Judge D Crim 2

A.
PRELIMINARY CONSIDERATIONS
1. CRIMINAL LAW, definition – branch or division of public law which defines crimes,
treats of their nature and provides for their punishment.
Note: CRIME VS. FELONY - A crime is an act committed or omitted in violation of a public
law forbidding or commanding it while a felony is an act or omission punishable by the
Revised Penal Code (RPC).
Note: FELONIES – are commited by means of (i) deceit (dolo) as when the act is performed
with deliberate intent or (ii) fault (culpa) as when the wrongful act results from (Art. 3, [2]
and [3], RPC).
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2. SOURCES OF PHILIPPINE CRIMINAL LAW –
(a) RPC (Act 3815) effective January 1, 1932 and its amendments; (b) special laws defining
acts and providing penalties for them passed by the legislative department of the Philippine
government;
(c) PDs of Pres. Ferdinand Marcos; (d) EOs of President Corazon Aquino.
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3. MAIN CHARACTERISTICS OF PHILIPPINE CRIMINAL LAW –
(a) Generality – Philippine criminal laws are binding on all persons who live/sojourn in the
Philippines regardless of creed, religion, sex or nationality so long as you reside in Philippine
territory.
Note: Exceptions –
(i) immunity granted to sovereigns and other chiefs of states, ambassadors, ministers
plenipotentiary, minister residents and charges d’affaires;
(ii) criminal exemptin based on treaty stipulations;
(iii) law of preferential treatment like Art. 6, Sec. 11 of the Constitution granting
parliamentary immunity to members of Congress.
(b) Territoriality – criminal law undertakes to punish crimes committed only within
Philippine territory.
Note: Exceptions –
(i) those who commit an offense while on a Philippine ship or airship; (ii) those who forge or
counterfeit any coin or currency note of the Philippines or obligations and securities issued
by the Government of the Philippines;
(iii) those liable for acts connected with introduction into Philippines of obligations and
securities mentioned in the preceding number; (iv) those who, while being public officers or
employees, should commit an offense in the exercise of their functions; or
(v) those who commit any of the crimes against national security and the law of nations
defined in Title One of Book 2 of the RPC (Art. 2, RPC).
(c) Prospective – Penal laws cannot make an act punishable when it was not punishable
when committed.
Note: Exception – Retroactive effect when favorable to a person guilty of a felony who is
not a habitual delinquent (Art. 22, RPC).
Note: See Rule 5, Art. 62 for habitual delinquency.
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4. CLASSIFICATION OF FELONIES –
(a) As to Manner/Mode of Execution (Art. 3) –
(i) Intentional Felonies – committed by means of deceit or malice (freedom, intelligence,

intent), eg., murder, estafa;
(ii) Culpable Felonies – where wrongful act results from imprudence, negligence, lack of
foresight or lack of skill (freedom, intelligence, imprudence, negligence, etc.), eg., reckless
imprudence resulting to homicide.
(b) As to Stage of Execution (Art. 6) –
(i) Consummated – all elements necessary for its execution and accomplishment are
present;
(ii) Frustrated – performs all acts of execution which would produce the felony as a
consequence but which do not produce it by reason of causes independent of perpetrator’s
will;
(iii) Attempted –commences commission of a felony directly by overt acts and does not
perform all the acts of execution which should produce the felony by reason of some
cause/accident other than his own spontaneous desistance.
(c) According to Gravity (Art. 9) –
(i) Grave Felonies – law attaches capital punishment or penalties which in any of their
periods are afflictive in accordance with Art. 25, RPC, eg. rape, parricide;
(ii) Less Grave Felonies – law punishes with penalties which in their maximum period are
correctional, eg., attempted homicide, illegal discharge of firearm;
(iii) Light Felonies – infractions of law for the commission of which the penalty of arresto
menor or a fine not exceeding P200, or both is provided, eg., slight physical injuries, alarms
and scandal.
(d) Mala in se vs. Mala Prohibita – Mala in se are crimes which are wrong from their
nature such as murder, theft, rape, etc. Mala prohibita are wrong merely because they are
prohibited by the State, like illegal possession of firearm.
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5. PERSONS CRIMINALLY LIABLE –
(a) commits a felony which he intended (Art. 4, RPC);
(b) commits a felony (delito) although the wrongful act done be different from that which
he intended which includes:
(i) Error in personae (mistake in victim’s identity) – Peace officers ordered to arrest escaped
notorious convict B, proceeded to the latter’s house and fired upon a sleeping man who
turned out to be T, were convicted of murder for fired upon T with wrongful intent to kill B
(Pp. vs. Oanis, 74 Phil 257);
(ii) Aberratio ictus (mistake in the blow) – X intends to kill Y and fired at the latter but only
hit Y superficially and killed his own father Z, X is criminally liable for attempted homicide
with paricide.
(iii) Praeter intentionem (injurious result is greater than that intended) – A slapped his wife
who feel and hit her head hard on the pavement rendering her unconscious and thereafter
dead, A is liable for parricide.
(c) performs an act which would be an offense against person or property if not for the
inherent impossibility of its accomplishment or due to employment of inadequate or
ineffectual means (Art. 4).
Note: Impossible crimes – acts performed with malice which would have been an offense
against persons/property if not for the inherent LEGAL or PHYSICAL impossibility of its
accomplishment or due to employment of inadequate/ ineffectual means.
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6. PARTICIPANTS OF THE CRIME –
(a) Principals (Art. 17) –
(i) By Direct Participation – take a direct part in the execution of the act;
(ii) By Inducement – directly force or induce others to commit the crime; and
(iii) By Indispensable Cooperation – cooperate in the execution of the offense by another

act without which the crime would not have been accomplished.
(b) Accomplices (Art. 18) – a.ka. “accessory before the fact”; did not participate as principal
but cooperates in the execution of the offense by previous or simultaneous act.
(c) Accessories (Art. 19) - a.k.a. “accessory after the fact”, has knowledge of the commission
of the crime but did not participate as principal or accomplice and takes part subsequent to
its commission by (key: PCH):
(i) Profits or assists the offender to profit by the effects of the crime;
(ii) Conceals or destroys the body of the crime or effects or instruments thereof to prevent
its discovery;
(iii) Harbors, conceals or assists in the escape of the principal provided that the accessory
acts with abuse of public functions, or whenever the author of the crime is guilty of treason,
parricide, murder or an attempt to take the life of the Chief Executive or is known to be
guilty of some other crime.
Note: P.D. No. 1612 (Anti-Fencing Law) – a “fence” is one who, with intent to gain for
himself or another, buys, possesses, keeps, acquires, conceals, sells or disposes of or buys
and sells, or in any other manner deals in any artifice, item, object or anything of value he
knows or should have known to have been derived from the proceeds of robbery or theft.
Hence, an accessory to robbery is a principal for violation of this decree.
Note: P.D. No. 1829 (Obstruction of Justice Law) – punishes any person who knowingly or
willfully (key: FIDO): Frustrates, Impedes, Delays or Obstructs apprehension of suspects and
investigation and prosecution of criminal cases by harboring, concealing or facilitating the
escape of any person whom he knows or has reasonable ground to believe/suspect, has
committed any offense under existing penal laws in order to prevent his arrest, prosecution
or conviction.
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7. CRIMES AND PENALTIES (Book II, RPC) – the different felonies are arranged into the
following titles:
(a) Title I – Crimes against National Security and Law of Nations
(b) Title II – Crimes against Fundamental Law of the State
(c) Title III – Crimes against Public Order
(d) Title IV – Crimes against Public Interest
(e) Title V – Crimes relative to Opium and other Prohibited Drugs
(f) Title VI – Crimes against Public Morals
(g) Title VII – Crimes committed by Public Officers
(h) Title VIII – Crimes against Persons
(i) Title IX – Crimes against Personal Liberty and Security

(j) Title X – Crimes against Property
(k) Title XI – Crimes against Chastity
(l) Title XII – Crimes against Civil Status of Persons
(m) Title XIII – Crimes against Honor
(n) Title XIV – Quasi-Offenses
Note: Give attention to the following items: (i) Offender; (ii) Act or omission involved; and
(iii) Circumstances attending. These elements distinguish one crime from another.
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B. CRIMES AGAINST NATIONAL SECURITY AND
LAW OF NATIONS (TITLE I)
1. TREASON (ART. 114) - a breach of allegiance to the government committed by a person

owing allegiance to it.
Elements:
(a) offender is a Filipino or resident alien;
(b) levies war against Philippines or adheres to the enemies by giving them aid or comfort in
the Philippines or elsewhere.
Note: A Filipino offender may commit treason even outside the Philippines. An alien to be
liable must be residing in the Philippines.
Note: Treason cannot be committed in PEACE TIME since the second element requires
“war.” Treason may be incubated in peace time and treasonable acts may be perpetuated
during such but there are no traitors until war has started. No formal declaration of the
existence of a state of war is necessary to justify the conclusion that those engaged in such
attempt are levying war and therefore guilty of treason.
Note: Two modes of committing treason –
(a) levying war against Government requires – (i) actual assembly of men; and (b) purpose of
the assembly is to execute a treasonable design by force; or
(b) adhering to the enemies of the Philippines, giving them aid or comfort.
Note: Adherence without giving aid or comfort to the enemy does not constitute treason.
Adherence means intent to betray. “Aid or comfort” is an act which strengthens or tends to
strengthen the enemy in the conduct of war against the traitor’s country; an act which
weakens or tends to weaken the power of the traitor’s country to resist or to attack the
enemy.
Note: Giving aid or comfort WITHOUT adherence to the enemy does not constitute treason.
Giving information to the enemy or commandeering foodstuffs for the enemy is evidence of
both adherence and aid or comfort. Commandeering women to satisfy the lust of enemy is
not treason.
Note: The act committed NEED NOT ACTUALLY strengthen the enemy as the commission of
the crime is determined by the AIM for which the act was done and not by the degree of
success.
Note: Murder, physical injuries and other common crimes are charged as overt acts of
treason or inherent in the crime of treason and cannot be charged as separate offenses or
as complexed with treason since the giving of aid and comfort can be accomplished only by
some kind of action – a deed or activity that may be and often in itself is a criminal offense
under another penal statute/ provision.
Note: Treason is proved by – (a) Testimony of at least two witnesses to the same overt act,
i.e. the physical deed of giving aid or comfort; or (b) Accused’s confession in open court.
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2. CONSPIRACY & PROPOSAL TO COMMIT TREASON (ART. 115) – Generally, conspiracy

and proposal to commit a felony is not punishable (under Art. 8, RPC). However, mere
conspiracy or proposal to commit treason is a felony because the very existence of the State
is in danger.
Elements of Conspiracy to Commit Treason:
(a) offenders are two or more persons;
(b) offenders, in time of war, come to an agreement to levy war against the Government or
to adhere to the enemies and give them aid or comfort; and
(c) offenders decide to commit it.

Elements of Proposal to Commit Treason:
(a) in times of war, offender is any person who has decided to levy war against the
Government or to adhere to the enemies and give them aid and comfort; and
(b) offender proposes its execution to some other person/s.
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3. MISPRISION OF TREASON (ART. 116) – This is a crime of omission as an exception to

the rule in relation to Art. 19 that, a person who keeps silent as to what he knows about the
perpetration of an offense, is not criminally liable.
Elements:
(a) offender is any person who owes allegiance to the Government not being a foreigner;
(ii) offender has knowledge of a conspiracy against the Government;
(c) offender conceals or does not disclose and make known this conspiracy as soon as
possible to the governor or fiscal of the province, or the mayor or fiscal of the city in which
he resides.
Note: The crime cannot be committed by a resident alien.

Note: The article speaks of knowledge of any conspiracy against the Government. Hence,
the crime cannot be committed if treason is already committed by someone and the
accused does not report its commission to the proper authority.
Note: The offender is a principal to the crime of misprision of treason but punished as an
ACCESSORY to the crime of treason (2 degrees lower).
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4. ESPIONAGE (ART. 117) – This is the offense of gathering, transmitting or losing

information respecting national defense with intent or reason to believe that information is
to be used to the Republic’s injury or a foreign nation’s advantage. The crime is not
conditioned by the offender’s citizenship and may be committed both in peace and war
time.
Note: Two ways of committing Espionage –
(a) Entering a warship, fort or naval/military establishment to obtain confidential

information, place photos or data relative to Philippine defense; or
(ii) Disclosure of contents of confidential information relative to Philippine defense to a

representative of a foreign nation.
Elements of First Offense:
(a) Offender is any person, citizen or foreigner, private individual or a public officer;
(b) offender, without authority therefor, entered a warship, fort, naval or military
establishment or reservation;
(c) such entry is with intent to obtain information relative to Philippine defense.
Note: Information need not be actually obtained. It is sufficient that offender has the
purpose of obtaining any of them when he entered.
Elements of Second Offense:
(a) Offender is a public officer;
(b) By reason of his public office, offender possesses articles, data or information relative to
Philippine defense;
(c) Offender discloses such data or information to a foreign nation’s representative.
Note: See C.A. No. 616 (An Act to Punish Espionage and Other Offenses against National
Security.
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5. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS (ART. 118) – This crime is
committed in times of peace.
Elements:
(a) Offender is a public officer/employee or private individual;
(b) Offender performs unlawful or unauthorized acts;

(c) Such acts provoke or give occasion for war involving or liable to involve the Philippine
Islands or exposes Filipino citizens to reprisals on their persons or property.
Note: Offender’s intention is immaterial. If the unlawful/unauthorized acts, like raising

without sufficient authorization of troops within the country for the service of a foreign
country against another or public destruction of flag of a foreign state, provokes or gives
occasion for war or expose Filipino citizens to reprisals, the crime is committed regardless of
his intentions. The law considers the effects produced by the accused’s actions.
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6. VIOLATION OF NEUTRALITY (ART. 119) – Neutrality means a nation does not take part
in a contest of arm going on between other nations.
Elements:
(a) Offender is any person;
(b) Offender violates any regulation issued by competent authority on the occasion of war in
which the Government is not involved;
(c) The issued regulation is for the purpose of enforcing neutrality.
Note: There must be a regulation issued by the competent authority for the enforcement of
neutrality.
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7. CORRESPONDENCE WITH HOSTILE COUNTRY (ART. 120) –Correspondence is
communication by means of letters; or it may refer to letters which pass between those who
have friendly/business relations.
Elements:
(b) Offender has correspondence with an enemy country or territory occupied by enemy
troops; and
(c) Such correspondence is made in time of war.
Note: Penalty varies depending on whether the correspondence:
(a) has been prohibited by the Government;
(b) be carried on in ciphers or conventional signs;
(c) if notice or information be given thereby which might be useful to the enemy;
(d) if notice or information was given by offender with intent to aid the enemy (the crime
amounts to treason, hence, the penalty is the same as that for treason).
Note: Even if the correspondence contains innocent matters, if the correspondence has
been prohibited by the Government, it is punishable because of the possibility that some
information useful to the enemy might be revealed unwittingly.
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8. FLIGHT TO ENEMY COUNTRY (ART. 121)
Elements:
(a) Offender is any person owing allegiance to the Government;
(b) Offender tries to flee or go to any enemy country;
(c)Such act is prohibited by competent authority.
Note: An alien resident can be held liable under the article as the law does not say “not
being a foreigner”. Mere attempt to flee/go to enemy country consummates the crime.
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9. PIRACY IN GENERAL & MUTINY ON HIGH SEAS (ART. 122) – Piracy is robbery or
forcible depredation on the high seas, without lawful authority and done with animo
furandiand in the spirit and intention of universal hostility.
Elements:
(a) Offender is any person not being a member of the ship’s complement or a passenger;
(b) Offender attacks or seizes any vessel or seize the whole or part of its cargo, equipment
or its complement/passengers’ personal belongings;
(c) Such attack or seizing is done on the high seas or in Philippine waters.
Note: Two Ways of Committing Piracy –
(a) Attacks or seizes a vessel on high seas or in Philippine waters; or
(b) Seizes whole or part of the cargo, equipment or personal belongings of the ship’s
complement/passengers while on the high seas or in Philippine waters.
Note: Mutiny is the unlawful resistance to a superior officer or the raising of commotions
and disturbances on board a ship against. It is also punished under this article.
Note: Under, P.D. No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974) –
(a) any attack upon/seizure of, any vessel or the taking away of the whole or part thereof or
its cargo, equipment or the personal belongings of its complement/passengers, irrespective
of the value thereof, by means of violence against or intimidation of persons or force upon
things, committed by any person including a passenger/member of the complement of said
vessel, IN PHILIPPINE WATERS, shall be considered as piracy;
(b) The offenders shall be considered as pirates and punished by the penalty of reclusion
temporal in its medium and maximum periods;
(c) If physical injuries or other crimes are committed as a result or on occasion thereof,
penalty of reclusion perpetua shall be imposed;
(d) If rape, murder or homicide is committed as a result or on occasion of piracy or when the
offender abandoned the victims without means of saving themselves, or when the seizure is
accomplished by firing upon or boarding a vessel, the mandatory penalty of death shall be
imposed. However, RA#9346 prohibits imposition of death penalty, thus instead of
mandatory penalty of death under PD#532, reclusion perpetua without eligibility for parole
shall be imposed.
Note: Read R.A. No. 9372 (Human Security Act of 2007).
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10. QUALIFIED PIRACY (ART. 123) – A special complex crime punishable by reclusion
perpetua to death, regardless of the number of victims.
Elements:
(a) Offender commits any of the crimes under Art. 122;
(b) In the commission of the crime, offender – (i) seizes a vessel by boarding or firing upon
it; (ii) abandoned the victims without means of saving themselves; (iii) murder, homicide,
physical injuries or rape is also committed.
Note: Any person who aids or protects pirates or abets the commission of piracy is an
accessory to the crime.
Note: Read R.A. No. 6235 (An Act Prohibiting Certain Acts Inimical to Civil Aviation, a.k.a.
Anti-Air Hijacking Law).
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C. CRIMES AGAINST FUNDAMENTAL LAWS
OF THE STATE (TITLE II)
Note: These are crimes against the fundamental laws of the State because they violate
certain provisions of the Bill of Rights (Article III of the 1987 Constitution).
1. ARBITRARY DETENTION (ART. 124) – Detention is a person’s actual confinement in an

enclosure, or in any manner detaining and depriving him of his liberty.
Note: If the person detained could move freely in or out of his prison cell and take his meals
outside the prison but still under surveillance of the guards and could not escape for fear of
being apprehended again, there is still arbitrary detention.
Elements:
(a) Offender is any public officer or employee;
(b) Offender detains a person;
(c) Detention is without legal grounds

Note: Offender is a public officer or employee to include policemen and other agents of the
law vested with authority to detain or order the detention of a person accused of a crime.
Note: The penalty for the crime depends on the period of detention that is –
(a) detention has not exceeded 3 days;
(b) detention continued for more than 3 days but not more than 15 days;
(c) detention continued for more than 1 days but not more than 6 months; or
(d) detention exceeded six months.
Note: Detention without legal grounds means that the person detained – (i) has not
committed a crime, or at least, there is no reasonable ground for suspicion that he has
committed a crime; or (ii) he is not suffering from violent insanity or any other ailment
requiring compulsory confinement in a hospital.
Note: Read Sec. 5, Rule 113 of the Rules of Court for the instances of a valid warrantless
arrest.
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2. DELAY IN DELIVERY OF DETAINED PERSONS TO PROPER JUDICIAL AUTHORITIES

(ART. 125) – This article is intended to prevent any abuse resulting from confining a person
without informing him of his offense and without permitting him to go on bail.
Elements:
(a) Offender is a public officer or employee;
(b) Offender detains any person for some legal ground;
(c) Offender fails to deliver the detainee to the proper judicial authority;
(d) Delivery of detainee to the proper judicial authority must be within – (i) 12 hours for
crimes punishable by light penalties; (ii) 18 hours for crimes punishable by correctional
penalties; and (iii) 36 hours for crimes punishable by afflictive or capital penalties.
Note: Delivery to the judicial authority of a person arrested without a warrant by a peace
officer consists in the making of an charge, accusation or filing an information against the
person arrested with the court whereby the latter acquires jurisdiction to issue an order of
release or commitment of the prisoner. The detaining officer’s duty is deemed complied
with upon the filing of the complaint with the judicial authority.
Note: Offender is a public officer/employee. A private individual who makes a lawful arrest
must also comply with the requirements prescribed in Art. 125. If he fails to do so, he shall
be guilty of illegal detention under Article 267 or 268, and not arbitrary detention.
Note: The article applies only when a lawful arrest is made without an arrest warrant. If the
arrest is by virtue of a warrant, the article does not apply. A person arrested under an arrest
warrant can be detained indefinitely until his case is resolved or he posts bail for temporary
release.
Note: Where a judge is not available, the arresting officer is duty-bound to release a
detained person, if the maximum hours for detention provided under Art. 125 has already
expired. Failure to cause the release may result in an offense under Art. 125.
Note: Under R.A. No. 9372 (Human Security Act of 2007) –
(a) a person charged with or suspected of the crime of terrorism or conspiracy to commit
terrorism shall be delivered to the proper judicial authority within 3 days counted from the
moment said charged or suspected person has been apprehended or arrested, detained and
taken into police custody. However, the arrest of the suspects must result from the
surveillance under Section 7 and the examination of bank deposits under Section 27.
(b) in case of actual or imminent terrorist attack, suspects may not be detained for more
than 3 days without the written approval of a municipal, city or provincial or regional official
of the Human Rights Commission, or of an MTC or RTC judge, Sandiganbayan or Court of
Appeals justice nearest the place of arrest. If arrest made on Saturdays, Sundays or holidays
or after office hours, the arresting officer shall bring the person thus arrested to the
residence of any of the mentioned officials;
(c) a penalty of 10 years and 1 day to 12 years imprisonment shall be imposed upon any
police or law enforcement personnel who has apprehended or arrested, detained and taken
into custody of a person charged with or suspected of the crime of terrorism or conspiracy
to commit terrorism and fails to deliver such charged or suspected person to the proper
judicial authority within the period of 3 days.
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3. DELAYING RELEASE (ART. 126)
Elements:

(b) Offender delays performing any judicial or executive order for the release of a prisoner
or detainee or unduly delays service of notice of such order to said prisoner or the
proceedings upon any petition for the liberation of such person;
(c) such delay is incurred within the period specified in Art. 124.
Note: Offender is mostly a warden or peace officer temporarily charged with the custody of
prisoners. There is a judicial or executive order for the release of a prisoner or a proceeding
upon a petition for the liberation of such prisoner. Offender delays without good reason
service of the notice of such order to the prisoner or performing such order of release or the
proceedings upon petition for the prisoner’s release.
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4. EXPULSION (ART. 127) –
Elements:
(b) Offender expels any person from the Philippines or compels such person to change his
residence;
(c) Offender is not authorized to make such expulsion or compulsion.
Note: Only Courts by final judgment can order a person to change his residence (such as in
cases of ejectment, expropriation, penalty of destierro).
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5. VIOLATION OF DOMICILE (ART. 128) –
Elements:
(a) Offender is any public officer or employee not authorized by judicial order;
(b) Offender enters any dwelling against the owner’s will, search papers or other effects
found therein without the owner’s previous consent or having surreptitiously entered said
dwelling and being required to leave the premises refuses to do so.
Note: The Three Acts punished by the article are: (i) entering any dwelling against the
owner’s will; (ii) searching papers or other effects found therein without the owner’s
previous consent; or (iii) having surreptitiously entered said dwelling and being required to
leave the premises, refuses to do so.
Note: In all three acts, the common element is that the offender is a public
officer/employee. If the offender is a private individual, the crime is trespass to dwelling.
Note: The penalty for the crime is higher when – (i) the crime is committed in the night-
time; or (ii) any papers or effects not constituting evidence of a crime is not returned
immediately after the offender made the search.
Note: Offender’s entrance is “against the owner’s will” presupposes either Expressed or
Implied Opposition or Prohibition by the owner. If public officer’s entrance is only without
the consent of the dwelling’s owner, the crime is not committed just as there is no crime
when said owner consent to such entrance.
Note: “Having surreptitiously entered said dwelling” means entrance may only be without
owner’s consent. The crime is committed only when offender REFUSES to leave the premises
when required to do so.
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6. SEARCH WARRANTS MALICIOUSLY OBTAINED & ABUSED OF THOSE LEGALLY

OBTAINED (ART. 129) –
Elements:
(b) Offender procures a search warrant without just cause or legal procures one but exceeds
his authority or use unnecessary severity in executing the same.
Note: Two Acts punished by the article – (i) procuring a search warrant without just cause;
or (ii) exceeding authority or using unnecessary severity in executing a search warrant
legally procured.
Note: Read Sec. 4, Rule 126 of Rules on Criminal Procedure for definition, procurement,
subject and scope of a search warrant.
Note: A search warrant is procured without just cause when it appears on the face of the
affidavits filed in support of the application therefor, or through other evidence that the
applicant had every reason to believe that the search warrant sought for was unjustified.
Perjury charges may be filed and affiant may be liable for damages.
Note: Under Secs. 2 and 3 of Article 3 of the Constitution, papers or effects obtained during
unreasonable searches and seizures or under a search warrant issued without probable
cause and not in accordance with the procedure prescribed or in violation of the privacy of
communication and correspondence, the same are not admissible if presented as evidence.
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7. SEARCHING DOMICILE WITHOUT WITNESSES (ART. 130) – The offender is armed with
a search warrant legally procured but he conducts the search without the owner or any
member of the latter’s family or 2 witnesses residing in the same locality present.
Elements:
(b)Offender searches the domicile, papers or other belongings of another person;
(c) Search is made in cases where a search is proper;
(d) Search is conducted in the absence of the person or any member of his family or in their
default without 2 witnesses residing in the same locality present.
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8. PROHIBITION, INTERRUPTION & DISSOLUTION OF PEACEFUL MEETINGS (ART. 131)

Elements:
(b) Offender prohibits or interrupts the holding of a peaceful meeting or dissolve the same
or hinders any person from joining any lawful association or from attending any of its
meetings or prohibits or hinders a person from addressing, either alone or together with
others, any petition to the authorities for correction of abuses or redress of grievance;
(c) Offender has no legal ground to do so.
Note: Three Acts punished by the article – (i) prohibits or interrupts the holding of a
peaceful meeting or dissolving the same; (ii) hinders any person from joining any lawful
association or attending any of its meetings; (iii) prohibits or hinders any person from
addressing, either alone or together with others, any petition to the authorities for the
correction of abuses/redress of grievances.
Note: In all three acts, the common element is that the offender is a public officer or
employee. If the offender is a private individual, the crime is disturbance of public order
under Art. 153, RPC.
Note: The offender must be a stranger, not a participant, in the peaceful meeting,
otherwise, the liability may be for unjust vexation under Art. 287.
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9. INTERRUPTION OF RELIGIOUS WORSHIP (ART. 132)

Elements:
(b) A religious ceremony or manifestation of religion is about to take place or is on-going;
(c) Offender prevents or disturbs such ceremony or religious manifestation.
Note: The penalty is higher when the crime is committed with threats or violence.
Note: It is the nature of the activity and not the place where the activity is conducted that
determines “religious worship.” Hence, reading of Bible verses in a private house by a group
of people is a religious service. The law does not require that a religious service should be
conducted in an approved orthodox style to merit protection against interference and
disturbance.
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10. OFFENDING RELIGIOUS FEELINGS (ART. 133)
Elements:
(b) Offender performs acts notoriously offensive to the feelings of the faithful;
(c) Such acts must be performed in a place devoted to religious worship or during a
religious celebration.
Note: “In a place devoted to religious worship” does not require a religious ceremony to be
on-going when the offender performs notoriously offensive acts.
Note: “During the celebration” is separate from the phrase “devoted to religious worship
and indicates that the religious ceremony need not be celebrated in a place of worship. A
religious ceremony is a religious act which include one performed outside the church such
as a processions or special prayers for burying dead persons.
Note: “Acts notoriously offensive to the feelings of the faithful” are acts directed against
religious practice or dogma or ritual for the purpose of ridicule like mocking or scoffing at
or attempting to damage an object of religious veneration. There must be deliberate intent
to hurt the feelings of the faithful. Offense to feelings is judge from the complainant’s point
of view.
Note: Read the case of People vs. Baes 68 PHIL 203
Note: Read the case of Celdran vs. People G.R. No. 220127, March 3, 2018.
D. TITLE III. CRIMES AGAINST PUBLIC ORDER
1. REBELLION OR INSURRECTION (ART. 134)
Note: This is a crime of the masses, of a multitude involving a vast movement of men and a
complex net of intrigues and plots evoking not only a challenge to constituted authorities
but also civil war on a bigger or lesser scale.
Elements:
(a) Offenders rise publicly and take arms against the Government; (b) The purpose of the
offenders is to remove from the allegiance to the Government or its laws, the territory of the
Philippine or any part thereof, of any body of land, naval or other armed forces, and deprive
the Chief Executive or the Legislature, wholly or partially, of any of their powers or
prerogatives.
Note: Rebellion and insurrection are not synonymous. In rebellion, the object of the
movement is complete overthrow and superseding of the existing government. In
insurrection, the movement seeks only to effect a change of minor importance or prevent
the exercise of governmental authority with respect to particular matters/subjects.
Note: The law requires public rising and taking arms against the Government but actual
clash of arms with government forces is not absolutely necessary.
Note: It is not necessary that the purpose of the rebellion be accomplished. Rebellion is
complete the very moment a group of rebels rise publicly and take arms against the
government in order to overthrow the same by force.
Note: Read the case of Carino vs. People, G.R. No. L-14752, April 30, 1963.
Note: Read the case People vs. Lovedorio, 250 SCRA 389.
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2. COUP D’ETAT (ART. 134-A)

Elements:
(a) Offender is a person or persons belonging to the military or police or holding any public
office or employment;
(b) Offender makes a swift attack accompanied by violence, intimidation, threat, strategy or
stealth;
(c) the attack is directed against duly constituted authorities of the Republic, or any military
camp or installation, communications network, public utilities or other facilities needed for
the exercise and continued possession of power,
(d) attack is carried out singly or simultaneously anywhere in the Philippines
(e) such attack is with or without civilian support or participation; and
(f) the purpose of the attack is to seize or diminish state power.
Note: Coup d’etat may be committed with or without civilian participation. The leader must
be a member of the PNP, AFP or public officer.
Note: Under R.A. No. 9372 (Human Security Act of 2007), a person who commits an act
punishable as coup d’etat under Art. 134-A, including acts committed by private persons,
thereby sowing and creating a condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government to give in to an unlawful demand
shall be guilty of the crime of terrorism.
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3. PENALTY FOR REBELLION, INSURRECTION OR COUP D’ETAT (ART. 135)
Note: The leader and participants are liable for rebellion or insurrection or coup d’etat.
Note: Leaders refer to any person who – (a) promotes, maintains or heads the rebellion,
insurrection or coup d’etat; (b) leads, directs or commands others to undertake rebellion,
insurrection or coup d’etat.
Note: Participants – any person who (a) participates or executes commands of others in
rebellion/insurrection or coup d’etat, (b) in being in the government service, participates, or
executes directions or commands of others in undertaking a coup d’etat; (c) not being in the
government service, participates, supports, finances, abets, or aids in undertaking a coup
d’etat.
Note: To be liable, the public officer must take an active part. His mere silence or omission
is not punishable in rebellion.
Note: The presumed leader of the rebellion, insurrection or coup d’etat when the leader is
unknown is the one who – (a) directed others; (b) spoke for them; (c) signed receipts and
other documents; or (d) performed similar acts on behalf of the rebels.
Note: Rebellion and not murder is the proper charge against a person who killed in
pursuance of the movement to overthrow the government and not because of any personal
motive on his part.
Note: There is no complex crime of rebellion with murder and other common crimes as one
of the means to commit rebellion is by “engaging in war against the forces of the
government” and “committing serious violence” in the prosecution of said “war”. Acts
committed to further rebellion though crimes in themselves are deemed absorbed in one
single crime of rebellion. However, if the killing, robbing or other common crimes
committed during rebellion were done for private purposes or profit and without political
motie, such crimes would be punished separately.
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4. CONSPIRACY & PROPOSAL TO COMMIT COUP D’ETAT, REBELLION OR
INSURRECTION (ART. 136) –
Note: Where two or more persons come to an agreement to commit coup d’etat or
rebellion or insurrection and decide to commit it, such conspiracy is a crime.
Note: A person who has decided to commit coup d’etat, rebellion or insurrection and
proposes its execution to some other person/s, such proposal is a crime.
Note: Merely agreeing and deciding to rise publicly and take arms against the Government
for the purposes of rebellion or merely proposing the commission of said acts is already
subject to punishment.
___________________________________
5. DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES (ART. 137)
Note: This crime presupposes the existence of rebellion by other persons.
Elements:

(b) Offender failed to resist a rebellion by all means in his power or continues to discharge
the duties of his office under the control of the rebels or accepts appointment under them.
Note: The offender is a public officer. If a private individual accepts an appointment to

office under the rebels, he is not liable under this article.
Note: The public officer must not be in conspiracy with the rebels otherwise he is liable for
rebellion because the act of one is the act of all.
___________________________________
6. INCITING A REBELLION OR INSURRECTION (Art. 138)
Note: Inciting to rebellion is a crime but inciting to coup d’etat is not a crime as the latter is
a crime of swift attack (cloak and dagger style).
Elements:
(b) Offender without taking arms or being in open hostility against the Government, incites
others to execute any of the acts specified in Art. 134;
(c) inciting is done by means of speeches, proclamations, writings, emblems, banners or

other representations tending to the same end.
___________________________________
7. SEDITION (ART. 139)
Note: The nature of this crime is the raising of commotions or disturbances in the State.
Acts of sedition would be valid exercise of dissent except that the actors resorted to means
not considered LEGAL.
Elements:
(a) Offenders are persons who rise publicly and tumultuously;
(b) The public and tumultuous rising is intended to attain any of the objects listed in this
article;
(c) Offenders employ force, intimidation or any other means outside of legal methods to
attain their purpose.
Note: The Objects of Sedition are – (key: PPDIC)
(a) Prevent promulgation or execution of any law or holding of any popular election;
(b) Prevent National Government or any provincial or municipal government or any public
officer thereof from freely exercising its or his functions or prevent execution of any
administrative order;
(c) Despoil any person or municipality or province or the National Government of its
property or any part thereof for any political or social end;
(d) Inflict any act of hate or revenge upon the person or property of any public officer or
employee; or
(e) Commit any act of hate or revenge against private persons or any social class for any
political or social end;
Note: Violation of R.A. No. 10591 (Comprehensive Law on Firearms and Ammunition, if in
furtherance of, or incident to, or in connection with the crime of rebellion or insurrection
shall be absorbed as an element of the crime of rebellion or insurrection or attempted coup
d’etat. If the crime is committed by the person without using the loose firearm, the violation
of this Act shall be a distinct and separate offense (Section 29).
Note: The leaders and participants of sedition will be liable under Art. 140.
___________________________________
8. CONSPIRACY TO COMMIT SEDITION (ART. 141)
Note: This conspiracy is punished as a crime in order to preserve public order.
Note: Proposal to commit sedition is not a crime considering the right to dissent.
___________________________________
9. INCITING TO SEDITION (ART. 142)
Note: The right to dissent is balanced with public order since the seditious word may create
a clear and present danger.
Note: Two Ways of Committing the Crime –
(a) Inciting others to commit acts of sedition by means of speeches, proclamations, writings,
emblems, cartoons, banners or other representations tending to the same end; or
(b) Uttering seditious words or speeches, writes or publishes or circulates scurrilous libels
against the Government or any of the duly constituted authorities thereof.
Elements of the First Way of Committing the Crime:
(b) Offender incites others to accomplish any act constituting sedition;
(c) Offender does not take any direct part in the crime of sedition; and
(d) Inciting is done by means of speeches, proclamations, writings, emblems, cartoons,

banners, or other representations tending to the same end.
Elements of the Second Way of Committing the Crime:
(b) Offender utters seditious words or speeches, writes or publishes or circulates scurrilous
libels;
(c) These libels are against the Government or any of the duly constituted authorities
thereof, or tend to disturb or obstruct any lawful officer in executing his office’s functions or
tend to instigate others to cabal and meet together for unlawful purposes, or suggests or
incite rebellious conspiracies or riots, or lead or tend to stir up the people against the lawful
authorities or to disturb the peace of the community, the safety and order of the
Government.
Note: Proposal to throw hand grenades in a public place or to gun down all police officers
constitutes inciting to sedition.
Note: There is no crime when it is not proved that the accused incited the people to rise
publicly and tumultuously in order to attain any of the purposes of sedition.
___________________________________
10. ACT TENDING TO PREVENT MEETING OF ASSEMBLY AND SIMILAR BODIES (ART.
143)
Elements:
(b) Offender, by force or fraud prevents a projected or actual meeting of Congress or any of
its committees or sub-committees or constitutional commissions or committees or divisions
thereof, or of any provincial board or city/municipal council.
___________________________________
11. DISTURBANCE OF PROCEEDINGS (ART. 144)
Elements:
(b) Offender disturbs the meeting of Congress or any of its committees or sub-committees
or constitutional commissions or committees or divisions thereof, or of any provincial board
or city/municipal council or behaves in a manner as to interrupt its proceedings or to impair
the respect due it.
Note: One who disturbs the proceedings of Congress/its committees may also be punished
for legislative contempt.
___________________________________
12. VIOLATIONS OF PARLIAMENTARY IMMUNITY (ART. 145)
Note: Two Offenses Covered –
(a)Use of force, intimidation or threats or fraud to prevent any member of Congress from
attending the meeting of Congress or expressing his opinion or casting his vote; or
(b) Arrest or search of any member of Congress while the latter is in regular or special
session.

(b) Offender uses force, intimidation or threats or fraud to prevent any member from
attending the meeting of Congress, any of its committees or subcommittees or
constitutional commissions or committees or divisions thereof, from expressing his opinion
or casting his vote.
Elements of the Second Offense:
(b) Offender arrest or searches any member of Congress while the latter is in regular or
special session except when such member has committed a crime punishable by more than
six years imprisonment.
___________________________________
13. ILLEGAL ASSEMBLIES (ART. 146)
Note: The organizers or leaders and persons merely present at the meeting are liable.
Elements:
(b) Offender attends a meeting attended by armed men for the purpose of committing any
crime under the RPC or any meeting where the audience is incited to commit treason,
rebellion or insurrection, sedition or assault upon a person in authority or his agents.
Note: Two kinds of Illegal Assembly –
(a) meeting with the participation of armed men for the purpose of committing a crime
under the RPC;
(b) a meeting (which does not require the participation of armed men) where the audience
is incited to commit treason, rebellion, sedition, insurrection, assault on public officer or an
agent of a person in authority.
Note: Legal presumption as to person with an unlicensed firearm arm at such meeting – (i)
he is a leader or organizer of the meeting; and (ii) as to him, the purpose of the meeting is
to commit acts punishable under the RPC.
Note: The crime is not committed when forty unarmed persons meeting for the purpose of
committing theft of large cattle because the persons attending the meeting were unarmed.
Also, they only conspired to commit qualified theft which conspiracy is not a crime.
Note: Five men met for the purpose of planning a robbery, two of them were policemen
and one was a solider who were carrying their firearm. There is no crime for the conspiracy
to commit robbery but the crime of illegal assembly is committed. They were in a meeting
to commit a crime under the RPC with armed men present. The other two who were
unarmed are still liable for illegal assembly because persons merely present at such meeting
(though not armed) are still punished.
___________________________________
14. ILLEGAL ASSOCIATIONS (ART. 147)
Elements:
(a) Offender is the founder, director or president or mere member of an association;
(b) The association is totally or partially organized for the purpose of committing any of the
crimes punishable under the RPC or for some purpose contrary to public morals.
Note: The basis of criminal liability is the formation and organizing of a corporation, group
or association purposely to engage in unlawful activities. The unlawful purpose is not limited
to violations of the RPC but also includes violations of special law or public morals
(construed to refer to public welfare).
___________________________________
15. DIRECT ASSAULTS (ART. 148)
Note: This crime is committed in the spirit of lawlessness or defiance of authority. Direct
assault is a crime against public order, ordinary assault (under Art. 263 to 266) are crimes
against persons.
Note: Two Offenses under the article –
(a)Employ force or intimidation to attain any purpose of the crime of rebellion or sedition;
and
(b) Attack, employ force or seriously intimidate or resist any person in authority or his
agents.
Elements of the First Offense:

(a) Offender is any person/s;
(b) Without a public uprising, offender employs force or intimidation; to attain any purpose
enumerated in defining the crimes of rebellion and sedition.
(a) Offender is any person/s;
(b) Without a public uprising, offender attacks, employs force or seriously intimidates or
resists any person in authority or any of his agents;
(c) the attack upon the victim is while the latter is engaged in the performance of official
duties, or on occasion of such performance.
Note: Attack means any offensive or antagonistic movement or action of any kind.
Note: Force, if directed against an agent of a person in authority must be of a serious

character as to indicate determination to defy the law and its representation at all hazards.
Note: Direct assault is always complex with the crime committed. However, if the assault
brings about slight physical injuries only, the offender should only be prosecuted for direct
assault since a light felony cannot be complexed. The slight physical injuries is absorbed
because the commission of the crime requires force or intimidation or attack which suggest
some injury. If the assault brings about death or serious or less serious physical injuries, the
crime is complex, DIRECT ASSAULT with serious/less serious physical injuries or direct
assault with murder.
Note: When the person in authority is assaulted is in actual performance of his duty, it is
always direct assault regardless of the reason for the assault which may be private or public.
Note: When the person or agent of a person in authority is attacked not while in the
performance of his duty, the reason for the attack must be established, i.e. the reason must
be for past performance of duty to make it direct assault.
Note: It is Qualified Direct Assault (meaning higher penalty) when – (i) the assault is
committed with a weapon; (ii) offender is a public officer or employee, or (c) offender lays
hands upon a person in authority.
___________________________________
16. INDIRECT ASSAULTS (ART. 149)
Note: This crime cannot be committed without direct assault taking place. The offended
party should not be a person in authority or his agent, otherwise, the crime is another direct
assault.
Elements:
(b) Offender makes use of force or intimidation upon any person coming to the aid of the
authorities or their agents on occasion of the commission of any of the crimes defined in
Art. 148.
Note: When the victim of direct assault is a person in authority, the attack on a person
aiding the person in authority is not INDIRECT ASSAULT but DIRECT ASSAULT because Art.
152 provides that any person who comes to the aid of a person in authority is an agent of a
person in authority. INDIRECT ASSAULT is only committed when the victim of the assault
comes to the aid of an agent of a person in authority.
___________________________________
17. DISOBEDIENCE TO SUMMONS ISSUED BY NATIONAL ASSEMBLY, ITS COMMITTEES

OR SUBCOMMITTEES, CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES OR
DIVISIONS (ART. 150)
Note: Two Offense under the article –
(a) Refusal to obey summons to attend as witness before Congress or its committees and
sub-committees or Constitutional Commissions and its committees, subcommittees, or
divisions or any commission or committee chairman or member authorized to summon
witnesses or being present thereat, refusal to be sworn or placed under affirmation or
refusal to answer any legal inquiry or produce any books, papers, documents, or records in
his possession, when required by them to do so in the exercise of their functions;
(b) Restraining another from attending as a witness or induces disobedience to a summon

or refusal to be sworn by any such body or official.
(b) Offender has been duly summoned to attend as a witness before Congress or its special
or standing committees and subcommittees or Constitutional Commissions and its
committees, subcommittees, or divisions/any commission or committee chairman or
member authorized to summon witnesses,
(c) Offender refuses to obey such summons, or being present before such body or official
refuses to be sworn or placed under affirmation or refuses to answer any legal inquiry or
produce any books, papers, documents, or records in his possession, when required by
them to do so in the exercise of their functions;
(d) Offender’s refusal is without legal excuse.
(b) Offender restrains another from attending as a witness or induces disobedience to a

summon or refusal to be sworn by any such body or official.
Note: Any of the acts covered by this article may also be punished for legislative contempt.
___________________________________
18. RESISTANCE & DISOBEDIENCE TO PERSONS IN AUTHORITY OR AGENTS OF SUCH

PERSONS (ART. 151)
Note: This crime consists in failure to comply with orders directly issued by the authorities
in the exercise of their official duties.
Elements of the crime:
(a) A person in authority or his agent is engaged in the performance of official duty or gives
a lawful order to the offender;
(b) Offender resists or seriously disobeys such person in authority or his agent;
(c) Offender’s act is not included in Art. 148, 149 or 150.
Note: Failure of defendant to comply with writ of execution issued by the court does not
constitute disobedience to such order because a writ of execution is issued by the judge to
the sheriff and not to the defendant.
Note: It must be a lawful order otherwise, resistance is justified. Refusal to subject to a

warrant search is justified unless such instance falls under any circumstance as justifying a
warrantless search.
___________________________________
19. WHO ARE PERSONS IN AUTHORITY? (ARTICLE 152) – A person in authority is any
person directly vested with jurisdiction, whether as an individual or as a member of some
court or governmental corporation, board, or commission, including barangay chairman is a
person in authority.
Note: A person who, by direct provision of law or by election or by appointment by

competent authority, is charged with the maintenance of public order and the protection
and security of life and property, such as a barrio councilman, barrio policeman and
barangay leader and any person who comes to the aid of persons in authority, shall be
deemed an agent of a person in authority.
Note: Teachers, professors and persons charged with the supervision of public or duly
recognized private schools, colleges and universities, and lawyers in the actual performance
of their professional duties or on the occasion of such performance, shall be deemed
persons in authority.
Note: Read the case of Gelig vs. People, GR#173150, July 28, 2010.
___________________________________
20. TUMULTS & OTHER DISTURBANCES OF PUBLIC ORDERS (ART. 153)
Note: This article has reference to Arts. 131 (interruption of peaceful meetings) and 132
(interruption of religious worship)since the same acts are punished if committed by public
officers who are not participants in the meeting or religious worship. The article applies if
the disturbance or interruption of a meeting or religious worship is committed by a private
individual or even by a public officer but he is a participant in the meeting or religious
worship.
Note: Three Offense under the Article –
(a) Causing any serious disturbance in a public place;
(b) Making any outcry tending to incite rebellion or sedition or displays placards or
emblems which provide a disturbance of public order; and
(c) Burying with pomp the body of a legally executed person.
(b) Offender causes any serious disturbance in a public place, office, or establishment, or
interrupts or disturbs public performances, functions or gatherings, or peaceful meetings;
and
(c) Offender’s act is not included in Articles 131 and 132.
(b) Offender makes any outcry tending to incite rebellion or sedition or displays placards or
emblems which provide a disturbance of public order;
(c) Offender commits any of said acts in any meeting, association or public place.
Elements of Third Offense:
(b) Offender buries with pomp the body of a legally executed person.
Note: If the outcry or display of emblems or placards is done with intent to seduce his
hearer or readers to commit rebellion or sedition, the crime is inciting to rebellion or
sedition. If the outcry is more or less unconscious which, although rebellious or seditious
and not intentionally calculated to induce others to rebellion or sedition, it is only public
disorder.
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21. UNLAWFUL USE OF MEANS OF PUBLICATION & UNLAWFUL UTTERANCES (ART.

154) –
Note: Four Offenses under the article –

(a) Publishes or causes to be published as news any false news;
(b) Encourages disobedience to the law or the constituted authorities or praises, justifies or
extols any act punished by law;
(c) Maliciously publishes or causes to be published any official resolution or document

without proper authority or before they are officially published; or
(d) Prints, publishes, or distributes or causes to be printed, published, or distributed books,

pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are
classified as anonymous.”
(b) Offender publishes or causes to be published as news any false news;
(c) Publication is by means of printing, lithography, or any other means of publication; and
(d) Such publication may endanger the public order, or cause damage to the State’s interest
or credit.
(b) Offender encourages disobedience to the law or constituted authorities or praises,

justifies or extols any act punished by law;
(c) Offender uses printing, lithography or any other means of publication or words,
utterances or speeches.
(b) Offender maliciously publishes or causes to be published any resolution or document

without proper authority or before thy have been officially published.
Elements of Fourth Offense:
(b) Offender prints, publishes or distributes or cause to be printed, published or distributed

books, pamphlets periodicals or leaflets not bearing the real printer’s name or which are
classified as anonymous.
Note: Actual public disorder or damage to the credit of the State is not necessary (the mere
possibility of causing such danger or damage is sufficient).
Note: The offender must know that the news is false. Otherwise, he is not liable under this
article, due to absence of criminal intent.
___________________________________
22. ALARMS & SCANDALS (ARTICLE 155)

Note: This is a light felony which is equivalent to a breach of peace in local ordinances.
Note: Four Offenses covered by the article –
(a) Discharges any firearm, rocket, firecracker or other explosive calculated to cause alarm or
danger;
(b) Instigates or takes an active part in any charivari or other disorderly meeting;
(c) Disturbs the public peace while wandering about at night or being engaged in any
nocturnal amusement; or
(d) Causes any disturbance or scandal in public places while intoxicated or otherwise.
(b) Offender discharges any firearm, rocket, firecracker or other explosives calculated to
cause alarm or danger;
(c) Offender commits said act within any town or public place.
(b) Offender instigates or takes an active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility.
(b) Offender disturbs the public peace while wandering about at night or being engaged in
any other nocturnal amusements.
(b) Offender causes any disturbance or scandal in public places while intoxicated or
otherwise.
Note: The circumstances of the case must not make the provision of Art. 154 applicable.
Note: Discharge of a firearm calculated to cause alarms is also penalized as a crime of illegal
discharge of firearm. If the offender discharged the firearm at a person but missed, the
crime may be even be attempted homicide or murder. If the firearm was not directed at any
person when discharged, it is alarms and scandals. If the discharge was directed at any
person but intent to kill is not proved, it is illegal discharge of firearm.
Note: Charivari is a mock serenade where a person who pretends to be serenading is

actually disturbing the public peace because he is not using musical instruments but using
broken pots and utensils. The person serenaded may also be inconvenienced so he may file
UNJUST VEXATION.
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23. DELIVERY OF PRISONERS FROM JAIL (ART. 156) –
Elements:
(b) Offender removes any person confined offender removes from jail or penal
establishment any person confined therein or helps such person escape.
Note: The penalty is higher when the crime is committed by means of violence, intimidation
or bribery.
Note: The prisoner who is aided in escaping, if already a convict serving sentence by a final
judgment, is liable for evasion of service of sentence under Art. 157, 158 or 159.
Note: The offender is usually outsider. However, even a jailguard who is off-duty or who
does not custody of the prisoner may be liable under this article.
Note: The prisoner may be a mere detention prisoner or a convicted prisoner. If the
detention prisoner is aware of the criminal plan to let him escape and he cooperate, he is
co-principal to the crime of delivery of prisoners from jail. If he was unaware of such plan
and he escaped only because of human extinct, he incurs no criminal liability because a
prisoner is only criminally liable for leaving the jail where there is evasion of service of
sentence which implies that he is a convicted prisoner.
___________________________________
24. EVASION OF SERVICE OF SENTENCE (ART. 157)
Note: Evasion is the act of leaving the place of confinement. This crime can only be
committed by a convict by final judgment.
Elements:
(a) Offender is a convict;
(b) Offender evades the service of his sentence;
(c) Such evasion is done by escaping during the term of his imprisonment by reason of final
judgment.
Note: Penalty is higher when the evasion or escape takes place by means of – (i) unlawful
entry; (ii) breaking doors, windows, gates, walls, roofs, floors or using picklocks, false keys;
(iii) deceit, violence or intimidation or through connivance with other convicts or employees
of the penal institution.
Note: B was sentenced to destierro for killing his wife in the act of sexual intercourse with
her paramour. B went to Dagupan which was one of the places prohibited in the judgment.
B has committed the crime of EVASION OF SENTENCE. Art. 157 is not limited to jail-
breaking. Any act of leaving the place where convict is required to serve the sentence is
evasion (including destierro).
___________________________________
25. EVASION OF SERVICE OF SENTENCE ON OCCASION OF DISORDER,

CONFLAGRATION, EARTHQUAKES OR OTHER CALAMITIES (ART. 158) –
Note: Evasion in this article is the act of not returning within 48 hours from the
proclamation that the calamity had passed.
Elements:
(a) Offender is a convict who evaded service of his sentence;
(b) Such evasion was by leaving the penal institution where he was confined;
(c) Such evasion was on the occasion of disorder due to conflagration, earthquake,
explosion, or similar catastrophe, or during a mutiny in which he has not participated;
(d) Offender fails to give himself up to the authorities within 48 hours following the issuance
of the Chief Executive’s proclamation announcing the passing away of such calamity.
Note: RA10592 (Sec. 4) amended Art. 98RPC –
(a) 1/5 deduction of the period of the sentence is granted to any person who, having
evaded his preventive imprisonment or service of his sentence under the circumstances
mentioned in Art. 158, gives himself up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing away of the calamity or catastrophe
referred to in to the Article.
(b) 2/5 deduction of the period of the sentence is granted in case the prisoner under
preventive imprisonment or serving sentence chooses to stay in the place of confinement
despite the existence of a calamity or catastrophe enumerated in Art. 158.
___________________________________
26. OTHER CASES OF EVASION OF SERVICE OF SENTENCE (ART. 159) –
Elements:
(a) Offender is a convict;
(b) Offender has been granted conditional pardon by the Chief Executive;
(c) Offender violates any condition of such pardon.
Note: A conditional pardon is a contract between the Executive, who grants the pardon, and
the convict, who accepts it. Since it is a contract, the pardoned convict is bound to fulfill its
conditions and accept all its consequences, not as he chooses, but according to its strict
terms.
Note: If penalty remitted by the pardon be higher than 6 years, convict shall suffer the
unexpired portion of his original sentence. If the penalty remitted by the pardon is not more
than 6 years, the penalty is prision correccional minimum.
Note: Violation of condition pardon is a crime because it constitutes evasion of service of

sentence. However, it is not a substantive offense because the penalty is only the unexpired
period of sentence for which he was pardoned.
___________________________________
27. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR

ANOTHER OFFENSE (ART. 160)
Note: This article provides for quasi-recidivism which is a special aggravating circumstance
where a person, after having been convicted by final judgment, commits a new felony
before beginning to serve or while serving such sentence. The new/second crime must be a
felony. The first crime need not be a felony.
Elements:
(a) Offender is a convicted prisoner;
(b) Offender commits a felony before beginning to serve or while serving his sentence.
Note: The penalty is the maximum period of the penalty prescribed for the new felony.
___________________________________
E. TITLE IV – CRIMES AGAINST PUBLIC INTEREST
1. COUNTERFEITING THE GREAT SEAL OF PHILIPPINE GOVERNMENT, FORGING THE

SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE (ART. 161)
Elements:
(b) Offender forges the Great Seal of the Government or the Chief Executive’s signature or
stamp.
Note: Forging the President’s signature in a government document is not falsification, it is
violation of Art. 161. If the President leaves a blank paper with his signature with his
secretary, a written document thereon gives rise to a violation of Art. 171 or 172 and not
this article which requires an imitation of the Chief Executive’s signature.
___________________________________
2. USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR GREAT STAMP (ART. 162)
Elements:
(b) Offender knowingly makes use of the counterfeit seal or forged signature or stamp in
Art. 161.
Note: The offender in this article is not the one who forged the Great Seal or the Chief
Executive’s signature. Otherwise, he will be liable under Art. 161.
___________________________________
3. MAKING & IMPORTING & UTTERING FALSE COINS (ART. 163) –
Elements:
(b) Offender makes, imports or utters false coins;
(c) Offender is in connivance with the counterfeiters or importers.
Note: Counterfeiting is the falsification of money including money not legal tender.
Falsification is to documents while mutilation is to commercial instruments, notes,
obligation. To import fake coins means to bring them into port. To utter is to pass
counterfeited coins.
Note: A coin is false or counterfeited, if it is forged or if it is not authorized by the

Government as legal tender, regardless of its intrinsic value. Counterfeiting means the
imitation of a legal or genuine coin.
___________________________________
4. MUTILATION OF COINS, IMPORTATION OF MUTILATED COINS (ART. 164)
Note: Mutilation (defrauding) is the act of diminishing precious metal contents of coins by
scratching, defacing, etc., thus reducing the intrinsic validity of coins of legal tender. The
coins MUST BE LEGAL TENDER and do not include coins of foreign countries.
Elements:

(b) Offender mutilates coins of legal currency or imports or utters mutilated current coins;
(c) Offender is in connivance with mutilators or importers.
Note: Under P.D. No. 247 (Anti-Mutilation Law), the act of destroying, defacing, tearing,
mutilating any currency issued by the Republic of the Philippines is punished.
___________________________________
5. SELLING OF FALSE OR MUTILATED COIN WITHOUT CONNIVANCE (ART. 165)
Elements:
(a)Offender is any person;
(b) Offender knowingly possesses false or mutilated coins;
(c) Offender is not in connivance with importers or mutilators;
(d) Offender possesses such coins with intent to utter the same or actually utters such coin.”
Note: The counterfeited coin need not be legal tender. However, if the coin possessed with
intent to utter or is actually uttered is a mutilated coin, the latter must be legal tender
because mutilation of coins is committed only with coins of legal tender.
Note: It is general possession and not just actual or physical possession which is prohibited.
Note: If the false or mutilated coins are found in the possession of the counterfeiters,
mutilators or importers, such possession is not a separate offense but is identified with
counterfeiting, mutilation or importation.
Note: The accused must have knowledge of the fact that the coin is false.
___________________________________
6. FORGING TREASURY/BANK NOTES OR OTHER DOCUMENTS PAYABLE TO BEARER,

IMPORTING & UTTERING SUCH FALSE OR FORGED NOTES & DOCUMENTS (ART. 166)
Note: Two Offenses punished by the article –
(a) Forging or falsifying treasury or bank notes or certificates or other obligations and
securities payable to bearer; or
(b) Importing and uttering false or forged obligations and notes in connivance with forgers
and importers.
(b) Offender forges or falsifies treasury or bank notes or certificates or other obligations and
securities payable to bearer.

(b) Offender imports and utters in connivance with forgers or importers such false or forged
obligations or notes.
Note: Forgery is to credit instruments, notes and obligations by the Philippine government,
eg. sweepstake tickets, lotto tickets, treasury warrants, postal money orders, treasury
certificates. Offender must exert effort to give the spurious or fake instrument the
appearance of being true and genuine capable of defrauding another.
Note: Forgery is giving a treasury or bank note or any instrument payable to bearer or order
the appearance of a true and genuine document. Falsification is committed by erasing,
substituting, counterfeiting, or altering by any means, the figures, letters, words or signs
contained therein. To forge an instrument is to make false instrument intended to be passed
for the genuine one.
Note: Uttering and importing forged bills must be with connivance to constitute violation of
this article.
___________________________________
7. COUNTERFEITING, IMPORTING & UTTERING INSTRUMENTS NOT PAYABLE TO

BEARER (ART. 167)
Elements:

(b) Offender forges, imports or utters any instrument payable to order or other document of
credit not payable to bearer; and
(c) Offender is in connivance with the forgers or importers.
Note: This article applies to instruments payable to order.
Note: The utterer should not be the forger because if he is connivance is not required as he
can be liable as the forger of the instrument.
Note: Forgery of currency is punished so as to maintain the integrity of the currency and
thus insure the credit standing of the government and prevent the imposition on the public
and the government of worthless notes or obligations.
___________________________________
8. ILLEGAL POSSESSION & USE OF FALSE TREASURY OR BANK NOTES AND OTHER
INSTRUMENTS OF CREDIT (ART. 168)
Elements:
(b) Offender knowingly uses or has in his possession with intent to use any of the false or
falsified instruments referred to in this section; and
(c) Offender’s act does not fall under the provisions of any of the preceding articles.
Note: Possession of false treasury or bank note alone is not a criminal. Possession must be
with intent to use false treasury or bank notes to be a crime under this Article. Accused must
have knowledge of the forged character of the note.
Note: Read the case of Clemente vs. People, G.R. No. 194367, June 15, 2011.
___________________________________
9. HOW FORGERY IS COMMITTED (ART.169)
Note: Falsification can only be committed on documents, meaning, that the writing must be
capable of creating rights and/or extinguishing obligations. The writing is a component of
establishing facts contained therein. If the writing contained blanks to be filled up, it is not a
document yet, hence, no falsification (only punished under Art. 176, possession of materials
used for falsification.
Note: Ways of Committing Forgery –
(a) giving a treasury or bank note or any instrument payable to bearer or order the
appearance of a true genuine document (counterfeiting or forging); or
(b) erasing, substituting, counterfeiting or altering by any means the figures, letters, words
or signs contained therein [falsification].
Note: Falsification when committed is generally complex with other crimes.
___________________________________
10. FALSIFICATION OF LEGISLATIVE DOCUMENTS (ART. 170) –
Elements:
(b) Offender alters any bill, resolution or ordinance enacted or approved or pending
approval by either Legislative House or provincial board or municipal council;
(c) Offender has no proper authority therefor.
Note: The bill, resolution or ordinance must be genuine. A fabricated or simulated

legislative document is not covered by this article.
Note: The offender need not be a private individual. The article only requires that he has no
authority to make the alterations.
Note: This article only punishes alterations of legislative documents. Hence, other acts of
falsification are punished under Art. 171 or 172. The article punishes the act of falsification
limited to altering without changing the meaning of a legislative document.
___________________________________
11. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTIC

MINISTER (ART. 171)
Note: Two Offenses punished by the Article –
(a) Taking advantage of official position and falsifying a document; and
(a) Ecclesiastical minister takes advantage of his official position and falsifies a record or
document that may affect civil status of persons.
Elements of the First Crime:
(a) Offender is any public officer or employee or notary; and
(b) Offender takes advantage of his official position and falsifies a document.
Elements of the Second Crime:
(a) Offender is an ecclesiastical minister; and
(b) Offender take advantage of his official position and falsifies any record or document that
may affect the civil status of persons.
Note: Ways of Committing Falsification – (key: MIAMI-ACC)
(a) Making untruthful statements in a narration of facts – This requires that the accused
knows that what he imputes is false. The falsity involves a material fact and there is a legal
obligation for him to disclose the truth. The untruthful statements are not contained in an
affidavit or a statement required by law to be sworn to.
(b) Issuing in an authenticated form a document purporting to be a copy of an original
document when no such original exists, or including in such a copy a statement contrary to,
or different from, that of the genuine original – This can be committed only by the official
custodian of documents like in issuing a certified true copy of a birth certificate of a person
when no such certificate exists.
(c) Attributing to persons who have participated in an act or proceeding statements other
than those in fact made by them – This is twisting the statements or putting words into the
mouth of another.
(d) Making any alteration or intercalation in a genuine document which changes its
meaning – The change must affect the integrity of the document, i.e. it makes the document
speak something false. An alteration to make the document speak the truth cannot be
falsification.
(e) Intercalating any instrument or note relative to the issuance thereof in a protocol,
registry, or official book – An example would be inserting a birth certificate in the record of
the Civil Registry to make it appear that the birth was recorded.
(f) Altering true dates – This requires that the date must be material as in the date of birth
or marriage or the date when the search warrant was issued.
(g) Counterfeiting or Imitating any handwriting, signature or rubric – To counterfeit a

handwriting or signature is to create one that is so similar to the genuine as to make it
difficult to distinguish and thus easily fool the public.
(h) Causing it to appear that persons have participated in any act or proceeding when they
did not in fact so participate – This does not require an imitation of the signature or
handwriting. This includes simulating a public document like a warrant of arrest as having
been issued by a judge.
Note: Falsification of a public document does not require that the falsification be made in
an official form. It is sufficient that the document is given the appearance of, or made to
appear similar to, the official form. The simulation of public, official or mercantile document
is also contemplated in falsification of those documents.
Note: Read the case of Regidor vs. People, G.R. No. 166086-92, February 13, 2009.
Note: Read the case of Respicio vs. People G.R. No. 178701, June 6, 2011.
Note: Read the case of Tanengge vs. People, G.R. No. 179448, June 26, 2013.
___________________________________
12. FALSIFICATION BY PRIATE INDIVIDUAL & USE OF FALSIFIED DOCUMENTS (ART.

172)
Note: The crime imputed to the user of falsified document is falsification because of the
legal presumption that the possessor and user of a falsified document is presumed to be
the falsifier of the same.
Note: Three Offenses punished by the Article –
(a) Falsification under Art. 171 by a private individual on any public or official document or
letter of exchange or any commercial document;
(b) Falsification under Art. 171 on any private document; and
(c) Knowingly introducing in evidence in any judicial proceedings or using to the damage of
another or with intent to cause such damage any false document under Art. 171 or 172.
(a) Offender is a private individual;
(b) Offender commits any of the falsifications enumerated in Art. 171; and
(c) Falsification is done on any public or official document or letter of exchange or any other
kind of commercial document.
(b) Offender comits any acts of falsification enumerated in Art. 171; (c) Falsification is done
on a private document; and
(d) Offender causes damage to another or has intent to cause such damage.
(a) Offender is any person; and
(b) Offender knowingly introduces in evidence in any judicial proceeding or uses to the
damage of another or with intent to cause such damage any false document under Art. 171
or 172.
Note: If the user of falsified document is acquitted of the falsification charge, acquittal only
points to him not being the falsifier. In such a case, he can still be prosecuted for the use of
false document since there is no double jeopardy because they are separate and distinct
crimes.
Note: In falsification, determine whether the document is private, public or commercial.

Mere falsification of private document will not bring about criminal liability, unless there is
evidence that damages have been caused or that the offender intended to cause damage.
Absent this, offender’s liability may only be civil or administrative.
Note: Falsification of private document and estafa cannot be complexed as both have the
same element, i.e. intent to cause damage. Hence, there is no crime of estafa through
falsification of private document. The crime is only either one because whatever damage
was caused or whatever intent to cause damage is actually one and the same.
Note: When is it estafa and when is it falsification? The principal crime is Falsification if the
estafa could not be perpetrated without the use of the falsified private document. Estafa is
only the end of the crime. Hence, the charge should be for falsification of a private
document. If the estafa or swindling could be perpetrated even without the falsification, but
the offender used a false private document in order to make the depredation more
convincing, the falsification was only to facilitate the depredation. The principal crime is
estafa.
Note: The crime is estafa through falsification of a public or official document when the
document falsified is a public or commercial document used to perpetrate the crime.
Note: R.A. No. 8239 (Philippine Passport Act) is the applicable law where the falsification
involves travel documents such as visa, passport and other documents submitted in
connection therewith.
___________________________________
13. FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH & TELEPHONE MESSAGES, USE
OF SAID FALSIFIED MESSAGES (ART. 173) –
Note: Two Offenses punished under the Article –
(a) Uttering a fictitious wireless, telegraph or telephone message of any system or falsifies
the same; and
(b) Using such falsified dispatch to a third party’s prejudice or with intent to cause such
prejudice.
(a) Offender is any officer or employee of the Government or any private corporation or
concern engaged in the service of sending or receiving wireless, cable or telephone
message; and
(b) Offender utters a fictitious wireless, telegraph or telephone message of any system or
falsifies the same.
(b) Offender uses such falsified dispatch to a third party’s prejudice or with intent to cause
such prejudice.
Note: To be liable, the government officer or employee must be engaged in the service of
sending or receiving wireless, cable, telegraph or telephone messages, like the telegraph
operator of the Bureau of Posts or the operator of Government telephone.
Note: The offender in the crime of use of falsified messages knew that the wireless, cable or
telegraph message was falsified by any of the persons mentioned in the first paragraph.
___________________________________
14. FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERITS OR SERVICE, ETC.

(ART. 174)
Note: Certificate refers to any writing by which testimony is given that a fact has or has not
taken place.
Note: Three Offenses punished under the Article –
(a) Issuing a false certificate;
(b)Issuing a false certificate of merit of service, good conduct or similar circumstances; and
(c) Falsifying any of the said certificates.

(a) Offender is a physician or surgeon;
(b) Offender, in connection with the practice of his profession issues a false certificate.
(a) Offender is any public officer;
(b) Offender issues a false certificate of merit of service, good conduct or similar
circumstances.
(a) Offender is any private person; and
(b) Offender falsifies any of the certificates mentioned in this article.
Note: In issuing a false medical certificate, the contents thereof are not true in that the
person was never examined or that he actually has no illness or that the illness is not serious
as stated in the certificate or that the period of confinement or rest is not stated therein.
Note: Examples of the crime of issuing a false certificate of merit – a barangay captain
issues a certificate of good moral character to a bully or a head of office issues a certificate
of exemplary conduct to an employee with several disciplinary penalties.
___________________________________
15. USING FALSE CERTIFICATES (ART. 175) –
Elements:
(b) Offender knowingly uses any of the false certificates in Art. 174.
Note: When any of the certificates mentioned in Art. 174 is used in a judicial proceeding,
Art. 172 does not apply, because the use of false document in judicial proceeding under Art.
172 is limited to those false documents embraced in Art. 171 and 172.
___________________________________
16. MANUFACTURING & POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR

FALSIFICATION (ART. 176) –
(a) Making or introducing into the Philippines any stamps, dies, marks, or other instruments
or implements for the commission of the offenses of counterfeiting or falsification; and
(b) Possessing any of said instrument or implements with intent to use the same.

(b) Offender makes or introduces into the Philippines any stamps, dies, marks, or other
instruments or implements intended to be used in the commission of the offenses of
counterfeiting or falsification.
(b) Offender possesses any of said instrument or implements with intent to use the same.
Note: The implements confiscated need not form a complete set for counterfeiting, it being
enough that they may be employed by themselves or together with other implements to
commit the crime of counterfeiting/falsification.
Note: Possession prohibited in this article is possession in general, not only actual/physical
possession but also constructive possession or the subjection of the thing to one’s control.
___________________________________
17. USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS (ART. 177) –
(a) Usurpation of authority; and

(b) Usurpation of official functions.
Elements of Usurpation of Authority:
(b) Offender knowingly and falsely represents himself to be an officer, agent or

representative of any department or agency of the Philippine Government or of any foreign
government.
Note: Representation must be active, i.e. by words or action. Offender need not actually
perform any function pertaining to the office he misrepresented. It is the act of false
misrepresentation that is punished.
Note: In usurpation of authority, the mere act of knowingly and falsely representing oneself
to be an officer is sufficient. It is not necessary that he performs an act pertaining to a public
officer.
Elements of Usurpation of Official Functions:
(b) Offender performs any act pertaining to any person in authority or public officer of the
Philippine Government or any foreign government, or any agency thereof; and
(c) Such performance is under false pretense of official position and without being lawfully
entitled to do so.
Note: Usurpation of official functions requires pretense or false assertion of being a public
official. In the absence thereof, there is no usurpation of functions. The law demands
positive, express and explicit representation on the offender’s part before he can be
convicted of usurpation of authority.
Note: Art. 177 may be violated by a public officer like when a councilor assumes the post of
mayo when it should be the vice mayor who should legally assume the post vacated.
Note: Members of the volunteer fire brigade do not violate this article as they are not
acting under false pretense but in the spirit of civic involvement.
Note: The article also punishes usurpation of authority or official function of any officer of
any foreign government. However, if the functions or authority usurped pertains to a
diplomat, consular or other accredited officer of a foreign government, the offender is also
liable under RA75.
Note: Sec. 1, R.A. 75 punishes by a fine not more than P5,000 or imprisonment of not more
than 5 years or both, any person who shall falsely assume and take upon himself to act as a
diplomatic, consular or any other official of a foreign government duly accredited as such to
the Government of the Philippines with intent to defraud such foreign government or the
Philippine government.
___________________________________
18. USING FICTITIOUS NAME & CONCEALING TRUE NAME (ART. 178)
Note: Two offenses punished by the Article –

(a) Using fictitious name; and
(b) Concealing one’s true name.
Elements of Using Fictitious Name:
(b) Offender publicly uses a fictitious name; and
(c) Offender’s purpose is to conceal a crime, evade a judgment or cause damage.
Note: A fictitious name is any other name which a person publicly applies to himself
without authority of law.
Note: Use of a fictitious name to cause damage must be to public interest. If it is damage to
personal interest, the crime is estafa under Art. 315, subd.2, par. A.
Note: Signing a fictitious name in an application for a passport is publicly using a fictitious
name.
Elements of Concealing True Name:
(b) Offender conceals his true name or other personal circumstances.

Note: C.A. No. 142 as amended by R.A. No. 6085 A6085 (Regulating the Use of Aliases)
provides that –
(a) No person shall use any name different from the one with which he was registered at
birth with the Local Civil Registrar or such substitute name as may have been authorized by
a competent court; and
(b) except, pseudonym solely for literary, cinema, television, radio or other entertainment
purposes and in athletic events where the use of pseudonym is a normally accepted
practice; and
(c) penalty for illegal use of alias is imprisonment from 1 to 5 years and a fine of P5,000 to
P10,000.
___________________________________
19. ILLEGAL USE OF UNIFORMS OR INSIGNIA (ART. 179) –
Elements:
(b) Offender publicly and improper makes use any insignia, uniforms or dress pertaining to
an office not held by him or to a class of persons of which he is not a member.
Note: Examples include unlawful use of ecclesiastical habit of a religious order; school
uniforms; uniform of boy’s scout the regalia of the Knights of Columbus.
Note: If the uniform, insignia, badge, emblem or rank, medal or patch or identification card
pertains to a member of the military what applies is RA493. If it pertains to the uniform,
regalia or decoration of a foreign state, it is punished under RA75.
Note: Wearing the uniform of an imaginary office is not punishable considering that the
second element of the crime requires that the insignia, uniform or dress pertains to an office
or class or persons.
Note: An exact imitation of a uniform or dress is not necessary. A colorable resemblance

calculated to deceive the common run of people is sufficient.
___________________________________
20. FALSE TESTIMONY AGAINST DEFENDANT (ART. 180)
Note: False testimony is committed by a person who, being under oath and required to
testify as to the truth of a certain matter at a hearing before a competent authority, shall
deny the truth or say something contrary to it. Falsehood is ever reprehensible but is
particularly odious when committed in judicial proceedings as it constitutes an imposition
upon the court and seriously exposes it to miscarriage of justice.
Elements:
(b) Offender gives false testimony against the defendant in any criminal case.
Note: The liability for false testimony against accused depends upon the outcome of the
criminal case. A false witness against accused cannot be prosecuted until the criminal case
wherein he testified has been decided with finality (hence, prescription of crime does not
commence to run).
___________________________________
21. FALSE TESTIMONY FAVORABLE TO DEFENDANTS (ART. 181) –
Elements:
(b) Offender gives false testimony in favor of defendant in a criminal case.
Note: A false witness favorable to the accused can be prosecuted right after such testimony
had been given (prescription of the crime immediately begins to run) because the liability of
such a witness does not depend upon the outcome of the case.
___________________________________
22. FALSE TESTIMONY IN CIVIL CASES (ART. 182)
Note: This article applies only to ordinary civil cases, as contemplated under Section 1, Rule
2 of the Rules of Court, and not to special proceedings, such as summary settlement of
estates of small value under Rule 74, which may fall under the category of other cases
contemplated in Art. 183.
Elements:
(b) Offender is found guilty of false testimony in a civil case.
Note: Penalty of offender depends upon the amount in controversy in the civil case where
he gave false testimony.
___________________________________
23. FALSE TESTIMONY IN OTHER CASES & PERJURY IN SOLEMN AFFIRMATION (ART.
183)
Note: Perjury is false testimony in non-judicial proceeding or narration of facts in an

affidavit.
(a) Knowingly making untruthful statements and testifying under oath or making an affidavit
on any material matter before a competent person authorized to administer oath in cases
required by law; and
(b) Committing any of the falsehoods mentioned in Articles 180, 181 or 182 in a solemn
affirmation made in lieu of an oath.
(b) Offender knowingly makes untruthful statements and testifies under oath or makes an
affidavit on any material matter before a competent person authorized to administer oath in
cases in which the law so requires;
(c) Such false statement is not included in Articles 180, 181 or 182.
(b) Offender commits any of the falsehoods mentioned in Articles 180, 181 or 182 in a
solemn affirmation made in lieu of an oath.
Note: An oath is any form of attestation by which a person signifies that he is bound in
conscience to perform an act faithfully and truthfully. It involves the idea of calling on God
to witness what is averred as truth, and it is supposed to be accompanied with an invocation
of His vengeance, or a renunciation of His favor, in the event of falsehood. An affidavit is a
sworn statement in writing, a declaration in writing, made upon oath before an authorized
magistrate or officer.
Note: Falsity must be on a material matter that is it pertains to the subject matter of the
inquiry. If the narration is not under oath, the crime is falsification.
Note: Read the case of Monfort vs. Salvatierra, G.R. No. 168301, March 5, 2007.
___________________________________
24. OFFERING FALSE TESTIMONY IN EVIDENCE (ART. 184) –
Elements:
(b) Offender knowingly offers in evidence a false witness or testimony in any judicial or
official proceeding.
Note: Subornation of Perjury is committed by a person who procures a false witness and
such witness is made to testify and the false witness commits perjury. Such procurer is liable
for subornation of perjury if the false witness is convicted of perjury.
Note: Mere offer of a false witness will already bring about criminal subornation of perjury.
There is no need for the false witness procured to actually perjure or be convicted of perjury
before the procurer will incur criminal liability.
___________________________________
25. MACHINATIONS IN PUBLIC AUCTIONS (ART. 185)
Note: This article relates to a criminal conspiracy, i.e. mere agreement to combine between
merchants that will result in restraint of trade. Also, execution sales should be open to free
and full competition in order to secure the maximum benefit for the debtors.
(a) Soliciting any any gift or promise in consideration for not taking part in a public auction;
(b) Attempting by threats, gifts, promises or other artifice, to cause bidders to stay away
from an auction in order to cause reduction of the price of the thing auctioned.
(b) Offender solicits any gift or promise; and
(c) The solicitation is consideration for refraining from taking part in any public auction.
Note: The crime is consummated by mere solicitation of the gift or promise as

consideration for not bidding. It is not required that the person making the proposal
actually refrains from taking part in the public auction. If the person to whom the solicitation
is made agrees to pay or gives the gift or makes a promise, then he will be a principal in the
crime. His act will be similar to the second way of committing the crime.
(b) Offender, by threats, gifts, promises or other artifice, attempts to cause bidders to stay
away from an auction; and
(c) Offender’s intent is to cause reduction of the price of the thing auctioned.
Note: The crime is constituted by the mere attempt to cause prospective bidders to stay
away from an auction by means of threat, gifts, promises or any artifice with intent that the
thing auctioned should command a lesser price. Threat need not be effective nor the offer
or gift accepted for the crime to arise.
___________________________________
26. MONOPOLIES & COMBINATIONS IN RESTRAINT OF TRADE (ART. 186)
Note: Competition and not combination should be the law of trade. Mere conspiracy or
combination is punished.
Elements:
(b) Offender does any acts mentioned in this article.
Note: Act punished by the Article include –
(a) Entering into any contract or agreement or taking part in any conspiracy or combination
in the form of a trust or otherwise in restraint of trade or commerce or to prevent by
artificial means free market competition;
(b) Monopolizing any merchandise or object of trade or commerce, or combining with any
person/s to monopolize any merchandise or object in to alter the price thereof by spreading
false rumors or making use of any other article to restrain free market competition; and
(c) Combining or agreeing in any manner with any person engaged in the manufacture,
production, assembly processing or importation of any merchandise or object of commerce
or with any other persons not so similarly engaged for the purpose of making transactions
prejudicial to lawful commerce, or of increasing the market price in any part of the
Philippines.
Note: The president of the corporation and each one of its agents or representatives in the
Philippine if a foreign corporation or association who knowingly permitted or failed to
prevent the commission of the crime will be liable as principals.
___________________________________
27. IMPORTATION & DISPOSITION OF FALSELY MARKED ARTICLE OR MERCHANDISE

MADE OF GOLD, SILVER OR OTHER PRECIOUS METALS OR THEIR ALLOYS (ART. 187)
Note: The misbranded articles involved in this article are made of gold, silver, other
precious metals or their alloys.
Elements:
(b) Offender knowingly imports, sells or disposes of any article or merchandise made of
gold, silver, or other precious metals, or their alloys; and
(c) Such article or merchandise has stamps, brands, or marks which fail to indicate the actual
fineness or quality of said metals or alloys.
Note: The manufacturer who alters the quality or fineness of anything pertaining to his art
or business is liable for estafa under Art. 315(2)(b).
___________________________________
28. ALTERING TRADEMARKS (ART. 188) AND UNFAIR COMPETITION (ART. 189)
Note: These articles have been repealed by R.A. No. 8293 (The Intellectual Property Code).
Note: Under R.A. No. 8293, independent of civil and administrative sanctions, criminal
penalty of 2 to 5 years imprisonment and a fine of P50,000 to P200,000 shall be imposed
upon a person guilty of –
(a) Infringement under Section 155;
(b) Unfair Competition under Section 168; and
(c) False designation of origin under Subsection 169.1 and false description or
representation of IPC under Section 170.
Note: Read the case of Diaz vs. People, G.R. No. 180677, February 18, 2013.
__________________________________
F. TITLE V – CRIMES RELATIVE TO OPIUM AND

OTHER PROHIBITED DRUGS
Note: This title has been repealed by R.A. No. 9165 (Comprehensive Dangerous Drugs Act)
which repealed R.A. No. 6425.
Note: R.A. No. 9165 (The Comprehensive Dangerous Drugs Act) punishes the following –
(a) Importation of dangerous drugs (DD) and/or controlled precursors and essential
chemicals (CPEC);
(b) sale, trading, administration, dispensation, delivery, distribution and transportation of DD

and/or CPEC.
(c) maintenance of DD dens, dive or resort (a place where any DD and/or CPEC is
administered, delivered, stored for illegal purposes, distributed, sold or used in any form);
(d) manufacture of DD and/or CPEC
(e) illegal chemical diversion of CPECS;
(f) manufacture or delivery of equipment, instrument, apparatus and other paraphernalia for
DD and/or CPEC;
(g) possession of DD;
(h) possession of equipment, instrument, apparatus and other paraphernalia for DD;
(i) possession of DD during parties, social gatherings or meetings;
(j) possess of equipment, instrument, apparatus and other paraphernalia for DD during
parties, social gatherings or meetings;
(k) use of DD;
(l) cultivation or culture of plants classified as DD or are sources thereof;
(m) failure to maintain and keep original records of transactions on DDS and/or CPEC;
(n) unnecessary prescription of DD; and
(o) unlawful prescription of DD.
Note: Read the case of People vs. Yen E, G.R. No. 181826, January 1, 2013.
Note: Read the case of People vs. Maongco, G.R. No. 196966, November 13, 2013.
Note: Read the case of People vs. Santos, G.R. No. 193190, November 11, 2013.
___________________________________
G. CRIMES AGAINST PUBLIC MORALS (TITLE VII)
Note: The provisions on Betting, Game-Fixing or Point-Shaving and Machination in Sports

Contests under Articles 195 to 199, P.D. No. 483 and P.D. No. 449 (Cockfighting Law) which
are inconsistent with P.D. No. 1602 have been repealed.
Note: Gambling is any game or scheme, whether upon chance or skill, wherein wagers
consisting of money, articles of value or representative of value are at stake or made.
Note: Two Offenses punished under P.D. No. 1602 –
(a) Directly or indirectly taking part in any illegal or unauthorized activies or games of
cockfighting, jueteng, jai-alai, etc.; and
(b) Knowingly permits any form of gambling to be carried on in an inhabited or uninhabited

place or in any building, vessel or other means of transportation.
(b) Offender directly or indirectly takes part in any of the illegal or prohibited activities
enumerated
Note: Illegal forms of gambling include –
(a) any illegal or unauthorized activities or games of cockfighting, jueteng, jai-alai or horse
racing to include bookie operations and game fixing, numbers, bingo and other forms of
lotteries;
(b) cara y cruz, pompiang and the like;
(c) 7-11 and any game using dice;
(d) blackjack, lucky nine, poker and its derivatives, monte, baccarat, cuajo, pangguige and
other games, pakque, high and low, mahjong, domino and other games using plastic tiles
and the like; (e) slot machines, roulette, pinball and other mechanical contraptions and
deives;
(f) dog racing, boat racing, car racing and other forms of races;
(g) basketball, boxing, volleyball, bowling, pingpong and other forms of individual/team
contests to include game-fixing, point shaving and other machinations;
(h) banking or percentage game, or any other game or scheme, whether upon chance or
skill, wherein wagers consisting of money, articles of value or representative of value are at
stake or made.

(b) Offender knowingly permits any form of gambling referred to in the preceding
paragraph to be carried on in an inhabited or uninhabited place or in any building, vessel or
other means of transportation owned or controlled by him is liable.
Note: Under RA9287 (2004), the penalties for illegal numbers games, i.e., any form of illegal
gambling activity which uses numbers or combinations thereof as factors in giving out
jackpots/prizes/returns including games such as jueteng, masiao and last two, is increased.
If the collector, agent, coordinator or capitalist of any illegal numbers game is a government
employee and/or public elected or appointed official, the penalty is increased with
perpetual absolute disqualification. Any local government official (not just barangay) who
has knowledge of existence of operation of an illegal numbers game in his jurisdiction fails
to abate or take action or tolerates the same suffers perpetual absolute disqualification. Law
enforcer who fails to apprehend perpetrators of any illegal numbers game shall suffer
administrative penalty of suspension or dismissal.
Note: Under P.D. No. 449 (Cockfighting Law of 1974), cockfights are only allowed in
licensed cockpits –
(a) During Sundays and legal holidays and during local fiestas for not more than 3 days;
(b) During provincial, city or municipal agriculture, commercial or industrial fair, carnival or
exposition for same period of time upon resolution of the province, city or municipality
where such event (fair, carnival, etc) shall be held with approval of Chief of PNP or his
authorized representative; and
(c) cockfights held for not more than 3 days, extended only once in a year, subject to
approval of Chief of PNP or his authorized representative, for the entertainment of foreign
dignitaries or for tourists, or returning Filipinos (Balikbayan), or for the support of a national
fund-raising campaign for charitable purposes as may be authorized by President, upon
resolution of provincial board, city or municipal council.
Note: Under P.D. No. 449, illegal cockfights include:
(a) Those held on the occasion of fair, carnival, exposition within a month of a local fiesta;
(b) Those held on the occasion of fair, etc. for more than 2 occasions a year in the same city
or municipality;
(c) Dec. 30 – Rizal Day;
(d) June 12 – Independence Day;
(e) Nov. 30 – National Heroes Day;
(f) Holy Thursday, Good Friday;
(g) Election/Referendum Day; and
(h) Registration Days for such elections or referendum.
Note: Under P.D. No. 449, there is no liability for attendance as a spectator in a cockfight.
One must participate in the cockfight as a better to be liable.
___________________________________
2. GRAVE SCANDAL (ART. 200)
Note: Conduct or act highly offensive to decency performed in a public or private

place. Element of publicity is essential. If in a public place, even if no witness or people,
there is liability. If in a private place, witness or persons witnessing the act is important.
Elements:
(b) Offender offends against decency or good customs by any highly scandalous conduct;
(c) Offender’s conduct does not expressly fall within any other article of this Code.
Note: The crime may be committed in a public place when open to public view. It is a crime
of last resort, that is, committed only if the same act is not punishable under any provision
of the Code. Thus, where a girl of 12 had intercourse with her lover and a tricycle driver in
an isolated place when a tanod sees them in the act, the crime committed is statutory rape.
___________________________________
3. IMMORAL DOCTRINES, OBSCENE PUBLICATIONS & OTHER EXHIBITIONS &

INDECENT SHOWS (ART. 201)
Note: This offense is committed only when there is publicity.
Note: Five Offenses punished by the Article –
(a) Publicly expounding or proclaiming doctrines openly contrary to public morals;
(b) Being the author of obscene literature;
(c) Publishing obscene literature;
(d) Selling obscene literature; and
(e) Exhibiting indecent or immoral plays, scenes, acts or shows whether live or in film.
(b) Offender publicly expounds or proclaims doctrines openly contrary to public morals.
(b) Offender authors obscene literature; and
(c) Such literature is published in any form with offender’s knowledge.
Note: Writing obscene literature is not punished, but the author is liable if it is published
with his knowledge. In every case, the editor publishing it is liable.
(a) Offender is an editor;
(b) Offender publishes obscene literature.
(a) Offender is the owner or operator of an establishment;
(b) Such establishment sells obscene literature.

Elements of Fifth Offense:
(a) Offender is the owner operator of a theater, fair, cinematograph or any other place;
(b) Indecent or immoral plays, scenes, acts or shows whether live or in film are exhibited in
such a place.
Note: The indecent shows include those that –
(a) Glorify criminals or condone crimes;
(b) Serve no other purpose but to satisfy the market for violence, lust or pornography;
(c) Offend any race or religion; (d) tend to abet traffic in and use of prohibited drugs; and
(e) Are contrary to law, public order, morals, and good customs, established policies, lawful
orders, decrees and edicts;
(f) Sell, give away or exhibit films, prints, engravings, sculpture or literature offensive to
morals.
___________________________________
4. VAGRANTS & PROSTITUTES (ART. 202)
Note: Vagrancy is no longer a crime under RA#10158. Prostitution is still penalized as

amended by R.A. No. 10364 (The Expanded Anti-Trafficking in Persons Act of 2012).
Note: Prostitutes are women who, for money or profit, habitually engage in sexual
intercourse or lascivious conduct. Prostitution is committed by a woman only. If a man and
woman are found in the act of sexual intercourse, only the woman is liable for prostitution,
the man is a vagrant but vagrancy has been decriminalized.
Note: Under R.A. No. 10158 (An Act Decriminalizing Vagrancy), Art. 202 was amended to
read that –
(a) for the purposes of this article, women, who for money or profit, habitually indulge in
sexual intercourse or lascivious conduct, are deemed prostitutes;
(b) all pending cases under Art. 202 on vagrancy prior to amendment shall be dismissed
upon effectivity of this Act;
(c) all persons serving sentence for violation of the provisions of Art. 202 on vagrancy shall
be immediately released upon effectivity of this act unless serving sentence or detained for
any other violation.
Note: P.D. No. 1563 (Mendicancy Law of 1978) provides that – one who has no visible
means of support or lawful employment and who is physically able to work but neglects to
apply himself to some lawful calling and instead uses begging as a means of living is a
mendicant. Any person who abets mendicancy by giving alms directly to mendicants,
exploited infants and minors on public roads, sidewalks, parks and bridges is liable. (Just
donate to organized agencies).
Note: R.A. No. 9344 practically amended the Mendicancy Law of 1978 providing that,
“persons below 18 years of age shall be exempt from prosecution from the crime xxx of
mendicancy under PD1563 such prsecution being inconsistent with the United Nations
Convention on the Rights of the Child: provided, that said persons shall undergo
appropriate counseling and treatment program (Section 58).
___________________________________
H. CRIMES COMMITTED BY PUBLIC OFFICERS (TITLE VII)
Note: The title is misleading because even private citizens can commit these crimes for as
long as the principal is a public officer. Under Art. 222 and 225, a private citizen even
without the participation of a public officer can commit these crimes. The title involves
crimes of Malfeasance (performance of an act which ought not to be done), Misfeasance
(improper performance of some act which might lawfully be done) and Nonfeasance
(omission of some act which ought to be performed).
1. WHO ARE PUBLIC OFFICERS? (ART. 203) – any person who, by direct provision of the
law, popular election or appointment by competent authority, shall take part in the
performance of public functions in the Government of the Philippine Islands, of shall
perform in said Government or in any of its branches public duties as an employee, agent or
subordinate official, of any rank or class.
Note: Public officer refer to public servants of all classes and levels (elected or appointed).
___________________________________
2. KNOWINGLY RENDERING UNJUST JUDGMENT (ART. 204)
Elements:
(a) Offender is a judge; and
(b) Offender knowingly renders an unjust judgment in any case submitted to him for
decision.
Note: Judgment is the final consideration and determination of a court of competent
jurisdiction upon the matters submitted to it, in an action or proceeding. An unjust
judgment is one which is contrary to law, or is not support by the evidence, or both. It is
knowingly rendering an unjust judgment when it is made deliberately and maliciously.
Note: The liability arises when a judge renders judgment in bad faith (that is spite, ill-will,
revenge or bribery). Unless evidence is adduced showing bad faith, the judgment adverse to
a party will simply be considered an error in judgment – bad faith is the ground for liability.
___________________________________
3. JUDGMENT RENDERED THROUGH NEGLIGENCE (ART. 205)
Elements:
(a) Offender is a judge;
(b) Offender renders a manifestly unjust judgment in a case submitted to him for decision;
and
(c) Judgment is rendered by reason of excusable negligence or ignorance.
Note: A manifestly unjust judgment is one so manifestly contrary to law that even a person
having a meager knowledge of the law cannot doubt the injustice.
___________________________________
4. UNJUST INTERLOCUTORY ORDER (ART. 206)
Elements:
(a) Offender is a judge;
(b) Offender knowingly renders an unjust interlocutory order or decree.
Note: Interlocutory order is one which is issued by the court between the commencement
and the end of a suit or action and which decides some point or matter, but which, however,
is not a final decision of the matter in issue. If an order leaves something to be done in the
trial court with respect to the merits of the case, it is merely interlocutory like an order
granting provisional remedies such as a preliminary attachment.
Note: If the judge acted by reason of inexcusable negligence or ignorance, the penalty is
suspension.
___________________________________
5. MALICIOUS DELAY IN ADMINISTRATION OF JUSTICE (ART. 207)
Elements:
(a) Offender is a judge; and

(b) Offender is guilty of malicious delay in the administration of justice.
Note: Mere delay without malice in holding trials or rendering judgments does not
necessarily bring the judge within the operation of this article.
___________________________________
6. PROSECUTION OF OFFENSE, NEGLIGENCE & TOLERANCE (ART. 208)
Elements:
(a) Offender is a public officer or officer of the law;
(b) Offender malicious refrains from instituting prosecution for the punishment of law
violators or tolerates the commission of crimes; and
(c) His action is in dereliction of the duties of his office.
Note: The public officer commits this crime by his act of refraining in prosecuting the
accused deliberately.
Note: If public officer refrains from prosecuting because of any money consideration, gift to
him, the crime is DIRECT BRIBERY or QUALIFIED BRIBERY. It is Qualified Bribery if the crime
for which person is not prosecuted is punishable by reclusion perpetua to death. It is direct
bribery if the crime of the person not prosecuted is punishable by a penalty lower than
reclusion perpetua and there will be a separate information for dereliction of duty.
___________________________________
7. BETRAYAL OF TRUST BY ATTORNEY 0R SOLICITOR (ART. 209) –
(a) Prejudicing the client or revealing the latter’s secrets; and
(b) Undertaking opposing party’s defense without first client’s consent.
(a) Offender is an attorney-at-law or any person duly authorized to represent and/or assist a
party to a case; and
(b) By malicious breach of professional duty or inexcusable negligence or ignorance,

offender prejudices his clients or reveals any of the latter’s secrets learned by him in his
professional capacity.
(a) Offender is an attorney-at-law;
(b) Offender has undertaken a client’s defense or has received confidential information from
said client in a case; and
(c) Offender undertakes opposing party’s defense in the same case without his first client’s
consent.
Note: Liability under this article is without prejudice to the proper administrative sanctions.
___________________________________
8. DIRECT BRIBERY (ART. 210)
Note: Bribery is a crime by or against a public official only. The giver is liable for the crime
of corruption of a public official. Hence, for bribery of the public official, there must be
corresponding charge of corruption of public officials on the part of the private person.
Elements:
(b) Offender agrees to perform an act constituting a crime in connection with performance
of his official duties or perform an act which does not constitute a crime and he executed
said act or refrain from doing something which is his official duty to do; and
(c) offender’s action is in consideration of any offer, promise, gift or present received by him
personally or through another’s mediation.
Note: The penalty is higher if the offender actually committed the act (constituting a crime)
he agreed to commit. However, penalty is lower if the act (not constituting a crime) shall not
have been accomplished.
Note: The article applies to assessors, arbitrators, appraisal and claim commissioners,
experts or any other persons performing public duties.
Note: Bribery may be DIRECT (when the public officer who is to receive money, gift, present,
offer HAS TO DO AN ACT OR REFRAIN FROM DOING AN OFFICIAL ACT as a reciprocal duty
with respect to the gift given) or INDIRECT (the public officer merely accepts a gift or
present without any act to be done or refrain from doing an act as a reciprocal
consideration to the gift given to him.
Note: Where a gift was given to Pedro for reason of his office and Pedro, a public officer
accepted. Impressed by the gift, Pedro directed his subordinate to attend to the
giver/prioritize the giver whenever the latter would come to his office. This is direct bribery
as there is mutual consideration.
Note: Even if money is delivered but the public official continues to perform his official act
and there is no conformity, the crime is only attempted bribery.
Note: The act of soliciting money for the performance of official duty by itself is not bribery.
It is only bribery when there is conformity by the giver. Soliciting is not bribery. It is the
giving which constitutes bribery.
Note: P.D. No. 749 in relation to direct bribery offers immunity to bribe-givers who
voluntarily disclose information regarding corrupt transactions with public officers provided
that, the bribe-giver must give a voluntary disclosure and he is willing to testify in the
proceedings against the public officer.
Note: The immunity granted under P.D. No. 749 is only with respect to the transaction with
the public official to which informant discloses or testifies against. PD749 provides that
immunity does not extend to perjury/false testimony that bribe-giver may have made.
However, during the pendency of proceedings against public official, the latter may not
charge bribe-giver with false testimony/perjury till the former proceedings have been
terminated.
___________________________________
9. INDIRECT BRIBERY (ART. 211)
Elements:
(b) Offender accepts gifts offered to him by reason of his office.
Note: There is no consideration on the public officer’s part. The give is given by reason of
offender’s public office.
Note: Indirect bribery is always consummated and there is no attempted or frustrated stage
of execution because it is committed by accepting gifts offered to the public officer by
reason of his office. If the public officer does not accept the gift, he does not commit the
crime.
Note: In relation to Indirect Bribery, P.D. No. 46 punishes gift-giving by itself and makes
both the giver and the public officer liable.
___________________________________
10. QUALIFIED BRIBERY (ART. 211-A) –

Elements:
(a) Offender is any public officer entrusted with law enforcement;
(b) Offender refrains from arresting or prosecuting an offender who has committed a crime
punishable by reclusion perpetua and/or death; and
(c) Offender’s refusal is in consideration of any offer, promise, gift or present.
Note: In view of the fact that it is hard to prove bribery, for the briber himself is punished by
law and he is usually the only one who could give direct evidence, ways and means are
resorted to, to catch the public officer while he is in the act of obtaining the bribe, this is
entrapment.
___________________________________
11. CORRUPTION OF PUBLIC OFFICIALS (ART. 212)
Elements:
(b) Offender makes the offer or promise or gives the gift or present described in Articles
210, 211 or 211-A.
Note: The offender here is the giver of gifts or offeror of promise. The public officer sought
to be bribed is not criminally liable unless he accepts the gift or consents to the offender’s
offer.
Note: In this article, the person who made the offer or promise or gave the gift is liable
even if such gift was demanded by the public officer and the offer was not made voluntarily
prior to the said demand by the public officer.
___________________________________
12. FRAUDS AGAINST PUBLIC TREASURY & SIMILAR OFFENSES (ART. 213)
Note: This article has nothing to do with misappropriation of the amount collected. If there
is misappropriation, another crime arises such as estafa or malversation. The article punishes
irregular collection, even if all of it is turned over to the government’s coffers.
Note: Two Offense punished by the Article –
(a) Entering into an agreement with any interested party or speculator or make use of any
other scheme to defraud the Government; and
(b) Directly or indirectly demanding payment of sums different from or larger than those
authorized by law or voluntarily fails to issue a receipt or directly or indirectly collects or
receives things or objects of a nature different from that provided by law for payment.

(b) Offender acts in his official capacity in dealing with any person with regard to furnishing
supplies, the making of contracts, or the adjustment or settlement of accounts relating to
public property or funds; and
(c) Offender enters into an agreement with any interested party or speculator or makes use
of any other scheme, to defraud the Government.
(b) Offender is entrusted with collection of taxes, licenses and other imposts; and
(c) offender directly or indirectly demands payment of sums different from or larger than
those authorized by law or voluntarily fails to issue a receipt, as provided by law, for any
sum collected by him officially or directly or indirectly collects or receives by way of
payment or otherwise things or objects of a nature different from that provided by law.
Note: Only public officers whose official duty is to collect taxes, impost, charges and
licenses for the government can be liable for Illegal Exactions.
Note: Mere demand so long as persistent of sum larger than those authorized by law is
consummated illegal exaction.
___________________________________
13. OTHER FRAUDS (ART. 214) –
Elements:
(b) Offender takes advantage of his official position; and
(c) Offender commits any of the frauds or deceit enumerated in Art. 315 to 318.
Note: The offender suffers the additional penalty of temporary special disqualification in its
maximum period to perpetual special disqualification. Jurisdiction over this article is with
RTC because of the penalty of disqualification.
___________________________________
14. PROHIBITED TRANSACTIONS (ART. 215)
Elements:
(a) Offender is any appointive public officer;
(ii) Offender, during his incumbency, directly or indirectly becomes interested in any
transaction of exchange or speculation within the territory subject to his jurisdiction.
Note: It is sufficient under this article that the appointive officer has an interest in any
transaction of exchange or speculation like buying and selling stocks, commodities, real
estate in the hope of taking advantage of an expected rise or fall in the price.
Note: Purchase of stocks or shares in a company by an appointive public officer is perfectly

legal because to do so does not mean taking part in a business for gain or profit, but simply
an investment at a legal interest. However, he may not buy regularly securities for the
purpose of profiting by resale thereof.
___________________________________
15. POSSESSION OF PROHIBITED INTEREST BY PUBLIC OFFICER (ART. 216)
Elements:
(b) Offender directly or indirectly becomes interested in any contract or business; and
(c) It is offender’s official duty to intervene in said contract or business.”
Note: The article applies to experts, arbitrators and private accountants who, in like manner,
take part in any contract/transaction connected with the estate or property in appraisal,
distribution or adjudication of which they have acted, and to guardian and executors with
respect to the property belonging to their wards/estate.
Note: A municipal mayor who takes direct part in the lease of municipal fishponds to
himself is liable, it being his official duty to intervene in behalf of the municipality in the
contract of lease of the fishpond.
Note: Actual fraud is not necessary, the act is punished because of the possibility that fraud
may be committed or that the officer may place his own interest above that of the
government or party which he represents.
___________________________________
16. MALVERSATION OF PUBLIC FUNDS (ART. 217)
Note: Malversation is often misunderstood as incurred only by accountable public officer. It

is actually incurred by any public officer as long as under duty of his office, he has received
funds or property which he is bound to account to the Government. Hence, a traffic
policeman can commit malversation because even he has property accountable to the
Government like his service firearm.
Elements:
(a) Offender is any public officer who, by reason of the duties of his office, is accountable for
public funds or property; and
(b) Offender appropriates the funds or properties or takes or misappropriates or consents

through abandonment or negligence or permits any other person to take such funds, wholly
or partially.”
Note: Persons guilty of malversation shall also suffer penalty of perpetual special
disqualification and fine equal to amount of malversed or the total value of property
embezzled.
Note: Presumption of Malversation - A public officer’s failure to have duly forthcoming any
public funds or property with which he is chargeable, upon demand by any duly authorized
officer, is PRIMA FACIE EVIDENCE that he has put such missing funds/property to personal
use. Demand made on public officer for the property or fund for which he is accountable
and he cannot produce the same forthcoming. Presumption stands only when there is no
doubt that fund should exist or should be there. The only way to convict (for malversation)
due to shortage of paper is through direct misappropriation and not through presumption.
Note: A private person conspiring with an accountable public officer in committing

malversation is also guilty of malversation. However, under Art. 222 private individuals are
liable for malversation.
Note: Read the case of Zoleta vs. Sandiganbayan, G.R. No. 185224, July 29, 2015.
Note: Read the case of Lt. Alejo vs. People, G.R. No. 173360, March 28, 2008.
___________________________________
17. FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS (ART. 218)
Note: This article is intended to arrest the possibility of malversation. No demand from COA
for the public officer to render an account is required. It is sufficient that there be a law or
regulation requiring him to render an account. Misappropriation is not essential, otherwise,
offender will be guilty of malversation.
Elements:
(a) Offender is any public officer whether in the service or separated therefrom by
resignation or any other cause;
(b) Offender is required by law or regulation to render account to the Commission on Audit
or to a provincial auditor; and
(c) Offender fails to do so for a period of two months after such accounts should be
rendered.
Note: Read the case of Manlangit vs. Sandiganbayan, G.R. No. 158014, August 28, 2007.
Note: Read the case of Campomanes vs. People, G.R. No. 161950, December 19, 2006.
___________________________________
18. FAILURE OF RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE

LEAVING THE COUNTRY (ART. 219)
Elements:
(b) Offender unlawfully leaves or attempts to leave the Philippines; and
(c) Offender leaves without securing a certificate from the Commission on Audit showing
that his accounts have been finally settled.
Note: The act of leaving the country must be unauthorized or not permitted by law.
___________________________________
19. ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (ART. 220)

Note: This is technical malversation where a public officer is held to account for public
funds or property which he misapplied to another public purpose.
Elements:
(a) Offender is any public officer; and
(b) Offender applies any public fund or property under his administration to any public use
other than for which such fund or property were appropriated by law or ordinance.
Note: There is no technical malversation if there is no law or ordinance appropriating public

funds or property for a particular purpose.
Note: Where the public school principal does not release salaries of the teachers but uses
the money to purchase certain supplies, technical malversation has been committed.
Note: Read the case of Ysidoro vs. People, G.R. No. 192330, November 14, 2012.
__________________________________
20. FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY (ART. 221)
Note: This article applies to any public officer who, being ordered by competent authority
to deliver any property in his custody or under his administration, shall refuse to make such
delivery.
Elements:
(b) Offender is under obligation to make payment from Government funds in his
possession;
(c) Offender fails to make such payment.
___________________________________
21. OFFICERS INCLUDED IN PRECEDING PARAGRAPHS (ART. 222) –
Note: Private individuals commit malversation when they conspire with a public officer in
such a crime or become accomplices or accessories thereto. Also, a private individual
commits malversation when: (a) he is made custodian of such property whether national or
local or in whatever capacity has been charged; (b) he is made depositary or administrator
of funds or property deposited by public authority or which has been subject of seizure or
attachment even though the same belongs to private individuals.
___________________________________
22. CONNIVING WITH OR CONSENTING TO EVASION (ART. 223)
Elements:

(b) Offender consent to the escape of a prisoner in his custody or charge.
Note: This article punishes any public officer who shall consent to the escape of a prisoner
in his custody/charge which prisoner is either convicted by final judgment to any penalty or
a detention prisoner for any crime or violation of law or municipal ordinance. Penalty upon
the public officer depends upon what kind of prisoner is involved.
Note: Connivance with the prisoner (agreement between prisoner and the public officer) in
his escape is an indispensable element of the offense.
Note: Policeman who allowed a prisoner under his guard to buy cigarettes. Policeman is not
liable under this article because he was not in connivance with the prisoner’s plan to escape.
There is only negligence here. Leniency or laxity is not infidelity.
___________________________________
23. EVASION THROUGH NEGLIGENCE (ART. 224) –
Elements:
(b) Offender is charged with the conveyance or custody of a prisoner;
(c) Offender was negligent in such conveyance or custody; and
(d) Evasion of prisoner took place.

Note: Where a woman prisoner is escorted by a policeman to court. The prisoner went to
the ladies room and escaped. The policeman is liable under this article. Escort of a prisoner
outside place of confinement should never allow the prisoner out of sight.
Note: If the prisoner escapes through the public officer’s negligence, the latter suffers the
same penalty whether the prisoner is a convict or merely a detainee. The liability of the
fugitive who escaped depends whether he is a convict (in which case he is liable for evasion
of service of sentence) or a detainee (in which case he is not liable).
Note: The fact that the public officer recaptured the prisoner who had escaped from his
custody does not afford complete exculpation.
Note: Read the case of Bondoc vs. Sandiganbayan, G.R. No. L-58652, May 20, 1988.
___________________________________
24. ESCAPE OF PRISONER UNDER CUSTODY OF A PERSON NOT A PUBLIC OFFICER

(ART. 225)
Elements:
(a) Offender is any private person;
(b) Offender has been confided with the conveyance or custody of a prisoner or person
under arrest; and
(c) offender commits any of the offenses in Art. 223 and 224.
Note: Offender is a private person and he is not the one who arrested the person who
subsequently escaped.
___________________________________
25. REMOVAL, CONCEALMENT OR DESTRUCTION OF DOCUMENTS (ART. 226)
Elements:
(b) Offender removes, destroys or conceals documents or papers officially entrusted to him.
Note: “Marked money” (in bribery, buybust) presented in court later adjourned. The clerk of
court needed money so he took one of the denominations of the marked money. He latter
replaced said money with the same denomination (note: serial number of marked money
are listed by the police). Sc ruled, the crime is not theft but infidelity in the custody of
documents. Marked money is not medium of exchange in this case but is a
document/evidence.
Note: Acts of infidelity include –
(a) Destroying, concealing, waylaying or removing of such document (implies damage

thereto, damage is essential because there are some documents required by law to be
destroyed, eg., bar exam notebooks); and
(b) Opening of closed/sealed documents (breaking of seal does not refer to physical
breaking but the disregarding of the seal, damage is not necessary, breach of trust is
determinative).
Note: Irremovability of Public Records – even if public records are needed in court where a
certified true copy may be admitted such original records shall not be removed from its
custody.
Note: Mere delay in locating public record is already damage. Pecuniary damage is not
important.
___________________________________
26. OFFICER BREAKING SEAL (ART. 227)
Elements:
(a) Offender is any public officer charged with the custody of papers or property by proper
authority; and
(b) Offender breaks the seal or permits them to be broken.
Note: It is the breaking of seals and not the opening of a closed envelope which is punished
in this article. The opening of public papers by breaking seals should be done only by the
proper authority. Hence, the public officer liable under this article must be the one who
breaks the seal without authority therefor.
Note: Where documents are sealed by competent authority, it is evident that the purpose is
to insure its preservation. It is sufficient that the seal is broken even if the contents are not
tampered with. Damage or intent to cause the same is not necessary.
___________________________________
27. OPENING OF CLOSED DOCUMENTS (ART. 228)
Elements:
(a) Offender is any public officer not included in Art. 227;
(b) Offender has closed papers, documents or objects entrusted to his custody; and
(c) Offender, without proper authority, opens or permits to be opened any such closed
items.
Note: The document must have been entrusted to his custody. If in order to open closed
papers, one had to break first a seal, the crime falls under Art. 227.
Note: Damage or intent to cause damage is not necessary in this article.
___________________________________
28. REVELATION OF SECRETS BY AN OFFICER (ART. 229)
Elements:
(b) By reason of his official capacity, offender knows a secret or has papers or copies of
papers over which he may have charge; and
(c) Offender reveals such secret or wrongfully delivers such papers when they should not be
published.
Note: Secret must affect public interest, otherwise, no crime at all. Revelation of State
secrets to a belligerent nation is espionage. (CA616).
___________________________________
29. PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUALS (ART. 230)
Elements:
(a) Offender is any public officer to whom secrets of any private individual shall become
known by reason of his office; and
(b) Offender reveals such secrets.
Note: This article does not cover attorney revealing client’s secrets because such is a crime
under Art. 209. Damage to private individual is not necessary. The essence of the crime is
breach of faith and trust in public service.
___________________________________
30. OPEN DISOBEDIANCE (ART. 231)
Elements:
(a) Offender is any judicial or executive officer; and
(b) Offender openly refuses to execute the judgment, decision or order of any superior
authority made within the latter’s scope of the jurisdiction and issued with all the legal
formalities.
Note: The offender is a judicial or executive officer. The crime is committed by such officer
who shall openly refuse to execute the judgment, decision or order of any superior
authority.
Note: Read the case of Law Firm of Chavez vs. Atty. Fria, G.R. No. 183014, September 7,
2013.
___________________________________
31. DISOBEDIENCE TO ORDER OF SUPERIOR OFFICERS WHEN SAID ORDER WAS

SUSPENDED BY AN INFERIOR OFFICER (ART. 232)
Elements:
(b) Offender had, for any reason, suspended execution of his superior’s orders;
(c) Superior had disapproved offender’s suspension of the execution of the order; and
(d) Offender disobeys his superior.
Note: The law takes into account that a superior officer may sometimes err, and that orders
issued by him may proceed from mistaken judgment. Thus, the subordinate is entitled to
suspend in such cases the order issued, to submit his reason to his superior in order that the
latter may give them proper weight, if they are entitled to any. So far no crime is yet
committed. But if later the superior disapproves the suspension of his order and reiterates it
to his subordinate, the latter must obey it at once and refusal to do so constitutes
contempt, for by his resistance and refusal to do so, he undertakes to dictate to his superior.
___________________________________
32. REFUSAL OF ASSISTANCE (ART. 233) –
Elements:
(b) Offender fails to lend his cooperation towards the administration of justice or other
public service; and
(c) Demand has been made from competent authority for such cooperation.
Note: Penalty depends upon whether damage to public interest or to a third party is serious
or not. There must be damage to public interest or to a third party, great or small.
___________________________________
33. REFUSAL TO DISCHARGE ELECTIVE OFFICE (ART. 234)
Elements:
(b) Offender has been elected by popular election to public office; (c) Offender refuses
without legal motive to be sworn in or to discharge the duties of said office.
Note: Once elected, it is the official’s duty to perform his functions.
___________________________________
34. MALTREATMENT OF PRISONERS (ART. 235)
Elements:
(b) Offender overdoes himself in correcting or handling a convict or detention prisoner

under his charge by imposing punishment not authorized by the regulations or inciting such
punishment in a cruel and humiliating manner.
Note: This crime does not necessarily mean subjecting the prisoner to corporal punishment.
Subjecting a prisoner to any act not authorized by law, rule or handbook for handling of
prisoners is Maltreatment, such as, hanging of placard around prisoner’s neck. Anything to
embarrass, humiliate or subject the prisoner to physical, psychological suffering not
authorized by law. If there is physical injuries sustained, a separate charge for physical
injuries.
Note: Prisoner must be a legal prisoner, that is, he must have already been booked in the
Booking and Arrest sheet. It is not the fact of detention but the accomplishment of the
booking sheet and arrest report that makes him a legal prisoner. Prisoner may be convict or
detainee.
___________________________________
35. ANTICIPATION OF DUTIES OF A PUBLIC OFFICE (ART. 236)
Elements:
(b) Offender assumes the performance of the duties and powers of any public officer or
employment; and
(c) Such assumption is without first being sworn in or having given the bond required by
law.
Note: Public office is a public trust. Violation of this article is punished with suspension from
office/employment until compliance with the formalities and a fine.
___________________________________
36. PROLONGING PERFORMANCE OF DUTIES & POWERS (ART. 237)
Elements:
(b) Offender continues to exercise duties and powers of his office, employment or
commission beyond the period provided by law, regulation or special provisions.
Note: A public officer who has been suspended, separated, declared over-aged, or
dismissed cannot continue to perform the duties of his office.
___________________________________
37. ABANDONMENT OF OFFICE OR POSITION (ART. 238)
Elements:
(b) Offender abandons his office to the detriment of public service; and
(c) Such abandonment is before acceptance of offender’s resignation.

Note: In this article, the public officer abandons his office, in Art. 208, the public officer does
not abandon his office but fails to prosecute an offense by dereliction of duty or by
malicious tolerance of the commission of the offense.
___________________________________
38. USURPATION OF LEGISLATIVE POWERS (ART. 239)
Elements:
(b) Offender encroaches upon the powers of the legislative branch of the Government; and
(c) Encroachments is done by making general rules or regulations beyond the scope of his
authority, or by attempting to repeal a law or suspending the execution thereof.
Note: The offender is an executive or judicial authority. The purpose of the article is to
maintain separation of powers.
___________________________________
39. USURPATION OF EXECUTIVE FUNCTIONS (ART. 240)
Elements:
(a) Offender is any judge; and
(b) Offender assumes any power pertaining to executive authorities or obstructs the latter in
the lawful exercise of their powers.
Note: The offender in this article is a judge. A councilor who assumes the powers of the
mayor is not included because his liability would be for usurpation of authority or official
function (Art. 177).
___________________________________
40. USURPATION OF JUDICIAL FUNCTIONS (ART. 241)
Elements:
(a) Offender is any officer of the executive branch of the Government; and
(b) Offender assumes judicial powers or obstructs execution of any order or decision
rendered by any judge within its jurisdiction.
Note: The offender is an officer of the executive branch of government, like if a mayor
issues a writ evicting the occupants of a land.
___________________________________
41. DISOBEYING REQUEST FOR DISQUALIFICATION (ART. 242) –
Elements:
(b) Offender has been lawfully required to refrain from continuing a proceeding; and
(c) Offender continues such proceeding before the question of jurisdiction has been
decided.
Note: Administrative hearings ordered by court to be suspended (writ of prohibition, cease

and desist order).
___________________________________
42. ORDERS OR REQUESTS BY EXECUTIVE OFFICERS TO ANY JUDICIAL AUTHORITY

(ART. 243)
Elements:
(a) Offender is an executive order;
(b) Offender addresses any order or suggestion to any judicial authority; and
(c) Such order or suggestion is with respect to any case or business coming within the
exclusive jurisdiction of the courts of justice.
Note: Offender is an executive officer. Non-interference with judicial power is in order to
maintain judiciary’s independence.
___________________________________
43. UNLAWFUL APPOINTMENTS (ART. 244)
Elements:
(b) Offender knowingly nominates or appoints any person lacking the legal qualifications to
any public office.
Note: Recommending but not knowing that the recommendee has no qualifications is not a
crime.
___________________________________
44. ABUSES AGAINST CHASTITY (ART. 245)
Note: The essence of this crime is the making of indecent, immoral solicitation upon a
woman. It is taking undue advantage of official position or authority. It is not necessary for a
woman to suffer abuse against her chastity. The mere making of immoral, indecent
advances gives rise to the crime provided that solicitation is persistent. It implies that if the
woman would not give in, such would result to something adverse to her interest in the
proceedings.
Note: Two Offenses punished by this Article –
(a) Soliciting or making immoral or indecent advance to a woman who is interested in

matter pending before the offender for decision; and
(b) Soliciting or making immoral or indecent advances to a woman under offender’s custody
or the wife, daughter, sister of relative within the same degree by affinity of such person in
his custody.
(b) Offender solicits or makes immoral or indecent advances to a woman; and
(c) The woman is interested in matters pending before the offender for decision or which
the latter is required to submit a report to or consult with a superior officer.
(a) Offender is any warden or other public officer;
(b) Offender is directly charged with the care and custody of prisoners or persons under
arrest; and
(c) Offender solicits or makes immoral or indecent advances to a woman under his custody
or the wife, daughter, sister or relative within the same degree by affinity of such person
under his custody.
Note: Mere proposal consummates the crime. It is sufficient that there was soliciting or
making immoral advances upon the woman. It is not necessary that the woman solicited
should have yielded to the offender’s solicitation.
Note: The crime is not committed where the jail warden is a female and the prisoner is a
male because the article requires that the offended party must be a woman. Under criminal
law, males have no chastity. If the jail warden is a lesbian and the prisoner is a woman, the
crime of abuse of chastity is committed.
Note: A prisoner is regarded as chattel of the government. Even if the jail warden did not
make any solicitation or advances but a result of mutual feelings, the crime of abuse against
chastity is committed. Further, the fact that the woman prisoner became pregnant is
conclusive that the crime of abuse against chastity has been committed.
Note: If the warden made the solicitation upon the prisoner’s mother, the crime is not
committed. However, the warden may be liable under R.A. No. 3019 or R.A. No. 6713.
I. CRIMES AGAINST PERSONS (TITLE VII)
Note: The essence of these crimes, except for rape, is destruction of human life and/or limb.
Rape is now a crime against person from one formerly against chastity to physical violence.
1. PARRICIDE (ARTICLE 246)
Elements:
(a) Offender kills another; and

(b) The deceased is offender’s father, mother, legitimate or illegitimate child, other
legitimate ascendant or descendant or legitimate spouse.
Note: Relationship is qualifying and must be alleged in the information and proven in trial.
Note: The crime is Infanticide when the victim is offender’s own child or other legitimate
descendant who is less than 3 days old. In such cases, the victim’s age governs over
relationship between the offender and the offended party.
Note: Parricide is a crime of relationship by blood unless it is the killing by a spouse of the
other spouse. Blood relationship is only limited to direct line. Relationship between killer
and victim must be legitimate except when it is between parent and child. When the relation
between parent and child is illegitimate, there can be no more parricide committed by the
child against all other ascendants beyond the parent, or committed by the parents against
descendants under than the illegitimate child.
Note: Killing one’s illegitimate spouse is homicide or murder but killing one’s illegitimate
child is parricide unless the victim is less than 3 days old. A stranger who cooperates and
takes part in the commission of parricide is not guilty of parricide but only homicide or
murder.
Note: Read the case of People vs. Sales, G.R. No. 177218, October 3, 2011.
Note: Read the case of People vs. Ayuman, G.R. No. 133436, April 14, 2004.
Note: Read the case of People vs. Macal, G.R. No. 211062, January 13, 2016.
Note: Read the case of People vs. Gaspar, G.R. No. 180496, April 2, 2014.
___________________________________
2. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES (ART. 247)
Elements:
(a) Offender is any legally married person;
(b) Offender surprises his spouse or daughter in the act of committing sexual intercourse
with another person;
(c) Offender kills or inflicts serious physical injury upon any of them or both in the act or
immediately thereafter.”
Note: This article contains the defense of honor. The article applies to parents with respect
to their daughters under eighteen years of age, and their seducer, while the daughters are
living with their parents. The article considers the offender as acting in a justified burst of
passion.
Note: If offender inflicts upon them physical injuries of any other kind, he shall be exempt
from punishment.
Note: The daughter may be legitimate or not but must be living with the parents.
Note: Any person who shall promote or facilitate the prostitution of his wife or daughter, or
shall otherwise have consented to the infidelity of the other spouse shall not be entitled to
the benefits of this article.
Note: For the husband to be justified, it is not necessary that he sees the carnal act being
committed by his wife with his own eyes. It is enough that he surprises them under such
circumstances as to show reasonably that the carnal act is being committed or has just been
committed.
Note: Read the case of People vs. Abarca 153 SCRA 735.
Note: Read the case of People vs. Talisic, G.R. No. 97961, September 5, 1997.
___________________________________
3. MURDER (ART. 248)
Elements:
(a) Offender kills another;
(b) The killing is not parricide or infanticide; and
(c) The killing was attended by any of the qualifying circumstances mentioned in the article.
Note: Murder is the unlawful killing of any person which is not parricide or infanticide,
attended by any of these circumstances –
(a) with treachery, taking advantage of superior strength, with the aid of armed me, or
employing means to weaken the defense, or of means of persons to insure or afford
impunity;
(b) in consideration of a price, reward or promise;
(c) by means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,

derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with
the use of any other means involving great waste and ruin;
(d) on occasion of any of the calamities enumerated in the preceding paragraph or of an

earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public
calamity;
(e) with evident premeditation;
(f) with cruelty, by deliberately and inhumanly augmenting the suffering of the victim or
outraging or scoffing at his person or corpse;
Note: Treachery absorbs abuse of superior strength. Killing a child of tender years is
murder.
Note: Use of fire to constitute murder, there must be intent to kill. If used, as a jest (absence
of intent to kill), crime is only homicide.
Note: If accused had companions who were armed when he committed the crime, the
circumstance of “with aid of armed men” is considered present. The armed men must take
part in the commission of the crime directly or indirectly and the accused must avail himself
of their aid or rely upon them when the crime is committed.
Note: A person who suddenly throws a cloak over the head of his opponent and while in
this situation he kills him or one who suddenly casts sand or dirt upon the eyes of the victim
and then kills him, evidently employs means which weaken the defense.
Note: Treachery and premeditation are inherent in murder by poison. But the use of poison
becomes inherent in murder only when the offender has the intent to kill the victim and
uses poison as a means to kill. Thus, if man drugs a woman only to have sex with him and
woman dies from overdose, crime is only homicide.
Note: The circumstance of evident premeditation is present and qualifies the killing to
murder when the prosecution proves – (i) the time when the offender determined to kill the
victim; (ii) an act of the offender manifestly indicating that he clung to his determination to
kill his victim; and (iii) a sufficient lapse of time between the determination and the
execution of the killing.
Note: There is cruelty when other injuries are inflicted deliberately by the offender not
necessary for the killing of the victim.
Note: In applying the circumstances to qualify the killing to murder –
(a) Murder exists with only one of the circumstances described in the article (the others
must be considered merely as generic aggravating circumstances, penalty in maximum);
(b) when other circumstances are absorbed or included in one qualifying circumstance, they
cannot be considered as generic aggravating (thus, when ten or more captors of female
victim and one of them shot her at the back, qualifying circumstance is either treachery,
abuse of superior strength or with aid or armed men, if treachery is chosen to qualify, the
others cannot be taken as generic aggravating circumstances because treachery absorbs
them);
(c) any of the qualifying circumstances enumerated in this article must be alleged in the
information.
Note: Homicide committed by means of fire shall be deemed to be murder where there is
actual design to kill and the use of fire was purposely adopted as a means to that end.
Note: Under RA9346 (prohibiting imposition of death penalty), murder is punishable by

reclusion perpetua.
Note: Read the case of People vs. Dearo, G.R. No. 190862, October 9, 2013.
Note: Read the case of People vs. Placer, G.R. No. 181753, October 9, 2013.
Note: Read the case of People vs. Zulueta, G.R. No. 192183, November 11, 2013.
___________________________________
4. HOMICIDE (ART. 249) –

Elements:
(a) Offender kills another;
(b) The killing was not attended by any of the qualifying circumstances under Art. 248; and
(c) The killing was not parricide or infanticide.
Note: When death resulted, even if there is no intent to kill, the crime is homicide, not
merely physical injuries because with respect to crimes of personal violence, the penal law
looks particularly to the material results following the unlawful acts and holds the aggressor
responsible for all the consequence. Intent to kill is conclusively presumed when death
resulted. Evidence of intent to kill is only important in attempted or frustrated homicide,
absent such intent, the crime is only physical injuries.
Note: There is no frustrated homicide through imprudence because intent to kill in

frustrated homicide is incompatible with negligence or imprudence (thus, it is reckless
imprudence resulting to homicide and not homicide through reckless imprudence).
Note: Read the case of Abella vs. People, G.R. No. 194800, November 11, 2013.
Note: Red the case of Pentecostes vs. People, G.R. No. 167766, April 7, 2010.
___________________________________
5. DEATH CAUSED IN A TUMULTUOUS AFFRAY (ART. 251)

Elements:
(a) Several persons quarrel and assault each other in a confused and tumultuous manner;
(b) Such persons do not compose groups organized for the common purpose of assaulting
and attacking each other reciprocally;
(c) In the course of the affray someone is killed;
(d) It cannot be determined who actually killed the deceased;
(e) Offender is the person or persons identified to have inflicted serious physical injuries.
Note: In this article, the participants do not compose an organized group for purposes of
attacking another. Hence, basketball teams in a rumble are not organized for purposes of
attack.
Note: If it cannot be determined who inflicted serious physical injuries on the deceased, all
those who shall have used violence upon the victim are punished.
Note: Article mentions “several persons” which suggest more than two but not many.
However, it is conjoined with the word “tumultuous”, thus, remember Art. 153. Ergo,
tumultuous affray exists when there are at least four persons who took part.
Note: The article applies where the offender who killed the victim cannot be identified.
Ergo, in a rumble where C is stabbed to death. B was arrested with a bloodied knife.
Circumstances point to B was the killer. The crime is homicide or murder depending upon
the qualifying circumstances under Art. 248 to be murder.
Note: Those without participation in the tumultuous affray are not liable for death under
tumultuous affray but may be liable for disturbance of public order.
Note: The person killed in the course of the affray need not be one of the participants
therein. If the one who inflicted the fatal wound is known the crime is not homicide in
tumultuous affray but homicide under Art. 249.
Note: Read the case of People vs. Unlagada, G.R. No. 141080, September 17, 2002.
___________________________________
6. PHYSICAL INJURIES IN A TUMULTUOUS AFFRAY (ART. 252)
Note: The crime is committed where offender’s identity cannot be ascertained and
the injuries inflicted are serious or less serious physical injuries. The article is not violated
where only slight physical injuries are inflicted.
Elements:
(a) Several persons quarrel and assault each other in a confused and tumultuous manner;
(b) Such persons do not compose groups organized for the common purpose of assaulting
and attacking each other reciprocally;
(c) In the course of the affray, serious physical injuries are inflicted upon the participants
thereof;
(d) The person responsible for serious physical injuries cannot be identified; and
(e) Offenders are all those who appear to have used violence upon the offended party.
Note: If injuries inflicted only less serious nature and person responsible therefor cannot be
identified, all those who appear to have used any violence shall be punsished by arresto
mayor (5-15 days).
___________________________________
7. GIVING ASSISTANCE TO SUICIDE (ART. 253)
Elements:
(b) offender assists another to commit suicide.
Note: The initiative for death in this article must come from the person killed.
Note: Euthanasia (“mercy killing”) is where a person caused death of one who is suffering
from terminal ailment or injury. This is embraced under Art. 253. One who assists is liable for
Art. 253 but one who assists but practically killed the other is penalized for homicide.
___________________________________
8. DISCHARGE OF FIREARMS (ART. 254)
Elements:
(b) Offender discharges a firearm against or at another person; and
(c) Offender has no intention to kill that person.
Note: The act constituting the offense is shooting at another with any firearm, without
intent to kill. The offender’s purpose is only to intimidate or frighten the offended party.
Note: If the firearm is not discharged at a person, there is no crime of discharge of firearm
(may be alarms and scandal). If the person has intent to kill, the felony is either frustrated or
attempted parricide, murder or homicide.
Note: If in the illegal discharge of firearm the offended party is hit and wounded, there is a
complex crime of discharge of firearm with physical injuries when the injuries are serious or
less serious. If only slight physical injuries are inflicted, there is no complex crime because
such injuries constitute a light felony.
Note: Read the case of Dado vs. People, G.R. No. 131421, November 18, 2002.
___________________________________
9. INFANTICIDE (ART. 255)
Elements:
(a) Offender killed a child; and

(b) The child killed is less than 3 days old.
Note: Infanticide is a crime against a person based on age.
Note: The penalty imposed is same for parricide and murder. However, if crime is
committed by the child’s mother to conceal her dishonor, penalty is prision correctional
(med and max periods). However still, if the crime is committed for the same purpose by the
maternal grandparent or either of them, penalty is prisio mayor.
Note: If the father or mother or legitimate grandparents kill the child less than 3 days old,
the penalty corresponds to parricide. Other persons who kill such a child suffer the penalty
for murder.
Note: The fact that the mother’s infanticide was done to conceal her dishonor is privileged
mitigating. Right after giving birth to a baby born out of an illicit relationship, without time
to reflect, excited and obfuscated solely by the fear of her dishonor being made public, she
desires to erase the traces of her mistake.
Note: Delinquent mother who claims concealing dishonor must be of good reputation.
Thus, if she is a prostitute, she is not entitled to a lesser penalty because she has no honor
to conceal.
___________________________________
10. INTENTIONAL ABORTION (ART. 256)
Elements:
(b) Offender intentionally causes abortion; and
(c) Offender uses any violence upon the pregnant woman or he acted without the woman’s
consent or the woman shall have consented to the abortion.”
Note: Abortion is a crime against a fetus. Under the civil code, if a fetus is completely
delivered but the ambilical cord is not yet cut, such fetus is not yet a person. If the fetus had
an intra-uterine life of less than 7 months, even if completely delivered and the ambilical
cord is already cut, the fetus must survive 24 hours to be considered a person.
Note: If in the abortion, the woman would die or suffers physical injuries, such death or
physical injuries is a separate crime. If death or injuries resulted or is caused by the abortion
this is complex crime. Thus, a husband and wife who quarreled violently and the next day
the wife is found hanging on a tree and the autopsy report showed a broken skull and knee
caps and that she was two months on the family way. There is a complex crime of parricide
with unintentional abortion.
Note: Abortion may be (a) intentional [higher penalty], and (b) unintentional [it is not a
culpable felony, the physical violence to cause abortion must be deliberate. Thus, C a
pregnant woman riding a tricycle which was bumped by a reckless jeep causing C to be
thrown off the tricycle leading to abortion and physical injuries to her. The crime committed
is reckless imprudence resulting in unintentional abortion with physical injuries.
Note: The person who intentionally caused the abortion is liable under this article. If the
woman consented to the abortion, she is liable under Art. 258, if she did not consent, she is
not liable.
Note: Read the case of People vs. Salufranca, G.R. No. L-50884, March 30, 1988.
___________________________________
11. UNINTENTIONAL ABORTION (ART. 257)
Elements:
(b) Offender intentionally exerts violence upon a pregnant woman without intending an
abortion;
(c) As a result of the violence, the fetus dies, either in the womb or after having been
expelled therefrom.
Note: Unintentional abortion is committed by violence only. Thus, if a man points a gun at a
pregnant woman, at the same time telling her that he would kill her, and the woman out of
fright suffers miscarriage, the offender is liable only for threats.
Note: The husband who, with violence kills his pregnant wife, thus resulting to the death
also of the foetus, is guilty of the complex crime of parricide with unintentional abortion.
___________________________________
12. ABORTION BY WOMAN HERSELF OR HER PARENTS (ART. 258) –

Elements:
(a) Offender is a woman; and
(b) Offender practices abortion upon herself or consents that any other person does so.
Note: The penalty is lower if the crime is committed to conceal her dishonor.
Note: In this article the pregnant woman is liable when (a) she practiced abortion upon
herself, or (b) consented that any other person should do so.
___________________________________
13. ABORTION BY PHYSICIAN OR MIDWIFE (ART. 259) –
(a) Taking advantage of his/her scientific knowledge or skill and causes an abortion or
assists in causing the same; and
(b) Dispensing any abortive without proper prescription from a physician.
(a) Offender is any physician or midwife;

(b) Offender takes advantage of his/her scientific knowleddge or skill; and
(c) Offender causes an abortion or assist in causing the same.”
Note: Maximum penalty is imposed because physicians and midwives incur a heavier guilty
in making use of their knowledge for the destruction of human life where it should be used
only for human preservation.
Note: If assisted by nurse, not under Art. 259 but Art. 258.
(a) Offender is a pharmacist; and
(b) Offender dispenses any abortive without proper prescription from a physician.
Note: It is not necessary that the pharmacist knows that the abortive would be used to
cause abortion. The law punishes the act of dispensing abortive without proper prescription
from a physician. If the pharmacists knew that the abortive would be used to cause abortion
and actually resulted in such, the pharmacist is liable as an accomplice in the crime of
abortion.
___________________________________
14. DUELS (ART. 260)
Elements:
(b) Offender kills his adversary;
(c) The killing is in a duel.
Note: Duel is a formal or regular combat previously concerted between two parties in the
presence of two or more seconds of lawful age on each side, who make the selection of
arms and fix all other conditions of the fight. Duel must be attended by seconds. Duel is a
pre-arranged combat between two persons, fought with deadly weapns according to an
accepted code of proceure, especially to settle a private quarrel.
Note: If only physical injuries are caused, penalty shall be for such injuries, according to
their nature. If no injuries inflicted, combatants suffer only arresto mayor. Seconds shall in all
events be punished as accomplices.
___________________________________
15. CHALLENGING TO A DUEL (ART. 261)
Elements:
(b) Offender challenges another to a duel or incites another to give or accept a challenge to
a duel or scoff at or decry another publicly for refusing to accept a challenge to fight a
duel.”
Note: A challenge to a fight, without contemplating a duel is not challenging to a duel
(formal combat). Thus, where a person is armed with a bolo went to the house of his
adversary challenges him to come out and fight, the crime committed is GRAVE COERCION.
Challenging to a duel contemplates of a classical duel.
Note: Read the case of People vs. Tacomoy, G.R. No. L-4798, July 16, 1951.
___________________________________
16. PHYSICAL INJURIES & MUTILATION (ART. 262)
Note: Physical injuries cannot co-exist with attempted or frustrated homicide or murder
because the latter are characterized by intent to kill. Physical injuries are punished based on
the gravity of the injuries. They are always consummated and there are no attempted or
frustrated stages because there has to be actual injuries sustained.
Note: Mutilation is lopping or clipping off of some body part. Penalty is higher when the
intentional mutilation is to deprive another either totally or partially of some essential organ
of reproduction.
Elements of Mutilation:
(b) Offender mutilates another.

Note: This is referred to as intentional mutilation and cannot be committed by culpa. It is
committed when a person deliberately chops, cuts off or otherwise divests a victim of any
part of his body which is not susceptible of growing again. The penalty is higher when
mutilation deprives the victim of any organ of reproduction (reclusion perpetua). Without
intent of divesting a victim of such organs, the crime is only serious physical injuries.
Note: If mutilation is not caused purposely and deliberately so as to deprive the offended
party of a particular part of his body, the case will be considered as physical injuries falling
under Art. 263 (1) [victim becoming impotent] or Art.263(2) [loss of hand, foot, arm or leg]
as the case may be.
Note: Read the case of Aguirre vs. Secretary of Justice, G.R. No. 170723, March 3, 2008.
___________________________________
18. SERIOUS PHYSICAL INJURIES (ART. 263) –
Elements:
(b) Offender wounds, beats or assaults another.
Note: Penalty varies depends, if in consequence of the physical injuries –
(a) Injured person became insane, imbecile, impotent, or blind;

(b) Injured person lost the use of speech or the power to hear or to smell, or lost an eye, a
hand, a foot, an arm or a leg or the use of any such member or became incapacitated for his
habitual work;
(c) Injured person became deformed, or lost any other part of his body, or lost the use
thereof, or became ill or incapacitated for his habitual work for a period for more than 90
days; or
(d) Injured person fell ill or became incapacitated for labor for more than 30 days.
Note: There must be no intent to kill when the offender inflicted any of the serious physical
injuries otherwise the crime would be frustrated or attempted murder, parricide or
homicide.
Note: The article does not apply to a parent who shall inflict physical injuries upon his child
by excessive chastisement.
Note: It is serious physical injuries if incapacity for labor exceeds 30 days even if medical
treatment did not go beyond 30 days.
Note: In determining whether it is serious or less serious physical injuries do not consider
period of medical treatment, only consider the period of incapacity for labor, except, where
there is DEFORMITY, in which case, it is always serious physical injuries.
Note: That the victim shall have become deformed must meet the three requisites that –
(a) Injury must have produced ugliness on the victim;
(b) Ugliness must be visible (if Pedro boxed Mario on the mouth and a permanent tooth is
removed, the crime is serious physical injuries); and
(c) ugliness would not disappear through natural healing process (plastic surgery or any
other medical procedure is not considered in discounting the ugliness produced, hence,
even if ugliness is removed by plastic surgery or scientific treatment, the crime is serious
physical injuries.
___________________________________
19. ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES (ART. 264)
Elements:
(b) Offender without intent to kill inflicts any serious physical injury on another person; and
(c) The infliction of injury is by knowingly administering any injurious substance or beverage
to the victim or taking advantage of his weakness of mind or credulity.
Note: It is frustrated murder if the offender had any intention to kill because the injurious
substance is considered as poison. If he did not know of the injurious nature of the
substance he administered, he is not liable under this article.
Note: If only less serious or slight physical injuries caused, Art. 264 does not apply. The case
will be treated under Art. 265 or 266.
___________________________________
20. LESS SERIOUS PHYSICAL INJURIES (ART. 265) –
Elements:
(b) Offender inflicts physical injuries upon another:
(c) Injuries inflicted are not described in the preceding paragraphs; and
(d) Injuries inflicted incapacitated the victim for labor or required medical assistance for 10
days or more.
Note: Any less serious physical injuries inflicted upon the offender's parents, ascendants,
guardians, curators, teachers, or persons of rank, or persons in authority, shall be punished
by prision correccional in its minimum and medium periods, provided that, in the case of
persons in authority, the deed does not constitute the crime of assault upon such person.
Note: Medical attendance OR incapacity for labor for 10 days or more (but not over 30
days) is required under the article.
Note: Medical attention for more than 10 days even if it did not incapacitate the victim is
less serious physical injuries. Also, If incapacity for labor did not go beyond 30 days even if
medical treatment exceeded 30 days, it is less serious physical injuries.
Note: Physical injuries which do not prevent the victim from engaging in his habitual work
or require medical attendance are classified as slight physical injuries. This is true even if the
injuries were cured but without medical attendance in, say, 20 days. But if the injuries
without medical attendance were healed after two months, it may be considered as an
illness for more than 30 days, which will make the crime serious physical injuries under par.
4, Art. 263.
___________________________________
21. SLIGHT PHYSICAL INJURIES & MALTREATMENT (ART. 266 ) –
Elements:
(b) Offender inflicts physical injuries upon another; and
(c) The physical injury inflicted incapacitated the victim for labor or require medical
attendance from 1-10 days or such injury does not prevent victim from engaging in his
habitual work nor required medical assistance or no injury was caused but offender ill-
treated the victim by deed.
Note: If medical treatment required or incapacity for labor does not exceed 9 days, it is
slight physical injuries. In the absence of proof as to the period of offended party’s
incapacity for labor or of required medical attendance, the crime is only slight physical
injuries.
Note: Any physical violence which does not produce injury such as slapping the face of the
offended party without causing dishonor (which is slander by deed), is slight physical injury.
Note: R.A. No. 9262 (Anti-Violence Against Women and Children Act of 2004) provides that
–any act or series of acts committed by any person against a woman who is his WIFE,
FORMER WIFE or against a WOMAN WITH WHOM THE PERSON HAS/HAD A
SEXUAL/DATING RELATIONSHIP, or with whom he has a common child, or against her child
whether legitimate or illegitimate, within or without the family abode, which result in or is
likely to result in physical, sexual, psychological harm or suffering or economic abuse
including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation
of liberty to include PHYSICAL VIOLENCE, SEXUAL VIOLENCE, PSYCHOLOGICAL VIOLENCE,
ECONOMIC ABUSE.
Note: Read the case of Bongalon vs. People, G.R. No. 169533, March 20, 2013.
___________________________________
22. ARTICLE 266-A. RAPE
Note: This article has been amended by R.A. No. 8353 (Anti-Rape Law of 1997).
Note: Two offenses punished by the Article –
(a) Man has carnal knowledge of a woman through force or intimidation or when she is
deprived of reason or otherwise conscious or by means fraudulent machination or abuse of
authority or she is under 12 years of age or is demented; and
(b) Offender commits an act of sexual assault against another person.
(a) Offender is any man;
(b) Offender has carnal knowledge of a woman;

(c) The carnal knowledge is accomplished through force or intimidation or when offended
party is deprived of reason or otherwise conscious or by means fraudulent machination or
abuse of authority or the victim is under 12 years of age or is demented.
Note: Offender is a man; offended party is a woman; a lesbian cannot commit rape of the
first form.
Note: “By means of fraudulent machinations” (before woman below 18 not less than 12
years of age no longer a virgin, constituted simple seduction), now it is rape.
Note: “Grave abuse of authority” (before was qualified seduction where woman below 18
not less than 12 years of age, a virgin, offender is a teacher, priest, person in authority), now
it is rape.
Note: Read the case of People vs. Soria, G.R. No. 179031, November 14, 2012.
Note: Read the case of People vs. Reyes, G.R. No. 173307, July 17, 2013.
Note: Read the case of People vs. Galagar, G.R. No. 202842, 10/9/2013.
Note: Read the case of People vs. Manalili, G.R. No. 191253, August 28, 2013.

(b) Offender commits an act of sexual assault against another person;
(c) The sexual assault is committed by inserting his penis into another person’s mouth or
anal orifice or any instrument or object, into the genital or anal orifice of another person;
and
(d) The sexual assault is committed under any of the circumstances mentioned in the first
paragraph.
Note: Offender may be male or female; offended party may be male or female except in
case of insertin of object into genitals which suggest that the offended party is a woman.
Note: Read the case of Ricalde vs. People, G.R. No. 211002, January 21, 2015.
Note: Read the case of People vs. Chingh, G.R. No. 18323, March 16, 2011.
Note: Read the case of De Castro vs. Fernandez, G.R. No. 155041, February 14, 2007.
Note: Qualifying/Aggravating Circumstances include –
(a) Victim is under 18 years of age and the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within 3 rd civil degree or the common-law
spouse of the parent of the victim;
(b) Victim is under the custody of the police or military authorities or any law enforcement
or penal institution;
(c) Rape is committed in full view of the spouse, parent, any of the children or other relatives
within 3rd civil degree of consanguinity;
(d) Victim is a religious engaged in legitimate religious vocation or calling and is personally
known to be such by the offender before or at the time of the commission of the crime;
(e) Victim is a child below 7 years old;
(f) Offender knows that he is afflicted with HIV/AIDS or any other sexually transmissible
disease and the virus/disease is transmitted to the victim;
(g) Rape is committed by any member of the AFP or para-military units thereof or the PNP
or any law enforcement agency or penal institution when the offender took advantage of his
position to facilitate the commission of the crime;
(h) By reason or on occasion of the rape, the victim suffered permanent physical mutilation;
(i) Offender knew of the pregnancy of the offended party at the time of the commission of
the rape; or
(j) Offender knew of victim’s mental disability, emotional disorder and/or physical handicap
at the time of the commission of the crime
Note: Rape as amended by RA 8353 is now a crime against persons. Aggravating

circumstances which before did not apply to rape such as cruelty, treachery are now
applicable because the crime is now a crime against persons.
___________________________________
J. CRIMES AGAINST PERSONAL LIBERTY
AND SECURITY (TITLE IX)
1. KIDNAPPING & SERIOUS ILLEGAL DETENTION (ART. 267)

Note: Serious illegal detention is restraint of liberty. Take note of the circumstances because
absent one, the crime is only slight illegal detention. Offender is a private individual
otherwise the crime is arbitrary detention if the offender s a public officer with legal duty to
detain.
Elements:
(a) Offender is any private individual;
(b) Offender kidnaps or detains another or in any other manner deprives him of his liberty;
and
(c) The kidnapping or detention lasted for more than 3 days or was committed by
simulating public authority or any serious physical injury was inflicted upon the kidnapped
or detained person or threats to kill him were made or that the person kidnapped or
detained is a minor, female or public officer.
Note: Capital punishment where the kidnapping or detention was committed for the
purpose of extorting ransom from the victim or any other person, even if none of the
circumstances above-mentioned were present in the commission of the offense.
Note: Kidnapping is characterized by transporting a person from one place to another.
Note: Voluntary release of offended party does not apply to serious illegal detention.
Note: If the offender kidnapped the wrong man and immediately released him. Such release
has no effect the crime is covered by Art. 267.
Note: Where ransom is demanded, detention is immediately covered by Art. 267. Ransom is
the money paid or demanded or the consideration given for the redemption of the captive
person or payment for the release of a person from captivity.
Note: A creditor, having lost patience because of the debtor’s promises to pay, ordered his
men to detain the debtor and inform his family that he was holding the debtor until his
liability was settled and the debtor’s family settled it and debtor was immediately settled. SC
ruled that the amount paid is ransom. Any amount which is condition for the release of a
captive person is ransom even if the amount is due and payable to the offender. “A person
should not take the law into his own hands”.
Note: In kidnapping, where it is specially complex with homicide or murder or rape, apply
by analogy the principle in robbery specially complexed, that is, in kidnapping with
homicide or murder. It is expected that the victim will resist and might sustain injuries that
would result to death, or in kidnapping with rape, rape cannot be inferred from conspiracy
and commission of the crime of kidnapping.
Note: When the victim of kidnapping is killed, raped or tortured. There is no complex crime,
death, rape or torture is only qualifying, the crime is Qualified kidnapping. No complexion of
the crime where death is consummated, but where killing is only attempted or frustrated, it
is complex crime of kidnapping and serious illegal detention with attempted/frustrated
murder.
Note: Taking of minor constitutes kidnapping under Art. 267. If the minor is taken without
knowledge or consent of parent or person exercising legal authority. If offender borrowed
the minor under the pre-text of taking him (like for entertainment), the crime is kidnapping
& failure to return a minor under Art. 270. Taking is with knowledge and conformity of the
parent, offender must have taken the minor for purpose of restraining him of his liberty.
Restraint must be actual.
Note: Read the case of People vs. Valerio, G.R. No. 186123, February 27, 2012.
Note: Read the case of People vs. Kulais, G.R. No. 100901-08, July 16, 1988.
___________________________________
2. SLIGHT ILLEGAL DETENTION (ART. 268) –
(a) Commits kidnapping or detention without any of the circumstances under Art. 267; and
(b) Furnishes the place for the perpetration of the crime of kidnapping or detention.
(a) Offender is any private person;
(b)Offender commits the crimes under Art. 267 without the attending circumstances of said
article.
(b) Offender furnishes the place for the perpetration of the crime of kidnapping or
detention.
Note: Lower penalty if the offender voluntarily releases the person kidnapped or detained
within 3 days from commencement of the detention without having attained the purpose
intended and before the institution of criminal proceedings against him.
Note: Voluntary release by offender of the person detained is mitigating when: (a) voluntary
release must be effected within 3 days from commencement of detention; (b) release is
effected without offender having accomplished his purpose; (c) such release effected before
criminal prosecution is commenced. Voluntary release is mitigating when it is only slight
illegal detention.
___________________________________
3. UNLAWFUL ARREST (ART. 269) –
Elements:
(b) Offender arrests or detains another for the purpose of delivering him to proper
authorities; and
(c) The arrest or detention not authorized by law or without reasonable ground therefor.”
Note: The purpose of arrest is to deliver victim to the proper authorities but there is no
legal ground for such arrest. There is no unlawful arrest when the arrest is authorized by a
warrant issued by the court.
Note: In Art. 269, no period of detention is fixed. Henceforth, detention for more or less 3
days, the motive of the offender is controlling. If his purpose is to deliver him to the proper
authorities, the crime is Art. 269.
___________________________________
4. KIDNAPPING & FAILURE TO RETURN A MINOR (ART. 270)
Note: The article punishes the deliberate failure of the custodian of a minor to restore the
latter to his parents or guardians.
Elements:
(b) Offender is entrusted with the custody of a minor person; and
(c) Offender deliberately fails to restore the minor to his parents or guardians.
Note: Lower penalty if the offender in Art. 269 and 270 is the father or the mother of the
minor.
Note: A parent can commit kidnapping of own child under Art. 271 with reference to Art.
270 (kidnapping & failure to return a minor), such kidnapping is only when the parent
accused of kidnapping the minor child had already been judicially divested of parental
authority.
Note: Read the case of People vs. Marquez, G.R. No. 181440, April 13, 2011.
___________________________________
5. INDUCING A MINOR TO ABANDON HIS HOME (ART. 271)
Elements:
(b) Offender induces a minor to abandon the home of his parents, guardians or the persons
entrusted with his custody.”
Note: The crime is the act of inducing a minor to abandon his home/home of his guardian
and not necessarily that the minor actually abandons the home.
Note: If the minor voluntarily leaves his home of his own free will and would go and live
with another person, the latter is not liable.
___________________________________
6. SLAVERY (ART. 272) –
Elements:
(b) Offender purchases, sells, kidnaps or detains a human being for the purpose of enslaving
him.”
Note: If the crime be committed for the purpose of assigning the offended party to some
immoral traffic, the penalty shall be imposed in its maximum period.
Note: Slavery is detention of offended party incidental to the primary criminal intent to
make the offended party work for another; has lower penalty than Art. 267 (which is absurd
because it then becomes to the person detaining another to subject such detainee to
slavery and in so doing avail of a lower penalty.
___________________________________
7. EXPLOITATION OF CHILD LABOR (ART. 273) –
Elements:
(b) Offender retains a minor in his service against the minor’s will; and
(c) Offender retains the minor under the pretext of reimbursing himself for the debt incurred
by an ascendant, guardian or person entrusted with the custody of a minor.
Note: This article is not violated where the minor consents to rendering or retention of his
services.
Note: Existence of an indebtedness is not legal justification to hold a person and deprive
him of his freedom to live where he wills.
___________________________________
8. SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT (ART. 274)
Elements:
(b) Offender compels a debtor to work for him against the latter’s will as household servant
or farm helper; and
(c) The compulsion is in order to require or enforce the payment of a debt.
Note: Compulsion must be to work as household servant or farm laborer. The victim here
may or may not be a minor. In this article, the debtor HIMSELF is compelled to render some
service (but in Art. 273, the service is not limited to household or farm work and it is the
minor compelled to render service for the debt of the parent/guardian.
___________________________________
9. ABANDONMENT OF PERSON IN DANGER & ABANDONMENT OF ONE’S OWN

VICTIM (ART. 275) –
(a) Failing to render assistance to any person found wounded or in danger of dying in an
uninhabited place;
(b) Failing to help or render assistance to one’s own victim; and
(c) Failing to deliver an abandoned child found to the authorities or the child’s family or to a
safe place.
(b) Offender fails to render assistance to any person whom he shall find in an uninhabited
place wounded or in danger of dying;
(c) Offender could render such assistance without detriment to himself; and
(d) Offender’s omission does not constitute a more serious offense.”
(b) Offender accidentally wounded or injured another; and
(c) Offender fails to help or render assistance to such injured person.

(b) Offender found an abandoned child under 7 years of age;
(c) Offender fails to deliver said child to the authorities or the child’s family or to a safe
place.
Note: If a person intentionally wounded another in an uninhabited place, Art. 275 is not
applicable because he did not find him wounded or in danger of dying.
Note: Read the case of Lamera vs. CA, 198 SCRA 186.
Note: Read the case of People vs. Lalli, G.R. No. 195419, October 12, 2011.
Note: Read the case of People vs. Casio, G.R. No. 211465, December 3, 2014.
___________________________________
10. ABANDONING A MINOR (ART. 276) –
Elements:
(b) Offender abandons a child under 7 years of age; and
(c) Custody of said child is incumbent upon the offender.

Note: Penalty higher when the minor’s death resulted from such abandonment unless by
such abandonment the minor’s life was only in danger.
Note: Offender has no intent to kill the minor. Offender’s purpose in abandoning the minor
under his custody is to avoid the obligation of taking care of said minor. If there is intent to
kill and the child dies, the crime is either murder, parricide or infanticide.
Note: Intent to kill being presumed from the victim’s death applies only to crimes against
persons and not to crimes against security, particularly, the crimes of abandoning a minor
under Art. 276.
Note: The abandonment referred to in Art. 276 is not the momentary leaving of a child but
abandonment which deprives him of care and protection from danger to his person. The act
must be conscious and deliberate.
___________________________________
11. ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH CUSTODY OR

INDIFFERENCE OF PARENTS (ART. 277)
(a) Delivering a minor to a public institution or other persons without the consent of the one
who entrusted such child to offender’s care; and
(b) Neglecting offender’s own children by not giving them the education which their station
in life requires and permitted by financial conditions.
(b) Offender has charge of the rearing or education of a minor,
(c) Offender delivers said minor to a public institution or other persons; and
(d) Delivery is without the consent of the one who entrusted such child to his care or in the
absence of the latter, without the consent of the proper authorities.
(a) Offender is a parent;
(b) Offender neglects his/her own children by failing to give them the education which their
station in life requires and financial conditions permits.
Note: Only person charged with “rearing or education” (rearing means bringing them to
maturity by educating, nourishing, etc.) of the minor is liable. Ergo, one who finds a lost
child/foundling and deliver the latter to DSWD is not liable under Art. 277.
Note: Failure to give education by the parent must be due to deliberate desire to evade
such obligation.
___________________________________
12. EXPLOITATION OF MINORS (ART. 278)
(a) Causing any child below 16 to perform any dangerous feats or employing such children
in such exhibitions or inducing such children to abandon his home and follow any person
engaged in such callings; and
(b) Delivering a child under 16 years of age gratuitously to any person who is engaged as an
acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a
similar calling or to any habitual vagrant or beggar.
(a)Offender is any person; and
(b) Offender causes any child under 16 years to perform any dangerous feat of balancing,
physical strength, or contortion or being an acrobat, gymnast, rope-walker, diver, wild-
animal tamer or circus manager or engaged in a similar calling, employs in exhibitions of
these kinds such children not his children or descendants; or being engaged in any of said
callings, employs any descendant of his under 12 years of age in such dangerous
exhibitions, or induces any child under 16 years of age to abandon the home of its
ascendants, guardians, curators or teachers to follow any person engaged in any of said
callings or to accompany any habitual vagrant or beggar.
(a) Offender is any ascendant, guardian, teacher or person entrusted in any capacity with the
care of a child under 16 years of age; and
(b) Offender delivers such child gratuitously to any person who is an acrobat, gymnast,
rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling or to
any habitual vagrant or beggar.
Note: It is the kind of calling to which the minor is employed, eg., a circus, that creates the
liability.
___________________________________
13. QUALIFIED TRESPASS TO DWELLING (ART. 280) –
Elements:
(a) Offender is any private person; and
(b) Offender enters the dwelling of another against the latter's will.
Note: Penalty higher if the offense is committed by means of violence or intimidation.
Note: No criminal liability for trespass if:
(a) Purpose of entry is to prevent some serious harm to himself, the occupant of the
dwelling or a third person;
(b) Entry is to render some service to humanity or justice; or
(c) Anyone enters cafes, taverns, inns and other public houses while the same are open.
Note: Dwelling place is any building/structure exclusively devoted for rest and comfort, as
distinguished from places devoted to business, office, etc. Whether a building is a dwelling
house or not depends upon the use to which it is put. A store which was also dwelling place
of the owner of the stores was considered a dwelling place. Dwelling includes a room when
occupied by another person.
Note: Mere absent of consent is not enough to constitute trespass to dwelling. To commit
trespass, the entrance by the accused should be against the PRESUMED/EXPRESS
prohibition of the occupant and the lack of permission should not be confused with
prohibition.
Note: IMPLIED PROHIBITION – Whoever enters the dwelling of another at a late hour of the
night after the inmates have retired and closed the doors does so against their will, even if
the door was merely fastened by a string.
Note: Trespass by means of intimidation like firing a revolver in the air by persons
attempting their way into a house or flourishing a bolo against the inmates of the house
upon gaining entrance.
Note: Violence or intimidation may take place immediately after entrance. Prohibition is not
necessary when offender employed violence or intimidation.
Note: Trespass may be committed by owner of the dwelling vis-à-vis actual occupants.
Note: Read the case of Marzaldo vs. People, G.R. No. 152997, November 10, 2004.
___________________________________
14. OTHER FORMS OF TRESPASS (ART. 281)
Note: This crime is also known as trespass to property.
Elements:
(b) Offender enters the closed premises or the fenced estate of another with the permission
of the owner or caretaker;
(c) Such premises or estate is uninhabited; and
(d) The prohibition to enter such premises or estate is manifest; and
Note: Premises refer to a distinct and definitely locality and may mean a room, shop or
building or definite area, but in either case, locality is fixed.
Note: Entering a warehouse may be trespass under Art. 282. Warehouse is a closed
premises and if it is uninhabited, prohibition is manifest and no permission is given.
___________________________________
15. GRAVE THREATS (ART. 282)

Note: In grave threat, threat is in the nature of the crime. If threat is made orally and the
one who made the threat made it in the heat of anger and subsequent act shows that he
did not resolve to make good or persisted to pursue the harm threatened, this is not grave
threat but other light threats.
Elements:
(b) Offender threatens another with infliction upon the person, honor or property of the
latter or of his family of any wrong amounting to a crime.
Note: Penalty varies depending –
(a) If the offender made the threat demanding money or imposing any other condition,
even though not unlawful, and offender attained his purpose. If offender does not attain his
purpose penalty is two degrees lower;
(b) If the threat was made in writing or through a middleman, or
(c) If the threat shall not have been made subject to a condition.
Note: Threat and coercion are differentiated by time element. Threat is committed through
intimidation, the harm or wrong threatened by the offender is future and conditional and
such harm or wrong may be caused through an intermediary or in writing. Coercion is
committed through violence but where the intimidation is so serious as approximating
violence, the crime is coercion, the harm or wrong threatened is present and personal, and
such harm or wrong cannot be committed in writing or an intermediary because coercion is
always direct and personal.
Note: Read the case of Caluag vs. People, G.R. No. 171511, March 4, 2009.
Note: Read Paera vs. People, G.R. No. 181626, March 30, 2011.
___________________________________
16. LIGHT THREATS (ART. 283)
Elements:
(b) Offender makes a threat to commit a wrong not constituting a crime; and
(c) The threat is made upon the person, honor or property of the latter or of his family.
Note: The crime involves demanding for money or some other condition is imposed even
though not unlawful and offender either attained his purpose or not.
Note: This includes blackmailing. Harmed threatened must not be in the essence of the
crime. It is made with a demand for money or some other consideration.
Note: Where the bookkeeper of some company had been demanding an increase in salary.
The employer promised the increase but such never came. Bookkeeper wrote employer that
if he would not give the increase, he would send the true books of the company to the BIR.
The crime is light threats. Although it may be right for citizens to report to BIR tax evaders.
But to do that coupled with demand for money or other consideration is blackmail.
Note: Blackmail constitutes Light threat under Art. 283 and/or libel under Art. 356 when a
person threatens another with publication and offer to prevent publication of libelous
material for compensation.
___________________________________
18. OTHER LIGHT THREATS (ART. 285) –
(a) Threatens another with a weapon or draws such weapon in a quarrel unless it be in
lawful self-defense;
(b) Orally threatens another in the heat of anger with some harm constituting a crime; and
(c) Orally threatens another with a harm not constituting a felony.
(b) Offender, without being included in the next preceding article, threatens another with a
weapon or draws such weapon in a quarrel unless it be in lawful self-defense.”

(b) Offender, in the heat of anger, orally threatens another with some harm constituting a
crime;
(c) Offender by subsequent acts showed that he did not persist in the idea involved in his
threat; and
(d) The circumstances of the offense does not fall within the provisions of Article 282.”
(b) Offender orally threatens to do another any harm not constituting a felony.
Note: Threats under par. 2 of this article is similar to the 3 rd form of grave threats under Art.
282 because the harm threatened to be committed is a crime. Threats under par. 3 of this
article is similar to light threats under Art. 283 because the harm threatened to be
committed is not a crime. The difference lies in the fact that in other light threats under this
article there is no demand for money or imposition of any condition or the threat is not
deliberate.
Note: Threats directed at a person who is absent and uttered in a temporary fit of anger is a
light threat.
___________________________________
19. GRAVE COERCION (ART. 286)
Elements:
(b) Offender is without authority; and
(c) Offender uses violence in preventing another from doing something not prohibited by
law, or compelling him to do something against his will, whether it be right or wrong.
Note: If the coercion be committed in violation of the exercise of the right of suffrage, or for
the purpose of compelling another to perform any religious act or to prevent him from
exercising such right or from so doing such act, penalty is higher by a degree.
Note: Grave coercion consists of:
(a) Preventive – offender employs violence or serious intimidation to prevent offended party
from doing what he wanted to do, if preventive coercion the grave coercion only arises if
the act prohibited is not prohibited by law/ordinance/regulation, if act prevented is also
prevented by law, no grave coercion but may give rise to threat or physical intimidation; or
(b) Compulsive – employment of violence or serious intimidation to do what he does not

what to do, if violence is employed to compel performance of act which though may be
obligatory on offended party’s part, serious intimidation or violence is grave coercion as no
person should take the law into his own hands.
Note: To bring about GRAVE COERCION, where offender compelled offended party to
perform act obligatory on the part of the latter, the compulsion must be to such a degree
that offended party is made to act without a will that he is practically reduced to a mere
instrument. It is like offender is holding the hand of the offended party to make a writing
that latter is already not acting on his own free will. As long as the offended party is acting
on his own free will though reluctant, offender does not incur criminal liability.
Note: In grave coercion, the act of preventing by force must be made at the time the
offended party was doing or about to do the act to be prevented. If the act was already
done when violence is exerted, the crime is unjust vexation.
Note: The compulsion must be to such a degree that the offended party is made to act
without a will that he is practically reduced to a mere instrument. It is like the offender is
holding the hand of the offended party to make a writing that the latter is already not
acting on his own free will. As long as the offended party is acting on his wn free will though
reluctantly, offender does not incur criminal liability.
Note: Read the case of Consulta vs. People, G.R. No. 179462, February 12, 2009.
___________________________________
20. LIGHT COERCIONS (ART. 287)
Elements:
(b) Offender uses violence; and
(c) Offender seizes anything belonging to his debtor for the purpose of applying the same
to the payment of the debt.”
Note: The article punishes any other coercion or unjust vexation with a lesser penalty.
Note: Unjust vexation includes any human conduct which, although not productive of some
physical or material harm would, however, unjustly annoy or vex an innocent person. The
paramount question to be considered, in determining whether the crime of unjust vexation
is committed, is whether the offender’s act caused annoyance, irritation, vexation, distress or
disturbance to the mind of the person to whom it is directed. (kissing a girl without
performing acts of lasciviousness is unjust vexation.
___________________________________
21. OTHER SIMILAR COERCIONS (ART. 288) –
(a) Forcing or compelling directly or indirectly or knowingly permitting any laborer or

employee to be compelled to purchase merchandise or commodities of any kind; and
(b) Paying wages due a laborer or employee by means of tokens or objects other than legal
tender.
(a) Offender is any person, agent or officer of any association or corporation; and
(b) Offender forces or compels directly or indirectly, or knowingly permits any laborer or
employee employed by him or by such firm or corporation to be forced or compelled, to
purchase merchandise or commodities of any kind.”

(b) Offender pays the wages due a laborer or employee employed by him, by means of
tokens or objects other than the legal tender currency of the laborer or employee.
___________________________________
22. FORMATION, MAINTENANCE AND PROHIBITION OF COMBINATION OF CAPTIAL

OR LABOR THROUGH VIOLENCE OR THREATS (ART. 289) –
Elements:
(b) Offender employs violence or threats to compel or force laborers or employers in the
free and legal exercise of their industry or work; (c) Offender’s purpose is to organize,
maintain or prevent coalitions or capital or labor, strike of laborers or lock-out of
employees; and
(d) Offender’s act does not constitute a more serious offense in accordance with the
provisions of this Code.”
___________________________________
23. DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE (ART. 290)
Elements:
(a) Offender is a private individual;
(b) Offender seizes another’s papers, letters and reveals their contents; and
(c) Offender’s purpose is to discover the secrets of that other person.
Note: The essence of this crime is that the offender intercepts and seizes correspondence
addressed to another and opened the same just to read the content thereof. Disclosure of
contents to a third person only imposes a higher penalty. Secrets refer to privileged
communication (closed/sealed).
Note: Penalty is lower if the offender shall not reveal such secrets.
Note: The provision is not applicable to parents, guardians, or persons entrusted with the
custody of minors with respect to the papers or letters of the children or minors placed
under their care or study, nor to spouses with respect to the papers or letters of either of
them.
Note: Where the seizure of correspondence was done not in order to discover contents but
out of hatred for the addressee, the crime is malicious mischief. If communication is seized
and thrown and burned in fire, the crime is arson because the burning of any property
purposely to destroy the same is arson (PD1613).
Note: Exempt from criminal liability under this article: Parents who discover secrets through
seizure of correspondence of children under parental authority, spouses inter se (living
together), guardian with respect to the ward.
Note: If spouses is separated in fact/living separately, they have their own privacy and
liability may be incurred for violation of this article.
___________________________________
24. REVEALING SECRETS WITH ABUSE OF CONFIDENCE (ART. 291) –
Elements:
(a) Offender is any manager, employee or servant;
(b) Offender in such capacity learns the secrets of his principal or master; and
(c) Offender reveals such secrets.
Note: The secret must have come to their knowledge by reason of their office or position,
and it makes no difference that a secret was communicated by the principal or master to the
employee or servant.
Note: If the secret is not revealed, there is no crime here.
___________________________________
25. REVELATION OF INDUSTRIAL SECRETS (ART. 292)
Elements:
(a) Offender is the person in charge, employee or workman of any manufacturing or
industrial establishment; and
(b) To the prejudice of the owner, offender reveals the secrets of the industry.
Note: The essence of the crime is revealing the secret of the employer’s industry. Hence, if
the employee used the industry’s secret for his own benefit without revealing it to others, he
is not liable under this article.
Note: Secrets must relate to the manufacturing processes invented by or for a manufacturer
and used only in his factory or in a limited number of them, otherwise, as when such
processes are generally used, they will not be secret.
___________________________________
K. CRIMES AGAINST PROPERTY (TITLE X)
Note: Robbery and theft are almost identical, both consists of intent to gain and taking of
property belonging to another. If in taking property offender employed force upon things
or violence/intimidation against persons, the crime is robbery, otherwise, the crime is only
theft.
Note: In theft or robbery, the moment the offender has acquired full control over personal
property so that his will has substituted the owner’s will, the crime is already consummated.
It is not necessary that offender be able to carry away the personal property. IT IS THE
TAKING OF THE PROPERTY FROM THE IMMEDIATE PREMISES. The concept of theft/robbery
is control over the property.
Note: If jewelry is taken out of its container, offender is apprehended while making exit, the
crime is already consummated. However, if a container filled with jewelries is taken and the
offender is apprehended while making the exit, the crime of theft is frustrated, containing
not having been brought out, no full control.
1. ROBBERY (ART. 293)
Elements:
(b) Offender takes personal property belonging to another;
(c) The taking is with intent to gain; and
(b) The taking is by means of violence or intimidation of any person, or using force upon
anything.
Note: Robbery is the taking of personal property belonging to another with intent to gain,
by means of violence against, or intimidation of any person or using force upon anything.
Note: In robbery, the personal property of another is taken by the offender against the
owner’s will. If accused received certain jewels in trust or for safekeeping from the owner’s
agent, said accused cannot be held liable for robbery because he/she did not take the
jewels.
Note: Taking of personal property must be unlawful. Unlawful taking is complete – (a) as to
robbery with violence against or intimidation of persons, from the moment the offender
gains possession of the thing, even if the culprit had no opportunity to dispose of the same;
(b) as to robbery with force upon things, the thing must be taken out of the
building/premises to consummate the crime of robbery.
Note: Intent to gain is presumed from the unlawful taking of personal property – it being an
internal act, it cannot be established by direct evidence, except in case of confession by the
accused. It must therefore be deduced from the circumstances surrounding the commission
of the offense.
Note: Absent intent to gain, the taking of personal property is grave coercion if there is
violence used under Art. 286.
___________________________________
2. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS (ART. 294) –
Elements:
(b) Offender is guilty of robbery; and
(c) Robbery is with the use of violence against or intimidation of any person.
Note: In robbery with violence/intimidation against persons, the penalty depends on

violence employed.
Note: Robbery through violence/intimidation against persons is a composite crime, thus, if

there is killing it is robbery with homicide, if there is rape it is robbery with rape, if there is
mutilation it is robbery with mutilation, if there is arson it is robbery with arson, if there is
serious physical injuries it is robbery with serious physical injuries, if there is unnecessary
violence it is robbery with unnecessary violence (physical injuries is less serious or slight
physical injuries), it is simple robbery where only intimidation is employed.
Note: If a rape and physical injuries are also committed during robbery, the crime is only
robbery with rape, the physical injuries is aggravating only (rape and physical injuries are
components of the violence in the crime of robbery).
Note: In robbery with homicide, homicide refers to any form of killing whether accidental or
intentional for as long as the primary objective of the crime is robbery, the death results
merely in the course of the robbery. The primary criminal intent is to rob whether the killing
occurred before or after the robbery is immaterial.
Note: Offender tried to rob a bank, they engage responding policemen in a gun battle and
in the process, the policeman hit a bank teller. The bank robbers committed robbery with
homicide.
Note: Regardless of the number of persons killed for as long as only one robbery is
committed, there is only one charge for robbery with homicide (requires that robbery and
death are both consummated). If robbery is attempted or frustrated but death is
consummated, there is still a crime of attempted or frustrated robbery with homicide
governed under Art. 297.
Note: There is no crime of robbery with attempted or frustrated homicide committed where
only the robbery is committed but the supposed killing did not cause the death of the
injured person. If the person injured in the course of robbery is injured without intent to kill,
it is robbery with serious physical injuries. Physical injuries must be serious otherwise it is
robbery with unnecessary violence. If person injured was injured with intent to kill, the
proper charges are two separate crimes of attempted or frustrated murder or homicide and
robbery.
Note: In robbery with rape, robbery must precede the rape. If rape is committed ahead of
the robbery even if the primary intent is to rob, there will be two separate crimes for
robbery and rape. Robbery with rape is such that rape accompanied the robbery, it
presupposes that robbery preceded the rape.
___________________________________
3. ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PACE AND

BY A BAND, OR WITH THE USE OF FIREARM ON A STREET, ROAD OR ALLEY (ART.
295) –
Elements:
(b) Offender commits any of the offenses in subdivisions three, four, and five of Art. 294;
and
(c) Offense is committed in an uninhabited place or by a band, or by attacking a moving

train, street car, motor vehicle or airship, or by entering the passenger's compartments in a
train or, in any manner, taking the passengers thereof by surprise in the respective
conveyances, or on a street, road, highway, or alley, and the intimidation is made with the
use of a firearm.
Note: Leader of the band who breached this article suffers a penalty next higher in degree.
Note: Physical injuries QUALIFIES the robbery when it is serious, otherwise, if only slight or
less serious physical injuries are committed, the crime is only robbery with unnecessary
violence provided robbery has not yet been consummated when the injuries inflicted. If
robbery is already consummated and the slight/less serious physical injuries were inflicted,
the crime is robbery and the separate crime for less serious or slight physical injuries.
Note: Offender barged into the house of B and his family and demanded 100k but B was
only able to produce P20,000.00. Offender herded the family and household helpers into
one room and detained them there until B could come up with the money. Subsequently,
the offender was apprehended. The crime is robbery with serious illegal detention. The
amount demanded is considered ransom.
___________________________________
4. DEFINITION OF A BAND (ART. 296) –
Elements:
(a) Offenders consist of more than three armed malefactors; and
(ii) Offenders take part in commission of a robbery.
Note: If any of the arms used in the commission of the offense be an unlicensed firearm,
the maximum penalty is to be imposed upon all malefactors, without prejudice to the
criminal liability for illegal possession of such unlicensed firearms.
Note: Any member of a band present at the commission of a robbery by the band, shall be
punished as principal of any of the assaults committed by the band, unless it be shown that
he attempted to prevent the same.
Note: When at least four armed malefactors take part in the commission of robbery, it is
deemed committed by a band. When any of the arms used in the commission of robbery is
not licensed, the penalty for all malefactors is in the maximum without prejudice to the
criminal liability for illegal possession of such firearms. Any member of a band who was
present at the commission of robbery by the band shall be punished as principal of any of
the assaults committed by the band unless it be shown that he attempted to prevent the
same.
___________________________________
5. ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER CERTAIN

CIRCUMSTANCES (ART. 297)
Note: By reason or on occasion of an attempted or frustrated robbery a homicide is

committed, the person guilty of such offenses shall be punished by reclusion temporal in its
maximum period to reclusion perpetua, unless the homicide committed shall deserve a
higher penalty under the provisions of this Code.
Note: Homicide here is used in a generic sense to include multiple homicide, murder,
parricide, or even infanticide as where the offenders killed a child two days old which was
disturbed in its sleep and began to cry when they were about to take personal property in
the house.
Note: As long as homicide is committed by reason or on occasion of an attempted or

frustrated robbery, the penalty is the same (reclusion temporal maximum period to
reclusion perpetua).
Note: Read the case of People vs. Aleman, G.R. No. 181539, July 24, 2013.
Note: Read the case of People vs. Barra, G.R. No. 198020, July 10, 2013.
Note: Read the case of Vidar vs. People, G.R. No. 177361, February 1, 2010.
___________________________________
6. EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMDATION (ART. 298) –
Elements:
(b) Offender compels another to sign, execute or deliver any public instrument or
document;
(c) The compulsion is by means of violence or intimidation; and
(d) Offender’s intention is to defraud another.
Note: Offender is guilty of robbery. Offender has intent to defraud another; offender
compels him to sign, execute or deliver any public instrument or document; the compulsion
is by means of violence or intimidation.
Note: The document must be public, hence, this article will not apply when what is
delivered is a private or commercial document.
___________________________________
7. ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO

WORSHIP (ART. 299) –
Elements:
(a) Offender is any armed person; and
(b) Offender commits robbery in an inhabited house or public building or edifice devoted to
religious worship.
Note: If the robbery be committed in one of the dependencies of an inhabited house,

public building, or building dedicated to religious worship, the penalties next lower in
degree than those prescribed in this article shall be imposed.
Note: But not all force upon things make the crime robbery, the force employed to be
robbery must be under exclusive enumeration of Art. 299.
Note: If the offender ransacked a warehouse by breaking the lock and thereafter set fire to
the warehouse. The crimes committed are robbery with force upon things and separate
charge of arson because the robbery was not with violence against person but with force
upon things.
Note: Robbery with force upon things is committed –
(1) Where the offender entered the premises where the robbery was committed and the
entering was done in any of the following ways:
(a) through an opening not intended for entrance or exit (like the window);
(b) by breaking door, floors, walls, roof of such premises;

(c) using fictitious name or simulating names of public authority; or
(d) by using picklocks, false keys and similar tools.
(2) Where the offender managed to enter the premises where personal property was taken
without resorting to above-mentioned cases or where he is an insider of said place, if he
would break open any lock or sealed cabinet, furniture or receptacle from where personal
property was taken; and
(3) Where the offender managed to enter the premises without resorting to any of the
means enumerated in number1 and no breaking enumerated under number2 but offender
brought out of premises any lock or sealed cabinet, furniture or receptacle to be broken.
___________________________________
9. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND (ART. 300) –
Elements:
(a) Offender commits robbery under Art. 299; and
(b) The robbery is committed in an uninhabited place or by a band.
___________________________________
10. WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING OR BUILDING DEDICATED TO

RELIGIOUS WORSHIP AND THEIR DEPENDENCIES (ART. 301) –
Note: Inhabited house is any shelter, ship or vessel constituting the dwelling of one or more
persons, even though the inhabitants thereof shall temporarily be absent therefrom when
the robbery is committed.
Note: Dependencies of an inhabited house, public building or building dedicated to

religious worship includes all interior courts, corrals, waterhouses, granaries, barns, coach-
houses, stables or other departments or inclosed places contiguous to the building or
edifice, having an interior entrance connected therewith, and which form part of the whole.
Note: Dependencies of an inhabited house, public building or building dedicated to

religious worship do not include orchards and other lands used for cultivation or production
even if closed, contiguous to the building and having direct connection therewith.
Note: Public building includes every building owned by the Government or belonging to a
private person not included used or rented by the Government, although temporarily
unoccupied by the same.
Note: The place is inhabited even if the occupant is absent so long as it is ordinarily
inhabited and is intended as a dwelling.
___________________________________
11. ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING (ART. 302)
Note: Robbery is committed in an uninhabited place or in a building other than those

mentioned in the first paragraph of Article 299 under any of the following circumstances –
(a) Entrance effected through any opening not intended for entrance or egress;
(b) Any wall, roof, floor or outside door or window has been broken, (c) entrance has been
effected through use of false keys, picklocks or other similar tools;
(d) Any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has been
broken, or
(e) If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been
removed even if the same to broken open elsewhere.
Note: In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code, when
the property taken is mail matter or large cattle, the offender shall suffer the penalties next
higher in degree than those provided in said articles.
___________________________________
12. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR

PRIVATE BUILDING (ART. 303) – The robbery consists in taking of cereal, fruits or
firewood in the cases enumerated in Articles 299 and 302.
___________________________________
13. POSSESSION OF PICKLOCKS OR SIMILAR TOOLS (ART. 304) –

(a) Possessing, without lawful cause, picklocks or other similar tools especially adopted to
the commission of the crime of robbery; and
(b) Using such tools.
(b) Offender without lawful cause possesses picklocks or similar tools especially adopted to
the commission of the crime of robbery.
(b) Offender makes use of such tools.
Note: If the offender be a locksmith, higher penalty.
___________________________________
14. FALSE KEYS (ART. 305) – false keys include: (a) tools mentioned in the next preceding
articles; (b) genuine keys stolen from the owner; (c) any keys other than those intended by
the owner for use in the lock forcibly opened by the offender.”
___________________________________
15. BRIGANDS/HIGHWAY ROBBERS (ART. 306)
Note: Brigands or Highway Robbers require –
(a) More than three armed persons forming a band of robbers; and
(b) Their purpose is to commit robbery in the highway, or kidnapping persons for the
purpose of extortion or to obtain ransom or for any other purpose to be attained by means
of force and violence.
Note: Penalty depends on whether or not the act or acts committed by them are not
punishable by higher penalties.
Note: This is a crime committed by more than 3 armed persons who form a band of robbers
for the purpose of committing robbery in the highway or kidnapping persons for the
purpose of extortion or to obtain ransom, or for any other purpose by means of force and
violence.
Note: In relation to P.D. No. 532 (The Highway Robbery Law), it does not follow that the
crime is brigandage when the person committed robbery on a public highway. The crime
may still be robbery. A robbery committed in a public highway is robbery if the given facts
do not indicate that person committing robbery in highways do it with frequency.
Note: If any of the arms carried by any of said persons be an unlicensed firearms, it shall be
presumed that said persons are highway robbers or brigands, and in case of convictions the
penalty shall be imposed in the maximum period.
Note: Essence of highway robbery/or brigandage – offenders carry out felonious activities
in highways, no pre-determined victims, all commuters are possible victims provided
opportunity presents itself.
Note: Brigandage under Art. 306 presumes that, if any member of the band carries an
unlicensed firearm, they are brigands (such presumption does not exist in PD532). However,
mere fact that 4 armed malefactor committed highway robbery makes the crime of
brigandage. It may only be robbery by a band absent proof of felonious act on frequent
basis.
___________________________________
16. AIDING & ABETTING A BAND OF BRIGANDS (ART. 307) –
Elements:
(b) Offender knowingly and in any manner aiding, abetting or protecting a band of
brigands, or gives them information of the movements of the police or other peace officers
of the Government, when the latter are acting in aid of the Government, or acquiring or
receiving the property taken by such brigands.
Note: It shall be presumed that the person performing any of the acts provided in this
article has performed them knowingly, unless the contrary is proven.
___________________________________
17. THEFT (ART. 308)
Note: Theft is committed by any person who, with intent to gain but without violence
against or intimidation of persons or force upon things, shall take personal property of
another without the latter’s consent.
Note: Four Offenses punished by the Article –
(a) Taking personal property of another with intent to gain without violence against or
intimidation of persons or force upon things;
(b) Failing to deliver lost property found to the local authorities or to its owner; and
(c) Removing or making use of the fruits or object maliciously damaged; and
(d) Entering an enclosed estate or field owned by another without consent and where
trespass is forbidden and hunting or fishing thereon or gathering cereals or other forest or
farm products.
(b) Offender takes personal property of another;
(c) Taking is with intent to gain;
(d) Taking is without violence against or intimidation of persons or force upon things; and
(d) Taking is without the owner’s consent.

(b) Offender found lost property; and
(c) Offender fails to deliver the same to the local authorities or to its owner.
(b) Offender removes or makes use of the fruits of an object; and
(c) The removal or use is after offender had maliciously damaged the property of another.
(b) Offender enters an enclosed estate or field where trespass is forbidden or which belongs
to another and without its owner’s consent; and
(c) Offender hunts or fishes upon the same or gathers cereals or other forest or farm
products.
Note: Read the case of Beltran vs. CA, G.R. No. 181355, March 30, 2011.
___________________________________
18. QUALIFIED THEFT (ART. 310)
Elements:
(a) Offender commits theft under Art. 309;
(b) The theft is committed by a domestic servant or with grave abuse of confidence or the
property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken
from the premises of the plantation or fish taken from a fishpond or fishery, or the property
is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance.
Note: Where there is abuse of confidence, only the person who enjoyed the confidence is
liable for qualified theft, the other conspirators not enjoying said confidence is only liable
for simple theft (this is the exception to general rule that the act of one is the act of all),
thus, apply in this case Art. 62.
Note: Theft by housemate is not always qualified because while this fact constitutes a
certain abuse of confidence since living together under the same roof engenders some
confidence, it is not necessarily grave. The fact of living together in the same house may be
accidental and the goods stolen might not have been entrusted to the custody or vigilance
of the accused.
Note: Theft of large cattle is qualified theft and may be committed when the owner
entrusted to another the material possession of large cattle and the offender
misappropriated the same. As against PD533 (Anti-Cattle Rustling Act), the act penalized is
the taking or killing of cattle and intent to gain is not necessary.
Note: When material possession and juridical possession is entrusted to another, the
misappropriation committed is ESTAFA. When the material possession but the juridical
possession is entrusted to another, the misappropriation is THEFT. Where what is
misappropriated is large cattle/motor vehicle is QUALIFIED THEFT.
Note: Read the case of People vs. Tanchanco, G.R. No. 177761, April 18, 2012.
Note: In Qualified theft of motor vehicle, the vehicle is received by offender from owner, the
transfer only involves material possession and there is misappropriation, As against PD6539
(ANTI-CARNAPPING LAW), the essence is the theft or robbery and what is punished is the
taking.
Note: Read the case of People vs. Mallari, G.R. No. 179041, April 1, 2013.
Note: Qualified theft of coconut means that the coconut is inside the plantation. In qualified
theft of fish, the fish must be inside the fishpond (the law protects the propagation of fish, if
the fish inside the fishpond is already dead, this is only simple theft).
Note: Under Anti-Fencing Law (PD#1612), a person possessing personal property subject
of a recent theft/robbery is presumed to be a fence.
Note: Read the case of Dimat vs. People, G.R. No. 181184, January 25, 2012.
Note: Read the case of Ong vs. People, G.R. No. 190475, April 10, 2013.
Note: Qualified Theft of motor vehicle (vehicle is received by offender from the owner;
transfer only of material possession and there is misappropriation); PD639 (Carnapping Law;
essence is theft or robbery; what is punished is the taking).
___________________________________
20. THEFT OF PROPERTY OF NATIONAL LIBRARY & NATIONAL MUSEUM (ART. 311)
Elements:
(a) Offender commits theft;
(b) The property stolen belongs to the National Library or the National Museum.
___________________________________
21. OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN

PROPERTY (ART. 312)
Note: The essence of this crime is identical to robbery with violence/intimidation against
persons except that the subject is REAL PROPERTY. Hence, where grave threat is resorted to
by a person to gain possession of real property, the grave threats is only a means to the
crime of USURPATION OF REAL PROPERTY.
Elements:
(b) Offender takes possession of any real property or usurps any real rights in property
belonging to another; and
(c) The taking or usurpation is by means of violence against or intimidation of persons.”
Note: The crime requires violence or intimidation in taking possession of real property
otherwise, if only stealth or strategy or other means, only civil liability.
___________________________________
22. ALTERING BOUNDARIES OR LANDMARKS (ART. 313) –
Elements:
(b) Offender alters the boundary marks or monuments of towns, provinces, or estates, or
any other marks intended to designate the boundaries of the same.
Note: Intent to gain is not necessary. Mere alteration of the boundary marks or monuments
intended to designate the boundaries of towns, provinces or estate is punishable.
___________________________________
23. FRAUDULENT INSOLVENCY (ART. 314) –

Elements:
(b) Offender absconds with his property to the prejudice of his creditors.
Note: Offender being a merchant results in higher penalty.
Note: Insolvency Law requires for its application that the criminal act should have been
committed after the institution of insolvency proceedings. This article has no such
requirement, and it is not necessary for the offender to have been adjudged bankrupt or
insolvent.
___________________________________
24. SWINDLING/ESTAFA (ART. 315)
Elements:
(b) Offender defrauds another; and
(c) Defraudation is done with unfaithfulness or abuse of confidence or by means of falses

pretenses or fraudulent acts or through fraudulent means.
Note: Unfaithfulness or abuse of confidence is done by (key: A-M-T) –
(a) Altering the substance, quality or anything of value which the offender shall deliver by
virtue of an obligation to do so, even though such obligation be based on an immoral or
illegal consideration;
(b) Misappropriating or converting, to the prejudice of another, money, goods, or any other
personal property received by the offender in trust or on commission, or for administration,
or under any other obligation involving the duty to make delivery of or to return the same,
even though such obligation be totally or partially guaranteed by a bond; or by denying
having received such money, goods, or other property; or
(c) Taking undue advantage of the signature of the offended party in blank, and by writing
any document above such signature in blank, to the prejudice of the offended party or of
any third person.
Note: False pretenses or fraudulent acts executed prior to or simultaneously with the
commission of the fraud consists of (key: P-A-P-O-U) –
(a) Using fictitious name, or falsely pretending to possess power, influence, qualifications,
property, credit, agency, business or imaginary transactions or other similar deceits;
(b) Altering the quality, fineness or weight of anything pertaining to offender’s art or
business.
(c) Pretending to have bribed any Government employee, without prejudice to the action
for calumny which the offended party may deem proper to bring against the offender;
(d) Post-dating a check or issuing a check in payment of an obligation when the offender
had no sufficient funds to cover the amount of the check; or
(e) Obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding
house, lodging house, or apartment house and the like without paying therefor, with intent
to defraud the proprietor or manager thereof, or obtaining credit at a hotel, inn, restaurant,
boarding house, lodging house, or apartment house using any false pretense, or
abandoning or surreptitiously removing any part of his baggage from a hotel, inn,
restaurant, boarding house, lodging house or apartment house after obtaining credit, food,
refreshment or accommodation therein without paying for his food, refreshment or
accommodation.
Note: Fraudulent means consists of (key: I-R-R) –
(a) Inducing another, by means of deceit, to sign any document;
(b) Resorting to some fraudulent practice to insure success in a gambling game; or
(c) Removing, concealing or destroying, in whole or in part, any court record, office files,
documents or other papers.
Note: The crime of estafa cannot be prosecuted without PECUNIARY VALUE, the penalty is
based on the value of the property, except in Art. 318 where the offender incurs liability for
preying on the credulity of the offended party.
Note: In estafa through misappropriation, where the offended party entrusted the money or
other personal property of value to another for a commission or otherwise with the
obligation to return. This arises when the same property (like money with determined serial
number/denomination) is to be returned. If money is entrusted for a specific purpose but
entrustee appropriated it for a different personal purpose, this is estafa. VIOLATION OF
TRUST RECEIPT IS ESTAFA.
Note: In estafa through deceit or false pretense, the deceit or false pretense must bring
about the damage. It is deceit or false pretense that induced the offended party to enter
into a contractual relation with the offender or another. The deceit or false pretense must be
antecedent to a contract. If it is merely subsequent, this is civil liability.
Note: Read the case of Espino vs. People, G.R. No. 188217, July 3, 2013.
Note: Read the case of People vs. Cardenas, G.R. No. 178064, February 10, 2009.
Note: In relation to BP22, the issuance of a worthless check is ESTAFA where the offended
party would not have parted with his property had it not been for the check delivered to
him, ergo, the transaction involves simultaneous exchange. Otherwise, the implication is that
the other party extended his goods on credit, hence, no estafa but may be violation of BP22.
Note: Under BP22, the GRAVAMEN is KNOWINGLY issuing a check without sufficient funds.
This presumption is negated by the issuer paying within 5 banking days from notice of
dishonor. BP22 operates when the check is issued for value or to apply for an account but
the check has insufficient funds and has been dishonored by the drawee bank. MERE
ISSUANCE OF SUCH A CHECK IS PUNISHABLE.
Note: Distinctions between B.P. Blg. 22 and ESTAFA –
(a) In BP22, only the drawer or person who signed the check for a juridical or artificial
person are liable; indorsers are not liable; even checks issued in payment of pre-existing
obligations are covered if they bounce and are not paid as the mere issuance of a bad check
constitutes the crime; violation is a malum prohibitum hence good faith is not a defense;
violation is regarded as a crime against public interest because it affects the entire banking
system; and deceit or damage are not elements of the crime; drawer or issuer is given 5
banking days after receiving notice of dishonor within which to pay the value of the check
or make arrangements for the payment thereof.
(b) In estafa (with a check), not only the drawer but also indorsers who acted with deceit
knowing that the check is worthless are criminally liable; issuance of the check should be
means to obtain value or consideration from the payee, the offender must obtain money or
property from the offended party because of issuance of the check, that is, the latter would
not have parted with his property or money were it not for the check’s delivery; the crime is
malum in se, hence, good faith or lack of intent to deceive and cause damage is a defense;
estafa is essentially a crime against property; false pretense or deceit and damage (or at
least intent to cause damage) are essential and false pretense must be prior to or
simultaneous with damage caused; the drawer or issuer of the check is given only 3 days
from receipt of notice of dishonor to make good the value of the check.
Note: In estafa with abuse of confidence, there must be obligation on offender’s part to the
very property that he took.
Note: Read the case of Resterio vs. People, G.R. No. 177438, September 24, 2012.
___________________________________
25. OTHER FORMS OF SWINDLING (ART. 316) –
Note: Six Offenses punished by the Article –
(a) Pretends to be the owner of real property and conveys, sells, encumbers or mortgages
the same;
(b) Disposes of real property knowing it to be encumbered although the encumbrance is

not recorded;
(c) Despite being the owner, wrongfully takes it from the lawful possessor to the prejudice
of the latter or any third person.
(d) Executes a fictitious contract to the prejudice of another;
(e) Accepts compensation given for payment of services not actually performed; and
(f) Sells real property with which he guaranteed his obligations as a surety in a bond without
express court authority or cancellation of said bond or before being relieved from said
obligation.
(b) Offender pretends to be the owner of any real property; and
(c) Offender conveys, sells, encumbers or mortgages the same.
(b) Offender disposes of real property; and
(c) Offender knows that said real property is encumbered although such encumbrance be
not recorded.
(a) Offender is the owner of personal property;

(b) Offender wrongfully takes it from its lawful possessor, to the prejudice of the latter or
any third person.
(b) Offender executes any fictitious contract to the prejudice of another.
Elements of Fifth Offense:
(b) Offender accepts any compensation given him under the belief that it was in payment of
services rendered or labor performed by him; and
(c) Offender in fact did not actually perform such services or labor.”
Elements of Sixth Offense:
(a) Offender is a surety in a bond given in a criminal or civil action; (b) Offender sells,
mortgages or in any other manner encumbers the real property or properties with which he
guaranteed the fulfillment of his obligation;
(c)Offender has not secured express court authority or cancellation of his bond or has not
been relieved from his obligation.
Note: This involves deceits. One who sells encumbered property whether such
encumbrance is registered or not may be liable. However, it is not the mere act of selling
encumbered property that brings about estafa. It is the misrepresentation in the sale that
bring about estafa, i.e. that the property is free from any encumbrance or lien.
Note: Notice of lis pendens is not a lien or encumbrance but a mere notice to 3 rd persons
that the property involved is subject of conflicting claims.
Note: Where property is offered for trial demonstration subject to a period for return, upon
the expiration of which the property is deemed sold. The failure to return and the
conversion of such property does not make one liable for estafa. This is a civil cause of
action, the property having been deemed sold already.
___________________________________
26. SWINDLING A MINOR (ART. 317) –
Elements:
(b) Offender takes advantage of the inexperience or emotions or feelings of a minor, to his
detriment;
(c) Offender induces the minor to assume any obligation or to give any release or execute a
transfer of any property right in consideration of some loan of money, credit or other
personal property, whether the loan clearly appears in the document or is shown in any
other form.
___________________________________
27. OTHER DECEITS (ART. 318) –
(a) Defrauds or damages another by any other deceit not mentioned in the preceding
article; and
(b) With intent to gain or profit, interprets dreams, makes forecasts, tells fortunes or takes
advantage of the credulity of the public or in any other similar manner.
(b) Offender defrauds or damages another; and
(c) Defraudation is by any other deceit not mentioned in the preceding articles.
Element of Second Offense:
(b) Offender, with intent of profit or gain, interprets dreams, makes forecasts, tells fortunes,
or takes advantage of the credulity of the public in any other similar manner.”
Note: A person who presents himself to another to serve as a domestic helper and obtains
money in advance and later, on some pretext, leaves the service is guilty of estafa under this
article.
___________________________________
28. REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY (ART. 319)
(a) Knowingly removes any personal property mortgaged under the Chattel Mortgage Law
to any province or city other than the one in which it was located when the mortgage was
executed; and
(b) Sells or pledges personal property already pledged under the terms of the Chattel
Mortgage Law with the mortagee’s consent and recorded in the Registry of Deeds.
(b) Offender knowingly removes any personal property mortgaged under the Chattel
Mortgage Law to any province or city other than the one in which it was located at the time
of the execution of the mortgage; and
(c) Such removal is without the written consent of mortgagee, his executors, administrators
or assigns.

(a) Offender is any mortgage;
(b) Offender sells or pledges personal property;
(c) Such property or any part thereof is already pledged under the terms of the Chattel
Mortgage Law;
(d) Offender’s sale or pledge is without the mortgagee’s consent written on the back of the
mortgage and noted on the record in the Register of Deeds of the province where such
property is located.
Note: The purpose of this article is to deter mortgage debtors who obtained secured loans
from violating the provisions of their loan agreements and thereby protecting the mortgage
creditors against loss or inconvenience resulting from the mortgaged property’s wrongful
removal or sale.
Note: Distinguished from Art. 316 (estafa by disposing of encumbered property). In both
offenses there is the selling of a mortgaged property. In estafa under Art. 316(2) the
property involved is real property, in sale of mortgaged property, it is personal property. To
commit estafa it is sufficient that the real property mortgaged be sold as free, even though
the vendor may have obtained the consent of the mortgagee in writing. Selling or pledging
personal property already pledged or mortgaged is committed by the mere failure to obtain
the consent of the morrtgagee in writing even if the offender should inform the buyer that
the thing sold is mortgaged. The purpose of the law in Art. 319 is to protect the mortgagee,
in Art. 316, the purpose is to protect the purchaser, whether the first or the second.
___________________________________
29. DESTRUCTIVE ARSON (ART. 320) – Arson is the destruction of property through the
use of fire or any pyrotechnic.
Elements:
(b) Offender burns any arsenal, shipyard, storehouse or military powder or fireworks factory,
ordinance, storehouse, archives or general museum of the Government, or any passenger
train or motor vehicle in motion or vessel out of port, or any storehouse or factore of
inflammable or explosive materials in an inhabited place.
Note: Read the case of People vs. Murcia, G.R. No. 182460, March 9, 2010.
Note: There are two kinds of arson, namely: destructive arson under Art. 320RPC and simple
arson under PD1316. The classification is based on the kind, character and location of the
property burned, regardless of the value of the damage caused. Art. 320 contemplates the
malicious burning of structures, both public and private, hotels, buildings, edifices, trains,
vessels, aircraft, factories and other military, government or commercial establishments by
any person or group of persons. On the other hand, PD1316 covers houses, dwellings,
government buildings, farms, mills, plantations, railways, bus stations, airports, wharves and
other industrial establishments. A close examination of the records, as well as the
description of the crime stated in the information, reveals that the crime committed is in fact
simple arson because the burned properties are residential houses.
Note: Read the case of People vs. Macanbado, G.R. NO. 188708, July 31, 2013.
Note: Under PD1613, any burning of property, destroying the same is arson; even if the
property burned is property of arsonist, he may still be liable for arson if the burning was
done to defraud the creditor or even if burning is necessary where he burned his property in
a place where there is danger of burning the property of others.
Note: If burning is with intent to kill, the crime is MURDER with use of fire. If the primary
intent is to destroy the property with use of fire, the crime is arson.
Note: PD163 which repealed Art. 321 to 326-B of the Code remains the governing law for
simple arson. This decree contemplates the malicious burning of public and private
structures regardless of size not included under Art. 320 and classified as other cases of
arson. These include houses, dwellings, government buildings, farms, mills, plantations,
railways, bus stations, airports, wharves and other industrial establishments. Although the
purpose of the law on simple arson is to prevent the high incidence of fires and other
crimes involving destruction, protect national economy and preserve the social, economic
and political stability of the nation, PD 1613 tempers the penalty to be meted to offenders.
This separate classification of simple arson recognizes the need to lessen the severity of
punishment commensurate to the act/s committed depending on the particular facts of
each case.
___________________________________
38. MALICIOUS MISCHIEF (ART. 327)
Elements:
(b) Offender deliberately causes any damage to another’s property; and
(c) Such damage does not fall within the terms of the next preceding chapter.
Note: Malicious mischief is the willful damaging of another’s property for the sake of
causing damage due to hate, revenge or other evil motive.
Note: Malicious mischief is DOLO; willful destruction of property of another; the intent to
destroy property of another must be clear absent which the crime is only UNJUST
VEXATION. Thus, B stoned C’s house and broke the windows. The crime is only unjust
vexation absent proof of intent to destroy the house of B.
Note: When fire is used to deliberately damage the property of another, the crime is no
longer malicious mischief but arson.
Note: Damage means not only loss but also diminution of what is a man’s own. Thus,
damage to another’s house includes defacing it.
Note: If after damaging the property, the offender removes or makes use of the fruits or
objects of the damage, it is theft (Art. 309[2]).
Note: Read the case of Taguinod vs. People, G.R. No. 185833, October 12, 2011.
___________________________________
39. SPECIAL CASES OF MALICIOUS MISCHIEF (ART. 328)
Elements:
(b) Offender causes damage to obstruct performance of public functions or uses poisonous
or corrosive substance, or spreads any infection or contagion among cattle or causes
damage to property of the National Museum or National Library or any , archive or registry,
waterworks, road, promenade, or any other thing used in common by the public.
Note: The penalty for the crime depends on the value of the property damaged.
___________________________________
40. DAMAGE & OBSTRUCTION TO MEANS OF COMMUNICATION (ART. 330)
Elements:
(b) Offender damages any railway, telegraph or telephone lines.
Note: Penalty higher (without prejudice to the criminal liability of the offender for the other
consequences of his criminal act) if damage result in derailment of cars, collision or other
accident.
Note: For the purpose of the provisions of this article, the electric wires, traction cables,
signal system and other things pertaining to railways, shall be deemed to constitute an
integral part of a railway system.
___________________________________
42. DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS

(ART. 331)
Elements:
(b) Offender destroys or damages statues or any other useful or ornamental public
monument.
___________________________________
43. PERSONS EXEMPT FROM CRIMINAL LIABILITY (ART. 332)
Note: No criminal but only civil liability for the crimes of theft, swindling or malicious
mischief committed or caused mutually by the following persons:
(a) Spouses, ascendants and descendants, or relatives by affinity in the same line;
(b) The widowed spouse with respect to the property which belonged to the deceased
spouse before the same shall have passed into the possession of another; and
(b) Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
Note: The criminal exemption does not apply to stranger participating in the commission of
any of said crimes.
Note: The exemption only applies to the crimes of THEFT (includes Qualified Theft), ESTAFA
and MALICIOUS MISCHIEF.
Note: The exemption lies only when ESTAFA is not complex with any crime. Thus, B tore a
check from his brother C’s checkbook and went to a gas station and exchanged the check. A
is liable for estafa through falsification commercial document, no exemption because here
estafa is complex.
Note: Spouses includes common-law spouses. Ascendants include step-parents and step-
children, brothers-in-law and sisters-in-law must be living together contemplating a
community of property.
Note: The exemption given exists due to the law’s recognition of the presumed co-
ownership of the property between the offender and the offended party.
Note: Read the case of Intestate Estate of De Carungcong vs. People, G.R. No. 181409,
February 11, 2010.
___________________________________

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A.

2. SOURCES OF PHILIPPINE CRIMINAL LAW –

(ii) criminal exemptin based on treaty stipulations;

Note: See Rule 5, Art. 62 for habitual delinquency.

(a) As to Manner/Mode of Execution (Art. 3) –

(i) Intentional Felonies – committed by means of deceit or malice (freedom, intelligence,

(c) According to Gravity (Art. 9) –

(a) commits a felony which he intended (Art. 4, RPC);

(a) Principals (Art. 17) –

(iii) By Indispensable Cooperation – cooperate in the execution of the offense by another

(a) Title I – Crimes against National Security and Law of Nations

(b) Title II – Crimes against Fundamental Law of the State

(c) Title III – Crimes against Public Order

(d) Title IV – Crimes against Public Interest

(e) Title V – Crimes relative to Opium and other Prohibited Drugs

(f) Title VI – Crimes against Public Morals

(g) Title VII – Crimes committed by Public Officers

(h) Title VIII – Crimes against Persons

(i) Title IX – Crimes against Personal Liberty and Security

(k) Title XI – Crimes against Chastity

(l) Title XII – Crimes against Civil Status of Persons

(m) Title XIII – Crimes against Honor

(n) Title XIV – Quasi-Offenses

B. CRIMES AGAINST NATIONAL SECURITY AND

LAW OF NATIONS (TITLE I)

1. TREASON (ART. 114) - a breach of allegiance to the government committed by a person

(a) offender is a Filipino or resident alien;

Note: Two modes of committing treason –

2. CONSPIRACY & PROPOSAL TO COMMIT TREASON (ART. 115) – Generally, conspiracy

Elements of Conspiracy to Commit Treason:

(a) offenders are two or more persons;

(c) offenders decide to commit it.

(b) offender proposes its execution to some other person/s.

3. MISPRISION OF TREASON (ART. 116) – This is a crime of omission as an exception to

(ii) offender has knowledge of a conspiracy against the Government;

Note: The crime cannot be committed by a resident alien.

4. ESPIONAGE (ART. 117) – This is the offense of gathering, transmitting or losing

Note: Two ways of committing Espionage –

(a) Entering a warship, fort or naval/military establishment to obtain confidential

(ii) Disclosure of contents of confidential information relative to Philippine defense to a

Elements of First Offense:

Elements of Second Offense:

(a) Offender is a public officer;

(c) Offender discloses such data or information to a foreign nation’s representative.

(a) Offender is a public officer/employee or private individual;

(b) Offender performs unlawful or unauthorized acts;

Note: Offender’s intention is immaterial. If the unlawful/unauthorized acts, like raising

(a) Offender is any person;

(c) The issued regulation is for the purpose of enforcing neutrality.

(a) Offender is any person;

(c) Such correspondence is made in time of war.

Note: Penalty varies depending on whether the correspondence:

(a) has been prohibited by the Government;

(b) be carried on in ciphers or conventional signs;

(a) Offender is any person owing allegiance to the Government;

(b) Offender tries to flee or go to any enemy country;

(c)Such act is prohibited by competent authority.

Note: Two Ways of Committing Piracy –