against the Philippines or adheres to her enemies, giving

them aid or comfort within the Philippines or elsewhere, shall

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ARTICLE 117. be convicted—ofThe
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 ARTICLE 156. Delivery of prisoners from jails. - The penalty
of arresto mayor in its maximum period of prision correccional
in its minimum period shall be imposed upon any person who
shall remove from any jail or penal establishment any person
confined therein or shall help the escape of such person, by
means of violence, intimidation, or bribery. If other means are
used, the penalty of arresto mayor shall be imposed.
ARTICLE 157.ofEvasion
If the escape of service
the prisoner shall of sentence.
take - The penalty
place outside of said
of
establishments by taking the guards by surprise, theperiods
prision correccional in its medium and maximum same
shall penalties
be imposed upon
shall be any convict
imposed who minimum
in their shall evade service of
period.
his sentence by escaping during the term of his imprisonment
by reason of final judgment.

However, if such evasion or escape shall have taken place by

means of unlawful entry, by breaking doors, windows, gates,
walls, roofs, or floors, or by using picklocks, false keys, deceit,
violence or intimidation, or through connivance with other
convicts or employees of the penal institution, the penalty
shall be prision correccional in its maximum period.

ARTICLE 158. Evasion of service of sentence on the

occasion of disorder, conflagrations, earthquakes, or other
calamities. - A convict who shall evade the service of his
sentence, by leaving the penal institution where he shall have
been confined, on the occasion of disorder resulting from a
conflagration, earthquake, explosion, or similar catastrophe,
or during a mutiny in which he has not participated, shall
suffer an increase of one-fifth of the time still remaining to be
served under the original sentence, which in no case shall
exceed six months, if he shall fail to give himself up to the
authorities within forty-eight hours following the issuance of a
proclamation by the Chief Executive announcing the passing
away of such calamity.

Convicts who, under the circumstances mentioned in the

preceding paragraph, shall give themselves up to the
authorities within the above mentioned period of 48 hours,
shall be entitled to the deduction provided in Article 98.

ARTICLE 159. Other cases of evasion of service of sentence.

- The penalty of prision correccional in its minimum period
shall be imposed upon the convict who, having been granted
conditional pardon by the Chief Executive, shall violate any of
the conditions of such pardon. However, if the penalty
remitted by the granting of such pardon be higher than six
years, the convict shall then suffer the unexpired portion of his
original sentence.
ARTICLE 160. Commission of another crime during service of
penalty imposed for another offense; Penalty. - Besides the
provisions of Rule 5 of Article 62, any person who shall
commit a felony after having been convicted by final
judgment, before beginning to serve such sentence, or while
serving the same, shall be punished by the maximum period
of the penalty prescribed by law for the new felony.

Any convict of the class referred to in this article, who is not a

habitual criminal, shall be pardoned at the age of seventy
years if he shall have already served out his original
sentence, or when he shall complete it after reaching the said
age, unless by reason of his conduct or other circumstances
he shall not be worthy of such clemency.

ARTICLE 161. Counterfeiting the great seal of the

Government of the Philippine Islands, forging the signature or
stamp of the Chief Executive. - The penalty of reclusion
temporal shall be imposed upon any person who shall forge
the Great Seal of the Government of the Philippine Islands or
the signature or stamp of the Chief Executive.

ARTICLE 162. Using forged signature or counterfeit seal or

stamp. - The penalty of prision mayor shall be imposed upon
any person who shall knowingly make use of the counterfeit
seal or forged signature or stamp mentioned in the preceding
article.

ARTICLE 163. Making and importing and uttering false coins.

- Any person who makes, imports, or utters, false coins, in
connivance with counterfeiters, or importers, shall suffer:

1. Prision mayor in its minimum and medium periods and a

fine not to exceed P10,000 pesos, if the counterfeited coin be
silver coin of the Philippines or coin of the Central Bank of the
Philippines of ten centavo denomination or above.

2. Prision correccional in its minimum and medium periods

and a fine of not to exceed P2,000 pesos, if the counterfeited
coins be any of the minor coinage of the Philippines or of the
Central Bank of the Philippines below ten-centavo
denomination.

3. Prision correccional in its minimum period and a fine not to

exceed P1,000 pesos, if the counterfeited coin be currency of
a foreign country. (As amended by R.A. No. 4202, approved
June 19, 1965).
 ARTICLE 164. Mutilation of coins; Importation and utterance
of mutilated coins. - The penalty of prision correccional in its
minimum period and a fine not to exceed P2,000 pesos shall
be imposed upon any person who shall mutilate coins of the
legal currency of the United States or of the Philippine Islands
or import or utter mutilated current coins, or in connivance
with mutilators or importers.

ARTICLE 165. Selling of false or mutilated coin, without

connivance. - The person who knowingly, although without
the connivance mentioned in the preceding articles, shall
possess false or mutilated coin with intent to utter the same,
or shall actually utter such coin, shall suffer a penalty lower by
one degree than that prescribed in said articles.
 ARTICLE 166. Forging treasury or bank notes on other
documents payable to bearer; importing, and uttering such
false or forged notes and documents. - The forging or
falsification of treasury or bank notes or certificates or other
obligations and securities payable to bearer and the
importation and uttering in connivance with forgers or
importers of such false or forged obligations or notes, shall be
punished as follows:

1. By reclusion temporal in its minimum period and a fine not

to exceed P10,000 pesos, if the document which has been
falsified, counterfeited, or altered, is an obligations or security
of the United States or of the Philippines Islands.

The word "obligation or security of the United States or of the

Philippine Islands" shall be held to mean all bonds,
certificates of indebtedness, national bank notes, fractional
notes, certificates of deposit, bills, checks, or drafts for
money, drawn by or upon authorized officers of the United
States or of the Philippine Islands, and other representatives
of value, of whatever denomination, which have been or may
be issued under any act of the Congress of the United States
or of the Philippine Legislature.

2. By prision mayor in its maximum period and a fine not to

exceed P5,000 pesos, if the falsified or altered document is a
circulating note issued by any banking association duly
authorized by law to issue the same.

3. By prision mayor in its medium period and a fine not to

exceed P5,000 pesos, if the falsified or counterfeited
document was issued by a foreign government.

4. By prision mayor in its minimum period and a fine not to

exceed P2,000 pesos, when the forged or altered document
is a circulating note or bill issued by a foreign bank duly
authorized therefor.
ARTICLE 167. Counterfeiting, importing and uttering
instruments not payable to bearer. - Any person who shall
forge, import or utter, in connivance with the forgers or
importers, any instrument payable to order or other document
of credit not payable to bearer, shall suffer the penalties of
prision correccional in its medium and maximum periods and
a fine not exceeding P6,000 pesos.

ARTICLE 168. Illegal possession and use of false treasury or

bank notes and other instruments of credit. - Unless the act
be one of those coming under the provisions of any of the
preceding articles, any person who shall knowingly use or
have in his possession, with intent to use any of the false or
falsified instruments referred to in this section, shall suffer the
penalty next lower in degree than that prescribed in said
articles.
 ARTICLE 169. How forgery is committed. — The forgery
referred to in this section may be committed by any of the
following means:

1. By giving to a treasury or bank note or any instrument

payable to bearer or to order mentioned therein, the
appearance of a true genuine document.
2. By erasing, substituting, counterfeiting or altering by any
means the figures, letters, words or signs contained therein.

ARTICLE 170. Falsification of legislative documents. - The

penalty of prisión correccional in its maximum two hundred
thousand pesos (₱1,200,000) shall be imposed upon any
person who, without proper authority therefor alters any bill,
resolution, or ordinance enacted or approved or pending
approval by either House of Congress or any provincial board
or municipal council. (As amended by R.A. No. 10951, August
29, 2017)

ARTICLE 171. Falsification by public officer, employee or

notary or ecclesiastic minister. - The penalty of prisión mayor
and a fine not to exceed One million pesos (₱1,000,000) shall
be imposed upon any public officer, employee, or notary who,
taking advantage of his of position shall falsify a document by
committing any of the following acts:

1. Counterfeiting or using any handwriting, signature or rubric;

2. Causing it to appear that persons have participated in any

act or proceeding when they did not in fact so participate;

3. Attributing to persons who have participated in an act or

proceeding statements other than those in fact made by them;

4. Making untruthful statements in a narration of facts;

5. Altering true dates;

6. Making any alteration or intercalation in a genuine

document which changes its meaning;

7 issuing in an authenticated form a document purporting to

be a copy of an original document when no such original
exists, or including in such a copy a statement contrary to, or
different from, that of the genuine original; or

8. Intercalating any instrument or note relative to the issuance

thereof in a protocol, registry, or official book.

The same penalty shall be imposed upon any ecclesiastical

minister who shall commit any of the offenses enumerated in
the preceding paragraphs of this article, with respect to any
record or document of such character that its falsification may
affect the civil status of persons. (As amended by R.A. No.
10951, August 29, 2017)
 ARTICLE 172. Falsification by private individual and use of
falsified documents. - The penalty of prisión correccional in its
medium and maximum periods and a fine of not more than
One million pesos (₱1,000,000) shall be imposed upon:

"1. Any private individual who shall commit any of the

falsifications enumerated in the next preceding article in any
public or official document or letter of exchange or any other
kind of commercial document;

"2. Any person who, to the damage of a third party, or with the
intent to cause such damage, shall in any private document
commit any of the acts of falsification enumerated in the next
preceding article; and

"3. Any person who shall knowingly introduce in evidence in

any judicial proceeding or to the damage of another or who,
with the intent to cause such damage, shall use any of the
false documents embraced in the next preceding article, or in
any of the foregoing subdivisions of this article, shall be
punished by the penalty next lower in degree. (As amended
by R.A. No. 10951, August 29, 2017)

ARTICLE 173. Falsification of wireless, cable, telegraph and

telephone messages, and use of said falsified messages. —
The penalty of prision correccional in its medium and
maximum periods shall be imposed upon officer or employee
of the Government or of any private corporation or concern
engaged in the service of sending or receiving wireless, cable
or telephone message who utters a fictitious wireless,
telegraph or telephone message of any system or falsifies the
same.

Any person who shall use such falsified dispatch to the

prejudice of a third party or with the intent of cause such
prejudice, shall suffer the penalty next lower in degree.
ARTICLE 174. False medical certificates, false certificates of
merits or service, etc. - The penalties of arresto mayor in its
maximum period to prisión correccional in its minimum period
and a fine not to exceed Two hundred thousand pesos
(₱200,000) shall be imposed upon:

1. Any physician or surgeon who, in connection with the

practice of his profession, shall issue a false certificate; and

2. Any public officer who shall issue a false certificate of merit

of service, good conduct or similar circumstances."

The penalty of arresto mayor shall be imposed upon any

private person who shall falsify a certificate falling within the
classes mentioned in the two (2) preceding subdivisions. (As
amended by R.A. No. 10951, August 29, 2017)

ARTICLE 175. Using false certificates. — The penalty of

arresto menor shall be imposed upon any one who shall
knowingly use any of the false certificates mentioned in the
next preceding Article.

ARTICLE 176. Manufacturing and possession of instruments

or implements for falsification. - The penalty of prisión
correccional in its medium and maximum periods and a fine
not to exceed One million pesos (₱1,000,000) shall be
imposed upon any person who shall make or introduce 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 mentioned in the
preceding section of this Chapter.

Any person who, with the intention of using them, shall have
in his possession any of the instruments or implements
mentioned in the preceding paragraphs, shall suffer the
penalty next lower in degree than that provided therein. (As
amended by R.A. No. 10951, August 29, 2017)
ARTICLE 177. Usurpation of authority or official functions. —
Any person who shall knowingly and falsely represent himself
to be an officer, agent or representative of any department or
agency of the Philippine Government or of any foreign
government, or who, under pretense of official position, shall
perform any act pertaining to any person in authority or public
officer of the Philippine Government or of any foreign
government, or any agency thereof, without being lawfully
entitled to do so, shall suffer the penalty of prision
correccional in its minimum and medium periods. (Restored
by E.O. No. 187.)

ARTICLE 178. Using fictitious name and concealing true

name - The penalty of arresto mayor and a fine not to exceed
One hundred thousand pesos (₱100,000) shall be imposed
upon any person who shall publicly use a fictitious name for
the purpose of concealing a crime, evading the execution of a
judgment or causing damage.

Any person who conceals his true name and other personal
circumstances shall be punished by arresto menor or a fine
not to exceed Forty thousand pesos (₱40,000). (As amended
by R.A. No. 10951, August 29, 2017)

ARTICLE 179. Illegal use of uniforms or insignia. — The

penalty of arresto mayor shall be imposed upon any person
who shall publicly and improperly make use of insignia,
uniforms or dress pertaining to an office not held by such
person or to a class of persons of which he is not a member
 ARTICLE 180. False testimony against a defendant. - Any
person who shall give false testimony against the defendant
in any criminal case shall suffer:

1. The penalty of reclusion temporal, if the defendant in said

case shall have been sentenced to death;

2. The penalty of prisión mayor, if the defendant shall have

been sentenced to reclusion temporal or reclusion perpetua;

3. The penalty of prisión correccional, if the defendant shall

have been sentenced to any other afflictive penalty; and

4. The penalty of arresto mayor, if the defendant shall have

been sentenced to a correctional penalty or a fine, or shall
have been acquitted.

In cases provided in subdivisions 3 and 4 of this article the

offender shall further a fine not to exceed Two hundred
thousand pesos (₱200,000). (As amended by R.A. No.
10951, August 29, 2017)

ARTICLE 181. False testimony favorable to the defendant. -

Any person who shall give false testimony in favor of the
defendant in a criminal case, shall suffer the penalties of
arresto mayor in its maximum period of prisión correccional in
its minimum period and a fine not to exceed Two hundred
thousand pesos (₱200,000), if the prosecution is for a felony
punishable by an afflictive penalty, and the penalty of arresto
mayor in any other case. (As amended by R.A. No. 10951,
August 29, 2017)

ARTICLE 182. False testimony in civil cases - Any person

found guilty of false testimony in a civil case shall suffer the
penalty of prisión correccional in its minimum period and a
fine not to exceed One million two hundred thousand pesos
(₱1,200,000), if the amount in controversy shall exceed One
million pesos (₱1,000,000), and the penalty of arresto mayor
in its maximum period to prisión correccional in its minimum
period and a fine not to exceed Two hundred thousand pesos
(₱200,000), if the amount in controversy shall not exceed said
amount or cannot be estimated. (As amended by R.A. No.
10951, August 29, 2017)
 ARTICLE 183. False testimony in other cases and perjury in
solemn affirmation. — The penalty of arresto mayor in its
maximum period to prision correccional in its minimum period
shall be imposed upon any person, who, knowingly makes
untruthful statements and not being included in the provisions
of the next preceding Articles, shall testify under oath, or
make an affidavit, upon any material matter before a
competent person authorized to administer an oath in cases
in which the law so requires.

Any person who, in case of a solemn affirmation made in lieu

of an oath, shall commit any of the falsehoods mentioned in
this and the three preceding Articles of this section, shall
suffer the respective penalties provided therein.

ARTICLE 184. Offering false testimony in evidence. — Any

person who shall knowingly offer in evidence a false witness
or testimony in any judicial or official proceeding, shall be
punished as guilty of false testimony and shall suffer the
respective penalties provided in this section.

ARTICLE 185. Machinations in public auctions. — Any

person who shall solicit any gift or a promise as a
consideration for refraining from taking part in any public
auction, and any person who shall attempt to cause bidders to
stay away from an auction by threats, gifts, promises, or any
other artifice, with intent to cause the reduction of the price of
the thing auctioned, shall suffer the penalty of prision
correccional in its minimum period and a fine ranging from 10
to 50 per centum of the value of the thing auctioned.
 ARTICLE 187. Importation and disposition of falsely marked
articles or merchandise made of gold, silver, or other precious
metals or their alloys. - The penalty of prisión correccional or
a fine ranging from Forty thousand pesos (₱40,000) to Two
hundred thousand pesos (₱200,000), or both, shall be
imposed upon any person who shall knowingly import or sell
or dispose of any article or merchandise made of gold, silver,
or other precious metals, or their alloys, with stamps, brands,
or marks which fail to indicate the actual fineness or quality of
said metals or alloys.

Any stamp, brand label, or mark shall be deemed to fail to

indicate the actual fineness of the article on which it is
engraved, printed, stamped, labeled or attached, when the
test of the article shows that the quality or fineness thereof is
less by more than one-half karat, if made of gold, and less by
more than four one-thousandth, if made of silver, than what is
shown by said stamp, brand, label or mark. But in case of
watch cases and flatware made of gold, the actual fineness of
such gold shall not be less than more than three one-
thousandth than the fineness indicated by said stamp, brand,
label, or mark. (As amended by R.A. No. 10951, August 29,
2017)
 ARTICLE 195. Acts punishable in gambling

ARTICLE 196. Importation, sale and possession of lottery

tickets or advertisements

ARTICLE 198. Illegal betting on horse races

 ARTICLE 200. Grave scandal. — The penalties of arresto
mayor and public censure shall be imposed upon any person
who shall offend against decency or good customs by any
highly scandalous conduct not expressly falling within any
other Article of this Code

ARTICLE 201. Immoral doctrines, obscene publications and

exhibitions and indecent shows - The penalty of prisión mayor
or a fine ranging from Twenty thousand pesos (₱20,000) to
Two hundred thousand pesos (₱200,000), or both such
imprisonment and fine, shall be imposed upon:

1. Those who shall publicly expound or proclaim doctrines

openly contrary to public morals;

2. a. The authors of obscene literature, published with their

knowledge in any form; the editors publishing such literature;
and the owners/operators of the establishment selling the
same;

b. Those who, in theaters, fairs, cinematographs or any other

place, exhibit indecent or immoral plays, scenes, acts or
shows, it being understood that the obscene literature or
indecent or immoral plays, scenes, acts or shows, whether
live or in film, which are prescribed by virtue hereof, shall
include those which: (1) glorify criminals or condone crimes;
(2) serve no other purpose but to satisfy the market for
violence, lust or pornography; (3) offend any race or religion;
(4) tend to abet traffic in and use of prohibited drugs; and (5)
are contrary to law, public orders, morals, and good customs,
established policies, lawful orders, decrees and edicts; and

3. Those who shall sell, give away or exhibit films, prints,

engravings, sculpture or literature which are offensive to
morals. (As amended by R.A. No. 10951, August 29, 2017)
ARTICLE 202. Prostitutes; Penalty. - For the purpose of this
article, women who, for money or profit, habitually indulge in
sexual intercourse or lascivious conduct, are deemed to be
prostitutes.

Any person found guilty of any of the offenses covered by this

article shall be punished by arresto menor or a fine not
exceeding Twenty thousand pesos (₱20,000), and in case of
recidivism, by arresto mayor in its medium period to prisión
correccional in its minimum period or a fine ranging from
Twenty thousand pesos (₱20,000) to Two hundred thousand
pesos (₱200,000), or both, in the discretion of the court. (As
amended by R.A. No. 10951, August 29, 2017)

ARTICLE 203. Who are public officers. — For the purpose of

applying the provisions of this and the preceding titles of this
book, 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, or 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, shall be deemed
to be a public officer.

ARTICLE 204. Knowingly rendering unjust judgment. — Any

judge who shall knowingly render an unjust judgment in any
case submitted to him for decision, shall be punished by
prision mayor and perpetual absolute disqualification.

ARTICLE 205. Judgment rendered through negligence. —

Any judge who, by reason of inexcusable negligence or
ignorance, shall render a manifestly unjust judgment in any
case submitted to him for decision shall be punished by
arresto mayor and temporary special disqualification.

ARTICLE 206. Unjust Interlocutory Order. — Any judge who

shall knowingly render an unjust interlocutory order or decree
shall suffer the penalty of arresto mayor in its minimum period
and suspension; but if he shall have acted by reason of
inexcusable negligence or ignorance and the interlocutory
order or decree be manifestly unjust, the penalty shall be
suspension.
 ARTICLE 207. Malicious Delay in the Administration of
Justice. — The penalty of prisión correccional in its minimum
period shall be imposed upon any judge guilty of malicious
delay in the administration of justice.

ARTICLE 208. Prosecution of Offenses; Negligence and

Tolerance. — The penalty of prisión correccional in its
minimum period and suspension shall be imposed upon any
public officer, or officer of the law, who, in dereliction of the
duties of his office, shall maliciously refrain from instituting
prosecution for the punishment of violators of the law, or shall
tolerate the commission of offenses.

ARTICLE 209. Betrayal of trust by an attorney or solicitor. -

Revelation of secrets. - In addition to the proper administrative
action, the penalty of prision correccional in its minimum
period, or a fine ranging from Forty thousand pesos (P40,000)
to Two hundred thousand pesos (P200,000), or both, shall be
imposed upon any attorney-at-law or any person duly
authorized to represent and/or assist a party to a case who,
by any malicious breach of professional duty or of inexcusable
negligence or ignorance, shall prejudice his client, or reveal
any of the secrets of the latter learned by him in his
professional capacity.

"The same penalty shall be imposed upon an attorney-at4aw

or any person duly authorized to represent and/or assist a
party to a case who, having undertaken the defense of a
client or having received confidential information from said
client in a case, shall undertake the defense of the opposing
party in the same case, without the consent of his first client.
(As amended by R.A. No. 10951, August 29, 2017)
 ARTICLE 210. Direct Bribery. — Any public officer who shall
agree to perform an act constituting a crime, in connection
with the performance of his official duties, in consideration of
any offer, promise, gift or present received by such officer,
personally or through the mediation of another, shall suffer
the penalty of prisión correccional in its minimum and medium
periods and a fine of not less than the value of the gift and not
more than three times such value, in addition to the penalty
corresponding to the crime agreed upon, if the same shall
have been committed.

If the gift was accepted by the officer in consideration of the

execution of an act which does not constitute a crime, and the
officer executed said act, he shall suffer the same penalty
provided in the preceding paragraph; and if said act shall not
have been accomplished, the officer shall suffer the penalties
of arresto mayor in its maximum period and a fine of not less
than the value of the gift and not more than twice such value.

If the object for which the gift was received or promised was
to make the public officer refrain from doing something which
it was his official duty to do, he shall suffer the penalties of
arresto mayor in its medium and maximum periods and a fine
of not less than the value of the gift and not more than three
times such value.

In addition to the penalties provided in the preceding

paragraphs, the culprit shall suffer the penalty of special
temporary disqualification.

The provisions contained in the preceding paragraphs shall

be made applicable to assessors, arbitrators, appraisal and
claim commissioners, experts or any other persons
performing public duties.

ARTICLE 211. Indirect Bribery. — The penalties of arresto

mayor, suspension in its minimum and medium periods, and
public censure shall be imposed upon any public officer who
shall accept gifts offered to him by reason of his office.

ARTICLE 211–A. Qualified Bribery. – if any public officer is

entrusted with law
enforcement and he refrains from arresting or prosecuting an
offender who has
committed a crime punishable by reclusion perpetua and/or
death in consideration of any
offer, promise, gift or present, he shall suffer the penalty for
the offense which was not
prosecuted.
If it is the public officer who asks or demands such gift or
present, he shall suffer
the penalty of death. (As added by Section 4, RA No. 7659.)
 ARTICLE 212. Corruption of Public Officials. — The same
penalties imposed upon the officer corrupted, except those of
disqualification and suspension, shall be imposed upon any
person who shall have made the offers or promises or given
the gifts or presents as described in the preceding articles.

ARTICLE 213. Frauds against the public treasury and similar

offenses. - The penalty of prision correccional in its medium
period to prision mayor in its minimum period, or a fine
ranging from Forty thousand pesos (P40.000)to Two million
pesos (P2,000,000), or both, shall be imposed upon any
public officer who:

"1. 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, shall enter into an agreement with any
interested party or speculator or make use of any other
scheme, to defraud the Government:

''2. Being entrusted with the collection of taxes, licenses, fees

and other imposts, shall be guilty of any of the following acts
or omissions:

"(a) Demanding, directly or indirectly, the payment of sums

different from or larger than those authorized by law.

"(b) Failing voluntarily to issue a receipt, as provided by law.

for any sum of money collected by him officially.

"(c) Collecting or receiving, directly or indirectly, by way of

payment or otherwise things or objects of a nature different
from that provided by law.

"When the culprit is an officer or employee of the Bureau of

Internal Revenue or the Bureau of Customs, the provisions of
the Administrative Code shall be applied. (As amended by
R.A. No. 10951, August 29, 2017)

ARTICLE 214. Other Frauds. — In addition to the penalties

prescribed in the provisions of Chapter Six, Title Ten, Book
Two, of this Code, the penalty of temporary special
disqualification in its maximum period to perpetual special
disqualification shall be imposed upon any public officer who,
taking advantage of his official position, shall commit any of
the frauds or deceits enumerated in said provisions.
 ARTICLE 215. Prohibited transactions. - The penalty of
prision correccional in its minimum period or a fine ranging
from Forty thousand pesos (P40,000) to Two hundred
thousand pesos (P200,000), or both., shall be imposed upon
any appointive public officer who, during his incumbency,
shall directly or indirectly become interested in any transaction
of exchange or speculation within the territory subject to his
jurisdiction. (As amended by R.A. No. 10951, August 29,
2017)

ARTICLE 216. Possession of prohibited interest by a public

officer. — The penalty of arresto mayor in its medium period
to prision correccional in its minimum period, or a fine ranging
from Forty thousand pesos (P40,000) to Two hundred
thousand pesos (P200,000) or both, shall be imposed upon a
public officer who directly or indirectly, shall become
interested in any contract or business in which it is his official
duty to intervene.

"This provision is applicable to experts, arbitrators and private

accountants who, in like manner, shall take part in any
contract or transaction connected with the estate or property
in appraisal, distribution or adjudication of which they shall
have acted, and to guardians and executors with respect to
the property belonging to their wards or estate. (As amended
by R.A. No. 10951, August 29, 2017)
 funds or property, wholly or partially, or shall otherwise be
guilty of the misappropriation or malversation of such funds or
property, shall suffer:

"1. The penalty of prision correccional in its medium and

maximum periods, if the amount involved in the
misappropriation or malversation does not exceed Forty
thousand pesos (P40,000).

"2. The penalty of prision mayor in its minimum and medium

periods, if the amount involved is more than Forty thousand
pesos (P40,000) but does not exceed One million two
hundred thousand pesos (P1,200,000).

"3. The penalty of prision mayor in its maximum period to

reclusion temporal in its minimum period, if the amount
involved is more than One million two hundred thousand
pesos (P1,200,000) but does not exceed Two million four
hundred thousand pesos (P2,400.000).

"4. The penalty of reclusion temporal, in its medium and

maximum periods, if the amount involved is more than Two
million four hundred thousand pesos (P2,400,000) but does
not exceed Four million four hundred thousand pesos
(P4,400,000).

"5. The penalty of reclusion temporal in its maximum period, if

the amount involved is more than Four million four hundred
thousand pesos (P4,400,000) but does not exceed Eight
million eight hundred thousand pesos (P8,800,000). If the
amount exceeds the latter, the penalty shall be reclusion
perpetua.

"In all cases, persons guilty of malversation shall, also suffer

the penalty of perpetual special disqualification and a fine
equal to the amount of the funds malversed or equal to the
total value of the property embezzled.

ARTICLE 218. Failure of accountable officer to render

accounts. - Any public officer, whether in the service or
separated therefrom by resignation or any other cause, who is
required by law or regulation to render account to the
Commission on Audit, or to a provincial auditor and who fails
to do so for a period of two (2) months after such accounts
should be rendered, shall be punished by prision correccional
in its minimum period, or by a fine ranging from Forty
thousand pesos (P40,000) to One million two hundred
thousand pesos (Pi,200,000), or both. (As amended by R.A.
No. 10951, August 29, 2017)
ARTICLE 219. Failure of a responsible public officer to render
accounts before leaving the country. - Any public officer who
unlawfully leaves or attempts to leave the Philippines without
securing a certificate from the Commission on Audit showing
that his accounts have been finally settled, shall be punished
by arresto mayor, or a fine ranging from Forty thousand pesos
(P40,000) to Two hundred thousand pesos (P200,000), or
both. (As amended by R.A. No. 10951, August 29, 2017)

ARTICLE 220. Illegal Use of Public Funds or Property. — Any

public officer who shall apply any public fund or property
under his administration to any public use other than that for
which such fund or property were appropriated by law or
ordinance shall suffer the penalty of prisión correccional in its
minimum period or a fine ranging from one-half to the total of
the sum misapplied, if by reason of such misapplication, any
damage or embarrassment shall have resulted to the public
service. In either case, the offender shall also suffer the
penalty of temporary special disqualification.

If no damage or embarrassment to the public service has

resulted, the penalty shall be a fine from 5 to 50 per cent of
the sum misapplied.

ARTICLE 221. Failure to make delivery of public funds or

property. — Any public officer under obligation to make
payment from Government funds in his possession,, who shall
fail to make such payment, shall be punished by arresto
mayor and a fine from five (5) to twenty-five (25) percent of
the sum which he failed to pay.

"This provision shall apply 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.

"The fine shall be graduated in such ease by the value of the

thing: Provided, That it shall not be less than Ten thousand
pesos (P 10,000). (As amended by R.A. No. 10951, August
29, 2017)

ARTICLE 222. Officers Included in the Preceding Provisions.

— The provisions of this chapter shall apply to private
individuals who, in any capacity whatever, have charge of any
Insular, provincial or municipal funds, revenues or property
and to any administrator or depository of funds or property
attached, seized or deposited by public authority, even if such
property belongs to a private individual.
 ARTICLE 223. Conniving With or Consenting to Evasion. —
Any public officer who shall consent to the escape of a
prisoner in his custody or charge, shall be punished:

1. By prisión correccional in its medium and maximum periods

and temporary special disqualification in its maximum period
to perpetual special disqualification, if the fugitive shall have
been sentenced by final judgment to any penalty.

2. By prision correccional in its minimum period and

temporary special disqualification, in case the fugitive shall
not have been finally convicted but only held as a detention
prisoner for any crime or violation of law or municipal
ordinance.

ARTICLE 224. Evasion Through Negligence. — If the evasion

of the prisoner shall have taken place through the negligence
of the officer charged with the conveyance or custody of the
escaping prisoner, said officer shall suffer the penalties of
arresto mayor in its maximum period to prisión correccional in
its minimum period and temporary special disqualification.

ARTICLE 225. Escape of Prisoner Under the Custody of a

Person Not a Public Officer. — Any private person to whom
the conveyance or custody of a prisoner or person under
arrest shall have been confided, who shall commit any of the
offenses mentioned in the two preceding articles, shall suffer
the penalty next lower in degree than that prescribed for the
public officer.
 ARTICLE 226. Removal, concealment, or destruction of
documents. - Any public officer who shall remove, destroy or
conceal documents or papers officially entrusted to him, shall
suffer:

"1. The penalty of prision mayor and a fine not exceeding Two
hundred thousand pesos (P200,000), whenever serious
damage shall have been caused thereby to a third party or to
the public interest.

“ 2. The penalty of prision correccional in its minimum and

medium period and a fine not exceeding Two hundred
thousand pesos (P200.000). whenever the damage caused to
a third party or to the public interest shall not have been
serious.

"In either case, the additional penalty of temporary special

disqualification in its maximum period to perpetual
disqualification shall be imposed. (As amended by R.A. No.
10951, August 29, 2017)

ARTICLE 227. Officer breaking seal. - Any public officer

charged with the custody of papers or property sealed by
proper authority, who shall break the seals or permit them to
be broken, shall suffer the penalties of prision correccional in
its minimum and medium periods, temporary special
disqualification and a fine not exceeding Four hundred
thousand pesos (P400,000). (As amended by R.A. No.
10951, August 29, 2017)

"ARTICLE 228. Opening of closed documents. - Any public

officer not included in the provisions of the next preceding
article who, without proper authority, shall open or shall permit
to be opened any closed papers, documents or objects
entrusted to his custody, shall suffer the penalties of arresto
mayor, temporary special disqualification and a fine not
exceeding Four hundred thousand pesos (P400,000). (As
amended by R.A. No. 10951, August 29, 2017)
 ARTICLE 229. Revelation of secrets by an officer. - Any
public officer who shall reveal any secret known to him by
reason of his official capacity, or shall wrongfully deliver
papers or copies of papers of which he may have charge and
which should not. be published, shall suffer the penalties of
prision correccional in its medium and maximum periods,
perpetual special disqualification and a fine not exceeding
Four hundred thousand pesos (P400,000) if the revelation of
such secrets or the delivery of such papers shall have caused
serious damage to the public interest: otherwise, the penalties
of prision correccional in its minimum period, temporary
special, disqualification and a fine not exceeding One
hundred thousand pesos (P100.000) shall be imposed. (As
amended by R.A. No. 10951, August 29, 2017)

ARTICLE 230. Public officer revealing secrets of private

individual. - Any public officer to whom the secrets of any
private individual shall become known by reason of his office
who shall reveal such secrets. shall suffer the penalties of
arresto mayor and a fine not exceeding Two hundred
thousand pesos (P200,000). (As amended by R.A. No.
10951, August 29, 2017)

ARTICLE. 231. Open disobedience. - Any judicial or

executive officer who shall openly refuse to execute the
judgment, decision or order of any superior authority made
within the scope of the jurisdiction of the latter and issued with
all the legal formalities, shall suffer the penalties of arresto
mayor in its medium period to prision correccional in its
minimum period, temporary special disqualification in its
maximum period and a fine not. exceeding Two hundred
thousand pesos (P200,000). (As amended by R.A. No.
10951, August 29, 2017)
 ARTICLE 232. Disobedience to Order of Superior Officer,
When Said Order Was Suspended by Inferior Officer. — Any
public officer who, having for any reason suspended the
execution of the orders of his superiors, shall disobey such
superiors after the latter have disapproved the suspension,
shall suffer the penalties of prisión correccional in its minimum
and medium periods and perpetual special disqualification.

ARTICLE 233. Refusal of assistance. - The penalties of

arresto mayor in its medium period to prision correccional in
its minimum period, perpetual special disqualification and a
fine not exceeding Two hundred thousand pesos (P200,000),
shall be imposed upon a public officer who. upon demand
from competent authority, shall fail to lend his cooperation
towards the administration of justice or other public service, if
such failure shall result in serious damage to the public
interest, or to a third party: otherwise, arresto mayor in its
medium and maximum periods and a fine not exceeding One
hundred thousand pesos (P 100,000) shall be imposed. (As
amended by R.A. No. 10951, August 29, 2017)

ARTICLE. 234. Refusal to discharge elective office. - The

penalty of arresto mayor or a fine not exceeding Two hundred
thousand pesos (P200,000), or both, shall be imposed upon
any person who. having been elected by popular election to a
public office, shall refuse without legal motive to be sworn in
or to discharge the duties of said office. (As amended by
R.A. No. 10951, August 29, 2017)

ARTICLE 235. Maltreatment of prisoners. - The penalty of

prision correccional in its medium period to prision mayor in its
minimum period, in addition to his liability for the physical
injuries or damage caused, shall be imposed upon any public
officer or employee who shall overdo himself in the correction
or handling of a prisoner or detention prisoner under his
charge, by the imposition of punishments not authorized by
the regulations, or by inflicting such punishments in a cruel
and humiliating manner.

If the purpose of the maltreatment is to extort a confession, or

to obtain some information from the prisoner, the offender
shall be punished by prision mayor in its minimum period,
temporary special disqualification and a fine not exceeding
One hundred thousand pesos (P100,000), in addition to his
liability for the physical injuries or damage caused. (As
amended by R.A. No. 10951, August 29, 2017)
 ARTICLE 236. Anticipation of duties of a public office. - Any
person who shall assume the performance of the duties and
powers of any public officer or employment, without first,
being sworn in or having given the bond required by law. shall
be suspended from such office or employment until he shall
have complied with the respective formalities and shall be
fined from Forty thousand pesos (P40,000) to One hundred
thousand pesos (P100,000). (As amended by R.A. No.
10951, August 29, 2017)

ARTICLE 237. Prolonging performance of duties and powers.

- Any public officer who shall continue to exercise the duties
and powers of his office, employment or commission, beyond
the period provided by law. regulation or special provisions
applicable to the case, shall suffer the penalties of prision
correccional in its minimum period, special temporary
disqualification in its minimum period and a fine not exceeding
One hundred thousand pesos (P100,000). (As amended by
R.A. No. 10951, August 29, 2017)

ARTICLE 238. Abandonment of Office or Position. — Any

public officer who, before the acceptance of his resignation,
shall abandon his office to the detriment of the public service
shall suffer the penalty of arresto mayor.

If such office shall have been abandoned in order to evade

the discharge of the duties of preventing, prosecuting or
punishing any of the crimes falling within Title One, and
Chapter One of Title Three of Book Two of this Code, the
offender shall be punished by prisión correccional in its
minimum and medium periods, and by arresto mayor if the
purpose of such abandonment is to evade the duty of
preventing, prosecuting or punishing any other crime.

ARTICLE 239. Usurpation of legislative powers. - The

penalties of prision correccional in its minimum period,
temporary special disqualification and a fine not exceeding
Two hundred thousand pesos (P200,000). shall be imposed
upon any public officer who shall encroach upon the powers
of the legislative branch of the Government, either by making
general rules or regulations beyond the scope of his authority,
or by attempting to repeal a law or suspending the execution
thereof. (As amended by R.A. No. 10951, August 29, 2017)
 ARTICLE 240. Usurpation of Executive Functions. — Any
judge who shall so assume any power pertaining to the
executive authorities, or shall obstruct the latter in the lawful
exercise of their powers, shall suffer the penalty of arresto
mayor in its medium period to prisión correccional in its
minimum period.

ARTICLE 241. Usurpation of Judicial Functions. — The

penalty of arresto mayor in its medium period to prisión
correccional in its minimum period shall be imposed upon any
officer of the executive branch of the Government who shall
assume judicial powers or shall obstruct the execution of any
order or decision rendered by any judge within his jurisdiction.

ARTICLE 242. Disobeying request for disqualification. — Any

public officer who, before the question of jurisdiction is
decided, shall continue any proceeding after having been
lawfully required to refrain from so doing, shall be punished by
arresto mayor and a fine not exceeding One hundred
thousand pesos (P100,000). (As amended by R.A. No.
10951, August 29, 2017)

ARTICLE 243. Orders or requests by executive officers to any

judicial authority. — Any executive officer who shall address
any order or suggestion to any judicial authority with respect,
to any case or business coming within the exclusive
jurisdiction of the courts of justice shall suffer the penalty of
arresto mayor and a fine not exceeding One hundred
thousand pesos (P100,000). (As amended by R.A. No.
10951, August 29, 2017)

ARTICLE 244. Unlawful appointments. — Any public officer

who shall knowingly nominate or appoint to any public office
any person lacking the legal qualifications therefor, shal]
suffer the penalty of arresto mayor and a fine not exceeding
Two hundred thousand pesos (P200,000). (As amended by
R.A. No. 10951, August 29, 2017)
ARTICLE 245. Abuses Against Chastity — Penalties. — The
penalties of prisión correccional in its medium and maximum
periods and temporary special disqualification shall be
imposed:

1. Upon any public officer who shall solicit or make immoral or

indecent advances to a woman interested in matters pending
before such officer for decision, or with respect to which he is
required to submit a report to or consult with a superior officer;

2. Any warden or other public officer directly charged with the

care and custody of prisoners or persons under arrest who
shall solicit or make immoral or indecent advances to a
woman under his custody.

If the person solicited be the wife, daughter, sister or relative

within the same degree by affinity of any person in the
custody of such warden or officer, the penalties shall be
prisión correccional in its minimum and medium periods and
temporary special disqualification.

ARTICLE 246. Parricide. — Any person who shall kill his

father, mother, or child, whether legitimate or illegitimate, or
any of his ascendants, or descendants, or his spouse, shall
be guilty of parricide and shall be punished by the penalty of
reclusión perpetua to death.

ARTICLE 247. Death or Physical Injuries Inflicted Under

Exceptional Circumstances. — Any legally married person
who, having surprised his spouse in the act of committing
sexual intercourse with another person, shall kill any of them
or both of them in the act or immediately thereafter, or shall
inflict upon them any serious physical injury, shall suffer the
penalty of destierro.

If he shall inflict upon them physical injuries of any other kind,

he shall be exempt from punishment.

These rules shall be applicable, under the same

circumstances, to parents with respect to their daughters
under eighteen years of age, and their seducers, while the
daughters are living with their parents.

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.
 ARTICLE 248. Murder. — Any person who, not falling within
the provisions of article 246 shall kill another, shall be guilty of
murder and shall be punished by reclusión temporal in its
maximum period to death, if committed with any of the
following attendant circumstances:

1. With treachery, taking advantage of superior strength, with

the aid of armed men, or employing means to weaken the
defense or of means or persons to insure or afford impunity.

2. In consideration of a price, reward or promise.

3. By means of inundation, fire, poison, explosion, shipwreck,

stranding of a vessel, derailment or assault upon a street car
or locomotive, fall of an airship, by means of motor vehicles,
or with the use of any other means involving great waste and
ruin.

4. On occasion of any of the calamities enumerated in the

preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic, or any other public
calamity.

5. With evident premeditation.

6. With cruelty, by deliberately and inhumanly augmenting the

suffering of the victim, or outraging or scoffing at his person or
corpse.

ARTICLE 249. Homicide. — Any person who, not falling

within the provisions of article 246 shall kill another without
the attendance of any of the circumstances enumerated in the
next preceding article, shall be deemed guilty of homicide and
be punished by reclusion temporal.
 ARTICLE 251. Death Caused in a Tumultuous Affray. —
When, while several persons, not composing groups
organized for the common purpose of assaulting and
attacking each other reciprocally, quarrel and assault each
other in a confused and tumultuous manner, and in the
course of the affray someone is killed, and it cannot be
ascertained who actually killed the deceased, but the person
or persons who inflicted serious physical injuries can be
identified, such person or persons shall be punished by
prisión mayor.

If it cannot be determined who inflicted the serious physical

injuries on the deceased, the penalty of prisión correccional in
its medium and maximum periods shall be imposed upon all
those who shall have used violence upon the person of the
victim.

ARTICLE 252. Physical Injuries Inflicted in a Tumultuous

Affray. — When in a tumultuous affray as referred to in the
preceding article, only serious physical injuries are inflicted
upon the participants thereof and the person responsible
therefor cannot be identified, all those who appear to have
used violence upon the person of the offended party shall
suffer the penalty next lower in degree than that provided for
the physical injuries so inflicted.

When the physical injuries inflicted are of a less serious

nature and the person responsible therefor cannot be
identified, all those who appear to have used any violence
upon the person of the offended party shall be punished by
arresto from five to fifteen days.

ARTICLE 253. Giving Assistance to Suicide. — Any person

who shall assist another to commit suicide shall suffer the
penalty of prisión mayor; if such person lends his assistance
to another to the extent of doing the killing himself, he shall
suffer the penalty of reclusión temporal. However, if the
suicide is not consummated, the penalty of arresto mayor in
its medium and maximum periods shall be imposed.

ARTICLE 254. Discharge of Firearms. — Any person who

shall shoot at another with any firearm shall suffer the penalty
of prisión correccional in its minimum and medium periods,
unless the facts of the case are such that the act can be held
to constitute frustrated or attempted parricide, murder,
homicide or any other crime for which a higher penalty is
prescribed by any of the articles of this Code.
 ARTICLE 255. Infanticide. — The penalty provided for
parricide in article 246 and for murder in article 248 shall be
imposed upon any person who shall kill any child less than
three days of age.

If the crime penalized in this article be committed by the

mother of the child for the purpose of concealing her
dishonor, she shall suffer the penalty of prisión correccional in
its medium and maximum periods, and if said crime be
committed for the same purpose by the maternal
grandparents or either of them, the penalty shall be prisión
mayor.

ARTICLE 256. Intentional Abortion. — Any person who shall

intentionally cause an abortion shall suffer:

1. The penalty of reclusión temporal, if he shall use any

violence upon the person of the pregnant woman.

2. The penalty of prisión mayor if, without using violence, he

shall act without the consent of the woman.

3. The penalty of prisión correccional in its medium and

maximum periods, if the woman shall have consented.

ARTICLE 257. Unintentional Abortion. — The penalty of

prisión correccional in its minimum and medium period shall
be imposed upon any person who shall cause an abortion by
violence, but unintentionally.

ARTICLE 258. Abortion Practiced by the Woman Herself or

by Her Parents. — The penalty of prisión correccional in its
medium and maximum periods shall be imposed upon a
woman who shall practice an abortion upon herself or shall
consent that any other person should do so.

Any woman who shall commit this offense to conceal her

dishonor, shall suffer the penalty of prisión correccional in its
minimum and medium periods.

If this crime be committed by the parents of the pregnant

woman or either of them, and they act with the consent of
said woman for the purpose of concealing her dishonor, the
offenders shall suffer the penalty of prisión correccional in its
medium and maximum periods.
 ARTICLE 259. Abortion practiced by a physician or midwife
and dispensing of abortives. - The penalties provided in
Article 256 shall be imposed in its maximum period,
respectively, upon any physician or midwife who, taking
advantage of their scientific knowledge or skill, shall cause an
abortion or assist in causing the same.

Any pharmacist who, without the proper prescription from a

physician, shall dispense any abortive shall suffer arresto
mayor and a fine not exceeding One hundred thousand pesos
(P100,000). (As amended by R.A. No. 10951, August 29,
2017)

ARTICLE 260. Responsibility of Participants in a Duel. — The

penalty of reclusión temporal shall be imposed upon any
person who shall kill his adversary in a duel.

If he shall inflict upon the latter physical injuries only, he shall

suffer the penalty provided therefor, according to their nature.

In any other case, the combatants shall suffer the penalty of

arresto mayor, although no physical injuries have been
inflicted.

The seconds shall in all events be punished as accomplices.

ARTICLE 261. Challenging to a duel. - The penalty of prision

correccional in its minimum period shall be imposed upon any
person who shall challenge another, or incite another to give
or accept a challenge to a duel, or shall scoff at or decry
another publicly for having refused to accept a challenge to
fight a duel.
ARTICLE 262. Mutilation. - The penalty of reclusion temporal
to reclusion perpetua shall be imposed upon any person who
shall intentionally mutilate another by depriving him, either
totally or partially, or some essential organ of reproduction.

Any other intentional mutilation shall be punished by prision

mayor in its medium and maximum periods.
 1. The penalty of prision mayor, if in consequence of the
physical injuries inflicted, the injured person shall become
insane, imbecile, impotent, or blind;

2. The penalty of prision correccional in its medium and

maximum periods, if in consequence of the physical injuries
inflicted, the person injured shall have lost the use of speech
or the power to hear or to smell, or shall have lost an eye, a
hand, a foot, an arm, or a leg or shall have lost the use of any
such member, or shall have become incapacitated for the
work in which he was therefor habitually engaged;

3. The penalty of prision correccional in its minimum and

medium periods, if in consequence of the physical injuries
inflicted, the person injured shall have become deformed, or
shall have lost any other part of his body, or shall have lost
the use thereof, or shall have been ill or incapacitated for the
performance of the work in which he as habitually engaged for
a period of more than ninety days;

4. The penalty of arresto mayor in its maximum period to

prision correccional in its minimum period, if the physical
injuries inflicted shall have caused the illness or incapacity for
labor of the injured person for more than thirty days.

If the offense shall have been committed against any of the

persons enumerated in Article 246, or with attendance of any
of the circumstances mentioned in Article 248, the case
covered by subdivision number 1 of this Article shall be
punished by reclusion temporal in its medium and maximum
periods; the case covered by subdivision number 2 by prision
correccional in its maximum period to prision mayor in its
minimum period; the case covered by subdivision number 3
by prision correccional in its medium and maximum periods;
and the case covered by subdivision number 4 by prision
correccional in its minimum and medium periods.

ARTICLE 264. Administering injurious substances or

beverages. - The penalties established by the next preceding
article shall be applicable in the respective case to any person
who, without intent to kill, shall inflict upon another any
serious, physical injury, by knowingly administering to him any
injurious substance or beverages or by taking advantage of
his weakness of mind or credulity.
 ARTICLE. 265. Less serious physical injuries. - Any person
who shall inflict upon another physical injuries not described
in the preceding articles, but which shall incapacitate the
offended party for labor for ten (10) days or more, or shall
require medical assistance for the same period, shall be guilty
of less serious physical injuries and shall suffer the penalty of
arresto mayor.

Whenever less serious physical injuries shall have been

inflicted with the manifest intent to insult or offend the injured
person, or under circumstances adding ignominy to the
offense, in addition to the penalty of arresto mayor, a fine not
exceeding Fifty thousand pesos (P50,000) shall be imposed.

Any less serious physical injuries inflicted upon the offenders

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 persons.
(As amended by R.A. No. 10951, August 29, 2017)

ARTICLE. 266. Slight physical injuries and maltreatment. -

The crime of slight physical injuries shall be punished:

1. By arresto menor when the offender has inflicted physical

injuries which shall incapacitate the offended party for labor
from one (1) to nine (9) days, or shall require medical
attendance during the same period.

2. By arresto menor or a fine not exceeding Forty thousand

pesos (P40,000) and censure when the offender has caused
physical injuries which do not prevent the offended party from
engaging in his habitual work nor require medical assistance.

3. By arresto menor in its minimum period or a fine not

exceeding Five thousand pesos (P5,000) when the offender
shall ill-treat another by deed without causing any injury.
ARTICLE 266-A - Rape, When and How Committed- Rape is
committed—

1.) By a man who shall have carnal knowledge of a woman

under any of the following circumstances:

a. Through force, threat, or intimidation;

b. When the offended party is deprived of reason or is

otherwise unconscious;

c. By means of fraudulent machination of grave abuse of

authority;

d. When the offended party is under twelve years of age or is

demented, even though none of the circumstances above be
present;

2) By any person who, under any of the circumstances

mentioned in paragraph 1 hereof, shall commit an act of
sexual assault by inserting his penis into another's mouth, or
anal orifice of any instrument of object into the genital or anal
orifice of another person.
ARTICLE 267. Kidnapping and serious illegal detention. - Any
private individual who shall kidnap or detain another, or in any
other manner deprive him of his liberty, shall suffer the
penalty of reclusion perpetua to death:

1. If the kidnapping or detention shall have lasted more than

five days.

2. If it shall have been committed simulating public authority.

3. If any serious physical injuries shall have been inflicted

upon the person kidnapped or detained; or if threats to kill him
shall have been made.

4. If the person kidnapped or detained shall be a minor,

female or a public officer.

The penalty shall be death 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.

ARTICLE- 268. Slight illegal detention. - The penalty of

reelusion temporal shall be imposed upon any private
individual who shall commit the crimes described in the nest
preceding article without the attendance of any of the
circumstances enumerated therein.

The same penalty shall be incurred by anyone who shall

furnish the place for the perpetration of the crime.

If the offender shall voluntarily release the person so

kidnapped or detained within three (3) days from the
commencement of the detention, without having attained the
purpose intended., and before the institution of criminal
proceeding's against him. the penalty shall be prision mayor
in its minimum and medium periods and a fine not exceeding
One hundred thousand pesos (P100,000). (As amended by
R.A. No. 10951, August 29, 2017)

ARTICLE. 269. Unlawful arrest. - The penalty of arresto

mayor and a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon any person who. in any
case other than those authorized by law, or without
reasonable ground therefor, shall arrest or detain another for
the purpose of delivering him to the proper authorities. (As
amended by R.A. No. 10951, August 29, 2017)
ARTICLE 270. Kidnapping and failure to return a minor. - The
penalty of reclusion perpetua shall be imposed upon any
person who, being entrusted with the custody of a minor
person, shall deliberately fail to restore the latter to his
parents or guardians.

ARTICLE. 271. Inducing a minor to abandon his home. - The

penalty of prision correccional and a fine not exceeding One
hundred thousand pesos (P100.000) shall be imposed upon
anyone who shall induce a minor to abandon the home of his
parents or guardians or the persons entrusted with his
custody.”

"If the person committing any of the crimes covered by the

two (2) preceding 1 articles shall be the father or the mother
of the minor, the penalty shall be arresto mayor or a fine not
exceeding Forty thousand pesos (P40,000) or both. (As
amended by R.A. No. 10951, August 29, 2017)

ARTICLE 272. Slavery. - The penalty of prision mayor and a

fine of not exceeding 10,000 pesos shall be imposed upon
anyone who shall purchase, sell, kidnap or detain a human
being for the purpose of enslaving him.

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.

ARTICLE 273. Exploitation of child labor. - The penalty of

prision correccional in its minimum and medium periods and a
fine not exceeding 500 pesos shall be imposed upon anyone
who, under the pretext of reimbursing himself of a debt
incurred by an ascendant, guardian or person entrusted with
the custody of a minor, shall, against the latter's will, retain
him in his service.

ARTICLE 274. Services rendered under compulsion in

payment of debt. - The penalty of arresto mayor in its
maximum period to prision correccional in its minimum period
shall be imposed upon any person who, in order to require or
enforce the payment of a debt, shall compel the debtor to
work for him, against his will, as household servant or farm
laborer.
 ARTICLE 275. Abandonment of person in danger and
abandonment of one's own victim. - The penalty of arresto
mayor shall be imposed upon:

1. Any one who shall fail to render assistance to any person

whom he shall find in an uninhabited place wounded or in
danger of dying, when he can render such assistance without
detriment to himself, unless such omission shall constitute a
more serious offense.

2. Anyone who shall fail to help or render assistance to

another whom he has accidentally wounded or injured.

3. Anyone who, having found an abandoned child under

seven years of age, shall fail to deliver said child to the
authorities or to his family, or shall fail to take him to a safe
place.

ARTICLE 276. Abandoning a minor. - The penalty of arresto

mayor and a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon anyone who shall
abandon a child under seven (7) years of age. the custody of
which is incumbent upon him.

When the death of the minor shall result from such

abandonment, the culprit shall be punished by prision
correccional in its medium and maximum periods: but if the
life of the minor shall have been in danger only, the penalty
shall be prision correccional in its minimum and medium
periods.

The provisions contained in the two (2) preceding paragraphs

shall not prevent the imposition of the penalty provided for the
act committed, when the same shall constitute a more serious
offense. (As amended by R.A. No. 10951, August 29,
2017)
 ARTICLE 277. Abandonment of minor by person entrusted
with his custody; Indifference of parents. - The penalty of
arresto mayor and a fine not exceeding One hundred
thousand pesos (P100,000) shall be imposed upon anyone
who. having charge of the rearing or education of a minor,
shall deliver said minor to a public institution or other persons,
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.

The same penalty shall be imposed upon the parents who

shall neglect their children by not giving them the education
which their station in life requires and financial condition
permits. (As amended by R.A. No. 10951, August 29, 2017)
not exceeding One hundred thousand pesos (P100,000) shall
be imposed upon;

1. Any person who shall cause any boy or girl under sixteen
(16) years of age to perform any dangerous feat of balancing,
physical strength, or contortion.
2. Any person who. being an acrobat, gymnast, rope-walker,
diver, wild-animal tamer or circus manager or engaged in a
similar calling, shall employ in exhibitions of these kinds
children under sixteen (16) years of age who are not his
children or descendants.

3. Any person engaged in any of the callings enumerated in

the next preceding paragraph who shall employ any
descendant of his under twelve (12) years of age in such
dangerous exhibitions.

4. Any ascendant, guardian, teacher or person entrusted in

any capacity with the care of a child under sixteen (16) years
of age who shall deliver such child gratuitously to any person
following any of the callings enumerated in paragraph 2
hereof, or to any habitual vagrant or beggar.

If the delivery shall have been made in consideration of any

price, compensation, or promise, the penalty shall in every
case be imposed in its maximum period.

In either case, the guardian or curator convicted shall also be

removed from office as guardian or curator; and in the case of
the parents of the child, they may be deprived, temporarily or
perpetually, in the discretion of the court, of their parental
authority.

5. Any person who shall induce any child under sixteen (16)
years of age to abandon the home of its ascendants,
guardians, curators or teacher? to follow any person engaged
in any of the callings mentioned in paragraph 2 hereof, or to

ARTICLE. 280. Qualified trespass to dwelling. - Any private

person who shall enter the dwelling of another against the
latter's will, shall be punished by arresto mayor and a fine not
exceeding Two hundred thousand pesos (P200,000).

If the offense be committed by means of violence or

intimidation, the penalty shall be prision correccional in its
medium and maximum periods and a fine not exceeding Two
hundred thousand pesos (P200,000).

The provisions of this article shall not be applicable to any

person who shall enter another's dwelling for the purpose of
preventing some serious harm to himself, the occupants of
the dwelling or & third person, nor shall it be applicable to any
person who shall enter a dwelling for the purpose of rendering
some service to humanity or justice, nor to anyone who shall
enter cafes, taverns, inns and other public houses, while the
same are open. (As amended by R.A. No. 10951, August
29, 2017)
 ARTICLE. 281. Other forms of trespass. - The penalty of
arresto menor or a fine not exceeding- Forty thousand pesos
(P40,000), or both, shal] be imposed upon any person who
shall enter the closed premises or the fenced estate of
another, while either oi' both of them are uninhabited, if the
prohibition to enter be manifest and the trespasser has not-
secured the permission of the owner or the caretaker thereof.
(As amended by R.A. No. 10951, August 29, 2017)

ARTICLE. 282. Grave threats. - Any person who shall

threaten another with the infliction upon the person, honor or
property of the latter or of his family of any wrong amounting
to a crime, shall suffer:

1. The penalty next lower in degree than that- prescribed by

law for the crime he threatened to commit, if the offender shall
have made the threat demanding money or imposing any
other condition, even though not unlawful, and said offender
shall have attained his purpose. If the offender shall not have
attained his purpose, the penalty lower by two (2) degrees
shall be imposed.

If the threat be made in writing or through a middleman, the

penalty shall be imposed in its maximum period.

2. The penalty of arresto mayor and a fine not exceeding One

hundred thousand pesos (P100,000) if the threat shall not
have been made subject to a condition. (As amended by
R.A. No. 10951, August 29, 2017)

ARTICLE 283. Light threats. - Any threat to commit a wrong

not constituting a crime, made in the manner expressed in
subdivision 1 of the next preceding article, shall be punished
by arresto mayor.
 ARTICLE. 285. Other light threats. - The penalty of arresto
menor in its minimum period or a fine not exceeding Forty
thousand pesos (P40,000) shall be imposed upon:

1. Any person who. without being included in the provisions of

the next preceding article, shall threaten another with a
weapon, or draw such weapon in a quarrel, unless it be in
lawful self-defense.

2. Any person who, in the heat of anger, shall orally threaten

another with some harm not constituting a crime, and who by
subsequent acts shows that he did not persist, in the idea
involved in his threat: Provided, That the circumstances of the
offense shall not bring it within the provisions of Article 282 of
this Code.

3. Any person who shall orally threaten to do another any

harm not constituting a felony. (As amended by R.A. No.
10951, August 29, 2017)

"ARTICLE. 286. Grave, coercions. - The penalty of prision

correccional and a fine not exceeding One hundred thousand
pesos (P100,000) shall be imposed upon any person who
without any authority of law shall, by means of violence,
threats, or intimidation, prevent another from doing something
not prohibited by law, or compel him to do something against
his will, whether it be right or wrong.

"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 the penalty next higher in
degree shall be imposed. (As amended by R.A. No. 10951,
August 29, 2017)
ARTICLE. 287. Light coercions. - Any person who,, by means
of violence, shall seize anything belonging to his debtor for
the purpose of applying the same to the payment of the debt,
shall suffer the penalty of arresto mayor in its minimum period
and a fine equivalent to the value of the thing, but in no case
less than Fifteen thousand pesos (Pl5,000).

Any other coercions or unjust vexations shall be punished by

arresto menor or a fine ranging from One thousand pesos
(P1,000) to not more than Forty thousand pesos (P40,000) or
both. (As amended by R.A. No. 10951, August 29, 2017)

ARTICLE. 288. Other similar coercions; (Compulsory

purchase of merchandise and payment of wages by means of
tokens) - The penalty of arresto mayor or a fine ranging from
Forty thousand pesos (P40.000) to One hundred thousand
pesos (P100,000), or both, shall be imposed upon any
person, agent or officer of any association or corporation who
shall force or compel, directly or indirectly, or shall knowingly
permit 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.

The same penalties shall be imposed upon any person who

shall pay the wages due a laborer or employee employed by
him, by means of tokens or objects other than the legal tender
currency of the Philippines, unless expressly requested by the
laborer or employee. (As amended by R.A. No. 10951,
August 29, 2017)
 ARTICLE 289. Formation, Maintenance and Prohibition of
Combination of Capital or Labor Through Violence or Threats.
— The penalty of arresto mayor and a fine not exceeding 300
pesos shall be imposed upon any person who, for the
purpose of organizing, maintaining or preventing coalitions of
capital or labor, strike of laborers or lock-out of employees,
shall employ violence or threats in such a degree as to
compel or force the laborers or employers in the free and
legal exercise of their industry or work, if the act shall not
constitute a more serious offense in accordance with the
provisions of this Code.

ARTICLE 290. Discovering Secrets Through Seizure of

Correspondence. — The penalty of prisión correccional in its
minimum and medium periods and a fine not exceeding 500
pesos shall be imposed upon any private individual who in
order to discover secrets of another, shall seize his papers or
letters and reveal the contents thereof.

If the offender shall not reveal such secrets, the penalty shall
be arresto mayor and a fine not exceeding 500 pesos.

This provision shall not be 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 custody, nor to spouses with respect to the
papers or letters of either of them.

ARTICLE 291. Revealing Secrets With Abuse of Office. —

The penalty of arresto mayor and a fine not exceeding 500
pesos shall be imposed upon any manager, employee, or
servant who, in such capacity, shall learn the secrets of his
principal or master and shall reveal such secrets.

ARTICLE 292. Revelation of Industrial Secrets. — The

penalty of prisión correccional in its minimum and medium
periods and a fine not exceeding 500 pesos shall be imposed
upon the person in charge, employee or workman of any
manufacturing or industrial establishment who, to the
prejudice of the owner thereof, shall reveal the secrets of the
industry of the latter.

ARTICLE 293. Who are Guilty of Robbery. — Any person

who, with intent to gain, shall take any personal property
belonging to another, by means of violence against or
intimidation of any person, or using force upon anything, shall
be guilty of robbery.
ARTICLE 294. Robbery with Violence Against or Intimidation
of Persons — Penalties. — Any person guilty of robbery with
the use of violence against or intimidation of any person shall
suffer:

1. The penalty of reclusión perpetua to death, when by reason

or on occasion of the robbery, the crime of homicide shall
have been committed.

2. The penalty of reclusión temporal in its medium period to

reclusión perpetua, when the robbery shall have been
accompanied by rape or intentional mutilation, or if by reason
or on occasion of such robbery, any of the physical injuries
penalized in subdivision 1 of article 263 shall have been
inflicted, or the person robbed shall have been held for
ransom or deprived of his liberty for more than one day.

3. The penalty of reclusión temporal, when by reason or on

occasion of the robbery, any of the physical injuries penalized
in subdivision 2 of the article mentioned in the next preceding
paragraph, shall have been inflicted.

4. The penalty of prisión mayor in its medium period to

reclusión temporal in its medium period, if the violence or
intimidation employed in the commission of the robbery shall
have been carried to a degree clearly unnecessary for the
commission of the crime, or when in the course of its
execution, the offender shall have inflicted upon any person
not responsible for its commission any of the physical injuries
covered by subdivisions 3 and 4 of said Article 263.

5. The penalty of prisión correccional to prisión mayor in its

medium period in other cases.

ARTICLE 295. Robbery with Physical Injuries, Committed in

an Uninhabited Place and by a Band. — If the offenses
mentioned in subdivisions 3, 4, and 5 of the next preceding
article shall have been committed in an uninhabited place and
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, the offender shall be punished by the maximum
period of the proper penalties.

In the same cases, the penalty next higher in degree shall be

imposed upon the leader of the band.
ARTICLE 297. Attempted and Frustrated Robbery Committed
Under Certain Circumstances. — When 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 reclusión temporal in its maximum period to
reclusión perpetua, unless the homicide committed shall
deserve a higher penalty under the provisions of this Code.

ARTICLE 298. Execution of deeds by means of violence or

intimidation. — Any person who, with intent to defraud
another, by means of violence or intimidation, shall compel
him to sign, execute or deliver any public instrument or
document, shall be held guilty of robbery and punished by the
penalties respectively prescribed in this Chapter.
taken shall exceed 250 pesos, and if —

(a) The malefactors shall enter the house or building in which

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

1. Through an opening not intended for entrance or egress;

2. By breaking any wall, roof, or floor or breaking any door or

window;

3. By using false keys, picklocks or similar tools;

4. By using any fictitious name or pretending the exercise of

public authority;

or if —

(b) The robbery be committed under any of the following

circumstances:

1. By the breaking of doors, wardrobes, chests, or any other

kind of locked or sealed furniture or receptacle;

2. By taking such furniture or objects away to be broken or

forced open outside the place of the robbery.

When the offenders do not carry arms, and the value of the
property taken exceeds 250 pesos, the penalty next lower in
degree shall be imposed.

The same rule shall be applied when the offenders are armed,
but the value of the property taken does not exceed 250
pesos.

When said offenders do not carry arms and the value of the
property taken does not exceed 250 pesos, they shall suffer
the penalty prescribed in the two next preceding paragraphs,
ARTICLE 300. Robbery in an Uninhabited Place and by a
Band. — The robbery mentioned in the next preceding article,
if committed in an uninhabited place and by a band, shall be
punished by the maximum period of the penalty provided
therefor.
 ARTICLE 302. Robbery in an Uninhabited Place or in a
Private Building. — Any robbery committed in an uninhabited
place or in a building other than those mentioned in the first
paragraph of article 299, if the value of the property taken
exceeds 250 pesos, shall be punished by prisión correccional
in its medium and maximum periods provided that any of the
following circumstances is present:

1. If the entrance has been effected through any opening not

intended for entrance or egress.

2. If any wall, roof, floor or outside door or window has been

broken.

3. If the entrance has been effected through the use of false

keys, picklocks or other similar tools.

4. If any door, wardrobe, chest, or any sealed or closed

furniture or receptacle has been broken.

5. If any closed or sealed receptacle, as mentioned in the

preceding paragraph, has been removed, even if the same be
broken open elsewhere.

When the value of the property taken does not exceed 250
pesos, the penalty next lower in degree shall be imposed.

In the cases specified in articles 294, 295, 297, 299, 300, and
302 of this Code, when the property taken is large cattle, the
offender shall suffer the penalties next higher in degree than
those provided in said articles.

ARTICLE 304. Possession of Picklocks or Similar Tools. —

Any person who shall without lawful cause have in his
possession picklocks or similar tools especially adapted to the
commission of the crime of robbery, shall be punished by
arresto mayor in its maximum period to prisión correccional in
its minimum period.

The same penalty shall be imposed upon any person who

shall make such tools. If the offender be a locksmith, he shall
suffer the penalty of prisión correccional in its medium and
maximum periods.
ARTICLE 305. False Keys. — The term “false keys” shall be
deemed to include:

1. The tools mentioned in the next preceding articles.

2. Genuine keys stolen from the owner.

3. Any keys other than those intended by the owner for use in
the lock forcibly opened by the offender.

ARTICLE 306. Who are Brigands — Penalty. — When three

or more armed persons 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, for
any other purpose to be attained by means of force and
violence, they shall be deemed highway robbers or brigands.

Persons found guilty of this offense shall be punished by

prisión mayor in its medium period to reclusión temporal in its
minimum period if the act or acts committed by them are not
punishable by higher penalties, in which case, they shall
suffer such higher penalties.

ARTICLE 307. Aiding and Abetting a Band of Brigands. —

Any person knowingly and in any manner aiding, abetting or
protecting a band of brigands as described in the next
preceding article, or giving them information of the
movements of the police or other peace officers of the
Government or of the forces of the United States Army, when
the latter are acting in aid of the Government, or acquiring or
receiving the property taken by such brigands, shall be
punished by prisión correccional in its medium period to
prisión mayor in its minimum period.

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.
 ARTICLE 308. Who are Liable for Theft. — Theft is
committed by any person who, with intent to gain but without
violence against or intimidation of persons nor force upon
things, shall take personal property of another without the
latter’s consent.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to

deliver the same to the local authorities or to its owner;

2. Any person who, after having maliciously damaged the

property of another, shall remove or make use of the fruits or
object of the damage caused by him; and

3. Any person who shall enter an enclosed estate or a field

where trespass is forbidden or which belongs to another and
without the consent of its owner, shall hunt or fish upon the
same or shall gather fruits, cereals, or other forest or farm
products.

ARTICLE 310. Qualified Theft. — The crime of theft shall be

punished by the penalties next higher in degree than those
respectively specified in the next preceding article, if
committed by a domestic servant, or with grave abuse of
confidence, or if the property stolen is large cattle or consists
of coconuts, or fish taken from a fishpond or fishery.
ARTICLE 312. Occupation of Real Property or Usurpation of
Real Rights in Property. — Any person who, by means of
violence against or intimidation of persons, shall take
possession of any real property or shall usurp any real rights
in property belonging to another, in addition to the penalty
incurred for the acts of violence executed by him, shall be
punished by a fine of from 50 to 100 per centum of the gain
which he shall have obtained, but not less than 75 pesos.

If the value of the gain cannot be ascertained, a fine of from

200 to 500 pesos shall be imposed.

ARTICLE 313. Altering Boundaries or Landmarks. — Any

person who shall alter the boundary marks or monuments of
towns, provinces, or estates, or any other marks intended to
designate the boundaries of the same, shall be punished by
arresto menor or a fine not exceeding 100 pesos, or both.

ARTICLE 314. Fraudulent Insolvency. — Any person who

shall abscond with his property to the prejudice of his
creditors, shall suffer the penalty of prisión mayor, if he be a
merchant, and the penalty of prisión correccional in its
maximum period to prisión mayor in its medium period, if he
be not a merchant.
4th. By arresto mayor in its medium and maximum periods, if
such amount does not exceed 200 pesos, provided that in the
four cases mentioned, the fraud be committed by any of the
following means:

1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality of 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) By 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.

(c) By 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 any third person.

2. By means of any of the following false pretenses or

fraudulent acts executed prior to or simultaneously with the
commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess

power, influence, qualifications, property, credit, agency,
business or imaginary transactions, or by means of other
similar deceits.

(b) By altering the quality, fineness or weight of anything

 ARTICLE 316. Other Forms of Swindling. — The penalty of
arresto mayor in its minimum and medium periods and a fine
of not less than the value of the damage caused and not more
than three times such value, shall be imposed upon:

1. Any person who, pretending to be the owner of any real

property, shall convey, sell, encumber or mortgage the same.

2. Any person who, knowing that real property is encumbered,

shall dispose of the same, although such encumbrance be not
recorded.

3. The owner of any personal property who shall wrongfully

take it from its lawful possessor, to the prejudice of the latter
or any third person.

4. Any person who, to the prejudice of another, shall execute

any fictitious contract.

5. Any person who shall accept any compensation given him

under the belief that it was in payment of services rendered or
labor performed by him, when in fact he did not actually
perform such services or labor.

6. Any person who, while being a surety in a bond given in a

criminal or civil action, without express authority from the
court or before the cancellation of his bond or before being
relieved from the obligation contracted by him, shall sell,
mortgage, or, in any other manner, encumber the real
property or properties with which he guaranteed the fulfillment
of such obligation.

ARTICLE 317. Swindling a Minor. — Any person who, taking

advantage of the inexperience or emotions or feelings of a
minor, to his detriment, shall induce him 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, shall suffer the
penalty of arresto mayor and a fine of a sum ranging from 10
to 50 per cent of the value of the obligation contracted by the
minor.
 ARTICLE 318. Other Deceits. — The penalty of arresto
mayor and a fine of not less than the amount of the damage
caused and not more than twice such amount shall be
imposed upon any person who shall defraud or damage
another by any other deceit not mentioned in the preceding
articles of this chapter.

Any person who, for profit or gain, shall interpret dreams,

make forecasts, tell fortunes, or take advantage of the
credulity of the public in any other similar manner, shall suffer
the penalty of arresto menor or a fine not exceeding 200
pesos.

ARTICLE 319. Removal, Sale or Pledge of Mortgaged

Property. — The penalty or arresto mayor or a fine amounting
to twice the value of the property shall be imposed upon:

1. Any person who shall knowingly remove any personal

property mortgaged under the Chattel Mortgage Law to any
province or city other than the one in which it was located at
the time of the execution of the mortgage, without the written
consent of the mortgagee, or his executors, administrators or
assigns.

2. Any mortgagor who shall sell or pledge personal property

already pledged, or any part thereof, under the terms of the
Chattel Mortgage Law, without the consent of the mortgagee
written on the back of the mortgage and noted on the record
thereof in the office of the register of deeds of the province
where such property is located.

ARTICLE 327. Who are Liable for Malicious Mischief . — Any

person who shall deliberately cause to the property of another
any damage not falling within the terms of the next preceding
chapter shall be guilty of malicious mischief.
 ARTICLE 328. Special Cases of Malicious Mischief . — Any
person who shall cause damage to obstruct the performance
of public functions, or using any poisonous or corrosive
substance; or spreading any infection or contagion among
cattle; or who causes damage to the property of the National
Museum or National Library, or to any archive or registry,
waterworks, road, promenade, or any other thing used in
common by the public, shall be punished:
1. By prision correccional in its minimum and medium periods,
if the value of the damage caused exceeds Two hundred
thousand pesos (P200,000);

2. By arresto mayor, if such value does not exceed the

abovementioned amount but is over Forty thousand pesos
(P40,000): and

3. By arresto menor. if such value does not exceed Forty

thousand pesos (P40,000)

ARTICLE 330. Damages and Obstruction to Means of

Communication. — The penalty of prisión correccional in its
medium and maximum periods shall be imposed upon any
person who shall damage any railway, telegraph or telephone
lines.

If the damage shall result in any derailment of cars, collision

or other accident, the penalty of prisión mayor shall be
imposed, without prejudice to the criminal liability of the
offender for the other consequences of his criminal act.

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.

ARTICLE 331. Destroying or Damaging Statues, Public

Monuments or Paintings. — Any person who shall destroy or
damage statues or any other useful or ornamental public
monument, shall suffer the penalty of arresto mayor in its
medium period to prisión correccional in its minimum period.

Any person who shall destroy or damage any useful or

ornamental painting of a public nature shall suffer the penalty
of arresto menor or a fine not exceeding Forty thousand
pesos (P40,000), or both such fine and imprisonment, in the
discretion of the court.
 ARTICLE 333. Who are Guilty of Adultery. — Adultery is
committed by any married woman who shall have sexual
intercourse with a man not her husband and by the man who
has carnal knowledge of her, knowing her to be married, even
if the marriage be subsequently declared void.

Adultery shall be punished by prisión correccional in its

medium and maximum periods.

If the person guilty of adultery committed this offense while

being abandoned without justification by the offended spouse,
the penalty next lower in degree than that provided in the next
preceding paragraph shall be imposed.

ARTICLE 334. Concubinage. — Any husband who shall keep

a mistress in the conjugal dwelling, or, shall have sexual
intercourse, under scandalous circumstances, with a woman
who is not his wife, or shall cohabit with her in any other
place, shall be punished by prisión correccional in its
minimum and medium periods.

The concubine shall suffer the penalty of destierro.

ARTICLE 336. Acts of Lasciviousness. — Any person who

shall commit any act of lasciviousness upon other persons of
either sex, under any of the circumstances mentioned in the
preceding article, shall be punished by prisión correccional.
 ARTICLE 337. Qualified Seduction. — The seduction of a
virgin over twelve years and under eighteen years of age,
committed by any person in public authority, priest, house-
servant, domestic, guardian, teacher, or any person who, in
any capacity, shall be entrusted with the education or custody
of the woman seduced, shall be punished by prisión
correccional in its minimum and medium periods.

The penalty next higher in degree shall be imposed upon any

person who shall seduce his sister or descendant, whether or
not she be a virgin or over eighteen years of age.

Under the provisions of this Chapter, seduction is committed

when the offender has carnal knowledge of any of the
persons and under the circumstances described herein.

ARTICLE 338. Simple Seduction. — The seduction of a

woman who is single or a widow of good reputation, over
twelve but under eighteen years of age, committed by means
of deceit, shall be punished by arresto mayor.

ARTICLE 339. Acts of Lasciviousness with the Consent of the

Offended Party. — The penalty of arresto mayor shall be
imposed to punish any other acts of lasciviousness committed
by the same persons and the same circumstances as those
provided in articles 337 and 338.

ARTICLE 340. Corruption of Minors. — Any person who shall

habitually or with abuse of authority or confidence, promote or
facilitate the prostitution or corruption of persons underage to
satisfy the lust of another, shall be punished by prisión
correccional in its minimum and medium periods, and if the
culprit be a public officer, he shall also suffer the penalty of
temporary absolute disqualification.

ARTICLE 341. White Slave Trade. — The penalty of prisión

correccional in its medium and maximum periods shall be
imposed upon any person who, in any manner, or under any
pretext, shall engage in the business or shall profit by
prostitution or shall enlist the services of women for the
purpose of prostitution.
 ARTICLE 342. Forcible Abduction. — The abduction of any
woman against her will and with lewd designs shall be
punished by reclusión temporal.

The same penalty shall be imposed in every case, if the

female abducted be under twelve years of age.

ARTICLE 343. Consented Abduction. — The abduction of a

virgin over twelve years and under eighteen years of age,
carried out with her consent and with lewd designs, shall be
punished by the penalty of prisión correccional in its minimum
and medium periods.

ARTICLE 347. Simulation of births, substitution of one child

for another and concealment or abandonment of a legitimate
child. - The simulation of births and the substitution of one
child for another shall be punished by prision mayor and a fine
of not exceeding Two hundred thousand pesos (P200,000).

The same penalties shall be imposed upon any person who

shall conceal or abandon any legitimate child with intent to
cause such child to lose its civil status.

Any physician or surgeon or pub he officer who, in violation of

the duties of his profession or office - shall cooperate in the
execution of any of the crimes mentioned in the two (2) next
preceding paragraphs, shall suffer the penalties therein
prescribed and also the penalty of temporary special
disqualification.

ARTICLE 348. Usurpation of Civil Status. — The penalty of

prisión mayor shall be imposed upon any person who shall
usurp the civil status of another, should he do so for the
purpose of defrauding the offended party or his heirs;
otherwise, otherwise, the penalty of prisión correccional in its
medium and maximum periods shall be imposed.

ARTICLE 349. Bigamy. — The penalty of prisión mayor shall

be imposed upon any person who shall contract a second or
subsequent marriage before the former marriage has been
legally dissolved, or before the absent spouse has been
declared presumptively dead by means of a judgment
rendered in the proper proceedings.
 ARTICLE 350. Marriage Contracted Against Provisions of
Laws. — The penalty of prisión correccional in its medium and
maximum periods shall be imposed upon any person who,
without being included in the provisions of the next preceding
article, shall contract marriage knowing that the requirements
of the law have not been complied with or that the marriage is
in disregard of a legal impediment.

If either of the contracting parties shall obtain the consent of

the other by means of violence, intimidation or fraud, he shall
be punished by the maximum period of the penalty provided
in the next preceding paragraph.

ARTICLE 352. Performance of Illegal Marriage Ceremony. —

Priests or ministers of any religious denomination or sect, or
civil authorities who shall perform or authorize any illegal
marriage ceremony shall be punished in accordance with the
provisions of the marriage law.

ARTICLE 353. Definition of Libel. — A libel is a public and

malicious imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status, or
circumstance tending to cause the dishonor, discredit, or
contempt of a natural or juridical person, or to blacken the
memory of one who is dead.
 ARTICLE 354. Requirement for Publicity. — Every
defamatory imputation is presumed to be malicious, even if it
be true, if no good intention and justifiable motive for making it
is shown, except in the following cases:

1. A private communication made by any person to another in

the performance of any legal, moral or social duty; and

2. A fair and true report, made in good faith, without any

comments or remarks, of any judicial, legislative or other
official proceedings which are not of confidential nature, or of
any statement, report or speech delivered in said
proceedings, or of any other act performed by public officers
in the exercise of their functions.

ARTICLE 356. Threatening to Publish and Offer to Prevent

Such Publication for a Compensation. — The penalty of
arresto mayor or a fine of from Forty thousand pesos
(P40,000) to Four hundred thousand pesos (P400,000), or
both, shall be imposed upon any person who threatens
another to publish a libel concerning him or the parents,
spouse, child, or other members of the family of the latter, or
upon anyone who shall offer to prevent the publication of such
libel for a compensation or money consideration.

ARTICLE 357. Prohibited publication of acts referred to in the

course of official proceedings. - The penalty of arresto mayor
or a fine of Forty thousand pesos (P40,000) to Two hundred
thousand pesos (P200,000), or both, shall be imposed upon
any reporter, editor or manager of a newspaper, daily or
magazine, who shall publish facts connected with the private
life of another and offensive to the honor, virtue and
reputation of said person, even though said publication be
made in connection with or under the pretext that it is
necessary in the narration of any judicial or administrative
proceedings wherein such facts have been mentioned.
 ARTICLE 359. Slander by deed. - The penalty of arresto
mayor in its maximum period to prision correccional in its
minimum period or a fine ranging from Twenty thousand
pesos (P20,000) to One hundred thousand pesos (P100,000)
shall be imposed upon any person who shall perform any act
not included and punished in this title., which shall cast,
dishonor, discredit or contempt upon another person. If said
act is not of a serious nature, the penalty shall be arresto
menor or a fine not exceeding Twenty thousand pesos
(P20,000).

ARTICLE 361. Proof of the Truth. — In every criminal

prosecution for libel, the truth may be given in evidence to the
court and if it appears that the matter charged as libelous is
true, and, moreover, that it was published with good motives
and for justifiable ends, the defendants shall be acquitted.

Proof of the truth of an imputation of an act or omission not

constituting a crime shall not be admitted, unless the
imputation shall have been made against Government
employees with respect to facts related to the discharge of
their official duties.

In such cases if the defendant proves the truth of the

imputation made by him, he shall be acquitted.

ARTICLE 363. Incriminating Innocent Person. — Any person

who, by any act not constituting perjury, shall directly
incriminate or impute to an innocent person the commission of
a crime, shall be punished by arresto mayor.

ARTICLE 364. Intriguing against honor. - The penalty of

arresto menor or fine not exceeding Twenty thousand pesos
(P20,000) shall be imposed for any intrigue which has for its
principal purpose to blemish the honor or reputation of a
person.
felony, shall suffer the penalty of arresto mayor in its medium
and maximum periods; if it would have constituted a less
serious felony, the penalty of arresto mayor in its minimum
period shall be imposed.

When the execution of the act covered by this article shall

have only resulted in damage to the property of another, the
offender shall be punished by a fine ranging from an amount
equal to the value of said damages to three (3) times such
value, but which shall in no case be less than Five thousand
pesos (P5,000).

A fine not. exceeding Forty thousand pesos (P40,000) and

censure shall be imposed upon any person, who, by simple
imprudence or negligence, shall cause some wrong which, if
done maliciously, would have constituted a light felony.

In the imposition of these penalties, the court shall exercise

their sound discretion, without regard to the rules prescribed
In Article 64.

The provisions contained in this article shall not be applicable:

1. When the penalty provided for the offense is equal to or

lower than those provided in the first two (2) paragraphs of
this article, in which case the court shall impose the penalty
next lower in degree than that which should be imposed in the
period which they may deem proper to apply.

2. When, by imprudence or negligence and with violation of

the Automobile Law, the death of a person shall be caused, in
which case the defendant shall be punished by prision
correccional in its medium and maximum periods.

'Reckless imprudence consists in voluntarily, but without

malice, doing or failing to do an act from which material
damage results by reason of inexcusable lack of precaution
on the part of the person performing or failing to perform such
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soliciting
means ofoftheirof anyoffices
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toany
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Punishable: thehis
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people emblems,
writings, vote
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4.b.
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prevent
By
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accepting
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National
to the
appointment
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Punishable:
Government
rebellion;
employing
overthrow is to
the to seize
office
force or
Government. or
any
under
or diminish
provincial
them.
intimidation state
or
for
1.
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municipalThat the
attainment attended
government
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armed
Elements:
the done
public anypeace
purpose by persons
public
means officer
enumerated offorspeeches,
the in
from purpose
freely
defining of
Act punishable:
committing
exercising
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proclamation, itsany or
uses of
his the
force, crimes
functions intimidation,punishable
or to prevent threats, under
the the
execution
or fraud Code. 2. of
1.3.ThereWriting, must thebecrimes
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seditionlibels
ascurrilous
decision toorriseotheragainst
publicly
Purpose
the govt ofrepresentations
the
or any offenderany
of the Requisites:
administrative
is
duly to prevent
tending
Elements: constituted tothe order;
anyobjects
the member
same
authorities end. oftherein
the nat’l
and
1. tumultuously
There be to attain any of of sedition.
1.
c.1.ToThere
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1.which anyaaa meeting,
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meeting
projected
act
tend of tohate
assembly
employs
of
disturb
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actual
orforce nat’l
revenge
from:
the
assembly
meeting
or orintimidation
public group
upon ofthe
peace
orof any
the national
persons
person of itsor
committees
assembly or
property
a.ofAttending or any
whether subcommittees,
of
ofthe its
in
any committees
a
meetings fixed
public place con
officer
ofany or
theof com
or or movingor
subcommittees,committees
employee;
assembly or of ofcon or
2. Aim divisions thethereof,
offender or isofto anyattain provincial the
board purposes or city or the
com
d. To orcommit
divisions
2. The meeting
for thereof,
any is
political or any
attended or of
socialthe
by provincial
armed
end, anypersons board
act of or
hate cityor
crime of any rebellionof its committeesor
municipalany of the
Elements:
council
subcommittees,
objects or in the crime conof sedition
3. The
revenge purpose against
com or
orof municipal
the
private
committees meeting council
persons is
or to or orboard
commit
divisions board
any any
social
thereof of the
class; crimes
and
1. Offender
2. ToThe does not
2.offender
Offender who take
does may direct
any beof part
anythe in the crime
following
person acts:
prevents of sedition
such
2. He e. incitesdespoil, others 3.punishable
for
b. There any
Expressing
to the political
is no under his
public
accomplishment or this
social
opinions Code.
uprising end,of anyanyofperson, the acts
2. Any meeting
municipality, a. Disturbs
or province meeting
in which
which c. any
the
Casting by offorce
audience,
orPunishable:
the such
National
his or
vote meetings
fraud
whether
Government armedoforallnot, its
b. Behaves while in the Acts
Elements constitute
presence (par sedition
of 1): such bodies in such
any
is incited
3. Totally
The to the commission
property Acts or of
any
Punishable: thepart crime thereof. of treason, rebellion
1.
manner 1. Ainciting
as ortopartially
person isindone
interrupt authority
Acts by proceedings
organized
its means
or his
Punishable: forof the
agent speeches,
purpose
or istoengaged
impair proclamation,
of committing
in the
the respect
or insurrection,
2.performance
W/o sedition, Acts or
byElements: assault
punishable: upon a person in authority
1.public
any Refusingof uprising,
writings,
the crimes
of official
w/o emblems,
legal
or
dutyattacking
punishable
due
his excuse,ortogives
agents it or
cartoons,
to employing
under
a
obey lawfuletc
the
summons code
order force to or theby
1. 2.
A By
person
2.seriously
Totally arrestingor in
intimidating
partially or searching
authority oror
organized his
seriously any
agentfor memberis the
resisting
some thereof
victim
purpose any of while
any
persons
contrary ofthe
the
in to
2. Refusing to be swornoffender or placed under affirmation while
nat’l
2. The assembly
authority
offender of is in
any
resists regular
forms of his of
public
or or
direct
agents,
seriously special
morals assault
while session,
disobeys engaged suchexcept in
personthein casein
being before such legislative Acts
Acts Punishable:or constitutional body or official
Punishable:
Requisites:
such membercame has committed ahis crime punishable under the
3.2.
1. 1. 1.
A person
performance
Refusing
Causing Publishing
There any
is toa answerof or
serious
meeting,
to
official
1. any
authority
causing
the
Municipal
disturbance
a
aid
duties,
legalorof
to
gathering be orsuch on
mayor
agent
inquiry
published,
in or
authority
the or occasion
to produce
aintimidation
apublic
group by
or his
means
place,
of
of agent
persons,
such
books,
of or
office,
3.3.The Code
offender
The act lithography 2. the
of by
Division a
makes penalty
offender use higher
of
performance
superintendent
is not force thanor
included prision
ofpossession,
schools
inofthe mayor upon
provisions such
papers,
printing, documents,
whether inor or records
any
establishment
aElements:
fixed otherplace inmeanshisor teachers
moving publication, whenasof
required by3. Public
them art
to anddo148, so person
private149,
in the school
andexercise 150 of their function
news 2. The
2. any
Interrupting false
audience, news
or whether which
disturbing Elements: may
armed endanger
performances, or force,
not, is makes the public
functions
incited order,
or
to serious
the
1.4.Offender
Restraining
or cause makes
damage another anActs 4.attack,
to Teacher-nurse
from
the employs
attending
Punishable:
interest or as
credit a witness
of the ain
State such
gatherings, commission
1. or
Offender peaceful of the
is aassemblies
crime
public of if
treason,
officer theor acts
rebellion
employee is not included
or
1. Discharging
2. Encouraging intimidation 5.disobedience
President
legislative any orfirearm,
Elementsmakes
or of a(par
sanitary
constitutional
rocket,
to serious
the 2):
law resistance
division
body
firecracker,
or toofthe or other
constituted
2. The 1. 2.An Heagent
person insurrection,
arrests assaulted
of aorin 6.
Arts.
searches
person
sedition,
is
Provinciala
131
inperson
and
any
authority
orfiscal
132
direct
member
in assault
authority
is engaged theorto nat’l
his
inbe agent
5. Inducing
explosives
authorities
3. Making disobedience
w/in
anyoroutcry any town
by praising, tending to
or a
public summon
justifying
to place,
incite or
or refusalor
calculated
extolling
rebellion any tothe
sedition sworn
cause
act in
3. At
performance the time of of the 7.
official assault
Justiceassembly
duty orthe
of person
peace
gives a in
lawful authority
order toor his
the
punished by
any law, by
by
meeting, any
the alarm such
same
association or body
danger
means or
or orofficial
by
public words,
place utterances
3. The assembly, at8.in the time of arrest or search, of is hisinofficial
regular
2. agent
Instigating is engaged
4. Displaying or taking placards
the
Municipal
an oractiveactual
offender
speeches
or emblems
performance
councilor
part in any which charivari
provoke or aother
duties or that
9. he
Barrio is
2. Offender or
assaulted
captain special and
disobeys by session
reason
barangay such of past
chairman
agent performance
disorderly
3.The Maliciously meeting
disturbance offensive
publishing of public orto causing
another
order intoor
such prejudicial
be published
place to any public
4. 4.Offender 3. member
Such knows arrested
that
disobedience the orone searched
is w/ohe
not isof ahas
assaulting
serious not committed
is a person
nature ain
official
5. resolution
Burying with or
pomp documentthe tranquility
body of proper
a person authority
who has or before
been
crime punishable
authority or public
his underagent the Code
in published
the by
exercise a penalty
of hisabout higher
dutiesat night than
3. Disturbing the
they have peace
been
legally while
executed wandering
officially
5. There prision
is no mayor uprising
public
or while engaged in any
4. Printing, publishing, or distributing books (or causing the other nocturnal amusements.
4. Causing
same) books, anypamphlets,disturbance or scandalorinleaflets
periodicals, public places which do whilenot
intoxicated
bear the real or otherwise, printer’s name provided or which Art 153 areisclassified
not applicable as
 Elements:
1. There is a person confined in a jail or penal establishment
2. The offender removes therefrom such person or helps the
escape of such person

Elements:
1. Offender is a convict by final judgement
2. He is serving his sentence which consists in deprivation of
liberty
3. He evades the service of his sentence by escaping during
the term of his sentence

Elements:
1. Offender is a convict by final judgement
2. There is a disorder arising from:
a. Conflagration
b. Earthquake
c. Explosion
d. Similar catastrophe
e. Mutiny in which he has not participated
3. Offender evades the service of his sentence by leaving the
penal institution
4. Offender fails to give himself up to the authorities w/in 48
hrs following the issuance of a proclamation by the Chief
Executive announcing the passing away of such calamity

Elements of the offense of violation of conditional

pardon:
1. Offender was a convict
2. He was granted a conditional pardon by the Chief
Executive
3. He violated any of the conditions of such pardon
 Elements:
1. Offender was already convicted by final judgement of one
offense
2. He committed a new felony before beginning to serve such
sentence or while serving the same

Acts Punished:
1. Forging the Great Seal of the Govt of the Philippines
2. Forging the signature of the president
3. Forging the stamp of the president

Elements:
1. The Great Seal of the Republic of the Philippines was
counterfeited or the signature or stamp of the Chief Executive
was forged by another person
2. The offender knew of the counterfeiting or forgery
3. He used the counterfeit sel or forged signature or stamp

Elements:
1. There be a false or counterfeited coins
2. The offender either made, imported, or uttered such coins
3. In case of uttering such false or counterfeited coins, he
connived with the counterfeiters or importers
 Acts Punishable:
1. Mutilating coins of legal currency with intent to damage or
defraud another
2. Importing or uttering such mutilated coins, with the further
requirement that there must be connivance with the mutilator
or importer in case of uttering

Acts Punishable:
1. Possession of coin, counterfeited or mutilated by another
person with intent to utter the same, knowing that it is false or
mutilated
Elements:
1. Possession
2. With intent to utter
3. Knowledge

Acts Punishable:
2. Actually uttering such false or mutilated coin, knowing the
same to be false or mutilated
Elements:
1. Actually uttering
2. Knowledge
 Acts Punishable:
1. Forging or falsification of treasury or bank notes or other
documents payable to bearer
2. Importation of such false or forged obligations or notes
3. Uttering such false or forged obligations or notes in
connivance with the forgers of importer

Elements:
1. There be an instrument payable to order or other
documents of credit not payable to bearer
2. The offender either forged, imported, or uttered such
instrument
3. In case of uttering, he connived with the forger or importer

Elements:
1. Any treasury or bank note or certificate or other obligation
or security payable to bearer, or any instrument payable to
order or other document of credit not payable to bearer is
forged or falsified by another person
2. The offender knows that any of those instruments is forged
or falsified
3. He performs any of these acts:
a. Using any of such forged or falsified instruments
b. Possessing with intent to use any of such forged or
falsified instruments
 Forgery includes falsification and counterfeiting.

Elements:
1. By giving to a treasury or bank note or any instrument
payable to bearer or to order mentioned therein, the
appearance of a true genuine document.
2. By erasing, substituting, counterfeiting or altering by any
means the figures, letters, words or signs contained therein.

Elements:
1. There be a bill, resolution or ordinance enacted or
approved or pending approval by either house of legislature
or any provincial board or municipal council
2. The offender alters the same
3. He has no proper authority therefor
4. The alteration has changed the meaning of the documents

Elements:
1. Offender is a public officer, employee, or notary public
2. He takes advantage of his official position
3. He falsifies a document by committing any of these acts:
a. Counterfeiting or using any handwriting, signature or rubric

b. Causing it to appear that persons have participated in any

act or proceeding when they did not in fact so participate
c. Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by them

d. Making untruthful statements in a narration of facts e.

Altering true dates
f. Making any alteration or intercalation in a genuine
document which changes its meaning
g. 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
h. Intercelating any instrument or nore relative to the
issuance thereof in a protocol, registry, or official book 4. In
case the offender is an ecclesiastical minister, falsification is
committed with respect to any record or document of such
character that its falsificationina may affect the civil status of
persons.
1. Falsification of public, official, or commercial document by a
private individual

Elements:
1. Offender is a private individual or a public officer or
employee who did not take advantage of his official position
2. He committed any of the acts of falsification enumerated
in Art 171
3. The falsification was committed in a public or official or
commercial document
2. Falsification of private documents by any person

Elements:
1. Offender committed any of the acts of falsification, except
those in Par 7, enumerated in Art 171
2. The falsifications was committed in any private document
3. The falsification cause damaged to a 3rd party or at least
the falsification was committed with intent to cause such
damage
3. Use of falsified documents

Elements (judicial proceeding)

1. The offender knew that a document was falsified by
another person
2. The false document is embraced in Art 171 or in any
subdivisions no. 1 and 2 of art 172
3. He introduced said document in evidence in any judicial
proceeding

Elements (any other transaction)

1. Offender knew that a document was falsified by another
person
2. The false document is embraced in Art 171 or in any
subdivisions no. 1 and 2 of art 172
3. He used such documents (not in judicial proceeding)
4. The use of the false document caused damage to another
or at least it was used with intent to cause such damage

Acts Punishable:
1. Uttering fictitious wireless, telegraph or telephone message
2. Falsifying wireless, telegraph or telephone message

Elements:
1. Offender is an officer or employee of the govt or of a
private corp engaged in the service of sending or receiving
wireless, cable or telephone message
2. Offender commits any of the following acts
a. Uttering fictitious wireless, cable, telegraph or telephone
message
b. Falsifying wireless, cable, telegraph or telephone message
3. Using such falsified message

Elements:
1. Accused knew that wireless, cable, telegraph, or telephone
message was falsified by any of the persons specified in the
1st paragraph
 Acts Punishable:
1. Any physician or surgeon who, in connection with the
practice of his profession, shall issue a false certificate; and
2. Any public officer who shall issue a false certificate of merit
of service, good conduct or similar circumstances.

Elements:
1. A physician or surgeon, public officer, private individual
issues a false certificate
2. Offender knew that the certificate is false
3. He used the same

Acts Punisable:
1. Making or introducing into the Philippines any stamps, dies,
marks, or other instruments or implements for counterfeiting
or falsification
2. Possessing with intent to use the instruments or
implements for counterfeiting or falsification made in or
introduced into the Philippines by another person
 2 Offenses:
1. Usurpation of Authority
2. Usurpation of official functions

Acts Punishable:
1. By knowingly and falsely representing oneself to be an
officer, agent, or representative of any department or agency
of the Philippine Govt or any foreign govt
2. By performing any act pertaining to any person in authority
or public officer of the Phil Govt or of a foreign govt or any
agency thereof, under pretense of official position w/o being
lawfully entitled to do so.

Elements (Fictitious name):

1. Offender uses a name other than his real name
2. He uses that fictitious name publicly
3. The purpose is:
a. To conceal a crime
b. To evade the execution of a judgement
c. To cause damage to public interest

Elements (Concealing true name):

1. The offender conceals:
a. His true name
b. All other personal circumstances
2. The purpose is only to conceal his identity

Elements:
1. Offender makes use of insignia, uniform or dress
2. The insignia, uniform, or dress pertains to an office not held
by the offender or to a class of persons of which he is not a
member 3. Said insignia, uniform or dress is used publicly
and improperly
 Elements:
1. There be a criminal proceeding
2. The offender testifies falsely under oath against the
defendant
3. Offender who gives false testimony knows that it is false
4. The defendant against him whom the false testimony is
given is either acquitted or convicted in a final judgement

Acts Punishable:
False testimony is punished not because of the effect it
actually produces but because of its tendency to favor or to
prejudice the defendant

Elements:
1. The testimony must be given in a civil case
2. The testimony must relate to the issues presented in said
case
3. Testimony must be false
4. The false testimony must be given by the defendant
knowing the same to be false
5. The testimony must be malicious and given with an intent
to affect the issues presented in said cases
 Acts Punishable:
1. Falsely testifying under oath
2. Making a false affidavit

Elements of perjury:
1. Accused made a statement under oath or executed an
affidavit upon a material matter
2. The statement or affidavit was made before a competent
officer authorized to receive an administer oath
3. In that statement of affidavit, the accused made a willful
and deliberate assertion of a falsehood
4. The sworn statement or affidavit containing the falsity is
required by law

Elements:
1. The offender offered in evidence a false witness or false
testimony
2. He knew the witness or the testimony was false
3. The offer was made in a judicial or official proceeding

Acts Punishable:
1. Soliciting any gift or promise as a consideration for
refraining from taking part in any public auction

Elements:
1. There be a public auction
2. Accused solicited any gift or a promise from any of its
bidders
3. Such gift or promise was the consideration for his refraining
from taking part in that public auction
4. The accused had the intent to cause the reduction of the
price of the thing auctioned
2. Attempting to cause bidders to stay away from an auction
by threats, gifts, promises, or any other artifice

Elements:
1. There be a public auction
2. Accused attempted to cause the bidders to stay away from
that public auction
3. It was done by threats, gifts, promises, or any other artifice

4. The accused had the intent to cause the reduction of the

price of the thing auctioned
 Elements:
1. Offender imports, sells or disposes of any of those articles
or merchandise
2. The stamps, brands, or marks of those articles or
merchandise fail to indicate the actual fineness or quality of
said metal or alloys
3. The offender knows that the stamps, brands, or marks fail
to indicate the actual fineness or quality of the metals or
alloys
 Acts Punishable:
1. Cockfighting, jueteng, jai-alai, or horse racing to include
bookie operations and game fixing, numbers, bingo and other
forms of lotteries
2. Cara y cruz, pompiang, and the like
3. 7-11 and game using dice
4. Black jack, lucky nine, poker, and other card games 5. Pak
que, high and low, mahjong, domino, and other games using
plastic tiles
6. Slot machines, roulette, pinball, and other contraptions, and
devices
7. Dog racing, boat racing, car racing, and other forms of
racing 8. Individual or team contests to include game fixing,
point shaving, and other machinations
9. 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

Knowingly permitting any form of gambling referred to above

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

Knowingly permitting any form of gambling to be carried on in

a place which has a reputation of a gambling place or that
prohibited gambling is frequently carried on therein or in a
public or govt building or brgy hall

Acts punishable:
1. Importing into the Philippines from any foreign place or port
any lottery ticket or advertisement
2. Selling or distributing the name in connivance with the
importer
3. Possessing knowingly and with intent to use, lottery tickets
or advertisement
4. Selling or distributing the same w/o connivance with the
importer

Acts Punishable:
1. Betting on horse races during the periods not allowed by
law
2. Maintaining or employing a totalizer or other device or
scheme for betting on races or realizing profit therefrom,
during the periods but allowed by law
 Elements:
1. Offender performs an act or acts
2. Such act or acts be highly scandalous as offending against
decency or good customs
3. The highly scandalous conduct is not expressly falling
within any other article of this Code
4. The act or acts complained of be committed in a public
place or within the public knowledge or view

Acts Punishable:
1. Publicly expounding or proclaiming doctrines openly
contrary to public morals
2. Authors of obscene literature, publishing with their
knowledge in any form; the editors publishing such literature;
and the owners/operators of the establishment selling the
same
3. Those who, in theaters, fairs, cinematographs or any other
place, exhibit, indecent or immoral plays, scenes, acts or
shows, whether live or in film, which are prescribed by virtue
hereof, shall include those which
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
4. Selling, giving away or exhibiting films, prints, engravings,
sculpture or literature which are offensive to morals
 Acts Punishable:
1. Having no apparent means of subsistence, who has the
physical ability to work and who neglects to apply himself or
herself to some lawful calling
2. Loitering about public or semi-public buildings or places or
trampling or wandering about the country or the streets
without visible means of support
3. Any idle or dissolute person who ledges in houses of ill
fame; ruffians or pimps and those who habitually associate
with prostitutes
4. Not being included in the provisions of other articles of this
Code, shall be found loitering in any inhabited or uninhabited
place belonging to another without any lawful or justifiable
purpose
5. Prostitutes

Requisites:
1. Taking part in the performance of public functions in the
govt or performing in said govt or in any of its branches public
duties as an employee, agent or subordinate official of any
rank or class
2. That his authority to take part in the performance of public
functions or to perform public duties must be
a. By direct provision of law
b. By popular election
c. By appointment by competent authority

Elements:
1. Offender is a judge
2. He renders a judgement in a case submitted to him for
decision
3. The judgement is unjust
4. The judge knows that his judgement is unjust

Elements:
1. Offender is a judge
2. He renders a judgement in a case submitted to him for
decision
3. The judgement is manifestly unjust
4. It is due to his inexcusable negligence or ignorance

Elements:
1. Offender is a judge.
2. He performs the following acts:
a. Knowingly renders unjust interlocutory order or decree.
b. Renders a manifestly unjust interlocutory order or
decree through inexcusable negligence or ignorance.
 Elements:

1. Offender is a judge.
2. There is a proceeding in his court.
3. He delays the administration of justice.
4. The delay is malicious that is, the delay is caused by the
judge with deliberate intent to inflict damage on either party in
the case.

Acts Punishable:

1. Maliciously refraining from instituting prosecution against

violators of the law.
2. Maliciously tolerating the commission of offenses.

Elements:

1. Offender is a public officer or officer of the law who has a

duty to cause the prosecution of, or to prosecute, offenses
2. There is a dereliction of the duties of his office, that is,
knowing the commision of the crimes, he does not cause the
prosecution of the criminal or knowing that a crime is about to
be committed, he tolerates its commission.
3. The offender acts with malice and deliberate intent to favor
the violator of the law.

Acts punishable:

1. Causing damage to his client, either:

a. By any malicious breach of professional duty
b. By inexcusable negligence or ignorance.

2. Revealing any of the secrets of his clients learned by him in

his professional capacity.

3. Undertaking the defense of the opposing part in the same

case without the consent of his 1st client, after having
undertaken
the defense of said 1st client or after having received
confidential information from said client.
 Acts Punishable:

1. Agreeing to perform or by performing, inconsideration of

any
offer, promise, gift, or present - an act constituting a crime, in
connection with the performance of his official duties.

2. Accepting a gift in consideration of the execution of an act

which does not constitute a crime in connection with the
performance of his official duties.

3. Agreeing to refrain or by refraining from doing something

which it is his official duty to do, in consideration of gift or
promise.

Elements:
1. Offender is a public officer or employee
2. Offender accepts an offer or promise or receives a gift or
present by himself or through another
3. Such offer or promise be accepted or gift or present
received
by public officer
a. With a view to committing some crime
b. In consideration of the execution of an act which does not
constitute a crime, but the act must be unjust
c. To refrain from doing something which it is his official
duty to do.
4. The act which the offender agrees to perform or which he
executed be connected with the performance of his official
duties.

Elements:

1. Offender is a public officer.

2. He accepts gifts.
3. Said gifts are offered to him by reason of his office.

Elements:

1. Offender is a public officer entrusted with law enforcement.

2. Offender refrains from arresting or prosecuting an offender
who has committed a crime punishable by reclusion perpetua
and/or death.
3. The offender refrains from arresting or prosecuting the
offender in consideration of any promise, gift or present.
 Elements:

1. Offender makes offers or promises or gives gifts or

presents
to a public officer.
2. The offers or promises are made or the gifts or presents
given to a public officer, under circumstances that will make
the public officer liable for direct bribery or indirect bribery.

1. Entering into an agreement with any interested party or

speculator or making use of any other scheme, to defraud the
Government, 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
Elements:

1. Offender is a public officer

2. He should have taken advantage of his office
3. He entered into an agreement with any interested
party or speculator or made use of any other scheme
with regard to:
a. Furnishing supplies
b. Making contracts
c. The adjustment or settlement of accounts
relating public property or funds
4. Accused had intent to defraud the Government

2. Demanding, directly or indirectly, the payment of sums

different from or larger than those authorized by law, in the
collection of taxes, licenses, fees, and other imposts.

3. Failing voluntarily to issue a receipt, as provided by law, for

any sum of money, collected by him officially, in the collection
of taxes, licenses, fees, and other imposts.

4. Collecting or receiving, directly or indirectly, by way of

payment or otherwise, things or objects of a nature different
from that provided by law, in the collection of taxes, licenses,
fees, and other imposts.

Elements of Illegal Exaction:

1. Offender is a public officer entrusted with the collection of
taxes, licenses, fees, and other imposts.
2. He is guilty of any of the acts or omissions enumerated in
Elements:

1. Offender is a public officer.

2. He takes advantage of his official position.
3. He commits any of the frauds or deceits enumerated in
Articles
315 to 318.
 Elements:

1. Offender is an appointive public officer.

2. He becomes interested, directly or indirectly, in any
transaction of exchange or speculation.
3. The transaction takes place within the territory subject to
his
jurisdiction.
4. He becomes interested in the transaction during his
incumbency.

Acts Punishable:

1. Public officer who, directly or indirectly, became interested

in
any contract or business in which it was his official duty to
intervene.
2. Experts, arbitrators, and private accountants who, in like
manner, took part in any contract or transaction connected
with the estate or property in the appraisal, distribution or
adjudication of which they had acted.
3. Guardians and executors with respect to the property
belonging to their wards or the estate.
 Acts Punishable:

1. Appropriating public funds or property.

2. Taking or misappropriating the same.
3. Consenting or through abandonment or negligence,
permitting any other person to take such public funds or
property.
4. Being otherwise guilty of the misappropriation or
malversation
of such funds or property.

Elements:
1. Offender is a public officer.
2. He had the custody or control of funds or property by
reason
of the duties of his office.
3. Those funds or property were public funds or property for
which he was accountable.
4. He appropriated, took, misappropriated or consented or,
through abandonment or negligence, permitted another
person to take them.

Elements:

1. The offender is a public officer, whether in the service or

separated therefrom.
2. He must be an accountable officer for public funds or
property.
3. He is required by law or regulation to render accounts to
the COA or to a provincial auditor.
4. He fails to do so for a period of 2 months after such
accounts
should be rendered.
 Elements:

1. Offender is a public officer.

2. He must be an accountable officer for public funds or
property
3. He must have unlawfully left (or be on the point of leaving)
the Philippines without securing from COA a certificate
showing
that his accounts have been finally settled.

Elements:

1. Offender is a public officer.

2. There is public fund or property under his administration.
3. Such public fund or property has been appropriated by law
or
ordinance.
4. He applies the same to a public use other than that for
which
such fund or property has been appropriated by law or
ordinance.

Acts Punishable:

1. Failing to make payment by a public officer who is under

obligation to make such payment from Government funds in
his possession

Elements:
1. The public officer has gov’t funds in his possession
2. He is under obligation to make payment from such
funds
3. He fails to make payment maliciously

2. Refusing to make delivery by a public officer who has been

ordered by competent authority to deliver any property in his
custody or under his administration

Acts Punishable:

1. Private individuals who, in any capacity whatever, have

charge of any national, provincial or municipal funds, revenue
or property
2. Administrator or depository of funds or property, attached,
seized or deposited by public authority, even if such property
belongs to a private individual
 Elements:

1. Offender is a public officer.

2. He had in his custody or charge, a prisoner, either
detention
prisoner or prisoner by final judgement.
3. Such prisoner escaped from his custody.
4. He was in connivance with the prisoner in the latter’s
escape.

Elements:

1. Offender is a public officer.

2. He is charged with the conveyance or custody of a
prisoner,
either detention prisoner or prisoner by final judgement.
3. Such prisoner escapes through his negligence.

Elements:

1. Offender is a private person.

2. The conveyance or custody of a prisoner or person under
arrest is confided to him.
3. Prisoner or person under arrest escapes.
4. The offender consents to the escape of the prisoner or
person under arrest, or that the escape takes place through
his negligence.
 Elements:

1. Offender is a public officer.

2. He abstracts, destroys or conceals documents or papers.
3. The said documents or papers should have been entrusted
to
such public officer by reason of his office.
4. That damage, whether serious or not, to a third party or to
the
public interests should have been caused.

Elements:

1. The offender is a public officer.

2. He is charged with the custody of papers or property.
3. These papers or property are sealed by proper authority.
4. He breaks the seals or permits them to be broken.

Elements:

1. Offender is a public officer.

2. Any closed papers, documents, or objects are entrusted to
his custody.
3. He opens or permits to be opened said closed papers,
documents, or objects.
4. He does not have proper authority.
 Acts Punishable:
1. Revealing any secrets known to the offending officer by
reason of his official capacity.

Elements:
1. Offender is a public officer.
2. He knows of a secret by reason of his official capacity
3. He reveals such secret w/o authority or justifiable
reasons.
4. Damage, great or small, be caused to the public
interest.

2. Delivering wrongfully papers or copies of papers of which

he
may have charge and which should not be published.

Elements:
1. Offender is a public officer.
2. He has charge of papers.
3. Those papers should not be published.
4. He delivers those papers or copies thereof to a third
person or copies thereof to a third person.
5. The delivery is wrongful.
6. Damage is caused to public interest.

Elements:

1. Offender is a public officer.

2. He knows of the secrets of a private individual by reason of
his office.
3. He reveals such secrets w/o authority or unjustifiable
reason.

Elements:

1. Offender is a judicial or executive officer.

2. There is a judgement, decision or order of a superior
authority.
3. Such judgement, decision or order was made within the
scope of the jurisdiction of the superior authority and issued
with all the legal formalities.
4. The offender w/o any legal justification openly refuses to
execute the said judgement, decision or order, which he is
duty bound to obey.
 Elements:

1. Offender is a public officer.

2. An order is issued by his superior for execution.
3. He has for any reason suspended the execution of such
order.
4. His superior disapproves the suspension of the execution.
5. Offender disobeys his superior despite the disapproval of
suspension.

Elements:

1. Offender is a public officer.

2. A competent authority demands from the offender that he
lend his cooperation towards the administration of justice or
other public service.
3. The offender fails to do so maliciously.

Elements:

1. Offender is elected by popular election to public office.

2. He refuses to be sworn in or to discharge the duties of said
office.
3. There is no legal motive for such refusal to be sworn in or
to discharge the duties of said office.

Elements:

1. Offender is a public officer or employee.

2. He has under his charge a prisoner or detention prisoner.
3. He maltreats such prisoner in either of the following
manners:
a. By overdoing himself in the correction or handling of a
prisoner or detention prisoner under his charge either:
i. By the imposition of punishments not authorized by
the regulations or;
ii. By inflicting such punishment (those authorized) in a
cruel and humiliating manner
b. By maltreating such prisoner to extort confession or to
obtain some information from the prisoner
 Elements:

1. Offender is entitled to hold a public officer or employment,

either by election or appointment.
2. The law requires that he should first be sworn in and/or
should first give a bond.
3. He assumed the performance of the duties and powers of
such office.
4. He has not taken his oath of office and/or given the bond
required by law.

Elements:

1. Offender is holding a public office.

2. The period provided by law, regulations or special
provisions for holding such office, has already expired.
3. He continues to exercise the duties and powers of such
office.

Elements:

1. Offender is a public officer.

2. He formally resigns from his position.
3. His resignation has not yet been accepted.
4. He abandons his office to the detriment of the public
service.

Elements:

1. Offender is an executive or judicial officer.

2. He either:
a. Makes general rules or regulations beyond the scope
of his authority
b. Attempts to repeal a law
c. Suspends the execution thereof
 Elements:

1. Offender is a judge.
2. He either:
a. Assumes a power pertaining to the executive
authorities
b. Obstructs the executive authorities in the lawful
exercise of their powers

Elements:

1. Offender is an officer of the executive branch of the gov't.

2. He either:
a. Assumes judicial powers
b. Obstructs the execution of any order or decision
rendered by any judge within his jurisdiction

Elements:

1. Offender is a public officer.

2. A proceeding is pending before such public officer.
3. There is a question brought before the proper authority
regarding his jurisdiction, which is not yet decided.
4. He has been lawfully required to refrain from continuing the
proceeding.
5. He continues the proceeding.

Elements:

1. Offender is an executive officer.

2. He addresses any order or suggestion to any judicial
authority.
3. That the order or suggestion relates to any case or
business coming within the exclusive jurisdiction of the courts
of justice.

Elements:

1. Offender is a public officer.

2. He nominates a person to a public office.
3. Such person lacks the legal qualification therefor.
4. The offender knows that his nominee or appointee lacks
the qualifications at the time he made the nomination or
appointment.
 Acts Punishable:

1. Soliciting or making immoral or indecent advances to a

woman interested in matters pending before the offending
officer for decision, or with respect to which he is required to
submit a report to or consult with a superior officer.
2. Soliciting or making immoral or indecent advances to a
woman under the offender's custody.
3. Soliciting or making immoral or indecent advances to the
wife, daughter, sister or relative within the same degree by
affinity of any person in the cusotdy of the offending warden
or officer.

Elements:

1. Offender is a public officer.

2. He solicits or makes immoral to a woman.
3. That such woman is any of the mentioned above.

Elements:

1. A person is killed.
2. The deceased is killed by the accused.
3. The deceased is the father, mother or child, whether
legitimate or illegitimate, or a legitimate other ascendant or
descendant or the legitimate spouse of the accused.

Elements:

1. A legally married person or a parent surprises his spouse

or daughter, the latter under 18 years of age and living with
him, in the act of committing secual intercourse with another
person.
2. He or she kills any or both of them or inflicts upon any or
both of them any serious physical injury in the act or
immediately thereafter.
3. He has not promoted or facilitated the prostitution of his
wife or daughter, or that he or she has not consented to the
infidelity of the other spouse.
 Elements:

1. A person is killed.
2. The accused killed him.
3. The killing was attended by any of the qualifying
circumstances:
a. Treachery, taking advantage of superior strength, aid of
armed men, employing means to weaken the defense or of
means or persons to insure or afford impunity.
b. Price, reward or promise.
c. By means of inundation, fire, poision, explosion,
shipwreck, stranding of a vessel, derailment or assault upon a
streetcar or locomotice, 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 earhtquake, eruption of a
volcano, destructive cyclone, epidemic or other public
calamity.
e. Evident premeditation.
f. With cruelty, by deliberately and inhumanly augmenting
the suffering of the victim, or outraging or scoffing at his
person or corpse.
4. Killing is not parricide or infanticide.

Elements:

1. A person was killed.

2. The accused killed him w/o any justifying circumstances.
3. The accused had the intention to kill, which is presumed.
4. The killing was not attended by any of the qualifying
circumstances of murder, or by that of parricide or infanticide.
 Elements:

1. There be several persons.

2. They did not compose groups organized for the common
purpose of assaulting and attacking each other reciprocally.
3. These several persons quarreled and assualted one
another in a confused and tumultuous manner.
4. Someone was killed in the course of the affray.
5. It cannot be ascertained who actually killed the deceased.
6. The person or persons who inflicted serious physical
injuries or who used violence can be identified.

Elements:

1. There is a tumultuous affray as referred to in the rpeceding

article.
2. A participant or some participants thereof suffer serious
physical injuries of a less serious nature only.
3. The person responsible thereof cannot be identified.
4. All thos who appear to have used violence upon the person
of the offended party are known.

Acts Punishable:

1. By assisting another to commit suicide, whether the suicide

is consummated or not.
2. Lending his assistance to another to commit suicied to the
extent of doing the killing himself.

Elements:

1. Offender discharges a firearm against or at another person.

2. Offender has no intention to kill that person.
 Elements:

1. A child was killed.

2. Deceased child was less than 3 days old.
3. The accused killed the said child.

Acts Punishable:

1. Using any violence upon the person of a pregnant woman.

g, but w/o using violence, w/o the consent of the woman (by administering drugs or beverages)
3. Acting, w/ consent of the pregnant woman (by administering drugs or beverages)

Elements:

1. There is a pregnant woman.

ugs or beverages administered, or that the accused otherwise accused otherwise acts upon such pregnant woman.
gs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having expelled therefrom.
4. Abortion is intended.

Elements:

1. There is a pregnant woman.

2. Violence is used upon such pregnant woman without
intending an abortion.
3. The violence is intentionally exerted.
4. The fetus dies as a result of the violence, either in the
womb or after having been expelled therefrom.

Elements:

1. There is a pregnant woman who has suffered an abortion.

2. The abortion is intended.
3. The abortion is caused by:
a. Pregnant woman herself
b. Any other person, with her consent
c. Any of her parents, with her consent for the purpose of
concealing her dishonor.
 Elements:

1. There is a pregnant woman who has suffered an abortion.

2. The abortion is intended.
3. The offender, who must be a physician or midwide, causes
or assists in causing, the abortion.
4. Said physician or midwife takes advantage of his or her
scientific knowledge or skill.

Elements as to Pharmacists:
1. Offender is a pharmacist.
2. There is no proper prescription from a physician.
3. The offender dispenses any abortive.

Acts Punishable:

1. Killing one's adversary in a duel.

2. Inflicting upon such adversary physical injuries.
3. Making a combat although no physical injuries have been
inflicted.

Acts Punishable:

1. By Challenging another to a duel.

2. By inciting another to give or accept a challenge to a duel.
3. By scoffing at or decrying another publicly for having
refused to accept a challenge to fight a duel.

Elements:

1. There must be a previous agreement to engage in a

combat;
2. There must be two or more seconds for each combatant;
and
3. The choice of arms and other terms of agreement must be
agreed upon by the seconds.
 Two kinds of mutilation:

1. By intentionally mutilating another by depriving him, either

totally or partially, of some essential organ for reproduction.

Elements of mutilation of the first kind:

1. That there be a castration, that is, mutilation of organs

necessary for generation, such as the penis or ovarium.
2. That the mutilation is caused purposely and deliberately,
that is, to deprive the offended party of some essential organ
for reproduction.

2. By intentionally making other mutilation, that is, by lopping

or clipping of any part of the body of the offended party, other
than the essential organ for reproduction, to deprive him of
that part of his body.
 Acts Punishable:

1. Injured person becomes insane, imbecile, impotent, or blind

2. Injured person becomes:

a. Loses the use of speech or the power to hear or to
smell or loses an eye, a hand, a foot, an arm, or a
leg
b. Loses the use of any such member
c. Becomes incapacitated for the work in which he
was
therefore habitually engaged

3. When the person injured:

a. Deformed
b. Loses any other member of his body
c. Loses the use thereof
d. Becomes ill or incapacitated for the performance of
the work in which he was habitually engaged for
more
than 90 days

4. The injured person becomes ill or incapacitated for labor for

more than 30 days

Elements:

1. That the offender inflicted upon another any serious

physical injury
2. That it was done by knowingly administering to him any
injurious
substances or beverages or by taking advantage of his
weakness of mind or credulity
3. That he had no intent to kill
 Elements:

1. That the offended party is incapacitated for labor for 10

days or more (but not more than 30 days) or needs medical
attendance for the same period of time .
2. That the physical injuries must not be those described in
the preceding articles.

Acts Punishable:

1. Incapacitating the offended party for labor from 1-9 days or

required medical attendance during the same period
2. Physical injuries which did not prevent the offended party
from engaging in his habitual work or which did not require
medical attendance
3. Ill-treatment of another deed w/o causing any injury
 Elements of rape under par. 1 ( Rape by Sexual
Intercourse)

1. That the offender is a man;

2. That the offender had carnal knowledge of a woman;

3. That such act is accomplished under any of the following

circumstances:
a. By using force or intimidation
b. When the woman is deprived of reasons or
unconscious
c. By means of fraudulent machination or grave abuse
of
authority
d. When the woman is under 12 y/o or demented

Elements of rape under par. 2 ( Rape through Sexual

Assault)

1. That the offender commits an act of sexual assault

2. That the act of sexual assault is committed by any of the

following means:
a. By inserting his penis into another person’s mouth
or anal orifice
b. By inserting any instrument or object into the
genital or anal orifice of another person

3. That the act of sexual assault is accomplished under any of

the following circumstances:
a. Using force or intimidation
b. Woman is deprived of reasons or unconscious
c. By means of fraudulent machination or grave
abuse of authority
d. Woman is under 12 y/o or demented
 Elements:

1. That the offender is a private individual

2. That he kidnaps or detains another, or in any other manner
deprives the latter of his liberty
3. That the act of detention or kidnapping must be illegal
4. That in the commission of the offense, Any of the following
circumstances is present:
a. That the kidnapping or detention lasts for more than
3 days
b. That it is committed simulating public authority
c. That any serious physical injury are inflicted or
threats
to kill him are made
d. That the person kidnapped or detained is a minor,
female, or a public officer

Elements:

1. That the offender is a private individual

2. That he kidnaps or detains another, or in any other manner
deprives him of his liberty
3. That the act of kidnapping or detention is illegal
4. That uthe crime is without the attendance of any of the
circumstances enumerated in Article 267

Elements:

1. That the offender arrests or detains another person

2. That the purpose of the offender is to deliver him to the
proper
authorities
3. That the arrest or detention is not authorized by law or
there is no reasonable ground therefor
 Elements:

1. That the offender is entrusted with the custody of a minor

person (whether over or under 7 years but less than 21 years
of age)
2. He deliberately fails to restore the said minor to his parents
or
guardian

Elements:

1. That the minor is living in the home of his parents or

guardian or the persons entrusted with his custody
2. That the offender induces said minor to abandon such
home

Elements:

1. That the offender purchases, sells, kidnaps or detains a

human being
2. That the purpose of the offender is to enslave such human
being

Elements:

1. That the offender retains a minor to his service

2. That it is against the will of the minor
3. That it is under the pretext of reimbursing himself of a debt
incurred by an ascendant, guardian, or person entrusted with
the custody of such minor

Elements:

1. That the offender compels a debtor to work for him, either

as
household servant or farm laborer
2. That it is against the debtor’s will
3. That the purpose is to require or enforce the payment of a
debt
 Acts Punishable under Article 275

1. By failing to render assistance to any person whom the

offender
finds in an uninhabited place wounded or in danger of dying
when he can render such assistance without detriment to
himself,
unless such omission shall constitute a more serious offense

Elements:
a. The place is uninhabited
b. The accused found there a person wounded or in danger
of dying
c. The accused can render assistance without detriment to
himself
d. The accused fails to render assistance

2. By failing to help or render assistance to another whom the

offender has accidentally wounded or injured

3. By failing to deliver a child, under 7 years of age whom the

offender has found abandoned, to the authorities or to his
family, or by failing to take him to a safe place

Elements:

1. That the offender has the custody of a child

2. That the child is under 7 years of age
3. That he abandons such child
4. That he has no intent to kill the child when the latter is
abandoned
 Acts Punishable:

1. By delivering a minor to a public institution or other persons

without the consent of the one who entrusted such minor to
the care of the offender or, in the absence of that one, without
the consent of the proper authorities

Elements:
a. That the offender has charge of the rearing or education of
a minor
b. That he delivers said minor to a public institution or other
persons
c. That the one who entrusted such child to the offender has
not consented to such act; or if the one who entrusted such
child to the offender is absent, the proper authorities have not
consented to it.

2. By neglecting his (offender's) children by not giving them

the education which their station in life requires and financial
condition
permits

Elements:
a. That the offender is a parent
b. That he neglects his children by not giving them education
c. That his station in life requires such education and his
financial condition permits it
 Acts Punishable:

1. By causing any boy or girl under 16 years of age to perform

any dangerous feat of balancing, physical strength or
contortion, the offender being any person

2. By employing children under 16 years of age who are not

children or descendants of the offender in exhibitions of
acrobat, gymnast, ropewalker, diver, or wild-animal tamer, the
offender being an acrobat etc or circus manager or persons
engaged in the same calling

3. By employing any descendant under 12 years of age in

dangerous exhibitions enumerated in the next preceeding
paragraph, the offender being engaged in any of the said
callings.

4. By delivering a child under 16 years of age gratuitously to

any person following any of the above callings enumerated in
paragraph 2, or to any habitual vagrant or beggar, the
offender being an ascendant, guardian, teacher, or person
entrusted in any capacity with the care of such child

5. By inducing 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 the callings mentioned in
paragraph 2 or to accompany any habitual vagrant or beggar,
the offender being any person

Elements:

1. That the offender is a private person

2. That he enters the dwelling of another
3. That such entrance is against the latter’s will
 Elements:

1. That the offender enters the closed premises or the fenced

estate of another
2. That the entrance is made while either of them is
uninhabited
3. That the prohibition to enter be manifest
4. That the trespasser has not secured permission of the
owner or the caretaker thereof

Acts Punishable:

1. By threatening another with the infliction upon his person,

honor, or property or that of his family of any wrong
amounting to a crime and demanding money or imposing
another condition, even though not unlawful, and the offender
attained his purpose

Elements:

a. That the offender threatens another person with the

infliction upon his person, honor, or property or that of his
family of any wrong
b. That such wrong amounts to a crime
c. That there is a demand for money or that any other
condition is imposed even though not unlawful
d. That the offender attains his purpose

2. By making such threat without the offender attaining his

purpose

3. By threatening another with the infliction upon his person,

honor, or property or that of his family of any wrong
amounting to a crime, the threat not being subject to a
condition

Elements:

1. That the offender threatens another person with the

infliction upon his person, honor, or property or that of his
family of any wrong
2. That such wrong amounts to a crime
3. That the threat is not subject to a condition

Elements:

1. That the offender makes a threat to commit a wrong

2. That the wrong does not constitute a crime
3. That there is a demand for money or that other condition is
imposed, even though not unlawful
4. That the offender has attained his purpose, or that he has
not attained his purpose
 Acts Punishable:

1. By threatening another with a weapon or by drawing such

weapon in a quarrel unless it be in lawful self-defense

2. By orally threatening another in the heat of anger with

some harm constituting a crime w/o persisting in the idea
involved in his threats

3. By orally threatening to do another any harm not

constituting a felony

Acts Punishable:

1. By preventing another, by means of violence, threats or

intimidation, from doing something not prohibited by law

2. By compelling another by means of violence, threats or

intimidation, to do something against his will, whether it be
right or wrong

Elements:

1. That a person prevented another from doing something

not prohibited by law or that he compelled him to do
something against his will, whether it’s right or wrong

2. That the prevention or compulsion be effected by violence,

threats or intimidation

3. That the person that restrained the will and liberty of

another had no authority of law or the right to do so or in other
words, that the restraint shall not be made under authority of
law or in the exercise of any lawful right
 Elements:

1. That the offender must be a creditor

2. That he seizes anything belonging to his debtor

3. That the seizure of the thing be accomplished by means of

violence or a display of material force producing intimidation

4. That the purpose of the offender is to apply the same to the

payment of the debt

Acts Punishable:

1. By forcing or compelling, directly or indirectly, or knowingly

permitting the forcing or compelling of the laborer or employee
of the offender to purchase merchandise or commodities of
any kind from him

Elements:

a. That the offender is any person, agent or officer of any

association or corporation

b. That he or such firm or corporation has employed laborers

or employees

c. That he forces or compels, directly or indirectly, or

knowingly permits him to be forced or compelled, any of his or
its laborers or employees to purchase merchandise or
commodities of any kind from him or from said firm or
corporation

2. By paying the wages due his laborer or employee by

means of tokens or objects other than the legal tender
currency of the Philippines, unless expressly requested by
such laborer or employee.

Elements:

1. That the offender pays the wages due a laborer employee

employed by him by means of tokens or objects

2. That those tokens or objects are other than the legal tender
currency of the Philippines

3. That such employee or laborer does not expressly request

that he be paid by means of tokens or objects
 Elements:
1. Offender employs violence or threats in such a degree as
to compel or force the laborers or employees in the free and
legal exercise of their industry or work
2. The purpose is to organize, maintain or prevent coalitions
of capital or labor, strike of laborers or lockout of employers

Elements:
1. Offender is a private individual or public officer not in the
exercise of his official function
2. He seizes the papers or letters of another
3. The purpose is to discover the secrets of such another
person
4. Offender is informed of the contents of the papers or letters
seized

Elements:
1. Offender is a manager, employee, or servant
2. He learns the secrets of his principal or master in such
capacity
3. He reveals such secrets

Elements:
1. Offender is a person in charge, employee, or workman of a
manufacturing or industrial establishment
2. The manufacturing or industrial establishment has a secret
of the industry which the offender has learned
3. The offender reveals such secrets
4. Prejudice is caused to the owner

Acts Punishable:
1. Robbery with violence against, or intimidation of persons 2.
Robbery by the use of force upon things
Elements:
1. There be a personal property belonging to another 2.
There is unlawful taking of that property
3. The taking must be with intent to gain
4. There is violence against or intimidation of any person or
force upon anything
 Acts Punishable:
1. By reason or on occasion of the robbery, homicide is
committed
2. Robbery is accompanied by rape or intentional mutilation or
arson
3. By reason or on occasion of such robbery, insanity,
imbecility, impotency, or blindness is inflicted
4. By reason or on occasion of such robbery, physical injuries
resulting in the loss of the use of speech, or the power to hear
or to smell or the loss of the use of an eye, a hand, a foot, an
arm, or a leg or the use of any such member or incapacity for
work in which the injured person is therefore habitually
engaged is inflicted
5. The violence or intimidation employes in the commision of
the robbery is carried to a degree clearly unnecessary for the
commission of the crime
6. In the course of its execution, the offender shall have
inflicted upon any person not responsible for the commission
of the robbery any of the physical injuries in which the person
becomes deformed or loses any other member of his body or
loses the use thereof or becomes ill or incapacitated for the
performance of the work in which he is habitually engaged for
more than 90 days or the person becomes ill or incapacitated
for more than 30 days
7. The violence employed by the offender does not cause any
serious physical injuries or if the offender employs
intimidation only

Qualifying Circumstances:
1. Committed in an uninhabited place
2. By a band
3. By attacking a moving train, street car, motor vehicle, or
airship
4. By entering the passenger compartment in a train or in any
manner taking the passengers thereof by surprise in the
respective conveyances
5. On a street, road, highway or alley and the intimidation is
made with the use of firearms, the offender shall be punished
by the maximum periods of the proper penalties
When 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

Elements:
1. Offender has intent to defraud another
2. Offender compels him to sign, execute, or deliver any
public
instrument or document
3. The compulsion is by means of violence or intimidation

Acts Punishable:
1. Robbery by entering an inhabited house or public building
Elements:
a. Offender entered the following:
i. Inhabited place
ii. Public building
iii. Edifice devoted to religious worship
b. The entrance was effected by any of the following means:
i. Through an opening not intended entrance or egress
ii. By breaking any wall, roof, or floor, or breaking any door or
such window
iii. By using false keys, picklocks, or similar tools
iv. By using any fictitious name or pretending the
exercise of public authority
c. Once inside, the offender took personal property
belonging to another with intent to gain

2. Robbery by breaking doors, wardrobes, chests, or any

other kind of locked or sealed furniture or receptacle; or by
taking such furniture or object to be broken or forced open
outside
Elements:
a. Offender is inside a dwelling house, public building, or
edifice devoted to religious worship, regardless of the
circumstances under which he entered it
b. Offender takes personal property belonging to
another, with intent to gain, under any of the following
circumstances:
i. By the breaking of doors, wardrobes, chests, or any other
kind of locked or sealed furniture or receptacle
ii. By taking such furniture or objects away to be broken or
forced open outside the place of the robbery

Elements:
1. Robbery under Art 299 must be committed
2. By a band
3. In an uninhabited place
 Elements:
1. Offender entered an uninhabited place or building which
was not a dwelling house, not a public building or not an
edifice devoted to religious worship
2. Any of the following circumstances are present:
a. Entrance was effected through an opening no
intended for entrance or egress
b. A wall, roof, or outside door or window was broken
c. The entrance was effected through the use of false
keys, picklocks, or other similar tools
d. A door, wardrobe, chest, or any sealed or closed
furniture or receptacle was broken
e. A closed or sealed receptacle was removed even if
the same be broken elsewhere
3. With intent to gain, the offender took therefrom personal
property belonging to another

Elements:
1. Offender has in his possession picklocks or similar tools
2. Suck picklocks or similar tools are specially adopted to the
commission of robbery
3. Offender does not have lawful cause for such possession
 The term "false keys" shall be deemed to include:
1. The tools mentioned in the next preceding articles.
2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the owner for use in
the lock forcibly opened by the offender.

Elements:
1. There be at least 4 armed persons
2. They formed a band of robbers
3. The purpose is any of the following:
a. Commit robbery in the highway
b. Kidnap persons for extortion or ransom
c. Attain by means of force or violence any other
purpose

Elements:
1. There is a band of brigands
2. Offender knows the band to be of brigands 3. Offender
does any of the following acts:
a. He aids, abets or protects such band of brigands
b. He gives them information of the movements of the
police or other peace officers of the gov’t
c. He acquires or receives the property taken by such
brigands
 Acts Punishable:
1. With intent to gain, but w/o violence against or intimidation
of persons nor force upon things, takes personal property of
another w/o the latter’s consent
2. Having found lost property, failing to deliver the same to the
local authorities or to its owner
3. After having maliciously damaged the property of another,
removing or making use of the fruits or object of the damage
caused by them
4. Entering an inclosed estate or a field where trespass is
forbidden or which belongs to another and w/o the consent of
its owner, hunt or fish upon the same or gather fruits, cereals,
or other forest or farm products

Elements:
1. There be taking of personal property
2. Said property belongs to another
3. The taking be done with intent to gain
4. The taking be done w/o the consent of the owner
5. The taking be accomplished w/o the use of violence
against
or intimidation of persons or force upon things.

Elements of Hunting, Fishing, or Gathering of Fruits:

1. There is an enclosed or a field where trespass is forbidden
or which belongs to another
2. Offender enters the same
3. Offender hunts or fishes upon the same or gathers fruits
cereals or other forest or farm products in the estate or field
4. The hunting or fishing or gathering of products is without
the
consent of the owner

Qualifying Circumstances:
1. Committed by a domestic servant
2. Committed with grave abuse of confidence
3. Property stolen is a:
a. Motor vehicle
b. Mail matter
c. Large cattle
4. Property stolen consists of coconuts taken from the
premises of a plantation
5. Property stolen is fish taken from a fishpond or fishery
6. Property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity, vehicular
accident or civil disturbance
 Acts Punishable:
1. Taking possession of any real property belonging to
another by means of violence against or intimidation of
persons
2. Usurping any real rights in property belonging to another by
means of violence against or intimidation of persons
Elements:
1. Offender takes possession of any real property or usurps
any real rights in property
2. The real property or real rights belong to another
3. Violence against or intimidation of persons is used by the
offender
4. There is intent to gain

Elements:
1. There be boundary marks or monuments of towns,
provinces, or estates, or any other marks intended to
designate the boundaries of the same
2. The offender alters said boundary marks

Elements:
1. Offender is a debtor; that is, he has obligations due and
payable
2. He absconds with his property
3. There be prejudice to his creditors
b. There is misappropriation or conversion of such money or
property by the offender; or denial on his part of such receipt
c. There is intent to prejudice another
d. There is demand made by the offended party

3. Taking undue advantage of the signature of the offended

party in blank and by writing any document above such
signature in blank
Elements:
1. The paper with the signature of the offended party is in
blank
2. The offended party should have delivered it to the offender
3. Above the signature of the offended party, a document is
written by the offender w/o authority to do so
4. The document so written creates a liability of, or causes
damage to, the offended party or any 3rd person

ESTAFA BY MEANS OF FALSE PRETENSES OR

FRAUDULENT ACTS
Acts Punishable:
1. Using fictitious name or falsely pretending to possess
power, influence, qualifications, property, credit, agency,
business, or imaginary transactions; or by other similar
deceits

2. By altering the quality, fineness, or weight of anything

pertaining to his art or business

3. Pretending to have bribe any gov’t employee

4. Postdating a check or issuing a check in payment of an

obligation when the offender had no funds in the bank or his
funds deposited therein were not sufficient to cover the
amount of the check
Elements:
a. Offender postdated a check, or issued a check in payment
of an obligation
b. Such postdating or issuing a check was done when the
 c. He executes acts of ownership
d. The act is made to the prejudice of the owner or a 3rd
person

2. Disposing or real property as free from encumbrance,

although such encumbrance is not recorded
Elements:
a. The thing disposed is real property
b. The offender knew that the real property was encumbered,
whether the encumbrance is recorded or not
c. There is express representation by the offender that the
real property is free from encumbrance
d. The act of disposing of the real property is made to the
damage of another

3. Wrongful taking by the owner of his property from its rightful

possessor
Elements:
a. Offender is the owner of the personal property
b. Property is in the lawful possession of another
c. Offender wrongfully takes it from its lawful possessor
d. Prejudice is thereby caused to the possessor or to a 3rd
person

4. Executing any fictitious contract to the prejudice of another

5. Accepting any compensation for services not rendered or

for labor not performed

6. Selling, mortgaging, or encumbering real property or

properties with which the offender guaranteed the fulfillment
of his obligation as surety
Elements:
a. Offender is a surety in a bond given in a criminal or civil
action
b. He guaranteed the fulfillment of such obligation with his real
property

Elements:
1. Offender takes advantage of the inexperience or emotions
or feelings of a minor
2. He induces such minot to:
a. Assume an obligation
b. Give release
c. Execute a transfer of any property right
3. The consideration is:
a. Some loan of money
b. Credit
c. Other personal property
4. The transaction is to the detriment of such minor
 Acts Punishable:
1. Defrauding or damaging another by any other deceit not
mentioned in the preceding articles
2. Interpreting dreams, making forecasts, telling fortunes or
taking advantage of the credulity of the public in any other
similar manner, for profit or gain

Acts Punishable:
1. Knowingly removing 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 execution
of the mortgage, w/o written consent of the mortgagee or his
executors, administrators, or assigns
Elements:
a. Personal property is mortgaged under the Chattel Mortgage
Law
b. Offender knows that such property is mortgaged
c. He removes such mortgaged personal property to any
province or city other than the one in which it was located at
the time of the execution of the mortgage
d. The removal is permanent
e. There is no written consent of the mortgagee or his
executors or assigns to such removal

2. Selling or pledging personal property already pledged, or

any part thereof, under the terms of the Chattel Mortgage
Law, without the consent of the mortgagee written on the
back of the mortgage and noted on the record thereof in the
office of the registrar of deeds of the province where such
property is located
Elements:
a. Personal property is already pledged under the terms of the
Chattel Mortgage Law
b. The offender, who is mortgagor of such property, sells or
pledges the same or any part thereof
c. There is no consent of the mortgage written on the back of
the mortgage and noted on the record thereof in the office of
the register of deeds

Elements:
1. Offender deliberately caused damage to the property of
another
2. Such act does not constitute arson or other crimes
involving destruction
3. The act of damaging another’s property be committed
merely for the sake of damaging it
 Acts Punishable:
1. Causing damage to obstruct the performance of public
function
2. Using any poisonous or corrosive substance
3. Spreading any infection or contagion among cattle
4. Causing damage to the property of the National Museum or
National Library or to any archive or registry, waterworks,
road, promenade, or any other thing used in common by the
public

Act Punishable:
1. Damaging any railway, telegraph or telephone lines
(damage and obstruction to means of communication)

Qualifying circumstance:
Damage resulted in any derailment of cars, collision, or other
accident

Acts Punishable:
1. Destroying or damaging statues or any other useful or
ornamental public monuments
2. Destroying or damaging any useful or ornamental painting
of
a public nature
 Elements:
1. The woman is married
2. She has sexual intercourse with a man not her husband
3. As regards the man with whom she has sexual intercourse,
he must know her to be married

Acts Punishable:
1. Keeping a mistress in the conjugal dwelling;
2. Having sexual intercourse, under scandalous
circumstances, with a woman who is not his wife;
3. Cohabiting with her in any other place

Elements:
1. The man must be married
2. He committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling
b. Having sexual intercourse under scandalous circumstances
with a woman who is not his wife
c. Cohabiting with her in any other place
3. As regards the woman, she must know him to be married

Elements:
1. The offender commits any act of lasciviousness of
lewdness
2. The act of lasciviousness is committed against a person of
either sex
3. It is done under any of the following circumstances:
a. By using force or intimidation; or
b. When the offended party is deprived or reason or otherwise
unconscious;
c. By means of fraudulent machination or grave abuse of
authority;
d. When the offended party is under 12 years of age or is
demented
 Acts Punishable:
1. Seduction of a virgin over 12 years and over but under 18
years of age by certain persons, such as PA, priest, teacher,
etc.; and
Elements:
1.The offended party is a virgin, which is presumed if she is
unmarried and of good reputation;
2. She must be 12 and over but under 18 years of age;
3. The offender has sexual intercourse with her;
4. There is abuse of authority, confidence or relationship on
the part of the offender

2. Seduction of a sister by her brother, or descendant by her

ascendant, regardless of her age or reputation
Elements:
1. The offended party need not be a virgin or may be over
eighteen (18) years of age;
2. The offender has sexual intercourse with her;
3. The offender is her brother or ascendant by consanguinity,
whether legitimate or illegitimate.

Elements:
1. The offended party is 12 and over but under 18 years of
age
2. She must be of good reputation, single or widow
3. The offender has sexual intercourse with her
4. It is committed by means of deceit

Elements:
1. The offender commits acts of lasciviousness or lewdness
2. The acts are committed upon a woman who is virgin or
single or widow of good reputation, under 18 years of age but
over 12 years, or a sister or descendant regardless of her
reputation or age
3. The offender accomplishes the acts by abuse of authority,
confidence, relationship, or deceit.

Elements:
1. The offender promotes or facilitates the prostitution or
corruption of persons under age;
2. The purpose is to satisfy the lust of another

Acts Punishable:
1. Engaging in the business of prostitution
2. Profiting by prostitution
3. Enlisting the services of women for the purpose of
prostitution
 Elements:
1. The person abducted is any woman, regardless of her age,
civil status, or reputation
2. The abduction is against her will
3. The abduction is with lewd designs

Elements:
1. The offended party must be a virgin
2. She must be over 12 and under 18 years of age
3. The taking away of the offended party must be with her
consent, after solicitation or cajolery from the offender
4. The taking away of the offended party must be with lewd
designs

Acts Punishable:
1. Simulation of births
2. Substitution of one child for another
3. Concealing or abandoning any legitimate child with intent to
cause such child to lose its civil status
Elements:
a. Child must be legitimate
b. Offender conceals or abandons such child
c. Offender has intent to cause such child to lose its civil
status

Act Punishable:
1. Representing oneself to another and assuming the filiation
or the parental or conjugal rights of such person

Elements:
1. The offender has been legally married
2. The marriage has not been legally dissolved or, in case his
or her spouse is absent, the absent spouse could not yet be
presumed dead according to the Civil Code
3. He contracts a second or subsequent marriage
4. The second or subsequent marriage has all the essential
requisites for validity
 Elements:
1. The offender contracted marriage;
2. He knew at the time that —
a. the requirements of the law were not complied with; or
b. the marriage was in disregard of a legal impediment

Qualifying circumstance:
When consent is obtained by means of violence, intimidation,
or fraud

Act Punishable:
1. Performing or authorizing any illegal marriage ceremony

Elements:
1. There must be an imputation of a crime, or of a vice or
defect, real or imaginary, or any act, omission, status or
circumstance;
2. The imputation must be made publicly;
3. It must be malicious;
4. The imputation must be directed to a natural or juridical
person, or one who is dead;
5. The imputation must tend to cause the dishonor, discredit
or contempt of the person defamed

Coverage of Defamatory Imputation:

1. Crime allegedly committed by the offended party
2. Vice or defect, real or imaginary of the offended party
3. Any act, omission, condition, status of, or circumstance
relating to the offended party
 Exception to Presumption of Malice:
1. A private communication made by any person to another in
the performance of any legal, moral, or social duty
Requisites of Privileged Communication:
a. The person who made the communication had a legal,
moral or social duty to make the communication, or at least,
had an interest to be upheld
b. The communication is addressed to an officer or board or
superior having some interest or duty in the matter
c. The statements in the communication are made in good
faith and without malice

2. A fair and true report, made in good faith, without any

comments or remarks of any judicial, legislative, or other
official proceeding which are not of confidential nature, or of
any statement, report or speech delivered in said
proceedings, or of any other act performed by public officers
in the exercise of their functions
Requisites of Fair and True Report:
a. It is a fair and true report of a judicial, legislative or other
official proceeding which are NOT of a confidential nature; or
a statement/speech/report delivered in said proceeding, or of
any other act performed by a public official in the exercise of
his functions
b. It is made in good faith
c. It is without any comments or remarks

Acts Punishable:
1. Threatening another to publish a libel concerning him, or
his parents, spouse, child, or other members of his family
2. Offering to prevent the publication of such libel for
compensation, or money consideration

Elements:
1. The offender is a reporter, editor or manager of a
newspaper daily or magazine
2. He publishes facts connected with the private life of
another 3. Such facts are offensive to the honor, virtue, and
reputation of
said person
 Elements:
1. The offender performs any act not included in any other
crime against honor;
2. Such act is performed in the presence of other person or
persons;
3. Such act casts dishonor, discredit or contempt upon the
offended party

When proof of trust is admissible:

1. When the act or omission imputed constitutes a crime
regardless of whether the offended party is a private individual
or a public officer
2. When the offended party is Government employee, even if
the act or omission imputed does not constitute a crime,
provided, it is related to the discharge of his official duties

Elements:
1. The offender performs an act
2. By such act he directly incriminates or imputes to an
innocent person the commission of a crime
3. Such act does not constitute perjury

Act Punishable:
1. Making any intrigue which has for its principal purpose to
blemish the honor or reputation of another person
 Acts Punishable:
1. Committing through reckless imprudence any act which,
had it been intentional, would constitute a grave or less grave
or light felony
2. Committing through simple imprudence or negligence an at
which would otherwise constitute a grave or a less serious
felony
3. Causing damage to the property of another through
reckless imprudence or simple imprudence or negligence
4. Causing through simple imprudence or negligence some
wrong, which if done maliciously, would have constituted a
light felony

Elements of Reckless Imprudence:

1. Offender does or fails to do an act
2. The doing of/failure to do that act is voluntary
3. It is without malice
4. Material damage results
5. There is inexcusable lack of precaution on the part of the
offender, taking into consideration:
a. His employment or occupation
b. Degree of intelligence, physical condition
c. Other circumstances regarding persons, time and
place

Elements of Simple Imprudence:

1. There is a lack of precaution on the part of the offender
2. The damage impending to be caused is not immediate or
the
danger is not clearly manifest
man.
xpelled therefrom.