LYCEUM OF THE PHILIPPINES UNIVERSITY

COLLEGE OF LAW
BAR OPERATIONS

2023 BAR EXAM

LAUREL
NOTES

DAY 3:
Criminal Law
 LYCEUM OF THE PHILIPPINES UNIVERSITY
COLLEGE OF LAW
Dean Ma. Soledad Deriquito-Mawis
Dean, LPU College of Law

Prof. Maria Leonilla Villegas Prof. Ana Victoria Hernandez

College Secretary (Makati) / College Secretary (Cavite)
Bar Operations Adviser
Prof. Janice Kristine Ramos
College Secretary (Cavite)

LPU COLLEGE OF LAW BAR OPERATIONS 2023

Chelsea Glyce Cereno

Bar Chairperson

Ralph Ryan Garcia

Deputy Chair

Ma. Carmina Dieta Lord Ernest Loquinario Daniel Angelo De Guzman

Academics Head Finance & Audit Head Events Head

Martina Mendoza Kristine May Cister Drexel Altavano

Logistics Head Communications Head Communications Head
(Makati) (Cavite)

Yna Bocaya Trisha Daniella Bathan

Creatives Head Human Resources
Head (Cavite)

ACADEMICS COMMITTEE HEADS

Marishifra Luna Evenita Maan Villasanta Orlando Claveria Jr.

Civil Law Commercial Law Taxation Law

Aaron Lance Morillo Beatrice Rose Fangon Beatrice Goyena

Labor Law Jaime Bernardo Lopez Criminal Law
Remedial Law

Adeluis Antovic Bordado

Political Law
 CONTRIBUTORS

Finance & Audit Events

Ameilee Jumli Althea Geronilla
Patricia Abrihan Kim Gaza
Marlyn Reyes Lee Ann Diquiatco
Paula Tabaquirao
Nikki Baco
Ken Dalupirit

CRIMINAL LAW

Criminal Law Adviser

Prof. Francisco Sandino Marco

Criminal Law Head

Beatrice Goyena
Contributors

Angelica Alonde
Cedrick Cabaluna
 2. SCOPE AND CHARACTERISTICS
CRIMINAL LAW
● Generality
● Criminal law is binding on all persons who
live or sojourn in Philippine territory
I. BOOK I [ARTICLES 1-99 OF THE REVISED
whether he is a Filipino citizen or alien
PENAL CODE (RPC)]
regardless of race, creed, sex, color or any
other personal circumstances for as long as
he is in the Philippines, he has to comply
A. GENERAL PRINCIPLES
and abide by the Philippine penal laws.
(Reyes, 2017, p. 10)
1. MALA IN SE V. MALA PROHIBITA ● Exceptions:
○ Treaty stipulations - An example of
this is RP-US Visiting Forces
Mala In Se Mala Prohibita
Accord, Feb 10, 1998, stipulating,
Nature among other things, that US
military authorities have the right
Wrongful from their Wrong merely because to exercise within the RP all
nature. it is prohibited by criminal and disciplinary
statute.
jurisdiction over US personnel in
Effect the RP.
○ Law of preferential application -
The crimes are so These are violations of Those laws which exempt certain
serious in their effects mere rules of individuals from criminal
on society as to call for convenience designed
prosecution, for example, Art. 6,
almost unanimous to secure a more
condemnation of its orderly regulation of Sec. 11 of 1987 Constitution: “A
members. the affairs of society. Senator or Member of the House of
Representative shall, in all offenses
Intent punishable by not more than six
years imprisonment, be privileged
Intent is material. Intent is immaterial.
form arrest while the Congress is in
Acts punished session. No Member shall be
questioned nor be held liable in any
Refers to felonies Refers to acts made other place for any speech or debate
defined and penalized criminal by special
in the Congress or in any committee
by the RPC. laws. However, even if
thereof.”
the acts that are
inherently immoral are ○ Principles of Public International
punished by special Law - The immunity from suit of
laws, it is still sovereigns, head of States and other
considered as mala in se. diplomatic representative such as
ambassadors and public ministers
Circumstances
because of diplomatic immunity as
Mitigating or Not taken into account. generally accepted principles of
aggravating Public International Law.
circumstances are taken Exception: Consuls, although
into account. considered as diplomatic
(Reyes, 2017, p.56) representative, are not exempted
from criminal jurisdiction of the
host country in where they are
assigned.

Page 1 of 86
● Territoriality committed.
● Penal laws of the Philippines are ● Exceptions:
enforceable only within its territory ○ Art. 22 of the RPC provides
● Exceptions: that the new law shall have
○ Art. 2 of the RPC. retroactive effect in so far as
Application of its they favor the person guilty
provisions. - Except as of a felony, provided that
provided in the treaties and he is not a habitual
laws of preferential criminal; or
application, the provisions ○ The new law is expressly
of this Code shall be made inapplicable to
enforced not only within pending actions/existing
the Philippine Archipelago, causes of action (e.g., Sec.
including its atmosphere, 68 of R.A 9344 or “Juvenile
its interior waters and Justice and Welfare Act”
maritime zone, but also provides that it shall apply
outside of its jurisdiction, retroactively to those
against those who: minors who have already
○ 1. Should commit an been convicted or already
offense while on a serving sentence.
Philippine ship or airship
○ 2. Should forge or 3. PRO REO PRINCIPLE
counterfeit any coin or
currency note of the a) Pro Reo Principle, Defined
Philippine Islands or ● Penal laws should always be
obligations and securities construed liberally in favor of the
issued by the Government accused and strictly against the
of the Philippine Islands; State.
○ 3. Should be liable for acts
connected with the 4. EX POST FACTO LAW
introduction into these
islands of the obligations a) Ex Post Facto Law, Defined
and securities mentioned in ● Ex post facto law is any law which
the presiding number; makes an innocent act a crime after
○ 4. While being public the act was committed. It could also
officers or employees, be a law which aggravates the crime
should commit an offense or makes it greater than when it was
in the exercise of their committed, or which changes the
functions; or punishment and inflicts greater
○ 5. Should commit any of the penalty than the law governing the
crimes against national crime when committed. (U.S. vs.
security and the law of Conde, G.R. No. L-18208, 1922)
nations, defined in Title
One of Book Two of this b) Bill of Attainder, Defined
Code. ● A bill of attainder is a law which inflicts
punishment on a named individual or a
● Prospectivity group of individuals without judicial trial.
● A penal law cannot make an act (People vs. Ferrer, GR No. L-32613-14, 27 Dec
punishable in a manner in which it 1972)
was not punishable when

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 5. INTERPRETATION OF PENAL LAWS was not punishable when
committed. (Reyes, p. 14)
a) Nullum crimen, nulla poena sine lege
● There is no crime when there is no b) Exceptions
law punishing it. ● The new law shall have retroactive
effect in so far as they favor the
b) Actus non facit reum, nisi mens sit rea person guilty of a felony, provided
● The act cannot be criminal where that he is not a habitual criminal.
the mind is not criminal. (Art. 22, Revised Penal Code)
● The new law is expressly made
c) Actus me invito factus non meus actus inapplicable to pending
● An act done by me against my will actions/existing causes of action
is not my act. (e.g., Sec. 68 of R.A. 9344 or
“Juvenile Justice and Welfare Act”
d) Lenity Rule provides that it shall apply
● Whenever a penal law is susceptible retroactively to those minors who
of two interpretations, one lenient have already been convicted or
to the accused which will bring already serving sentence.)
about acquittal and the other one
strictly against the accused which B. FELONIES
will bring about the conviction, the
lenient interpretation shall prevail.
1. CRIMINAL LIABILITIES AND FELONIES

e) Pro Reo Doctrine

● Classifications of Felonies
● Penal laws should always be
construed liberally in favor of the
● According to Intention
accused and strictly against the
○ Intentional felonies (dolo)
State.
■ Requisites of dolo
■ Criminal intent – The
f) Equipoise Rule
purpose to use a
● Whenever the evidence of the
particular means to
prosecution is equally balanced
effect such result.
with the evidence of the defense,
■ Freedom of action –
the scale of justice shall be tilted in
Voluntariness on the
favor of the accused. The
part of the person to
prosecution has the burden of
commit the act or
proving the guilt of the accused
omission.
beyond reasonable doubt.
■ Intelligence – Means
g) Utilitarian or Protective Theory
the capacity to know
● The basis of penalty and purpose of
and understand the
punishment is to protect the society
consequences of one’s
from actual and potential
act. (Reyes, 2017, p. 40)
wrongdoer.
○ Culpable felonies (culpa)
■ Requisites of culpa
6. RETROACTIVE EFFECT OF PENAL LAWS
■ Criminal negligence on
the part of the offender,
a) General Rule on Retroactive Effect of
that is, the crime was the
Penal Laws
result of negligence,
● A penal law cannot make an act
reckless imprudence,
punishable in a manner in which it

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 lack of foresight or lack ■ Light penalty, if it less
of skill; than forty thousand
■ Freedom of action on the pesos (P40,000) (Art.
part of the offender, that 26, RPC, as amended)
is, he was not acting
under duress; and ● Aberratio Ictus, Error in Personae, and
■ Intelligence on the part Praater Intentionem
of the offender in
performing the
Error in Abberatio Praeter
negligent act. (Reyes,
Personae Ictus Intentionem
2017, p. 37)
● According to Severity Mistake in Mistake in the The injurious
○ Grave Felonies – Punishable by Identity Blow result is
reclusion perpetua, reclusion greater than
temporal, perpetual or temporary that intended
absolute disqualification, perpetual
or temporary special If the intended It is a Art. 49 of the
disqualification and prision mayor crime and compound Revised Penal
○ Less Grave Felonies – Punishable crime actually crime when Code will not
by prison correccional, arresto committed are the single act apply. This is a
mayor, suspension and destierro punished with results in two mitigating
○ Light Felonies – Infractions of law different or more crimes circumstance
for the commission of which the penalties: The (Art. 48, (Art. 13, par. 3,
penalty of arresto menor or a fine lesser penalty Revised Penal Revised Penal
not exceeding 40,000 pesos or both, for the crime Code). Code)
is provided. intended or Otherwise, the
■ GEN: Light felonies are committed is offenses shall
punishable ONLY when imposed (Art. be separately
they have been 49, Revised punished.
consummated. Penal Code)
■ EXP: Light felonies (Ticman, 2019, p.12)
committed against persons
or property, are punishable ● Elements of Criminal Liability

even if attempted or ● There is an act/omission;

frustrated. ● The act/omission must be punishable by

■ Fines, whether imposed as RPC or special laws; and

a single or as an alternative ● The act is performed or the omission

penalty, shall be considered incurred by means of dolo or culpa. (Reyes,

as: 2017, p. 61)

■ Afflictive penalties, if it
exceeds one million ● Impossible Crime
two hundred thousand ● It is an act which would be an offense only
pesos (P1,200,000); against person or property were it not for
■ Correctional penalty, if the inherent impossibility of its

it does not exceed one accomplishment or on account of the

million two hundred employment of inadequate or ineffectual
thousand pesos means.
(P1,200,000) but more ● Requisites:
than forty thousand ○ The act performed would be an
pesos (P40,000); and offense against persons or property;

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 ○ It was done with evil intent;
○ Its accomplishment is inherently
impossible, or that the means
employed is either inadequate or
ineffectual; and
○ The act performed should not
constitute a violation of another
provision of RPC.
● Note: Impossible crimes are punished to
suppress criminal propensity or criminal
tendencies. Objectively, the offender has not
committed a felony, but subjectively, he is a
criminal. (Art. 4, par 2, Revised Penal Code)
(Reyes, p. 82)
● Stages of Execution
1. Attempted Stage
○ Elements:
○ The offender commences the
commission of the
directly by overt acts;
○ He does not perform all the acts
of execution which
produce the felony; and
○ The non-performance of all acts
of execution was due to cause
or accident other than his own
spontaneous desistance.
2. Frustrated Stage
○ Elements:
○ The offender performs all the
acts of execution;
○ All the acts performed would
produce the felony
consequence;
○ But the felony is not produced;
○ By reason of
independent of the will of the
perpetrator.
3. Consummated Stage
○ When all the elements necessary for
the execution and accomplishment
of the felony are present
● Continuing Crimes
● A continuing offense is a continuous,
unlawful act or series of acts set on foot by a
single impulse and operated
unintermitted force, however long a time it
may occupy. Although there is a series of
acts, there is only one crime committed.
Hence, only one penalty shall be imposed.
(Reyes, 2017, p.683)
● Example: The defendant who entered the
yard of a house and stole two fighting cocks
belonging to different persons, was
convicted of only one count of theft instead
of two counts. It was held that: “... the unity
of the intention to take a thing belonging to
another on one occasion and in the same
place, constitutes the commission of only
one crime of theft; and fact that the things
taken belong to different persons does not
produce a multiplicity of crimes, which
must be punished separately.” (People v. De
Leon, G.R. Nos. L-25375 and 25376, 12 Oct.
1986)
● Complex Crimes and Composite Crimes
felony ● Compound Crimes, Defined
○ It is when a single act constitutes
two or more grave or less grave
should felonies
○ Example: The act of the defendant
in firing a shot, the same bullet
causing the death of two persons
standing on the same line of the
direction of the bullet. The single act
of pulling the trigger produced two
homicides, which are two grave
felonies. (People v. Pama, C.A. 44 OG
3339, as cited in People v. Hon. Pineda,
G.R. No. L-26222, 21 July 1967)
as a ● Complex Crime Proper, Defined
○ An offense is a necessary means for
committing the other/s, and both/all
causes of the offenses must be punished
under the same statute (complex
crime proper)
○ Example: The two accused forcibly
abducted a 19-year-old girl from
Laguna and took her to the woods
in Cavite in order to rape her. The
crime of forcible abduction was a
necessary means for committing the
crime of rape. (People v. Manguiat,
G.R. No. L-28377, 24 Jan. 1928)
by an ○ In both cases, the penalty for the
most serious crime shall be
imposed, in its maximum period.
Page 5 of 86
 (Art. 48, RPC; Reyes, 2017, p. 657)
● Special Complex Crimes or Composite
Crimes, Defined
○ It is composed of two or more
crimes but is treated by law as a
single indivisible and unique
offense for being the product of one
criminal impulse. It is a specific
crime with a specific penalty
provided by law, and is to be
distinguished from a compound or
complex crime under Article 48 of
the Revised Penal Code. (People v.
Daniela, G.R. No. 139230, 24 Apr.
2003)
○ Example: Robbery with homicide
(Art. 294 (1), Revised Penal Code;
People v. Avila, G.R. No. 195244, 22
June 2015)
2. CIRCUMSTANCES AFFECTING CRIMINAL
LIABILITY
● Justifying Circumstances
The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or
rights, provided that the following
circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means
employed to prevent or repel it.
Third. Lack of sufficient provocation on the
part of the person defending himself.
2. Any one who acts in defense of the person
or rights of his spouse, ascendants,
descendants, or legitimate, natural or
adopted brothers or sisters, or his relatives
by affinity in the same degrees and those
consanguinity within the fourth civil
degree, provided that the first and second
requisites prescribed in the next preceding
circumstance are present, and the further
requisite, in case the revocation was given
by the person attacked, that the one making
defense had no part therein.
3. Anyone who acts in defense of the person or
rights of a stranger, provided that the first
and second requisites mentioned in the first
circumstance of this Art. are present and
that the person defending be not induced by
revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or
injury, does not act which causes damage to
another, provided that the following
requisites are present;
First. That the evil sought to be avoided
actually exists;
Second. That the injury feared be greater
than that done to avoid it;
Third. That there be no other practical and
less harmful means of preventing it.
5. Any person who acts in the fulfillment of a
duty or in the lawful exercise of a right or
office.
6. Any person who acts in obedience to an
order issued by a superior for some lawful
purpose. (Art. 11, Revised Penal Code)
7. Those diagnosed to have battered woman
syndrome (Sec. 26, R.A. No. 9262)
● Elements of self-defense
○ Unlawful aggression
○ Reasonable necessity of the means
employed
○ Lack of sufficient provocation on
the part of the person defending
himself
● The battered woman syndrome is
characterized by the so-called "cycle of
violence," which has three phases:
(1) the tension-building phase;
(2) the acute battering incident; and
(3) the tranquil, loving (or, at least,
nonviolent) phase.
During the tension-building phase, minor
battering occurs -- it could be verbal or
slight physical abuse or another form of
hostile behavior. The woman usually tries to
pacify the batterer through a show of kind,
nurturing behavior; or by simply staying
out of his way...
The acute battering incident is said to be
characterized by brutality, destructiveness
and, sometimes, death...During this phase,
she has no control; only the batterer may put
an end to the violence…
The final phase of the cycle of violence
begins when the acute battering incident
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 ends. During this tranquil period, the
couple experience profound relief. On the
one hand, the batterer may show a tender
and nurturing behavior towards his
partner.... On the other hand, the battered
woman also tries to convince herself that the
battery will never happen again; that her
partner will change for the better; and that
this "good, gentle and caring man" is the real
person whom she loves. (People v. Genosa,
G.R. No. 135981, 15 Jan. 2004)
causing it;
5. Any person who acts under the compulsion
of an irresistible force;
6. Any person who acts under the impulse of
an uncontrollable fear of an equal or greater
injury; and
7. Any person who fails to perform an act
required by law, when prevented by some
lawful or insuperable cause.
● Mitigating Circumstances

● Crucial to the BWS defense is the state of ● If present, these circumstances will not
mind of the battered woman at the time of exculpate the actor from criminal liability
the offense; she must have actually feared but will only reduce his penalty.
imminent harm from her batterer and
honestly believed in the need to kill him in
Ordinary Mitigating Privileged Mitigating
order to save her life. Furthermore, in order Circumstance Circumstance
to be classified as a battered woman, the
couple must go through the battering cycle Offset
at least twice. Any woman may find herself
May be offset by any Cannot be offset.
in an abusive relationship with a man once.
aggravating
If it occurs a second time, and she remains circumstance.
in the situation, she is defined as a battered
woman. (People v. Genosa, G.R. No. 135981, Effect
15 Jan. 2004)
If not offset, it reduces Reduces the penalty by
the penalty to its min one to two degrees than
● Those suffering from battered woman period, provided the that provided by law.
syndrome do not incur criminal and civil penalty is divisible.
liability notwithstanding the absence of any
of the elements for justifying circumstances
of self-defense under the RPC. (Sec. 26, R.A. Mitigating Requisites
No. 9262) Circumstance

Incomplete A majority, but not all,

● Exempting Circumstances justification/ exemption elements of justifying
and exempting
The following are exempted from criminal liability: circumstances are
1. An imbecile or an insane person, unless the present
latter acted during a lucid interval;
Conditional minority Offender is above
2. A child fifteen years of age or under (R.A fifteen but below
No. 9344): deemed to be fifteen on the day of eighteen years of age.
the 15th anniversary of his/her birthdate
(R.A. No. 10630, amending Section 6, R.A. No. Praeter intentionem - There is notable and
No intention to commit evident disproportion
9344);
so grave a wrong between the means
3. A person over fifteen years of age and under
employed to execute
eighteen, unless he acted with discernment the criminal act and its
(R.A. No. 9344); consequences.
4. Any person who, while performing a lawful
act with due care, causes injury by mere Sufficient provocation 1. Provocation must be
or threat sufficient;
accident without fault or intention of

Page 7 of 86
 2. It must originate length of time, during
from the offended which the perpetrator
party; might recover his
3. It must be personal normal equanimity.
and directed to the
accused; and Voluntary surrender 1. Offender had not
4. It must be Immediate been actually arrested
to the act, i.e., to the 2. Offender
commission surrendered himself to
of the crime by the a person in authority
person who is or to the latter’s agent;
provoked. and
3. Surrender was
Immediate vindication 1. That there be a grave voluntary.
of a grave offense offense done to the one
committing the felony, Plea of guilt 1. Offender
his spouse, ascendants, spontaneously
descendants, confessed his guilt;
legitimate, natural or 2. Confession of guilt
adopted brothers or was made in open court
sisters, or relatives by i.e.
affinity within the same before the competent
degree; court that is to try the
2. That the felony is case; and
committed in 3. Confession of guilt
vindication of such was made prior to the
grave offense. A lapse presentation
of time is allowed of evidence for the
between the prosecution.
vindication and the
doing of the grave Physical defects 1. The offender is:
offense; and a. Deaf and dumb
3. The vindication need b. Blind, or
not be done by the c. Otherwise suffering
person upon whom the from some physical
grave offense was defect
committed. which thus restricts his
means of:
Passion or obfuscation 1. The accused acted I. Action
upon an impulse;
II. Defense, or
2. The impulse must be
III. Communication
so powerful that it
with his fellow beings;
naturally
and
produces passion or
2. Physical defect must
obfuscation in him;
have a relation to the
3. That there be an act, commission of the
both unlawful and crime.
sufficient to
produce such condition Illness 1. Must diminish the
of mind; and exercise of his will-
4. That said act which power; and
produced the 2. Should not deprive
obfuscation was not the offender of
far removed from the consciousness of
commission of the his acts.
crime by a considerable

Page 8 of 86
 ● Applicability of praeter intentionem
the others
○ Only applicable to offenses would be
resulting in death, physical injuries, generic
or material harm (including aggravating.
property damage) (People v. Galang
Penalty Imposed
de Bautista, C.A., 40 O.G. 4473, cited
in reyes, Book 1)
○ Not applicable when: Increases Increases It places the
the penalty the penalty author of the
■ Crime results from criminal
to the to the crime in such a
negligence or culpa (Boado situation as to
maximum maximum
Comprehensive Reviewer) deserve
period. period.
■ Where the acts were another
reasonably sufficient and penalty, as
did actually produce the specially
prescribed by
death of the victim. (People
law.
v. Sales, G.R. No. 177218,
2011) Applicability
■ Cases involving
defamation or slander. Applicable to Applicable to Applicable
(People v. Galang de Bautista, all crimes. particular only to
crimes. relevant
supra)
provisions
● Aggravating Circumstances where such
circumstances
were specified
● Kinds of aggravating circumstances
(e.g. Art. 248-
○ Generic Murder)
○ Specific
○ Qualifying Nature of the Circumstance
○ inherent
It is not an It is not an Circumstance
○ Special
ingredient of ingredient of affects the
the crime. It the crime. It nature of the
Generic Specific Qualifying only affects only affects crime itself
the penalty to the penalty to such that the
Those that can Those that Those that be imposed. be imposed. offender shall
generally apply only to change the be liable for a
apply to all particular nature of the more serious
crimes. Nos. 1, crimes. Nos. 3 crime (i.e. Art. crime.
2, 3 (dwelling), (except 248 enumerate
4, 5, 6, 9, 10, 14, dwelling), 15, the qualifying Circumstance
18, 19, and 20 16, 17 and 21. AC which is actually an
except “by qualifies the ingredient of
means of killing of the crime.
motor person to
vehicles”. A murder). If Offset
generic two or more
aggravating possible Can be offset Can be offset Cannot be
circumstance qualifying by ordinary by ordinary offset by any
may be offset circumstances mitigating mitigating mitigating
by a generic were alleged circumstance circumstance circumstance
mitigating and proven,
circumstance only one
would qualify ● Inherent aggravating circumstance
the offense and

Page 9 of 86
 ○ Those that are already elements of
relative position of the
the felony and are thus no longer offended party in
considered against the offender in reference to others.
the determination of the felony. There must be a
● Special aggravating circumstance difference in the social
○ Those which arise under special condition of the
offender and offended
conditions to increase the penalty of
party
the offense and cannot be offset by
b. Age - May refer to
mitigating circumstances: old age or tender age of
i) Quasi-recidivism [Art. 160] the victim.
ii) Complex crimes [Art. 48] c. Sex - Refers to the
iii) Error in personae [Art. 49] female sex [REYES,
iv) Taking advantage of public Book 1]; and
position [Art. 171] 2. Such insult or
disregard was
v) Membership in an
deliberately intended.
organized/syndicated
crime group. [Art. 62] Dwelling 1. Act was committed in
the dwelling, which
Aggravating Requisites may pertain to a:
Circumstance a. Building; or
b. Structure, which is
Taking advantage of 1. Offender is a public
c. Exclusively used for
public office officer;
Rest and Comfort; and
2. Such officer used the
2. Offended party must
influence, prestige or
not give Provocation.
ascendancy which his
office gives him; and Abuse of confidence 1. Offended party had
3. The same was used as trusted the offender;
means by which he 2. Offender abused
realizes such trust by
his purpose. committing a crime
against the offended
In contempt of or with 1. Public authority is party; and
insult to public engaged in the exercise
3. The abuse of
authorities of his confidence facilitated
functions; the
2. Public authority is commission of the
not the person against crime.
whom the
crime is committed; Obvious 1. Offended party
3. Offender knows him ungratefulness trusted the offender;
to be a public authority; 2. Offender abused
and such trust; and
4. His presence has not 3. Act was committed
prevented the offender with obvious
from ungratefulness.
committing the
criminal act. In the palace of the Crime must be
Chief Executive or in committed:
With insult or lack of 1. Insult or disregard his presence, or where 1. In the Palace of the
regard due to offended was made on account public authorities are Chief Executive, or
party by reason of of: engaged in the 2. In his presence, or
Rank, age, or sex a. Rank – designation or discharge of their
title used to fix the duties, or in a place

Page 10 of 86
dedicated to religious 3. Where public a. an equal or greater
worship authorities are engaged penalty, or
in the b. For 2 or more crimes
discharge of their to which it attaches
duties, or lighter
4. In a place dedicated penalty than that for the
to religious worship new offense; and
3. He is convicted of the
Nighttime, uninhabited 1. Facilitated the new offense.
place, by a band commission of the
crime; and Price, reward, or 1. There must be two or
2. Was especially promise more principals
sought for by the a. One who gives or
offender to insure Offers price or promise
the commission of the b. One who Accepts it
crime or for the 2. Price, reward, or
purpose of impunity. promise must be for the
purpose
On occasion of a The offender must take of inducing another to
calamity advantage of the perform the deed.
calamity or misfortune.
The price, reward or
promise need not:
Aid of armed men or 1. That the armed men
1. Consist of or refer to
means to ensure or persons took part in
material things; or
impunity the
2. Be actually delivered;
commission of the
it being sufficient that
crime, directly or
the
indirectly; and
offer made by the
2. Accused availed
principal by
himself of their aid or
inducement was
relied upon
accepted by the
them when the crime
principal by direct
was committed.
participation before the
commission of the
Recidivism 1. Offender is on trial
offense.
for an offense;
2. He was previously
Inundation, fire, Crime was committed
convicted by final
poison, explosion, etc. by means of:
judgment of
1. Inundation
another crime;
2. Fire
3. That both the 1st and
3. Poison
2nd offenses are
4. Explosion
embraced in
5. Stranding of a vessel
the same title of the
code; and 6. Intentional damage
to a vessel
4. Offender is convicted
of the new offense. 7. Derailment of a
locomotive
Reiteracion or 1. Accused is on trial for 8. Any other artifice
habituality an offense; involving great waste
2. He previously served and ruin
sentence for another
offense Evident premeditation Prosecution must
prove:
to which the law
attaches:

Page 11 of 86
 1. Time when the ensure the execution of
offender determined to the crime.
commit the 2. The employment of
crime; such means gave the
2. An act manifestly offended
indicating that the party no opportunity to
culprit has defend himself or
clung to his retaliate.
determination; and
3. A sufficient lapse of Ignominy The means employed
time between the or the circumstances
determination and brought about must
execution, to allow him tend to make the effects
to reflect upon the of the crime more
consequences of his act humiliating or to put
and to allow his the offended party to
conscience to overcome shame.
the resolution of his
Unlawful entry Entrance is effected by
will.
a way not intended for
Craft, fraud, or disguise That the crime was the purpose.
committed by means of:
Breaking wall, floor, 1. Breaking the wall,
1. Craft: Intellectual
roof roof, floor, door, or
trickery and cunning on
window is
the part
a means to the
of the accused;
commission of the
2. Fraud: Insidious
crime.; and
words or machinations
2. Breaking was used as
used to
a means to effect
induce the victim to act
entrance
in a manner which
and not merely for
would
escape.
enable the offender to
carry out his design; or With aid of persons Commission of the
3. Disguise: Any device under 15 crime is committed
to conceal identity with the aid of children
under 15 years of age

Superior strength or 1. There is a notorious By motor vehicles, 1. That any of the

means to weaken inequality of forces airships, or other following was used:
defense between victim and similar means a. Motorized vehicles;
aggressor; and or,
2. Offender purposely b. Other efficient means
used excessive force out of transportation
of proportion to the Similar
means of defense to automobile or
available to the persons airplane.
attacked. 2. The same was used as
Means of Committing
Alevosia or treachery 1. Offender consciously
the crime, such as by
adopts particular
using the same to:
means,
a. Go to the place of the
methods, or forms
crime
tending directly and
b. Carry away the
specially to
effects thereof; and

Page 12 of 86
 c. Facilitate their escape relative (same
degree)
Cruelty 1. Injury caused be was
Deliberately Increased Crimes against
by chastity
causing other wrong;
and
2. Other wrong was ● Absolutory Causes
Unnecessary for the
Execution of ● Absolutory causes are those where the act
the purpose of the committed is a crime but for reasons of
offender.
public policy and sentiment there is no
penalty imposed. (Reyes, p. 242)
● Alternative Circumstances ● In addition to justifying circumstances and
exempting circumstances, there are other
● These are circumstances which may be absolutory causes in the following articles:
taken in consideration, as aggravating or ○ Spontaneous desistance (Art. 6,
mitigating according to the nature and RPC)
effects of the crime and other conditions ○ Accessories who are exempt from
attending its commission. (Reyes, RPC Book criminal liability (Art. 20, RPC)
1) ○ Detention by a public officer or
employee of another who has
committed a crime, or violent
Alternative When When
insanity, or any other ailment
Circumstance Aggravating Mitigating
requiring compulsory confinement
Intoxication When habitual Not habitual in a hospital, shall be considered
or AND not legal grounds for the detention of
intentional/del intentional. said person. (Art. 124 last par., RPC)
iberate (taken Must be such ○ Death or physical injuries inflicted
to embolden that deprives
under exceptional circumstances
perpetrator to offender of
commit the reason and (Art. 247, RPC)
crime) control ○ Provisions on qualified trespass to
dwelling do not apply to any
Degree of High degree of Low degree of person who: enters another’s
Education/Inst instruction instruction
dwelling for the purpose of
ruction and education, and education
preventing serious harm to himself,
and offender Exception: In
avails himself crimes the occupants of the dwelling, or a
of his learning wrongful in third person; who enters a dwelling
in committing their nature for the purpose of rendering some
the crime service to humanity or justice; or
who enters cafes, taverns, inns, and

Relationship Crimes against Crimes against other public hoses while they are
persons: property open. (Art. 280 par. 3, RPC)
(a) Serious PI, (band, theft, ○ Persons exempt from criminal
homicide or qualified theft, liability for theft, swindling, and
murder; swindling, malicious mischief (Art. 332, RPC)
(b) Less
other deceits). ○ Instigation. (US v. Phelps, GR No. L-
serious PI,
(Ticman, 2019) 5728, 11 August 1910)
offender is of
higher degree,
or collateral

Page 13 of 86
 3. PERSONS LIABLE AND DEGREE OF
PARTICIPATION
● Principals, Accomplices, and Accessories
● The following are the persons criminally
liable:
1. Principals
a. By direct participation – plans
and agrees on the criminal design
+ personal participation in acts
directly tending to the same end;
b. By induction/inducement;
i. By prize, promise, or reward;
ii. By words of command; or
iii. By violence, threat,
intimidation; (NOTE:
inducer’s utterances must be of
such nature and made in such
manner as to become
determining cause of the crime.)
iv. By indispensable cooperation
– participated in the planning +
cooperation in another
without which, the crime would
not have been accomplished.
2. Accomplices
a. Concurs with the criminal design of
the principal;
b. Cooperates in the execution by
previous or simultaneous acts, with
the intention of supplying material
or moral aid in the execution of the
crime in an efficacious way; and
c. Relation between acts
principal and the accomplice.
3. Accessory - has knowledge of the
commission of the crime, and without
having participated therein, either as
principal or accomplice, takes part
subsequent to its commission in any of
the following manners:
i. By profiting or assisting the offender
to profit by the effects of the crime;
ii. By concealing or destroying the body
of the crime, or the effects
instruments thereof, in order to prevent
its discovery; and
iii. By harboring, concealing or assisting
in the escape of the principal.
● Effect of the acquittal of the principal by
direct participation upon the liability of the
principal by inducement
○ Conspiracy is negatived by the
acquittal of the co-defendant. One
cannot be held guilty of having
instigated the commission of a
crime without first being shown
that the crime has been actually
committed by another. But if the
one charged as principal by direct
participation is acquitted because
he acted without criminal intent or
malice, his acquittal is not a ground
or for the acquittal of the principal by
The inducement. (Reyes, p. 535)
NOTE: In intentional felonies, the
the act of a person does not make him
criminal unless his mind be
criminal.
act, ● Conspiracy and Proposal
● Conspiracy, defined
○ Conspiracy exists when two or
more persons come to an agreement
concerning the commission of a
felony and decide to commit it.
● Requisites of conspiracy
○ There is an agreement; and
○ The participants acted in concert or
of the simultaneously which is indicative
of a meeting of the minds towards a
common criminal goal or criminal
objective. (Reyes, 2017, p. 131)
● GEN: Mere proposal to commit a felony is
not punishable since it is only a preparatory
act.
● EXP:
○ In cases in which the law specially
provides a penalty therefore, such
or as:
■ Proposal to commit treason
(Art. 115, RPC)
■ Proposal to commit coup
d’etat, rebellion, or
Page 14 of 86
 insurrection (Art. 136, RPC) of bribery, misrepresentation,
deceit, intimidation, force or
● Multiple Offenses (Differences, Rules, Effects) threats;
b. altering, destroying, suppressing or
1) Recidivism concealing any paper, record,
● A recidivist is one who, at the time of his document, or object, with intent to
trial for one crime, shall have been impair its verity, authenticity,
previously convicted by final judgment of legibility, availability, or
another crime embraced in the same title of admissibility as evidence in any
the Revised Penal Code. (People v. Lagarto, investigation of or official
G.R. No. 65833, 6 May 1991) proceedings in, criminal cases, or to
be used in the investigation of, or
2) Habituality (Reiteracion) official proceedings in, criminal
● The offender has been previously punished cases;
for an offense to which the law attaches an c. harboring or concealing, or
equal or greater penalty or for two or more facilitating the escape of, any
crimes to which it attaches a lighter penalty. person he knows, or has reasonable
ground to believe or suspect, has
3) Quasi-Recidivism committed any offense under
● Any person who shall commit a felony after existing penal laws in order to
having been convicted by final judgment, prevent his arrest prosecution and
before beginning to serve such sentence, or conviction;
while serving the same, shall be punished d. publicly using a fictitious name for
by the maximum period of the penalty the purpose of concealing a crime,
prescribed by law for the new felony. evading prosecution or the
execution of a judgment, or
4) Habitual Delinquency concealing his true name and other
● A person is a habitual delinquent if within a personal circumstances for the
period of ten years from the date of his (last) same purpose or purposes;
release or last conviction of the crimes of (1) e. delaying the prosecution of
serious or less serious physical injuries, (2) criminal cases by obstructing the
robo, (3) hurto, (4) estafa, or (5) falsification, service of process or court orders or
he is found guilty of any of said crimes a disturbing proceedings in the
third time or oftener. fiscal's offices, in Tanodbayan, or in
the courts;
● Decree Penalizing Obstruction of f. making, presenting or using any
Apprehension and Prosecution of Criminal record, document, paper or object
Offenders (P.D. No. 1829) with knowledge of its falsity and
with intent to affect the course or
● Punishes any person who any person who outcome of the investigation of, or
knowingly or willfully obstructs, impedes, official proceedings in, criminal
frustrates or delays the apprehension of cases;
suspects and the investigation and g. soliciting, accepting, or agreeing to
prosecution of criminal cases by committing accept any benefit in consideration
any of the following acts: of abstaining from, discounting, or
a. preventing witnesses from impeding the prosecution of a
testifying in any criminal criminal offender;
proceeding or from reporting the h. threatening directly or indirectly
commission of any offense or the another with the infliction of any
identity of any offender/s by means wrong upon his person, honor or

Page 15 of 86
 property or that of any immediate
Prision mayor (& 6 years 1 day to 12 years
member or members of his family temporary
in order to prevent such person disqualification)
from appearing in the investigation
of, or official proceedings in, Prision correccional 6 months 1 day to 6
(suspension & years
criminal cases, or imposing a
destierro)
condition, whether lawful or
unlawful, in order to prevent a Arresto mayor 1 month 1 day to 6
person from appearing in the months
investigation of or in official
Arresto menor 1 day to 30 days
proceedings in, criminal cases;
i. giving of false or fabricated Bond to keep the peace Discretionary on the
information to mislead or prevent court
the law enforcement agencies from
apprehending the offender or from
protecting the life or property of the Reclusion Perpetua Life Imprisonment
victim; or fabricating information
As to law
from the data gathered in
confidence by investigating Penalty imposed for Penalty imposed for
authorities for purposes of violation of RPC. violation of special
background information and not laws.
for publication and publishing or
As to duration
disseminating the same to mislead
the investigator or to the court. Has a fixed duration. No fixed duration. It is
● If any of the foregoing acts is committed by No longer than 40 technically until death
a public official or employee, he shall in years. of the accused.
addition to the penalties provided
As to accessory
thereunder, suffer perpetual
disqualification from holding public office. Carries with it an Does not carry an
accessory penalty accessory penalty
C. PENALTIES

● Duration of temporary disqualification and

1. IMPOSABLE PENALTIES [INCLUDE: ACT suspension when imposed as accessory
PROHIBITING THE IMPOSITION OF penalties
DEATH PENALTY IN THE PHILIPPINES ○ They follow the duration of the
(R.A. No. 9346) principal penalty. (Art. 27, par. 3 and
4, RPC)
2. CLASSIFICATION ● Cases in which destierro is imposed
a. Serious physical injuries or death
3. DURATION AND EFFECTS under exceptional circumstances
(Art. 247, RPC)
Penalty Duration b. In case of failure to give bond for
good behavior (Art. 284, RPC)
Reclusion perpetua 20 years 1 day to 40 c. As penalty for the concubine in
years concubinage (Art. 334, RPC)
d. In cases where after reducing the
Reclusion temporal 12 years 1 day to 20
penalty by one or more degrees
years
destierro is the proper penalty.

● Rules for the computation of penalties

Page 16 of 86
 a. When the offender is in prison – the
for the execution of
duration of temporary penalties is
their sentences
from the day on which the judgment
of conviction becomes final.
b. When the offender is not in prison – ● Effect when a convict, after trial, was
the duration of penalty consisting in sentenced to the penalty less than the full
deprivation of liberty is from the day time or four-fifths of the time he already
that the offender is placed at the spent in preventive imprisonment
disposal of judicial authorities for ○ The convict must be released
the enforcement of the penalty. immediately. The convict must be
c. The duration of other penalties – the entitled to credit for the preventive
duration is from the day on which imprisonment. (Reyes, p. 615; see also
the offender commences to serve his People v. Salik Magonawal, G.R. No.
sentence. L-35783, 12 March 1975)

Crediting of time spent during preventive

detention
● If the accused has undergone preventive
Offender Time credited in the imprisonment for a period equal to the
service of sentence possible maximum imprisonment of the
offense he was charged with, but his case is
Not a Youthful Full time spent under not yet terminated
Offender preventive ○ The accused shall be released
imprisonment is immediately without prejudice to
credited, if he agrees,
the continuation of the trial or the
voluntarily, and in
proceeding on appeal, if the same is
writing, to abide by the
under review. The computation of
disciplinary rules
imposed upon preventive imprisonment for
convicted prisoners. purposes of immediate release
under this paragraph shall be the
If he does not agree, actual period of detention with
only four-fifths of the good conduct time allowance.
time spent under ○ However, if the accused was absent
preventive without justifiable cause at any
imprisonment is
stage of the trial, the court may
credited
motu proprio order his rearrest.
Youthful Offender Full time spent under ○ NOTE: Accused must not be a
under Art. 197 of P.D. preventive recidivist, habitual delinquent,
No. 603 (Child and imprisonment is escapee, or person charged with
Youth Welfare Code) credited, irrespective of heinous crime for the above to
whether he agrees or apply. (Art. 29, RPC, as amended by
not to abide by the R.A. No. 10592)
disciplinary rules
imposed upon 4. APPLICATION
convicted prisoners
● Subsidiary Imprisonment
Recidivists; Not entitled to credit
the time spent in
● Defined
Habitual delinquents; preventive
and imprisonment ○ It is a subsidiary personal liability to
be suffered by the convict who has
Those who failed to no property with which to meet the
surrender voluntarily fine, at the rate of one day for each
upon being summoned eight pesos, subject to the rules
provided for in Article 39.

Page 17 of 86
 ○ An accused cannot be made to circumstance attendant to
undergo subsidiary imprisonment the commission of the
in case of insolvency to pay the fine crime. [modifying
imposed upon him when the circumstances are
subsidiary imprisonment is not considered only in the
imposed in the judgment of imposition of the
conviction. maximum term]
○ It should be noted that under ○ For offenses punished by a special
Article 39 of the Revised Penal law:
Code, as amended by Republic Act ■ Maximum term – shall not
No. 5465, no subsidiary penalty is exceed the maximum fixed
imposed for non-payment of: by the law, and
■ the reparation of the ■ Minimum term – shall not
damage caused; be less that the minimum
■ indemnification of the prescribed by the same law.
consequential damages; ○ NOTE: It is MANDATORY for
and minimum and maximum periods to
■ the costs of the be specified in the judgment of the
proceedings. (Ramos v. penalty to be imposable. (Act No.
Gonong, G.R. No. L-42010 31 4103)
August 1976)
○ NOTE: If the convict has property ● The indeterminate Sentence Law does not
with which to meet the fine, he apply to certain offenders such as:
cannot elect to serve the subsidiary ○ Those convicted of offenses
penalty instead of paying for the punished with death penalty or life
fine. “There is no rule for imprisonment;
transmutation of the amount of a ○ Those convicted of treason,
fine into a term of imprisonment.” conspiracy or proposal to commit
(People v. Dacuycuy, G.R. No. 45127, treason;
5 May 1989) ○ Those convicted of misprision of
treason, rebellion, sedition or
● Indeterminate Sentence Law (Act No. 4103, as espionage;
amended) ○ Those convicted of piracy;
○ Those who are habitual delinquents
● How penalty imposed when Indeterminate (but applies to recidivists);
Sentence Law is applied ○ Those who shall have escaped from
○ For offenses penalized under the confinement or evaded service of
RPC: sentence;
■ Maximum term – shall be ○ Those who violated the terms of
“that which, in view of the conditional pardon granted to them
attending circumstances, by the Chief Executive;
could be properly ○ Those whose maximum term of
imposed” under the RPC, imprisonment does not exceed one
and year;
■ Minimum term – shall be ○ Those who, upon the approval of
“within the range of the the law, had been sentenced by final
penalty next lower to that judgment; and
prescribed” for the offense ○ Those sentenced to the penalty of
without first considering destierro or suspension. (Reyes, p.
any modifying 790)

Page 18 of 86
 2. Deprivation of the
5. GRADUATION OF PENALTIES right to vote or to
be elected
3. Disqualification for
Degree Period the offices or public
employments and
One entire penalty; one One of three equal
whole penalty or one for the exercise of
portions, called
unit of the penalties any of the rights
minimum, medium
enumerated in the mentioned
and maximum, of a
graduated scales 4. Loss of right to
divisible penalty.
provided for in Art. 71 retirement pay or
(Estrada, Book 1) pension for any
office formerly held
How Affected
Perpetual or temporary 1. Deprivation of the
Graduation of penalties General Rule: special disqualification office,
by degrees considers Graduation by periods
employment,
the following: considers the ordinary
profession, or
1. Stages of execution aggravating and
(consummated, calling affected
mitigating
frustrated, attempted) 2. Disqualification for
circumstances. (RPC,
(Art. 61, RPC) holding similar
Art. 64)
2. Extent of offices or
participation (principal, employments
accomplice, accessory) Exceptions:
either perpetually
(Art. 61, RPC) 1. When the
or during the term
3. Privileged Mitigating penalty is single and
of the sentence
circumstance alleged in indivisible (except if
the Information (Arts. privileged mitigating) Perpetual or temporary 1. Deprivation of the
68 and 69, RPC) 2. In felonies through special disqualification right to vote or to
4. Qualifying negligence (Art. for the exercise of right be elected to any
circumstance alleged in 365, RPC) to suffrage public office
the Information 3. When the 2. Cannot hold any
penalty is only a Fine public office during
imposed by an the period of
ordinance (People v. disqualification
Kuan, G.R. No. L- 48515,
1942) Civil interdiction 1. Deprivation of
4. When the penalties parental authority
are or guardianship
prescribed by Special 2. Deprivation of
laws (Reyes, Book 1) marital authority
3. Deprivation of the
right to manage
6. ACCESSORY PENALTIES
one’s property and
to dispose such
property by any act
Accessory Penalty Effects
or conveyance inter
Perpetual or temporary 1. Deprivation of the vivos
absolute public offices and
disqualification NOTE: He can dispose
employments, even
of such property by will
if by election
or donation mortis
causa.

Page 19 of 86
 by 3, the three-fold rule does not apply.
Bonds to keep the peace 1. Offender must
● Also, the maximum duration shall not
present two
sufficient sureties exceed 40 years. (Reyes, pp. 748-752)
who shall
undertake that the 2. PROBATION LAW (P.D. No. 968, AS
offender will not AMENDED)
commit the offense
sought to be ● Probation, defined
prevented, and that ○ Probation is a disposition under
in case such offense which a defendant, after conviction
be committed they and sentence, is released subject to
will pay the conditions imposed by the court
amount
and to the supervision of a
determined by the
probation officer. (Sec. 3(a), P.D. No.
court
968)
2. The offender must
● Period within which to file application for
deposit such
probation
amount with the
clerk of court to ○ The defendant must file the
guarantee such application with the trial court
undertaking, or, within the period for perfecting an
3. The offender may appeal. (Sec. 4, P.D. No. 968)
be detained, if he ● The filing of the application shall be deemed
cannot give the a WAIVER of the right to an appeal.
bond, for a period Jurisprudence treats appeal and probation
not to exceed 6 as mutually exclusive remedies. (Sec. 4, P.D.
months if No. 968; see also People v. Galuga, G.R. No.
prosecuted for 221428, 13 February 2019)
grave or less grave
● An order granting or denying probation is
felony, or for a
not appealable.
period not to
● When a judgment of conviction imposing a
exceed 30 days, if
non-probational penalty is appealed or
for a light felony.
reviewed, and such judgment is modified
(Arts. 30-35, RPC; Reyes, pp. 619-621) through the imposition of a probational
penalty, the defendant shall be allowed to
apply for probation based on the modified
D. EXECUTION AND SERVICE OF SENTENCE
decision before such decision becomes final.
(Sec. 4, P.D. No. 968, as amended by R.A. No.
1. THREE-FOLD RULE 10707)
● Probation may be granted whether the
● According to the three-fold rule, the sentence imposes a term of imprisonment or
maximum duration of the convict’s sentence a fine with subsidiary imprisonment in case
shall not be more than three times the length of insolvency. (Sec. 4, P.D. No. 968; Reyes, p.
of time corresponding to the most severe of 805)
the penalties imposed upon him. ● Offenders who are disqualified from
● If the sentence is indeterminate, the basis of applying for probation
the three-fold rule is the maximum term of ○ Sentenced to serve a maximum
the sentence. (People v. Desierto, CA 45 OG term of imprisonment of more than
4542) 6 years;
● However, if the sum total of all the penalties ○ Convicted of any crime against
does not exceed the most severe multiplied national security;

Page 20 of 86
 ○ Who have previously been
convicted by final judgment of an
offense punished by imprisonment;
of more than 6 months and 1 day
and/or a fine of more than P1,000;
○ Who have been once on probation
under the provisions of this Decree;
and
○ Who are already serving sentence at
the time the substantive provisions
of this Decree became applicable
pursuant to Section 33 hereof. (Sec.
9, P.D. No. 968 as amended by R.A.
No. 10707)
● Probation is not coterminous with its
period. There must first be issued by the
court, an order of final discharge based on
the report and recommendation of the
probation officer. Only from such issuance
can the case of the probationer be deemed
terminated. (Bala v. Martinez, G.R. No. 67301,
29 January 1990)
3. JUVENILE JUSTICE AND WELFARE ACT
(R.A. No. 9344, AS AMENDED)
● Minimum age of criminal responsibility
Age of Criminal Responsibility
Offender
15 or under Exempt from criminal
liability, but shall be subjected
to intervention program
Above 15 but Acted with discernment –
below 18 subjected to the appropriate
proceedings in accordance
with R.A. No. 9344
Acted without discernment –
exempt from criminal
liability, but shall be subjected
to intervention program
● How acting with discernment determined
○ The discernment that constitutes an
exception to the exemption from
criminal liability of a minor under
fifteen years of age but over nine,
who commits an act prohibited by
law, is his mental capacity to
understand the difference between
right and wrong, and such capacity
may be known and should be
determined by taking into
consideration all the facts and
circumstances afforded by the
records in each case, the very
appearance, the very attitude, the
very comportment and behavior of
said minor, not only before and
during the commission of the act,
but also after and even during the
trial. (People v. Sisracon, G.R. No.
226494, 14 February 2018 citing
Valentin v. Duqueña)
● Child in conflict with the law, defined
○ A child alleged as, accused of or
adjudged as, having committed an
offense under PH Laws. BUT only if
such child is 15 years old or below
at the time of the commission of the
crime. This is conclusive
presumption that CICL are
incapable of performing the
criminal act due to complete
absence of intelligence, freedom of
action or intent (Ortega vs. People,
G.R. No. 151085, 20 August 2008)
● Offenses not applicable to children
○ Prostitution under Art. 202 of the
RPC
○ Mendicancy under P.D. No. 1563
○ Sniffing of rugby under P.D. 1619
(Sec. 59, R.A. 9344)
● A child may apply for probation
○ The court may, after it shall have
convicted and sentenced a CICL,
and upon application at any time,
place the child on probation in lieu
of service of his/her sentence taking
into account the best interest of the
child. (Sec. 42, R.A. 9344)
Page 21 of 86
4. AN ACT ADJUSTING THE AMOUNT OR
THE VALUE OF PROPERTY AND
DAMAGE ON WHICH A PENALTY IS
BASED AND THE FINES IMPOSED
UNDER THE REVISED PENAL CODE
(R.A. No. 10951)
● The Act adjusts the value of property and
damage on which a penalty is based and
the fines imposed under the RPC. Under
this Act are adjustment on several
children-related felonies, namely Art. 277
and Art. 278.
5. COMMUNITY SERVICE ACT (R.A. No.
11362 AND A.M. NO. 20-06-14-SC)
● Community service consists of any actual
physical activity which inculcates civic
consciousness, and is intended towards the
improvement of a public work or promotion
of a public service.
● Under Art. 88 of the RPC, as amended by
R.A. No. 11362, the court may, in lieu of
service in jail, require that the penalties of
arresto menor and arresto mayor may be
served by the defendant by rendering
community service in the place where the
crime was committed, under such terms as
the court shall determine, taking into
consideration the gravity of the offense and
the circumstances of the case, which shall be
under the supervision of a probation officer.
● The defendant shall also be required to
undergo rehabilitative counseling under the
social welfare and development office of the
city or municipality concerned with the
assistance of the Department of Social
Welfare and Development (DSWD).
● If the defendant has fully complied with the
terms of the community service, the court
shall order his release unless he is detained
for some other offense.
● NOTE:
● The privilege of rendering
community service in lieu of service
in jail shall be availed of only once.
● An accused who has applied and
was granted probation in a barangay where the crime was
previous case is not disqualified to
apply for community service in a
subsequent case.
● Community service shall not be
allowed if the defendant is a
habitual delinquent.
● What happens if the defendant violates the
terms of the community service?
● The court shall order his/her re-
arrest and the defendant shall serve
the full term of the penalty, as the
case may be, in jail, or in the house
of the defendant as provided under
Article 88.
● With respect to the rendition of community
service, what is the duty of the court after
promulgation of the judgment or order
where the imposable penalty for the crime
or offense committed by the accused is
arresto menor or arresto mayor?
● Within 15 calendar days from the
date of promulgation, the court has
the duty to inform the accused of,
and announce in open court, his
options, to wit:
a. File an appeal
b. Apply for probation as
provided by law
c. Apply that the penalty be
served by rendering
community service in the
place where the crime was
committed.
● The court also has to explain to the accused
that, should he appeal his conviction, such
resort thereto bars any application for
community service or probation. (However,
if the court denies the application for
community service, and the period to
appeal has not yet lapsed, the accused may
still choose to appeal the said judgment or
apply for probation.)
● If the accused avails of the community
service, the court shall, upon receipt of the
application for community service,
immediately notify:
a. The barangay chairperson or his
authorized representative of the
committed
Page 22 of 86
 b. A representative from the E. EXTINCTION OF CRIMINAL LIABILITY
provincial/city Probation’s Office;
and
c. The local government unity’s Social
Total Extinction Partial Extinction
Welfare Development Officer. (AM
No. 20-06-14-SC) 1. Prescription of 1. Conditional
Crime pardon
● When must the application for community 2. Prescription of 2. Commutation of
Penalty sentence
service be filed, and when must it be
3. Death of the 3. Good conduct
resolved? convict
allowances
● The application must be filed 4. Service of sentence
4. Special time
within the period to perfect an 5. Amnesty
allowance for
appeal, and must be resolved 6. Absolute pardon
7. Marriage of the loyalty
within 5 calendar days from the
offended woman, 5. Parole
filing thereof. The court should set a
as provided in Art. 6. Probation
hearing to render or promulgate the
344 of the RPC.
ruling on the said application
within the said period.
● An order granting or denying the
application shall not be appealable. I. Total Extinction
(AM No. 20-06-14-SC) 1. Prescription of Crime

● What are the contents of a community Penalty Provided by Prescriptive Period

Law
service order?
a. Details of the community service Death, reclusion 20 years
program; perpetua, or reclusion
b. The specific number of hours to be temporal
accomplished, and period within
which to complete the service; Other afflictive 15 years
c. The referral of accused to the penalties
probation office having jurisdiction
over the place where the crime was Correctional penalties 10 years
(except Arresto Mayor)
committed for supervision;
d. A statement requiring the Arresto Mayor 5 years
concerned probation officer to
provide a final report on the Crime Prescriptive Period
accused’s compliance with the
program within 5 calendar days Libel or other similar 1 year
from expiration of the period and offenses
recommendation for discharge if
Oral Defamation and 6 months
applicable; Slander by Deed
e. A statement requiring the SWDO to
submit a report within 5 calendar Light Offenses 2 months
(e.g., arresto menor,
days after the completion of
public censure)
rehabilitative counseling; and
f. The imposition of additional Fine Prescriptive Period
conditions as may be warranted by
the circumstances of the case. (AM Afflictive (Exceeds 15 years
P1,200,000)
No. 20-06-14-SC)

Page 23 of 86
 (1931), cited in
Correctional (1,200,000 10 years
Reyes, Book 1)
to
P40,000) iv. Continuing crimes
● Circumstances when computation of period
Light (Less than 2 months is interrupted (Art. 91, RPC)
P40,000) a. Upon filing of complaint or
information
b. When offender is absent from the
1. Commencement Period for Computation Philippine archipelago
a. General Rule: The running of the ● Prescription for Special Laws and Municipal
prescriptive period should Ordinances (Sec. 1, Act No. 3326)
commence from the day following a. Exception: Where the special law
the day on which the crime was provides for its own prescriptive
committed. (People v. Del Rosario, 97 period. (Sec. 1, Act No. 3326)
Phil 67, 70 (1955), cited in Reyes, Book
1) Penalty Provided by Prescriptive Period
b. Exceptions Law
i. Blameless ignorance
doctrine: If violation was Imprisonment of 6 12 years
not known at the time of its years and more
commission, the
prescription begins to run
Imprisonment of 2 8 years
only from the discovery years and more but less
thereof than 6 years
ii. False testimony
iii. Election offenses Imprisonment for more 4 years
a. If the discovery is than 1 month, but less
incidental to than 2 years
judicial
Imprisonment of not 1 year
proceedings, more than 1 month
prescription begins
when such Fine 1 year
proceedings
terminate. Crime Prescriptive Period
b. If the falsification
committed by Violation of municipal 2 months
inspectors in ordinances
connection with
Violation of National 5 years (Sec.
the counting of
Internal Revenue Code 281, National Internal
votes and
Revenue
preparation of
Code of 1997)
election returns
was known to the Violations of orders, 60 days (Sec. 28, Public
protestants and decisions and Service Act)
their election regulations, of or
watchers before conditions of certificate
the filing of the of convenience by the
election protests, Public Service
Commission
the period of
prescription begins
from the date of
2. Prescription of Penalty
commission of the
offense. (People v.
Penalty Imposed Prescriptive Period
Cariño, 56 Phil 109

Page 24 of 86
 Pardon is an act of grace, proceeding from the power
Death and Reclusion 20 years
entrusted with the execution of the laws. It exempts
Perpetua
the individual from the penalty of the crime he has
Other Afflictive 15 years committed. (Reyes, Book 1)
Penalties
Absolute pardon is the total extinction of the
Correctional Penalties 10 years criminal liability of the individual to whom it is
granted without any condition. It restores to the
Arresto Mayor 5 years individual his civil and political rights and remits
the penalty imposed for the particular offense of
which he was convicted. (Sec. 2(q), Revised Rules and
Light Penalties 1 year
Regulations of the Board of Pardons and Parole)

7. By the marriage of the offended woman

● Elements for Application of Prescription of
Penalty
1. Penalty is imposed by final judgment;
2. Convict evaded service of sentence by
escaping during the term of his
sentence;
3. The convict who has escaped from
prison has not given himself up, or been
captured, or gone to a foreign country
with which we have no extradition
treaty or committed another crime; and
4. The penalty has prescribed because of
the lapse of time from the date of the
evasion of service of the sentence by the
convict. (Reyes, Book 1)
3. Death of the Convict
General Rule: Death of the accused pending appeal
II.
of his conviction extinguishes his criminal liability
as well as the civil liability based solely thereon.
Exception: Claim of civil liability survives
notwithstanding the death of the accused, if the
same may also be predicated on a source of
obligation other than delict, such as law, contracts,
quasi-contracts and quasi-delicts. (People v. Bayotas,
G.R. No. 102007, 1994)
4. Service of Sentence
5. Amnesty
An act of the sovereign power granting oblivion or
general pardon for a past offense. (Brown v. Walker,
161 U.S. 602 (1896), cited in Reyes, Book 1)
Erases not only the conviction but the crime itself.
(Art. 89, par. 3, RPC)
6. Absolute Pardon
and the offender in the crimes of rape,
abduction, seduction and acts of
lasciviousness (Art. 344, RPC)
● Effect of Marriage [Art. 344, RPC]
1. Marriage of the offender with the
offended party in seduction, abduction,
acts of lasciviousness and rape,
extinguishes criminal action or remits
the penalty already imposed.
2. It also extinguishes the criminal actions
against the co-principals, accomplices,
and accessories.
● Pardon of Offended Party in Offenses Other
than those in Art. 344
○ Only civil liability is extinguished.
A crime committed is an offense
against the State. Only the Chief
Executive can pardon the offenders.
(Art. 23, RPC)
Partial Extinction
1. Conditional Pardon (Art. 95, RPC)
● Any person who has been granted
conditional pardon shall incur the
obligation of complying strictly with the
conditions imposed therein otherwise. (Art.
95, RPC)
● If delivered and accepted, it is a contract
between the executive and the convict that
the former will release the latter upon
compliance with the condition. (Reyes, Book
1)
● Non-compliance with any of the conditions
specified shall result in the revocation of the
pardon and the penalty of prision
correccional in its minimum period shall be
imposed upon the convict. However, if the
penalty remitted by the granting of such
pardon be higher than 6 years, he shall then

Page 25 of 86
 suffer the unexpired portion of his original 4. Special Time Allowance (Art. 98, RPC)
sentence. (Art. 159, RPC)
Scenario Deduction from
2. Commutation of Sentence
Period of Sentence
● The commutation of the original sentence
for another of a different length and nature When prisoner, having 1/5 of period of
shall have the legal effect of substituting the evaded his sentence, sentence
latter in the place of the former. (Art. 96, gives himself up to
RPC) authorities within 48
hours following
3. Allowance for Good Conduct which issuance of
Culprit May Earn while He is Serving proclamation by Chief
Sentence (Art. 97, RPC) Executive announcing
● General Rule: Allowance is granted to any the
prisoner in: passing away of the
○ Penal institution calamity
○ Rehabilitation or detention center
When prisoner chooses 2/5 of period of
○ Other local jail (Art.97, RPC as
to stay in place of sentence
amended by R.A. 10592) confinement
● Exceptions: The allowance is not applicable
to:
○ Recidivists 5. Parole
○ Habitual delinquents Parole is the conditional release of an offender from
○ Escapees a correctional institution after he has served the
○ Persons charged with heinous minimum of his prison sentence. (Sec. 2(l), Revised
crimes (Art. 29 RPC as amended by Rules and Regulations of the Board of Pardons and
R.A. 10592) Parole)
● Good Conduct Allowances (Art. 97, RPC as
amended by R.A. No. 10592) 6. Probation

Probation is a disposition under which a defendant

Time Spent in Penal Deduction from
Institution Period of Sentence
First 2 years 20 days for each month
of good behavior
after conviction and sentence is released subject to
conditions imposed by the court and to the
supervision of a probation officer. (Sec. 3(a), P.D.
968)

3rd to 5th year 23 days for each month

of good behavior
Following years until 25 days for each month
10th year of good behavior
11th and succeeding 30 days for each month
years of good behavior
Any time during period 15 days for each month
of imprisonment of study, teaching or
mentoring service time
rendered
III. Compromise and Affidavit of Desistance
● Criminal liability cannot be the subject of a
compromise, for a criminal case is
committed against the People, and the
offended party may not waive or extinguish
the criminal liability. Compromise is not
one of the grounds prescribed by RPC for
the extinction of criminal liability. (Trinidad
v. Ombudsman, G.R. No. 166038 (2007); Art.
2034, New Civil Code; Art. 23, RPC)
● Courts disfavor affidavits of desistance or
retraction (People v. Orje, G.R. No. 189579,
2011 citing People v. Soriano, G.R. No. 178325,
2008; citing People v. Alicante, 388 Phil. 233,
258, 2000) as they can be easily secured from
poor or ignorant witnesses, usually for
monetary considerations or threats of
violence. There must be other circumstances

Page 26 of 86
 which, when coupled with retraction or
desistance, creates doubt as to the truth of
the plaintiff’s testimony. (People v. Orje, G.R.
No. 189579, 2011)
● Civil liability arising from an offense,
however, may be the subject of compromise.
Such compromise shall not extinguish the
imposition of the legal penalty. (Art. 2034,
New Civil Code)
F. CIVIL LIABILITIES IN CRIMINAL CASES
● Civil liability may exist although the
accused is not held criminally liable, in the
following cases:
○ Acquittal on reasonable doubt (Art.
29, New Civil Code)
○ Award of civil damages in the
judgment of acquittal (Maximo v.
Gerochi, G.R. Nos. L-47994-97,
September 24, 1986)
○ Acquittal from a cause of
nonimputability (Art. 101, RPC)
○ Acquittal in the criminal action for
negligence does not preclude the
filing of civil action to recover
damages (Art. 2177, New Civil Code)
○ Acquittal on the basis that there is
only civil responsibility, not
criminal responsibility. (De Guzman
v. Alva, 51 OG 1311)
○ Independent civil actions (Arts. 31,
32, 33, and 34, New Civil Code)
● On the other hand, a person exempt from
criminal liability under Article 12 RPC
(exempting circumstances) is also exempt
from civil liability in the following cases:
○ Any person who, while performing
a lawful act with due care, causes an
injury by mere accident without
fault or intention of causing it (Par.
4, Art. 12, RPC)
○ Any person who fails to perform an
act required by law, when
prevented by some lawful
insuperable cause (Par. 7, Art. 12,
RPC)
● Also, the accused is not civilly liable in the
following cases:
○ When the basis of the acquittal is
that the accused is not the author of
the act or omission. (Manantan v.
CA, G.R. No. 107125, 29 January
2001; Lumantas v. Calapiz, G.R. No.
167753, 15 January 2014)
○ When there is no damage caused by
the commission of the crime.
○ In justifying circumstances under
Article 11, RPC, since the accused
incurs no criminal liability.
● Two kinds of acquittal and their effect on
the civil liability of the accused
○ Our law recognizes two kinds of
acquittal, with different effects on
the civil liability of the accused.
○ First is an acquittal on the ground
that the accused is not the author of
the act or omission complained of.
This instance closes the door to civil
liability, for a person who has been
found to be not the perpetrator of
any act or omission cannot and can
never be held liable for such act or
omission. There being no delict,
civil liability ex delicto is out of the
question, and the civil action, if any,
which may be instituted must be
based on grounds other than the
delict complained of. This is the
situation contemplated in Rule 111
of the Rules of Court.
○ The second instance is an acquittal
based on reasonable doubt on the
guilt of the accused. In this case,
even if the guilt of the accused has
not been satisfactorily established,
he is not exempt from civil liability
which may be proved by
preponderance of evidence only.
○ The Rules of Court requires that in
case of an acquittal, the judgment
shall state "whether the evidence of
the prosecution absolutely failed to
prove the guilt of the accused or
merely failed to prove his guilt
beyond reasonable doubt. In either
case, the judgment shall determine
if the act or omission from which
the civil liability might arise did not
exist.
Page 27 of 86
II. BOOK II (ARTICLES 114-365 OF THE executing a
RPC) AND RELATED SPECIAL LAWS treasonable
design by force

A. CRIMES AGAINST NATIONAL SECURITY

AND LAWS OF NATIONS (ARTS. 114-123) ● Two-Witness Rule in Treason
○ The testimony of two witnesses is
required to prove the overt act of
I. Article 114 - Treason
giving aid or comfort. An overt act
is defined as that physical activity,
● Treason is a breach of allegiance to a
that deed that constitutes the
government, committed by a person who
rendering of aid and comfort. The
owes allegiance to it (U.S. v. Abad, G.R. No.
two-witness rule must be adhered
976, 1902)
to as to each and every one of all the
● Two modes of committing treason
external manifestations of the overt
1. Levying war
act in issue. (People v. Abad, G.R. No.
2. Adherence to the enemy and giving
L-430, 30 July 1947)
of aid and comfort
○ Thus, in one case where one witness
● Place of Commission
testified as to the accused doing
a. Treason by a Filipino citizen - can be
guard duty in a Japanese garrison
committed outside of the
on one specific date, and another
Philippines.
witness testified as to the accused
b. Treason by an alien - must be
doing guard duty in the same
committed in the Philippines.
garrison on a different date, these
● Treason is a continuing offense – It is of
testimonies were held as not
such a nature that it may be committed by
sufficient to sustain a conviction.
one single act, by a series of acts, or by
○ To sustain a conviction, at least two
several series thereof, not only in a single
witnesses must testify as to the
time, but in different times, it being a
perpetration of a single, same, and
continuous crime. (People v. Victoria, G.R.
precise overt act. (People vs.
No. L-369, 1947)
Agpangan, G.R. No. L-778, 10 October
● Elements
1947)
Mode 1 - Levying War Mode 2 - Adherence to ● After the Japanese occupation of the
the Enemy and Giving Philippines, two persons were accused of
of Aid and Comfort
the crime of treason. One of the accused, an
alien, argued that he cannot be liable for
1. Offender is a Filipino or resident alien treason because he is not a Filipino. Is his
owing allegiance to the Government of argument tenable? No. Both citizens and
the Philippines aliens can be liable for treason; for citizens,
as they owe permanent allegiance to the
2. There is a war in which the Philippines is
involved Philippines as such. For aliens, because for
their presence here, they owe temporary
3. The offender 3. Offender adheres to allegiance to this country which is bound to
Levies war the enemies and gives extend to them the same protection
against the them aid or comfort
accorded its citizens. (Boado, p. 382; see also
government
4. There must be Laurel v. Misa, G.R. No. 409, 30 January 1947)
an actual ● Following the facts of the previous question,
assembly of the other accused, a Filipino, argued that he
men; and cannot be liable for treason because the
5. It is for the sovereignty of the Philippine government
purpose of
was suspended in view of the Japanese

Page 28 of 86
 occupation, and correlatively, the allegiance
commit it person its to
of Filipino citizens was also suspended. Is execution other
his argument tenable? No. The absolute and persons
permanent allegiance of the inhabitants of a
territory occupied by the enemy to their
III. Article 116 - Misprision of Treason
legitimate government or sovereign is not
abrogated or severed by the enemy
● Elements
occupation, because the sovereignty of the
1. Offender is a citizen of the Philippines;
government or sovereign de jure is not
2. He has knowledge of Conspiracy to
transferred thereby to the occupier. The
commit treason against the
existence of sovereignty cannot be
government; and
suspended without putting it out of
3. He conceals or does not disclose and
existence or divesting the possessor thereof
make known the same as soon as
at least during the so-called period of
possible to the governor or fiscal of the
suspension. What may be suspended is the
province in which he resides, or the
exercise of the rights of sovereignty with the
mayor or fiscal of the city in which he
control and government of the territory
resides.
occupied by the enemy passes temporarily
to the occupant. And that, as a corollary of
IV. Article 117 - Espionage
the conclusion that the sovereignty itself is
not suspended and subsists during the
● Two Modes of Committing Espionage
enemy occupation, the allegiance of the
1. By Entering, without authority therefor,
inhabitants to their legitimate government
a warship, fort, or naval or military
or sovereign subsists, and therefore there is
establishment or reservation to obtain
no such thing as suspended allegiance...
any information, plans, photographs, or
(Laurel v. Misa, G.R. No. 409, 30 January 1947)
other data of a confidential nature
relative to the defense of the Philippines
II. Article 115 - Conspiracy and Proposal to
2. Disclosing by public officer of
Commit Treason
confidential information to a foreign
representative
● Elements
● Elements
Conspiracy to Commit Proposal to Commit
Mode 1 - Entering Mode 2 - Disclosing
Treason Treason
Without Authority by a Public Officer
1. There is a war in which the Philippines is
1. Offender enters a 1. That the offender is
involved
warship, fort, or a public officer;
2. At least two 2. At least one person naval or military 2. That he has in his
persons agree decides to establishment or possession the
to: a. Levy war reservation; articles, data or
a. Levy war against the 2. He has no information of a
against the government; or authority; confidential nature
governmen b. Adhere to the 3. His purpose is to relative to the
t; or enemies, obtain information, defense of the
b. Adhere to giving them aid plans, photographs Philippines, by
the or comfort or other data of a reason of the
enemies, confidential nature; public office he
giving and holds; and
them aid or 4. What is sought to 3. That he discloses
comfort be obtained is their contents to a
relative to the representative of a
3. They decide to 3. That proposes defense of the foreign nation.
Philippines.

Page 29 of 86
 enemy country; and
V. Article 118 - Inciting to War or Giving 4. Going to the enemy country is
Motives for Reprisals prohibited by competent authority.

● Elements IX. Article 122 - Piracy in General and Mutiny

1. Offender performs unlawful or on the High Seas or in Philippine Waters
unauthorized acts
2. The acts: ● Elements
a. Provoke or give occasion for a war
Mode 1 - Attacking or Mode 2 - Seizing the
involving or liable to involve the Seizing the Vessel Cargo
Philippines; or
b. Exposure of Filipino citizens to 1. The vessel is on the high seas or Philippine
reprisals on their persons or waters

property 2. Offender may be a 2. Offenders are

complement or neither members of
VI. Article 119 - Violation of Neutrality passenger of the its complement nor
vessel passengers of the
● Elements 3. The offenders vessel
attacks or seizes 3. Offenders are
1. There is war in which the Philippines is
the vessel neither members of
not involved;
its complement nor
2. There is a regulation issued by a passengers of the
competent authority to enforce vessel
neutrality; and
4. There is intent to gain
3. Offender violates the regulation.

VII. Article 120 - Correspondence with Hostile X. Article 123 - Qualified Piracy
Country
● Qualifying Circumstances
● Elements 1. Whenever the vessel is seized by
1. There is War in which the Philippines is boarding or firing upon the same;
not involved; 2. Whenever the pirates have abandoned
2. Offender makes correspondence with their victims without means of saving
an enemy country or territory occupied themselves; or
by enemy troops; 3. Whenever the crime is accompanied by
3. The correspondence is either: murder, homicide, physical injuries or
a. Prohibited by the government, or rape. This is a special complex crime,
b. Carried on in ciphers or regardless of the number of victims.
conventional signs; or (People v. Siyoh, G.R. No. L-57292, 1986)
c. Contains notice or information
which might be useful to the 1. ANTI-PIRACY AND ANTI-HIGHWAY
enemy ROBBERY (P.D. NO. 532)

VIII. Article 121 - Flight to Enemy’s Country ● Definition of terms (Sec. 2, P.D. No. 532)
● Piracy
● Elements ○ Any attack upon or seizure of any
1. There is a war in which the Philippines vessel, or the taking away of the
is involved; whole or part thereof or its cargo,
2. Offender owes allegiance to the equipment, or the personal
government; belongings of its complement or
3. Offender attempts to flee or go to passengers, irrespective of the value

Page 30 of 86
 thereof, by means of violence
against or intimidation of persons
or force upon things, committed by
any person, including a passenger
or member of the complement of
said vessel, in Philippine waters,
shall be considered as piracy. The
offenders shall be considered as
pirates and punished as hereinafter
provided. (Sec. 2(d), P.D. No. 532)
● Philippine Waters
○ Philippine Waters. It shall refer to
all bodies of water, such as but not
limited to, seas, gulfs, bays around,
between and connecting each of the
Islands of the Philippine
Archipelago, irrespective of its
depth, breadth, length or
dimension, and all other waters
belonging to the Philippines by
historic or legal title, including
territorial sea, the sea-bed, the
insular shelves, and other
submarine areas over which the
Philippines has sovereignty or
jurisdiction. (Sec. 2(a), P.D. No. 532)
● Highway Robbery/Brigandage
○ The seizure of any person for
ransom, extortion or other unlawful
purposes, or the taking away of the
property of another by means of
violence against or intimidation of
person or force upon things of other
unlawful means, committed by any
person on any Philippine Highway.
(Sec. 2(e), P.D. No. 532)
● Philippine Highway
○ Refers to any road, street, passage,
highway and bridges or other parts
thereof, or railway or railroad
within the Philippines used by
persons, or vehicles, or locomotives
or trains for the movement or
circulation of persons or
transportation of goods, articles, or
property or both. (Sec. 2(c), P.D. No.
532)
● Punishable Acts (Sec. 4, P.D. No. 532)
● Any person who knowingly and in any
manner aids or protects pirates or highway
robbers/brigands, such as giving them
information about the movement of police
or other peace officers of the government, or
acquires or receives property taken by such
pirates or brigands or in any manner derives
any benefit therefrom; or any person who
directly or indirectly abets the commission
of piracy or highway robbery or brigandage,
shall be considered as an accomplice of the
principal offenders and be punished in
accordance with the Rules prescribed by the
Revised Penal Code.
● It shall be presumed that any person who
does any of the acts provided in this Section
has performed knowingly, unless the
contrary is proven.
2. ANTI-TERRORISM ACT OF 2020 (R.A. NO.
11479, SEE ATA RULING IN CALLEJA V.
EXECUTIVE SECRETARY, G.R. NO. 252578,
ET AL.)
In Calleja v. Executive Secretary, the Court declared
the following provisions of Republic Act No. 11479
UNCONSTITUTIONAL:
1. The phrase in the proviso of Section 4 which
states “which are not intended to cause
death or serious physical harm to a person,
to endanger a person’s life, or to create
serious risk to public safety;”
2. The second mode of designation found in
paragraph 2 of Section 25; and
3. As a necessary consequence, the
corresponding reference/provisions in the
IRR of RA No. 11479 relative to the
foregoing terms.
● Punishable Acts of Terrorism (Secs. 4-12,
R.A. No. 11479)
1. Terrorism. - committed by any person who,
within or outside the Philippines, regardless
of the stage of execution:
a. Engages in acts intended to cause
death or serious bodily injury to any
person, or endangers a person’s life;
b. Engages in acts intended to cause
extensive damage or destruction to
a government or public facility,
public place or private property;
c. Engages in acts intended to cause
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 extensive interference
damage or destruction to critical
infrastructure;
d. Develops, manufactures, possess,
acquires, transports, supplies or
uses weapons, explosives or of
biological, nuclear, radiological or
chemical weapons; and
e. Release of dangerous substances, or
causing fire, floods, or explosions.
When the purpose of such act, by its nature and
context, is to:
a. intimidate the general public or a segment
thereof,
b. create an atmosphere or spread a message of
fear,
c. provoke or influence by intimidation the
government or any international
organization, or
d. seriously destabilize or destroy
fundamental political, economic, or social
structures of the country, or
e. create a public emergency or seriously
undermine public safety,
shall be guilty of committing terrorism and shall
suffer the penalty of life imprisonment without the
benefit of parole and the benefits of RA No. 10592
Terrorism shall NOT include advocacy, protest,
dissent, stoppage of work, industrial or mass action,
and other similar exercises of civil and political
rights
2. Threat to Commit Terrorism. - Any person who
shall threaten to commit any of the acts above.
3, Planning, Training, Preparing, and Facilitating the
Commission of Terrorism. -
a. possessing objects connected with the
preparation for the commission
terrorism, or
b. collecting or making documents connected
with the preparation of terrorism
4. Conspiracy to Commit Terrorism. - There is
conspiracy when two (2) or more persons come to an
agreement concerning the commission of terrorism
and decide to commit the same.
with, 5. Proposal to Commit Terorrism. -
This is committed by any person who proposes to
commit terrorism.
6. Inciting to Commit Terrorism. -
Any person who without taking any direct part in
the commission of terrorism, shall include others to
the execution of any of the acts specified above by
means of speeches, proclamations, writings,
emblems, banners or other representations tending
to the same end.
7. Recruitment to and Membership in a Terrorist
Organization. - Any person who shall recruit
another to participate in, join, commit, or support
terrorism or a terrorist individual or any terrorist
organization, association or group of persons.
Any person who organizes or facilitates the travel of
individuals to a state other than their state of
the residence or nationality for the purpose of
recruitment which may be committed through any
of the following means:
a. Recruiting another person to serve in any
capacity in or with an armed force in a
foreign state, whether the armed force forms
part of the armed forces of the government
of that foreign state or otherwise;
b. Publishing an advertisement or propaganda
for the purpose of recruiting persons to
serve in any capacity in or with such armed
force;
c. Publishing an advertisement or propaganda
containing aunty information relating to the
place at which or the manner in which
persons may make applications to serve or
obtain information relating to service in any
capacity in or with such armed force or
relating to the manner in which persons
may travel to a foreign state for the purpose
of of serving in any capacity in or with such
armed force; or
d. Performing any other act with intention of
facilitating or promoting the recruitment of
persons to serve in any capacity in or with
such armed force.
Any person who shall voluntarily and knowingly
join any organization, association or group of
persons is proscribed, or designated by the UNSC as
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a terrorist organization, or organized for the b. designated by the United Nations Security
purpose of engaging in terrorism. Council as a terrorist organization, or
c. organized for the purpose of engaging in
8. Foreign Terrorist. - The following acts are terrorism.
unlawful:
a. For any person to travel or attempt to travel 3. Accessory. - Any person who having knowledge
to a state other than his/her state of of the commission of any of the crimes defined and
residence or nationality for the purpose of penalized without having participated therein, takes
perpetuating, planning, or preparing for, or part subsequent to its commission in any of the
participating in terrorism, or providing or following manner:
receiving terrorist training; a. by profiting himself/herself or assisting the
b. For any person to organize or facilitate the offender to profit by the effects of the crime;
travel of individuals who travel to a state b. by concealing or destroying the body of the
other than their states of residence or crime, or the effects, or instruments thereof,
nationality knowing that such travel is for in order to prevent its discovery; or
the purpose of perpetrating, planning, c. by harboring, concealing, or assisting in the
training, or preparing for, or participating in escape of the principal or conspirator of the
terrorism, or providing or receiving terrorist crime.
training; or
c. For any person residing abroad who comes No person, regardless of relationship or affinity,
to the Philippines to participate in shall be exempt from liability under this section.
perpetuating, planning, training, or
preparing for, or participating in terrorism ● Surveillance of Suspects and Interception and
or providing support for or facilitating or Recording of Communications (Sec. 16, R.A.
receiving terrorist training here or abroad. No. 11479)
● A law enforcement agent or military
9. Providing Material Support to Terrorists. - Any personnel may, upon a written order of
person who the Court of Appeals secretly wiretap,
a. provide material support to any terrorist overhear and listen to, intercept, screen,
individual or terrorist organization, read, survey, record or collect, with the
association or group of persons committing use of any mode, form, kind, or type of
any of the acts punishable, electronic, mechanical or other
b. knowing that such individual or equipment or device or technology now
organization, association, or group of known or may hereafter be known to
persons is committing or planning to science or with the use of any other
commit such acts, suitable ways and means for the above
shall be liable as principal to any and all terrorist purposes, any private communications,
activities committed by said individuals or conversation, discussion/s, data,
organizations, in addition to other criminal information, messages in whatever form,
liabilities he/she or they may have incurred in kind or nature, spoken or written words
relation thereto. a. between members of a judicially declared
and outlawed terrorist organization;
● Who are Liable (Secs. 3 (l) & (m), 14, R.A. No. b. between members of a designated person
11479) as defined in Section 3(e) of RA No. 10168;
1. Terrorist Individual shall refer to any or
natural person who commits any of the acts c. any person charged with or suspected of
defined and penalized above; committing any of the crimes defined and
2. Terrorist Organization, Association or penalized herein.
Group of Persons shall refer to any entity However, surveillance, interception and recording
a. proscribed under Section 26, or of communication between

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 a. lawyers and clients, inhumane and degrading treatment or
b. doctors and patients, punishment, as deefined in Sections 4 and
c. journalists and their sources and 5 of the “Anti-Torture Act of 2009” at any
confidential business correspondence time during the investigation or
shall not be authorized. interrogation of a detained suspected
terrorist is absolutely prohibited and shall
● Detention Without Judicial Warrant (Sec. 29, be penalized.
R.A. No. 11479) 2. Any evidence obtained from said detained
1. Any law enforcement agent or military person resulting from such treatment shall
personnel, who, having been duly be, in its entirety, inadmissible and cannot
authorized in writing by the ATC has taken be used as evidence in any judicial, quasi-
custody of a person suspected of judicial, legislative, or administrative
committing any of the acts defined and investigation, inquiry, proceeding, or
penalized under Sections 4-12 of this Acts, hearing.
shall, without incurring any criminal
liability for the delay in the delivery of B. CRIMES AGAINST THE FUNDAMENTAL
detained persons to the proper judicial LAWS OF THE STATE (ARTS. 124-133)
authorities, deliver said suspected person to
the proper judicial authority within a period
● Article 124 - Arbitrary Detention
of fourteen (14) calendar days counted from
the moment the said suspected person has
● Elements
been apprehended or arrested, detained,
1. Offender is a public officer or
and taken into custody by the law
employee;
enforcement agent or military personnel.
2. He detains a person; and
2. The period of detention may be extended to
3. Detention is without a legal ground.
a maximum period of ten (10) calendar days
Detention is without legal ground if
if it is established that
not made under the following
a. further detention of the person/s is
circumstances
necessary
a. Upon the commission of a crime;
i. to preserve evidence related to
b. Violent insanity; or
terrorism or complete the
c. Any other ailment requiring
investigation;
compulsory confinement of the
ii. to prevent the commission of
patient in a hospital (Art. 124, Par.
another terrorism; and
2, RPC)
b. the investigation is being conducted
properly and without delay.
● The crime must be committed by a public
officer or employee
3. Immediately after taking custody, the law
○ The public officers liable for
enforcement agent or military personnel shall notify
arbitrary detention must be
in writing the judge of the court nearest the place of
vested with authority to detain or
apprehension or arrest of the following facts:
order the detention of persons
a. the time, date, and manner of arrest;
accused of a crime, but when they
b. the location or locations of the detained
detain a person they have no legal
suspect/s and
grounds therefor. Such public
c. the physical and mental condition of the
officers are the policemen and
detained suspect/s.
other agents of the law, the judges
or mayors. A barangay captain
● No Torture or Coercion in Investigation and
and a municipal councilor are
Interrogation (Sec. 33, R.A. No. 11479)
public officers.
1. The use of torture and other cruel,

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 ○ If the detention is perpetrated by courts are not open to receive the
other public officers, the crime complaint or information being
committed may be illegal filed. (Boado, p. 400)
detention, because they are acting ● Waiver of Article 125
in their private capacity. (Reyes, ○ Before the complaint or
Book Two, 17th edition, p.44) information is filed, the person
● Detention, defined arrested may ask for a
○ Refers to the actual confinement preliminary investigation in
of a person in an enclosure, or in accordance with this Rule, but he
any manner detaining and must sign a waiver of the
depriving him of his liberty provisions of Article 125 of the
(People v. Flores, G.R. No. 116488, Revised Penal Code, as amended,
(2001), citing People vs. Gungon, in the presence of his counsel.
G.R. No. 119574, 1998). Notwithstanding the waiver, he
○ It can refer to both physical and may apply for bail and the
psychological restraint (People v. investigation must be terminated
Fabro, G.R. No. 208441, 1998). within fifteen (15) days from its
inception. (Sec. 7, par. 2, Rule 112,
● Article 125 - Delay in the Delivery of Revised Rules of Criminal Procedure;
Detained Persons to the Proper Judicial Reyes, Book Two, p. 59)
Authorities ● Subsequent filing of Information does not
cure the illegality of detention under
● Elements Article 125
1. Offender is a public officer or ○ The detaining officer is liable
employee; under Art. 125, even if an
2. He detains a person for some legal information was filed with the
ground (includes valid warrantless court, because a violation had
arrests); and already been committed before
3. He fails to deliver such person to the the information was filed. (Reyes,
proper judicial authorities within the Book Two, p. 60)
following periods:
a. 12 hours for light penalties ● Article 126 - Delaying Release
b. 18 hours for correctional penalties
c. 36 hours for afflictive or capital ● Elements
penalties 1. Offender is a public officer or
● Delivery, defined employee
○ "Deliver" means the filing of 2. Offender without good reason delays
correct information with the the:
proper court (or constructive a. Service of the notice of the judicial
delivery — turning over the or executive order for the release
arrestee to the jurisdiction of the of the prisoner or detention
court). The purpose is to prisoner;
determine whether the offense is b. Performance of such judicial or
bailable or not. (Boado, p. 339) executive order for the release of
● Suspension of the running of the 12-18-36 the prisoner or detention prisoner;
hours or
○ The 12-18-36 hours (for offenses c. Proceedings upon a petition for
punishable with light, the release of such person.
correctional, and capital penalties,
respectively) do not run when the ● Article 127 - Expulsion

Page 35 of 86
 those Legally Obtained
● Elements
1. Offender is a public officer or ● Elements
employee;
Mode 1 - Procuring Mode 2 - Exceeding
2. He either: Search Warrant Authority or Using
a. Expels any person from the Without Just Cause Unnecessary Severity
Philippines; or in the Execution
b. Compels a person to change
1. Offender is a public officer or employee
residence; and
3. Offender is not authorized to do so by
2. He procures a 2. He has already
law.
search warrant legally procured a
3. There is no just search warrant
● Article 128 - Violation of Domicile cause 3. He exceeds his
authority or uses
● Elements unnecessary severity
1. Offender is a public officer or in executing the
employee; same
2. He is not authorized by judicial order;
3. He performed the following acts: ● Article 130 - Searching Domicile
a. Entered the dwelling against the Without Witnesses
will of the owner;
b. Searched for papers or other ● Elements
effects therein without the 1. Offender is a public officer or
previous consent of such owner; employee;
or 2. He is armed with search warrant
c. Refused to leave the premises, legally procured;
after having surreptitiously 3. He searches the domicile, papers or
entered such dwelling and having other belongings of any person; and
been required to leave the same. 4. The owner, or any members of his
● Difference between violation of domicile family, or two witnesses residing in
under Article 128 and trespass to dwelling the same locality are not present.
under Article 280, when it comes to a ● Article 131 - Interruption and
public officer entering the dwelling Dissolution of Peaceful Meetings
against the will of the owner
○ The crime of violation of domicile ● Elements
is committed by a public officer 1. Offender is a public officer or
authorized to implement a search employee;
warrant or a warrant of arrest, but 2. He performs any of the following acts:
at the time of the incident, he is a. Prohibiting, interrupting, or
not authorized to do so by judicial dissolving, without legal ground,
order. In other words, he is not the holding of a peaceful meeting;
armed with a warrant. b. Hindering any person from:
○ If the public officer is one whose ● Joining any lawful
function does not include the duty association; or
to effect search and seizure, the ● Attending any of its
crime is trespass to dwelling. meetings
(Boado, p. 411) c. Prohibiting or hindering any
person from addressing, either
● Article 129 - Search Warrants Maliciously alone or together with others, any
Obtained and Abuse in the Service of petition to the authorities for the

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 ● Correction of abuses; or with spoiled food, animal or human
● Redress of grievances excreta and other stuff or substances
not normally eaten;
● Article 132 - Interruption of Religious 3. Electric shock;
Worship 4. Cigarette burning; burning by
electrically heated rods, hot oil, acid;
● Elements by the rubbing of pepper or other
1. Offender is a public officer or chemical substances on mucous
employee; membranes, or acids or spices directly
2. Religious ceremonies or on the wound(s);
manifestations of any religion are 5. The submersion of the head in water
about to take place or are going on; or water polluted with excrement,
and urine, vomit and/or blood until the
3. Offender prevents or disturbs the brink of suffocation;
same. 6. Being tied or forced to assume fixed
and stressful bodily position;
● Article 133 - Offending the Religious 7. Rape and sexual abuse, including the
Feelings insertion of foreign objects into the sex
organ or rectum, or electrical torture
● Elements of the genitals;
1. Acts complained of were performed: 8. Mutilation or amputation of the
a. In a Place devoted to religious essential parts of the body such as the
worship, or genitalia, ear, tongue, etc.;
b. During the celebration of any 9. Dental torture or the forced extraction
religious ceremony of the teeth;
2. The acts must be notoriously offensive 10. Pulling out of fingernails;
to the feelings of the faithful 11. Harmful exposure to the elements
● If the acts were performed in the place of such as sunlight and extreme cold;
worship, it is not necessary that there is a 12. The use of plastic bag and other
religious ceremony going. Similarly, so materials placed over the head to the
long as there is a "religious ceremony", it point of asphyxiation;
need not be celebrated in a place of 13. The use of psychoactive drugs to
worship. (Reyes, Book 2) change the perception, memory.
alertness or will of a person, such as:
1. ANTI-TORTURE ACT OF 2009 (R.A. No. (i) The administration or drugs to
9745) induce confession and/or reduce
mental competency; or
● Acts of Torture (Sec. 4, R.A. No. 9745) (ii) The use of drugs to induce extreme
a. Physical Torture is a form of treatment or pain or certain symptoms of a disease;
punishment inflicted by a person in and
authority or agent of a person in authority 14. Other analogous acts of physical
upon another in his/her custody that torture; and
causes severe pain, exhaustion, disability b. Mental/Psychological Torture refers to
or dysfunction of one or more parts of the acts committed by a person in authority or
body, such as: agent of a person in authority which are
1. Systematic beating, headbanging, calculated to affect or confuse the mind
punching, kicking, striking with and/or undermine a person's dignity and
truncheon or rifle butt or other similar morale, such as:
objects, and jumping on the stomach; 1. Blindfolding;
2. Food deprivation or forcible feeding 2. Threatening a person(s) or his/her

Page 37 of 86
 relative(s) with bodily harm, the unit concerned of the AFP or the
execution or other wrongful acts; immediate senior public official of the
3. Confinement in solitary cells or secret PNP and other law enforcement
detention places; agencies shall be held liable as a
4. Prolonged interrogation; principal to the crime of torture or
5. Preparing a prisoner for a "show trial", other cruel or inhuman and degrading
public display or public humiliation treatment or punishment for any act
of a detainee or prisoner; or omission, or negligence committed
6. Causing unscheduled transfer of a by him/her that shall have led,
person deprived of liberty from one assisted, abetted or allowed, whether
place to another, creating the belief directly or indirectly, the commission
that he/she shall be summarily thereof by his/her subordinates. If
executed; he/she has knowledge of or, owing to
7. Maltreating a member/s of a person's the circumstances at the time, should
family; have known that acts of torture or
8. Causing the torture sessions to be other cruel, inhuman and degrading
witnessed by the person's family, treatment or punishment shall be
relatives or any third party; committed, is being committed, or has
9. Denial of sleep/rest; been committed by his/her
10. Shame infliction such as stripping the subordinates or by others within
person naked, parading him/her in his/her area of responsibility and,
public places, shaving the victim's despite such knowledge, did not take
head or putting marks on his/her body preventive or corrective action either
against his/her will; before, during or immediately after its
11. Deliberately prohibiting the victim to commission, when he/she has the
communicate with any member of authority to prevent or investigate
his/her family; and allegations of torture or other cruel,
12. Other analogous acts of inhuman and degrading treatment or
mental/psychological torture. punishment but failed to prevent or
● Who Are Criminally Liable (Sec. 13, R.A. No. investigate allegations of such act,
9745) whether deliberately or due to
1. Liable as principals negligence shall also be liable as
a. Any person who actually participated principals.
in committing the act(s) of torture; 2. Liable as accessories
b. Any person who induced another in a. Any public officer or employee, if
the commission of torture or other he/she has knowledge that torture or
cruel, inhuman and degrading other cruel, inhuman and degrading
treatment or punishment; treatment or punishment is being
c. Any person who cooperated in the committed and without having
execution of the act of torture or other participated therein, either as
cruel, inhuman and degrading principal or accomplice, takes part
treatment or punishment by previous subsequent to its commission in any of
or simultaneous acts; the following manner:
d. Any superior military, police or law (a) By themselves profiting from or
enforcement officer or senior assisting the offender to profit from
government official who issued an the effects of the act of torture or other
order to any lower ranking personnel cruel, inhuman and degrading
to commit torture for whatever treatment or punishment;
purpose; (b) By concealing the act of torture or
e. The immediate commanding officer of other cruel, inhuman and degrading

Page 38 of 86
 treatment or punishment and/or
well.
destroying the effects or instruments
thereof in order to prevent its
A crime against public It used to be a crime
discovery; or order against national
(c) By harboring, concealing or security, but currently
assisting m the escape of the it is no longer a crime
principal/s in the act of torture or by virtue of R.A. No.
other cruel, inhuman and degrading 7636
treatment or punishment: Provided, (Boado, p. 420)
That the accessory acts are done with
the abuse of the official's public
Rebellion Coup d’etat
functions.

The essence is rising The essence is swift

C. CRIMES AGAINST PUBLIC ORDER (ARTS. publicly and taking up attack against the
134-160) arms against the government, its
government military camps or
installations,
● Article 134 - Rebellion or Insurrection communication
network, public
● Elements facilities, and utilities
1. There is a public uprising; essential to the
2. There must be taking of arms against continued exercise of
governmental powers
the government;
3. The purpose of the uprising or Involves a multitude of May be committed
movement is to: people singly or collectively
a. Remove from the allegiance to
Does not require that Requires as a principal
the government or its laws the
the principal offender a member of
Philippine territory or any part
participants be the AFP, PNP, or a
thereof, or any body of land, members of the AFP, public officer, with or
naval, or other armed forces; or PNP, or public officers without civilian
b. Deprive the Chief Executive or support
Congress, wholly or partially, of
The criminal objective The criminal objective
any of their powers or
is to overthrow the is to destabilize,
prerogatives.
government and the immobilize, or paralyze
offenders to establish the existing
their own government by taking
Rebellion Subversion
over such facilities and
utilities
Committed by rising Committed through
publicly and taking up affiliation or Committed through May be committed not
arms against the membership in a force and violence only through force or
Government for any of subversive violence, but also by
the purposes under Art. organization. Taking threat, intimidation,
134. up arms against the strategy, or stealth
Government is only a
circumstance which There is a crime of No crime of inciting to
raises the penalty inciting to rebellion coup d’etat
imposed. (Boado, p. 424)
Makes use of force and Does not only
violence constitute force and Rebellion Sedition
violence, but may
partake of other form as

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 The purpose is political The purpose may be Mode 1 - Conspiracy Mode 2 - Proposal to
– to overthrow the duly political or social for to Commit Coup Commit
constituted carrying out protest or d’etat, Rebellion or Coup d’etat, Rebellion
government disobedience from a Insurrection or Insurrection
governmental action
and not for the purpose 1. Two or more 1. A person has
of overthrowing the persons come to decided to swiftly
government. The act an agreement to attack or to rise
may be against a social swiftly attack or to publicly and take
class. rise publicly and arms against the
take arms against Government for
The use of firearms is The use of firearm is not the Government any of the
essential; it is an an essential ingredient for any of the purposes of
ingredient of rebellion of sedition. purposes of rebellion or
because the law rebellion or insurrection;
specifies “taking arms insurrection; 2. Such person
against the 2. They decide to proposes its
government.” commit it. execution to some
other person or
The offender cannot be R.A. No. 8294 included persons.
prosecuted for illegal sedition among the
possession of firearms crimes which absorb
because this is absorbed the use of unlicensed ● Article 137 - Disloyalty of Public
in rebellion. firearm as an element Officers or Employees
thereof.
(Boado, p. 426) ● Elements
1. Offender is a public officer or
● Article 134-A - Coup d’Etat
employee;
2. Offender commits any of the
● Elements
following acts:
1. 1. Offender is a person or persons
a. Failing to resist a rebellion by all
belonging to the military or police or
the means in their power;
holding any public office or
b. Continuing to Discharge the
employment;
duties of their offices under the
2. It is committed by means of a swift
control of the rebels;
attack accompanied by violence,
c. Accepting appointment to office
intimidation, threat, strategy or
under them.
stealth;
3. The attack is directed against the duly
constituted authorities of the Republic
● Article 138 - Inciting to Rebellion or
of the Philippines, or any military
Insurrection
camp or installation, communication
networks, public utilities or other
● Elements
facilities needed for the exercise and
1. Offender does not take arms or is not
continued possession of power; and
in open hostility against the
4. The purpose of the attack is to seize or
government;
diminish state power.
2. He incites others to the execution of
any of the acts of rebellion;
● Article 136 - Conspiracy and Proposal to
3. The inciting is done by means of
Commit Coup d’état, Rebellion or
speeches, proclamations, writings,
Insurrection
emblems, banners or other
representations tending to the same
● Elements
end.

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 publicly and tumultuously to attain
● Article 139 - Sedition any of the objects of sedition;
2. They decide to commit it.
● Elements
1. Offenders rise publicly and ● Article 142 - Inciting to Sedition
tumultuously; ● Elements
2. Offenders employ force, intimidation,
Mode 1 - Inciting Mode 2 - Uttering
or other means outside of legal others to the seditious words or
methods; accomplishment of speeches which tend
3. Purpose is to attain any of the any of the acts which to disturb the public
following objects: constitute sedition by peace
a. To prevent the promulgation or means of speeches,
proclamations, Mode 3 - Writing,
execution of any law or the
writings, emblems, publishing, or
holding of any popular election;
etc. circulating scurrilous
b. To prevent the national libels against the
government or any provincial or government or any of
municipal government or any the duly constituted
public officer from Exercising its authorities thereof,
or his functions, or prevent the which tend to disturb
the public peace
execution of an administrative
order; 1. Offender does not 1. Offender does not
c. To inflict any act of hate or take direct part in take any direct part
revenge upon the person or the crime of in the crime of
property of any public officer or sedition; sedition.
2. He incites others to 2. He uttered words
employee;
the or speeches and
d. To commit, for any political or
accomplishment of writing, publishing
social end, any act of hate or any of the acts or circulating
revenge against private persons which constitute scurrilous libels
or any social classes; or sedition; that:
e. To despoil for any political or 3. The inciting is done a. Tend to disturb
socialend, any person, by means of or obstruct any
speeches, lawful officer
municipality or province, or the
proclamations, in conducting
national government of all its writings, emblems, the functions of
property or any part thereof. cartoons, banners, his office;
or other b. Tend to
● Article 140 - Penalty for Sedition representations instigate others
tending towards to cabal and
the same end. meet together
The leader of a sedition shall suffer the penalty of
for unlawful
prision mayor in its minimum period and a fine
purposes;
not exceeding 10,000 pesos. c. Suggest or
Other persons participating therein shall suffer the incite
penalty of prision correccional in its maximum rebellious
period and a fine not exceeding 5,000 pesos. conspiracies or
(Reinstated by E.O. No. 187) riots; or
d. Lead or tend to
stir up the
● Article 141 - Conspiracy to Commit
people against
Sedition the lawful
● Elements authorities or
1. Two or more persons come to an to disturb the
agreement and a decision to rise peace of the

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 community, committees or punishable under the
the safety and subcommittees, Code by a penalty
order of the constitutional higher than prision
government commissions or mayor
committees or
divisions thereof, or
● Article 143 - Acts Tending to Prevent the
from expressing his
Meeting of the Assembly and Similar opinion or casting his
Bodies vote

1. Offender uses 1. Offender is a public

● Elements
force, intimidation, officer of employee;
1. There is a projected or actual meeting
threats or fraud; 2. He arrests or
of Congress or any of its committees 2. The purpose of the searches any
or subcommittees, constitutional offender is to member of
committees or divisions thereof, or of prevent any Congress;
any provincial board or city or member of 3. Congress, at the
municipal council or board; Congress from: time of arrest or
a. Attending the search, is in regular
2. Offender, who may be any person,
meetings of or special session;
prevents such meetings by:
the Congress 4. The member
a. Force; or or of any of its arrested or
b. b. Fraud committees or searched has not
constitutional committed a crime
● Article 144 - Disturbance of Proceedings commissions; punishable under
b. Expressing his the Code by a
opinion; or penalty higher than
● Elements
c. Casting his prision mayor.
1. There is a meeting of Congress or any vote.
of its committees or subcommittees,
constitutional commissions or
● Article 146 - Illegal Assemblies
committees or divisions thereof, or of
any provincial board or city or
● Elements
municipal council or board;
2. Offender does any of the following Mode 1 - For the Mode 2 - Audience is
acts: purpose of committing incited to the
a. He Disturbs any of such meetings; any of the crimes commission of the
punishable under the crime of treason,
b. He behaves while the presence of
Code. rebellion or
any such bodies in such a manner insurrection, sedition,
as to interrupt its proceedings or or direct assault
to impair the respect due it.
1. There is a Meeting, a gathering or group of
persons, whether in a fixed place or moving;
● Article 145 - Violation of Parliamentary
Immunity 2. Meeting is 2. Meeting is
attended by armed attended by Any
● Elements persons persons, whether
3. Purpose of the armed or not;
Mode 1 - Using force, Mode 2 - Arresting or meeting is to 3. Audience is
intimidation, threats, searching any member commit any of the incited to the
or frauds to prevent thereof while crimes punishable commission of the
any member of Congress is in regular under the Code. crime of treason,
Congress from or special session, rebellion or
attending the except in case such insurrection, sedition
meetings of Congress member has or direct assault.
or of any of its committed a crime

Page 42 of 86
 ● Article 147 - Illegal Associations the victim of any of the Forms of direct
assault defined in Article 148;
● The following are illegal associations - 2. A person comes to the aid of such
Associations totally or partially organized authority or his agent; and
for: 3. Offender makes use of force or
1. The purpose of committing any of the intimidation upon such person
Crimes punishable under the Code; coming to the aid of the authority or
2. Some purpose contrary to public his agent.
morals.
● Article 150 - Disobedience to summons
● Article 148 - Direct Assaults issued by the National Assembly, its
Committees or Subcommittees, or
● Elements divisions

Mode 1 - For the Mode 2 - Acts against

attainment of any of any person in ● Acts punishable
the purposes of authority or any of his 1. By refusing, without legal excuse, to
rebellion and sedition agents obey summons of Congress, its special
or standing committees and
1. Offender employs 1. Offender makes an
Constitutional its committees,
force or attack, employs
subcommittees or divisions, or by any
intimidation force, makes a
2. The aim of the serious commission or committee chairman or
offender is to attain intimidation, or member subcommittees,
any of the purposes makes a serious Commissions and authorized to
of the crime of resistance summon witnesses;
rebellion or any of 2. The person
2. By refusing to be sworn or placed
the objects of the assaulted is a
under affirmation while being before
crime of sedition person in authority
or his agent; such legislative or constitutional body
3. At the time of the or official;
assault, the person 3. By refusing to answer any legal
in authority or his inquiry or to produce any books,
agent is engaged in papers, documents, or records in his
the actual
possession, when required by them to
performance of
do so in the exercise of their functions;
official duties, or
that he is assaulted 4. By restraining another from attending
by reason of the as a witness in such legislative or
past performance constitutional body;
of official duties 5. By inducing disobedience to a
4. Offender Knows summons or refusal to be sworn by
that the one he is
any such body or official.
assaulting is a
person in authority
or his agent in the ● Article 151 - Resistance and
exercise of his Disobedience to a Person in Authority or
duties the Agents of Such Person
● Elements
There is no uprising
Mode 1 - Resistance Mode 2 - Simple
and Serious Disobedience
● Article 149 - Indirect Assaults Disobedience

1. A person in 1. An agent of a
● Elements authority or his person in authority
1. A person in authority or his agent is

Page 43 of 86
 ● Article 153 - Tumults and Other
agent is engaged in is engaged in the
the performance of performance of Disturbances of Public Order
official duty or official duty or
gives a lawful order gives a lawful order ● Modes
to the offender to the offender ○ Mode 1: Causing any serious
2. Offender resists or 2. Disobeys such disturbance in a public place,
seriously disobeys agent of a person in
office or establishment.
such person in authority
○ Mode 2: Interrupting or
authority or his 3. Such disobedience
agent is not of a serious disturbing performances,
3. The act of the nature. functions or gatherings, or
offender is not peaceful meetings, if the act is not
included in the included in Arts. 131 (prohibition,
provision of interruption and dissolution of
Articles 148, 149
peaceful meetings) and 132
and 150
(interruption of religious
worship).
● Article 152 - Persons in Authority and ○ Mode 3: Making any outcry
Agents of Persons in Authority tending to incite rebellion or
sedition in any meeting,
● Persons in Authority are persons, whether association or public place.
an individual or as a member of some ○ Mode 4: Displaying placards or
court or government corporation, directly emblems which provoke a
vested with jurisdiction, power and disturbance of public order in
authority to govern and execute the laws. such place;
● Examples: ○ Mode 5: Burying with pomp the
○ Barrio captain body of a person who has been
○ Barangay chairman legally executed.
○ Municipal mayor
○ President of sanitary division
● Article 154 - Unlawful Use of Means of
○ Provincial fiscal Publication and Unlawful Utterances
○ Teachers and professors ● Modes
○ Those charged with the ○ Mode 1: Publishing or causing to
supervision of public or duly be published, by means of
recognized private schools, printing, lithography or any other
colleges and universities means of publication, as news any
● Agent of Person in Authority are persons false news which may endanger
charged with: (1) the maintenance of the public order, or cause damage
public order, and (2) the protection and to the interest or credit of the State
security of life and property. ○ Mode 2: Encouraging
● Examples: disobedience to the law or to the
○ Barrio Captain constituted authorities or
○ Barrio Councilman praising, justifying or extolling
○ Barrio Policeman any act punished by law, by the
○ Barangay Leader same means or by words,
○ Any person who comes to the aid utterances or speeches
of a person in authority ○ Mode 3: Maliciously publishing or
causing to be published any
official document or resolution
without proper authority, or
before they have been published

Page 44 of 86
 officially
As to the Offender
○ Mode 4: Printing, publishing or
distributing (or causing the same) Convicted by Convicted by Convict who
books, pamphlets, periodicals, or final judgment final judgment was granted
leaflets which do not bear the real and is and is conditional
deprived of confined in a pardon
printer’s name, or which are
liberty (need penal
classified as anonymous
not be institution
confined. e.g.,
● Article 155 - Alarms and Scandals destierro)

● Modes As to Circumstances Surrounding the Evasion

○ Mode 1: Discharging any firearm,

Escapes Escapes Violated the
rocket, firecracker, or other during the during the terms of his
explosive within any town or term of his occasion of conditional
public place, calculated to cause imprisonment disorders, pardon
(which produces) alarm or danger conflagrations
, earthquakes,
○ Mode 2: Instigating or taking an
or other
active part in any charivari or
calamities
other disorderly meeting
offensive to another or prejudicial
● Article 160 - Commission of another
to public tranquility
crime during service of penalty imposed
○ Mode 3: Disturbing the public
for another previous offense - Penalty
peace while wandering about at
night or while engaged in any
other nocturnal amusements ● Elements

○ Mode 4: Causing any 1. Offender was already convicted by

disturbances or scandal in public final judgment of one offense;

places while intoxicated or 2. He committed a new felony before

otherwise, provided Art. 153 beginning to serve such sentence or

(tumults and other disturbances while serving the same.

of public order) is not applicable.

1. COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT (R.A.
● Article 156 - Delivering Prisoners from
Jail No. 10591)

● Elements ● Rules governing the special aggravating

1. There is a person confined in a jail or circumstance of using a loose firearm

penal establishment; and during the commission of a crime

1. To be considered as an aggravating
2. Offender removes therefrom such
person or helps the escape of such circumstance – if the use of a loose

person. firearm is inherent in the commission of

a crime punishable under the RPC or
other special law (Sec. 29(1), R.A. No.
● Articles 157, 158, and 159
10591)
- If the crime committed is penalized
Evasion of Evasion of Other Cases with a maximum penalty lower than
Service of Service of of Evasion
that prescribed for illegal possession of
Sentence (Art. Sentence on (Art. 159)
firearm – penalty for illegal possession
157) the Occasion
of Calamities of firearm shall instead be imposed.
(Art. 158) - If the crime committed is penalized by

Page 45 of 86
 the law with a maximum penalty equal Uttering False Coins
to that imposed for illegal possession of
firearms – penalty of prision mayor in ● Elements
its minimum period shall be imposed in 1. There be false or counterfeited coins;
addition to the penalty for the crime 2. Offender either made, imported or
committed. uttered some coins; and
2. To be absorbed as an element of the 3. In case of uttering such false or
crime – if the violation is in furtherance counterfeited coins, he connived with
of, or incident to, or in connection with the counterfeiters or importers.
the crime of rebellion, insurrection, or
attempted coup d’ etat, such violation ● Article 164 - Mutilation of Coins
shall be absorbed as an element of the
said crimes (Sec. 29(2), R.A. No. 10591) ● Acts Punished:
3. To be considered as a separate and 1. Mutilating coins of the legal currency;
distinct offense – If the crime is or
committed by the person without using 2. Importing or uttering such mutilated
the loose firearm, the violation of this coins.
Act shall be considered as a distinct and ● Elements of Mutilation
separate offense (Sec. 29(3), R.A. No. 1. Coin mutilated is of legal tender; and
10591) 2. Offender gains from the precious metal
dust abstracted from the coin.
D. CRIMES AGAINST PUBLIC INTEREST ● Elements of Importing or Uttering
(ARTS. 161-187) Mutilated Coins
1. Offender imported or uttered mutilated
coins; and
● Article 161 - Counterfeiting the Great Seal
2. In case of uttering, the offender must
of the Government of the Philippine
have connived with the mutilator or
Islands, Forging the Signature or Stamp of
importer.
the Chief Executive

● Article 165 - Selling of False or Mutilated

● Acts punished - Forging the:
Coin, without Connivance
1. The great seal of the Government of the
Philippines;
● Elements
2. Signature of the President; or
3. Stamp of the President. Mode 1 - Possession of Mode 2 - Actually
mutilated by another uttering such false or
person, with intent to mutilated coin,
● Article 162 - Using Forged Signature or
utter the same, knowing the same to
Counterfeit Seal or Stamp
knowing that it is be false or mutilated
false or mutilated
● Elements
1. The Great Seal of the Republic was 1. Possession of 1. Actually uttering
counterfeited or such false or
counterfeited or the signature or stamp
mutilated coin; mutilated coin; and
of the Chief Executive was forged by
2. With intent to utter; 2. With knowledge of
another person; and such defect/s.
2. Offender knew of the counterfeiting or 3. With knowledge of
forgery; and such defect/s.
3. He used the counterfeit seal or forged
signature or stamp. ● Article 166 - Forging Treasury or Bank
Notes or Other Documents Payable to
● Article 163 - Making and Importing and Bearer; Importing and Uttering Such False

Page 46 of 86
 or Forged Notes and Documents ● Acts Punished
1. By giving to a treasury or bank note or
● Elements any instrument payable to bearer or to
1. There is an instrument payable to order mentioned therein, the
bearer; and appearance of a true and genuine
2. The offender commits any of the document; or
following acts: 2. By erasing, substituting, counterfeiting,
a. Forged or falsified a treasury or or altering by any means the figures,
bank note or a document payable letters, words, or sign contained therein.
to bearer;
b. Imported such false or forged ● Article 170 - Falsification of Legislative
obligations or notes; or Documents
c. Uttered such false or forged
obligations or notes in connivance ● Elements
with the forgers or importers. 1. There is a bill, resolution or ordinance
enacted or approved or pending
● Article 167 - Counterfeiting, Importing, approval by either House of the
and Uttering Instruments Not Payable to Legislature or any provincial board or
Bearer municipal council;
2. Offender alters the same;
● Elements 3. He has no proper authority; and
1. There is an instrument payable to order 4. Alteration has changed the meaning of
or other document of credit not payable the documents.
to bearer;
2. Offender either forged, imported or ● Article 171 - Falsification byPublic
uttered such instrument; and Officer, Employee or Notary or
3. In case of uttering, he connived with the Ecclesiastical Minister
forger or importer.
● Elements
● Article 168 - Illegal Possession and Use of 1. Offender is a Public officer, employee,
False Treasury or Bank Notes and Other or notary public;
Instruments of Credit 2. He takes Advantage of his official
position; and
● Elements 3. He falsifies a document by committing
1. Any treasury or bank Note or certificate any of the following acts:
or other obligation and security: a. Counterfeiting or imitating any
a. There is an instrument payable to handwriting, signature or rubric;
bearer, to order or other document b. Causing it to appear that persons
of credit not payable to bearer; have participated in any act or
b. Said instrument is forged or proceeding when they did not in
falsified by another person; fact so participate;
2. Offender knows that any of those c. Attributing to persons who have
instruments is forged or falsified; and participated in an act or
3. He either: proceeding statements other than
a. Uses any of such forged or falsified those in fact made by them;
instruments; or d. Making untruthful statements in a
b. Possesses the same, with intent to narration of facts;
use. e. Altering true dates;
● Article 169 - How Forgery is Committed f. Making any alteration or
intercalation in a genuine

Page 47 of 86
 document which changes its
public, docu evidence
meaning official, or ment in any
g. Issuing in an authenticated form: commerci when judicial
● A document purporting to be al no proceedin
a copy of an original document document such g.
when no such original exists, or letter of origin
exchange. al Elements in
or
exists, use in any
● Including in such a copy a
or other
statement contrary to, or b. Includ transaction
different from, that of the ing in 1. Offender
genuine original; and such a knew that
h. Intercalating any instrument or copy a a
note relative to the issuance statem document
ent was
thereof in a protocol, registry, or
contra falsified
official book. ry to, by another
or person;
● Article 172 - Falsification by Private differe 2. False
Individual and Use of Falsified nt document
Documents from, is
that of embraced
the in Articles
● Elements
genui 171 or 172
Mode 1 - Mode 2 - Mode 3 - Use ne (1 or 2);
Falsification Falsification of falsified origin 3. He used
of public, of private document al; such
official or document by 2. Falsificatio document;
commercial any person n was and
document by committed 4. The use
a private in any caused
individual private damage to
document; another or
1. Offender 1. Offender Elements in and at least
is a committed introducing in 3. Falsificatio used with
private any of the a judicial n causes intent to
individual acts of proceeding damage to cause
or public Falsificatio 1. Offender a third damage.
officer or n except knew that party or at
employee Article the least the
who did 171(7), document falsificatio
not take that is: was n was
advantage a. Issuin falsified committed
of his g in an by another with
official authe person; intent to
position; nticate 2. The false cause such
2. He d form document damage.
committed a is in
any act of docu Articles
● Article 173 - Falsification of Wireless,
Falsificatio ment 171 or 172
n (Art. purpo (1 or 2); Cable, Telegraph and Telephone
171); and rting and Messages, and Use of Said Falsified
3. The to be a 3. He Messages
falsificatio copy introduce
n was of an d said
● Elements
committed origin document
in a al in

Page 48 of 86
 ● Article 174 - False Medical Certificates,
Mode 1 - Mode 2 - Mode 3 -
Uttering Falsifying Using such False Certificates of Merits of Service, Etc.
fictitious wireless, falsified
wireless, telegraph or message ● Persons Liable
telegraph or telephone 1. Physician or surgeon - issues a false
telephone message certificate in connection with the
message
practice of his profession (it must refer
1. Offender 1. Offender 1. Offender to the illness or injury of a person);
is an is an knew that 2. Public officer - issues a false certificate
officer or officer or wireless, of merit of service, good conduct or
employee employee cable, similar circumstances; or
of the of the telegraph,
3. Private person - falsifies a certificate
governme governme or
falling within the classes mentioned in
nt or an nt or an telephone
officer or officer or message the two preceding subdivisions.
employee employee was
of a of a falsified by ● Article 175 - Using False Certificates
private private an officer
corporatio corporatio or ● Elements
n, engaged n, engaged employee
1. False certificate was issued by the
in the in the of the
following:
service of service of governme
sending or sending or nt or an a. Physician or surgeon issues a false
receiving receiving officer or medical certificate, in connection
wireless, wireless, employee with the practice of his profession;
cable or cable or of a b. Public officer issues a false
telephone telephone private certificate of merit of service, good
message; message; corporatio
conduct or similar circumstances;
and and n engaged
2. He utters 2. He in the c. Private person falsifies a certificate
fictitious falsifies service of falling within the 2 preceding
wireless, wireless, sending or subdivisions.
cable, cable, receiving 2. Offender knows that the certificate was
telegraph telegraph wireless, false; and
or or cable or
3. He uses the same.
telephone telephone telephone
message. message. message;
2. He used ● Article 176 - Manufacturing and
such Possession of Instruments or Implements
falsified for Falsification
dispatch;
and ● Acts Punished
3. The use
1. Making or introducing into the
resulted in
the Philippines any stamps, dies, marks, or
prejudice other instruments or implements for
of a third counterfeiting or falsification; or
party or at 2. Possession with intent to use the
least there instruments or implements for
was intent
counterfeiting or falsification made in
to cause
or introduced into the Philippines by
such
prejudice. another person.

● Article 177 - Usurpation of Authority or

Official Functions

Page 49 of 86
 class of persons of which he is not a
● Elements member;
3. Said insignia, uniform or dress is used
Mode 1 - Usurpation Mode 2 - Usurpation
of Authority (no of Official Functions publicly and improperly.
connection with the (excess of authority) ● Is an exact imitation of a uniform or dress
office represented) necessary for the crime of illegal use of
uniforms or insignia under Article 179 of the
1. Offender 1. Offender Performs
RPC?
knowingly and any act;
falsely represents 2. Act pertains to any ○ To bring a culprit within the
himself; person in authority coverage of Article 179 of the
2. As an officer, agent or public officer of Revised Penal Code, on the illegal
or representative of the Philippine use of uniforms and insignia, an
any department or government or any exact imitation of a uniform is
agency of the foreign
unnecessary. A colorable
Philippine government, or any
resemblance calculated to deceive
government or of agency thereof;
any foreign 3. Under pretense of the common run of people — not
government. official position; those thoroughly familiar with
4. Without being every detail or accessory thereof —
lawfully entitled to is sufficient. (People v. Romero, C.A.,
do so. 58 O.G. 4402; Reyes, Book Two, p. 263)

● Article 178 - Using Fictitious and ● Article 180 - False Testimony Against a
Concealing True Name Defendant

● Elements
Using Fictitious Name Concealing True
Name 1. There is a criminal proceeding;
2. Offender testifies falsely under oath
The element of The element of against the defendant therein;
publicity must be publicity is not 3. Offender knows that it is false; and
present (he uses the necessary
4. Defendant against whom the false
fictitious name
publicly) testimony is given is either acquitted or
convicted in a final judgment.
The purpose is to The purpose is merely
conceal a crime, to to conceal identity ● Article 181 - False Testimony Favorable to
evade the execution of a
the Defendant
judgment, or to cause
damage to public
interest. ● Elements
1. A person gives false testimony;
(Reyes, Book Two, p. 261)
2. In favor of the defendant;
3. In a criminal case.

● Article 179 - Illegal Use of Uniforms and

● Article 182 - False Testimony in Civil
Insignia
Cases

● Elements
● Elements
1. Offender makes use of insignia,
1. False testimony is given in a civil case;
uniforms or dress;
2. Testimony relates to the issues
2. The insignia, uniforms or dress pertains
presented in said case;
to an office not held by such person or a
3. Offender knows that testimony is false;

Page 50 of 86
 4. Testimony is malicious; and
5. It was given with an intent to affect the
issues in said case.
● Article 183 - False Testimony in Other
Cases and Perjury inSolemn Affirmation
signed into law on July 21, 2015.
● Article 187 - Importation and Disposition
of Falsely Marked Articles or Merchandise
Made of Gold, Silver, or other Precious
Metals or their Alloys

● Acts Punished ● Elements

1. Falsely testifying under oath; or 1. Offender imports, sells or disposes of
2. Making a false affidavit. any of those articles or merchandise (i.e.
gold, silver, other precious metals or
their alloys);
● Article 184 - Offering False Testimony in 2. The stamps, brands, or marks of those
Evidence articles of merchandise fail to indicate
the actual fineness or quality of said
● Elements metals or alloys; and
1. Offender offers in evidence a false 3. Offender knows of such failure to
witness or testimony; indicate the actual fineness or quality of
2. He knows that the witness or the the metals or alloys.
testimony was false; and
3. The offer was made in any judicial or E. CRIMES RELATIVE TO OPIUM AND
official proceeding. OTHER PROHIBITED DRUGS

● Article 185 - Machinations in Public

1. COMPREHENSIVE DANGEROUS DRUGS
Auctions
ACT OF 2002 [R.A. No. 9165, AS AMENDED
● Elements
BY R.A. No. 10640; SECTION 21 OF THE IRR
Mode 1 - Soliciting Mode 2 - Attempting ONLY]
Gifts or Promises to cause bidders to
stay away by threats,
● Chain of Custody, Defined
gifts, promises or any
○ It refers to the duly recorded
other artifice
authorized movements and
1. There is a public auction custody of seized drugs or
controlled chemicals or plant
2. Offender solicits any 2. Offender Attempts sources of dangerous drugs or
gift or a promise from to cause the bidders to laboratory equipment of each stage,
any of the bidders stay away from that from the time of
3. Such gift or promise public auction
seizure/confiscation to receipt in the
is the consideration for 3. It is done by threats,
forensic laboratory to safekeeping
his refraining from gifts, promises or any
taking part in that other artifice to presentation in court for
public auction destruction. Such record of
movements and custody of seized
item shall include the identity and
4. . Offender has the intent to cause the reduction
signature of the person who held
of the price of the thing auctioned.
temporary custody of the seized
item, the date and time when such
● Article 186 - Monopolies and
transfer of custody were made in
Combinations in Restraint of Trade
the course of safekeeping and use in
court as evidence, and the final
● This article has been repealed by the
disposition. (Section 1(b) of
Philippine Competition Act, which was

Page 51 of 86
 Dangerous Drugs Board Regulation of the following:
No. 1, Series of 2002) a. Accused or representative or
counsel; and
● Procedure of Chain of Custody - PDEA shall b. Representative from:
take charge and have custody of all i. Media;
dangerous drugs, plant sources of DDs, CPs ii. DOJ,
and ECs, as well as iii. Civil society groups; and
instruments/paraphernalia and/or iv. Any elected public official.
laboratory equipment confiscated, seized 8. Sworn certification shall be issued by
and/or surrendered, for proper disposition the Dangerous Drugs Board, as to the
in the following manner: fact of destruction or burning of the
1. Apprehending team having initial items. A representative sample,
custody shall conduct a physical however, shall be submitted to the court
inventory of the seized items and having jurisdiction over the case.
photograph the same in: 9. After the promulgation and judgment
a. The presence of the accused or the in the criminal case, the representative
person/s from whom such items sample, with leave of court and after
were confiscated and/or seized; or informing the board of the termination
b. His/her representative or of the case, the prosecutor shall request
counsel,with: the turn over of the representative
i. An elected public official; AND sample to the P.D. No.EA for proper
ii. Representative of the National disposition and destruction within 24
Prosecution Service OR the media hours from receipt.
who shall be required to sign the
copies of the inventory and be given ● Four (4) Links in the Chain of Custody
a copy thereof. 1. The seizure and marking, if practicable,
2. Place of Conducting Inventory and of the illegal drug recovered from the
Photograph accused by the apprehending officer;
a. Place where the search warrant is 2. The turnover of the seized illegal drug
served; or by the apprehending officer to the
b. Nearest police station; or investigating officer;
c. Nearest office of the apprehending 3. The turnover of the illegal drug by the
officer/team, whichever is investigating officer to the forensic
practicable. chemist for laboratory examination; and
3. Submit items confiscated within 24 4. The turnover and submission of the
hours to the P.D. No.EA Forensic illegal drug from the forensic chemist to
Laboratory for a qualitative or the court. (People v. Ismael, G.R. No.
quantitative examination; 208093, 20 February 2017)
4. Certification of the forensic laboratory
examination results, shall be issued ● In order to weed out early on from the
immediately upon the receipt of the courts' already congested docket any
subject item/s. orchestrated or poorly built up drug-related
5. Filing of a criminal case in court. cases, the following should henceforth be
6. After the filing, the Court shall, within enforced as a mandatory policy:
72 hours, conduct an ocular Inspection ○ In the sworn statements/affidavits,
of the confiscated, seized and/or the apprehending/seizing officers
surrendered items. must state their compliance with
7. P.D. No.EA, within 24 hours, shall the requirements of Section 21 (1) of
thereafter proceed with the destruction R.A. No. 9165, as amended, and its
or burning of the items, in the presence IRR.

Page 52 of 86
 ○ In case of non-observance of the No. 9165 cases was declared
provision, the unconstitutional by the SC in the
apprehending/seizing officers must case of Estipona Jr v. Hon. Lobrigo,
state the justification or explanation G.R. No. 226679, 15 August 2017.
therefor as well as the steps they
have taken in order to preserve the F. CRIMES AGAINST PUBLIC MORALS
integrity and evidentiary value of (ARTS. 200-202)
the seized/confiscated items.
○ If there is no justification or
● Gambling, Defined
explanation expressly declared in
○ Gambling is any game or scheme,
the sworn statements or affidavits,
whether upon chance or skill,
the investigating fiscal must not
wherein wagers consisting of
immediately file the case before the
money, articles or value or
court. Instead, he or she must refer
representative of value are at stake
the case for further preliminary
or made. (Reyes, Book Two, p. 339)
investigation in order to determine
the (non) existence of probable
● Elements of Lottery
cause.
1. Consideration;
○ If the investigating fiscal filed the
2. Chance; and
case despite such absence, the court
3. Prize. (El Debate v. Topacio, G.R. No. L-
may exercise its discretion to either
19982, 29 December 1922)
refuse to issue a commitment order
(or warrant of arrest) or dismiss the
● As a method to advertise their new soda
case outright for lack of probable
brand, the defendant company placed a
cause in accordance with Section 5,
unique crown (tanzan) on one of every one-
Rule 112, Rules of Court. (People v.
thousand bottles of soda they produce. Such
Lim, G.R. No. 231989, 4 September
unique crown can be presented and
2018)
exchanged for electrical appliances from the
company. The defendant sold their soda
● Elements of Illegal Possession of Dangerous
bottles to the public at regular market price.
Drugs
Is the defendant liable for operating a lottery
1. The accused is in possession of an item
under P.D. No. 1602?
or object, which is identified to be
○ No. The word "lottery" is found in
prohibited or regulated drug;
the statute in conjunction with
2. Such possession is not authorized by
monte, jueteng, policy and banking
law; and
or percentage games. These words
3. The accused freely and consciously
and phrases deal exclusively with
possessed the drug.
what the statute defines as
gambling games or operations -
● Jurisprudence is consistent in that mere
those in which the player pays
possession of a prohibited drug constitutes
something for a naked chance to
prima facie evidence of knowledge or
win. They do not refer to schemes,
animus possidendi sufficient to convict an
such as the one presented by this
accused in the absence of any satisfactory
case, in which the player, if we may
explanation. (People v. Trinidad, G.R. No.
call him such, obtains full value for
199898, September 3, 2014)
his money; and in which the
opportunity to obtain more than his
● Plea Bargaining in Drugs Cases
money's worth is a mere incident.
○ Section 23 of R.A. No. 9165 which
The player loses nothing by virtue
prohibits plea bargaining for R.A.

Page 53 of 86
 of his failure to win the prize; while
the playing of the scheme does not
result in giving the operator an
opportunity to obtain the player's
money without giving therefor a
consideration which law and justice
recognize not only as valuable but
as adequate also. (US v. Olsen, G.R.
No. L-11602, 6 March 1917)
● Spectators in an illegal cockfight are not
liable for illegal cockfighting
○ The Cockfighting Law of 1974 does
not punish a person attending as a
spectator in a cockfight. To be liable,
he must participate in the cockfight
as a bettor.
1. ANTI-GAMBLING ACT (P.D. No. 1602, AS
AMENDED BY R.A. No. 9287)
● Illegal Numbers Game, Defined
○ Any form of illegal gambling
activity which uses numbers or
combinations thereof as factors in
giving out jackpots. (Sec. 2(a), R.A.
No. 9287)
● The law punishes any person who
participates in any illegal numbers game
who:
1. Acts as a bettor;
2. Acts as a personnel or staff of an illegal
numbers game operation;
3. Allows his vehicle, house, building or
land to be used in the operation of the
illegal numbers games;
4. Acts as a collector or agent;
5. Acts as a coordinator, controller or
supervisor;
6. Acts as a maintainer, manager or
operator;
7. Acts as a financier or capitalist; and
8. Acts as protector or coddler.
G. CRIMES COMMITTED BY PUBLIC
OFFICERS (ARTS. 203-245)
● To be a public officer, one must be:
○ Taking part in the performance of
public functions in the
Government; or
○ Shall perform in the said
Government or any of its branches
public duties as an employee, agent,
or subordinate official, of any rank
or class.
● A public officer’s authority to take part in
the performance of public functions or to
perform public duties must be:
○ By direct provision of law;
○ By popular election; or
○ By appointment by a competent
authority. (Art. 203, RPC)
● For the purposes of the Penal Code, it
obliterates the standard distinction in the
law of public officers between “officer” and
“employee”.
● A government laborer is not a public officer,
but the temporary performance of public
functions by a laborer makes him a public
officer (Maniego v. People, GR No. L-2971, 20
April 1951). In this case, while the accused is
a laborer in the Bureau of Posts, the Acting
Director appointed him as a sorter and filer
of money orders, which is a public function.
● Unjust judgement under Art. 204 of the RPC
○ An unjust judgment is one which is
contrary to law, or is not supported
by the evidence, or both. (Reyes,
Book Two, p. 375)
○ Bad faith is the ground of liability
under this article. There is no
liability at all for a mere error. To
hold a judge liable, there must be
evidence that the judge knew that
the judgment is unjust. (see Heirs of
Yasin v. Felix, AM No. RTJ-94-1167, 4
December 1995)
● Members of collegiate courts cannot be held
liable under Art. 204 of the RPC
○ The provisions of Article 204 of the
Revised Penal Code as to
"rendering knowingly unjust
Page 54 of 86
 judgment" refer to an individual
judge who does so "in any case ● Direct Bribery and Indirect Bribery,
submitted to him for decision". The Differentiated
said penal article has no application
Direct Bribery Indirect Bribery
to the members of a collegiate court
such as the Supreme Court or its Public officer receives a Public officer receives a
Divisions who reach their gift, present, offer, or gift
conclusions in consultation and promise
accordingly render their collective
judgment after due deliberation. There is an agreement He accepts a gift
(see In the Matter of Proceedings for between the public
Disciplinary Action Against Atty. officer and the person
Laureta, G.R. No. L-68635, 12 March making the bribe
1987)
The public officer The gift was offered to
agrees to perform or him by the reason of his
● Misfeasance, Malfeasance, and refrain from office
Nonfeasance, Differentiated performing an act

Misfeasance Malfeasance Nonfeasance

Misfeasance is Malfeasance is Nonfeasance is ● The public officer’s acceptance of a promise

the improper the the omission of of gifts made to him by reason of his office
performance performance some act
is not punishable. There is no attempted or
of some act of some act which ought to
frustrated indirect bribery, as the crime is
which might which out not be performed.
lawfully be to be done. It It includes the consummated by accepting the gift. (Reyes,
done. It includes the crimes of: Book Two, p. 393)
includes the crime of: a. Derelictio
crimes of: a. Direct n of duty ● Malversation under Article 217 and
a. Knowingl bribery; in Technical Malversation under Article 220,
y and prosecuti
Differentiated
rendering b. Indirect on of
unjust bribery offenses Malversation under Technical
judgment (Art. 208) Art. 217 Malversation under
(Art. 204); Art. 220
b. Renderin
g Public officer is The public officer has
judgment entrusted with public under his
through funds in his official administration a public
negligenc capacity fund or property that is
e (Art. appropriated by law or
205); ordinance
c. Renderin
g unjust Public officer may or The public funds or
interlocut may not property were devoted
ory order misappropriate the to some other public
(Art. 206); funds for personal gain use.
and
d. Malicious
When malversation is The offense is mala
delay in
not committed through prohibita, and does not
the
negligence, lack of require criminal intent.
administr
criminal intent or good
ation of
faith is a defense.
justice
(Art. 207).

Page 55 of 86
1. ANTI-GRAFT AND CORRUPT PRACTICES 6. Neglecting or refusing, after due demand or
ACT (R.A. No. 3019, AS AMENDED) request, without sufficient justification, to
act within a reasonable time on any matter
● Corrupt Practices of Public Officers (Sec. 3, pending before him for the purpose of
R.A. No. 3019) obtaining, directly or indirectly, from any
1. Persuading, inducing or influencing person interested in the matter some
another public officer to perform an act pecuniary or material benefit or advantage,
constituting a violation of rules and or for the purpose of favoring his own
regulations duly promulgated by interest or giving undue advantage in favor
competent authority or an offense in of or discriminating against any other
connection with the official duties of the interested party.
latter, or allowing himself to be persuaded, 7. Entering, on behalf of the Government, into
induced, or influenced to commit such any contract or transaction manifestly and
violation or offense. grossly disadvantageous to the same,
2. Directly or indirectly requesting or whether or not the public officer profited or
receiving any gift, present, share, will profit thereby.
percentage, or benefit, for himself or for any 8. Director or indirectly having financing or
other person, in connection with any pecuniary interest in any business, contract
contract or transaction between the or transaction in connection with which he
Government and any other part, wherein intervenes or takes part in his official
the public officer in his official capacity has capacity, or in which he is prohibited by the
to intervene under the law. Constitution or by any law from having any
3. Directly or indirectly requesting or interest.
receiving any gift, present or other 9. Directly or indirectly becoming interested,
pecuniary or material benefit, for himself or for personal gain, or having a material
for another, from any person for whom the interest in any transaction or act requiring
public officer, in any manner or capacity, the approval of a board, panel or group of
has secured or obtained, or will secure or which he is a member, and which exercises
obtain, any Government permit or license, discretion in such approval, even if he votes
in consideration for the help given or to be against the same or does not participate in
given, without prejudice to Section thirteen the action of the board, committee, panel or
of this Act. group.
4. Accepting or having any member of his Interest for personal gain shall be presumed
family accept employment in a private against those public officers responsible for
enterprise which has pending official the approval of manifestly unlawful,
business with him during the pendency inequitable, or irregular transaction or acts
thereof or within one year after its by the board, panel or group to which they
termination. belong.
5. Causing any undue injury to any party, 10. Knowingly approving or granting any
including the Government, or giving any license, permit, privilege or benefit in favor
private party any unwarranted benefits, of any person not qualified for or not legally
advantage or preference in the discharge of entitled to such license, permit, privilege or
his official administrative or judicial advantage, or of a mere representative or
functions through manifest partiality, dummy of one who is not so qualified or
evident bad faith or gross inexcusable entitled.
negligence. This provision shall apply to 11. Divulging valuable information of a
officers and employees of offices or confidential character, acquired by his office
government corporations charged with the or by him on account of his official position
grant of licenses or permits or other to unauthorized persons, or releasing such
concessions. information in advance of its authorized

Page 56 of 86
 release date.
● Prohibition on Private Individuals (Sec. 4,
R.A. No. 3019)
○ It shall be unlawful for any person
having family or close personal
relation with any public official to
capitalize or exploit or
advantage of such family or close
personal relation by directly or
indirectly requesting or receiving
any present, gift or material or
pecuniary advantage from any
other person having some business,
transaction, application, request or
contract with the government, in
which such public official has to
intervene. Family relation shall
include the spouse or relatives by
consanguinity or affinity in the
third civil degree. The word "close
personal relation" shall include
close personal friendship, social
and fraternal connections,
professional employment all giving
rise to intimacy which assures free
access to such public officer.
○ It shall be unlawful for any person
knowingly to induce or cause any
public official to commit any of the
offenses defined in Section 3 hereof.
● Prohibition on Certain Relatives (Sec. 5, R.A.
No. 3019)
○ It shall be unlawful for the spouse
or for any relative,
consanguinity or affinity, within the
third civil degree, of the President
of the Philippines, the
President of the Philippines, the
President of the Senate, or the
Speaker of the House
Representatives, to intervene,
directly or indirectly, in
business, transaction, contract or
application with the Government:
Provided, That this section shall not
apply to any person who, prior to
the assumption of office of any of
the above officials to whom he is
related, has been already dealing
with the Government along the
same line of business, nor to any
transaction, contract or application
already existing or pending at the
time of such assumption of public
office, nor to any application filed
take by him the approval of which is not
discretionary on the part of the
official or officials concerned but
depends upon compliance with
requisites provided by law, or rules
or regulations issued pursuant to
law, nor to any act lawfully
performed in an official capacity or
in the exercise of a profession.
● Exceptions (Sec. 14, R.A. No. 3019)
○ Unsolicited gifts or presents of
small or insignificant value offered
or given as a mere ordinary token of
gratitude or friendship according to
local customs or usage, shall be
and excepted from the provisions of this
Act.
○ Nothing in this Act shall be
interpreted to prejudice or prohibit
the practice of any profession,
lawful trade or occupation by any
private person or by any public
officer who under the law may
legitimately practice his profession,
trade or occupation, during his
incumbency, except where the
practice of such profession, trade or
by occupation involves conspiracy
with any other person or public
official to commit any of the
Vice- violations penalized in this Act.
2. ANTI-PLUNDER ACT (R.A. No. 7080, AS
of AMENDED BY R.A. No. 7659)
any ● Ill-Gotten Wealth, Defined
○ It is any asset, property, business
enterprise or material possession
of any person within the purview
of Section Two (2) hereof,
acquired by him directly or
indirectly through dummies,
Page 57 of 86
nominees, agents, subordinates influence to unjustly enrich
and/or business associates by any himself or themselves at the
combination or series of the expense and to the damage
following means or similar and prejudice of the Filipino
schemes: people and the Republic of the
1. Through misappropriation, Philippines. (Sec. 1(d), R.A.
conversion, misuse, or No. 7080)
malversation of public funds
or raids on the public ● Elements of Plunder
treasury; 1. that the offender is a public officer,
2. By receiving, directly or who acts by himself or in connivance
indirectly, any commission, with members of his family, relatives
gift, share, percentage, by affinity or consanguinity, business
kickbacks or any other form of associates, subordinates or other
pecuniary benefit from any persons;
person and/or entity in 2. that he amasses, accumulates or
connection with any acquires ill-gotten wealth through a
government contract or combination or series of overt or
project or by reason of the criminal acts described in Section 1
office or position of the public (d); and
officer concerned; 3. that the aggregate amount or total
3. By the illegal or fraudulent value of the ill-gotten wealth amassed,
conveyance or disposition of accumulated, or acquired is at least
assets belonging to the P50 Million Pesos. (Sombero, Jr. v.
National Government or any Office of the Ombudsman, G.R. Nos.
of its subdivisions, agencies 237888 & 237904, 28 July 2020)
or instrumentalities or
government-owned or - ● Is it necessary to prove each and every
controlled corporations and criminal act done by the accused in
their subsidiaries; furtherance of the scheme or conspiracy to
4. By obtaining, receiving or amass, accumulate, or acquire ill-gotten
accepting directly or wealth, for the purposes of establishing
indirectly any shares of stock, the crime of plunder?
equity or any other form of ○ No. It is sufficient to establish
interest or participation beyond reasonable doubt a
including the promise of pattern of overt or criminal acts
future employment in any indicative of the overall unlawful
business enterprise or scheme or conspiracy. (Sec. 4, R.A.
undertaking; No. 7080)
5. By establishing agricultural,
industrial or commercial 2. PROHIBITION OF CHILD MARRIAGE LAW
monopolies or other (R.A. No. 11596)
combinations and/or
implementation of decrees ● Facilitation of child marriage by public
and orders intended to benefit officer (Sec. 4, R.A. No. 11596)
particular persons or special ○ Any person who causes, fixes,
interests; or facilitates, or arranges a child
6. By taking undue advantage of marriage shall suffer the penalty of
official position, authority, prision mayor in its medium period
relationship, connection or and a fine of not less than Forty

Page 58 of 86
 thousand pesos (P40,000.00): [xxx] than three days (72 hours)
Provided, finally, That if the of age;
perpetrator is a public officer, he or 3. That the accused killed the
she shall be dismissed from the said child;
service and may be perpetually 4. The accused is the mother
disqualified from holding office, at or maternal grandparents
the discretion of the courts. of the child;
5. The purpose was to conceal
H. CRIMES AGAINST PERSONS (ARTS. 246- the mother’s dishonor; and

266) 6. The mother is of good

reputation.
○ Concealing the dishonor is not an
● Elements of Parricide
element of infanticide; it merely
1. That a person is killed;
mitigates the liability of the mother
2. That the deceased is killed by the
or maternal grandparents who
accused; and
committed the crime. (Reyes, Book
3. That the deceased is the father, mother
Two, p. 519-520)
or child whether legitimate or
illegitimate, or a legitimate other
● Requisites for a spouse to be entitled to the
ascendant or other descendant or the
benefit of Article 247 of the RPC (death or
legitimate spouse, of the accused. (Art.
physical injuries inflicted under exceptional
246, RPC)
circumstances)
● NOTE: The child killed by his parent
1. A legally married person surprises his
should not be less than 3 days old.
spouse in the act of committing sexual
Otherwise, the crime is infanticide. (Art.
intercourse with another person;
255, RPC)
2. He kills any or both of them in the act or
immediately thereafter; and
● Difference between infanticide and abortion
3. He has not promoted or facilitated the
○ If the fetus could sustain an
prostitution of his wife nor consented to
independent life, after its
the infidelity of the other spouse. (People
separation from the maternal
v. Oyanib, G.R. No. 130643, 12 March
womb, and it is killed, the crime is
2001)
infanticide. Otherwise, it is
abortion. (People v. Paycana, G.R. No.
● Meaning of “kill any or both of them
179035, 16 April 2008)
immediately thereafter” under Article 247
of the RPC
● Concealing dishonor
○ The RPC, in requiring that the
○ Concealing the dishonor is when
accused shall kill any or both of
the mother, after giving birth to a
them immediately after surprising
baby born out of an illicit
his spouse in the act of intercourse,
relationship, excited and
does not say that he should commit
obfuscated solely by the fear of her
the killing instantly thereafter. It
dishonor being made public, kills
only requires that the death be the
the baby to erase the trace of her
proximate result of the outrage
mistake.
overwhelming the accused after
○ The extenuating circumstance of
chancing upon his spouse in the
concealing the dishonor requires
basest act of infidelity. But the
that:
killing should have been actually
1. A child was killed;
motivated by the same blind
2. That the said child was less
impulse, and must not have been

Page 59 of 86
 influenced by external factors. The murder, or by that of parricide or
killing must be the direct by- infanticide. (Art. 249, RPC)
product of the accused's rage.
(Boado, p. 658) ● Giving Assistance to Suicide vs. Euthanasia

Giving Assistance to Euthanasia

Suicide
● Elements of Murder
1. That a person is killed; The deceased wanted to The patient did not
2. That the accused killed him; die, and the accused want to die, but the
merely lends his accused (a doctor)
3. That the killing was attended by any of
assistance to the act painlessly puts the said
the following circumstances: patient to death
a. With treachery, taking advantage of
superior strength, with the aid of Accused is liable under Doctor is liable for
armed men, or employing means to Art. 253 murder under Art. 248
weaken the defense, or of means or (Reyes, Book Two, p. 515)
persons to insure or afford
impunity; ● The following are serious physical injuries:
b. In consideration of a price, reward 1. When the injured person becomes
or promise; insane, imbecile, impotent or blind in
c. By means of inundation, fire, consequence of the physical injuries
poison, explosion, shipwreck, inflicted;
stranding of a vessel, derailment or 2. When the injured person loses the use of
assault upon a railroad, fall of an speech or the power to hear or to smell,
airship, by means of motor vehicles, or loses an eye, a hand, a foot, an arm,
or with the use of any other means or a leg, or loses the use of any such
involving great waste and ruin; member, or becomes incapacitated for
d. On occasion of any of the calamities the work in which he was thereto
enumerated in the preceding habitually engaged, in consequence of
paragraph, or of an earthquake, the physical injuries inflicted;
eruption of a volcano, destructive 3. When the person injured becomes
cyclone, epidemic, or any other deformed, or loses any member of his
public calamity; body, or loses the use thereof, or
e. With evident premeditation; becomes ill or incapacitated for the
f. With cruelty, by deliberately and performance of the work in which he is
inhumanly augmenting the habitually engaged for more than 90
suffering of the victim, or outraging days, in consequence of the physical
or scoffing at his person or corpse. injuries inflicted; and
g. The killing is not parricide or 4. When the injured person becomes ill or
infanticide. (Art. 248, RPC; People v. incapacitated for labor for more than 30
Cacho, G.R. No. 218425, 27 September days, as a result of the physical injuries
2017) inflicted. (Art. 263, RPC)

● Elements of Homicide ● Elements of Less Serious Physical Injuries

1. That a person was killed; under Art. 263, RPC
2. That the accused killed him without any 1. That the offended party is incapacitated
justifying circumstance; for labor for ten days or more (but not
3. That the accused had the intention to more than 30 days), or needs medical
kill, which is presumed; and attendance for the same period of time;
4. That the killing was not attended by any and
of the qualifying circumstances of 2. That the physical injuries must not be

Page 60 of 86
 those described in serious physical the vulnerability of the person, or, the
injuries. giving or receiving of payments or benefits
to achieve the consent of a person having
● Elements of Slight Physical Injuries control over another person”; and
1. Physical injuries which incapacitated 3. The purpose of trafficking includes “the
the offended party for labor from 1 to 9 exploitation or the prostitution of others or
days, or required medical attendance other forms of sexual exploitation, forced
during the same period; labor or services, slavery, servitude or the
2. Physical injuries which did not prevent removal or sale of organs.”
the offended party from engaging in his
habitual work or which did not require ● Means of Trafficking in Persons (Par. 1, Sec. 4,
medical attendance; and R.A. No. 11862)
3. Ill-treatment of another by deed 1. Threat;
without causing any injury. 2. Use of force or other forms of coercion;
● NOTE: In the absence of proof as to the 3. Abduction;
period of the offended party’s 4. Fraud;
incapacity for labor or of the required 5. Deception;
medical attendance OR when there is no 6. Abuse of power or of position;
evidence to establish the gravity or 7. Taking advantage of the vulnerability of the
duration of actual injury or to show the person;
causal relationship to death, the 8. Giving or receiving payment or benefit to
presumption is that the crime obtain the consent of a person having
committed is slight physical injuries. control over another person.

● Physical Injuries vs. Mutilation ● Acts of Trafficking in Persons (Sec. 4, R.A. No.
○ Mutilation is the lopping or the 11862)
clipping of some part of the body. 1. To recruit, obtain, hire, provide, offer,
Therefore, the offender must have transport, transfer, maintain, harbor, or
the intention to deprive the receive a person by any means (including
offended party a part of his body. If those done under the pretext of domestic or
mutilation is not caused purposely overseas employment or training or
and deliberately, the case will be apprenticeship) for the purpose of
considered as physical injuries. prostitution, pornography, sexual abuse or
exploitation, production, creation or
1. ANTI-TRAFFICKING IN PERSONS ACT OF distribution of Child Sexual Abuse and
2003 (R.A. No. 9208, AS AMENDED BY R.A. Exploitation Material (CSEAM), forced
No. 11862) labor, slavery, involuntary servitude, or
debt bondage;
● Elements of Trafficking in Persons (People v. 2. To introduce or match for money, profit, or
Casio, G.R. No. 211465, 3 December 2014) material, economic or other consideration,
1. The act of “recruitment, obtaining, hiring, any person or, as provided for under R.A.
providing, offering, transportation, transfer, No. 10906 (Anti-Mail Order Spouse Act), any
maintaining, harboring, or receipt of Filipino to a foreign national, for marriage
persons with or without the victim’s consent for the purpose of acquiring, buying,
or knowledge, within or across national offering, selling or trading him/her to
borders”; engage in prostitution, pornography, sexual
2. The means used include “by means of exploitation, forced labor, slavery,
threat, or use of force, or other forms of involuntary servitude or debt bondage;
coercion, abduction, fraud, deception, abuse 3. To offer or contract marriage, real or
of power or of position, taking advantage of simulated, for the purpose of acquiring,

Page 61 of 86
 buying, offering, selling, or trading them to transfer, maintain, hire, offer, provide,
engage in prostitution, pornography, sexual adopt, or receive a child for purposes of
exploitation, forced labor or slavery, exploitation or trading them, including the
involuntary servitude or debt bondage; act of buying or selling a child, or both for any
4. To undertake or organize tours and travel consideration or for barter for purposes of
plans consisting of tourism packages or exploitation. Trafficking for purposes of
activities for the purpose of utilizing and exploitation of children shall include:
offering persons for prostitution, a. All forms of slavery or practices
pornography or sexual exploitation; similar to slavery, involuntary
5. To maintain or hire a person to engage in servitude, debt bondage, and forced
prostitution or pornography; labor, including recruitment of
6. To adopt persons by any form of children for use in armed conflict;
consideration for exploitative purposes or b. The use, procuring or offering of a
to facilitate the same for purposes of child for prostitution, for the
prostitution, pornography, sexual production of CSAEM, or for
exploitation, forced labor, slavery, pornographic performances;
involuntary servitude or debt bondage; c. The use, procuring or offering of a
7. To adopt or facilitate the adoption of child for the production and
persons with or without consideration for the trafficking of drugs; and
purpose of prostitution, pornography, d. The use, procuring or offering of a
sexual exploitation, forced labor, slavery, child for illegal activities or work
involuntary servitude or debt bondage, or which, by its nature or the
to facilitate illegal child adoptions or child- circumstances in which it is carried
laundering, or for other exploitative out, is likely to harm their health,
purposes; safety or morals;
8. To recruit, hire, adopt, transport, transfer, 12. To organize, provide financial support, or
obtain, harbor, maintain, provide, offer, direct other persons to commit the offenses
receive, or abduct a person, for the purpose defined as acts of trafficking; and
of removal or sale of organs of said person; 13. To recruit, transport, obtain, transfer,
9. To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide,
harbor, maintain, offer, hire, provide, receive, or adopt a child for deployment
receive, or adopt a child to engage in armed abroad as a migrant worker.
activities or participate in activities in the
context of an armed conflict in the PROVIDED: That when the victim is a child, the
Philippines or abroad; means to commit these unlawful acts as enumerated
10. To recruit, transport, transfer, harbor, in the first paragraph shall not be necessary.
obtain, maintain, offer, hire, provide, or
receive a person for purposes of forced PROVIDED, FURTHER: That in the case of
labor, slavery, debt bondage and overseas domestic work, a “child” means a person
involuntary servitude, including a scheme, below 24 years old.
plan, or pattern intended to cause the
person either: ● Acts that Promote Trafficking in Persons (Sec. 5,
a. To believe that if the person did not R.A. No. 11862)
perform such labor or services, he 1. To knowingly lease or sublease, use, or
or she or another person would allow to be used any house, building,
suffer serious harm or physical tourism enterprise, or any similar
restraint; or establishment; or any vehicle or carrier by
b. To abuse or threaten the use of law land, sea, and air; or any of their computer
or the legal processes; system or computer hardware, other
11. To recruit, transport, harbor, obtain, computer-related devices, or any of their

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 digital platform and application, for the
purpose of promoting trafficking
persons;
2. To produce, print and issue, or distribute
unissued, tampered, or fake passports, birth
certificates, affidavits of delayed
registration of births, foundling certificates,
registration stickers, overseas employment
certificates or other certificates of any
government agency which issues these
certificates, decals, and such other markers
as proof of compliance with government
regulatory and pre-departure requirements
for the purpose of promoting trafficking in
persons;
3. To advertise, publish, print, broadcast or
distribute, or cause the advertisement,
publication, printing, broadcasting
distribution by any means, including the use
of information technology and the internet, of
any brochure, flyer, or any propaganda
material that promotes trafficking
persons;
4. To assist in the conduct
misrepresentation or fraud for purposes of
facilitating the acquisition of clearances and
necessary exit documents from government
agencies that are mandated to provide pre-
departure registration and services for
departing persons for the purpose of
promoting trafficking in persons;
5. To facilitate, assist, or help in the exit and
entry of persons from/to the country at
international and local airports, territorial
boundaries and seaports, knowing they are
not in possession of required
documents, or are in possession
tampered, fake, or fraudulently acquired
travel documents, for the purpose of
promoting trafficking in persons;
6. To confiscate, conceal, or destroy the
passport, travel documents, or personal
documents or belongings of trafficked
persons in furtherance of trafficking or to
prevent them from leaving the country or
seeking redress from the government or
appropriate agencies;
7. To knowingly benefit from, financial or
otherwise, or make use of, the labor or
services of a person held to a condition of
involuntary servitude, forced labor, or
in slavery;
8. To tamper with, destroy, or cause the
destruction of evidence, or to influence or
attempt to influence witnesses, in an
investigation or prosecution of a case under
this Act;
9. To destroy, conceal, remove, confiscate or
possess, or attempt to destroy, conceal,
remove, confiscate or possess, any actual or
purported passport or other travel,
immigration or working permit or
document, or any other actual or purported
government identification, of any person in
order to prevent or restrict, or attempt to
prevent or restrict, without lawful
authority, the person’s liberty to move or
or travel in order to maintain the labor or
services of that person;
10. To utilize his or her office to impede the
investigation, prosecution or execution of
in lawful orders in a case under this Act;
11. For internet intermediaries to knowingly or
of by gross negligence allow their internet
infrastructure to be used for the purpose of
promoting trafficking in persons;
12. For internet cafes, kiosks, and hotspots,
including establishments offering Wi-Fi
access services to the public, to knowingly or
by gross negligence allow their facilities to be
used for the purpose of promoting
trafficking in persons;
13. For financial intermediaries, including
banks and credit card companies and
money transfer or remittance centers, to
travel knowingly or by gross negligence allow their
of services, online platform and applications,
among others, to be used for the purpose of
promoting trafficking in persons;
14. To knowingly or by gross negligence facilitate,
assist, or help in the entry into the country
of persons who are convicted sex offenders
whether at international and local airports,
territorial boundaries, and seaports for the
purpose of promoting trafficking in
persons; or
15. To arrange, facilitate, expedite, or cause the
introduction or encounter of persons who
are suspected or convicted sex offenders in
any jurisdiction, to a child. The actual
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 introduction or encounter need not occur to carrying out the exploitative purpose of
be liable under this provision. It is enough trafficking;
that there is a deliberate attempt to cause the 10. When the crime is committed during a
introduction or encounter. crisis, disaster, public health concern,
pandemic, a humanitarian conflict, or
● Qualified Trafficking in Persons (Sec. 6, R.A. No. emergency situation, or when the trafficked
11862) person is a survivor of a disaster or a
1. When the trafficked person is a child human-induced conflict;
PROVIDED: That acts of online 11. When the trafficked person belongs to an
sexual abuse and exploitation of indigenous community or religious
children shall be without prejudice minority and is considered a member of the
to appropriate investigation and same;
prosecution under other related 12. When the trafficked person is a person with
laws. disability (PWD);
2. When the adoption is effected through R.A. 13. When the crime has resulted in pregnancy;
No. 8043 (Inter-Country Adoption Act of 1995) 14. When the trafficked person suffered mental
and said adoption is for the purpose of or emotional disorder as a result of being
prostitution, pornography, sexual victim of trafficking; or
exploitation, forced labor, slavery, 15. When the act is committed by or through
involuntary servitude or debt bondage; the use of ICT or any computer system.
3. When the crime is committed by a
syndicate, or in large scale. Trafficking is 2. ANTI-VIOLENCE AGAINST WOMEN AND
deemed committed by a syndicate if carried THEIR CHILDREN ACT OF 2004 (R.A. No.
out by a group of 3 or more persons 9262)
conspiring or confederating with one
another. It is deemed committed in large ● “Women and their children,” defined under
scale if committed against 3 or more R.A. No. 9262
persons, individually or as a group; ○ It refers to a woman who is the:
4. When the offender is a spouse, an 1. Wife;
ascendant, parent, sibling, guardian or a 2. Former wife;
person who exercises authority over the 3. Woman with whom the
trafficked person or when the offense is accused has or had a sexual
committed by a public officer or employee; or dating relationship; or
5. When the trafficked person is recruited to 4. Woman with whom the
engage in prostitution with any member of accused has a common
the military or law enforcement agencies; child,
6. When the offender is a member of the ○ And her child, whether legitimate
military or law enforcement agencies; or illegitimate.
7. When by reason or on occasion of the act of
trafficking in persons, the offended party ● Acts of Violence Against Women and Their
dies, becomes insane, suffers mutilation or Children (Sec. 5, R.A. No. 9262)
is afflicted with Human Immunodeficiency 1. Causing physical harm to the woman or
Virus (HIV) or the Acquired Immune her child;
Deficiency Syndrome (AIDS); 2. Threatening to cause the woman or her
8. When the offender, commits one or more child physical harm;
acts of trafficking over a period of at least 60 3. Attempting to cause the woman or her
days, whether those days are continuous or child physical harm;
not; 4. Placing the woman or her child in fear
9. When the offender, or through another, of imminent physical harm;
directs or manages the actions of a victim in 5. Attempting to compel or compelling the

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 woman or her child to engage in substantial emotional or psychological
conduct which the woman or her child distress to the woman or her child. This
has the right to desist from or desist shall include, but not be limited to, the
from conduct which the woman or her following acts:
child has the right to engage in, or a. Stalking or following the woman or
attempting to restrict or restricting the her child in public or private places;
woman's or her child's freedom of b. Peering in the window or lingering
movement or conduct by force or threat outside the residence of the woman
of force, physical or other harm or threat or her child;
of physical or other harm, or c. Entering or remaining in the
intimidation directed against the dwelling or on the property of the
woman or child. This shall include, but woman or her child against her/his
not limited to, the following acts will;
committed with the purpose or effect of d. Destroying the property and
controlling or restricting the woman's personal belongings or inflicting
or her child's movement or conduct: harm to animals or pets of the
a. Threatening to deprive or actually woman or her child; and;
depriving the woman or her child of e. Engaging in any form of
custody to her/his family; harassment or violence;
b. Depriving or threatening to deprive 9. Causing mental or emotional anguish,
the woman or her children of public ridicule or humiliation to the
financial support legally due her or woman or her child, including, but not
her family, or deliberately limited to, repeated verbal and
providing the woman's children emotional abuse, and denial of financial
insufficient financial support; support or custody of minor children of
c. Depriving or threatening to deprive access to the woman's child/children.
the woman or her child of a legal
right; ● Mere failure or inability to provide financial
d. Preventing the woman in engaging support punishable is not necessarily
in any legitimate profession, economic violence under Section 5(i) of R.A.
occupation, business or activity or No. 9262
controlling the victim's own ○ Section 5(i) of R.A. No. 9262 uses the
mon4ey or properties, or solely phrase “denial of financial support”
controlling the conjugal or common in defining the criminal act. The
money, or properties; word “denial” is defined as “refusal
6. Inflicting or threatening to inflict to satisfy a request or desire” or
physical harm on oneself for the “the act of not allowing someone to
purpose of controlling her actions or do or have something”. The
decisions; foregoing definitions connote
7. Causing or attempting to cause the willfulness, or an active exertion of
woman or her child to engage in any effort so that one would not be able
sexual activity which does not to have or do something. This may
constitute rape, by force or threat of be contrasted with the word
force, physical harm, or through “failure”, defined as “the fact of not
intimidation directed against the doing something one should have
woman or her child or her/his done” which in turn connotes
immediate family; passivity. From the plain meaning
8. Engaging in purposeful, knowing, or of the words used, the act punished
reckless conduct, personally or through by Section 5(i) is, therefore, dolo in
another, that alarms or causes nature – there must be a

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 concurrence between
freedom, and intelligence, in order
to consummate the crime. (Acharon
v. People, G.R. No. 224946, 25 May
2022)
● R.A. No. 9262 does not require that the acts
of violence against the woman be a
consequence of her sexual or dating
relationship with the accused
○ In Ang v. CA (G.R. No. 182835, 20
April 2010), the Court enumerated
the elements of the crime of
violence against women through
harassment, to wit:
1. The offender has or had a
sexual or dating relationship
with the offended woman;
2. The offender, by himself or
through another, commits an
act or series of acts
harassment against
woman; and
3. The harassment alarms or
causes substantial emotional
or psychological distress to
her.
○ Notably, while it is required that the
offender has or had a sexual or
dating relationship with
offended woman, for R.A. No. 9262
to be applicable, it is
indispensable that the
violence be a consequence of such
relationship. Nowhere in the law
can such limitation be inferred.
(Dabalos v. RTC, Branch 59, Angeles
City, G.R. No. 193960, 7 January
2013)
● Principle of conspiracy applies in R.A. No.
9262 cases
○ While the said provision provides
that the offender be related or
connected to the victim
marriage, former marriage, or a
sexual or dating relationship, it
does not preclude the application of
the principle of conspiracy under
the RPC. Section 47 of R.A. No. 9262
intent, expressly provides for the
suppletory application of the RPC,
thus, the principle of conspiracy
may be applied to R.A. No. 9262.
(Go-Tan v. Tan, G.R. No. 168852,
September 30, 2008)
● Protection Orders (Secs. 8-16, R.A. No. 9262)
1. Barangay Protection Orders (BPO) refer
to the protection order issued by the
Punong Barangayordering the
perpetrator to desist from committing
acts under Section 5 (a) and (b) of R.A.
9262. BPO shall be effective for 15 days.
2. Temporary Protection Orders (TPO)
refers to the protection order issued by
the court on the date of the filing of the
application after ex parte determination
that such order should be issued. The
court may grant in a TPO any, some or
of all of the reliefs mentioned in R.A. 9262
the and shall be effective for thirty (30)
days. The court shall order the
immediate personal service of the TPO
on the respondent by the court sheriff
who may obtain the assistance of law
enforcement agents for the service.
3. Permanent Protection Order (PPO)
refers to the protection order issued by
the the court after notice and hearing. The
court shall not deny the issuance of
not protection order on the basis of the lapse
act of of time between the act of violence and
the filing of the application. PPO shall
be effective until revoked by the court
upon application of the person in whose
favor it was issued.
● Battered Woman Syndrome as a Defense
(Sec. 26, R.A. No. 9262)
○ The battered woman syndrome is
characterized by the so-called "cycle
of violence," which has three
phases:
by 1. the tension-building phase;
2. the acute battering incident;
and
3. the tranquil, loving (or, at least,
nonviolent) phase.
○ During the tension-building phase,
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 minor battering occurs -- it could be of the elements for justifying
verbal or slight physical abuse or circumstances of self-defense under
another form of hostile behavior. the RPC.
The woman usually tries to pacify
the batterer through a show of kind, 3. ANTI-CHILD PORNOGRAPHY ACT OF
nurturing behavior; or by simply 2009 (R.A. No. 9775)
staying out of his way...
○ The acute battering incident is said ● Child, defined under R.A. No. 9775
to be characterized by brutality, ○ A person below 18 years old;
destructiveness and, sometimes, ○ A person over 18 years old, but is
death...During this phase, she has unable to fully take care of
no control; only the batterer may himself/herself from abuse, neglect,
put an end to the violence... cruelty, exploitation, or
○ The final phase of the cycle of discrimination because of a
violence begins when the acute physical or mental disability or
battering incident ends. During this condition;
tranquil period, the couple ○ A person regardless of age who is
experience profound relief. On the presented, depicted, or portrayed as
one hand, the batterer may show a a child as defined herein; and
tender and nurturing behavior ○ Computer-generated, digitally or
towards his partner.... On the other manually crafted images or
hand, the battered woman also tries graphics of a person who is
to convince herself that the battery represented or who is made to
will never happen again; that her appear to be a child as defined
partner will change for the better; therein. (Sec.3(a), R.A. No. 9775)
and that this "good, gentle and
caring man" is the real person ● Child pornography, defined
whom she loves. ( People v. Genosa, ○ "Child pornography" refers to any
G.R. No. 135981, 15 January 2004) representation, whether visual,
○ NOTE: Crucial to the BWS defense audio, or written combination
is the state of mind of the battered thereof, by electronic, mechanical,
woman at the time of the offense; digital, optical, magnetic or any
she must have actually feared other means, of child engaged or
imminent harm from her batterer involved in real or simulated
and honestly believed in the need to explicit sexual activities. (Sec. 3(b),
kill him in order to save her life. R.A. No. 9775)
○ Furthermore, in order to be
classified as a battered woman, the ● Explicit sexual activity, defined
couple must go through the ○ "Explicit Sexual Activity" includes
battering cycle at least twice. Any actual or simulated:
woman may find herself in an 1. As to form:
abusive relationship with a man a. sexual intercourse or
once. If it occurs a second time, and lascivious act including,
she remains in the situation, she is but not limited to, contact
defined as a battered woman. (see involving genital to
People v. Genosa) genital, oral to genital,
○ Those suffering from battered anal to genital, or oral to
woman syndrome do not incur anal, whether between
criminal and civil liability persons of the same or
notwithstanding the absence of any opposite sex;

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 2. Bestiality; pornography;
3. Masturbation; 11. To conspire to commit any of the
4. Sadistic or masochistic abuse; prohibited acts stated in this section.
5. Lascivious exhibition of the Conspiracy to commit any form of child
genitals, buttocks, breasts, pornography shall be committed when
pubic area and/or anus; or two (2) or more persons come to an
6. Use of any object or instrument agreement concerning the commission
for lascivious acts. of any of the said prohibited acts and
decide to commit it; and
● Unlawful acts under R.A. No. 9775 12. To possess any form of child
1. To hire, employ, use, persuade, induce pornography. (Sec. 4, R.A. No. 9775)
or coerce a child to perform in the
creation or production of any form of ● Syndicated child pornography, defined
child pornography; ○ The crime of child pornography is
2. To produce, direct, manufacture or deemed committed by a syndicate if
create any form of child pornography; carried out by a group of three (3) or
3. To publish offer, transmit, sell, more persons conspiring or
distribute, broadcast, advertise, confederating with one another.
promote, export or import any form of (Sec. 5, R.A. No. 9775)
child pornography;
4. To possess any form of child 3. SPECIAL PROTECTION OF CHILDREN
pornography with the intent to sell, AGAINST CHILD ABUSE,
distribute, publish, or broadcast: EXPLOITATION, AND
Provided. That possession of three (3) or DISCRIMINATION ACT (R.A. No. 7610,
more articles of child pornography of AS AMENDED)
the same form shall be prima facie
evidence of the intent to sell, distribute, ● Children defined under R.A. No. 7610
publish or broadcast; ○ Those below eighteen (18) years of
5. To knowingly, willfully and age; or
intentionally provide a venue for the ○ Those over eighteen (18) but are
commission of prohibited acts as, but unable to fully take care of
not limited to, dens, private rooms, themselves or protect themselves
cubicles, cinemas, houses or in from abuse, neglect, cruelty,
establishments purporting to be a exploitation or discrimination
legitimate business; because of a physical or mental
6. For film distributors, theaters and disability or condition. (Sec. 3(a),
telecommunication companies, by R.A. No. 7610)
themselves or in cooperation with other
entities, to distribute any form of child ● Persons liable for child prostitution and
pornography; other sexual abuse - Those who engage in or
7. For a parent, legal guardian or person promote, facilitate or induce child
having custody or control of a child to prostitution which include, but are not
knowingly permit the child to engage, limited to, the following:
participate or assist in any form of child 1. Acting as a procurer of a child
pornography; prostitute;
8. To engage in the luring or grooming of 2. Inducing a person to be a client of a
a child; child prostitute by means of written or
9. To engage in pandering of any form of oral advertisements or other similar
child pornography; means;
10. To willfully access any form of child 3. Taking advantage of influence or

Page 68 of 86
 relationship to procure a child as serious impairment of his
prostitute; growth and development or in
4. Threatening or using violence towards his permanent incapacity or
a child to engage him as a prostitute; or death. (Sec. 3(b), R.A. No. 7610)
5. Giving monetary consideration goods
or other pecuniary benefit to a child ○ Any other acts of child abuse,
with intent to engage such child in cruelty or exploitation or to be
prostitution. responsible for other conditions
6. Those who commit the act of sexual prejudicial to the child's
intercourse or lascivious conduct with a development including those
child exploited in prostitution or subject covered by Article 59 of Presidential
to other sexual abuse; and Decree No. 603, as amended, but
7. Those who derive profit or advantage not covered by the Revised Penal
therefrom, whether as manager or Code, as amended;
owner of the establishment where the ○ Any person who shall keep or have
prostitution takes place, or of the sauna, in his company a minor, twelve (12)
disco, bar, resort, place of entertainment years or under or who in ten (10)
or establishment serving as a cover or years or more his junior in any
which engages in prostitution in public or private place, hotel, motel,
addition to the activity for which the beer joint, discotheque, cabaret,
license has been issued to said pension house, sauna or massage
establishment. parlor, beach and/or other tourist
● NOTE: When the victim is under 12 resort or similar places;
years old, the perpetrators shall be ○ EXCEPTION: This does not apply
prosecuted under Art. 335 par. 3 for to any person related within the 4th
rape, and Art. 336 for acts of civil degree of consanguinity or
lasciviousness, as the case may be. (Sec. affinity or any bond recognized by
5, R.A. No. 7610) law, local custom and tradition; or
acts in the performance of a social,
● Other acts of neglect, abuse, cruelty or moral, or legal duty.
exploitation and other conditions ○ Any person who shall induce,
prejudicial to the child’s development deliver or offer a minor to any one
○ The maltreatment, whether prohibited by this Act to keep or
habitual or not, of the child which have in his company a minor as
includes any of the following: provided in the preceding
1. Psychological and physical paragraph;
abuse, neglect, cruelty, sexual ○ Any person, owner, manager or one
abuse and emotional entrusted with the operation of any
maltreatment; public or private place of
2. Any act by deeds or words accommodation, whether for
which debases, degrades or occupancy, food, drink or
demeans the intrinsic worth otherwise, including residential
and dignity of a child as a places, who allows any person to
human being; take along with him to such place or
3. Unreasonable deprivation of places any minor herein described;
his basic needs for survival, ○ Any person who shall use, coerce,
such as food and shelter; or force or intimidate a street child or
4. Failure to immediately give any other child to:
medical treatment to an 1. Beg or use begging as a means
injured child resulting in of living;

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2. Act as conduit or middlemen in
drug trafficking or pushing; or
3. Conduct any illegal activities.
(Sec. 10, R.A. No. 7610)
● NOTE: Under Art. 59 of P.D.
No. 603, criminal liability shall
attach to any person who:
1. Conceals or abandons the
child with intent to make
such child lose his civil
status.
2. Abandons the child under
such circumstances as to
deprive him of the love,
care and protection
needs.
3. Sells or abandons the child
to another person
valuable consideration.
4. Neglects the child by not
giving him the education
which the family’s station
in life and financial
conditions permit.
5. Fails or refuses, without
justifiable grounds,
enroll the child as required
by Article 72.
6. Causes, abates, or permits
the truancy of the child
from the school where he is
enrolled. “Truancy” as here
used means absence
without cause for more
than twenty schooldays,
not necessarily consecutive.
7. Improperly exploits
child by using him, directly
or indirectly, such as for
purposes of begging and
other acts which
inimical to his interest and
welfare.
8. Inflicts cruel and unusual
punishment upon the child
or deliberately subjects him
to indignitions and other
excessive chastisement that
embarrass or humiliate
him.
9. Causes or encourages the
child to lead an immoral or
dissolute life.
10. Permits the child to
possess, handle or carry a
deadly weapon, regardless
of its ownership.
11. Allows or requires the child
to drive without a license or
with a license which the
parent knows to have been
illegally procured. If the
motor vehicle driven by the
child belongs to the parent,
he it shall be presumed that he
permitted or ordered the
child to drive.
for
4. PROHIBITION OF CHILD MARRIAGE
LAW (R.A. No. 11596)
● Child, defined under R.A. No. 11596
○ Child refers to any human being
under eighteen (18) years of age, or
any person eighteen (18) years of
to age or over but who is unable to
fully take care and protect oneself
from abuse, neglect, cruelty,
exploitation or discrimination
because of a physical or mental
disability or condition.
● Child marriage, defined under R.A. No,
11596
○ Child marriage refers to any
marriage entered into where one or
the both parties are children as defined
above, and solemnized in civil or
church proceedings, or in any
recognized traditional, cultural or
are customary manner. It shall include
an informal union or cohabitation
outside of wedlock between an
adult and a child, or between
children.
● Guardians, defined under R.A. No, 11596
○ Guardians refer to relatives or
individuals taking custody of a
child in the absence of the parents,
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 or anyone to whom a child is given
or left for care or custody, whether
permanent or temporary; or
persons judicially appointed by a
competent court as guardians.
● Parents, defined under R.A. No, 11596
○ Parents refer to biological parents
or adoptive parents
● Solemnizing officers, defined under R.A.
No, 11596
○ Solemnizing officers refers to any
person authorized to officiate a
marriage under Executive Order
No. 209, otherwise known as “The
Family Code of the Philippines,” or
recognized to celebrate marriages
by reason of religion, tradition, or
customs.
● Unlawful acts under Sec. 4, R.A. No. 11596
1. Facilitation of Child Marriage. – Any
person who causes, fixes, facilitates, or
arranges a child marriage shall suffer
the penalty of prision mayor in its
medium period and a fine of not less
than Forty thousand pesos (P40,000.00):
Provided, however, That should the
perpetrator be an ascendant, parent,
adoptive parent, step parent, or
guardian of the child, the penalty shall
be prision mayor in its maximum
period, or fine of not less than Fifty
thousand pesos (P50,000.00), and
perpetual loss of parental authority:
Provided, further, That any person who
produces, prints, issues and/or
distributes fraudulent or tampered
documents such as birth certificates,
affidavits of delayed registration of
birth and/or foundling certificates for
the purpose of misrepresenting the age
of a child to facilitate child marriage or
evade liability under this Act shall be
liable under this section, without
prejudice to liability under other laws:
Provided, finally, That if the perpetrator
is a public officer, he or she shall be
dismissed from the service and may be
perpetually disqualified from holding
office, at the discretion of the courts;
2. Solemnization of Child Marriage. – Any
person who performs or officiates a
child marriage shall suffer the penalty
of prision mayor in its maximum period
and a fine of not less than Fifty
thousand pesos (P50,000.00): Provided,
however, That if the perpetrator is a
public officer, he or she shall be
dismissed from the service and may be
perpetually disqualified from holding
office, at the discretion of the courts; and
3. Cohabitation of an Adult with a Child
Outside Wedlock. – An adult partner
who cohabits with a child outside
wedlock shall suffer the penalty of
prision mayor in its maximum period
and a fine of not less than Fifty
thousand pesos (P50,000.00): Provided,
however, That if the perpetrator is a
public officer, he or she shall likewise be
dismissed from the service and may be
perpetually disqualified from holding
office, at the discretion of the courts:
Provided, finally, That this shall be
without prejudice to higher penalties
that may be imposed in the Revised
Penal Code and other special laws.
● R.A. No. 11596 crimes are public crimes
○ The foregoing unlawful and
prohibited acts are deemed public
crimes and be initiated by any
concerned individual. (Sec. 5, R.A.
No. 11596)
5. AN ACT PROVIDING FOR STRONGER
PROTECTION AGAINST RAPE AND
SEXUAL EXPLOITATION AND ABUSE,
INCREASING THE AGE FOR
DETERMINING THE COMMISSION OF
STATUTORY RAPE (R.A. NO. 11648)
● Amendment on Rape (Sec. 1, R.A. No.
11648)
Sec. 1, R.A. No. 8353 Sec. 1, R.A. No. 11648
Rape is committed: Rape is committed:
Page 71 of 86
1) By a man who shall 1) By a person who taking advantage of the
have carnal knowledge shall have carnal child's position of
of a woman under any knowledge of another vulnerability,
of the following person under any of the differential power, or
circumstances: following trust during the
circumstances: conduct of sexual
xxx activities."
xxx
d) When the offended
● Amendment on Qualified Seduction (Sec. 2,
party is under twelve d) When the offended
(12) years of age or is party is under sixteen R.A. No. 11648)
demented, even though (16) years of age or is Articles 337 and 338 of Sec. 2, R.A. No. 11648
none of the demented, even though the RPC
circumstances none of the
mentioned above be circumstances Art. 337. Qualified Article 337. Qualified
present. mentioned above be seduction. — The seduction. - The
present: Provided, That seduction of a virgin seduction of a minor,
there shall be no over twelve years and sixteen and over but
criminal liability on the under eighteen years of under eighteen years of
part of a person having age, committed by any age, committed by any
carnal knowledge of person in public person in public
another person under authority, priest, home- authority, priest, home-
sixteen (16) years of age servant, domestic, servant, domestic,
when the age difference guardian, teacher, or guardian, teacher, or
between the parties is any person who, in any any person who, in any
not more than three (3) capacity, shall be capacity, shall be
years, and the sexual entrusted with the entrusted with the
act in question is education or custody of education or custody of
proven to be the woman seduced, the minor seduced,
consensual, non- shall be punished by shall be punished by
abusive, and non- prision correccional in prision correccional in
exploitative: Provided, its minimum and its minimum and
further, That if the medium periods. medium periods.
victim is under thirteen
(13) years of age, this The penalty next higher The penalty next higher
exception shall not in degree shall be in degree shall be
apply. imposed upon any imposed upon any
person who shall person who shall
As used in this Act, seduce his sister or seduce his sister or
non-abusive shall mean descendant, whether or descendant, whether or
the absence of undue not she be a virgin or not she be a virgin or
influence, intimidation, over eighteen years of over eighteen years of
fraudulent age. age.
machinations, coercion,
threat, physical, sexual, Under the provisions of Under the provisions of
psychological, or this Chapter, seduction this Chapter, seduction
mental injury or is committed when the is committed when the
maltreatment, either offender has carnal offender have carnal
with intention or knowledge of any of the knowledge of any of the
through neglect, during persons and under the persons and under the
the conduct of sexual circumstances circumstances
activities with the child described herein. described therein.
victim. On the other
hand, non-exploitative Art. 338. Simple Article 338. Simple
shall mean there is no seduction. — The seduction. - The
actual or attempted act seduction of a woman seduction of a minor,
or acts of unfairly who is single or a sixteen and over but

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widow of good under eighteen years of crime but a qualifying merely a qualifying
reputation, over twelve age, committed by circumstance circumstance
but under eighteen means of deceit, shall
years of age, committed be punished by arresto Even if there are If there are multiple
by means of deceit, mayor. multiple rapes, there is rapes, only the first
shall be punished by only one kidnapping rape shall be
arresto mayor. with rape. The excess complexed with
rapes are absorbed. forcible abduction
because the abduction
I. CRIMES AGAINST PERSONAL LIBERTY is necessary to commit
AND SECURITY (ARTS. 267-292) only the first rape, and
the other rapes will be
treated as separate
● Elements of Kidnapping and Serious Illegal crimes.
Detention under Art. 267 of the RPC
1. If the kidnapping or detention shall If rape was merely If rape is merely
attempted, two attempted, there is only
have lasted more than five days.
separate crimes – forcible abduction, the
2. If it shall have been committed kidnapping and attempt to rape is
simulating public authority. attempted rape merely a manifestation
3. If any serious physical injuries shall of lewd designs.
have been inflicted upon the person
kidnapped or detained; or if threats to (Boado, pp. 757-758)
kill him shall have been made.
4. If the person kidnapped or detained ● Acts which constitute grave coercion, light
shall be a minor, female or a public coercion, and other similar coercions
officer.
Grave Light Other Similar
● NOTE: For kidnapping to exist, there
Coercion Coercion Coercions
must be proof that the intent of the
malefactors was to deprive the offended The unlawful The unlawful Unlawful act
party of her liberty, and not where such act of: act of: of any person,
restraint of freedom of action was a. Preventin a. Seizing agent or officer
g another anything of any
merely an incident in the commission of
from belonging association or
another offense primarily intended by
doing to one’s corporationwh
the offenders. (Boado, p. 749) something debtor, by o shall:
● If none of the above circumstances are not means of a. Force or
present, the crime is only slight illegal prohibited violence, compel,
detention under Art. 268. by law for the directly or
b. Compellin purpose of indirectly,
g another applying or shall
● Kidnapping with rape and forcible
to do the same knowingly
abduction with rape, distinguished something to the permit any
Kidnapping with Forcible Abduction against his payment laborer or
Rape with Rape will, of the employee
whether it debt. employed
A composite The crime is complex be right or b. Any other by him or
crime/special complex under Article 48 since wrong coercions by such
crime or a single forcible abduction is a c. Compellin or unjust firm or
indivisible felony necessary means to g another vexations corporatio
commit the rape to perform n to be
any forced or
No lewd design At the outset there is religious compelled
lewd design act or , to
prevent purchase
Rape is not a separate Rape is also a crime, not him from merchandi

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 so doing se or non-public regardless consideration.
commoditi transmission whether or not
es of any of computer the data is (2) Child
kind data to, from, directly Pornography.
b. Pay the or within a readable and — The
wages due computer intelligible; or unlawful or
a laborer system (ii) The act of prohibited acts
or including knowingly defined and
employee electromagneti using punishable by
employed c emissions computer data Republic Act
by him, by from a which is the No. 9775 or the
means of computer product ofAnti-Child
tokens or system computer- Pornography
objects carrying such related forgery Act of 2009,
other than computer as defined committed
the legal data. herein, for the through a
tender purpose ofcomputer
currency (3) Data perpetuating a system:
of the Interference. fraudulent or Provided, That
laborer or — The dishonest the penalty to
employee. intentional or design. be imposed
reckless shall be (1) one
alteration, (2) Computer- degree higher
damaging, related Fraud. than that
deletion or — The provided for in
1. CYBERCRIME PREVENTION ACT OF 2012
deterioration unauthorized Republic Act
(R.A. No. 10175) of computer input, No. 9775.
data, alteration, or
● Cybercrime Offenses (Sec. 4, R.A. No. electronic deletion of (3) Unsolicited
10175) document, or computer data Commercial
electronic data or program or Communicatio
Offenses Computer- Content- message, interference in ns. — The
against the related related without right, the transmission
confidentialit Offenses: Offenses including the functioning of of commercial
y, integrity introduction a computer electronic
and or system, communicatio
availability of transmission causing n with the use
computer data of viruses. damage of computer
and systems: thereby with system which
(4) System fraudulent seek to
(1) Illegal (1) Computer- (1) Cybersex.
Interference. intent: advertise, sell,
Access. – The related — The willful
— The Provided, That or offer for sale
access to the Forgery. — engagement,
intentional if no damage products and
whole or any (i) The input, maintenance,
alteration or has yet been services are
part of a alteration, or control, or
reckless caused, the prohibited
computer deletion of any operation,
hindering or penalty unless:
system computer data directly or
interference imposable (i) There is
without right. without right indirectly, of
with the shall be one (1) prior
resulting in any lascivious
functioning of degree lower. affirmative
(2) Illegal inauthentic exhibition of
a computer or consent from
Interception. – data with the sexual organs
computer (3) Computer- the recipient;
The intent that it be or sexual
network by related or
interception considered or activity, with
inputting, Identity Theft. (ii) The
made by acted upon for the aid of a
transmitting, – The primary intent
technical legal purposes computer
damaging, intentional of the
means without as if it were system, for
deleting, acquisition, communicatio
right of any authentic, favor or
deteriorating, use, misuse, n is for service

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altering or transfer, and/or committing or prohibited
suppressing possession, administrative any of the acts of libel as
computer data alteration or announcement offenses under defined in
or program, deletion of s from the this Act. Article 355 of
electronic identifying sender to its (ii) The the Revised
document, or information existing users, possession of Penal Code, as
electronic data belonging to subscribers or an item amended,
message, another, customers; or referred to in committed
without right whether (iii) The paragraphs through a
or authority, natural or following 5(i)(aa) or (bb) computer
including the juridical, conditions are above with system or any
introduction without right: present: intent to use other similar
or Provided, That (aa) The said devices means which
transmission if no damage commercial for the may be
of viruses. has yet been electronic purpose of devised in the
caused, the communicatio committing future.
(5) Misuse of penalty n contains a any of the
Devices. imposable simple, valid, offenses under
(i) The use, shall be one (1) and reliable this section.
production, degree lower. way for the
sale, recipient to
● Other Offenses (Sec. 5, R.A. No. 10175)
procurement, reject. receipt
importation, of further ○ (a) Aiding or Abetting in the
distribution, or commercial Commission of Cybercrime. – Any
otherwise electronic person who willfully abets or aids
making messages (opt- in the commission of any of the
available, out) from the offenses enumerated in this Act
without right, same source;
shall be held liable.
of: (bb) The
(aa) A device, commercial ○ (b) Attempt in the Commission of
including a electronic Cybercrime. — Any person who
computer communicatio willfully attempts to commit any of
program, n does not the offenses enumerated in this Act
designed or purposely shall be held liable.
adapted disguise the
primarily for source of the
the purpose of electronic J. CRIMES AGAINST PROPERTY (ARTICLES
committing message; and 293-332)
any of the (cc) The
offenses under commercial
this Act; or electronic ● Elements of Robbery under Art. 293, RPC
(bb) A communicatio 1. There be personal property;
computer n does not 1. Belonging to another;
password, purposely 2. There is unlawful taking of that
access code, or include property;
similar data by misleading
3. With intent to gain; and
which the information in
4. There is violence against or intimidation
whole or any any part of the
part of a message in of any person or force upon anything.
computer order to
system is induce the ● When unlawful taking consummated
capable of recipients to ○ Unlawful taking is complete from
being accessed read the the moment the offender gains
with intent message.
possession of the thing, even if the
that it be used
culprit has had no opportunity to
for the (4) Libel. —
purpose of The unlawful dispose of the same, the unlawful

Page 75 of 86
 taking is complete. The fact that the
defendant, in his flight, threw away
the property stolen, does not affect
the nature of the crime. (Reyes, Book
Two, p. 656)
● Special complex crimes punished under
Art. 294 (robbery with violence against or
intimidation of persons)
1. When by reason or on occasion of the
robbery, homicide is committed
(robbery with homicide);
2. When the robbery is accompanied by
rape or intentional mutilation or arson
(robbery with rape, robbery with
intentional mutilation, robbery with
arson);
3. When by reason or on occasion of such
robbery, any of the physical injuries
resulting in insanity, imbecility,
impotency, or blindness is inflicted
(robbery with serious physical injuries);
4. When by reason or on occasion of
robbery, any of the physical injuries
resulting in the loss of the use of speech
or the power to hear or to smell, or the
loss of an eye, a hand, a foot, an arm or
a leg or the loss of the use of any such
member, or incapacity for the work in
which the injured person is theretofore
habitually engaged is inflicted;
5. If the violence or intimidation
employed in the commission of the
robbery is carried to a degree clearly
unnecessary for the commission of the
crime;
6. When 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 consequence of
which the person injured 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 labor for more
than 90 days or the person injured
becomes ill or incapacitated for labor for
more than 30 days; and
7. If the violence employed by the
offender does not cause any of the
serious physical injuries defined in Art.
263, or if the offender employs
intimidation only.
● Robbery used in the generic sense in cases
of robbery with homicide
○ In robbery with homicide, the word
homicide is used in its generic
sense. Thus, it includes murder,
parricide, and infanticide. (People v.
Ebet, G.R. No. 181635, 15 November
2010)
● No requirement that the victim of robbery
and homicide be the same person
○ The crime is still robbery with
homicide if the person killed was an
innocent bystander and not the
person robbed and even if the death
supervened by mere accident.
(People v. Daniela, GR No. 139230, 24
April 2003)
● Elements of Theft under Art. 308, RPC
1. There be taking of another’s personal
property;
2. Taking was done with intent to gain;
3. Taking was done without the owner’s
consent; and
4. Taking was accomplished without the
use of violence against or intimidation
of persons or force upon things.
● Theft has no frustrated stage
○ Theft is only either attempted or
consummated. Theft is already
“produced” upon the “taking of
personal property of another
without the latter’s consent.”
(Ticman, 2019, p. 32)
● In theft, there is no requirement for the thief
to be able to carry away the thing taken from
the owner
○ The only requirement for a personal
property to be the object of theft
under the penal code is that it be
capable of appropriation. It need
Page 76 of 86
 not be capable of “asportation”,
which is defined as “carrying
away.” Jurisprudence is settled that
to “take” does not
asportation or carrying
(Ticman, 2019, p. 285, citing Laurel v.
Abrogar, G.R. No. 155076, 13 January
2009)
● How is estafa committed
○ Estafa is committed when the
accused defrauds another by abuse
of confidence, or by means of deceit,
or through fraudulent means, and
that damage or prejudice capable of
pecuniary estimation is caused to
the offended party or third person.
(Art. 315, RPC)
● Deceit is not always an element of estafa
○ Deceit with intent to defraud is not
an essential requisite in cases
wherein there is abuse
confidence in misappropriating the
funds or property after they have
come to the hands of the offender.
Abuse of confidence and deceit are
two different means of committing
estafa under Article 315. (Reyes,
Book Two, p. 777)
● The sending of a demand letter is not a
condition precedent in prosecution for
estafa
○ The law does not require a demand
as a condition precedent to the
existence of the crime
embezzlement. The failure
account, upon demand, for funds or
property held in trust,
circumstantial evidence
misappropriation, which may be
established by other proof. (Tubb v.
People, G.R. No. L-9811, 22 April
1957)
● Difference between estafa with abuse of
confidence and theft
Estafa with Abuse of Theft
Confidence
The offender receives The offender takes the
require the thing from the thing
away. offended party
The offender also The offender only
acquires the juridical acquires the material or
possession of the thing physical possession of
the thing
● Arson, defined
○ Arson is the burning or setting on
fire the property of another, or one’s
own property, if it exposes to
danger the life or property of
another. Subjects may include: any
building, mode of conveyance for
transportation of persons or
property, plantation, farm, or forest.
(Art. 320, RPC, as amended by R.A.
No. 7659 and P.D. No.. No. 1613)
of ● How destructive arson committed
1. Any person who shall burn:
a. One or more buildings or edifices,
consequent to one single act of
burning, or as a result of
simultaneous burnings, or
committed on several or different
occasions;
b. Any building of public or private
ownership, devoted to the public in
general or where people usually
gather or congregate for a definite
purpose regardless of whether the
offender had knowledge that there
of are persons in said building or
to edifice at the time it is set on fire and
regardless also of whether the
is building is actually inhabited or
of not;
c. Any train or locomotive, ship or
vessel, airship or airplane, devoted
to transportation or conveyance, or
for public use, entertainment or
leisure;
d. Any building, factory, warehouse
installation and any appurtenances
thereto, which are devoted to the
service of public utilities; or v. Any
Page 77 of 86
 building the burning of which is for concubine, paramour, etc are included
the purpose of concealing or under the term “by affinity”. Strangers
destroying evidence of another who participated in the commission of
violation of law, or for purpose of the crime are not exempt from criminal
concealing bankruptcy or liability. (see Boado, p. 895-896)
defrauding creditors or to collect
from insurance. 1. ANTI-FENCING LAW (P.D. No. 1612)
2. Two or more persons or by a group of
persons, regardless of whether their ● Fencing, defined
purpose is merely to burn or destroy the ○ "Fencing" is the act of any person
building or the burning merely who, with intent to gain for himself
constitutes an overt act in the or for another, shall buy, receive,
commission of another violation of law; possess, keep, acquire, conceal, sell
and or dispose of, or shall buy and sell,
3. Any person who shall burn: or in any other manner deal in any
a. Any arsenal, shipyard, storehouse article, item, object or anything of
or military powder or fireworks value which he knows, or should be
factory, ordinance, storehouse, known to him, to have been derived
archives or general museum of the from the proceeds of the crime of
Government; or robbery or theft. (Sec. 2(a), P.D. No.
b. In an inhabited place, any 1612)
storehouse or factory of
inflammable or explosive materials. ● Fence, defined
(Art. 320, RPC as amended by R.A. ○ "Fence" includes any person, firm,
No. 7659) association corporation or
partnership or other organization
● Elements of malicious mischief under Art. who/which commits the act of
327, RPC fencing. (Sec. 2(b), P.D. No. 1612)
1. The offender deliberately caused
damage to the property of another; ● Presumption of fencing
2. Such does not constitute arson or other ○ Mere possession of any good,
crimes involving destruction; and article, item, object, or anything of
3. The act of damaging another’s property value which has been the subject of
be committed merely for the sake of robbery or thievery shall be prima
damaging it (presupposes hate, facie evidence of fencing. (Sec. 5,
revenge, or other evil motive). P.D. No. 1612)

● Persons exempted from criminal liability in ● When presumption does not arise
cases of theft, estafa, and malicious mischief ○ Stores, establishments, or entities
1. Spouses, ascendants and descendants, dealing in the buy and sell of goods,
or relatives by affinity in the same line. articles, items, objects of anything of
2. The widowed spouse with respect to the value obtained from unlicensed
property which belonged to the dealers or suppliers can offer the
deceased spouse before the same same for sale to the public by first
passed into the possession of another. securing the necessary clearance or
3. Brothers and sisters and brothers-in-law permit from the station commander
and sisters-in-law, if living together. of the PNP in the town or city where
(Art. 332, RPC) such store, establishment, or entity
● NOTE: Stepfathers, stepmothers, is located. (Sec. 6, P.D. No. 1612)
adopted children, natural children,

Page 78 of 86
K. CRIMES AGAINST CHASTITY (ARTS. 333- they are both alive, nor in any case,

334, 336-346) if he shall have consented or

pardoned the offenders.
○ While there is a conceptual
● The concept of pari delicto is not a valid
difference between consent and
defense to a prosecution for adultery and
pardon in the sense that consent is
concubinage
granted prior to the adulterous act
○ The concept of pari delicto is not
while pardon is given after the illicit
found in the Revised Penal Code,
affair, nevertheless, for either
but only in Article 1411 of the Civil
consent or pardon to benefit the
Code. Article 1411 of the Civil Code
accused, it must be given prior to
relates only to contracts with illegal
the filing of a criminal complaint.
consideration. The case at bar does
(Boado, p. 955)
not involve any illegal contract
which either of the contracting
● Direct proof of carnal knowledge is not
parties is now seeking to enforce.
essential in the crime of adultery
(see Arroyo v. CA, G.R. No. 96602, 19
○ The legal tenet has been and still is,
November 1991)
that circumstantial and
corroborative evidence such as will
● Effect of husband and wife’s written
lead the guarded discretion of a
agreement that they will live separately and
reasonable and just man to the
be allowed to remarry on a subsequent case
conclusion that the criminal act of
of adultery filed by the husband against the
adultery has been committed, will
wife
suffice to bring about a conviction
○ The adultery case will not prosper,
for that crime. (Reyes, Book Two, p.
but not on the basis of the written
900)
agreement. While the agreement is
void in law, it is nevertheless
● Adultery is not a continuing offense
competent evidence to explain the
○ Adultery is a crime of result and not
husband’s inaction after he knew of
of tendency. It is an instantaneous
his wife’s living with her co-
crime which is consummated and
accused. He may be considered as
exhausted or completed at the
having consented to the infidelity of
moment of the carnal union, Each
his wife, which bars him from
sexual intercourse constitutes a
instituting criminal complaint.
crime of adultery. (People v. Zapata,
(People v. Guinucud, G.R. No. L-
G.R. No, L-3047, 16 May 1951)
38672, 27 October 1933)

● Meaning of “cohabit” under Art. 334, RPC

● Difference between pardon from consent in
○ It should be construed to mean "to
cases of concubinage and adultery; effect of
dwell or live together as husband
either to the accused
and wife; to live together as
○ The rule on pardon is found on
husband and wife although not
Article 344 of the RPC which
legally married; to live together in
provides that the crime of adultery
the same house, claiming to be
and concubinage shall not be
married; to live together at bed and
prosecuted except upon a
board." (People v. Pitoc, G.R. No.
complaint filed by the offended
18513, 18 September 1922)
spouse. The offended party cannot
institute criminal prosecution
● Two (2) modes of committing rape
without impleading both parties, if
1. By Sexual Intercourse

Page 79 of 86
 ● That the offender is a person; committed by any of the following
● That the offender had carnal means:
knowledge of another person; and a. By inserting his penis into
● That such act is accomplished another person’s mouth or anal
under any of the following orifice; or
circumstances: b. By inserting any instrument or
a. By using force, threat, or object into the genital or anal
intimidation; orifice of another person.
b. When the offended party is c. That the act of sexual assault is
deprived by reason or otherwise accomplished under any of the
unconscious; following circumstances:
c. By means of fraudulent i. By using force or
machination or grave abuse of intimidation;
authority; or ii. When the woman is deprived
d. When the offended party is of reason or otherwise
under sixteen (16) years of age or is unconscious; or
demented, even though none of the iii. By means of fraudulent
circumstances mentioned above be machination or grave abuse of
present: Provided, That there shall authority; or
be no criminal liability on the part iv. When the woman is under
of a person having carnal 12 years of age or demented.
knowledge of another person under (Art. 266-A)
sixteen (16) years of age when the
age difference between the parties ● Effect of pardon by the offended party in
is not more than three (3) years, and rape cases
the sexual act in question is proven ○ GEN: The subsequent valid
to be consensual, non-abusive, and marriage between the offended
non-exploitative: Provided, further, party shall extinguish the criminal
That if the victim is under thirteen action or the penalty imposed. In
(13) years of age, this exception case it is the legal husband who is
shall not apply. Non-abusive shall the offender, the subsequent
mean the absence of undue forgiveness by the wife as the
influence, intimidation, fraudulent offended party shall extinguish the
machinations, coercion, threat, criminal action or the penalty.
physical, sexual, psychological, or ○ EXP: The crime shall not be
mental injury or maltreatment, extinguished or the penalty shall
either with intention or through not be abated if the marriage is void
neglect, during the conduct of ab initio. (Art. 266-C, RPC, as
sexual activities with the child amended by R.A. No. 8353)
victim. On the other hand, non-
exploitative shall mean there is no 1. ANTI-PHOTO AND VIDEO VOYEURISM
actual or attempted act or acts of ACT OF 2009 (R.A. No. 9995)
unfairly taking advantage of the
child's position of vulnerability, ● Photo or video voyeurism, defined
differential power, or trust during ○ It is the act of:
the conduct of sexual activities. 1. taking photo or video coverage
2. By Sexual Assault of a person or group of persons
● That the offender commits an act of performing sexual act or any
sexual assault; similar activity;
● That the act of sexual assault is 2. capturing an image of the

Page 80 of 86
 private area of a person or
persons without the latter's
consent, under circumstances
in which such person/s
has/have a reasonable
expectation of privacy; or
3. selling, copying, reproducing,
broadcasting, sharing, showing
or exhibiting the photo or video
coverage or recordings of such
sexual act or similar activity
through VCD/DVD, internet,
cellular phones and similar
means or device without the
written consent of the person/s
involved, notwithstanding that
consent to record or take photo
or video coverage of same was
given by such person/s. (Sec.
3(d), R.A. No. 9995)
● Meaning of “under circumstances in which
a person has a reasonable expectation of
privacy”
○ It means that the person believes
that he/she could disrobe in
privacy, without being concerned
that an image or a private area of
the person was being captured; or
circumstances in which a 7610, AS AMENDED)
reasonable person would believe
that a private area of the person
would not be visible to the public,
regardless of whether that person is
in a public or private place. (Sec.
3(f), R.A. No. 9995)
● Prohibited Acts (Sec. 4, R.A. No. 9995)
a. To take photo or video coverage of a
person or group of persons performing
sexual act or any similar activity or to
capture an image of the private area of
a person/s such as the naked or
undergarment clad genitals, public
area, buttocks or female breast without
the consent of the person/s involved
and under circumstances in which the
person/s has/have a reasonable
expectation of privacy;
b. To copy or reproduce, or to cause to be
copied or reproduced, such photo or
video or recording of sexual act or any
similar activity with or without
consideration;
c. To sell or distribute, or cause to be sold
or distributed, such photo or video or
recording of sexual act, whether it be the
original copy or reproduction thereof;
or
d. To publish or broadcast, or cause to be
published or broadcast, whether in
print or broadcast media, or show or
exhibit the photo or video coverage or
recordings of such sexual act or any
similar activity through VCD/DVD,
internet, cellular phones and other
similar means or device.
● NOTE: The crimes under (b), (c), and (d)
are committed even if the person
consented the recording or taking of the
photo. (Sec. 4 last paragraph, R.A. No.
9995) Consent to take a photo or video
is not equal to consent to copy,
reproduce, publish, sell, or distribute
the photo or video.
2. SPECIAL PROTECTION OF CHILDREN
AGAINST CHILD ABUSE, EXPLOITATION,
AND DISCRIMINATION ACT (R.A. No.
● Child Prostitution and Other Acts of Abuse (Sec.
5, R.A. No. 7610, as amended by R.A. No. 11648)
a. Those who engage in or promote, facilitate
or induce child prostitution which include,
but are not limited to, the following:
1. Acting as a procurer of a child
prostitute;
2. Inducing a person to be a client of a
child prostitute by means of written or
oral advertisements or other similar
means;
3. Taking advantage of influence or
relationship to procure a child as
prostitute;
4. Threatening or using violence towards
a child to engage him as a prostitute; or
5. Giving monetary consideration goods
or other pecuniary benefit to a child
with intent to engage such child in
Page 81 of 86
 prostitution.
other R.A. No. its
b. Those who commit the act of sexual sexual 7610: medium
intercourse or lascivious conduct with a abuse reclusion period to
child exploited in prostitution or subjected temporal reclusion
to other sexual abuse: Provided, That when in its perpetua
the victim is under sixteen (16) years of age, medium
period
the perpetrators shall be prosecuted under
Article 335, paragraph 2, for rape and Sexual Sexual Lascivious Not
Article 336 of Act No. 3815, as amended, Assault Assault Conduct applicable
otherwise known as "The Revised Penal committe under under
Code", for rape, or lascivious conduct, as the d against Article Section
children 266-A(2) 5(b) of
case may be: Provided, That the penalty for
exploited of the RPC R.A. No.
lascivious conduct when the victim is under
in in relation 7610:
sixteen (16) years of age shall be reclusion prostituti to Section reclusion
perpetua in its medium period; and on or 5(b) temporal
c. Those who derive profit or advantage other of R.A. in
therefrom, whether as manager or owner of sexual No. 7610: its
the establishment where the prostitution abuse reclusion medium
temporal period to
takes place, or of the sauna, disco, bar,
in its reclusion
resort, place of entertainment or
medium perpetua
establishment serving as a cover or which period
engages in prostitution in addition to the
activity for which the license has been Sexual Rape Sexual Not
Intercours under Abuse applicable
issued to said establishment.
e Article under
committe 266- Section
● Compare Prosecution for Acts of d against A(1) of the 5(b) of
Lasciviousness Under Art. 336, RPC, and children RPC: R.A.
R.A. No. 7610, as amended exploited reclusion No. 7610:
in perpetua, reclusion
prostituti except temporal
Under 16 16 years 18 years on or when in its
years old old or old other the victim medium
or below and above sexual is below 7 period to
demented 18, or 18 abuse years reclusion
(As under old in perpetua
amended special which
by R.A. circumsta case death
No. 11648) nces penalty
shall be
imposed
Crime
Committe Nomenclature of Crime Rape by Rape Rape Rape
d carnal under under under
knowledg Article Article Article
Acts of Acts of Lascivious Not
e 266- 266-A(1) 266-
Lasciviou Lascivious conduct applicable
A(1) in in relation A(1) of the
sness ness under
relation to to RPC:
committe under Section
Art. 266- Art. 266-B reclusion
d against Article 336 5(b) of
B of the of the perpetua
children of the R.A. No.
RPC: RPC:
exploited RPC in 7610:
reclusion reclusion
in relation to reclusion
perpetua, perpetua
prostituti Section temporal
except
on or 5(b) of in

Page 82 of 86
 institutions was formerly so well
when
the victim known in Spain. It is in this sense
is below 7 that the word "abandon" is used in
years Art. 347. (Reyes, Book Two, p. 963)
old in
which ● Nullity of a marriage may be used as a
case death
defense in bigamy
penalty
○ The requirement of prior judicial
shall be
imposed declaration of nullity of a previous
marriage “is merely for purposes of
Rape by Sexual Lascivious Sexual remarriage and does not affect the
sexual Assault Conduct Assault
accused’s right to collaterally attack
assault under under under
the validity of the void ab initio
Article Section Article
266-A(2) 5(b) of 266- marriage in a criminal prosecution
of the RPC R.A. No. A(2) of the for bigamy. “Therefore, the current
in relation 7610: RPC: rule is that the nullity of the
to Section reclusion prision previous marriage may be used as a
5(b) temporal mayor defense in bigamy cases, despite the
of R.A. in
lack of a prior judicial declaration to
No. 7610: its
that effect. (Pulido v. People, G.R. No.
reclusion medium
temporal period to 220149, 27 July 2021)
in its reclusion
medium perpetua
M. CRIMES AGAINST HONOR (ARTS. 353-364)
period

● Elements of defamation under Art. 353

1. That there must be an imputation of a
L. CRIMES AGAINST THE CIVIL STATUS OF crime, or of a vice or defect, real or
PERSONS (ARTS. 347-352) imaginary, or any act, omission, status,
or circumstances; (defamatory
● Documents involved in Art. 347 cases imputation)
○ Simulation of birth must be made in 2. That the imputation must be made
the record of birth; if in another publicly; (publicity)
document, the crime is falsification. 3. That it must be malicious; (malice)
(Boado, p. 973) 4. That the imputation must be directed to
a natural or juridical person, or one who
● Abandonment of a legitime child under Art. is dead; and (identifiability of the
347 victim)
○ Abandonment must be done with 5. That the imputation must tend to cause
the intention of making the child the dishonor, discredit, or contempt of
lose his civil status, that is, his the person defamed. (Reyes, Book Two, p.
inherent rights as a legitimate child. 982)
(see US v. Saturnino Capillo, G.R. No.
9279, 25 March 1915) ● In libel, it is not necessary for the defendant
to impute something wrong to the
● Meaning of the word “abandon” in Art. 347 complainants in certain and express terms.
○ The practice of abandoning new- ○ Words calculated to induce
born infants and very young suspicion are sometimes more
children at the door of hospitals, effective to destroy reputation than
churches and other religious false charges directly made. Ironical

Page 83 of 86
 and metaphorical language is a
favored vehicle for slander. A
charge is sufficient if the words are
calculated to induce the hearers to
suppose and understand that the
person or persons against whom
they were uttered were guilty of
certain offenses, or are sufficient to
impeach their honesty, virtue, or
reputation, or to hold the person or
persons up to public ridicule. (US v.
O’Connell, G.R. No. 13173, 11 March
1918)
● The expression “putang ina mo” is not
defamatory
○ The expression “putang ina mo” is
a common enough utterance in the
dialect that is often employed, not
really to slander but rather to
express anger or displeasure. In
fact, more than often, it is just an
expletive that punctuates one's
expression of profanity. (Pader v.
People, G.R. No. 139157, 8 February
2000)
● Requirements for the truth of a defamatory
statement to become a valid defense against
libel
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. (Art. 354,
RPC)
3. Fair commentaries on matters of public
interest. (Flor v. People, G.R. No. 139987,
31 March 2005)
● Doctrine of fair comment, defined
○ The doctrine of fair comment means
that while in general every
discreditable imputation publicly
made is deemed false, because
every man is presumed innocent
until his guilt is judicially proved,
and every false imputation is
deemed malicious, nevertheless,
when the discreditable imputation
is directed against a public person
in his public capacity, it is not
necessarily actionable.
○ In order that such discreditable
imputation to a public official may
be actionable, it must either be a
false allegation of fact or a comment
based on a false supposition. If the
comment is an expression of
opinion, based on established facts,
then it is immaterial that the
opinion happens to be mistaken, as
long as it might reasonably be
inferred from the facts. (Manila
Bulletin v. Domingo, G.R. No. 170341,
5 July 2017)
● Self-defense as a valid defense in libel
○ Once the aspersion is cast, its sting
clings and the one thus defamed
may avail himself of all necessary
means to shake it off. He may hit
back with another libel which, if
adequate, will be justified. (People v.
Chua Hiong, CA 51 OG 1932)
○ NOTE: The libel made in self-
defense must be a fair answer and
in relation to the imputations made
against the defendant. It should not
be unnecessarily libelous. (Reyes,
Book Two, p. 1010)
● No requirement that the slanderous words
be heard by the offended party
○ There is oral defamation even if
other persons and not the offended
party heard the slanderous words,
because a man's reputation is the
estimate in which others hold him,
not the good opinion which he has
of himself. (Reyes, Book Two, p. 1022,
citing People v. Clarin, CA, 37 O.G.
1106; People v. Atencio, CA-G.R. Nos.
Page 84 of 86
 11351-R to 11353-R, 14 Dec. 1954) (Par. 3)
4. By causing through simple imprudence
● Difference between intriguing against or negligence some wrong which, if
honor and slander done maliciously, would have
○ In intriguing against honor, the constituted a light felony. (Par. 4)
source or author of the derogatory
information cannot be determined ● Difference between reckless imprudence
and the defendant borrows the and simple imprudence
same and, without subscribing to ○ Reckless imprudence consists in
the truth thereof, passes it to others. voluntarily, but without malice, doing
○ On the other hand, in slander, the or failing to do an act from which
source of information can be material damage results by reason of
pinpointed and definitely inexcusable lack of precaution on the
determined and the defendant, part of the person performing or failing
adopting as his own the to perform such act, taking into
information he has obtained, passes consideration:
the same to another for the purpose 1. his employment or occupation;
of causing dishonor to 2. his degree of intelligence;
complainant’s reputation. (see 3. his physical condition; and
Reyes, Book Two, p. 1041) 4. other circumstances regarding
persons, time and place.
1. CYBERCRIME PREVENTION ACT OF 2012 (Pangonorom v. People, G.R. No.
(R.A. No. 10175) 143380, 11 April 2005)
○ On the other hand, simple imprudence
● Libel is a cybercrime offense under R.A. No. consists in the lack of precaution
10175 displayed in those cases in which the
○ R.A. No. 10175 punishes the unlawful or damage impending to be caused is not
prohibited acts of libel as defined in Article immediate nor the danger clearly
355 of the Revised Penal Code, as amended, manifest. (Art. 365, RPC)
committed through a computer system or
any other similar means which may be ● Test of negligence
devised in the future. (Sec. 4(c)(4), R.A. No. ○ Conduct is said to be negligent
10175) when a prudent man in the position
of the tortfeasor would have

N. CRIMINAL NEGLIGENCE (ARTICLE 365) foreseen that an effect harmful to

another was sufficiently probable to
warrant his foregoing conduct or
● Ways by which quasi-offenses can be
guarding against its consequences.
committed under Art. 365
(Picart v. Smith, G.R. No, L-12219, 15
1. By committing through reckless
March 1918)
imprudence any act which, had it been
intentional, would constitute a grave or
● The allegation that a defendant committed
less grave felony or light felony. (Par. 1)
the acts charged unlawfully and criminally
2. By committing through simple
includes the charge that he acted with
imprudence or negligence an act which
negligence
would otherwise constitute a grave or a
○ Reckless imprudence is not a crime
less serious felony. (Par. 2)
in itself. It is simply a way of
3. By causing damage to the property of
committing it and merely
another through reckless imprudence
determines a lower degree of
or simple imprudence or negligence.
criminal liability. Negligence being

Page 85 of 86
a punishable criminal act when it
results in a crime, the allegation in
the information that the appellant
also committed the acts charged
unlawfully and criminally includes
the charge that he acted with
negligence. (People v. Faller, G.R. No.
45964, 26 April 1939)

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