REVISED PENAL CODE OF THE PHILIPPINES

Book Two
CRIMES AND
PENALTIES
CRIMES AGAINST NATIONAL SECURITY
Art. 114. Treason_______________________________________________________1
Art. 115. Conspiracy and proposal to commit treason.__________________________1
Art. 116. Misprision of Treason.___________________________________________1
Art. 117. Espionage.____________________________________________________2
Art. 118. Inciting to war or giving motives for reprisals_________________________2
Art. 119. Violation of neutrality.___________________________________________2
Art. 120. Correspondence with hostile country________________________________3
Art. 121. Flight to enemy’s country.________________________________________3
Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters______3
Piracy under PD 532 (Anti-Piracy and Anti-Robbery Law): Punishes piracy
committed in Philippine waters only________________________________________3
Art. 123. Qualified Piracy________________________________________________3
Anti–Hijacking Law (An Act Prohibiting Certain Acts inimical to Civil Aviation RA
6235).________________________________________________________________4
Art. 124. Arbitrary Detention._____________________________________________5
Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. 5
Art. 126. Delaying release________________________________________________6
Art. 127. Expulsion_____________________________________________________6
Art. 128. Violation of domicile____________________________________________6
Art. 129. Search warrants maliciously obtained, and abuse in the service of those
legally obtained________________________________________________________7
Art. 130. Searching domicile without witnesses_______________________________7
Art. 131. Prohibition, interruption, and dissolution of peaceful meetings.___________7
Art. 132. Interruption of religious worship___________________________________8
Art. 133. Offending the religious feelings____________________________________8
Act Defining the Rights of Person Arrested, Detained or Under Custodial
Investigation (RA 7438)_________________________________________________8
i
Anti–Torture Act of 2009 (RA 9745)______________________________________11

ii
Anti–Photo and Video Voyeurism Act of 2009 (RA 9995)_____________________15
Data Privacy Act of 2012 (R.A. 10173)____________________________________17
Art. 134. Rebellion or insurrection.________________________________________20
The Anti–Terrorism Act of 2020 (R.A. No. 11479)___________________________21
Art. 134-A. Coup d’ etat.________________________________________________22
Art. 136. Conspiracy and proposal to commit coup d’etat, rebellion, or insurrection.
23 Art. 137. Disloyalty of public officers or employees.________________________23
Art. 138. Inciting to rebellion or insurrection________________________________23
Art. 139. Sedition______________________________________________________23
Art. 140. Penalty for sedition.____________________________________________24
Art. 141. Conspiracy to commit sedition____________________________________24
Art. 142. Inciting to sedition_____________________________________________24
Art. 143. Acts tending to prevent the meeting of the national assembly and similar
bodies_______________________________________________________________25
Art. 144. Disturbance of proceedings.______________________________________25
Art. 145. Violation of parliamentary immunity_______________________________25
Art. 146. Illegal assemblies______________________________________________26
Art. 147. Illegal associations_____________________________________________27
Art. 148. Direct assaults.________________________________________________27
Art. 149. Indirect assaults._______________________________________________28
Art. 150. Disobedience to summons issued by the National Assembly, its committees
or subcommittees, by the Constitutional Commissions, its committees or
subcommittees or divisions______________________________________________28
Art. 151. Resistance and disobedience to a person in authority or the agents of such
person_______________________________________________________________28
Art. 152. Persons in authority and agents of persons in authority_________________29
Art. 153. Tumults and other disturbances of public order______________________30
Art. 154. Unlawful use of means of publication and unlawful utterances.__________30
Art. 155. Alarms and scandals____________________________________________31
Art. 156. Delivering prisoners from jail.____________________________________31
Art. 157. Evasion of service of sentence____________________________________31
Art. 158. Evasion of service of sentence on the occasion of disorders, conflagrations,
earthquakes, or other calamities.__________________________________________31
Art. 159. Other cases of evasion of service of sentence (Conditional Pardon)_______32

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Art. 160. Commission of another crime during service of penalty imposed for another
previous offense (Quasi-Recidivism).______________________________________32
An Act Providing for a Comprehensive Law on Firearms and Ammunition and
Providing Penalties for Violations Thereof (R.A. 10591)_______________________32
Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders (P.D.
1829)_______________________________________________________________35
Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands,
forging the signature or stamp of the Chief Executive._________________________37
Art. 162. Using forged signature or counterfeit seal or stamps___________________37
Art. 163. Making and importing and uttering false coins_______________________37
Art. 164. Mutilation of coins_____________________________________________37
Art. 165. Selling of false or mutilated coin, without connivance._________________37
Art. 166. Forging treasury or bank notes or other documents payable to bearer;
importing, and uttering such false or forged notes and documents; importing, and
uttering such false or forged notes and documents____________________________38
Art. 167. Counterfeiting, importing, and uttering instruments not payable to bearer. 38
Art. 168. Illegal possession and use of false treasury or bank notes and other
Instruments of credit.___________________________________________________38
Art. 169. How forgery is committed_______________________________________38
Art. 170. Falsification of legislative documents______________________________39
Art. 171. Falsification by public officer, employee or notary or ecclesiastical minister.
39
Art. 172. Falsification by private individuals and use of falsified documents_______40
Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use
of said falsified messages._______________________________________________41
Art. 174. False medical certificates, false certificates of merits or service, etc.______42
Art. 175. Using false certificates__________________________________________42
Art. 176. Manufacturing and possession of instruments or implements for falsification.
42
Art. 177. Usurpation of authority or official functions_________________________43
Art. 178. Using fictitious name and concealing true name______________________43
Art. 179. Illegal use of uniforms or insignia_________________________________43
Art. 180. False testimony against a defendant________________________________44
Art. 181. False testimony favorable to the defendants._________________________44
Art. 182. False testimony in civil cases_____________________________________44

iv
Art. 183. False testimony in other cases and Perjury in solemn affirmation (Perjury).
44
Art. 184. Offering false testimony in evidence_______________________________44
Art. 185. Machinations in public auctions__________________________________45
Art. 186. Monopolies and combinations in restraint of trade.____________________45
Art. 187. Importation and disposition of falsely marked articles or merchandise made
of gold, silver, or other precious metals or their alloys_________________________46
Anti–Alias Law (C.A. NO. 142), as amended by RA 6085, An Act Regulating the Use
of Aliases____________________________________________________________46
Access Devices Regulation Act of 1998 (R.A. 8484)__________________________47
Anti–Camcording Act of 2010 (R.A. 10088)________________________________48
Anti–Drunk and Drugged Driving Act of 2013 (R.A. 10586)____________________49
An Act Defining Cybercrime, Providing for The Prevention, Investigation,
Suppression and The Imposition of Penalties Therefor and for Other Purposes (R.A.
10175)______________________________________________________________51
Art. 188. Substituting and altering trademarks, trade names, or service marks.______55
Art. 189. Unfair competition, fraudulent registration of trade name, trademark, or
service mark, fraudulent designation of origin, and false description______________55
Comprehensive Dangerous Drugs Act Of 2002 (R.A. 9165)____________________55
Art. 200. Grave scandal_________________________________________________61
Art. 201. Immoral doctrines, obscene publications and exhibitions, and indecent
shows as amended by PD 969____________________________________________61
Art. 202. Vagrants and prostitutes_________________________________________62
Art. 203. Who are public officers._________________________________________63
Art. 204. Knowingly rendering unjust judgment______________________________63
Art. 205. Judgment rendered through negligence_____________________________63
Art. 206. Unjust interlocutory order._______________________________________64
Art. 207. Malicious delay in the administration of justice.______________________64
Art. 208. Prosecution of offenses; negligence and tolerance.____________________64
Art. 209. Betrayal of trust by an attorney or solicitor – Revelation of secrets._______64
Art. 210. Direct Bribery_________________________________________________65
Art. 211. Indirect bribery________________________________________________65
Art. 211-A. Qualified bribery.____________________________________________65
Art. 212. Corruption of public officials_____________________________________66

v
Anti-Torture Act (R.A. 9745)____________________________________________66
Art. 213. Frauds against the Public Treasury and Similar Offenses_______________69
Art. 214. Other Frauds__________________________________________________69
Art. 215. Prohibited Transactions._________________________________________70
Art. 216. Possession of Prohibited Interest by a Public Officer.__________________70
Art. 217. Malversation of Public Funds or Property___________________________70
Art. 218. Failure of Accountable Officer to Render Accounts___________________71
Art. 219. Failure of Responsible Public Officer to Render Accounts Before Leaving
the Country.__________________________________________________________71
Art. 220. Illegal Use of Public Funds or Property (Technical Malversation)________71
Art. 221. Failure to Make Delivery of Public Funds or Property._________________71
Art. 222. Officers Included in Preceding Provisions___________________________72
Art. 223. Conniving with or Consenting to Evasion___________________________72
Art. 224. Evasion through Negligence._____________________________________72
Art. 225. Escape of Prisoner Under the Custody of Person Not a Public Officer_____72
Art. 226. Removal, Concealment or Destruction of Document.__________________73
Art. 227. Officer Breaking Seal___________________________________________73
Art. 228. Opening of Closed Document.____________________________________73
Art. 229. Revelation of Secrets by an Officer________________________________73
Art. 230. Public Officer Revealing Secrets of Private Individual_________________74
Art. 231. Open Disobedience.____________________________________________74
Art. 232. Disobedience to the Order of Superior Officer When Said Order was
Suspended by Inferior Officer____________________________________________74
Art. 233 Refusal of Assistance.___________________________________________75
Art. 234. Refusal to Discharge Elective Office_______________________________75
Art. 235. Maltreatment of Prisoners._______________________________________75
Art. 236. Anticipation of Duties of Public Office_____________________________75
Art. 237 Prolonging Performance of Duties and Powers._______________________76
Art. 238 Abandonment of Office or Position.________________________________76
Art. 239. Usurpation of Legislative Powers._________________________________76
Art. 240. Usurpation of Executive Functions.________________________________76
Art. 241. Usurpation of Judicial Functions__________________________________77
Art. 242. Disobeying Request for Disqualification____________________________77

vi
Art. 243. Orders or Requests by Executive Officers to any Judicial Authority.______77
Art. 244. Unlawful Appointments_________________________________________77
Art. 245. Abuses of Chastity_____________________________________________77
Anti-Graft and Corrupt Practices Act. (R.A. NO. 3019 as amended by R.A. 3047, P.D.
No. 77 and B.P. 195)___________________________________________________78
An Act Defining and Penalizing The Crime Of Plunder (R.A. 7080)______________78
An Act to Improve Efficiency in the Delivery of Government Service to the Public by
Reducing Bureaucratic Red Tape, Preventing Graft and Corruption, and Providing
Penalties Therefor._____________________________________________________80
Art. 246. Parricide_____________________________________________________81
Art. 247. Death or Physical Injuries Inflicted Under Exceptional Circumstances.____81
Art. 248. Murder.______________________________________________________82
Art. 249. Homicide.____________________________________________________82
Art. 250. Penalty for Frustrated, Parricide, Murder, or Homicide.________________82
Art. 251. Death Caused in a Tumultuous Affray______________________________83
Art. 252. Physical Injuries Inflicted in a Tumultuous Affray____________________83
Art. 253. Giving Assistance to Suicide_____________________________________83
Art. 254. Discharge of Firearms/ Illegal Discharge of Firearms__________________83
Art. 255. Infanticide____________________________________________________83
Art. 256. Intentional Abortion____________________________________________83
Art. 257. Unintentional Abortion._________________________________________84
Art. 258. Abortion Practiced by the Woman Herself or by Her Parents____________84
Art. 260. Responsibility of Participants in a Duel_____________________________85
Art. 261. Challenging to a Duel___________________________________________85
Art. 262. Mutilation____________________________________________________85
Art. 263. Serious Physical Injuries.________________________________________86
Art. 264. Administering Injurious Substances or Beverages.____________________87
Art. 265. Less serious physical injuries_____________________________________87
Art. 266. Slight Physical Injuries and Maltreatment___________________________87
Art. 266–A: Rape______________________________________________________88
Art. 266–C. Effect of Pardon_____________________________________________90
Anti–Violence Against Women and Their Children Act of 2004 (RA 9262)________93
Anti–Child Pornography Act of 2009 (RA 9775)_____________________________95

vii
Anti–Hazing Law (R.A. 8049)___________________________________________97
Anti–Child Abuse Act (R.A. 7610)________________________________________98
An Act Defining and Penalizing Enforced or Involuntary Disappearance (R.A 10353)
101
Juvenile Justice and Welfare Act (R.A. 9344)_______________________________103
Art. 267. Kidnapping and Serious Illegal Detention__________________________104
Art. 268. Slight illegal detention_________________________________________104
Art. 269. Unlawful arrest_______________________________________________105
Art. 270. Kidnapping and failure to return a minor___________________________105
Art. 271. Inducing A Minor to Abandon His Home__________________________105
Art. 272. Slavery_____________________________________________________105
Art. 273. Exploitation of Child Labor_____________________________________106
Art. 274. Services Rendered Under Compulsion in Payment of Debt.____________106
Art. 275. Abandonment of Persons in Danger and Abandonment of One’s Own
Victim._____________________________________________________________106
Art. 276. Abandoning a Minor.__________________________________________107
Art. 277. Abandonment of Minor by Person Entrusted with his Custody; Indifference
of Parents___________________________________________________________107
Art. 278. Exploitation of minors_________________________________________108
Art. 279. Additional penalties for other offenses.____________________________108
Art. 280. Qualified trespass to dwelling.___________________________________108
Art. 281. Other forms of trespass.________________________________________109
Art. 282. Grave threats.________________________________________________109
Art. 290. Discovering secrets through seizure of correspondence._______________113
Art. 291. Revealing secrets with abuse of office_____________________________113
Art. 292. Revelation of industrial secrets.__________________________________114
Anti–Wire Tapping Law (R.A. 4200)_____________________________________114
Art. 293. Who are Guilty of Robbery._____________________________________115
Art. 294. Robbery with Violence Against or Intimidation of Persons____________115
Art. 295. Robbery with Physical Injuries, Committed in an Uninhabited Place and by
a Band._____________________________________________________________116
Art. 296. Definition of a band and penalty incurred by members thereof._________116
Art. 297. Attempted and Frustrated Robbery Committed Under Certain
Circumstances_______________________________________________________117

viii
Art. 298. Execution of deeds by means of violence or intimidation______________117
Art. 299. Robbery in an Inhabited House or Public Building or Edifice Devoted to
Worship____________________________________________________________117
Art. 300. Robbery in an Uninhabited Place and by a Band_____________________118
Art. 301. What is an Inhabited House, Public Building or Building Dedicated to
Religious Worship and Their Dependencies. —_____________________________118
Art. 302. Robbery in an Uninhabited Place or in a Private Building._____________118
Art. 303. Robbery of Cereals, Fruits, or Firewood in an Uninhabited Place or Private
Building____________________________________________________________119
Art. 304. Possession of Picklocks or Similar Tools.__________________________119
Art. 305. False Keys.__________________________________________________119
Art. 306. Who are Brigands_____________________________________________120
The Anti–Highway Robbery Law of 1974 (PD 532)_________________________120
Art. 307. Aiding and Abetting a Band of Brigands___________________________120
Art. 308. Who are Liable for Theft_______________________________________121
Art. 309. Penalties____________________________________________________121
Art. 310. Qualified Theft_______________________________________________122
Art. 311. Theft of the Property of the National Library and National Museum. If the
property stolen be any property of the National Library or of the National Museum:
123
Art. 312. Occupation of Real Property or Usurpation of Real Rights in Property. _ 123
Art. 313. Altering Boundaries or Landmarks._______________________________123
Art. 314. Fraudulent Insolvency._________________________________________123
Art. 315. Swindling (Estafa)____________________________________________124
Art. 316. Other Forms of Swindling______________________________________126
Art. 317. Swindling a Minor____________________________________________127
Art. 318. Other Deceits.________________________________________________128
Art. 319. Removal, Sale or Pledge of Mortgaged Property.____________________128
Art. 327. Who are Liable for Malicious Mischief____________________________130
Art. 328. Special Cases of Malicious Mischief______________________________130
Art. 329. Other Mischiefs.______________________________________________130
Art. 330. Damages and Obstruction to Means of Communication_______________131
Art. 331. Destroying or Damaging Statues, Public Monuments or Paintings_______131
Art. 332: Persons exempt from criminal liability____________________________131

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Anti–Cattle Rustling (PD 593)__________________________________________132
Anti–Fencing Law (P.D. 1612)__________________________________________132
Bouncing Checks Law (BP 22)__________________________________________132
New Anti–Carnapping Act of 2016 (R.A. 10883)____________________________133
Anti–Arson Law (PD 1613, as amended by PD 1744)________________________133
Art. 333. Who are guilty of adultery______________________________________135
Art. 334. Concubinage_________________________________________________135
Art. 334. When and how rape is committed________________________________136
Art. 336. Acts of lasciviousness._________________________________________136
Art. 337. Qualified seduction.___________________________________________136
Art. 338. Simple seduction._____________________________________________137
Art. 339. Acts of lasciviousness with the consent of the offended party.__________137
Art. 340. Corruption of minors. (as amended by B.P. 92)._____________________137
Art. 341. White slave trade. (as amended by B.P. 186)._______________________138
Art. 342. Forcible abduction.____________________________________________138
Art. 343. Consented abduction.__________________________________________138
Art. 344. Prosecution of the Crimes of Adultery, Concubinage, Seduction, Abduction,
and Acts of Lasciviousness_____________________________________________139
Art. 345. Civil Liability of Persons Guilty of Crimes against Chastity.___________139
Art. 346. Liability of Ascendants, Guardians, Teachers, or Other Persons Entrusted
with Custody of Offended Party Provision is applicable to the following crimes: _ 140
Human Security Act of 2007 (RA 9372)___________________________________140
Art. 347. Simulation of births, substitution of one child for another, and concealment
of abandonment of a legitimate child._____________________________________141
Art. 348. Usurpation of civil status_______________________________________141
Art. 349. Bigamy_____________________________________________________141
Art. 350. Marriages contracted against the provisions of the laws_______________142
Art. 351. Premature marriage.___________________________________________142
Art. 352. Performance of illegal marriage ceremony._________________________142
Art. 353. Definition of Libel____________________________________________143
Art. 354. Requirement of publicity_______________________________________144
Art. 355. Libel by means of writings or similar means________________________144
Art. 356. Threatening to publish and offer to prevent such publication for a_______144

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Art. 357. Prohibited publication of acts referred to in the course of official
proceedings._________________________________________________________145
Art. 358. Slander_____________________________________________________145
Art. 359. Slander by deed.______________________________________________145
Art. 360. Persons responsible____________________________________________145
Art. 361. Proof of truth________________________________________________146
Art. 362. Libelous remarks_____________________________________________146
Art. 363. Incriminating innocent persons__________________________________146
Art. 364. Intriguing against honor________________________________________146
Art. 365. Imprudence and negligence_____________________________________147

xi
 REVISED PENAL CODE OF THE PHILIPPINES

Book Two
CRIMES AND
PENALTIES

Title One
CRIMES AGAINST NATIONAL SECURITY AND
THE LAW OF NATIONS

Chapter One
CRIMES AGAINST NATIONAL SECURITY

Art. 114. Treason.

Elements:
1) Offender is a Filipino citizen or a resident alien;
2) There is war in which the Philippines is involved; and
3) Offender either:
a) levies war against the government, or
b) adheres to the enemies by giving them aid or comfort.

Art. 115. Conspiracy and proposal to commit treason.

Elements of conspiracy to commit treason:
1) There is war in which the Philippines is involved;
2) At least two (2) persons come to an agreement to –
a) levy war against the government, or
b) adhere to the enemies by giving them aid or comfort.
3) They decide to commit it.
Elements of proposal to commit treason:
1) There is war in which the Philippines is involved;
2) At least one (1) person decides to –
a) levy war against the government, or
b) adhere to the enemies by giving them aid or comfort 3) He
proposes its execution to some other persons.

Art. 116. Misprision of Treason.

Elements:
1) Offender owes allegiance to the Government, and is not a foreigner;
2) He has knowledge of conspiracy to commit treason against the
Government; and

1
 3) He conceals or does not disclose and make known the same as soon
as possible to the governor or fiscal of the province, or the mayor or
fiscal of the city in which he resides.

Art. 117. Espionage.

Two ways of committing espionage:
1) By entering, without authority therefor, a warship, fort, or naval or
military establishment or reservation to obtain any information,
plans, photographs, or other data of a confidential nature relative to
the defense of the Philippines;
Elements:
a) Offender enters any of the places mentioned therein;
b) He has no authority thereof; and
c) His purpose is to obtain information, plans,
photographs or other data of confidential nature,
relative to the defense of the Philippines.
2) By disclosing to the representative of a foreign nation the contents of
the articles, data or information referred in par. 1 of Article 117,
which he had in possession by reason of the public office he holds.
Elements:
a) Offender is a public officer;
b) He has he has in his possession the article, data, or
information referred to in par. 1, by reason of the
public office he holds; and
c) He discloses their contents to a representative of a
foreign nation.

Art. 118. Inciting to war or giving motives for reprisals.

Elements:
1) Offender performs unlawful or unauthorized acts; and
2) Said acts provoke or give occasion for –
a) a war involving or liable to involve the Philippines, or
b) expose Filipino citizens to reprisal on their persons or property.

Art. 119. Violation of neutrality.

Elements:
1) There is a war in which the Philippines is not involved; and
2) There is a regulation issued by a competent authority for the purpose
of enforcing neutrality; and
3) Offender violates such regulation.

2
Art. 120. Correspondence with hostile country.
Elements:
1) It is made in time of war in which the Philippines is involved;
2) Offender makes correspondence with an enemy country or territory
occupied by enemy troops; and
3) The correspondence is either—
a) prohibited by the government, or
b) carried on in ciphers or conventional signs, or
c) containing notice or information which might be useful to the
enemy.

Art. 121. Flight to enemy’s country.

Elements:
1) There is a war in which the Philippines is involved;
2) Offender owes allegiance to the Government;
3) Offender attempts to flee or go to the enemy country; and
4) Going to the enemy country is prohibited by a competent authority.

Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters.
Elements of Piracy:
1) The vessel is on the high seas or on Philippine waters;
2) Offenders are NOT members of its complement or passengers of the
vessel; and
3) Offenders either—
a) attack or seize that vessel, or
b) seize the whole or part of the cargo of said vessel, its
equipment or personal belongings of its complement or
passengers.

Piracy under PD 532 (Anti-Piracy and Anti-Robbery Law): Punishes piracy

committed in Philippine waters only.
Offenders:
Any person (passenger, crew or stranger)
Elements of Mutiny:
1) The vessel is on the high seas or on Philippine waters;
2) Offenders are members of the complement or passengers of the
vessel; and
3) Offenders raise a commotion or disturbance on board the ship
against the lawful command of the captain or the commander of the
ship.

Art. 123. Qualified Piracy.

3
Qualifying circumstances:

4
 1) Whenever the offenders have seized a vessel by boarding or firing
upon the same;
2) Whenever the pirates have abandoned their victims without means of
saving themselves; or
3) Whenever the crime is accompanied by murder, homicide, physical
injuries, or rape.
Qualified Mutiny:
1) Whenever the pirates have abandoned their victims without means of
saving themselves; or
2) Whenever the crime is accompanied by murder, homicide, physical
injuries, or rape.

Anti–Hijacking Law (An Act Prohibiting Certain Acts inimical to Civil Aviation RA
6235).
Punishable acts:
1) To compel a change in the course or destination of an aircraft of
Philippine registry, or to seize or usurp the control thereof, while it is
in flight.
2) To compel an aircraft of foreign registry to land in Philippine
territory or to seize or usurp the control thereof while it is in
Philippine territory.
Aggravating circumstances to nos. 1 and 2:
a) By firing upon the pilot, member of the crew, or passenger
of the aircraft;
b) By exploding or attempting to explode any bomb or
explosive to destroy the aircraft; or
c) Whenever the crime is accompanied by murder, homicide,
serious physical injuries or rape
3) To ship, load, or carry on board a passenger aircraft operating as a
public utility within the Philippines, any explosive, flammable,
corrosive or poisonous substance or material; and
4) To ship, load, or carry on board a cargo aircraft operating as a public
utility within the Philippines, any explosive, flammable, corrosive or
poisonous substance or material, in a manner not in accordance with
the rules and regulations of the Air Transportation Office.

5
 Title Two
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
STATE

Chapter One
ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING,
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL
MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP

Art. 124. Arbitrary Detention.

Elements:
1) Offender is a public officer or employee;
2) Offender detains a person;
3) The detention is without legal grounds.
Legal grounds for the detention of persons:
1) Commission of a crime (by virtue of a warrant of arrest); and
2) Violent insanity or any other ailment requiring compulsory
confinement of the patient in a hospital;
3) Instances of a valid warrantless arrest under Rule 113, Sec. 5 of the
Revised Rules of Court:
a) In flagrante delicto arrest;
b) Hot pursuit arrest; and
c) escaping prisoners

Note: When peace officers act in good faith, even if the aforementioned grounds are
not present, there is no arbitrary detention.

Art. 125. Delay in the delivery of detained persons to the proper judicial authorities.
Elements:
1) Offender is a public officer or employee;
2) He has detained a person for some legal ground;
3) He fails to deliver such person to the proper judicial authorities
within 12, 18 or 36 hours.
a) 12 hours, for crimes or offenses punishable by light penalties,
or their equivalent;
b) 18 hours, for crimes or offenses punishable by correctional
penalties, or their equivalent; and
c) 36 hours, for crimes or offenses punishable by afflictive or
capital penalties or their equivalent.

6
Art. 126. Delaying release.
Elements:
1) Offender is a public officer or employee;
2) There is a judicial or executive order for the release of the prisoner or
detention prisoner, or that there is a proceeding upon a petition for
the liberation of such person; and
3) Offender without good reason delays –
a) the service of notice of such order to the prisoner, or
b) the performance of such judicial or executive order for the
release of the prisoner, or
c) the proceedings upon a petition for the release of such person.

Art. 127. Expulsion.

Elements
1) Offender is a public officer or employee
2) He either –
a) expels any person from the Philippines; or
b) compels a person to change his residence
3) Offender is not authorized to do so by law

Note: No expulsion shall occur in cases of ejectment, expropriation, or when the

penalty of destierro is imposed.

Art. 128. Violation of domicile.

Punishable acts:
1) Entering any dwelling against the will of the owner thereof;
2) Searching papers or other effects found therein without the previous
consent of such owner; or
3) Refusing to leave the premises after having surreptitiously entered
said dwelling and after having been required to leave the same.
Common elements:
a) Offender is public officer or employee; and
b) He is not authorized by judicial order to enter the dwelling
and/or to make a search for papers and for other effects.
Qualifying circumstances:
1) If committed at night time; or
2) If any papers or effects not constituting evidence of a crime are not
returned immediately after the search is made by the offender.

7
Art. 129. Search warrants maliciously obtained, and abuse in the service of those
legally obtained.
Punishable acts:
1) Procuring a search warrant without just cause.
Elements:
a) Offender is a public officer or employee;
b) He procures a search warrant; and
c) There is no just cause.
2) Exceeding his authority or by using unnecessary severity in
executing a search warrant legally procured.
Elements:
a) Offender is a public officer or employee;
b) He has legally procured a search warrant; and
c) He exceeds his authority or uses unnecessary severity in
executing the same.
Requisites for a valid search warrant:
1) It is for one specific offense;
2) There must be a probable cause; and
3) The probable cause determined personally by the issuing judge;
4) The probable cause was determined by the issuing judge personally,
through searching questions and answers, in writing and under oath
or affirmation of the applicant and the witnesses he may produce;
5) The applicant of the search warrant and his witnesses must testify
only as to facts personally known to them; and
6) It must specifically state the place to be searched and the things to be
seized, which may be anywhere in the Philippines.

Art. 130. Searching domicile without witnesses.

Elements:
1) Offender is a public officer or employee;
2) He is armed with a search warrant legally procured;
3) He searches the domicile, papers or other belongings of any person;
and
4) The owner or any member of his family, or two witnesses residing in
the same locality are not present.

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

Elements:
1) Offender is a public officer or employee

8
 2) He performs any of the following acts:
a) Prohibiting or interrupting, without legal ground, the holding
of a peaceful meeting, or by dissolving the same;
b) Hindering any person from joining any lawful association or
from attending any of its meetings; and
c) Prohibiting or hindering any person from addressing, either
alone or together with others, any petition to the authorities
for correction of abuses or redress of grievances.

Art. 132. Interruption of religious worship.

Elements:
1) Offender is a public officer or employee;
2) Religious ceremonies or manifestations of any religion are about to
take place or are going on; and
3) Offender prevents or disturbs the same.
Qualifying circumstance:
If committed with violence or threat.

Art. 133. Offending the religious feelings.

Elements:
1) Offender is a public officer or employee, or a private individual;
2) Acts complained of were performed –
a) In a place devoted to religious worship (It is not necessary
that there is religious worship); or
b) During the celebration of any religious ceremony.
3) Acts must be notoriously offensive to the feelings of the faithful.

Act Defining the Rights of Person Arrested, Detained or Under

Custodial Investigation (RA 7438)
A. What are the rights contemplated under Republic Act 7438? How are the
following issued, executed or produced:
1) Custodial Investigation Report,
2) Extrajudicial Confession, Waiver of absence of counsel and Waiver
of Article 125 of the Revised Penal Code? (Sec. 2 c, d, e)
Section 2. Rights of Persons Arrested, Detained or Under
Custodial Investigation; Duties of Public Officers. –
a) Any person arrested detained or under custodial investigation
shall at all times be assisted by counsel.
b) Any public officer or employee, or anyone acting under his
order or his place, who arrests, detains or investigates any
person for the commission of an offense shall inform the
latter,
9
 in a language known to and understood by him, of his rights
to remain silent and to have competent and independent
counsel, preferably of his own choice, who shall at all times
be allowed to confer privately with the person arrested,
detained or under custodial investigation. If such person
cannot afford the services of his own counsel, he must be
provided with a competent and independent counsel by the
investigating officer.
c) The custodial investigation report shall be reduced to writing
by the investigating officer, provided that before such report
is signed, or thumb-marked if the person arrested or detained
does not know how to read and write, it shall be read and
adequately explained to him by his counsel or by the assisting
counsel provided by the investigating officer in the language
or dialect known to such arrested or detained person,
otherwise, such investigation report shall be null and void and
of no effect whatsoever.
d) Any extrajudicial confession made by a person arrested,
detained or under custodial investigation shall be in writing
and signed by such person in the presence of his counsel or in
the latter's absence, upon a valid waiver, and in the presence
of any of the parents, elder brothers and sisters, his spouse,
the municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as chosen by
him; otherwise, such extrajudicial confession shall be
inadmissible as evidence in any proceeding.
e) Any waiver by a person arrested or detained under the
provisions of Article 125 of the Revised Penal Code, or under
custodial investigation, shall be in writing and signed by such
person in the presence of his counsel; otherwise the waiver
shall be null and void and of no effect.
f) Any person arrested or detained or under custodial
investigation shall be allowed visits by or conferences with
any member of his immediate family, or any medical doctor
or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any
national non- governmental organization duly accredited by
the Commission on Human Rights of by any international
non-governmental organization duly accredited by the Office
of the President. The person's "immediate family" shall
include his or her spouse,
10
 fiancé or fiancée, parent or child, brother or sister,
grandparent or grandchild, uncle or aunt, nephew or niece,
and guardian or ward.
B. What is included under the legal concept “custodial investigation”? (Sec. 2, f
last paragraph).
As used in this Act, "custodial investigation" shall include the
practice of an "invitation" to a person who is investigated in
connection with an offense he is suspected to have committed,
without prejudice to the liability of the "inviting" officer for any
violation of law.
C. The corresponding penalties for violations of R.A 7438.
Section 4. Penalty Clause.
(a) Any arresting public officer or employee, or any investigating
officer, who fails to inform any person arrested, detained or under
custodial investigation of his right to remain silent and to have
competent and independent counsel preferably of his own choice,
shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of
imprisonment of not less than eight (8) years but not more than ten
(10) years, or both. The penalty of perpetual absolute disqualification
shall also be imposed upon the investigating officer who has been
previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or
employee, or anyone acting upon orders of such investigating officer
or in his place, who fails to provide a competent and independent
counsel to a person arrested, detained or under custodial
investigation for the commission of an offense if the latter cannot
afford the services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any
member of the immediate family of a person arrested, detained or
under custodial investigation, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate
family or by his counsel, from visiting and conferring privately with
him, or from examining and treating him, or from ministering to his
spiritual needs, at any hour of the day or, in urgent cases, of the night
shall suffer the penalty of imprisonment of not less than four (4)
years nor more than six (6) years, and a fine of four thousand pesos
(P4,000.00).

11
Anti–Torture Act of 2009 (RA 9745)
A. What is Torture? (Sec. 3, a).
Under the definition of terms provided for in R.A 9745, torture is
defined as “an act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person” for such
purposes as:
1) Obtaining from him/her or a third person information or a
confession;
2) Punishing him/her for an act he/she or a third person has
committed or is suspected of having committed; or
3) Intimidating or coercing him/her or a third person; or for any
reason based on discrimination of any kind, when such pain or
suffering is inflicted by or at the instigation of or with the consent
or acquiescence of a person in authority or agent of a person in
authority. It does not include pain or suffering arising only from,
inherent in or incidental to lawful sanctions.
B. What is the meant by “other cruel, inhuman and degrading treatment or
punishment”?; Who is considered a victim under R.A 9745? ; and, What
is Order of Battle? (Section 3 b, c and d).
(b) "Other cruel, inhuman and degrading treatment or punishment"
refers to a deliberate and aggravated treatment or punishment not
enumerated under Section 4 of this Act, inflicted by a person in
authority or agent of a person in authority against a person under
his/her custody, which attains a level of severity causing suffering,
gross humiliation or debasement to the latter.
(c) "Victim" refers to the person subjected to torture or other cruel,
inhuman and degrading treatment or punishment as defined above
and any individual who has suffered harm as a result of any act(s) of
torture, or other cruel, inhuman and degrading treatment or
punishment.
(d) "Order of Battle" refers to any document or determination made
by the military, police or any law enforcement agency of the
government, listing the names of persons and organizations that it
perceives to be enemies of the State and that it considers as
legitimate targets as combatants that it could deal with, through the
use of means allowed by domestic and international law.
C. Enumerate the different kinds of torture: (Sec. 4 and Sec. 5).
Section 4. Acts of Torture. - For purposes of this Act, torture shall
include, but not be limited to, the following:
(a) Physical torture is a form of treatment or punishment inflicted by
a person in authority or agent of a person in authority upon another
12
in

13
his/her custody that causes severe pain, exhaustion, disability or
dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking
with truncheon or rifle butt or other similar objects, and jumping
on the stomach;
(2) Food deprivation or forcible feeding with spoiled food,
animal or human excreta and other stuff or substances not
normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil,
acid; by the rubbing of pepper or other chemical substances on
mucous membranes, or acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with
excrement, urine, vomit and/or blood until the brink of
suffocation;
(6) Being tied or forced to assume fixed and stressful bodily
position;
(7) Rape and sexual abuse, including the insertion of foreign
objects into the sex organ or rectum, or electrical torture of the
genitals;
(8) Mutilation or amputation of the essential parts of the body
such as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and
extreme cold;
(12) The use of plastic bag and other materials placed over the
head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception,
memory. alertness or will of a person, such as,
(14) Other analogous acts of physical torture.
(b) Mental/Psychological Torture refers to acts committed by a
person in authority or agent of a person in authority which are
calculated to affect or confuse the mind and/or undermine a person's
dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/her relative(s) with bodily
harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or
14
public humiliation of a detainee or prisoner;

15
 (6) Causing unscheduled transfer of a person deprived of liberty
from one place to another, creating the belief that he/she shall be
summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's
family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked,
parading him/her in public places, shaving the victim's head or
putting marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any
member of his/her family; and
(12) Other analogous acts of mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading Treatment or
Punishment. - Other cruel, inhuman or degrading treatment or
punishment refers to a deliberate and aggravated treatment or
punishment not enumerated under Section 4 of this Act, inflicted by
a person in authority or agent of a person in authority against another
person in custody, which attains a level of severity sufficient to cause
suffering, gross humiliation or debasement to the latter. The
assessment of the level of severity shall depend on all the
circumstances of the case, including the duration of the treatment or
punishment, its physical and mental effects and, in some cases, the
sex, religion, age and state of health of the victim.
D. Who are liable for torture? (Sec. 13)
Those who are criminally liable as contemplated under Section 13,
RA 9745 are the following:
a) Any person who actually participated or induced another in the
commission of torture or other cruel, inhuman and degrading
treatment or punishment or who cooperated in the execution of the
act of torture or other cruel, inhuman and degrading treatment or
punishment by previous or simultaneous acts shall be liable as
principal

b) Any superior military, police or law enforcement officer or senior

government official who issued an order to any lower ranking
personnel to commit torture for whatever purpose shall be held
equally liable as principals.

16
 c) The immediate commanding officer of the unit concerned of the
AFP or the immediate senior public official of the PNP and other law
enforcement agencies shall be held liable as a principal to the crime
of torture or other cruel or inhuman and degrading treatment or
punishment for any act or omission, or negligence committed by
him/her that shall have led, assisted, abetted or allowed, whether
directly or indirectly, the commission thereof by his/her
subordinates. If he/she has knowledge of or, owing to the
circumstances at the time, should have known that acts of torture or
other cruel, inhuman and degrading treatment or punishment shall be
committed, is being committed, or has been committed by his/her
subordinates or by others within his/her area of responsibility and,
despite such knowledge, did not take preventive or corrective action
either before, during or immediately after its commission, when
he/she has the authority to prevent or investigate allegations of
torture or other cruel, inhuman and degrading treatment or
punishment but failed to prevent or investigate allegations of such
act, whether deliberately or due to negligence shall also be liable as
principals.
d) Any public officer or employee shall be liable as an accessory if
he/she has knowledge that torture or other cruel, inhuman and
degrading treatment or punishment is being committed and without
having participated therein, either as principal or accomplice, takes
part subsequent to its commission in any of the following manner:
(1) By themselves profiting from or assisting the offender to
profit from the effects of the act of torture or other cruel, inhuman
and degrading treatment or punishment;
(2) By concealing the act of torture or other cruel, inhuman and
degrading treatment or punishment and/or destroying the effects
or instruments thereof in order to prevent its discovery; or(c) By
harboring, concealing or assisting m the escape of the principal/s
in the act of torture or other cruel, inhuman and degrading
treatment or punishment: Provided, That the accessory acts are
done with the abuse of the official's public functions.
E. Other Relevant Features: (Torture as Separate/Independent Crime;
Exclusion from Amnesty and Concept of Refouler).
Section 15. Torture as a Separate and Independent Crime. - Torture
as a crime shall not absorb or shall not be absorbed by any other
crime or felony committed as a consequence, or as a means in the
conduct or commission thereof. In which case, torture shall be
treated as a separate and independent criminal act whose
17
penalties shall be

18
 imposable without prejudice to any other criminal liability provided
for by domestic and international laws.
Section 16. Exclusion from the Coverage of Special Amnesty Law. -
In order not to depreciate the crime of torture, persons who have
committed any act of torture shall not benefit from any special
amnesty law or similar measures that will have the effect of
exempting them from any criminal proceedings and sanctions.
Section 17. Applicability of Refouler. - No person shall be expelled,
returned or extradited to another State where there are substantial
grounds to believe that such person shall be in danger of being
subjected to torture. For the purposes of determining whether such
grounds exist, the Secretary of the Department of Foreign Affairs
(DFA) and the Secretary of the DOJ, in coordination with the
Chairperson of the CHR, shall take into account all relevant
considerations including, where applicable and not limited to, the
existence in the requesting State of a consistent pattern of gross,
flagrant or mass violations of human rights.

Anti–Photo and Video Voyeurism Act of 2009 (RA 9995)

A. Explain the terms “broadcast” and “capture”. (Sec. 3, a and Sec. 3, b).
-Broadcast means to make public, by any means, a visual image
with the intent that it be viewed by a person or persons.
-Capture with respect to an image, means to videotape,
photograph, film, record by any means, or broadcast.
B. What is the definition of Photo or Video voyeurism? What is meant
by the phrase “under circumstances a person has reasonable
expectation of privacy? (Sec. 3, d and f)
(d) Photo or video voyeurism means the act of taking photo or
video coverage of a person or group of persons performing
sexual act or any similar activity or of capturing an image of
the 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 the act of
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.

19
 (e) "Private area of a person" means the naked or undergarment
clad genitals, public area, buttocks or female breast of an
individual.
(f) Under circumstances in which a person has a reasonable
expectation of privacy means believe 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 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.
C. Enumerate the punishable acts under R.A 9995:
Section 4. Prohibited Acts. - It is hereby prohibited and declared
unlawful for any person:
(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.
D. In the application of the penal provisions of RA 9995, when is a
photo or a video inadmissible in evidence? (Sec. 7).
Such photo or video taken in violation of RA 9995 shall be
inadmissible in evidence. The evidence was clearly
obtained in violation of law; hence, its illegality. This is
provided for under the law as follows:
Section 7. Inadmissibility of Evidence. - Any
record, photo or video, or copy thereof, obtained or
secured by any person in violation of the preceding
20
sections

21
 shall not be admissible in evidence in any judicial,
quasi-judicial, legislative or administrative hearing
or investigation.

Data Privacy Act of 2012 (R.A. 10173)

A. What are the punishable acts under R.A 10173?
The following are the punishable acts under R.A 10173 or the Data
Privacy Act of 2012:
1) Unauthorized Processing of Personal Information and Sensitive
Personal Information (Sec. 25);
2) Accessing Personal Information and Sensitive Personal
Information Due to Negligence (Sec. 26);
3) Improper Disposal of Personal Information and Sensitive
Personal Information (Sec. 27);
4) Processing of Personal Information and Sensitive Personal
Information for Unauthorized Purposes (Sec. 28);
5) Unauthorized Access or Intentional Breach (Sec. 29);
6) Concealment of Security Breaches Involving Sensitive Personal
Information (Sec. 30);
7) Malicious Disclosure (Sec. 31);
8) Unauthorized Disclosure (Sec. 32);
B. Give the effect of commission of combination or series of punishable acts
under the Data Privacy Act of 2012. (Sec. 33).
The effect of commission of “any combination or series of acts”
as defined in Sections 25 to 32 shall make the person subject to
imprisonment ranging from three (3) years to six (6) years and a
fine of not less than One million pesos (Php1,000,000.00) but not
more than Five million pesos (Php5,000,000.00).
C. Who is the “data subject” referred to in R.A 10173? (Sec. 3, c).
Data subject refers to an individual whose personal information is
processed.
D. What is meant by “consent of the data subject”? (Sec. 3, b).
Consent of the data subject refers to any “freely given, specific,
informed indication of will, whereby the data subject agrees to
the collection and processing of personal information about
and/or relating to him or her. Consent shall be evidenced by
written, electronic or recorded means. It may also be given on
behalf of the data subject by an agent specifically authorized by
the data subject to do so.”
E. Define the following:
1) Personal Information;
2) Privileged Information and Sensitive Personal Information.
1) Personal information refers to any information whether
recorded in a material form or not, from which the identity of an
individual is apparent or can be reasonably and directly
ascertained by the entity holding the information, or when put
22
together with

23
 other information would directly and certainly identify an
individual. (Sec. 3, g).
2) Privileged information refers to any and all forms of data
which under the Rules of Court and other pertinent laws
constitute privileged communication. (Sec. 3, k).
3) Sensitive personal information refers to personal information:
(1) About an individual’s race, ethnic origin, marital
status, age, color, and religious, philosophical or
political affiliations;
(2) About an individual’s health, education, genetic or
sexual life of a person, or to any proceeding for any
offense committed or alleged to have been committed
by such person, the disposal of such proceedings, or
the sentence of any court in such proceedings;
(3) Issued by government agencies peculiar to an
individual which includes, but not limited to, social
security numbers, previous or current health records,
licenses or its denials, suspension or revocation, and
tax returns; and
(4) Specifically established by an executive order or an act
of Congress to be kept classified. (Sec. 3, l).
F. What is the concept of “processing” of information? (Sec. 3, j).
Processing refers to any operation or any set of operations
performed upon personal information including, but not limited
to, the collection, recording, organization, storage, updating or
modification, retrieval, consultation, use, consolidation, blocking,
erasure or destruction of data. (It is important to note the
difference too of “personal information processor” and “personal
information controller”).
G. What is the scope or coverage of Data Privacy Act of 2012? (Sec. 4).
This Data Privacy Act of 2012 applies to the processing of all
types of personal information and to any natural and juridical
person involved in personal information processing including
those personal information controllers and processors who,
although not found or established in the Philippines, use
equipment that are located in the Philippines, or those who
maintain an office, branch or agency in the Philippines subject to
the immediately succeeding paragraph: Provided, That the
requirements of Section 5 are complied with. This Act does not
apply to the following:
(a) Information about any individual who is or was an
officer or employee of a government institution that
relates to the position or functions of the individual,
including:
(1) The fact that the individual is or was an officer or
employee of the government institution;

24
 (2) The title, business address and office telephone
number of the individual;
(3) The classification, salary range and
responsibilities of the position held by the
individual; and
(4) The name of the individual on a document
prepared by the individual in the course of
employment with the government;
(b) Information about an individual who is or was
performing service under contract for a government
institution that relates to the services performed,
including the terms of the contract, and the name of the
individual given in the course of the performance of
those services;
(c) Information relating to any discretionary benefit of a
financial nature such as the granting of a license or
permit given by the government to an individual,
including the name of the individual and the exact
nature of the benefit;
(d) Personal information processed for journalistic,
artistic, literary or research purposes;
(e) Information necessary in order to carry out the
functions of public authority which includes the
processing of personal data for the performance by the
independent, central monetary authority and law
enforcement and regulatory agencies of their
constitutionally and statutorily mandated functions.
Nothing in this Act shall be construed as to have
amended or repealed Republic Act No. 1405, otherwise
known as the Secrecy of Bank Deposits Act; Republic
Act No. 6426, otherwise known as the Foreign
Currency Deposit Act; and Republic Act No. 9510,
otherwise known as the Credit Information System Act
(CISA);
(f) Information necessary for banks and other financial
institutions under the jurisdiction of the independent,
central monetary authority or Bangko Sentral ng
Pilipinas to comply with Republic Act No. 9510, and
Republic Act No. 9160, as amended, otherwise known
as the Anti-Money Laundering Act and other
applicable laws; and,
(g) Personal information originally collected from
residents of foreign jurisdictions in accordance with the
laws of those foreign jurisdictions, including any
applicable data privacy laws, which is being processed
in the Philippines.

25
 H. What is the effect of the commission of any of the prohibited acts herein if
the same affected or harmed the personal information of at least 100
individuals? (Sec. 35).
The effect of such commission is that “the maximum penalty in the scale
of penalties respectively provided for the preceding offenses shall be
imposed when the personal information of at least one hundred (100)
persons is harmed, affected or involved as the result of the above-
mentioned actions.”

(Note: Sec. 28, par. 2 states “the processing of sensitive personal information
for unauthorized purposes shall be penalized by imprisonment ranging from
two (2) years to seven (7) years and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than Two million pesos
(Php2,000,000.00) shall be imposed on persons processing sensitive personal
information for purposes not authorized by the data subject, or otherwise
authorized under this Act or under existing laws”. On the other hand, Sec. 33
provides that “Any combination or series of acts as defined in Sections 25 to 32
shall make the person subject to imprisonment ranging from three (3) years to
six (6) years and a fine of not less than One million pesos (Php1,000,000.00)
but not more than Five million pesos (Php5,000,000.00)”).

Title Three
CRIMES AGAINST PUBLIC ORDER

Chapter One
REBELLION, COUP D'ETAT, SEDITION AND DISLOYALTY

Art. 134. Rebellion or insurrection.

Elements:
1) There must be:
a) Public uprising; and
b) Taking of arms against the Government.
2) The purpose of the uprising or movement is either –
a) To remove from the allegiance to said Government or its laws
i. The territory of the Philippines or any part thereof; and
ii. Anybody of land, naval or other armed forces;
b) to deprive the Chief Executive or Congress, wholly or
partially, any of their powers or prerogatives.

26
The Anti–Terrorism Act of 2020 (R.A. No. 11479)
A. What are the punishable acts denominated as “Terrorism” under R.A 11479?
The following are the acts of “terrorism” under R.A 11479 or the The
Anti-Terrorism Act of 2020:
Subject to Section 49 of this Act, terrorism is 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 extensive interference
with, damage or destruction to critical infrastructure;
(d) Develops, manufactures, possesses, 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 intimidate
the general public or a segment thereof, create an atmosphere or spread a
message of fear, to provoke or influence by intimidation the government
or any international organization, or seriously destabilize or destroy the
fundamental political, economic, or social structures of the country, or
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 Republic
Act No. 10592, otherwise known as "An Act Amending Articles 29, 94,
97, 98 and 99 of Act No. 3815, as amended, otherwise known as the
Revised Penal Code". Provided, That, terrorism as defined in this
section shall not include advocacy, protest, dissent, stoppage of work,
industrial or mass action, and other similar exercises of civil and
political rights, which are not intended to cause death or serious physical
harm to a person, to endanger a person's life, or to create a serious risk to
public safety.
B. Is threat to commit terrorism punishable under the law?
Yes. Under Section 5 of the Anti-Terrorism Act of 2020 the same is a
punishable offense. It is provided therein that “any person who shall
threaten to commit any of the acts mentioned in Section 4 hereof shall
suffer the penalty of imprisonment of twelve (12) years.”
C. Under the Anti-Terrorism Act, is Planning, Training, Preparing and
Facilitating the commission of terrorism also considered a punishable act?
Yes. It is a punishable act.
Section 6 thereof states that “it shall be unlawful for any person to
participate in the planning, training, preparation and facilitation in the
commission of terrorism, possessing objects connected with the

27
 preparation for the commission of terrorism, or collecting or making
documents connected with the preparation of terrorism. Any person
found guilty of the provisions of this Act shall suffer the penalty of life
imprisonment without the benefit of parole and the benefits of Republic
Act No. 10592.”
D. Is there such an offense as Conspiracy to Commit Terrorism and Proposal to
Commit Terrorism?
Yes, in fact they are two different offenses punishable under Sections 7
and 8, respectively, of the anti-Terrorism Act of 2020. They are not only
considered as manner or scheme of committing an offense but treated as
unlawful acts themselves.
The law provides that any conspiracy to commit terrorism as defined
and penalized under Section 4 of the law shall suffer the penalty of life
imprisonment without the benefit of parole and the benefit of Republic
Act No. 10592.
There is conspiracy when two (2) or more persons come to an agreement
concerning the commission of terrorism as defined in Section 4 hereof
and decide to commit the same. (Sec. 7).
On the other hand, Section 8 thereof states that “Any person who
proposes to commit terrorism as defined in section 4 hereof shall suffer
the penalty of imprisonment of twelve (12) years.”

Note: Inciting to Commit Terrorism (Sec. 9), Recruitment to and Membership in a

Terrorist Organization (Sec. 10) and Providing Material Support to Terrorists (Sec.
12) are also punishable offenses.

Art. 134-A. Coup d’ etat.

Elements:
1) Offender is a person or persons belonging to the military or police or
holding any public office or employment;
2) It is committed by means of a swift attack accompanied by violence,
intimidation, threat, strategy or stealth;
3) The attack is directed against duly constituted authorities of the
Republic of the Philippines, or any military camp or installation,
communication networks, public utilities or other facilities needed
for the exercise and continued possession of power; and
4) The purpose of the attack is to seize or diminish state power Art.
135. Penalty for rebellion, insurrection or coup d’ etat.
Persons liable for rebellion, insurrection or coup d’etat:
1) Leader
a) Any person who promotes, maintains, or heads a rebellion or
insurrection;
b) Any person who leads, directs, or commands others to
undertake coup d’etat.
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 2) Participants
a) Any person who participates or executes the commands of
others in rebellion, or insurrection;
b) Any person in the government service who participates, or
executes directions or commands of others in undertaking a
coup d’etat; or
c) Any person not in the government service who participates,
supports, finances, abets, or aids in undertaking a coup d’etat.

Art. 136. Conspiracy and proposal to commit coup d’etat, rebellion, or insurrection.
Elements of conspiracy to commit coup d’etat, rebellion, or insurrection:
1) Two (2) or more persons come to an agreement to swiftly attack or to
rise publicly and take arms against the government for any of the
purposes of rebellion; and
2) They decide to commit it.
Elements of proposal to commit rebellion:
1) A person has decided to swiftly attack or to rise publicly and take
arms against the government for any of the purposes of rebellion;
and
2) Such person proposes its execution to some other person or persons.

Art. 137. Disloyalty of public officers or employees.

Elements:
1) Offender is a public officer or employee 2) He performs any of the
following acts:
a) failing to resist a rebellion by all means in their power;
b) continuing to discharge the duties of their office under the
control of the rebels; or
c) accepting appointment to office under the rebels.

Art. 138. Inciting to rebellion or insurrection.

Elements:
1) Offender does not take arms or is not in open hostility against the
Government;
2) He incites others to the execution of any of the acts of rebellion; and
3) The inciting is done by means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same end.

Art. 139. Sedition.

Elements:
1) Offenders rise
a) Publicly and
29
 b) Tumultuously;
2) They employ force, intimidation, or other means outside of legal
methods;
3) Purpose to attain any of the following objects:
a) Prevent the promulgation or execution of any law or the
holding of any popular election;
b) Prevent the National Government, or any provincial or
municipal government, or any public officer thereof from
freely exercising its or his functions, or prevent the execution
of any administrative order;
c) Inflict any act of hate or revenge upon the person or property
of any public officer or employee;
d) Commit, for any political or social end, any act of hate or
revenge against private persons or any social class; and
e) Despoil, for any political or social end, any person,
municipality or province, or the National Government of all
its property or any part thereof.

Art. 140. Penalty for sedition.

Persons liable:
1) The leader of the sedition; and
2) Other persons participating in the sedition.

Art. 141. Conspiracy to commit sedition.

Elements:
1) Two (2) or more persons come to an agreement to rise publicly and
tumultuously to attain any of the objects of sedition; and
2) They decide to commit it.

Art. 142. Inciting to sedition.

Elements:
1) Offender does not take direct part in the crime of sedition; and
2) He incites others to the accomplishment of any of the acts which
constitute sedition; and
3) Inciting is done by means of speeches, proclamations, writings,
emblems, cartoons, banners, or other representations.
Punishable acts:
1) Inciting others to the accomplishment of any of the acts which
constitute sedition by means of speeches, proclamations, writings,
emblems, etc.

30
 2) Uttering seditious words or speeches which tend to disturb the public
peace; and
3) Writing, publishing, or circulating scurrilous libels against the
Government or any of the duly constituted authorities thereof, which
tend to disturb the public peace.

Chapter Two
CRIMES AGAINST POPULAR REPRESENTATION

Art. 143. Acts tending to prevent the meeting of the national assembly and similar
bodies.
Elements:
1) There is a projected or actual meeting of Congress or any of its
committees or subcommittees, constitutional committees or divisions
thereof, or of any provincial board or city or municipal council or
board; and
2) Offender, who may be any person, prevents such meeting by force or
fraud.

Art. 144. Disturbance of proceedings.

Elements:
1) There is a meeting of Congress or any of its committees or
subcommittees, constitutional commissions or committees or
divisions thereof, or of any provincial board or city or municipal
council or board;
2) Offender does any of the following acts:
a) disturbs any of such meetings, or
b) behaves while in the presence of any such bodies in such a
manner as to interrupt its proceedings or to impair the respect due
it.

Art. 145. Violation of parliamentary immunity.

Punishable acts:
1) Using force, intimidation, threats, or fraud to prevent any member of
Congress from:
a) attending the meetings of Congress or of any of its
committees or subcommittees, constitutional commissions or
committees or divisions thereof;
b) expressing his opinions, or
c) casting his vote

31
Note: The offender in this case may be any person.

2) Arresting or searching any member of Congress while it is in

regular or special session, except in case such member has
committed a crime punishable under the Code by a penalty higher
than prision mayor.

Note: The offender in this case is a public officer or employee

Chapter Three
ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Art. 146. Illegal assemblies.

Two forms:
1) Any meeting attended by armed persons for the purpose of
committing any of the crimes punishable under the Code.
Elements:
a) There is a meeting, a gathering or group of persons,
whether in a fixed placed or moving;
b) The meeting is attended by armed persons; and
c) The purpose of the meeting is to commit any of the crimes
punishable under the Code.

2) Any meeting in which the audience, whether armed or not, is incited

to the commission of the crime of treason, rebellion or insurrection,
sedition or assault upon a person in authority.
Elements:
a) There is a meeting, a gathering or group of persons,
whether in a fixed placed or moving; and
b) The audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or
insurrection, sedition or direct assault.
Presumptions:
If any person carries an unlicensed firearm, it is presumed that:
a) The purpose of the meeting insofar as he is concerned is to
commit acts punishable under the RPC, and
b) He is considered a leader or organizer of the meeting

32
Art. 147. Illegal associations.
Prohibited associations:
1) Associations totally or partially organized for the purpose of
committing any of the crimes punishable under the Code; and
2) Associations totally or partially organized for some purpose contrary
to public morals.
Persons liable:
1) Founders, directors and president of the association; and
2) Mere members of the association.

Chapter Four
ASSAULT UPON, AND RESISTANCE & DISOBEDIENCE TO,
PERSONS IN AUTHORITY AND THEIR AGENTS

Art. 148. Direct assaults.

Two ways to commit:
1) Without public uprising, by employing force or intimidation for the
attainment of any of the purposes enumerated in defining the crimes
of rebellion and sedition.
Elements:
a) Offender employs force or intimidation;
b) The aim of the offender is to attain any of the purposes of
the crime of rebellion or any of the objects of the crime of
sedition; and
c) There is no public uprising.
2) Without public uprising, by attacking, by employing force or by
seriously intimidating or by seriously resisting any person in
authority or any of his agents, while engaged in the performance of
official duties, or on the occasion of such performance.
Elements:
a) Offender:
i. Makes an attack, (equivalent to aggression),
ii. employs force,
iii. makes a serious intimidation, or
iv. makes a serious resistance.
b) Person assaulted is a person in authority or his agent;
c) At the time of the assault the person in authority or his
agent:
i. is engaged in the performance of official duties, or

33
 ii. that he is assaulted by reason of the past
performance of his official duties.
d) Offender knows that the one he is assaulting is a person in
authority or his agent in the exercise of his duties; and
e) There is no public uprising.
Qualified direct assault
Qualifying circumstances:
1) Assault is committed with a weapon;
2) Offender is a public officer or employee; or
3) Offender lays hands upon a person in authority.

Art. 149. Indirect assaults.

Elements:
1) A person in authority or his agent is the victim of any of the
forms of direct assault defined in Art. 148;
2) A person comes to the aid of such authority or his agent;
3) Offender makes use of force or intimidation upon such person
coming to the aid of the authority or his agent.

Art. 150. Disobedience to summons issued by the National Assembly, its committees
or subcommittees, by the Constitutional Commissions, its committees or
subcommittees or divisions.
Acts punished:
1) Refusing, without legal excuse, to obey summons issued by the
Congress, its special or standing committees and subcommittees,
the Constitutional commissions and its committees,
subcommittees or divisions, or by any commission or committee
chairman or member authorized to summon witnesses;
2) Refusing to be sworn or placed under affirmation while being
before such legislative or constitutional body or official;
3) Refusing to answer any legal inquiry or to produce any books,
papers, documents, or records in his possession, when required
by them to do so in the exercise of their functions;
4) Restraining another from attending as a witness in such
legislative or constitutional body; and
5) Inducing disobedience to a summons or refusal to be sworn by
any such body or official.

Art. 151. Resistance and disobedience to a person in authority or the agents of such
person.
Elements of resistance and serious disobedience:

34
 1) A person in authority or his agent;
a) is engaged in the performance of official duty; or
b) gives a lawful order to the offender.
2) Offender resists or seriously disobeys such person in authority or
his agent; and
3) That such resistance or disobedience will not amount to:
a) Direct assault (Art. 148);
b) Indirect assault (Art. 149); or
c) Disobedience to summons issued by Congress (Art. 150).
Elements of simple disobedience:
1) A person in authority or his agent;
a) is engaged in the performance of official duty; or
b) gives a lawful order to the offender.
2) Offender disobeys such agent of a person in authority; and
3) Such disobedience is not of a serious nature.

Art. 152. Persons in authority and agents of persons in authority.

Who shall be deemed as such:
Public Officer
Any person who takes part in the performance of public functions
in the government.
Person in authority
Any person directly vested with jurisdiction, whether as an
individual or as a member of some court or government
corporation, board or commission.
Includes:
1) Municipal Mayors;
2) Division superintendent of schools;
3) Public and private school teachers;
4) Teacher-nurse;
5) President of the sanitary division;
6) Provincial Fiscal;
7) Judges;
8) Lawyers in actual performance of duties;
9) Sangguniang Bayan member (Municipal councilor);
10)Barangay captain and barangay chairman; and
11)Members of the Lupong Tagapamayapa.
Agent of a Person in Authority
Any person who, by direct provision of law or by election or by
appointment by competent authority, is charged with –

35
 1) the maintenance of public order; and
2) the protection and security of life and property.
Includes:
a) Any person who comes to the aid of persons in
authority; and
b) Brgy kagawad, tanod, councilman, police officer, etc.

Chapter Five
PUBLIC
DISORDERS

Art. 153. Tumults and other disturbances of public order.

Acts punished:
1) Causing any serious disturbance in a public place, office, or
establishment;
2) Interrupting or disturbing performances, functions or gatherings, or
peaceful meetings, if the act is not included in Arts. 131 and 132;
3) Making any outcry tending to incite rebellion or sedition in any
meeting, association or public place;
4) Displaying placards or emblems which provoke a disturbance of
public order in such place; and
5) Burying with pomp the body of a person who has been legally
executed.

Art. 154. Unlawful use of means of publication and unlawful utterances.

Punishable acts:
1) Publishing or causing to be published, by means of printing,
lithography or any other means of publication, as news any false
news which may endanger the public order, or cause damage to the
interest or credit of the State;
2) Encouraging disobedience to the law or to the constituted authorities
or by praising, justifying or extolling any act punished by law, by the
same means or by words, utterances or speeches;
3) Maliciously publishing or causing to be published any official
resolution or document without proper authority, or before they have
been published officially;
4) Printing, publishing or distributing books, pamphlets, periodicals, or
leaflets which do not bear the real printer’s name, or which are
classified as anonymous.

36
Art. 155. Alarms and scandals.
Punishable acts:
1) Discharging any firearm, rocket, firecracker, or other explosive
within any town or public place, calculated to cause (which
produces) alarm or danger;
2) Instigating or taking an active part in any charivari or other
disorderly meeting offensive to another or prejudicial to public
tranquility;
3) Disturbing the public peace while wandering about at night or while
engaged in any other nocturnal amusements; and
4) Causing any disturbance or scandal in public places while
intoxicated or otherwise, provided Article 153 is not applicable.

Art. 156. Delivering prisoners from jail.

Elements:
1) There is a person confined in a jail or penal establishment; and
2) Offender removes therefrom such person, or helps the escape of such
person.

Chapter Six
EVASION OF SERVICE OF SENTENCE

Art. 157. Evasion of service of sentence.

Elements:
1) Offender is a convict by final judgment;
2) He is serving his sentence which consists in deprivation of liberty;
3) He evades the service of his sentence by escaping during the term of
his sentence.
Qualifying circumstances:
If such evasion takes place by:
1) Means of unlawful entry (must be read as “scaling/ climbing walls”);
2) Breaking doors, windows, gates, walls, roofs or floors;
3) Using picklocks, false keys, disguise, deceit, violence or
intimidation; or
4) Conniving with other convicts or employees of the penal institution.

Art. 158. Evasion of service of sentence on the occasion of disorders, conflagrations,

earthquakes, or other calamities.
Elements:
1) Offender is a convict by final judgment who is confined in a penal
institution;
37
 2) There is disorder, which results from –
a) Conflagration;
b) Earthquake;
c) Explosion;
d) Similar catastrophe, or
e) Mutiny in which he has not participated.
3) Offender evades the service of his sentence by leaving the penal
institution where he is confined, on the occasion of such disorder or
during the mutiny; and
4) Offender fails to give himself up to the authorities within forty-eight
(48) hours following the issuance of a proclamation by the Chief
Executive announcing the passing away of such calamity.

Art. 159. Other cases of evasion of service of sentence (Conditional Pardon).

Elements:
1) Offender was a convict;
2) He was granted a conditional pardon by the Chief Executive; and
3) He violated any of the conditions of such pardon.

Chapter Seven
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS OFFENSE

Art. 160. Commission of another crime during service of penalty imposed for another
previous offense (Quasi-Recidivism).
Elements:
1) Offender was already convicted by final judgment of one offense; and
2) He committed a new felony before beginning to serve such sentence
or while serving the same.

An Act Providing for a Comprehensive Law on Firearms and Ammunition

and Providing Penalties for Violations Thereof (R.A. 10591)
SEC. 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. –
The unlawful acquisition, possession of firearms and ammunition shall be
penalized as follows:
(a) The penalty of prision mayor in its medium period shall be imposed
upon any person who shall unlawfully acquire or possess a small
arm;
(b) The penalty of reclusion temporal to reclusion perpetua shall be
imposed if three (3) or more small arms or Class-A light weapons are
unlawfully acquired or possessed by any person;

38
 (c) The penalty of prision mayor in its maximum period shall be
imposed upon any person who shall unlawfully acquire or possess a
Class-A light weapon;
(d) The penalty of reclusion perpetua shall be imposed upon any person
who shall, unlawfully acquire or possess a Class-B light weapon;
(e) The penalty of one (1) degree higher than that provided in paragraphs
(a) to (c) in this section shall be imposed upon any person who shall
unlawfully possess any firearm under any or combination of the
following conditions:
(1) Loaded with ammunition or inserted with a loaded magazine;
(2) Fitted or mounted with laser or any gadget used to guide the
shooter to hit the target such as thermal weapon sight (TWS)
and the like;
(3) Fitted or mounted with sniper scopes, firearm muffler or
firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.
(f) The penalty of prision mayor in its minimum period shall be imposed
upon any person who shall unlawfully acquire or possess a major
part of a small arm;
(g) The penalty of prision mayor in its minimum period shall be
imposed upon any person who shall unlawfully acquire or possess
ammunition for a small arm or Class-A light weapon. If the violation
of this paragraph is committed by the same person charged with the
unlawful acquisition or possession of a small arm, the former
violation shall be absorbed by the latter;
(h) The penalty of prision mayor in its medium period shall be imposed
upon any person who shall unlawfully acquire or possess a major
part of a Class-A light weapon;
(i) The penalty of prision mayor in its medium period shall be imposed
upon any person who shall unlawfully acquire or possess
ammunition for a Class-A light weapon. If the violation of this
paragraph is committed by the same person charged with the
unlawful acquisition or possession of a Class-A light weapon, the
former violation shall be absorbed by the latter;
(j) The penalty of prision mayor in its maximum period shall be imposed
upon any person who shall unlawfully acquire or possess a major
part of a Class-B light weapon; and
(k) The penalty of prision mayor in its maximum period shall be
imposed upon any person who shall unlawfully acquire or possess
ammunition for a Class-B light weapon. If the violation of this
paragraph is committed by the same person charged with the
unlawful acquisition or possession of a Class-B light weapon, the
former violation shall be absorbed by the latter.
SEC. 29. Use of Loose Firearm in the Commission of a Crime. – The use of a
loose firearm, when inherent in the commission of a crime punishable under

39
 the Revised Penal Code or other special laws, shall be considered as an
aggravating circumstance: Provided, That if the crime committed with the
use of a loose firearm is penalized by the law with a maximum penalty
which is lower than that prescribed in the preceding section for illegal
possession of firearm, the penalty for illegal possession of firearm shall be
imposed in lieu of the penalty for the crime charged: Provided, further, That
if the crime committed with the use of a loose firearm is penalized by the
law with a maximum penalty which is equal to that imposed under the
preceding section for illegal possession of firearms, the penalty of prision
mayor in its minimum period shall be imposed in addition to the penalty for
the crime punishable under the Revised Penal Code or other special laws of
which he/she is found guilty.
If the violation of this Act is in furtherance of, or incident to, or in
connection with the crime of rebellion of insurrection, or attempted coup d’
etat, such violation shall be absorbed as an element of the crime of rebellion
or insurrection, or attempted coup d’ etat.
If the crime is committed by the person without using the loose firearm, the
violation of this Act shall be considered as a distinct and separate offense.
SEC. 30. Liability of Juridical Person. – The penalty of prision mayor in its
minimum to prision mayor in its medium period shall be imposed upon the
owner, president, manager, director or other responsible officer of/any
public or private firm, company, corporation or entity who shall willfully or
knowingly allow any of the firearms owned by such firm, company,
corporation or entity to be used by any person or persons found guilty of
violating the provisions of the preceding section, or willfully or knowingly
allow any of them to use unregistered firearm or firearms without any legal
authority to be carried outside of their residence in the course of their
employment.
SEC. 31. Absence of Permit to Carry Outside of Residence. – The penalty
of prision correccional and a fine of Ten thousand pesos (P10,000.00) shall
be imposed upon any person who is licensed to own a firearm but who shall
carry the registered firearm outside his/her residence without any legal
authority therefor.
SEC. 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms
or Ammunition or Parts Thereof, Machinery, Tool or Instrument Used or
Intended to be Used in the Manufacture of Firearms, Ammunition or Parts
Thereof. – The penalty of reclusion temporal to reclusion perpetua shall be
imposed upon any person who shall unlawfully engage in the manufacture,
importation, sale or disposition of a firearm or ammunition, or a major part
of a firearm or ammunition, or machinery, tool or instrument used or
intended to be used by the same person in the manufacture of a firearm,
ammunition, or a major part thereof.
The possession of any machinery, tool or instrument used directly in the
manufacture of firearms, ammunition, or major parts thereof by any person
whose business, employment or activity does not lawfully deal with the
possession of such article, shall be prima facie evidence that such article is

40
 intended to be used in the unlawful or illegal manufacture of firearms,
ammunition or parts thereof.
The penalty of prision mayor in its minimum period to prision mayor in its
medium period shall be imposed upon any laborer, worker or employee of a
licensed firearms dealer who shall unlawfully take, sell or otherwise dispose
of parts of firearms or ammunition which the company manufactures and
sells, and other materials used by the company in the manufacture or sale of
firearms or ammunition. The buyer or possessor of such stolen part or
material, who is aware that such part or material was stolen, shall suffer the
same penalty as the laborer, worker or employee.
If the violation or offense is committed by a corporation, partnership,
association or other juridical entity, the penalty provided for in this section
shall be imposed upon the directors, officers, employees or other officials or
persons therein who knowingly and willingly participated in the unlawful act.
SEC. 33. Arms Smuggling. – The penalty of reclusion perpetua shall be
imposed upon any person who shall engage or participate in arms
smuggling as
defined in this Act.
SEC. 34. Tampering, Obliteration or Alteration of Firearms Identification. –
The penalty of prision correccional to prision mayor in its minimum period
shall be imposed upon any person who shall tamper, obliterate or alter
without authority the barrel, slide, frame, receiver, cylinder, or bolt
assembly, including the name of the maker, model, or serial number of any
firearm, or who shall replace without authority the barrel, slide, frame,
receiver, cylinder, or bolt assembly, including its individual or peculiar
identifying characteristics essential in forensic examination of a firearm or
light weapon.
SEC. 35. Use of an Imitation Firearm. – An imitation firearm used in the
commission of a crime shall be considered a real firearm as defined in this
Act and the person who committed the crime shall be punished in
accordance with this Act: Provided, That injuries caused on the occasion of
the conduct of competitions, sports, games, or any recreation activities
involving imitation firearms shall not be punishable under this Act.

Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders (P.D.

1829)
SEC. 1. The penalty of prision correccional in its maximum period, or a fine
ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any
person who knowingly or willfully obstructs, impedes, frustrates or delays
the apprehension of suspects and the investigation and prosecution of
criminal cases by committing any of the following acts:
(a) preventing witnesses from testifying in any criminal proceeding or from
reporting the commission of any offense or the identity of any offender/s
by means of bribery, misrepresentation, deceit, intimidation, force or
threats;
41
 (b) altering, destroying, suppressing or concealing any paper, record,
document, or object, with intent to impair its verity, authenticity,
legibility, availability, or admissibility as evidence in any investigation
of or official proceedings in, criminal cases, or to be used in the
investigation of, or official proceedings in, criminal cases;
(c) harboring or concealing, or facilitating the escape of, any person he
knows, or has reasonable ground to believe or suspect, has committed
any offense under existing penal laws in order to prevent his arrest
prosecution and conviction;
(d) publicly using a fictitious name for the purpose of concealing a crime,
evading prosecution or the execution of a judgment, or concealing his
true name and other personal circumstances for the same purpose or
purposes;
(e) delaying the prosecution of criminal cases by obstructing the service of
process or court orders or disturbing proceedings in the fiscal's offices,
in Tanodbayan, or in the courts;
(f) making, presenting or using any record, document, paper or object with
knowledge of its falsity and with intent to affect the course or outcome
of the investigation of, or official proceedings in, criminal cases;
(g) soliciting, accepting, or agreeing to accept any benefit in consideration
of abstaining from, discounting, or impeding the prosecution of a
criminal offender;
(h) threatening directly or indirectly another with the infliction of any
wrong upon his person, honor or property or that of any immediate
member or members of his family in order to prevent such person from
appearing in the investigation of, or official proceedings in, criminal
cases, or imposing a condition, whether lawful or unlawful, in order to
prevent a person from appearing in the investigation of or in official
proceedings in, criminal cases;
(i) giving of false or fabricated information to mislead or prevent the law
enforcement agencies from apprehending the offender or from
protecting the life or property of the victim; or fabricating information
from the data gathered in confidence by investigating authorities for
purposes of background information and not for publication and
publishing or disseminating the same to mislead the investigator or to
the court.
If any of the acts mentioned herein is penalized by any other law with a higher
penalty, the higher penalty shall be imposed.

42
 Title Four
CRIMES AGAINST PUBLIC INTEREST

Chapter One
FORGERIES

Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands,
forging the signature or stamp of the Chief Executive.
Punishable acts:
1) Forging the Great Seal of the Government of the Philippines;
2) Forging the signature of the President; and
3) Forging the stamp of the President.

Art. 162. Using forged signature or counterfeit seal or stamps.

Elements:
1) The Great Seal of the Republic was counterfeited or the signature or
stamp of the Chief Executive was forged by another person;
2) Offender knew of the counterfeiting or forgery; and
3) He used the counterfeit seal or forged signature or stamp.

Art. 163. Making and importing and uttering false coins.

Elements:
1) There be false or counterfeited coins;
2) Offender either made, imported or uttered such coins; and
3) In case of uttering such false or counterfeited coins, he connived
with the counterfeiters or importers.

Art. 164. Mutilation of coins.

Punishable acts:
1) Mutilating coins of the legal currency, with the further requirement
that there be intent to damage or to defraud another; and
2) Importing or uttering such mutilated coins, with the further
requirement that there must be connivance with the mutilator or
importer in case of uttering.

Art. 165. Selling of false or mutilated coin, without connivance.

Punishable acts:
1) Possession of coin, counterfeited or mutilated by another person,
with intent to utter the same, knowing that it is false or mutilated.
Elements:
a) Possession (includes constructive possession);
b) With intent to utter, and

43
 c) Knowledge.
2) Actually uttering such false or mutilated coin, knowing the same to
be false or mutilated.
Elements:
a) Actually uttering, and
b) Knowledge.

Art. 166. Forging treasury or bank notes or other documents payable to bearer;
importing, and uttering such false or forged notes and documents; importing, and
uttering such false or forged notes and documents.
Punishable acts:
1) Forging or falsification of treasury or bank notes or other documents
payable to bearer;
2) Importation of such false or forged obligations or notes;
3) Uttering of such false or forged obligations or notes in connivance
with the forgers or importers.

Art. 167. Counterfeiting, importing, and uttering instruments not payable to bearer.
Elements:
1) There is an instrument payable to order or other document of credit
not payable to bearer;
2) Offender either forged, imported or uttered such instrument; and
3) In case of uttering, he connived with the forger or importer.

Art. 168. Illegal possession and use of false treasury or bank notes and other
Instruments of credit.
Elements:
1) Any treasury or bank note or certificate or other obligation and
security payable to bearer, or any instrument payable to order or
other document of credit not payable to bearer is forged or falsified
by another person;
2) Offender knows that any of the said instruments is forged or
falsified; and
3) He either:
a) uses any of such forged or falsified instruments; or
b) possesses with intent to use any of such forged or falsified
instruments.

Art. 169. How forgery is committed.

1) By giving to a treasury or bank note or any instrument payable to
bearer or to order mentioned therein, the appearance of a true and
genuine document;

44
 2) By erasing, substituting, counterfeiting, or altering by any means the
figures, letters, words, or sign contained therein.

Art. 170. Falsification of legislative documents.

Elements:
1) There is a bill, resolution or ordinance enacted or approved or
pending approval by either House of the Legislature or any
provincial board or municipal council;
2) Offender alters the same;
3) He has no proper authority therefor; and
4) The alteration has changed the meaning of the document.

Art. 171. Falsification by public officer, employee or notary or ecclesiastical minister.

Elements:
1) Offender is a public officer, employee, or notary public, or an
ecclesiastical minister;
2) He takes advantage of his official position;
a) He has the duty to make or prepare or to otherwise intervene
in the preparation of the document; or
b) He has the official custody of the document which he falsifies.
3) He falsifies a document by committing any of the following acts:
a) Counterfeiting or imitating any handwriting, signature, or rubric;
b) Causing it to appear that persons have participated in any act
or proceeding when they did not in fact so participate;
c) Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by them;
and
d) Making untruthful statements in a narration of facts.
Elements:
i. Offender makes in a document untruthful statements in
a narration of facts;
ii. He has legal obligation to disclose the truth of the facts
narrated by him;
iii. The facts narrated by the offender are absolutely false;
and
iv. The untruthful narration must be such as to affect the
integrity of the document or to change the effects
which it would otherwise produce.
e) Altering true dates;
f) Making any alteration or intercalation in a genuine document
which changes its meaning;

45
 Elements:
i. There is an alteration (change) or intercalation
(insertion) on a document;
ii. It was made on a genuine document;
iii. The alteration or intercalation had changed the
meaning of the document; and
iv. The change made the document speak something false.
g) Issuing in authenticated form a document purporting to be a
copy of an original document when no such original exists, or
including in such copy a statement contrary to, or different
from, that of the genuine original;
h) Intercalating any instrument or note relative to the issuance
thereof in a protocol, registry or official book;
4) In case the offender is an ecclesiastical minister, the act of
falsification is committed with respect to any record or document of
such character that its falsification may affect the civil status of
persons.

Art. 172. Falsification by private individuals and use of falsified documents

Punishable acts:
1) Falsification of public or official or commercial document by a
private individual.
Elements:
a) Offender is a private individual or public officer or
employee who did not take advantage of his official
position;
b) He committed any act of falsification;
c) The falsification was committed in a public, official, or
commercial document or letter of exchange.
2) Falsification of private document by any person.
Elements:
a) Offender committed any of the acts of falsification except Art.
171 (7), that is, issuing in an authenticated form a document
purporting to be a copy of an original document when no such
original exists, or including in such a copy a statement
contrary to, or different from that of the genuine original;
b) Falsification was committed in any private document; andd
c) Falsification caused damage to a third party or at least the
falsification was committed with intent to cause such damage.

46
 3) Use of falsified document.
Elements:
a) In introducing in a judicial proceeding –
i. Offender knew that the document was falsified by
another person;
ii. The falsified document is embraced in Articles 171
or 172 (1 or 2);
iii. He introduced said document in evidence in a
judicial proceeding
b) In use in any other transaction –
Elements:
i. Offender knew that a document was falsified by
another person; and
ii. The false document is embraced in Articles 171
or 172 (1 or 2);
iii. He used such document (not in judicial
proceedings); and
iv. The use caused damaged to another or at least
used with intent to cause damage.

Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use
of said falsified messages.
Punishable acts:
1) Uttering fictitious wireless, telegraph or telephone message;
2) Falsifying wireless, telegraph or telephone message.
Elements of par. 1 and 2:
a) Offender is an officer or employee of the government or
an officer or employee of a private corporation, engaged in
the service of sending or receiving wireless, cable or
telephone message;
b) That the offender commits any of the following acts:
i. utters fictitious wireless, cable, telegraph or
telephone message; or
ii. falsifies wireless, cable, telegraph, or telephone
message.
3) Using such falsified message.
Elements:
a) Offender knew that wireless, cable, telegraph, or telephone
message was falsified by an officer or employee of a
private

47
 corporation, engaged in the service of sending or receiving
wireless, cable or telephone message;
b) He used such falsified dispatch; and
c) The use resulted in the prejudice of a third party or at least
there was intent to cause such prejudice.

Art. 174. False medical certificates, false certificates of merits or service, etc.
Punishable acts:
1) Issuance of a false certificate by a physician or surgeon in connection
with the practice of his profession.

Note: The crime is False Medical Certificate by a physician.

2) Issuance of a false certificate of merit or service, good conduct or

similar circumstances by a public officer; and

Note: The crime is False Certificate of Merit or Service by a public officer.

3) Falsification by a private person of any certificate falling within 1

and 2.

Note: The crime is False Medical Certificate or False Certificate of Merit or Service by
a private individual.

Art. 175. Using false certificates.

Elements:
1) A physician or surgeon had issued a false medical certificate, or
public officer issued a false certificate of merit or service, good
conduct, or similar circumstance, or a private person had falsified
any of said certificates;
2) Offender knew that the certificate was false; and
3) He used the same;

Art. 176. Manufacturing and possession of instruments or implements for falsification.

Punishable acts:
1) Making or introducing into the Philippines any stamps, dies, marks,
or other instruments or implements for counterfeiting or falsification;
and
2) Possessing with intent to use the instrument or implements for
counterfeiting or falsification made in or introduced into the
Philippines by another person.

48
 Chapter Two
OTHER FALSITIES

Art. 177. Usurpation of authority or official functions.

Punishable acts:
1) Usurpation of Authority.
Offender knowingly and falsely represents himself to be an officer,
agent or representative of any department or agency of the Philippine
Government or any foreign government.
2) Usurpation of Official Functions.
Elements
a) Offender performs any act under pretense of official
position;
b) The act pertains to any person in authority or public officer
of the Philippine Government or of a foreign government
or any agency thereof; and
c) He is not lawfully entitled to do so.

Art. 178. Using fictitious name and concealing true name.

Punishable acts:
1) Using fictitious name.
Elements:
a) Offender uses a name other than his real name;
b) He uses the fictitious name publicly; and
c) Purpose of the offender is either –
i. to conceal a crime, or
ii. to evade the execution of a judgment; or
iii. to cause damage to public interest.
2) Concealing true name.
Elements:
a) Offender conceals –
i. His true name; and
ii. All other personal circumstances.
b) Purpose is only to conceal his identity.

Art. 179. Illegal use of uniforms or insignia.

Elements:
1) Offender makes use of insignia, uniform or dress;
2) The insignia, uniform or dress pertains to an office not held by the
offender or to a class of persons of which he is not a member; and
3) Said insignia, uniform, or dress is used publicly and improperly.

49
Art. 180. False testimony against a defendant.
Elements:
1) There is a criminal proceeding;
2) Offender testifies falsely under oath against the defendant therein;
3) Offender who gives false testimony knows that it is false; and
4) Defendant against whom the false testimony is given is either
acquitted or convicted in a final judgment.

Art. 181. False testimony favorable to the defendants.

Elements:
1) A person gives false testimony;
2) In favor of the defendant; and
3) In a Criminal case.

Art. 182. False testimony in civil cases.

Elements:
1) Testimony is given in a civil case;
2) Testimony relates to the issues presented in said case;
3) Testimony is false;
4) Testimony is given by the defendant knowing the same to be false;
and
5) Testimony is malicious and given with an intent to affect the issued
presented in said case.

Art. 183. False testimony in other cases and Perjury in solemn affirmation (Perjury).
Elements:
1) Accused made a statement under oath or executed an affidavit upon a
material matter.
Ways of committing perjury:
a) Falsely testifying under oath; and
b) Making a false affidavit.
2) The statement or affidavit was made before a competent officer,
authorized to receive and administer oath;
3) Accused made a willful and deliberate assertion of a falsehood in the
statement or affidavit; and
4) The said sworn statement or affidavit containing the falsity is
required by law.

Art. 184. Offering false testimony in evidence.

Elements:
1) Offender offered in evidence a false witness or false testimony;

50
 2) He knew the witness or testimony was false; and
3) Offer was made in a judicial or official proceeding.

Chapter Three
FRAUDS

Art. 185. Machinations in public auctions.

Punishable acts:
1) Soliciting any gift or promise as a consideration for refraining from
taking part in any public auction.
Elements:
a) There is a public auction;
b) Offender solicits any gift or a promise from any of the
bidders;
c) Such gift or promise is the consideration for his refraining
from taking part in that public auction; and
d) Offender has the intent to cause the reduction of the price
of the thing auctioned.
2) Attempting to cause bidders to stay away from an auction by threats,
gifts, promises or any other artifice.
Elements:
a) There is a public auction;
b) Offender attempts to cause the bidders to stay away from
that public auction;
c) It is done by threats, gifts, promises or any other artifice;
and
d) Offender has the intent to cause the reduction of the price
of the thing auctioned.

Art. 186. Monopolies and combinations in restraint of trade.

Punishable acts:
1) Combination to prevent free competition in the market.
Elements:
a) Entering into any contract or agreement or taking part in
any conspiracy or combination in the form of a trust or
otherwise; and
b) Said act is done in restraint of trade or commerce or to
prevent by artificial means free competition in the market.
2) Monopoly to restrain free competition in the market.

51
 Elements:
a) Monopolizing any merchandise or object of trade or
commerce, or by combining with any other person or
persons to monopolize said merchandise or object;
b) Said act is done in order to alter the prices thereof by
spreading false rumors or making use of any other artifice
to restrain free competition in the market; and
3) Manufacturer, producer, or processor or importer combining,
conspiring or agreeing with any person to make transactions
prejudicial to lawful commerce or to increase the market price of
merchandise.
Elements:
a) Manufacturer, producer, processor or importer of any
merchandise or object of commerce;
b) Combines, conspires, or agrees with any person; and
c) Purpose is to make transactions prejudicial to lawful
commerce or to increase the market price of any
merchandise or object of commerce manufactured,
produced, processed, assembled or imported into the
Philippines.

Art. 187. Importation and disposition of falsely marked articles or merchandise made
of gold, silver, or other precious metals or their alloys.
Elements:
1) Offender imports, sells, or disposes any articles or merchandise made
of gold, silver, or other precious metals or their alloys;
2) The stamps, brands, or marks of those articles of merchandise fail to
indicate the actual fineness or quality of said metals or alloys; and
3) Offender knows that the stamps, brands or marks fail to indicate the
actual fineness or the quality of the metals or alloys.

Anti–Alias Law (C.A. NO. 142), as amended by RA 6085, An Act Regulating the Use
of Aliases.
General rule:
No person shall use any name different from the one –
1) with which he was registered at birth in the office of the local civil
registry; or
2) with which he was registered in the Bureau of Immigration upon his
entry into the Philippines; or
3) such substitute name as may have been authorized by a competent
court.

52
 Exception:
As pseudonym solely for literary, cinema, television, radio or other
entertainment purposes and in athletic events where the use of
pseudonym is a normally accepted practice.

Access Devices Regulation Act of 1998 (R.A. 8484)

Access Device means any card, plate, code, account number, electronic serial
number, personal identification number, or other telecommunications service,
equipment, or instrumental identifier, or other means of account access that can
be used to obtain money, good, services, or any other thing of value or to
initiate a transfer of funds (other than a transfer originated solely by paper
instrument) Prohibited Acts. The following acts shall constitute access device
fraud and are hereby declared to be unlawful:
a) producing, using, trafficking in one or more counterfeit access devices;
b) trafficking in one or more unauthorized access devices or access devices
fraudulently applied for;
c) using, with intent to defraud, an unauthorized access device;
d) using an access device fraudulently applied for;
e) possessing one or more counterfeit access devices or access devices
fraudulently applied for;
f) producing, trafficking in, having control or custody of, or possessing
device-making or altering equipment without being in the business or
employment, which lawfully deals with the manufacture, issuance, or
distribution of such equipment;
g) inducing, enticing, permitting or in any manner allowing another, for
consideration or otherwise to produce, use, traffic in counterfeit access
devices, unauthorized access devices or access devices fraudulently
applied for;
h) multiple imprinting on more than one transaction record, sales slip or
similar document, thereby making it appear that the device holder has
entered into a transaction other than those which said device holder had
lawfully contracted for, or submitting, without being an affiliated
merchant, an order to collect from the issuer of the access device, such
extra sales slip through an affiliated merchant who connives therewith,
or, under false pretenses of being an affiliated merchant, present for
collection such sales slips, and similar documents; cdtai
i) disclosing any information imprinted on the access device, such as, but
not limited to, the account number or name or address of the device
holder, without the latter's authority or permission;
j) obtaining money or anything of value through the use of an access
device, with intent to defraud or with intent to gain and fleeing
thereafter;
k) having in one's possession, without authority from the owner of the
53
access device or the access device company, an access device, or any
material,

54
 such as slips, carbon paper, or any other medium, on which the access
device is written, printed, embossed, or otherwise indicated;
l) writing or causing to be written on sales slips, approval numbers from
the issuer of the access device of the fact of approval, where in fact no
such approval was given, or where, if given, what is written is
deliberately different from the approval actually given;
m) making any alteration, without the access device holder's authority, of
any amount or other information written on the sales slip;
n) effecting transaction, with one or more access devices issued to another
person or persons, to receive payment or any other thing of value;
o) without the authorization of the issuer of the access device, soliciting a
person for the purpose of
1) offering an access device; or
2) selling information regarding or an application to obtain an access
device; or
p) without the authorization of the credit card system member or its agent,
causing or arranging for another person to present to the member or its
agent, for payment, one or more evidence or records of transactions
made by credit card.

Anti–Camcording Act of 2010 (R.A. 10088)

Acts Constituting Unauthorized Possession, Use and/or Control of Audiovisual
Recording Devices. - It shall be unlawful for any person, at a time when
copyright subsists in a cinematographic film or other audiovisual work or its
soundtrack and without the authorization of the copyright owner or exclusive
licensee thereof, to:
a) use or attempt to use an audiovisual recording device to transmit or
make a copy of any performance in an exhibition facility of such
cinematographic film or other audiovisual work or its soundtrack, or any
part thereof;
b) have in his/her possession, an audiovisual recording device in an
exhibition facility, with the intent of using or attempts to use the
audiovisual recording device to transmit or make a copy of any
performance in the exhibition facility of such cinematographic film or
other audiovisual work or its soundtrack, or any part thereof; or
c) aid, abet or connive in the commission of the acts prohibited under this
section.
Section 8 - Powers of Authorized Persons to Enter an Exhibition Facility
and Search the Same. - An authorized person, without a warrant and
without payment of any admission fee or other charge, may enter and
search any exhibition facility if the authorized person has reasonable
ground to believe that any violation of this Act has been or is being

55
 committed and, due to the delay necessary to obtain a warrant could
result in the loss or destruction of evidence, or for any other reason it
would not be reasonably practicable to obtain a warrant.

Section 9 - Other Powers of Authorized Persons. - An authorized person who

has reasonable ground to believe that a violation under this Act has been or is
being committed may:
a) search any person if the person subject of the search has in his/her actual
possession, any audiovisual recording device, in respect of which an
offense under this Act has been or is being committed;
b) seize, remove or detain any audiovisual recording device or other object
which appears to contain, or likely to contain evidence of an offense
committed under this Act;
c) use reasonable force to remove any person or object obstructing the
authorized person in the exercise of any power conferred upon him/her
by this Act;
d) detain any person, within a reasonable time not exceeding eighteen (18)
hours, found in any place which the authorized person is empowered to
enter and search if, after inquiry made, said authorized person has
reasonable ground to believe that the person subject of the search is
connected with the subject matter of the search and it is considered
necessary to detain the person subject of the search to be able to
adequately perform the search; and
e) require the operator of an exhibition facility or any other person who
appears to be at the time responsible for the control or management of
the exhibition facility to give information or render assistance that may
be necessary to enable the authorized person to carry out the functions
under this Act.

Anti–Drunk and Drugged Driving Act of 2013 (R.A. 10586)

Section 5 - Punishable Act. – It shall be unlawful for any person to drive a
motor vehicle while under the influence of alcohol, dangerous drugs
and/or other similar substances.
Section 6 - Conduct of Field Sobriety, Chemical and Confirmatory Tests. –
A law enforcement officer who has probable cause to believe that a
person is driving under the influence of alcohol, dangerous drugs and/or
other similar substances by apparent indications and manifestations,
including overspeeding, weaving, lane straddling, sudden stops,
swerving, poor coordination or the evident smell of alcohol in a person’s
breath or signs of use of dangerous drugs and other similar substances,
shall conduct field sobriety tests.

56
 If the driver fails in the sobriety tests, it shall be the duty of the law
enforcement officer to implement the mandatory determination of the
driver’s blood alcohol concentration level through the use of a breath
analyzer or similar measuring instrument.
If the law enforcement officer has probable cause to believe that a
person is driving under the influence of dangerous drugs and/or other
similar substances, it shall be the duty of the law enforcement officer to
bring the driver to the nearest police station to be subjected to a drug
screening test and, if necessary, a drug confirmatory test as mandated
under Republic Act No. 9165.
Law enforcement officers and deputized local traffic enforcement
officers shall be responsible in implementing this section.
Section 7 - Mandatory Alcohol and Chemical Testing of Drivers Involved
in Motor Vehicular Accidents. – A driver of a motor vehicle involved in
a vehicular accident resulting in the loss of human life or physical
injuries shall be subjected to chemical tests, including a drug screening
test and, if necessary, a drug confirmatory test as mandated under
Republic Act No. 9165, to determine the presence and/or concentration
of alcohol, dangerous drugs and/or similar substances in the bloodstream
or body.
Section 12 - Penalties. – A driver found to have been driving a motor
vehicle while under the influence of alcohol, dangerous drugs and/or
other similar substances, as provided for under Section 5 of this Act,
shall be penalized as follows:
a) If the violation of Section 5 did not result in physical injuries or
homicide, the penalty of three (3) months imprisonment, and a
fine ranging from Twenty thousand pesos (Php20,000.00) to
Eighty thousand pesos (Php80,000.00) shall be imposed;
b) If the violation of Section 5 resulted in physical injuries, the
penalty provided in Article 263 of the Revised Penal Code or the
penalty provided in the next preceding subparagraph, whichever
is higher, and a fine ranging from One hundred thousand pesos
(Php100,000.00) to Two hundred thousand pesos
(Php200,000.00) shall be imposed;
c) If the violation of Section 5 resulted in homicide, the penalty
provided in Article 249 of the Revised Penal Code and a fine
ranging from Three hundred thousand pesos (Php300,000.00) to
Five hundred thousand pesos (Php500,000.00) shall be imposed;
and
d) The nonprofessional driver’s license of any person found to have
violated Section 5 of this Act shall also be confiscated and
suspended for a period of twelve (12) months for the first
conviction and perpetually revoked for the second conviction.
57
The professional driver’s license of any person found to have
violated

58
 Section 5 of this Act shall also be confiscated and perpetually
revoked for the first conviction. The perpetual revocation of a
driver’s license shall disqualify the person from being granted
any kind of driver’s license thereafter.
The prosecution for any violation of this Act shall be without
prejudice to criminal prosecution for violation of the Revised
Penal Code, Republic Act No. 9165 and other special laws and
existing local ordinances, whenever applicable.
Section 13 - Direct Liability of Operator and/or Owner of the Offending
Vehicle. – The owner and/or operator of the vehicle driven by the
offender shall be directly and principally held liable together with the
offender for the fine and the award against the offender for civil
damages unless he or she is able to convincingly prove that he or she has
exercised extraordinary diligence in the selection and supervision of his
or her drivers in general and the offending driver in particular.
This section shall principally apply to the owners and/or operators of
public utility vehicles and commercial vehicles such as delivery vans,
cargo trucks, container trucks, school and company buses, hotel
transports, cars or vans for rent, taxi cabs, and the like.

An Act Defining Cybercrime, Providing for The Prevention, Investigation,

Suppression and The Imposition of Penalties Therefor and for Other Purposes (R.A.
10175)
SEC. 4. Cybercrime Offenses. — The following acts constitute the
offense of cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability
of computer data and systems:
(1) Illegal Access. – The access to the whole or any part of a
computer system without right.
(2) Illegal Interception. – The interception made by technical
means without right of any non-public transmission of
computer data to, from, or within a computer system
including electromagnetic emissions from a computer
system carrying such computer data.
(3) Data Interference. — The intentional or reckless alteration,
damaging, deletion or deterioration of computer data,
electronic document, or electronic data message, without
right, including the introduction or transmission of viruses.
(4) System Interference. — The intentional alteration or
reckless hindering or interference with the functioning of a
computer or computer network by inputting, transmitting,
damaging, deleting, deteriorating, altering or suppressing
computer data or program, electronic document, or

59
 electronic data message, without right or authority,
including the introduction or transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement,
importation, distribution, or otherwise making
available, without right, of:
(aa) A device, including a computer
program, designed or adapted primarily for
the purpose of committing any of the
offenses under this Act; or
(bb) A computer password, access code, or
similar data by which the whole or any part
of a computer system is capable of being
accessed with intent that it be used for the
purpose of committing any of the offenses
under this Act.
(ii) The possession of an item referred to in
paragraphs 5(i)(aa) or (bb) above with intent
to use said devices for the purpose of
committing any of the offenses under this
section.
(6) Cyber-squatting. – The acquisition of a domain name over
the internet in bad faith to profit, mislead, destroy
reputation, and deprive others from registering the same, if
such a domain name is:
(i) Similar, identical, or confusingly similar to an
existing trademark registered with the
appropriate government agency at the time
of the domain name registration:
(ii) Identical or in any way similar with the name
of a person other than the registrant, in case
of a personal name; and
(iii) Acquired without right or with intellectual
property interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of
any computer data without right
resulting in inauthentic data with
the intent that it be considered or
acted upon for legal purposes as if
it were authentic, regardless
whether or not the data is directly
readable and intelligible; or
(ii) The act of knowingly using
computer data which is the
product
60
 of computer-related forgery as
defined herein, for the purpose of
perpetuating a fraudulent or
dishonest design.
(2) Computer-related Fraud. — The
unauthorized input, alteration, or
deletion of computer data or program
or interference in the functioning of a
computer system, causing damage
thereby with fraudulent
intent: Provided, That if no damage
has yet been caused, the penalty
imposable shall be one (1) degree
lower.
(3) Computer-related Identity Theft. –
The intentional acquisition, use,
misuse, transfer, possession,
alteration or deletion of identifying
information belonging to another,
whether natural or
juridical, without
right: Provided, That if no damage
has yet been caused, the penalty
imposable shall be one (1) degree
lower.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement,
maintenance, control, or operation,
directly or indirectly, of any
lascivious exhibition of sexual organs
or sexual activity, with the aid of a
computer system, for favor or
consideration.
(2) Child Pornography. — The unlawful
or prohibited acts defined and
punishable by Republic Act No.
9775 or the Anti-Child Pornography
Act of 2009, committed through a
computer system: Provided, That the
penalty to be imposed shall be (1) one
degree higher than that provided for
in Republic Act No. 9775.
(3) Unsolicited Commercial
Communications. — The
transmission of commercial
electronic
communication with the use of
61
 computer system which seek to
advertise, sell, or offer for sale

62
 products and services are prohibited
unless:
(i) There is prior affirmative consent
from the recipient; or
(ii) The primary intent of the
communication is for service
and/or administrative
announcements from the sender to
its existing users, subscribers or
customers; or
(iii) The following conditions are
present:
(aa)The commercial electronic
communication contains a
simple, valid, and reliable way
for the recipient to reject.
receipt of further commercial
electronic messages (opt-out)
from the same source;
(bb)The commercial electronic
communication does not
purposely disguise the source
of the electronic message; and
(cc)The commercial electronic
communication does not
purposely include misleading
information in any part of the
message in order to induce the
recipients to read the message.
(4) Libel. — The unlawful or prohibited
acts of libel as defined in Article 355
of the Revised Penal Code, as
amended, committed through a
computer system or any other similar
means which may be devised in the
future.
SEC. 5. Other Offenses. — The following acts shall also constitute an
offense:
(a) Aiding or Abetting in the Commission of Cybercrime. – Any
person who willfully abets or aids in the commission of any of
the offenses enumerated in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. — Any person
who willfully attempts to commit any of the offenses enumerated
in this Act shall be held liable.
SEC. 6. All crimes defined and penalized by the Revised Penal Code, as
amended, and special laws, if committed by, through and with the

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 use of information and communications technologies shall be
covered by the relevant provisions of this Act: Provided, That the
penalty to be imposed shall be one (1) degree higher than that
provided for by the Revised Penal Code, as amended, and special
laws, as the case may be.

Art. 188. Substituting and altering trademarks, trade names, or service marks.

Art. 189. Unfair competition, fraudulent registration of trade name, trademark, or

service mark, fraudulent designation of origin, and false description.

NOTE: Articles 188-189 have been repealed by RA 8293, The Intellectual Property
Code.

Title Five
CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

NOTE: Articles 190-194 have been repealed by RA 6425 [The Dangerous Drugs Act
of 1972], as amended by PD 1683 [Amending Certain Sections of RA 6425, As
Amended], RA 7659 [The Death Penalty Law], and further amended by RA 9165
[The Comprehensive Dangerous Drugs Act of 2002]

Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165).

Dangerous Drugs
Dangerous Drugs include those listed in the Schedules annexed to the
1961 Single Convention on Narcotic Drugs, as amended by the 1972
Protocol, and in the Schedules annexed to the 1971 Single Convention
on Psychotropic Substances (Sec. 3 (j), R.A. 9165).
Controlled Precursors and Essential Chemicals
It includes those listed in Tables I and II of the 1988 UN Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Punishable acts:
1) Importation of Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals (Sec. 4);
2) Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals (Sec. 5);
3) Maintenance of a Den, Dive or Resort. (Sec. 6);
4) Employees and Visitors of a Den, Dive or Resort (Sec. 7);
5) Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals (Sec. 8);

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 6) Illegal Chemical Diversion of Controlled Precursors and
Essential Chemicals (Sec. 9);
7) Manufacture or Delivery of Equipment, Instrument,
Apparatus, and Other Paraphernalia for Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals (Sec.
10);
8) Possession of Dangerous Drugs (Sec. 11);
9) Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs (Sec. 12);
10)Possession of Dangerous Drugs During Parties, Social
Gatherings or Meetings (Sec. 13);
11)Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs During Parties, Social
Gatherings or Meetings (Sec. 14);
12)Use of Dangerous Drugs (Sec. 15);
13)Cultivation or Culture of Plants Classified as Dangerous
Drugs or are Sources Thereof (Sec. 16);
14)Maintenance and Keeping of Original Records of
Transactions on Dangerous Drugs and/or Controlled;
Precursors and Essential Chemicals (Sec. 17);
15)Unnecessary Prescription of Dangerous Drugs (Sec. 18); and
16)Unlawful Prescription of Dangerous Drugs (Sec. 19).
Importation of dangerous drugs and/or controlled precursors and essential
chemicals (sec. 4)
Is committed by:
Any person, who, unless authorized by law, shall import or bring
into the Philippines any dangerous drug, regardless of the quantity
and purity involved, including any and all species of opium poppy or
any part thereof or substances derived there from even for floral,
decorative and culinary purposes.
Sale, trading, administration, dispensation, delivery, distribution and
transportation of dangerous drugs and/or controlled precursors and
essential chemicals. (Sec.5).
Selling Dangerous Drugs
Act of giving away any dangerous drug and/or controlled precursor and
essential chemical whether for money of any other consideration.
Elements of sale of illegal drugs:
1) The identity of the buyer and the seller;
2) The object and the consideration; and
3) The delivery of the thing sold and the payment thereof.

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 Persons liable for drug pushing under Sec. 5 of RA 9165:
1) Financiers;
2) Leaders and Organizers; and
3) The Protector or a Coddler.

NOTE: Law enforcement agents who fail to arrest drug pushers or individuals in illegal
possession of drugs may be held liable as protectors or coddlers.

Deliver
An act of knowingly passing a dangerous drug to another, personally or
otherwise, and by any means, with or without consideration.

Maintenance of a den, dive or resort (Sec.6)

Persons liable:
1) Owner of den, dive or resort where any dangerous drug is used or
sold in any form;
2) Employee of den dive or resort who is aware of the nature of the
place as such; and
3) Visitor of den, dive or resort who is aware of the nature of the place
as such and shall knowingly visit the same.

NOTE: If such den, dive or resort is owned by a third person, the same shall be
confiscated and escheated in favor of the government.
Requisites if the den or dive is owned by a third person:
1) The criminal complaint shall allege that such place is intentionally
used in the furtherance of the crime;
2) The prosecution shall prove such intent on the part of the owner to
use the property for such purpose; and
3) The owner shall be included as an accused in the criminal complaint.

Manufacture of dangerous drugs and/or controlled precursors and essential

chemicals; equipment, instrument, apparatus, and other paraphernalia for
dangerous drugs and/or controlled precursors and essential chemicals (Sec.8).

Instances included in the term “manufacturing” it is the:

1) The production, preparation, compounding or processing of any
dangerous drug and/or controlled precursor and essential chemical,
either directly or indirectly or by extraction from substances of
natural origin, or independently by means of chemical synthesis or
by a combination of extraction and chemical synthesis;

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 2) And shall include any packaging or repackaging of such substances,
design or configuration of its form, or labeling or relabeling of its
container; and
3) Except preparation, compounding, packaging or labeling of a drug or
other substances by a duly authorized practitioner as an incident to
his/her administration or dispensation of such drug or substance in
the course of his/her professional practice including research,
teaching and chemical analysis of dangerous drugs or such
substances that are not intended for sale or for any other purpose
(Sec. 8).
Prima facie proof of manufacture
Mere presence of controlled precursor and essential chemical or
laboratory equipment in the clandestine laboratory.
Illegal Possession of Dangerous Drugs (Sec. 11)
Elements:
1) The accused is in possession of an item or an object identified to be a
prohibited or a regulated drug;
2) Such possession is not authorized by law; and
3) The accused freely and consciously possessed the said drug.
Constructive Possession
It exists when the drug is under the dominion and control of the accused
or when he has the right to exercise dominion and control over the place
where it is found.
Illegal Possession of Drug Paraphernalia (Sec. 12).
A person was found in possession of empty plastic sachets and other
instruments used for using dangerous drugs. He is therefore liable for
Illegal Possession of Drug Paraphernalia.
Illegal possession of dangerous drugs during parties, social gatherings or
meetings (Sec. 13).
A person was found in possession of dangerous drug in a party, social
gatherings or meetings, or in the proximate company of at least two (2)
persons; the maximum penalty prescribed by law shall be imposed.
Illegal use of dangerous drugs (Sec.
15) Elements of this crime:
1) The offender was apprehended or arrested in the actual use of
dangerous drugs;
2) After a confirmatory test, he was found to be positive for use of any
dangerous drugs; and
3) No other dangerous drug was found in his possession.

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Note: Where the person tested is also found to have in his possession any other
dangerous drugs, s/he shall be prosecuted in accordance with Sec. 11, for illegal
possession of dangerous drugs. Custody and disposition of confiscated, seized and/or
surrendered dangerous drugs.
Procedure:
1) Upon seizure or confiscation of dangerous drugs, the same must be
physically inventoried;
2) Take photographs of the same in the presence of –
a) the accused or the person/s from whom the dangerous drugs have
been confiscated and/or seized, or in the presence of his/her
representative or counsel;
b) a representative from the media;
c) a representative from the DOJ, and
d) an elected public official who shall be required to sign the
inventory list and shall be given a copy of the same.
Chain of Custody Rule
Defined as “the duly recorded authorized movements and custody
of seized drugs or controlled chemicals or plant sources of
dangerous drugs or laboratory equipment of each stage, from the
time of seizure or confiscation to receipt in the forensic
laboratory to safekeeping to presentation in court for destruction”
Purpose of Chain of Custody
To ensure that the dangerous drug seized or confiscated from the
accused is the very same dangerous drug which has been tested
by the forensic chemist and it is the very same dangerous drug
presented in court, that is, there has been no substitution of
evidence.
Links that must be established in the chain of custody in a buybust
situation:
1) The seizure and marking, if practicable, of the illegal drug
recovered from the accused by the apprehending officer;
2) The turnover of the illegal drug seized by the apprehending
officer to the investigating officer;
3) The turnover by the investigating officer of the illegal drug to
the forensic chemist for laboratory examination; and
4) The turnover and submission of the marked illegal drug seized
from the forensic chemist to the court.
A positive finding for the use of dangerous drugs shall be a qualifying
circumstance. (Sec. 25).

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Notwithstanding the provisions of the law to the contrary, a positive finding for
the use of dangerous drugs shall be a QUALIFYING AGGRAVATING
CIRCUMSTANCE in the commission of a crime by an offender, and the
applicable penalty provided for in the RPC shall be applicable.
Attempt or Conspiracy, and Effect on Liability (Sec. 26).
Any attempt or conspiracy of any of the following acts shall be punished
already by penalty prescribed by law:
1) Importation of any dangerous drug and/or controlled
precursor and essential chemical;
2) Sale, trading, administration, delivery, distribution, and
transportation of any dangerous drug and/or controlled
precursor and essential chemical;
3) Maintenance of a den, dive, or resort where any dangerous
drug is used in any form;
4) Manufacture of any dangerous drug and/or controlled
precursor and essential chemical; and
5) Cultivation or culture of plants which are the sources of
dangerous drugs.

Note: When the offense of sale is not consummated, the accused should not be
prosecuted for mere possession but should be charged under Section 26.

Limited applicability of the RPC. (Sec. 98).

Under Article 10 of the RPC, the provisions of the RPC shall apply suppletorily
or supplementarily to the provisions of the special penal laws UNLESS the
special penal law provides otherwise.
One of the exceptions is provided for in Section 98 of RA 9165, it is provided
that the provisions of RPC, as amended, shall not apply to the provisions of RA
9165. The law uses the word shall; therefore, you cannot apply the provision of
RPC to the provisions of RA 9165.
Exception to Section 98: If the offender is a minor offender.
Where the offender is a minor, the penalty for acts punishable by life
imprisonment to death provided herein shall be reclusion perpetua to death.

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 Title Six
CRIMES AGAINST PUBLIC MORALS

Chapter One
GAMBLING AND BETTING

Note: Arts. 195-196 have been repealed and modified by P.D. Nos. 449, 483 and
1602, as amended by Letters of Instructions No. 816. Arts.197-199 has been repealed
and modified by P.D. 483 and P.D. 449.

Chapter Two
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

Art. 200. Grave scandal.

Elements:
1) Offender performs an act or acts;
2) Such act or acts be highly scandalous as offending against decency
or good customs;
3) Highly scandalous conduct is not expressly falling within any other
article of this Code;
4) Act or acts complained of be committed in a public place or within
the public knowledge or view.

Art. 201. Immoral doctrines, obscene publications and exhibitions, and indecent
shows as amended by PD 969.
Acts punished:
1) Publicly proclamation of doctrines openly contrary to public morals;
2) Publication of obscene literature.
Persons liable:
a) the author publishing the same with their knowledge;
b) the editor publishing such literature; and
c) the owners/operators of the establishment selling the same.
3) Exhibition of indecent or immoral plays, scenes, acts, or shows in
theaters, fairs, cinemas, or any other place. It shall include those
which:
a) glorify criminals or condone crimes;
b) serve no other purpose but to satisfy the market for
violence, lust or pornography;
c) offend any race, or religion;
d) tend to abet traffic in and use of prohibited drugs; and

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 e) are contrary to law, public order, morals, good customs,
established policies, lawful orders, decrees and edicts;
4) Selling, giving away, or exhibiting films, prints, engravings,
sculptures, or literatures which are offensive to morals.

Art. 202. Vagrants and prostitutes.

Person considered as vagrants:
1) Any person having no apparent means of subsistence, who has the
physical ability to work and who neglects to apply himself or herself
to some lawful calling; (Mendicant);
2) Any person found loitering about public or semi-public buildings or
places, or tramping or wandering about the country or the streets
without visible means of support;
3) Any idle or dissolute person who lodges in houses of illfame;
ruffians or pimps and those who habitually associate with prostitutes;
(Vagrant)
4) Any person who, not being included in the provisions of other
articles of this Code, shall be found loitering in any inhabited or
uninhabited place belonging to another without any lawful or
justifiable purpose; and
5) Prostitutes.

Note: Vagrancy has been decriminalized by R.A. No. 10158 which was approved on
March 27, 2012. We no longer have the crime of vagrancy. No person can longer be
prosecuted for being a vagrant.

But there is still a crime for prostitution.

Prostitutes
They are women who, for money or profit, habitually indulge in sexual
intercourse or lascivious conduct. Term prostitution is not applicable to
a man
The term is applicable only to a woman who, for money or profit,
habitually engages in sexual intercourse or lascivious conduct. A man
who engages in the same conduct is not a prostitute but a vagrant. But
his acts may be punished under city/municipal ordinances.

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 Title Seven
CRIMES COMMITTED BY PUBLIC OFFICERS

Chapter One
PRELIMINARY
PROVISIONS

Art. 203. Who are public officers.

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

Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE

Three forms of breach of oath or duty:

1) Misfeasance – improper execution of an act that is otherwise lawful.
2) Malfeasance – the execution of an act that should not be done.
3) Non-feasance – failure to perform an act that should be carried out.

Art. 204. Knowingly rendering unjust judgment.

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

Art. 205. Judgment rendered through negligence.

Elements:
1) Offender is a judge;
2) He renders a judgment in a case submitted to him for decision;
3) Judgment is manifestly unjust; and
4) It is due to his inexcusable negligence or ignorance

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Art. 206. Unjust interlocutory order.
Elements:
1) Offender is a judge;
2) He performs any of the following acts:
a) knowingly renders unjust interlocutory order or decree; or
b) renders a manifestly unjust interlocutory order or decree
through inexcusable negligence or ignorance.

Art. 207. Malicious delay in the administration of justice.

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

Art. 208. Prosecution of offenses; negligence and tolerance.

Punishable acts:
1) Maliciously refraining from instituting prosecution against violators
of the law; and
2) Maliciously tolerating the commission of offenses.
Elements of dereliction of duty in the prosecution of offenses:
a) Offender is a public officer or officer of the law who has a
duty to cause the prosecution of, or to prosecute, offenses;
b) There is a dereliction of the duties of his office, that is,
knowing the commission of the crime, he does not cause the
prosecution of the criminal, or knowing that a crime is about
to be committed, he tolerates its commission; and
c) Offender acts with malice and deliberate intent to favor the
violator of the law.

Art. 209. Betrayal of trust by an attorney or solicitor – Revelation of secrets.

Punishable acts:
1) Causing damage to his client, either:
a) by any malicious breach of professional duty;
b) by inexcusable negligence or ignorance.
2) Revealing any of the secrets of his client learned by him in his
professional capacity;
3) Undertaking the defense of the opposing party in the same case,
without the consent of his first client, after having undertaken the

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 defense of said first client or after having received confidential
information from said client.

Art. 210. Direct

Bribery.
Punishable acts:
1) By agreeing to perform, or by performing in consideration of any
offer, promise, gift or present, an act constituting a crime, in
connection with the performance of official duties;
2) By accepting a gift in consideration of the execution of an act which
does not constitute a crime, in connection with the performance of
his official duty; and
3) By agreeing to refrain, or by refraining, from doing something which
it is his official duty to do, in consideration of a gift or promise.
Elements:
a. Offender is a public officer within the scope of Art. 203;
b. Offender accepts an offer or promise or receives a gift or
present by himself or through another; and
c. Such offer or promise be accepted, or gift or present
received by the public officer –
i. With a view of committing some crime;
ii. In consideration of the execution of an act which does
not constitute a crime, but the act must be unjust; and
iii. To refrain from doing something, which is his official
duty to do.
4) That act which the offender agrees to perform or which he executes
be connected with the performance of his official duties.

Art. 211. Indirect bribery.

Elements:
1) Offender is a public officer;
2) He accepts gifts; and
3) Said gifts are offered to him by reason of his office

Art. 211-A. Qualified bribery.

Elements:
1) Offender is a public officer entrusted with law enforcement;
2) He refrains from arresting or prosecuting an offender who has
committed a crime punishable by reclusion perpetua and/or death;
and
3) He refrains from arresting or prosecuting the offender in
consideration of any promise, gift or present.
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Art. 212. Corruption of public officials.
Elements:
1) Offender makes offers or promise or gives gifts or presents to a
public officer; and
2) The offers or promises are made or the gifts or presents are given to
a public officer under circumstances that will make the public officer
liable for direct bribery or indirect bribery.

Anti-Torture Act (R.A. 9745)

Definitions. (Section 3).
Torture refers to:
1) An act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person for such purposes
as obtaining from him/her or a third person information or a
confession;
2) Punishing him/her for an act he/she or a third person has
committed or is suspected of having committed; or
3) Intimidating or coercing him/her or a third person; or
4) For any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation of or
with the consent or acquiescence of a person in authority or
agent of a person in authority.

It does not include pain or buffering arising only from, inherent in or incidental
to lawful sanctions.
Acts of Torture. (Section 4).
For purposes of this Act, torture shall include, but not be limited to, the
following:
1) Physical torture is a form of treatment or punishment inflicted
by a person in authority or agent of a person in authority upon
another in his/her custody that causes severe pain, exhaustion,
disability or dysfunction of one or more parts of the body,
such as:
a) Systematic beating, headbanging, punching, kicking,
striking with truncheon or rifle butt or other similar
objects, and jumping on the stomach;
b) Food deprivation or forcible feeding with spoiled food,
animal or human excreta and other stuff or substances
not normally eaten;
c) Electric shock;

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 d) Cigarette burning; burning by electrically heated rods,
hot oil, acid; by the rubbing of pepper or other
chemical substances on mucous membranes, or acids
or spices directly on the wound(s);
e) The submersion of the head in water or water polluted
with excrement, urine, vomit and/or blood until the
brink of suffocation;
f) Being tied or forced to assume fixed and stressful
bodily position;
g) Rape and sexual abuse, including the insertion of
foreign objects into the sex organ or rectum, or
h) electrical torture of the genitals;
i) Mutilation or amputation of the essential parts of the
body such as the genitalia, ear, tongue, etc.;
j) Dental torture or the forced extraction of the teeth;
k) Pulling out of fingernails;
l) Harmful exposure to the ELEMENTS such as sunlight
and extreme cold;
m) The use of plastic bag and other materials placed over
the head to the point of asphyxiation; and
n) The use of psychoactive drugs to change the
perception, memory. alertness or will of a person, such
as:
i. The administration or drugs to induce
confession and/or reduce mental competency; or
ii. The use of drugs to induce extreme pain or
certain symptoms of a disease.
o) Other analogous acts of physical torture; and

2) "Mental/Psychological Torture" refers to acts committed by a

person in authority or agent of a person in authority which are
calculated to affect or confuse the mind and/or undermine a
person's dignity and morale, such as:
a) Blindfolding;
b) Threatening a person(s) or his/her relative(s) with
bodily harm, execution or other wrongful acts;
c) Confinement in solitary cells or secret detention places;
d) Prolonged interrogation;
e) Preparing a prisoner for a "show trial", public display
or public humiliation of a detainee or prisoner;

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 f) Causing unscheduled transfer of a person deprived of
liberty from one place to another, creating the belief
that he/she shall be summarily executed;
g) Maltreating a member/s of a person's family;
h) Causing the torture sessions to be witnessed by the
person's family, relatives or any third party;
i) Denial of sleep/rest;
j) Shame infliction such as stripping the person naked,
parading him/her in public places, shaving the victim's
head or putting marks on his/her body against his/her
will;
k) Deliberately prohibiting the victim to communicate
with any member of his/her family; and
l) Other analogous acts of mental/psychological torture.

Institutional Protection of Torture Victims and Other Persons Involved.

(Section 9).
A victim of torture shall have the following rights in the institution of a
criminal complaint for torture:
1) To have a prompt and an impartial investigation by the CHR
and by agencies of government concerned such as the
Department of Justice (DOJ), the Public Attorney's Office
(PAO), the PNP, the National Bureau of Investigation (NBI)
and the AFP. A prompt investigation shall mean a maximum
period of sixty (60) working days from the time a complaint
for torture is filed within which an investigation report and/or
resolution shall be completed and made available. An appeal
whenever available shall be resolved within the same period
prescribed herein.
2) To have sufficient government protection against all forms of
harassment; threat and/or intimidation as a consequence of the
filing of said complaint or the presentation of evidence
therefor. In which case, the State through its appropriate
agencies shall afford security in order to ensure his/her safety
and all other persons involved in the investigation and
prosecution such as, but not limited to, his/her lawyer,
witnesses and relatives; and
3) To be accorded sufficient protection in the manner by which
he/she testifies and presents evidence in any fora in order to
avoid further trauma.

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 Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

Art. 213. Frauds against the Public Treasury and Similar Offenses.
Acts Punishable:
1) Fraud against public treasury
2) Illegal exaction
Elements of fraud against public treasury (Art. 213, par 1)
a) That the offender be a public officer;
b) That her should have taken advantage of his office,
that is, her intervened in the transaction in his
official capacity;
c) That her entered into an agreement with any
interested party of speculator or made use of any
scheme with regard to –
i. Furnishing supplies;
ii. The making of contacts; or
iii. The adjustment or settlement of accounts
relation to public property or funds.
d) That the accused had the intent to defraud the
government.
Elements of Illegal Exaction (Art. 213, par 2)
a) The offender is a public office entrusted with the
collection of taxes, licenses, fees and other imposts;
b) He is guilty of the following acts or omissions;
i. Demanding, directly or indirectly, the
payment of sums different from or larger
than those authorized by law; or
ii. Failing voluntarily to issue receipt, as
provided by law for any sum of money
collected by him officially; or
iii. Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, the things or objects of nature
different form that provided by law.

Art. 214. Other Frauds.

Elements:
1) That he offender is a public officer;
2) That he takes advantage of his official functions; and

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 3) That he commits any of the frauds or deceit enumerated in Articles
315 to 318.

Art. 215. Prohibited Transactions.

Elements:
1) That the offender is an appointive public officer;
2) That her becomes interested directly or indirectly, in any transaction
of exchange or speculation;
3) That the transaction take place within the territory subject to his
jurisdiction; and
4) That he becomes interested in the transaction during his incumbency.

Art. 216. Possession of Prohibited Interest by a Public Officer.

Persons liable:
1) Public officer who, directly or indirectly, became interested in any
contract or business in which it was his official duty to intervene;
2) Experts, arbitrators, and private accountants who, in like manner,
took part in any contract or transaction connected with the estate or
property in the appraisal, distribution or adjudication of which they
had acted; and
3) Guardians and executors with respect to the property belonging to
their wards or the estate

Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY

Art. 217. Malversation of Public Funds or Property.

Punishable Acts:
1) By appropriating public funds or property;
2) By taking or misappropriating the same;
3) By consenting, or through abandonment or negligence, permitting
any other person to take such public funds or property; and
4) By being otherwise guilty of the misappropriation or malversation of
such funds or property.
Common Elements:
1) Offender be a public officer;
2) He had custody or control of funds or property by reason of the
duties of his office;
3) Those funds or property were public funds or property for which he
was accountable; and

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 4) He appropriated, took, misappropriated or consented, or through
abandonment or negligence, permitted another person to take them.

Art. 218. Failure of Accountable Officer to Render Accounts.

Elements:
1) Offender is a public officer, whether in the service or separated
therefrom;
2) He must be an accountable officer for public funds or property;
3) He is required by law or regulation to render accounts to the
Commission on Audit, or to a provincial Auditor; and
4) He fails to do so for a period of two months after such accounts
should be rendered.

Art. 219. Failure of Responsible Public Officer to Render Accounts Before Leaving
the Country.
Elements:
1) Offender is a public officer;
2) He must be an accountable officer for public funds or property; and
3) He must have unlawfully left (or be on point of leaving) the
Philippines without securing from the Commission on Audit a
certificate showing that his accounts have been finally settled.

Art. 220. Illegal Use of Public Funds or Property (Technical Malversation).

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

Art. 221. Failure to Make Delivery of Public Funds or Property.

Punishable acts:
1) Failing to make payment by a public officer who is under obligation
to make such payment from Government funds in his possession;
and
2) Refusing to make delivery by a public officer who has been ordered
by competent authority to deliver any property in his custody or
under his administration
Elements:
a) Public officer has government funds in his possession;
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 b) He is under obligation to make payments from such
funds; and
c) He fails to make payment maliciously.

Art. 222. Officers Included in Preceding Provisions.

Private individuals who may be liable under Art.217-221:
1) Private individual who in any capacity whatsoever, have charge of
any national, provincial or municipal funds, revenue or property;
2) Administrator, depository of funds or property attached, seized or
deposited by public authority even if such property belongs to a
private individual;
3) Those who acted in conspiracy in malversation; and
4) Accomplice and accessories to malversation.

NOTE: The word administrator used does not include judicial administrator appointed
to administer the estate of a deceased person because he is not in charge of any
property attached, impounded or placed in deposit by public authority. Conversion of
effects in his trust makes him liable for estafa.

Chapter Five
INFIDELITY OF PUBLIC OFFICERS

Art. 223. Conniving with or Consenting to Evasion.

Elements:
1) Offender is a public officer;
2) He has in his custody or charge a prisoner, either detention prisoner
or prisoner by final judgment;
3) Such prisoner escaped from his custody; and
4) He was in connivance with the prisoner in the latter’s escape

Art. 224. Evasion through Negligence.

Elements:
1) Offender is a public officer;
2) He is charged with the conveyance or custody of a prisoner, either
detention prisoner or prisoner by final judgment; and
3) Such prisoner escapes through his negligence.

Art. 225. Escape of Prisoner Under the Custody of Person Not a Public Officer.
Elements:
1) Offender is a private person;

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 2) Conveyance or custody of prisoner or person under arrest is confided
to him;
3) Prisoner or person under arrest escapes; and
4) Offender consents to the escape of the prisoner or person under arrest
or that the escape takes place through his negligence

NOTE: This article is not applicable if a private person was the one who made the
arrest and he consented to the escape of the person he arrested.

Art. 226. Removal, Concealment or Destruction of Document.

Elements:
1) Offender is a public officer;
2) He abstracts, destroys, or conceals documents or papers;
3) Said documents or papers should have been entrusted to such public
officer by reason of his office; and
4) Damage, whether serious or not, to a third party or to the public
interest should have been caused.

Art. 227. Officer Breaking Seal.

Elements:
1) Offender is a public officer;
2) He is charged with the custody of papers or property;
3) These papers or property are sealed by proper authority; and
4) He breaks the seals or permits them to be broken.

Art. 228. Opening of Closed Document.

Elements:
1) Offender is a public officer;
2) Any closed papers, documents or objects are entrusted to his custody;
3) He opens or permits to be opened said closed papers, documents or
objects; and
4) He does not have proper authority.

Art. 229. Revelation of Secrets by an Officer.

Punishable acts:
1) Revealing any secrets known to the offending public officer by
reason of his official capacity.
Elements:
a) Offender is a public officer;
b) He knows of a secret by reason of his official capacity;

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 c) He reveals such secret without authority or justifiable
reasons; and
d) Damage, great or small, is caused to the public interest.
2) Wrongfully delivering papers or copies of papers of which he may
have charge and which should not be published.
Elements:
a) Offender is a public officer;
b) He has charge of papers;
c) Those papers should not be published;
d) He delivers those papers or copies thereof to a third person;
e) The delivery is wrongful; and
f) Damage is caused to public interest.

Art. 230. Public Officer Revealing Secrets of Private Individual.

Elements:
1) Offender is a public officer;
2) He knows of the secrets of private individual by reason of his office;
and
3) He reveals such secrets without authority or justifiable reason.

Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Art. 231. Open Disobedience.

Elements:
1) Offender is a judicial or executive officer;
2) There is judgment, decision or order of a superior authority;
3) Such judgment, decision or order was made within the scope of the
jurisdiction of the superior authority and issued with all the legal
formalities; and
4) Offender without any legal justification openly refuses to execute the
said judgment, decision or order, which he is duty bound to obey.

Art. 232. Disobedience to the Order of Superior Officer When Said Order was
Suspended by Inferior Officer.
Elements:
1) Offender is a public officer;
2) An order is issued by his superior for execution;
3) He has for any reason suspended the execution of such order;

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 4) His superior disapproves the suspension of the execution of the
order; and
5) Offender disobeys his superior despite the disapproval of the
suspension.

Art. 233 Refusal of Assistance.

Elements:
1) Offender is a public officer;
2) Competent authority demands from the offender that he lend his
cooperation towards the administration of justice or other public
service;
3) Offender fails to do so maliciously.

Art. 234. Refusal to Discharge Elective Office.

Elements:
1) Offender is elected by popular election to a public office
2) He refuses to be sworn in or to discharge the duties of said office
3) There is no legal motive for such refusal to be sworn in or to
discharge the duties of said office

Art. 235. Maltreatment of Prisoners.

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

NOTE: The maltreatment should not be due to a personal grudge, otherwise, offender
is liable for physical injuries only.

Art. 236. Anticipation of Duties of Public Office.

Elements:
1) Offender is entitled to hold a public office or employment, either by
election or appointment;

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 2) The law requires that he should first be sworn in and/or should first
give a bond;
3) He assumes the performance of the duties and powers of a public
official or employee; and
4) That he has not taken his oath of office and/or given the bond
required by law.

Art. 237 Prolonging Performance of Duties and Powers.

Elements:
1) Offender is holding a public office;
2) The period allowed by law for him to exercise such function and
duties has already expired; and
3) Offender continues to exercise such function and duties.

Art. 238 Abandonment of Office or Position.

Elements:
1) Offender is holding a public office;
2) He formally resigns from his office or position;
3) His resignation has not yet been accepted;
4) He abandons his office to the detriment of the public service.
Qualifying Circumstance:
The offense is qualified when the real motive of
abandonment/resignation is to evade the discharge of duties of
preventing, prosecuting or punishing any of the crimes falling within
Title 1 (Crimes against National Security), or Chapter 1 of Title 3
(Rebellion, Coup d’ etat, Sedition, etc.) of Book Two of the RPC.

Art. 239. Usurpation of Legislative Powers.

Elements:
1) Offender is an executive or judicial officer.
2) That he:
a) Makes general rules and regulations beyond the scope of his
authority;
b) Attempts to repeal a law; or
c) Suspend the execution thereof.

Art. 240. Usurpation of Executive Functions.

Elements:
1) Offender is a judge.
2) That he:
a) Assumes a power pertaining to the executive authorities; or

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 b) Obstructs the executive authorities in the lawful exercise of their
powers.

NOTE: If he is not a judge he is liable under Art. 177 for usurpation of powers.

Art. 241. Usurpation of Judicial Functions.

Elements:
1) Offender is holding an office under the Executive Branch of the
Government;
2) That he:
a) Assumes judicial powers; or
b) Obstructs the execution of any order or decision rendered by
any judge within his jurisdiction.

Art. 242. Disobeying Request for Disqualification.

Elements:
1) Offender is a public officer;
2) A proceeding is pending before such public officer.;
3) There has been a question regarding the jurisdiction brought before
the proper authority, which is yet to be decided;
4) He has been lawfully required to refrain from continuing the
proceeding; and
5) He continues the proceeding.

Art. 243. Orders or Requests by Executive Officers to any Judicial Authority.

Elements:
1) Offender is an executive officer;
2) He addresses any order or suggestion to any judicial authority;
3) The order or suggestion relates to any case or business within the
exclusive jurisdiction of the courts of justice.

Art. 244. Unlawful Appointments.

Elements:
1) Offender is a public officer;
2) He nominates or appoints a person to a public office;
3) Such person lacks the legal qualification thereof; and
4) Offender knows that his nominee or employee lacks the
qualifications at the time he made the nomination or appointment

Art. 245. Abuses of Chastity.

Ways of Committing Abuses Against Chastity:

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

NOTE: The crime can be committed by mere proposal, and it is not necessary for the
woman solicited to yield to the proposal of the offender.

Elements:
1) Offender is a public officer.
2) He solicits or makes any indecent or immoral advances to a
woman.
3) The offended party is a woman who is:
a) Interested in matters pending before the public officer for his
decision or where the public officer is required to submit a
report or to consult with a superior officer; or
b) Under the custody of the offender, who is a warden or other
public officer directly charged with the care and custody of
prisoners or persons under arrest; or
c) The wife, daughter, sister or any relative falling within the
same degree of affinity of the person under the custody and
charge of the offender.

NOTE: The mother of a person under the custody of any public officer is not included
as a possible offended party but the offender may be prosecuted under the Sec. 28 of
R.A. 3019 (AntiGraft and Corrupt Practices Act).

Anti-Graft and Corrupt Practices Act. (R.A. NO. 3019 as amended by R.A. 3047, P.D.
No. 77 and B.P. 195)

An Act Defining and Penalizing The Crime Of Plunder (R.A. 7080)

Ill-gotten wealth means 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, nominees, agents,
subordinates

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and/or business associates by any combination or series of the following means
or similar schemes:
1) Through misappropriation, conversion, misuse, or malversation of
public funds or raids on the public treasury;
2) By receiving, directly or indirectly, any commission, gift, share,
percentage, kickbacks or any other form of pecuniary benefit from
any person and/or entity in connection with any government contract
or project or by reason of the office or position of the public officer
concerned;
3) By the illegal or fraudulent conveyance or disposition of assets
belonging to the National Government or any of its subdivisions,
agencies or instrumentalities or government owned or -controlled
corporations and their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares
of stock, equity or any other form of interest or participation
including promise of future employment in any business enterprise
or undertaking;
5) By establishing agricultural, industrial or commercial monopolies or
other combinations and/or implementation of decrees and orders
intended to benefit particular persons or special interests; or
6) By taking undue advantage of official position, authority,
relationship, connection or influence to unjustly enrich himself or
themselves at the expense and to the damage and prejudice of the
Filipino people and the Republic of the Philippines.
Definition of the Crime of Plunder; Penalties. (Sec. 2).
Any public officer who, by himself or in connivance with members
of his family, relatives by affinity or consanguinity, business
associates, subordinates or other persons, amasses, accumulates or
acquires ill- gotten wealth through a combination or series of overt
criminal acts as described in Section 1 (d) hereof in the aggregate
amount or total value of at least Fifty million pesos (P50,000,000.00)
shall be guilty of the crime of plunder and shall be punished by
reclusion perpetua to death. Any person who participated with the
said public officer in the commission of an offense contributing to
the crime of plunder shall likewise be punished for such offense. In
the imposition of penalties, the degree of participation and the
attendance of mitigating and extenuating circumstances, as provided
by the Revised Penal Code, shall be considered by the court. The
court shall declare any and all ill-gotten wealth and their interests
and other incomes and assets including the properties and shares of
stocks derived from the deposit
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 or investment thereof forfeited in favor of the State." (As amended
by Section 12 of RA No.7659)
Rule of Evidence (Section 4).
For purposes of establishing the crime of plunder, it shall not be
necessary to prove each and every criminal act done by the accused
in furtherance of the scheme or conspiracy to amass, accumulate or
acquire ill-gotten wealth, it being sufficient to establish beyond
reasonable doubt a pattern of overt or criminal acts indicative of the
overall unlawful scheme or conspiracy.
Prescription of Crimes (Section 6).
The crime punishable under this Act shall prescribe in twenty (20)
years. However, the right of the State to recover properties
unlawfully acquired by public officers from them or from their
nominees or transferees shall not be barred by prescription, laches, or
estoppel.

An Act to Improve Efficiency in the Delivery of Government Service to the Public by

Reducing Bureaucratic Red Tape, Preventing Graft and Corruption, and Providing
Penalties Therefor.
SEC. 11. Violations. — After compliance with the substantive and
procedural due process, the following shall constitute violations of this Act
together with their corresponding penalties:
(a) Light Offense —
(1) Refusal to accept application and/or request within the
prescribed period or any document being submitted by a
client;
(2) Failure to act on an application and/or request or failure to
refer back to the client a request which cannot be acted
upon due to lack of requirement’s within the prescribed
period;
(3) Failure to attend to clients who are within the premises of
the office or agency concerned prior to the end of official
working hours and during lunch break;
(4) Failure to render frontline services within the prescribed
period on any application and/or request without due
cause;
(5) Failure to give the client a written notice on the
disapproval of an application or request; and
(6) Imposition of additional irrelevant requirements other than
those listed in the first notice.

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Penalties for light offense shall be as follows:
First Offense — Thirty (30) days suspension without pay
and mandatory attendance in Values Orientation Program;

90
 Second Offense — Three months suspension without pay;
and
Third Offense — Dismissal and perpetual disqualification
from public service
(b) Grave Offense — Fixing and/or collusion with fixers in
consideration of economic and/or other gain or advantage.
Penalty — Dismissal and perpetual disqualification from public
service.
SEC. 12. Criminal Liability for Fixers. — In addition to Section 11(b),
fixers, as defined in this Act, shall suffer the penalty of imprisonment not
exceeding six years or a fine of not less than Twenty thousand pesos
(P20,000.00) but not more than Two hundred thousand pesos (P200,000.00)
or both fine and imprisonment at the discretion of the court.

Title Eight
CRIMES AGAINST PERSONS

Chapter One
DESTRUCTION OF
LIFE

Art. 246. Parricide.

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

Art. 247. Death or Physical Injuries Inflicted Under Exceptional Circumstances.

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

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Art. 248. Murder.
Elements:
1) A person was killed;
2) The accused killed him;
3) The killing was attended by any of the qualifying circumstances
mentioned in Article. 248; and
4) The killing is not parricide or infanticide.
Qualifying Circumstances:
1) With treachery, taking advantage of superior strength, with the aid of
armed men, or employing means to weaken the defense, or of means
or persons to insure or afford impunity;
2) In consideration of a price, reward or promise;
3) by means of inundation, fire, poison, explosion, shipwreck, stranding
of a vessel, derailment or assault upon a railroad, fall of an airship,
by means of motor vehicles, or with the use of any other means
involving great waste and ruin;
4) On occasion of any of the calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano, destructive
cyclone, epidemic, or any other public calamities;
5) With evident premeditation; and
6) With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim or outraging or scoffing at his person or
corpse. (RA 7659).

Art. 249. Homicide.

Elements:
1) A person was killed;
2) Accused killed him without any justifying circumstance;
3) Accused had the intention to kill, which is presumed; and
4) The killing was not attended by any of the qualifying circumstance
of murder, or by that of parricide or infanticide.

Art. 250. Penalty for Frustrated, Parricide, Murder, or Homicide.

1) Courts may impose a penalty two (2) degrees lower for frustrated
parricide, murder or homicide; and
2) Courts may impose a penalty three (3) degrees lower for attempted
parricide, murder or homicide.

NOTE: This provision is permissive NOT MANDATORY.

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Art. 251. Death Caused in a Tumultuous Affray.
Elements:
1) There are several persons;
2) They did not compose groups organized for the common purpose of
assaulting and attacking each other reciprocally;
3) These several persons quarrelled and assaulted one another in a
confused and tumultuous manner;
4) Someone was killed in the course of the affray;
5) It cannot be ascertained who actually killed the deceased; and
6) The person or persons who inflicted serous physical injuries or who
used violence can be identified.

Art. 252. Physical Injuries Inflicted in a Tumultuous Affray.

Elements:
1) There is a tumultuous affray as referred to in the preceding article;
2) A participant or some participants thereof suffer serious physical
injuries or physical injuries of a serious nature only;
3) The person responsible therefor cannot be identified; and
4) All those who appear to have used violence upon the person of the
offended party are known.

Art. 253. Giving Assistance to Suicide.

Acts Punished:
1) Assisting another to commit suicide, whether the suicide is
consummated or not; and
2) Lending his assistance to another to commit suicide to the extent of
doing the killing himself.

Art. 254. Discharge of Firearms/ Illegal Discharge of Firearms.

Elements:
1) Offender discharges a firearm against or at another person; and
2) Offender has no intention to kill that person.

Art. 255. Infanticide.

Elements:
1) A child was killed;
2) The deceased child was less than three days (72 hours) of age; and
3) The accused killed the said child.

Art. 256. Intentional Abortion.

Ways of Committing:
1) By using any violence upon the person of the pregnant woman;

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 2) By acting, but without using violence, without the consent of the
woman. (By administering drugs or beverages upon such pregnant
woman without her consent); aND
3) By acting (by administering drugs or beverages), with the consent of
the pregnant woman.
Elements:
1) There is a pregnant woman;
2) Violence is exerted, or drugs or beverages be administered, or that
the accused otherwise acts upon such pregnant woman;
3) As a result of the use of violence or drugs or beverages upon her, or
any other act of the accused, the foetus dies, either in the womb or
after having been expelled therefrom; and
4) The abortion is intended.

Art. 257. Unintentional Abortion.

Elements:
1) There is a pregnant woman;
2) Violence is used upon such pregnant woman without intending an
abortion;
3) The violence is intentionally exerted; and
4) As a result of the violence, the fetus dies, either in the womb or after
having been expelled therefrom.

Art. 258. Abortion Practiced by the Woman Herself or by Her Parents.

Elements:
1) There is a pregnant woman who has suffered an abortion;
2) The abortion is intended;
3) The abortion is caused by:
a) the pregnant woman herself;
b) any other person with her consent; and
c) any of her parents, with her consent for the purpose of concealing
her dishonor.
Art. 259. Abortion Practiced by a Physician or Midwife and Dispensing of Abortives.
Elements:
1) There is a pregnant woman who has suffered an abortion;
2) The abortion is intended;
3) Offender, who must be a physician or midwife, causes or assists in
causing, the abortion; and
4) Said physician or midwife takes advantage or his or her scientific
knowledge or skill.
As to the Pharmacists, the elements are:

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 1) Offender is a pharmacist;
2) There is no proper prescription from a physician; and;
3) Offender dispenses any abortive.

Art. 260. Responsibility of Participants in a Duel.

Persons liable:
1) The person who killed or inflicted physical injuries upon his
adversary or both combatants in any other case, as principals; and
2) The seconds, as accomplices.
Acts Punished:
1) Killing one’s adversary in a duel;
2) Inflicting physical injuries upon one’s adversary; and
3) Making a combat by merely entering into a duel.
Elements:
1) It is necessary that the offenders came to an agreement to engage in
combat or in a fight;
2) There must be two or more seconds for each combatant; and
3) The firearms or the arms to be used as well as the other terms of the
combat must be agreed upon by the said seconds.

Art. 261. Challenging to a Duel.

Acts punished:
1) Challenging another to a duel;
2) Inciting another to give or accept a challenge to a duel; and
3) Scoffing at or decrying another publicly for having refused to accept
a challenge to fight a duel.

NOTE: A challenge to fight, without contemplating a duel, is not challenging to a

duel. The person making the challenge must have in mind a formal combat to be
concerted between him and the one challenged in the presence of two or more
seconds.

Chapter Two
PHYSICAL INJURIES

Art. 262. Mutilation.

Two kinds:
1) By intentionally mutilating another by depriving him, either totally
or partially, or some essential organ for reproduction;
Elements:

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 a) There be castration, that is, mutilation of organs necessary
for generation, such as the penis or ovarium; and
b) The mutilation is caused purposely and deliberately, that
is, to deprive the offended party of some essential organ
for reproduction.

NOTE: Intentionally depriving the victim of the reproductive organ does not mean
necessarily involve the cutting off of the organ or any part thereof. It suffices that it is
rendered useless.

2) By intentionally making other mutilation, that is, by lopping or

clipping off any part of the body of the offended party, other than the
essential organ for reproduction, to deprive him of that part of his
body.
Elements:
a) The mutilation involves a part of the body, other than an
organ for reproduction; and
b) The mutilation is done with a deliberate purpose of
depriving the offended party of that part of his body.

Art. 263. Serious Physical Injuries.

How committed:
1) By wounding;
2) By beating; or
3) By assaulting (Art. 263); or
4) By administering injurious substance. (Art. 264).
Serious Physical Injuries punished:
1) When the injured person becomes insane, imbecile, impotent or
blind in consequence of the physical injuries inflicted;
2) When the injured person:
a) loses the use of speech or the power to hear or to smell, or
loses an eye, a hand, a foot, an arm, or a leg; or
b) loses the use of any such member; or
c) becomes incapacitated for the work in which he was
theretofore habitually engaged, in consequence of the physical
injuries inflicted.
3) When the person injured:
a) becomes deformed; or
b) loses any member of his body; or
c) loses the use thereof; or

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 d) becomes ill or incapacitated for the performance of the work
in which he was habitually engaged for more than 90 days, in
consequence of the physical injuries inflicted.
4) When the injured person becomes ill or incapacitated for labor for
more than 30 days (but must not be more than 90 days), as a result of
physical injuries inflicted.

Art. 264. Administering Injurious Substances or Beverages.

Elements:
1) Offender inflicted upon another any serious physical injury;
2) It was done by knowingly administering to him any injurious
substances or beverages or by taking advantage of his weakness of
mind or credulity; and
3) He had no intent to kill.

Art. 265. Less serious physical injuries.

Elements:
1) Offended party is incapacitated for labor for ten (10) days or more
(but not more than 30 days), or needs medical attendance for the
same period of time; and
2) The physical injuries must not be those described in the preceding
articles.
Qualified less serious physical injuries:
1) When there is manifest intent to insult or offend the injured person;
2) When there are circumstances adding ignominy to the offense;
3) When the victim is the offender’s parents, ascendants, guardians,
curators, or teachers; and
4) When the victim is a person of rank or persons in authority, provided
the crime is not direct assault.

Art. 266. Slight Physical Injuries and Maltreatment

Acts punished:
1) Physical injuries which incapacitated the offended party for labor
from 1 to 9 days, or required medical attendance during the same
period;
2) Physical injuries which did not prevent the offended party from
engaging his habitual work or which did not require medical
attendance; and
3) Ill treatment of another by deed without causing any injury.

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 Chapter Three
RAPE

Art. 266–A: Rape

Kinds of rape:
1) Traditional Rape under Art. 335: carnal knowledge with a woman
against her will;
The offender is always a man and the offended party is always a
woman.
2) Sexual Assault under R.A. 8353:
It is committed when the offender inserts his penis to another
person’s mouth or anal orifice or by inserting an instrument or object
into the genital or anal orifice of another person. The offender or the
offended party can either be a man or a woman in the case of the
insertion of any instrument or object.

NOTE: A violation of body orifices by the fingers falls within the expanded definition
of rape under RA 8353. The insertion of a finger into the female genitalia constitutes
rape through sexual assault.
Elements of rape by a man who shall have carnal knowledge of a woman:
1) Offender is a man;
2) Offender had carnal knowledge of the woman against her will;
3) Such act is accomplished under any of the following circumstances:
a) Through force, threat or intimidation;
b) When the offended party is deprived of reason or is otherwise
unconscious;
c) By means of fraudulent machination or grave abuse of
authority; or
d) When the offended party is under sixteen (16) years of age or
is demented, even though none of the circumstances
mentioned above be present: Provided, That there shall be no
criminal liability on the part of a person having carnal
knowledge of another person under sixteen (16) years of age
when the age difference between the parties is not more than
three (3) years, and the sexual act in question is proven to be
consensual, non- abusive, and non-exploitative: Provided,
further, That if the victim is under thirteen (13) years of age,
this exception shall not apply.

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 As used in this Act, non-abusive shall mean the absence of
undue influence, intimidation, fraudulent machinations,
coercion, threat, physical, sexual, psychological, or mental
injury or maltreatment, either with intention or through
neglect, during the conduct of sexual activities with the child
victim. On the other hand, non-exploitative shall mean there is
no actual or attempted act or acts of unfairly taking advantage
of the child's position of vulnerability, differential power, or
trust during the conduct of sexual activities.
Elements of rape by sexual assault:
1) Offender commits an act of sexual assault;
2) The act of sexual assault is committed by any of the following means:
a) By inserting his penis into another person’s mouth or anal
orifice, or
b) By inserting any instrument or object into the genital or anal
orifice of another person;
3) The act of sexual assault is accomplished under any of the following
circumstances:
a) By using force or intimidation, or
b) When the woman is deprived of reason or otherwise
unconscious, or
c) By means of fraudulent machination or grave abused of
authority, or
d) When the woman is under twelve (16) years of age or
demented.

NOTE: When the offender in rape has an ascendancy or influence on the offended
party, it is not necessary that the latter put up a determined resistance.
Instances to consider the crime as qualified rape:
1) When by reason or on the occasion of the rape, a homicide is committed;
2) When the victim is under 18 years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity
within the 3rd civil degree, or the common law spouse of the victim;

NOTE: A step-brother or step-sister relationship between the offender and the

offended party cannot elevate the crime to qualified rape because they are not related
either by blood or affinity. The enumeration is exclusive. Hence, the common law
husband of the victim’s grandmother is not included.

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 3) When the victim is under the custody of the police or military authorities
or any law enforcement or penal institution;
4) When rape is committed in full view of the husband, parent, any of the
children or other relatives within the 3rd civil degree of consanguinity;
5) When the victim is a religious engaged in legitimate religious vocation
or calling and is personally known to be such by the offender before or
after the commission of the crime;
6) When the victim is a child below 7 years old;
7) When the offender knows that he is inflicted with HIV/AIDS or any
other sexually transmissible disease and the virus or decease is
transferred to the victim;
8) When committed by any member of the AFP or paramilitary units
thereof or the PNP or any law enforcement agency or penal institution,
when the offender took advantage of his position to facilitate the
commission of the crime;
9) When by reason or on occasion of the rape, the victim has suffered
permanent physical mutilation or disability;
10)When the offender knew of the pregnancy of the offended party at the
time of the commission of the rape; and
11)When the offender knew of the mental disability, emotional disorder,
and/or physical handicap of the offended party at the time of the
commission of the crime.

NOTE: The foregoing circumstances are in the nature of qualifying aggravating

circumstances which must be specifically pleaded or alleged with certainty in the
information.

Art. 266–C. Effect of Pardon.

1) The subsequent valid marriage between the offender and the offended
party shall extinguish the criminal action or the penalty already
imposed; and
2) The subsequent forgiveness of the wife to the legal husband shall
extinguish the criminal action or the penalty, UNLESS the marriage is
void ab initio. (In case of Marital Rape) Anti-Violence Against Women
And Their Children Act of 2004 (RA 9262).
Violence against women and children:
Any act or series of acts committed by any person against a woman who
is his wife, former wife, or against a woman with whom the person has
or has a sexual or dating relationship, or with whom he has a common
child, or against her child whether legitimate or illegitimate, within or
without
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 the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of
such acts, battery, assault, coercion, harassment or arbitrary deprivation
of liberty.
Acts included in the term violence
It includes, but is not limited to, the following acts:
1) Physical Violence - acts that include bodily or physical harm; and
2) Sexual Violence - act which is sexual in nature, committed
against a woman or her child. It includes, but is not limited to:
a) Rape, sexual harassment, acts of lasciviousness, treating a
woman or her child as a sex object, making demeaning
and sexually suggestive remarks, physically attacking the
sexual parts of the victim’s body, forcing him/her to watch
obscene publications and indecent shows or forcing the
woman or her child to do indecent acts and/or make fils
thereof, forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room with the
abuser;
b) Acts causing or attempting to cause the victim to engage
in any sexual activity by force, threat of force, physical or
other harm or threat of physical or other harm or coercion;
and
c) Prostituting the woman or child.
3) Psychological Violence – acts or omissions causing or likely to
cause mental or emotional suffering of the victim such as but not
limited to intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal abuse and mental
infidelity. It includes causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member of the family
to which the victim belongs, or to witness pornography in any
form or to witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or visitation of
common children;
4) Economic Abuse – acts that make or attempt to make a woman
financially dependent which includes, but is not limited to the
following:
a) Withdrawal of financial support or preventing the victim
from engaging in any legitimate profession, occupation,
business or activity, except in cases wherein the other

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 spouse/partner objects on valid, serious and moral grounds
as defined in ART. 73 of the Family Code;
b) Deprivation or threat of deprivation of financial resources
and the right to use and enjoyment of the conjugal,
community or property owned in common;
c) Destroying household property; and
d) Controlling the victim’s own money or properties or solely
controlling the conjugal money or properties.
The crime of violence against women and their children is committed
through any of the following acts:
a) Causing physical harm to the woman or her child;
b) Threatening to cause the woman or her child physical harm;
c) Attempting to cause the woman or her child physical harm;
d) Placing the woman or her child in fear of imminent physical harm; and
e) Attempting to compel or compelling the woman or her child to
engage in conduct which the woman or her child has the right to
desist from or desist from conduct which the woman or her child has
the right to engage in, or attempting to restrict or restricting the
woman’s or her child’s freedom of movement or conduct by force or
threat of force, physical or other harm or threat of physical or other
harm, or intimidation directed against the woman or child. This shall
include, but not limited to the following acts committed with the
purpose or effect of controlling or restricting the woman’s or her
child’s movement or conduct:
i. Threatening to deprive or actually depriving the woman or
her child of custody to her/his family;
ii. Depriving or threatening to deprive the woman or her
children of financial support legally due her or her family,
or deliberately providing the woman’s children insufficient
financial support;
iii. Depriving or threatening to deprive the woman or her child
of a legal right;
iv. Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or controlling
the victim’s own money or properties, or solely controlling
the conjugal or common money or properties;
f) Inflicting or threatening to inflict physical harm on oneself for the
purpose of controlling her actions or decisions;
g) Causing or attempting to cause the woman or her child to engage in
any sexual activity which does not constitute rape, by force or threat

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 of force, physical harm, or through intimidation directed against the
woman or her child her/his immediate family;
h) Engaging in purposeful, knowing, or reckless conduct, personally or
through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child. This shall include,
but is not limited to the following acts:
i. Stalking or following the woman or her child in public or
pirvate places;
ii. Peering in the window or lingering outside the residence of
the woman or her child;
iii. Entering or remaining in the dwelling or on the property of
the woman or her child against her/his will;
iv. Destroying property and personal belongings or inflicting
harm to animals or pets of the woman or her child; and
v. Engaging in any form of harassment or violence.
vi. Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and denial
of financial support or custody of minor children of access
to the woman’s child/children.

Anti–Violence Against Women and Their Children Act of 2004 (RA 9262)
Violence against women and children:
Any act or series of acts committed by any person against a woman who is his
wife, former wife, or against a woman with whom the person has or has a
sexual or dating relationship, or with whom he has a common child, or against
her child whether legitimate or illegitimate, within or without the family abode,
which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty.
Acts included in the term violence
It includes, but is not limited to, the following acts:
A. Physical Violence - acts that include bodily or physical harm;
B. Sexual Violence - act which is sexual in nature, committed against a
woman or her child. It includes, but is not limited to:
1) Rape, sexual harassment, acts of lasciviousness, treating a
woman or her child as a sex object, making demeaning and
sexually suggestive remarks, physically attacking the
sexual parts of the victim’s body, forcing him/her to watch
obscene publications and indecent shows or forcing the
woman or her child to do indecent acts and/or make fils
thereof, forcing
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 the wife and mistress/lover to live in the conjugal home or
sleep together in the same room with the abuser;
2) Acts causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other harm
or threat of physical or other harm or coercion; and
3) Prostituting the woman or child.
C. Psychological Violence - acts or omissions causing or likely to cause
mental or emotional suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to property, public
ridicule or humiliation, repeated verbal abuse and mental infidelity.
It includes causing or allowing the victim to witness the physical,
sexual or psychological abuse of a member of the family to which
the victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted deprivation
of the right to custody and/or visitation of common children.
D. Economic Abuse - acts that make or attempt to make a woman
financially dependent which includes, but is not limited to the
following:
The crime of violence against women and their children is committed through
any of the following acts:
a) Causing physical harm to the woman or her child;
b) Threatening to cause the woman or her child physical harm;
c) Attempting to cause the woman or her child physical harm;
d) Placing the woman or her child in fear of imminent physical harm;
e) Attempting to compel or compelling the woman or her child to
engage in conduct which the woman or her child has the right to
desist from or desist from conduct which the woman or her child has
the right to engage in, or attempting to restrict or restricting the
woman’s or her child’s freedom of movement or conduct by force or
threat of force, physical or other harm or threat of physical or other
harm, or intimidation directed against the woman or child. This shall
include, but not limited to the following acts committed with the
purpose or effect of controlling or restricting the woman’s or her
child’s movement or conduct:
1) Threatening to deprive or actually depriving the woman or her
child of custody to her/his family;
2) Depriving or threatening to deprive the woman or her children
of financial support legally due her or her family, or
deliberately providing the woman’s children insufficient
financial support;
3) Depriving or threatening to deprive the woman or her child of
a legal right; and

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 4) Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or controlling the
victim’s own money or properties, or solely controlling the
conjugal or common money or properties;
f) Inflicting or threatening to inflict physical harm on oneself for the
purpose of controlling her actions or decisions;
g) Causing or attempting to cause the woman or her child to engage in
any sexual activity which does not constitute rape, by force or threat
of force, physical harm, or through intimidation directed against the
woman or her child her/his immediate family;
h) Engaging in purposeful, knowing, or reckless conduct, personally or
through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child. This shall include,
but is not limited to the following acts:
1) Stalking or following the woman or her child in public or
pirvate places;
2) Peering in the window or lingering outside the residence of the
woman or her child;
3) Entering or remaining in the dwelling or on the property of the
woman or her child against her/his will;
4) Destroying property and personal belongings or inflicting harm
to animals or pets of the woman or her child; and
5) Engaging in any form of harassment or violence.
i) Causing mental or emotional anguish, public ridicule or humiliation
to the woman or her child, including, but not limited to, repeated
verbal and emotional abuse, and denial of financial support or
custody of minor children of access to the woman’s child/children.

Anti–Child Pornography Act of 2009 (RA 9775)

Prohibited Acts
(a) To hire, employ, use, persuade, induce or coerce a child to perform
in the creation or production of any form of child pornography;
(b) To produce, direct, manufacture or create any form of child
pornography;
(c) To publish offer, transmit, sell, distribute, broadcast, advertise,
promote, export or import any form of child pornography;
(d) To possess any form of child pornography with the intent to sell,
distribute, publish, or broadcast: Provided. That possession of three
(3) or more articles of child pornography of the same form shall be
prima facie evidence of the intent to sell, distribute, publish or
broadcast;

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 (e) To knowingly, willfully and intentionally provide a venue for the
commission of prohibited acts as, but not limited to, dens, private
rooms, cubicles, cinemas, houses or in establishments purporting to
be a legitimate business;
(f) For film distributors, theaters and telecommunication companies, by
themselves or in cooperation with other entities, to distribute any
form of child pornography;
(g) For a parent, legal guardian or person having custody or control of a
child to knowingly permit the child to engage, participate or assist in
any form of child pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in this
section. Conspiracy to commit any form of child pornography shall
be committed when two (2) or more persons come to an agreement
concerning the commission of any of the said prohibited acts and
decide to commit it; and
(l) To possess any form of child pornography.

Syndicated Child Pornography – The crime of child pornography is deemed

committed by a syndicate if carried out by a group of three (3) or more persons
conspiring or confederating with one another and shall be punished under
Section 15(a) of this Act.
Who May File a Complaint. – Complaints on cases of any form of child
pornography and other offenses punishable under this Act may be filed by the
following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of
consanguinity;
(d) Officer, social worker or representative of a licensed child-caring
institution;
(e) Officer or social worker of the Department of Social Welfare and
Development (DSWD);
(f) Local social welfare development officer;
(g) Barangay chairman
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible citizens residing in the place
where the violation occurred; or
(j) Any person who has personal knowledge of the circumstances of the
commission of any offense under this Act.

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Anti–Hazing Law (R.A.
8049) Hazing
It is an initiation rite or practice as a prerequisite for admission into
membership in a fraternity, sorority or organization by placing the
recruit, neophyte or applicant in some embarrassing or humiliating
situations such as forcing him to do menial, silly, foolish and other
similar tasks or activities or otherwise subjecting him to physical or
psychological suffering or injury.
Hazing is allowed provided that the following requisites are present:
1) There must be prior written notice to the school authorities or head
of organization seven (7) days before the conduct of such initiation.
The written notice shall contain the following:
a) The period of the initiation activities which shall not exceed
three (3) days;
b) The names of those to be subjected to such activities; and
c) An undertaking that no physical violence be employed by
anybody during such initiation rites.
2) The head of the school or organization or their representatives must
assign at least two (2) representatives of the school or organization,
as the case may be, to be present during the initiation. It is the duty
of such representative to see to it that no physical harm of any kind
shall be inflicted upon a recruit, neophyte or applicant.
The following are criminally liable if in the course of the hazing or initiation
rite someone died:
1) All of the officers and members of the said fraternity or organization
who are present and who participated in the said initiation rite shall
be liable as principals;
2) The owner of the place where hazing is conducted shall be liable as
an accomplice, when he has actual knowledge of the hazing
conducted therein but failed to take any action to prevent the same
from occurring. If the hazing is held in the home of one of the
officers or members of the fraternity, group, or organization, the
parents shall be held liable as principals when they have actual
knowledge of the hazing conducted therein but failed to take any
action to prevent the same from occurring;
3) The school authorities including faculty members who consent to the
hazing or who have actual knowledge thereof, but failed to take any
action to prevent the same from occurring shall be punished as
accomplices for the acts of hazing committed by the perpetrators;
and

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 4) The officers, former officers, or alumni of the organization, group,
fraternity or sorority who actually planned the hazing although not
present when the acts constituting the hazing were committed shall
be liable as principals. A fraternity or sorority's adviser who is
present when the acts constituting the hazing were committed and
failed to take action to prevent the same from occurring shall be
liable as principal.

NOTE: The presence of any person during the hazing is prima facie evidence of
participation therein as principal unless he prevented the commission of the acts
punishable herein.

Any person charged under this provision shall not be entitled to the
mitigating circumstance that there was no intention to commit so grave a
wrong.
Qualifying circumstances:
1) when the recruitment is accompanied by force, violence, threat,
intimidation or deceit on the person of the recruit who refuses to
join;
2) when the recruit, neophyte or applicant initially consents to join but
upon learning that hazing will be committed on his person, is
prevented from quitting;
3) when the recruit, neophyte or applicant having undergone hazing is
prevented from reporting the unlawful act to his parents or guardians,
to the proper school authorities, or to the police authorities, through
force, violence, threat or intimidation; and
4) when the hazing is committed outside of the school or institution; or
5) when the victim is below twelve (12) years of age at the time of the
hazing.

Anti–Child Abuse Act (R.A. 7610)

Children: below eighteen (18) years of age; those over but are unable to fully
take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental
disability or condition.
Child abuse:
Refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:
1) Psychological and physical abuse, neglect, cruelty, sexual abuse
and emotional maltreatment;

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 2) Any act by deeds or words which debases, degrades or demeans
the intrinsic worth and dignity of a child as a human being;
3) Unreasonable deprivation of his basic needs for survival, such as
food and shelter; or
4) Failure to immediately give medical treatment to an injured child
resulting in serious impairment of his growth and development or
in his permanent incapacity or death.

NOTE: Not all acts committed against a child will result to child abuse. It is necessary
that in the said act, there was this intention to debase, degrade or demean the intrinsic
worth of the child.

Circumstances which gravely threaten or endanger the survival and normal

development of children include, but are not limited to, the following:
1) Being in a community where there is armed conflict or being
affected by armed conflict-related activities;
2) Working under conditions hazardous to life, safety and normal which
unduly interfere with their normal development;
3) Living in or fending for themselves in the streets of urban or rural
areas without the care of parents or a guardian or basic services
needed for a good quality of life;
4) Being a member of a indigenous cultural community and/or living
under conditions of extreme poverty or in an area which is
underdeveloped and/or lacks or has inadequate access to basic
services needed for a good quality of life;
5) Being a victim of a man-made or natural disaster or calamity; or
6) Circumstances analogous to those above-stated which endanger the
life, safety or normal development of children.

Comprehensive program against child abuse, exploitation and discrimination

refers to the coordinated program of services and facilities to protected children
against:
1) Child Prostitution and other sexual abuse;
2) Child trafficking;
3) Obscene publications and indecent shows;
4) Other acts of abuses; and
5) Circumstances which threaten or endanger the survival and normal
development of children.

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Child Prostitution and Other Sexual Abuse
Children, whether male or female, who for money, profit, or any other
consideration or due to the coercion or influence of any adult, syndicate or
group, indulge in sexual intercourse or lascivious conduct, are deemed to be
children exploited in prostitution and other sexual abuse.
Aggravating Circumstances:
1) Those who engage in or promote, facilitate or induce child
prostitution which include, but are not limited to, the following:
a) Acting as a procurer of a child prostitute;
b) Inducing a person to be a client of a child prostitute by means
of written or oral advertisements or other similar means;
c) Taking advantage of influence or relationship to procure a
child as prostitute;
d) Threatening or using violence towards a child to engage him
as a prostitute; or
e) Giving monetary consideration goods or other pecuniary
benefit to a child with intent to engage such child in
prostitution.
2) Those who commit the act of sexual intercourse of lascivious
conduct with a child exploited in prostitution or subject to other
sexual abuse; Provided, That when the victims is under twelve (12)
years of age, the perpetrators shall be prosecuted under ART. 335,
paragraph 3, for rape and ART. 336 of Act No. 3815, as amended,
the Revised Penal Code, for rape or lascivious conduct, as the case
may be: Provided, That the penalty for lascivious conduct when the
victim is under twelve (12) years of age shall be reclusion temporal
in its medium period; and
3) Those who derive profit or advantage therefrom, whether as manager
or owner of the establishment where the prostitution takes place, or
of the sauna, disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in prostitution in
addition to the activity for which the license has been issued to said
establishment.
There is an attempt to commit child prostitution when:
1) Any person who, not being a relative of a child, is found alone with
the said child inside the room or cubicle of a house, an inn, hotel,
motel, pension house, apartelle or other similar establishments,
vessel, vehicle or any other hidden or secluded area under
circumstances which would lead a reasonable person to believe that
the child is about to be exploited in prostitution and other sexual
abuse;
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2) Any person is receiving services from a child in a sauna parlor or
bath, massage clinic, health club and other similar establishments.

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 Child Trafficking:
Any person who shall engage in trading and dealing with children
including, but not limited to, the act of buying and selling of a child for
money, or for any consideration, or barter, shall suffer the penalty of
reclusion temporal to reclusion perpetua.
Aggravating Circumstance: The penalty shall be imposed in its
maximum period when the victim is under sixteen (16) years of age.
Attempt to commit child trafficking:
1) When a child travels alone to a foreign country without valid reason
therefor and without clearance issued by the Department of Social
Welfare and Development or written permit or justification from the
child's parents or legal guardian;
2) When a person, agency, establishment or child;
3) When a person, agency, establishment or child-caring institution
recruit’s women or couples to bear children for the purpose of child
trafficking; or
4) When a doctor, hospital or clinic official or employee, nurse,
midwife, local civil registrar or any other person simulates birth for
the purpose of child trafficking; or
5) When a person engages in the act of finding children among low-
income families, hospitals, clinics, nurseries, day-care centers, or
other child-during institutions who can be offered for the purpose of
child trafficking.
Obscene Publications and Indecent Shows
Any person who shall hire, employ, use, persuade, induce, or coerce a
child to perform in, obscene exhibitions and indecent shows, whether
live of in video, or model in obscene publications or pornographic
materials, or to sell or distribute the said materials shall suffer the
penalty of prision mayor in its medium period.
Aggravating Circumstance: If the child used as a performer, subject, or
seller/distributor is under eighteen (18) years of age, the penalty shall be
imposed in its maximum period.

An Act Defining and Penalizing Enforced or Involuntary Disappearance (R.A 10353)

SEC 3. Definitions. For purposes of this Act, the following terms shall be
defined as follows:
(b) Enforced or involuntary disappearance refers to the arrest,
detention, abduction or any other form of deprivation of liberty
committed by agents of the State or by persons or groups of
persons acting with the authorization, support or acquiescence of
the State, followed by a refusal to acknowledge the deprivation of

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 liberty or by concealment of the fate or whereabouts of the
disappeared person, which places such person outside the
protection of the law
(c) Order of Battle refers to a document made by the military, police
or any law enforcement agency of the government, listing the
names of persons and organizations that it perceives to be
enemies of the State and which it considers as legitimate targets
as combatants that it could deal with, through the use of means
allowed by domestic and international law.
SEC 15. Penal Provisions.
(a) The penalty of reclusion perpetua and its accessory penalties shall
be imposed upon the following persons:
(1) Those who directly committed the act of enforced or
involuntary disappearance;
(2) Those who directly forced, instigated, encouraged or
induced others to commit the act of enforced or
involuntary disappearance;
(3) Those who cooperated in the act of enforced or
involuntary disappearance by committing another act
without which the act of enforced or involuntary
disappearance would not have been consummated;
(4) Those officials who allowed the act or abetted in the
consummation of enforced or involuntary
disappearance when it is within their power to stop or
uncover the commission thereof; and
(5) Those who cooperated in the execution of the act of
enforced or involuntary disappearance by previous or
simultaneous acts.
(b) The penalty of reclusion temporal and its accessory penalties
shall be imposed upon those who shall commit the act of
enforced or involuntary disappearance in the attempted stage as
provided for and defined under Article 6 of the Revised Penal
Code.
(c) The penalty of reclusion temporal and its accessory penalties
shall also be imposed upon persons who, having knowledge of
the act of enforced or involuntary disappearance and without
having participated therein, either as principals or accomplices,
took part subsequent to its commission in any of the following
manner:
(1) By themselves profiting from or assisting the offender
to profit from the effects of the act of enforced or
involuntary disappearance;
(2) By concealing the act of enforced or involuntary
disappearance and/or destroying the effects or
instruments thereof in order to prevent its discovery;
or
(3) By harboring, concealing or assisting in the escape of
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the principal/s in the act of enforced or involuntary

114
 disappearance, provided such accessory acts are done
with the abuse of official functions.
(d) The penalty of prision correccional and its accessory penalties
shall be imposed against persons who defy, ignore or unduly
delay compliance with any order duly issued or promulgated
pursuant to the writs of habeas corpus, amparo and habeas data or
their respective proceedings.
(e) The penalty of arresto mayor and its accessory penalties shall be
imposed against any person who shall violate the provisions of
Sections 6, 7, 8, 9 and 10 of this Act.

Juvenile Justice and Welfare Act (R.A. 9344)

Prohibited acts:
Prohibition Against Labeling and Shaming. – In the conduct of the
proceedings beginning from the initial contact with the child, the
competent authorities must refrain from branding or labeling children as
young criminals, juvenile delinquents, prostitutes or attaching to them in
any manner any other derogatory names. Likewise, no discriminatory
remarks and practices shall be allowed particularly with respect to the
child’s class or ethnic origin.

Other Prohibited Acts. – The following and any other similar acts shall
be considered prejudicial and detrimental to the psychological,
emotional, social, spiritual, moral and physical health and well-being of
the child in conflict with the law and therefore, prohibited:
(a) Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive measures such as
cursing, beating, stripping, and solitary confinement;
(c) Employment of degrading, inhuman end cruel forms of
punishment such as shaving the heads, pouring irritating,
corrosive or harmful substances over the body of the child in
conflict with the law, or forcing him/her to walk around the
community wearing signs which embarrass, humiliate, and
degrade his/her personality and dignity; and
(d) Compelling the child to perform involuntary servitude in any and
all forms under any and all instances.

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 Title Nine
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Chapter One
CRIMES AGAINST
LIBERTY

Art. 267. Kidnapping and Serious Illegal Detention.

Elements:
1) Offender is a private individual;
2) He kidnaps or detains another, or in any other manner deprives the
latter of his liberty;
3) The act of detention or kidnapping must be illegal; and
4) In the commission of the offense, any of the following circumstances
is present:
a) The kidnapping or detention lasts for more than 3 days;
b) It is committed simulating public authority;
c) Any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are made; or
d) The person kidnapped or detained is a minor, female, or a
public officer.
Qualifying circumstances:
1) If the purpose of the kidnapping or detention is to extort ransom;
2) When the victim is killed or dies as consequence of the detention;
3) When the victim is raped; and
4) When the victim is subjected to torture or dehumanizing acts.

Art. 268. Slight illegal detention.

Elements:
1) Offender is a private individual;
2) He kidnaps or detains another, or in any other manner deprives him
of his liberty;
3) The act of kidnapping or detention is illegal; and
4) The crime is committed without the attendance of any of the
circumstances enumerated in ART. 267.
Privileged mitigating circumstances:
1) If the offender voluntarily releases the person so kidnapped or
detained within three days from the commencement of the detention;
2) Without having attained the purpose intended; and
3) Before the institution of the criminal proceedings against him.

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NOTE: The penalty is lower by one degree. All the requisites mentioned must concur.

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Art. 269. Unlawful arrest.
Elements:
1) Offender arrests or detains another person;
2) The purpose of the offender is to deliver him to proper authorities; and
3) The arrest or detention is not authorized by law or there is no
reasonable ground therefor.

NOTE: No period of detention is fixed by law in Art. 269, but the motive of the
offender is controlling. If his purpose is to deliver him to the proper authorities, it is
still unlawful arrest. But absence of this motive may be shown by the length of time
the victim is detained.

Art. 270. Kidnapping and failure to return a minor.

Elements:
1) Offender is entrusted with the custody of a minor person (whether
over or under 7 years but less than 21 years of age); and
2) He deliberately fails to restore the said minor to his parents or
guardians.

NOTE: While the penalty for kidnapping and failure to return a minor is reclusion
perpetua, the penalty to be imposed upon the minor’s father or mother who committed
the crime is that one provided in Article 271, paragraph 2, that is, arresto mayor or a
fine not exceeding P300, or both.

Art. 271. Inducing A Minor to Abandon His Home.

Elements:
1) A minor (whether over or under 7 years of age) is living in the home
of his parents or guardian or the persons entrusted with his custody;
and
2) Offender induces said minor to abandon such home.

Art. 272. Slavery.

Elements:
1) Offender purchases, sells, kidnaps or detains a human being;
2) The purpose of the offender is to enslave such human being.
Qualifying Circumstance:
If the purpose of the offender is to assign the offended party to some
immoral traffic (prostitution) the penalty is higher.

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Art. 273. Exploitation of Child Labor.
Elements:
1) Offender retains a minor in his service;
2) It is against the will of the minor; and
3) It is under the pretext of reimbursing himself of a debt incurred by an
ascendant, guardian or person entrusted with the custody of such
minor;

NOTE: Note the phrase “against the latter’s will”; hence, if the minor consents to the
offender’s retaining his services, there is no violation of this Article.

Art. 274. Services Rendered Under Compulsion in Payment of Debt.

Elements:
1) Offender compels a debtor to work for him, either as household or
servant or farm labourer;
2) It is against the debtor’s will; and
3) The purpose is to require or enforce the payment of a debt.

Chapter Two
CRIMES AGAINST SECURITY

Art. 275. Abandonment of Persons in Danger and Abandonment of One’s Own

Victim.
Acts Punished:
1) Failing to render assistance to any person whom the offender finds in
an uninhabited place wounded or in danger of dying when he can
render such assistance without detriment to himself, unless such
omission shall constitute a more serious offense;
Elements:
a) The place is not inhabited;
b) Accused found there a person wounded or in danger of
dying;
c) Accused can render assistance without detriment to
himself; and
d) Accused fails to render assistance.
2) Failing to help or render assistance to another whom the offender has
accidentally wounded or injured;
3) Failing to deliver a child, under seven years of age whom the
offender has found abandoned, to the authorities or to his family, or
by failing to take him to a safe place;

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NOTE: Under the third way of committing the crime, it is immaterial that the offender
did not know that the child is under seven years.

Art. 276. Abandoning a Minor.

Elements:
1) Offender has the custody of a child 2) The child is under 7 years of
age;
3) Offender abandons such child; and
4) Offender has no intent to kill the child when the latter is abandoned.

NOTE: The ruling that the intent to kill is presumed form the death of the victim of
the crime is applicable only to crimes against persons, and not to crimes against
security, particularly the crime of abandoning a minor under Article 276.

Qualifying Circumstances:
1) When the death of the minor resulted from such abandonment; or
2) If the life of the minor was in danger because of the abandonment.

Art. 277. Abandonment of Minor by Person Entrusted with his Custody; Indifference
of Parents.
Acts Punished:
1) Delivering a minor to a public institution or other persons without
the consent of the one who entrusted such minor to care of the
offender or, in the absence of that one, without the consent of the
proper authorities;
2) Neglecting his (offender’s) children by not giving them the education
which their station in life requires and financial condition permits.
Elements of abandonment of minor by one charged with the rearing
or education of said minor:
a) That the offender has charge of the rearing or education of a
minor;
b) That he delivers said minor to a public institution or other
persons; and
c) That the one who entrusted such child to the offender has not
consented to such act; or if the one who entrusted such child
to the offender is absent, the proper authorities have not
consented to it.
Elements of indifference of parents:
a) That the offender is a parent;
b) That he neglects his children by not giving them education; and

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 c) That his station in life requires such education and his
financial condition permits it.

Art. 278. Exploitation of minors.

Acts Punished:
1) Any person who shall cause any boy or girl under 16 years of age to
perform any dangerous feat of balancing, physical strength or
contortion, the offender being any person;
2) Any person who, being an acrobat, gymnast, rope-walker, diver,
wild- animal tamer or circus manager, or engaged in a similar
calling, shall employ in exhibitions of these kinds children under 16
years of age who are not his children or descendants;
3) Any person engaged in any of the callings enumerated in the next
preceding paragraph who shall employ any descendant of his under
12 years of age in such dangerous exhibitions;
4) Any ascendant, guardian, teacher, or person entrusted in any capacity
with the care of a child under 16 years of age, who shall deliver such
child gratuitously to any person following any of the callings
enumerated in paragraph 2 hereof, or to any habitual vagrant or
beggar; and
5) Any person who shall induce any child under 16 years of age to
abandon the home of its ascendants, guardians, curators, or teachers
to follow any person engaged in any of the callings mentioned in
paragraph 2 hereof, or to accompany any habitual vagrant or beggar.
Qualifying Circumstance:
If the delivery of the child to any person following any of the callings of
acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus
manger or to any habitual vagrant or beggar is made in consideration of
any price, compensation or promise, the penalty shall be imposed in its
maximum period.

Art. 279. Additional penalties for other offenses.

The imposition of the penalties prescribed in the preceding ART.s, shall
not prevent the imposition upon the same person of the penalty provided
for any other felonies defined and punished by this Code.

Art. 280. Qualified trespass to dwelling.

Elements:
1) Offender is a private person;
2) He enters the dwelling of another; and
3) Such entrance is against the latter’s will.

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 Qualifying Circumstance:
If the offense is committed by means of violence or intimidation, the
penalty shall be prision correccional in its medium and maximum
periods and a fine not exceeding 1,000 pesos.
Cases to which the provisions of this Article are not applicable:
1) If the entrance to another’s dwelling is made for the purpose of
preventing some serious harm to himself, the occupants of the
dwelling or a third person;
2) If the purpose is to render service to humanity or justice; and
3) If the place where entrance is made is a café, tavern, inn, and other
public houses, while the same are open.

Art. 281. Other forms of trespass.

Elements:
1) Offender enters the closed premises or the fenced estate of another;
2) The entrance is made while either of them is uninhabited;
3) The prohibition to enter be manifest; and
4) The trespasser has not secured the permission of the owner or the
caretaker thereof.

Art. 282. Grave threats.

Acts Punished:
1) By threatening another with the infliction upon his person, honor or
property or that of his family of any wrong amounting to a crime and
demanding money or imposing any other condition, even though not
unlawful, and the offender attained his purpose;
Elements:
a) That the offender threatens another person with the
infliction upon the latter’s person, honor or property, or
upon that of the latter’s family, of any wrong;
b) That such wrong amounts to a crime;
c) That there is a demand for money or that any other
condition is imposed, even though not unlawful; and
d) That the offender attains his purpose.
2) By making such threat without the offender attaining his purpose; and
3) By threatening another with the infliction upon his person, honor or
property or that of his family of any wrong amounting to a crime, the
threat not being subject to a condition.
Elements:

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 a) That the offender threatens another person with the
infliction upon the latter’s person, honor, or property, or
upon that of the latter’s family, of any wrong;
b) That such wrong amounts to a crime; and
c) That such threat is not subject to a condition.
Qualifying Circumstance:
If the threat is made in writing or through a middleman.

NOTE: If the offender attained his purpose, the penalty one degree lower of the
penalty for the crime threatened to be committed shall be imposed.

If the threat is not subject to a condition, the penalty is fixed at arresto mayor and a
fine not exceeding P500.

If the condition is not proved, it is grave threats under the third act punished.

As the crime consists in threatening another with some future harm, it is not necessary
that the offended party was present at the time the threats were made. It is sufficient
that the threats, after they had been made in his absence, came to the knowledge of the
offended party.

The crime of grave threats is consummated as soon as the threats come to the
knowledge of the person threatened.

If there is another crime actually committed or the objective of the offender is another
crime, and the threat is only a means to commit it or a mere incident in its
commission, the threat is absorbed by the other crime. But if the threat was made with
deliberate purpose of creating in the mind of the person threatened, the belief that the
threat would be carried into effect, the crime committed is grave threats, and the minor
crime which accompanied it should be disregarded.

Art. 283. Light threats

Elements:
1) Offender makes a threat to commit a wrong;
2) The wrong does not constitute a crime;
3) There is a demand for money or that other condition is imposed,
even though not unlawful; and
4) The offender has attained his purpose or, that he has not attained his
purpose.

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Art. 284. Bond for good behavior.
When a person is required to give bail bond:
1) When he threatens another under the circumstances mentioned in
Article 282.
2) When he threatens another under the circumstances mentioned in
Article 283.

Art. 285. Other light threats.

Acts Punished:
1) By threatening another with a weapon, or by drawing such weapon
in a quarrel, unless it be in lawful self-defense; or
2) By orally threatening another, in the heat of anger, with some harm
(not) constituting a crime, without persisting in the idea involved in
his threat.

NOTE: The word “NOT” is enclosed in parenthesis because the inclusion of that word
in par. 2 or Art. 285 is a mistake.

3) By orally threatening to do another any harm not constituting a felony.

NOTE: Where the threats are directed to a person who is absent and uttered in a
temporary fit of anger, the offense is only light threats.

Art. 286. Grave coercions

Two ways of committing grave coercions:
1) By preventing another, by means of violence, threats or intimidation,
form doing something not prohibited by law; or
2) Be compelling another, by means of violence, threats or intimidation,
to do something against his will, whether it be right or wrong.
Elements:
a. That a person prevented another from doing something not
prohibited by law, or that he compelled him to do
b. something against his will, be it right or wrong;
a. That the prevention or compulsion be effected by
violence, threats or intimidation; and
b. That the person that restrained the will and liberty of
another had not the authority of law or the right to do so.
Qualifying Circumstance:
1) If the coercion is committed in violation of the exercise of the right
of suffrage;

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 2) If the coercion is committed to compel another to perform any
religious act; and
3) If the coercion is committed to prevent another from performing any
religious act.

Art. 287. Light coercions

Elements:
1) That the offender must be a creditor;
2) That he seizes anything belonging to his debtor;
3) That the seizure of the thing be accomplished by means of violence
or a display of material force producing intimidation; and
4) That the purpose of the offender is to apply the same to the payment
of the debt.
2nd paragraph of ART. 287:
Unjust vexation - any human conduct, although not capable of
producing any harm or material injury, annoys or vexes an innocent
person.

Art. 288. Other similar

coercions Acts Punished:
1) By forcing or compelling, directly or indirectly, or knowingly
permitting the forcing or compelling of the labourer or employee of
the offender to purchase merchandise or commodities of any kind
from him.
Elements:
a) That the offender is any person, agent or officer of any
association or corporation;
b) That he or such firm or corporation has employed laborers
or employees; and
c) That he forces or compels, directly or indirectly, or
knowingly permits to be forced or compelled, any of his or
its laborers or employees to purchase merchandise or
commodities of any kind from him or from said firm or
corporation.
2) By paying the wages due his labourer or employee by means of
tokens or objects other than the legal tender currency of the
Philippines, unless expressly requested by such labourer or
employee.
Elements:
a) That the offender pays the wages due a laborer or
employee employed by him by means of tokens or objects;
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 b) That those tokens or objects are other than the legal tender
currency of the Philippines;
c) That such employee or laborer does not expressly request
that he be paid by means of tokens or objects; and

Art. 289. Formation, maintenance, and prohibition of combination of capital or labor

through violence or threats.
Elements:
1) That the offender employs violence or threats, in such a degree as to
compel or force the laborers or employers in the free and legal
exercise of their industry or work; and
2) That the purpose is to organize, maintain or prevent coalitions of
capital or labor, strike of laborers or lockout of employers.

Chapter Three
DISCOVERY AND REVELATION OF SECRETS

Art. 290. Discovering secrets through seizure of correspondence.

Elements:
1) That the offender is a private individual or even a public officer not
in the exercise of his official function;
2) That he seizes the papers or letters of another;
3) That the purpose is to discover the secrets of such another person; and
4) That the offender is informed of the contents of the papers or letters
seized.
Qualifying Circumstance:
When the offender reveals the contents of such paper or letters of another
to a third person, the penalty is higher.
When Article 290 is not applicable:
ART. 290 is not applicable to parents, guardians, or persons entrusted
with the custody of minors with respect to the papers or letters of the
children or minors placed under their care or custody, nor to spouses
with respect to the papers or letters of either of them.

NOTE: This ART. does not require that the offended party be prejudiced. Revealing
the secrets is not an element of the offense.

Art. 291. Revealing secrets with abuse of office

Elements:
1) That the offender is a manager, employee or servant;

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 2) That he learns the secrets of his principal or master in such capacity;
and
3) That he reveals such secrets.

NOTE: Damage is not necessary under this Article.

Art. 292. Revelation of industrial secrets.

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

NOTE: Prejudice is an essential element in this offense. ART. 292 does not state the
time of the revelation of the industrial secrets. Therefore, the employee or workman
who revealed the secrets of the industry of his employer, after he had been dismissed
or separated from the establishment, may be held liable under this Articl. What is
important is that he was an employee or workman of the manufacturing or industrial
establishment when he learned the secrets.

Anti–Wire Tapping Law (R.A. 4200)

Acts Penalized:
1) It shall be unlawful for any person, not being authorized by all the
parties to any private communication or spoken word:
a) To tap any wire or cable, or
b) By using any other device or arrangement, to secretly
overhear, intercept, or record such communication or spoken
word by using a device commonly known as a Dictaphone or
dictagraph or detecta-phone or walkietalkie or tape-recorder,
or however otherwise described.
2) It shall also be unlawful for any person, be he a participant or not in
the act or acts penalized in the next preceding sentence:
a) To knowingly possess any tape record, wire record, disc
record, or any other such record, or copies thereof, of any
communication or spoken word secured either before or after
the effective date of this Act in the manner prohibited by this
law; or
b) To replay the same for any other person or persons; or

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 c) To communicate the contents thereof, either verbally or in
writing; or
d) To furnish transcriptions thereof, whether complete or partial,
to any other person.
Inadmissibility in evidence:
Any communication or spoken word, or the existence, contents,
substance, purport, effect or meaning of the same or any part thereof, or
any information therein contained obtained or secured by any person in
violation of the preceding sections of this Act shall not be admissible in
evidence in any judicial, quasi-judicial, legislative or administrative
hearing or investigation.

An extension telephone cannot be placed in the same category as a

Dictaphone, dictagraph or the other devices enumerated in Section 1 of
RA 4200 as the use thereof cannot be considered as “tapping” the wire
or cable of a telephone line.

Title Ten
CRIMES AGAINST PROPERTY

Chapter One
ROBBERY IN GENERAL

Art. 293. Who are Guilty of Robbery.

Elements:
1) Offender unlawfully takes the personal property of another;
2) The personal property belongs to another person;
3) Intent to gain in taking the property; and
4) Taking is with violence and intimidation or force upon things.

Art. 294. Robbery with Violence Against or Intimidation of Persons

Punishable acts:
1) When by reason or on occasion of the robbery, the crime of homicide
shall have been committed;
2) When the robbery shall have been accompanied by rape or
intentional mutilation, or if by reason or on occasion of such robbery,
any of the physical injuries penalized in subdivision 1 of Article 263
shall have been inflicted, or the person robbed shall have been held
for ransom or deprived of his liberty for more than one day;

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 3) When by reason or on occasion of the robbery, any of the physical
injuries penalized in subdivision 2 of the article mentioned in the
next preceding paragraph, shall have been inflicted; and
4) Violence or intimidation employed in the commission of the robbery
shall have been carried to a degree clearly unnecessary for the
commission of the crime, or when in the course of its execution, the
offender shall have inflicted upon any person not responsible for its
commission any of the physical injuries covered by subdivisions 3
and 4 of said Article 263.

Art. 295. Robbery with Physical Injuries, Committed in an Uninhabited Place and by
a Band.
Punishable acts:
1) In an inhabited place;
2) By a band;
3) By attacking a moving train, street car, motor vehicle or airship;
4) By entering the passenger’s compartments in a train or, in any
manner, taking the passengers thereof by surprise in the respective
conveyances; and
5) On a street, road, highway or alley and the intimidation is with use of
firearms.
Qualifying circumstance:
Penalty next higher in degree shall be imposed upon the leader of the
band.

Art. 296. Definition of a band and penalty incurred by members thereof.

Elements:
1) More than three armed malefactors;
2) Take part in the commission of a robbery;
3) The others members of the band committed an assault; and
4) He did not attempt to prevent the assault.
Qualifying circumstances:
1) Member of the band who is present at the commission of a robbery
by the band, shall be punished as principal of any of the assaults
committed by the band; and
2) Member of a band who is present at the commission of a robbery in
an uninhabited place and by a band, shall be punished as principal of
any of the assaults committed by the band.

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Art. 297. Attempted and Frustrated Robbery Committed Under Certain
Circumstances.
Elements:
1) Attempted or frustrated robbery; and
2) Homicide is committed the person guilty of such offenses.
Qualifying circumstances: Reclusión temporal in its maximum period to
reclusión perpetua, unless the homicide committed shall deserve a
higher penalty under the provisions of this Code.

Art. 298. Execution of deeds by means of violence or intimidation.

Elements:
1) With intent to defraud another;
2) By means of violence or intimidation; and
3) Compel him to sign, execute or deliver any public instrument or
document.

Art. 299. Robbery in an Inhabited House or Public Building or Edifice Devoted to

Worship.
Elements:
1) The malefactors shall enter the house or building in which the
robbery was committed, by any of the following means:
a) Through an opening not intended for entrance or egress;
b) By breaking any wall, roof, or floor or breaking any door or
window;
c) By using false keys, picklocks or similar tools;
d) By using any fictitious name or pretending the exercise of
public authority;
2) The robbery be committed under any of the following circumstances:
a) By the breaking of doors, wardrobes, chests, or any other kind
of locked or sealed furniture or receptacle;
b) By taking such furniture or objects away to be broken or
forced open outside the place of the robbery.
Qualifying circumstances:
1) Prisión mayor in its medium period to reclusión temporal in its
minimum period, if the value of the property taken shall exceed 250
pesos;
2) When the offenders do not carry arms, and the value of the property
taken exceeds 250 pesos, the penalty next lower in degree shall be
imposed;
3) The same rule shall be applied when the offenders are armed, but the
value of the property taken does not exceed 250 pesos;

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 4) When said offenders do not carry arms and the value of the property
taken does not exceed 250 pesos, they shall suffer the penalty
prescribed in the two next preceding paragraphs, in its minimum
period; and
5) Robbery be committed in one of the dependencies of an inhabited
house, public building, or building dedicated to religious worship,
the penalties next lower in degree than those prescribed in this article
shall be imposed.

Art. 300. Robbery in an Uninhabited Place and by a Band.

Robbery mentioned in the next preceding article, if committed in an
uninhabited place and by a band, shall be punished by the maximum
period of the penalty provided therefor.

Art. 301. What is an Inhabited House, Public Building or Building Dedicated

to Religious Worship and Their Dependencies. —
1) Inhabited house means any shelter, ship or vessel constituting the
dwelling of one or more persons, even though the inhabitants thereof
shall temporarily be absent therefrom when the robbery is committed;
2) "Deemed dependencies" of an inhabited house, public building or
building dedicated to religious worship includes all interior courts,
corrals, warehouses, granaries, barns, coach-houses, stables or other
departments or inclosed places contiguous to the building or edifice,
having an interior entrance connected therewith, and which form part of
the whole;
3) Orchards and other lands used for cultivation or production are not
included in the terms of the next preceding paragraph, even if closed,
contiguous to the building and having direct connection therewith; and
4) “Public building” includes every building owned by the Government or
belonging to a private person but used or rented by the Government,
although temporarily unoccupied by the same.

Art. 302. Robbery in an Uninhabited Place or in a Private Building.

Elements:
1) Robbery committed in an uninhabited place or in a building 2) Any of
the following circumstances is present:
a) If the entrance has been effected through any opening not
intended for entrance or egress;
b) If any wall, roof, floor or outside door or window has been
broken.

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 c) If the entrance has been effected through the use of false keys,
picklocks or other similar tools;
d) If any door, wardrobe, chest, or any sealed or closed furniture
or receptacle has been broken; and
e) If any closed or sealed receptacle, as mentioned in the
preceding paragraph, has been removed, even if the same be
broken open elsewhere.
Qualifying circumstances:
1) When the value of the property taken does not exceed 250 pesos, the
penalty next lower in degree shall be imposed.
2) In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of
this Code, when the property taken is large cattle, the offender shall
suffer the penalties next higher in degree than those provided in said
articles.

Art. 303. Robbery of Cereals, Fruits, or Firewood in an Uninhabited Place or Private

Building.
In cases enumerated in articles 299 and 302, when the robbery consists
in the taking of cereals, fruits, or firewood, the culprit shall suffer the
penalty next lower in degree than that prescribed in said articles.

Art. 304. Possession of Picklocks or Similar Tools.

Elements:
1) Without lawful cause;
2) Have in his possession picklocks or similar tools; and
3) Especially adapted to the commission of the crime of robbery.
Qualifying circumstances:
1) Arresto mayor shall be imposed upon any person who shall make
such tools; and
2) If the offender be a locksmith, he shall suffer the penalty of prisión
correccional in its medium and maximum periods.

Art. 305. False Keys.

1) The tools mentioned in the next preceding articles;
2) Genuine keys stolen from the owner; and
3) Any keys other than those intended by the owner for use in the lock
forcibly opened by the offender.

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 Chapter Two
BRIGANDAGE

Art. 306. Who are Brigands

Elements:
1) When three or more armed persons;
2) Form a band of robbers;
3) Purpose:
a) committing robbery in the highway;
b) kidnapping persons for the purpose of extortion or to obtain
ransom; and
c) attained by means of force and violence, they shall be deemed
highway robbers or brigands.
Qualifying circumstances:
1) Prisión mayor in its medium period to reclusión temporal in its
minimum period if the act or acts committed by them are not
punishable by higher penalties, in which case, they shall suffer such
higher penalties; and

2) If any of the arms carried by any of said persons be an unlicensed

firearm, it shall be presumed that said persons are highway robbers
or brigands, and in case of conviction, the penalty shall be imposed
in the maximum period.

The Anti–Highway Robbery Law of 1974 (PD

532) Highway robbery or brigandage
It is the seizure for ransom, extortion or other unlawful purposes or the
taking away of property of another by means of violence against or other
unlawful means, committed by any person on any Philippine Highway. Any
person who aids or protects highway robbers or abets the commission of
highway robbery or brigandage shall be considered as an accomplice.

NOTE: Philippine highway shall refer 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.

Art. 307. Aiding and Abetting a Band of Brigands.

Elements:
1) There is a band of brigands;
2) Offender knows the band to be of brigands; and

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 3) Offender does any of the following acts:
a) He in any manner aids, abets or protects such band of brigands;
b) He gives them information of the movements of the police or
other peace officers of the government; and
c) He acquires or receives the property taken by such brigands.

Chapter Three
THEFT

Art. 308. Who are Liable for Theft.

Elements:
1) Taking of personal property;
2) Belongs to another;
3) With intent to gain;
4) Without violence against or intimidation of persons nor force upon
things; and
5) Take personal property of another without the latter’s consent.
Theft is likewise committed by:
1) Any person who:
a) Having found lost property; and
b) Fail deliver the same to the local authorities or to its owner.
2) Any person who:
a) After having maliciously damaged the property of another;
b) Remove or make use of the fruits or object of the damage caused
by him.
3) Any person who:
a) Enter an enclosed estate or a field;
b) Where trespass forbidden or which belongs to another and
without the consent of its owner; and
c) Shall hunt or fish upon the same or shall gather fruits, cereals, or
other forest or farm products.

Art. 309. Penalties.

The penalty of prisión mayor in its minimum and medium periods, if
the value of the thing stolen is more than 12,000 pesos but does not
exceed 22,000 pesos.
Qualifying circumstances:
1) Value of the thing stolen exceeds the latter amount the penalty shall
be the maximum period of the one prescribed in this paragraph, and

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 one year for each additional ten thousand pesos, but the total of the
penalty which may be imposed shall not exceed twenty years. In
such cases, and in connection with the accessory penalties which
may be imposed and for the purpose of the other provisions of this
Code, the penalty shall be termed prision mayor or reclusion
temporal, as the case may be;
2) The penalty of prision correccional in its medium and maximum
periods, if the value of the thing stolen is more than 6,000 pesos but
does not exceed 12,000 pesos;
3) The penalty of prision correccional in its minimum and medium
periods, if the value of the property stolen is more than 200 pesos but
does not exceed 6,000 pesos;
4) Arresto mayor in its medium period to prision correccional in its
minimum period, if the value of the property stolen is over 50 pesos
but does not exceed 200 pesos;
5) Arresto mayor to its full extent, if such value is over 5 pesos but does
not exceed 50 pesos;
6) Arresto mayor in its minimum and medium periods, if such value
does not exceed 5 pesos;
7) Arresto menor or a fine not exceeding 200 pesos, if the theft is
committed under the circumstances enumerated in paragraph 3 of the
next preceding article and the value of the thing stolen does not
exceed 5 pesos. If such value exceeds said amount, the provision of
any of the five preceding subdivisions shall be made applicable; and
8) Arresto menor in its minimum period or a fine not exceeding 50
pesos, when the value of the thing stolen is not over 5 pesos, and the
offender shall have acted under the impulse of hunger, poverty, or
the difficulty of earning a livelihood for the support of himself or his
family.

Art. 310. Qualified Theft.

Persons liable:
1) Committed by a domestic servant;
2) Committed with grave abuse of confidence;
3) If property stolen is large cattle, motor vehicle, mail matter;
4) Consists of coconuts taken from plantation;
5) Fish taken from a fishpond or fishery; and
6) If property is taken on the occasion of fire, earthquake, typhoon,
volcanic eruption, or any other calamity

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Art. 311. Theft of the Property of the National Library and National Museum. If the
property stolen be any property of the National Library or of the National Museum:
1) Penalty shall be arresto mayor or a fine ranging from 200 to 500
pesos, or both;
2) Unless a higher penalty should be provided under other provisions of
this Code, in which case, the offender shall be punished by such
higher penalty.

Chapter Four
USURPATION

Art. 312. Occupation of Real Property or Usurpation of Real Rights in Property.

Punishable acts:
1) Any person who, by means of violence against or intimidation of
persons; and
2) Take possession of any real property or shall usurp any real rights in
property belonging to another.
Elements:
1) Offender takes possession of any real property or usurps any real
rights in property;
2) Real property or real rights belongs to another;
3) Violence against or intimidation of persons is used by the offender in
occupying real property or usurping real rights in property; and
4) There is intent to gain.

Art. 313. Altering Boundaries or Landmarks.

Elements:
1) There are boundary marks or monuments of towns, provinces, or
estates, or any other marks intended to designate the boundaries of
the same; and
2) Offender alters said boundary marks.

Chapter Five
CULPABLE INSOLVENCY

Art. 314. Fraudulent Insolvency.

Elements:
1) Offender is a debtor, that is, he has obligations due and payable;
2) He absconds with his property; and

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 3) There be prejudice to his creditors.

Qualifying Circumstances:
1) Person who shall abscond with his property to the prejudice of his
creditors, shall suffer the penalty of prisión mayor if he be a
merchant;
2) Penalty of prisión correccional in its maximum period to prisión
mayor in its medium period, if he be not a merchant.

Chapter Six
SWINDLING AND OTHER
DECEITS

Art. 315. Swindling (Estafa)

Elements of estafa in general:
1) Accused defrauded another by abuse of confidence or by means of deceit.
Ways of committing estafa:
a) With unfaithfulness or abuse of confidence;
b) By means of false pretenses or fraudulent acts; or
c) Through fraudulent means.
2) Damage or prejudice capable of pecuniary estimation is caused to the
offended party or third person.
1. Estafa with unfaithfulness or abuse of confidence:
Elements:
1) Under paragraph (a):
a) Offender has an onerous obligation to deliver something
of value;
b) He alters its substance, quantity, or quality; and
c) Damage or prejudice is caused to another
2) Under paragraph (b):
a) Money, goods, or other personal property is received by
the offender in trust, or on commission, or for
administration, or under any other obligation involving
the duty to make delivery of, or to return, the same;
b) There is misappropriation or conversion of such money
or property by the offender, or denial on his part of
such receipt;
c) Such misappropriation or conversion or denial is to the
prejudice of another; and
d) There is a demand made by the offended party to the
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offender.

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 3) Under paragraph (c):
a) The paper with the signature of the offended party is in
blank;
b) Offended party delivered it to the offender;
c) Above the signature of the offended party, a document
is written by the offender without authority to do so;
d) The document so written creates a liability of, or causes
damage to, the offended party or any third person.
2. Estafa by means of false pretenses or fraudulent acts:
Elements:
1) Under paragraph (a) –
a) Using fictitious name;
b) Falsely pretending to possess power, influence,
qualifications, property, credit, agency, business
or imaginary transactions; or
c) By means of other similar deceits
2) Under paragraph (b) – Altering the quality, fineness, or
weight of anything pertaining to his art or business.
3) Under paragraph (c) – Pretending to have bribed any
government employee, without prejudice to the action
for calumny which the offended party may deem
proper to bring against the offender.
4) Under paragraph (d) – postdating a check or issuing a
check in payment of an obligation
5) Under paragraph (e) –
a) By obtaining food, refreshment or
accommodation at a hotel, inn, restaurant,
boarding house, lodging house or apartment
house without paying therefor, with intent to
defraud the proprietor or the manager thereof;
b) By obtaining credit at any of said establishments
by the use of any false pretense;
c) By abandoning or surreptitiously removing any
part of his baggage from any of said
establishments after obtaining credit, food,
refreshment or accommodation therein, without
paying therefor
Estafa under par. 2 (d) of Art. 315
Elements:

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 1) The postdating or issuance of a check in payment
of an obligation contracted at the time the check
was issued;
2) Lack of sufficiency of funds to cover the check;
and
3) Damage to the payee.
3. Estafa through fraudulent means under Article 315 (3)
Elements:
1) Under paragraph (a) –
a) Offender induced the offended party to sign a
document;
b) Deceit was employed to make him sign the
document;
c) Offended party personally signed the document;
and
d) Prejudice was caused.
2) Under paragraph (b)
Resorting to some fraudulent practice to insure
success in a gambling game;
3) Under paragraph (c) –
a) Offender removed, concealed or destroyed;
b) Any court record, office files, documents or any
other papers; and
c) With intent to defraud another.

Art. 316. Other Forms of Swindling.

1) Conveying, selling, encumbering, or mortgaging any real property,
pretending to be the owner of the same;
Elements:
a) Thing be immovable;
b) Offender who is not the owner of said property should
represent that he is the owner thereof;
c) Offender should have executed an act of ownership (selling,
leasing, encumbering or mortgaging the real property); and
d) Act is made to the prejudice of the owner or of a third person.
2) Disposing real property knowing it to be encumbered even if the
encumbrance be not recorded;
Elements:
a) That the thing disposed of is real property;

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 b) Offender knew that the real property was encumbered,
whether the encumbrance is recorded or not;
c) There must be express representation by the offender; that the
real property is free from encumbrance; and
d) Act of disposing of the real property be made to the damage of
another.
3) Wrongful taking of personal property from its lawful possessor to the
prejudice of the latter or a third person;
Elements:
a) Offender is the owner of personal property;
b) Said personal property is in the lawful possession of another;
c) Offender wrongfully takes it from its lawful possessor; and
d) Prejudice is thereby caused to the possessor or third person.
4) Executing any fictitious contract to the prejudice of another;
5) Accepting any compensation given to him under the belief it was in
payment of services or labor when he did not actually perform such services
or labor;

6) Selling, mortgaging or in any manner encumbering real property while

being a surety in bond without express authority from the court or before
being relieved from the obligation;
Elements:
a) Offender is a surety in a bond given in a criminal or civil action;
b) He guaranteed the fulfillment of such obligation with his real
property or properties;
c) He sells, mortgages, or, in any other manner encumbers said
real property; and
d) Such sale, mortgage or encumbrance is without express
authority from the court, or made before the cancellation of
his bond, or before being relieved from the obligation
contracted by him.

Art. 317. Swindling a Minor.

Elements:
a) Offender takes advantage of the inexperience or emotions or feelings of
a minor;
b) He induces such minor to assume an obligation, or to give release, or to
execute a transfer of any property right;
c) Consideration is some loan of money, credit or other personal property;
and
d) Transaction is to the detriment of such minor.
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Art. 318. Other Deceits.
1) Defrauding or damaging another by any other deceit not mentioned in
the preceding articles; and
2) Interpreting dreams, making forecasts, telling fortunes, or taking
advantage of the credulity of the public in any other similar manner, for
profit or gain.

Chapter Seven
CHATTEL
MORTGAGE

Art. 319. Removal, Sale or Pledge of Mortgaged Property.

Punishable acts:
1) Any person knowingly removing any personal property mortgaged
under the Chattel Mortgage Law to any province or city other than the
one in which it was located at the time of execution of the mortgage,
without the written consent of the mortgagee or his executors,
administrators or assigns.
Elements:
a) Personal property is mortgaged under the Chattel Mortgage
Law;
b) Offender knows that such property is so mortgaged;
c) Offender removes such mortgaged personal property to any
province or city other than the one in which it was located at
the time of the execution of the mortgage;
d) Removal is permanent; and
e) There is no written consent of the mortgagee or his executors,
administrators or assigns to such removal.

2) Selling or pledging personal property already pledged, or any part

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

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 b) Offender, who is the mortgagor of such property, sells or
pledges the same or any part thereof; and
c) There is no consent of the mortgagee written on the back of
the mortgage and noted on the record thereof in the office of
the register of deeds.

NOTE: Chattel mortgage must be valid and subsisting. Removal of the mortgaged
personal property must be coupled with intent to defraud.

Chapter Eight
ARSON AND OTHER CRIMES INVOLVING DESTRUCTION
(Articles 320-326B have been repealed by P.D. No. 1613)

Commission of Destructive Arson

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 such as, but not limited to official
governmental function or business, private transaction,
commerce, trade workshop, meetings and conferences or
merely incidental to a definite purpose such as but not limited
to hotels, motels, transient dwellings, public conveyance or
stops or terminals, regardless of whether the offender had
knowledge that there are persons in said building or edifice at
the time it is set on fire and regardless also of whether the
building is actually inhabited or 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; and
e) Any building the burning of which is for the purpose of
concealing or destroying evidence of another violation of law,
or for purpose of concealing bankruptcy or defrauding
creditors or to collect from insurance.

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 2) Two or more persons or by a group of persons, regardless of whether
their purpose is merely to burn or destroy the building or the burning
merely constitutes an overt act in the commission of another
violation of law.
3) Any person who shall burn:
a) Any arsenal, shipyard, storehouse or military powder or
fireworks factory, ordinance, storehouse, archives or general
museum of the Government;
b) In an inhabited place, any storehouse or factory of
inflammable or explosive materials.

Chapter Nine
MALICIOUS
MISCHIEF

Art. 327. Who are Liable for Malicious Mischief.

Elements:
1) Offender deliberately caused damage to the property of another;
2) Such act does not constitute arson or other crimes involving
destruction; and
3) Act of damaging another’s property be committed merely for the
sake of damaging it.

Art. 328. Special Cases of Malicious Mischief:

Punishable acts:
1) Causing damage to obstruct the performance of public functions;
2) Using any poisonous or corrosive substance;
3) Spreading any infections among cattle; and
4) Causing damage to the property of the National Museum or National
Library, or to any archive or registry, waterworks, road, promenade,
or any other thing used in common by the public.

Art. 329. Other Mischiefs.

The mischiefs not included in the next preceding article:
Qualifying circumstances:
1) By arresto mayor in its medium and maximum periods, if the value
of the damage caused exceeds 1,000 pesos;
2) By arresto mayor in its minimum and medium periods, if such value
is over 200 pesos but does not exceed 1,000pesos; and

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 3) By arresto menor or fine of not less than the value of the damage
caused and not more than three times such value, if the amount
involved exceeds 200 pesos or cannot be estimated.

Art. 330. Damages and Obstruction to Means of Communication.

Qualifying circumstances:
1) Penalty of prisión correccional in its medium and maximum periods
shall be imposed upon any person who shall damage any railway,
telegraph or telephone lines; and
2) If the damage shall result in any derailment of cars, collision or other
accident, the penalty of prisión mayor shall be imposed, without
prejudice to the criminal liability of the offender for the other
consequences of his criminal act.

Art. 331. Destroying or Damaging Statues, Public Monuments or Paintings.

Persons liable for this crime:
1) Any person who shall destroy or damage statutes or any other useful
or ornamental public monuments; and
2) Any person who shall destroy or damage any useful or ornamental
painting of a public nature.

Chapter Ten
EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY

Art. 332: Persons exempt from criminal liability

Crimes involved in the exemption:
1) Theft
2) Estafa; and
3) Malicious Mischief.
Persons exempt from criminal liability
1) Spouses, ascendants and descendants, or relatives by affinity in the
same line;
2) The widowed spouse with respect to the property which belonged to
the deceased spouse before the same shall have passed into the
possession of another; and
3) Brothers and sisters and brothers-in-law and sisters-in-law, if living
together.

NOTE: The exemption established by this article shall not be applicable to strangers
participating in the commission of the crime

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Anti–Cattle Rustling (PD 593)
Elements of Cattle Rustling:
1) Taking away by means, method, scheme;
2) Without the consent of the owner/raiser;
3) Of large cattle (cow, carabao, horse, mule, ass, other domesticated
member of bovine family but not goats) whether or not for profit of
gain or whether committed with or without violence against or
intimidation of persons or taking it as a meat or hide without consent
of the owner/raiser.

Anti–Fencing Law (P.D. 1612)

Fencing – the act of any person who, w/ intent to gain for himself or for
another, shall buy, receive, possess, keep, acquire, conceal, sell, or
dispose of, or shall buy and sell, or in any other manner deal any article,
item, object or anything of value which he knows, or should be known
to him, to have been derived from the proceeds of the crime of robbery
or theft.
Presumption of Fencing
Mere possession of any good, article, item, object, or anything of value
which has been the subject of robbery or thievery shall be prima facie
evidence of fencing.
Clearance/Permit to Sell
Used/ Second Hand Articles.
All stores, establishments or entities dealing in the buy and sell of any
good, article, item, object or anything of value shall, before offering the
same for sale to the public, secure the necessary clearance or permit
from the station commander of the Integrated National Police in the
town or city where such store, establishment or entity is located.
Any person who fails to secure the required clearance/permit shall also
be punished as a fence.

Bouncing Checks Law (BP 22)

Persons liable under B.P. 22:
1) Any person who makes or draws and issues any check to apply on
account or for value, knowing at the time of issue that he does not
have sufficient funds in or credit with the drawee bank for the
payment of such check in full upon its presentment, which check is
subsequently dishonored by the drawee bank for insufficiency of
funds or credit or would have been dishonored for the same reason
had not the drawer, without any valid reason, ordered the bank to
stop payment;
2) Having sufficient funds in or credit with the drawee bank when he
makes or draws and issues a check, shall fail to keep sufficient funds
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or to maintain a credit to cover the full amount of the check if

147
 presented within a period of 90 days from the date appearing
thereon, for which reason it is dishonored by the drawee bank
(Sec.1).
Elements for violation of B.P. 22 (par. 1)
1) That a person makes or draws and issues any check;
2) The check is drawn or issued to apply on account or for a valuable
consideration;
3) The person who makes or draws and issues the check knows at the
time of issue that he does not have sufficient funds in or credit with
the drawee bank for the payment of such check in full upon its
presentment; and
4) At the time the check was presented for payment at due date, the
same was dishonoured for insufficiency of funds or credit, or would
have been dishonoured for the same reason had not the drawer,
without any valid reason, ordered the bank to stop payment.
Elements of violation of B.P. 22 (par. 2)
1) That a person has sufficient funds in or credit with the drawee bank
when he makes or draws and issues a check;
2) That he fails to keep sufficient funds or to maintain a credit to cover
the full amount of the check if presented within a period of 90 days
from the date appearing thereon;
3) That the check is dishonoured by the drawee bank; and
4) At the time the check was presented for payment at due date, the
same was dishonoured for.

New Anti–Carnapping Act of 2016 (R.A. 10883)

Ways of committing Carnapping
1) When the subject matter is a motor vehicle and the motor vehicle is
unlawfully taken through violence, threat or intimidation; and
2) In any other unlawful means.
Elements:
1) That there is an actual taking of the vehicle;
2) That the vehicle belongs to a person other than the offender himself;
3) That the taking is without the consent of the owner thereof; or that
the taking was committed by means of violence against or
intimidation of persons, or by using force upon things; and
4) That the offender intends to gain from the taking of the vehicle.

Anti–Arson Law (PD 1613, as amended by PD 1744)

Arson – when any person burns or sets fire to the property of another, or
his own property under circumstance which expose to danger the

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life or property of another.

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 Kinds of arson
1) Arson (Sec. 1, PD No. 1613)
2) Destructive arson (Art. 320, as amended by RA No. 7659)
3) Other cases of arson (Sec. 3, PD No. 1613)
Destructive Arson
Burning of:
1) Any ammunition factory and other establishment where
explosives, inflammable or combustible materials are
stored
2) Any archive, museum, whether public or private, or any
edifice devoted to culture, education or social services
3) Any train, airplane or any aircraft, vessel of watercraft, or
conveyance for transportation of persons or property
4) Any church or place of worship or other building where
people usually assemble
5) Any building where evidence is kept for use in any
legislative, judicial, administrative or other official
proceeding
6) Any hospital, hotel, dormitory, lodging house, housing
tenement, shopping center, public or private market,
theater or movie house or any similar place or building
7) Any building, whether used as a dwelling or not, situated in
a populated or congested area
Other cases of arson:
Burning of:
1) Any building used as offices of the Government or any of
its agencies
2) Any inhabited house or dwelling
3) Any industrial establishment, shipyard, oil, well or mine
shaft, platform or tunnel
4) Any plantation farm, pasture land, growing crop or grain
field, orchard, bamboo grove or forest
5) Any rice mill, sugar mill, cane mill, or mill central
6) Any railway or bus station, airport, wharf, or warehouse
Special Aggravating Circumstances in Arson
1) If committed with intent to gain
2) If committed for the benefit of another
3) If the offender be motivated by spite or hatred towards the
owner or occupant of the property burned
4) If committed by a syndicate.

The offense is committed by a syndicate if it is planned or carried out by a

group of three or more persons. If a part of the building commences to burn,
the crime is consummated arson, however small is the portion burned.

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 When there is fire, the crime committed is either frustrated or consummated
arson, never attempted. Mere conspiracy to commit arson is punishable. There
is no complex crime of arson with homicide.

Title Eleven
CRIMES AGAINST CHASTITY

Chapter One
ADULTERY AND CONCUBINAGE

Art. 333. Who are guilty of adultery.

Elements:
1) To convict a woman for adultery:
a) That she is a married woman;
b) That she unites in sexual intercourse with a man not her
husband.
2) To convict a man for adultery:
a) That he had actual intercourse with a married woman;
b) That he commits the act with the knowledge that said woman
is married.

NOTE: Adultery is a private crime. It can only be prosecuted by the offended spouse
against both offenders. The male offender can however, interpose the defense that he
does not know that the woman is married.

Art. 334. Concubinage

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

NOTE: Concubinage is a private crime. It can only be prosecuted by the offended

spouse against both offenders. The female offender can however, interpose the
defense that she does not know that the man is married.

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 Chapter Two
RAPE AND ACTS OF LASCIVIOUSNESS

Art. 334. When and how rape is committed

NOTE: Art 335 has been repealed by RA 8553 (Anti-Rape Law of 1997); RA 11648

Art. 336. Acts of lasciviousness.

Elements:
1) Offender commits any act of lasciviousness or lewdness;
2) Act of lasciviousness is committed against a person of either sex; and
3) It is done under any of the following circumstances:
a) By using force or intimidation;
b) When the offended party is deprived of reason or otherwise
unconscious;
c) By means of fraudulent machination or grave abuse of
authority; and
d) When the offended party is under 16 years of age or is
demented.

Chapter Three
SEDUCTION, CORRUPTION OF MINORS, AND WHITE SLAVE TRADE

Art. 337. Qualified seduction.

Acts punished and their respective elements:
1) Seduction of a virgin over 12 years and under 18 years of age by certain
persons, such as, a person in authority, priest, house servant, domestic,
guardian, teacher, or any person who, in any capacity shall be entrusted
with the education or custody of the woman seduced;
Elements:
a) Offender is a public officer, a domestic servant, priest,
teacher, guardian or any person who has custody over the
person;
b) Offended party is a virgin which is presumed if she is
unmarried and of good reputation;
c) She is over 12 and under 18 years of age;
d) Offender has sexual intercourse with her; and
e) There is abuse of authority, confidence or relationship on the
part of the offender.

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NOTE: Virginity does not refer to physical virginity. It would suffice that the woman
is living a chaste life. The law presumes that she is a virgin.

2) Seduction of a sister by her brother, or descendant by her ascendant,

regardless of her age or reputation.
a) Sexual intercourse
b) Abuse of authority

NOTE:
In this kind of seduction, age and virginity does not matter. Sexual intercourse is an
element of ANY kind of seduction.

Art. 338. Simple seduction.

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

NOTE: It is important that the woman gave in because of the offender’s

promise/deceitful act.

Art. 339. Acts of lasciviousness with the consent of the offended party.
Elements:
1) Offender commits acts of lasciviousness or lewdness;
2) Acts are committed upon a woman who is virgin or single or widow
of good reputation, under 18 years of age but over 12 years, or a
sister or descendant regardless of her reputation or age.
3) Offender accomplishes the acts by abuse of authority, confidence,
relationship, or deceit.

Art. 340. Corruption of minors. (as amended by B.P. 92).

Elements:
1) Offender promotes or facilitates the prostitution or corruption of
persons underage; and
2) Purpose is to satisfy the lust of another.

NOTE:
Under the present wordings of the law, a single act of promoting or facilitating the
corruption or prostitution of minor is sufficient to constitute violation of this article.

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Victim must be of good reputation, not a prostitute or corrupted person. It is NOT
necessary that unchaste acts are done; mere proposal consummates the offense.

Art. 341. White slave trade. (as amended by B.P. 186).

Punishable acts:
1) Engaging in the business of prostitution;
2) Profiting by prostitution; and
3) Enlisting the service of women for the purpose of prostitution.

NOTE: Mere enlisting of the services of women for the purpose of prostitution
whether the offender profits or not is punishable.

Chapter Four
ABDUCTION

Art. 342. Forcible abduction.

Elements:
1) Person abducted is any woman, regardless of her age, civil status, or
reputation;
2) Abduction is against her will; and
3) Abduction is with lewd designs.

NOTE: If the female is below 12 years of age, there need not be any force or
intimidation to constitute Forcible Abduction. In fact, the abduction may be with her
consent and the reason for this is that she has no will of her own, and therefore is
incapable of giving the real meaning of consent.

Where lewd design was not proved or shown, and the victim was deprived of her
liberty, the crime is kidnapping with serious illegal detention under Art. 267. Sexual
intercourse is not an element. If by reason of the forcible abduction the man had
sexual intercourse with the woman, it would result in a complex crime of forcible
abduction with rape. Only one forcible abduction and one rape is necessary to form a
complex crime of forcible abduction with rape. If there is abduction and 7 counts of
rape, the crimes committed are: forcible abduction with rape and 6 counts of rape.

Art. 343. Consented abduction.

Elements:
1) Offended party must be a virgin;
2) She must be over 12 and under 18 years of age;

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 3) Taking away of the offended party must be with her consent, after
solicitation or cajolery from the offender; and
4) Taking away of the offended party must be with lewd designs.

NOTE: The virginity mentioned in this Article should not be understood in its
material sense and does not exclude the idea of abduction of a virtuous woman of
good reputation because the essence of the offense is not the wrong done to the
woman but the outrage to the family and the alarm produced in it by the disappearance
of one of its members.

Art. 344. Prosecution of the Crimes of Adultery, Concubinage, Seduction, Abduction,

and Acts of Lasciviousness.
1) Adultery and concubinage must be prosecuted upon complaint
signed by the offended spouse; and
2) Seduction, abduction, or acts of lasciviousness must be prosecuted
upon complaint signed by:
a) offended party,
b) her parents,
c) grandparents, or
d) legal guardians.

Note: In the order in which they are named above.

Art. 345. Civil Liability of Persons Guilty of Crimes against Chastity.

1) The adulterer and concubine in the case provided for in Articles 333
and 334 may also be sentenced, in the same proceeding or in a
separate civil proceeding, to indemnify form damages caused to the
offended spouse.
2) There is no civil liability for Acts of Lasciviousness.
3) Moral damages may be awarded to the offended party, and her
parents, for seduction, abduction, rape, other lascivious acts (Art.
2219 Civil Code).
4) In multiple rapes by multiple offenders, all of them must support
offspring. No one may be made to acknowledge his offspring.
5) The offender in a rape case who is married is no longer prohibited
from acknowledging his offspring because, since the child is
illegitimate, the Family Code automatically confers parental
authority to the mother. He can, however, only be sentenced to
indemnify the victim and support his offspring. The amount and
terms of support should be determined only after due notice and
hearing.

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6) Only indemnity is allowed in rape of a married woman. The
defendant cannot be sentenced to acknowledge and support the
offspring.

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Art. 346. Liability of Ascendants, Guardians, Teachers, or Other Persons Entrusted
with Custody of Offended Party Provision is applicable to the following crimes:
1) Rape;
2) Acts of lasciviousness;
3) Qualified seduction;
4) Simple seduction;
5) Acts of lasciviousness with consent of the offended party;
6) Corruption of minors;
7) White slave trade;
8) Forcible abduction; and
9) Consented abduction.

Other instance when accomplice is punished as principal:

Anyone who shall furnish the place for the perpetration of slight illegal
detention shall receive the same penalty for the crime.

Human Security Act of 2007 (RA 9372).

Punishable acts under RPC:
1) Piracy in General and Mutiny in the High Seas or in the Philippine
Waters (Art. 122);
2) Rebellion or Insurrection (Art. 134);
3) Coup d’etat, (Art. 134-a), including acts committed by private persons
4) Murder (Art. 248);
5) Kidnapping and Serious Illegal Detention (Art. 267); and
6) Crimes involving Destruction (Art.
324). Punishable acts under Special Penal Laws:
1) The Law on Arson (PD 1613);
2) Toxic Substances and Hazardous and Nuclear Waste Control Act of
1990 (RA 6969);
3) Atomic Energy Regulatory and Liability Act of 1968 (RA 5207);
4) Anti‐Hijacking Law (RA 6235);
5) Anti‐Piracy and Anti‐Highway Robbery Law of 1974 (P.D. 532); and
6) Decree Codifying the Laws on Illegal and Unlawful Possession,
Manufacture, Dealing In, Acquisition or Disposition of Firearms,
Ammunitions or Explosives (PD 1866, as amended).

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 Title Twelve
CRIMES AGAINST THE CIVIL STATUS OF PERSONS

Chapter One
SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS

Art. 347. Simulation of births, substitution of one child for another, and concealment
of abandonment of a legitimate child.
Elements:
1) Offender is any person;
2) Offender does the following acts:
a) simulation of births;
b) substitution of one child for another;
c) concealing or abandoning any legitimate child with intent to
cause such child to lose its civil status.
Elements of the third way of committing the crime (concealing or abandoning
any legitimate child with intent to cause such child to lose its civil status).
1) The child must be legitimate;
2) The offender conceals or abandons such child; and
3) The offender has the intent to cause the child to lose its civil status.

Art. 348. Usurpation of civil status.

Elements:
1) Offender is any person; and
2) Offender usurp the civil status of
another. Qualifying circumstance:
If the purpose is to defraud offended parties and heirs.

Art. 349. Bigamy.

Elements:
1) That the offender has been legally married.
2) That the marriage has not been legally dissolved or, in case his or her
spouse is absent, the absent spouse could not yet be presumed dead
according to the Civil Code.
3) That he contracts second or subsequent marriage.
4) That the second or subsequent marriage has all the essential
requisites for validity, except for the existence of the first marriage.

NOTE: The second or subsequent marriage shall be valid were it not for the first
marriage. Otherwise, the charge of Bigamy will not materialize.

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Art. 350. Marriages contracted against the provisions of the laws.
Elements:
1) Offender contracted marriage; and
2) He knew at the time that the:
a) Requirements of the law were not complied with; or
b) Marriage was in disregard of a legal impediment.
3) The act of the offender does not constitute Bigamy.
Qualifying circumstance:
If either of the contracting parties obtains the consent of the other by
means of violence, intimidation or fraud.

Art. 351. Premature marriage.

Persons liable of premature marriages:
1) Widow who married within 301 days from the date of the death of
her husband, or before having delivered if she is pregnant at the time
of his death.

NOTE: Period of 301 days may be disregarded if the first husband was
impotent or sterile. Period of 301 days, or 10 months, is only for cases
where the woman is not, or does not know yet that she is pregnant at the
time she becomes a widow. If she is pregnant at the time she becomes a
widow, the prohibition is good only up to her delivery.

2) Woman whose marriage having been annulled or dissolved, married

before her delivery or before the expiration of the period of 301 days
after the date of the legal separation.

NOTE: The woman will not be liable if she has:

a) Already delivered;
b) Conclusive proof that she was not pregnant by her 1st spouse since
he was permanently sterile.

NOTE: The purpose is to prevent doubtful paternity

Art. 352. Performance of illegal marriage ceremony.

Persons liable:
1) Offender is a priest or minister of any religious denomination or sect,
or civil authorities; and
2) Offender performs or authorizes any illegal marriage ceremony.

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NOTE: Art. 352 presupposes that the priest or minister or civil authority is authorized
to solemnize marriages. If the priest or ministers are not authorized to solemnize
marriage under the law, and shall perform the marriage ceremony, they may be
prosecuted for Usurpation of Authority or Official Functions under Art. 177 of the
RPC and not under this article.

Title Thirteen
CRIMES AGAINST HONOR

Chapter One
LIBEL

Art. 353. Definition of Libel

Persons liable for libel
1) Any person who shall publish, exhibit or cause the publication or
exhibition of any defamation in writing or by similar means; and
2) The author or editor of a book or pamphlet, or the editor or business
manager of a daily newspaper, magazine or serial publication, for
defamation contained therein to the same extent as if he were the
author thereof.
Elements:
1) There must be an imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status or circumstance;
2) Imputation must be made publicly;
3) It must be malicious; and
4) It must be directed at a natural or juridical person, or one who is dead.

NOTE: In order to maintain a libel suit, it is essential that the victim be identifiable
although it is not necessary that he be named. It must be shown that at least a third
person could identify him as the object of the libelous publication.

5) It must tend to cause the dishonor, discredit or contempt of the

person defamed.

NOTE: Identity of the person defamed is important. He need not be named, it is

sufficient that a third person can identify him as the object of defamation.

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Art. 354. Requirement of publicity.
Every defamatory imputation is presumed to be malicious, even if it be true, if
no good intention and justifiable motive for making it is shown, except in the
following cases:
1) A private communication made by any person to another in the
performance of any legal, moral or social duty; and
2) A fair and true report, made in good faith, without any comments or
remarks, of any judicial, legislative or other official proceedings
which are not of confidential nature, or of any statement, report or
speech delivered in said proceedings, or of any other act performed
by public officers in the exercise of their functions.

Art. 355. Libel by means of writings or similar means.

Libel may be committed by:
1) Writing
2) Printing
3) Lithography
4) Engraving
5) Radio
6) Phonograph
7) Painting
8) Theatrical exhibition
9) Cinematographic exhibition
10)Any similar means

NOTE: Defamation through amplifiers is not libel, but oral defamation.

Art. 356. Threatening to publish and offer to prevent such publication for a
compensation.
Punishable acts:
1) Threatening another to publish a libel concerning him, or his parents,
spouse, child, or other members of his family;
2) Offering to prevent the publication of such libel for compensation, or
money consideration.

NOTE: Known as “blackmail” – in its metaphorical sense, may be defined as any

unlawful extortion of money by threats of accusation or exposure.

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Art. 357. Prohibited publication of acts referred to in the course of official
proceedings.
Elements:
1) Offender is a reporter, editor or manager of a newspaper daily or
magazine
2) He publishes facts connected with the private life of another; and
3) Such facts are offensive to the honor, virtue and reputation of said
person.

Art. 358. Slander.

Kinds of oral defamation
1) Simple slander; and
2) Grave slander, when it is of a serious and insulting nature.

Elements of oral defamation

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

NOTE: The imputation, of course, must be verbally made or uttered. The slanderous
remarks need not to be heard by the offended party as long as they are uttered in the
presence of a third person.

Art. 359. Slander by deed.

Elements:
1) Offender performs any act not included in any other crime against
honor;
2) Such act is performed in the presence of other person or persons; and
3) Such act casts dishonor, discredit or contempt upon the offended
party.

Art. 360. Persons responsible

Persons liable for libel
1) Person who publishes, exhibits or causes the publication or
exhibition of any defamation in writing or similar means;
2) Author or editor of a book or pamphlet;

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 3) Editor or business manager of a daily newspaper magazine or serial
publication; and
4) Owner of the printing plant which publishes a libelous article with
his consent and all other persons who in any way participate in or
have connection with its publication.

Art. 361. Proof of truth

Proof of truth is admissible in any of the following:
1) When the act or omission imputed constitutes a crime regardless of
whether the offended party is a private individual or a public officer;
and
2) When the offended party is a government employee, even if the act
or omission imputed does not constitute a crime, provided, it is
related to the discharge of his official duties.

Art. 362. Libelous remarks

Libelous remarks or comments on matters privileged, if made with malice in
fact, do not exempt the author and editor.

Chapter Two
INCRIMINATORY
MACHINATIONS

Art. 363. Incriminating innocent persons

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

Art. 364. Intriguing against honor

1) Offender disseminates any intrigue; and
2) Its principal purpose is to blemish the honor or reputation of a person.

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 Title Fourteen
QUASI-OFFENSES

Sole Chapter
CRIMINAL NEGLIGENCE

Art. 365. Imprudence and negligence

Punishable acts:
1) Committing through reckless imprudence any act which, had it been
intentional, would constitute a grave or less grave felony or light
felony;
2) Committing through simple imprudence or negligence an act which
would otherwise constitute a grave or a less serious felony;
3) Causing damage to the property of another through reckless
imprudence or simple imprudence or negligence; and
4) Causing through simple imprudence or negligence some wrong
which, if done maliciously, would have constituted a light felony.

NOTE: Imprudence or negligence is not a crime itself. It is simply a way of

committing a crime.

Elements of reckless imprudence:

1) Offender does or fails to do an act;
2) The doing of or the failure to do that act is voluntary;
3) It be without malice;
4) Material damage results; and
5) There is an inexcusable lack of precaution on the part of the person
performing or failing to perform such act taken into consideration:
a) Employment or occupation;
b) Degree of intelligence;
c) Physical condition; and
d) Other circumstances regarding persons, time and place.
Elements of simple imprudence:
1) There is lack of precaution on the part of the offender; and
2) Damage impending to be caused is not immediate nor the danger
clearly manifested.

NOTE: Article 64, concerning mitigating and aggravating circumstances, does not
apply to crimes committed through negligence.

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