Somera, BL - Elements-Crimlaw2

DON HONORIO VENTURA STATE UNIVERSITY - SCHOOL OF LAW
CRIMINAL LAW 2
IN PARTIAL FULFILLMENT OF THE REQUIREMENTS OF

CRIMINAL LAW 2
SUBMITTED TO:
ACP BENEDICT R. PICHAY III

PROFESSOR
SUBMITTED BY:
BANJO LIM SOMERA
2nd Semester, School Year 2023-2024

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TABLE OF CONTENTS
Title Page........................................................................................................i
Table of Contents...........................................................................................ii
TITLE ONE. CRIMES AGAINST NATIONAL SECURITY

AND THE LAW OF NATIONS
Crimes Against National Security:

Section One: Treason and Espionage
Treason (Art. 114)......................................................................................1
Conspiracy and Proposal to Commit Treason (Art. 115)...........................4
Misprision of Treason (Art. 116)...............................................................5
Espionage (Art. 117)..................................................................................5
Commonwealth Act 616............................................................................6
Section Two: Provoking War and Disloyalty in Case of War

Inciting to War or Giving Motives for Reprisals (Art. 118)......................8
Violation of Neutrality (Art. 119)..............................................................9
Corresponding with Hostile Country (Art. 120)........................................9
Flight to Enemy's Country (Art. 121)........................................................10
Section Three: Piracy and Mutiny in the High Seas or in Philippine Waters
Piracy in General and Mutiny on the High Seas (Art. 122).......................10
PD 532 - Anti-Piracy and Anti-Highway Robbery Law of 1974...............11
Qualified Piracy (Art. 123)........................................................................12
RA 6235 – Anti Hijacking Law.................................................................12
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
Section One: Arbitrary Detention and Expulsion
Arbitrary Detention (Art. 124)...................................................................14
Delay in the Delivery of Detained Persons to the
Proper Judicial Authorities (Art. 125)........................................................15
Delaying Release (Art. 126).......................................................................17
Expulsion (Art. 127)...................................................................................17
Section Two: Violation of Domicile

Violation of Domicile (Art. 128)...............................................................18
Search Warrants Maliciously Obtained and Abuse in
CRIMINAL LAW BOOK 2

Compiled by BL Somera
Don Honorio Ventura State University - School of Law SY 2023-2024
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the Service of Those Legally Obtained (Art. 129).....................................19

Searching Domicile Without Witnesses (Art. 130)....................................20
Section Three: Prohibition, Interruption, and Dissolution of Peaceful Meetings

Prohibition, Interruption, and
Dissolution of Peaceful Meetings (Art. 131).............................................21
Interruption of Religious Worship (Art. 132)............................................22
Offending the Religious Feelings (Art. 133)..............................................22
TITLE THREE. CRIMES AGAINST PUBLIC ORDER
CHAPTER ONE: REBELLION, COUP D’ETAT, SEDITION AND

DISLOYALTY
Rebellion or Insurrection (Art. 134)...........................................................24
Coup d’etat (Art. 134-A)............................................................................25
Penalty for Rebellion or Insurrection or Coup d’etat (Art. 135)................26
Conspiracy and Proposal to Commit Rebellion (Art. 136)........................27
Disloyalty to Public Officers or Employees (Art. 137)..............................27
Inciting to Rebellion (Art. 138)..................................................................27
Sedition (Art. 139).....................................................................................28
Penalty for Sedition (Art. 140)...................................................................29
Conspiracy to Commit Sedition (Art. 141)................................................29
Inciting to Sedition (Art. 142)....................................................................29
CHAPTER TWO: CRIMES AGAINST POPULAR REPRESENTATION

Section One: Crimes Against Legislative Bodies and Similar Bodies
Acts Tending to Prevent the Meeting
of Congress and Similar Bodies (Art. 143)................................................31
Disturbance of Proceedings of Congress or Similar Bodies (Art. 144).....31
Section Two: Violation of Parliamentary Immunity

Violation of Parliamentary Immunity (Art. 145).......................................31
CHAPTER THREE: ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Illegal Assemblies (Art. 146).....................................................................33
Illegal Associations (Art. 147)...................................................................34
CHAPTER FOUR: ASSAULT UPON, AND RESISTANCE

AND DISOBEDIENCE TO PERSONS IN AUTHORITY
AND THEIR AGENTS
Direct Assaults (Art. 148)..........................................................................35
Indirect Assaults (Art. 149)........................................................................37
Disobedience to Summons Issued by Congress, Its Committees, etc.,
by the Constitutional Commissions, Its Committees, etc. (Art. 150)........38
Resistance and Disobedience to a Person in Authority
or the Agents of Such Person (Art. 151)....................................................38
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CHAPTER FIVE: PUBLIC DISORDERS

Persons in Authority and Agents of Persons in Authority (Art. 152)........39
Tumults and Other Disturbances of Public Order (Art. 153).....................39
Unlawful Use of Means of Publication
and Unlawful Utterances (Art. 154)...........................................................40
Alarms and Scandals (Art. 155).................................................................41
Delivering Prisoners from Jails (Art. 156).................................................42
CHAPTER SIX: EVASION OF SERVICE OF SENTENCE

Evasion of Service of Sentence (Art. 157).................................................43
Evasion on Occasion of Disorders (Art. 158)............................................43
Violation of Conditional Pardon (Art. 159)...............................................44
CHAPTER SEVEN: COMMISSION OF ANOTHER CRIME DURING

SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS
OFFENSE
Commission of Another Crime During Service
of Penalty Imposed for Another Previous Offense (Art. 160)...................45
TITLE FOUR. CRIMES AGAINST PUBLIC INTEREST
CHAPTER ONE: FORGERIES

Section One: Forging the Seal of the Government of the Philippine Islands
Forging the Signature or Stamp of the Chief Executive
Counterfeiting the Great Seal of the Government
of the Philippine Islands, Forging the Signature
or Stamp of the Chief Executive (Art. 161)...............................................46
Using Forged Signature or Counterfeiting Seal or Stamp (Art. 162)........46
Section Two: Counterfeiting Coins

Making and Importing and Uttering False Coins (Art. 163)......................46
Mutilation of Coins, Importation and
Uttering of Mutilated Coins (Art. 164)......................................................47
Selling of False or Mutilated Coins, Without Connivance (Art. 165).......47
Section Three: Forging Treasury or Bank Notes, Obligations and Securities;

Importing and Uttering False or Forged Notes, Obligations and Securities
Forging Treasury or Bank Notes or Other Documents Payable
to Bearer, Importing and Uttering of Such False or
Forged Notes and Documents (Art. 166)...................................................48
Counterfeiting, Importing and Uttering Instruments
Not Payable to Bearer (Art. 167)...............................................................49
Illegal Possession and Use of Forged Treasury or
Bank Notes and Other Instruments of Credit (Art. 168)............................49
How Forgery is Committed (Art. 169).......................................................50
Anti Money Laundering Act RA 9194.......................................................50
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Section Four: Falsification of Legislative, Public, Commercial, and private

documents and Wireless, Telegraph and Telephone Messages
Falsification of Legislative Documents (Art. 170)....................................52
Falsification by Public Officer, Employee, or Notary (Art. 171)..............52
Falsification by Private Individuals and
Use of Falsified Documents (Art. 172)......................................................55
Falsification of Wireless, Cable, Telegraph, and Telephone
Messages and Use of Said Falsified Messages (Art. 173).........................57
Section Five: Falsification of medical certificates,

certificates of merit or services and the like.
False Medical Certificates, False Certificates
of Merit or Service (Art. 174)....................................................................57
Using False Certificates (Art. 175)............................................................58
Section Six. — Manufacturing, importing and possession of instruments or

implements intended for the commission of falsification
Manufacturing and Possession of Instruments
or Implements for Falsification (Art. 176).................................................58
CHAPTER TWO: OTHER FALSIFICATIONS

Section One: Usurpation of authority, rank, title, and improper use of names,
uniforms and insignia.
Usurpation of Authority or Official Functions (Art. 177)..........................59
Using Fictitious Name and Concealing True Name (Art. 178).................60
COMMONWEALTH ACT NO. 142, as amended by
REPUBLIC ACT NO. 6085.......................................................................60
An Act Regulating the Use of Aliases
Illegal Use of Uniforms or Insignia (Art. 179)..........................................61
Section Two: False Testimony

False Testimony Against a Defendant (Art. 180)......................................62
False Testimony Favorable to the Defendant (Art. 181)............................62
False Testimony in Civil Cases (Art. 182).................................................63
False Testimony in Other Cases and Perjury (Art. 183)............................63
Offering False Testimony in Evidence (Art. 184).....................................64
CHAPTER THREE: FRAUDS

Section One: Machinations, monopolies and combinations
Machinations in Public Auction (Art. 185)................................................65
Monopolies and Combinations in Restraint of Trade (Art. 186)...............66
Importation and Disposition of Falsely Marked Articles
or Merchandise Made of Gold, Silver, or
Other Precious Metals or Their Alloys (Art. 187).....................................66
REPUBLIC ACT NO. 8293 Intellectual Property Code...........................67
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REPUBLIC ACT NO. 455 Law on Smuggling.........................................69
TITLE FIVE. CRIMES RELATIVE TO OPIUM and OTHER

PROHIBITED DRUGS
REPUBLIC ACT NO. 9165 - Comprehensive Dangerous Drugs Act

of 2002 (Repealing RA No. 6425, otherwise known as the Dangerous
Drugs Act of 1972).........................................................................................70
TITLE SIX. CRIMES AGAINST PUBLIC MORALS
CHAPTER TWO: OFFENSES AGAINST DECENCY AND GOOD

CUSTOMS
Grave Scandal (Art. 200)...........................................................................80
Immoral Doctrines, Obscene Publications, and Exhibitions (Art. 201).....81
Prostitution (Art. 202)................................................................................83
TITLE SEVEN. CRIMES COMMITTED BY PUBLIC OFFICERS
CHAPTER ONE: PRELIMINARY PROVISIONS

Who Are Public Officers............................................................................84
CHAPTER TWO: MALFEASANCE AND MISFEASANCE IN OFFICE
Section One. — Dereliction of Duty
Knowingly Rendering Unjust Judgment (Art. 204)...................................84
Judgment Rendered Through Negligence (Art. 205).................................85
Unjust Interlocutory Order (Art. 206)........................................................85
Malicious Delay in the Administration of Justice (Art. 207).....................86
Prosecution of Offenses Negligence and Tolerance (Art. 208).................86
Betrayal of Trust by an Attorney or Solicitor –
Revelation of Secrets (Art. 209).................................................................87
Section Two. — Bribery

Direct Bribery (Art. 210)............................................................................88
Indirect Bribery (Art. 211).........................................................................89
Qualified Bribery (Art. 211-A)..................................................................90
Corruption of Public Officials (Art. 212)...................................................90
REPUBLIC ACT NO. 3019 - Graft and Corrupt Practices Act................91
REPUBLIC ACT NO. 7080 - ANTI-PLUNDER ACT.............................96
CHAPTER THREE: FRAUDS AND ILLEGAL EXACTIONS AND

TRANSACTIONS
Frauds Against the Public Treasury and Similar Offenses (Art. 213).......98
Other Frauds (Art. 214)..............................................................................99
Prohibited Transactions (Art. 215).............................................................99
Possession of Prohibited Interest by a Public Officer (Art. 216)...............100
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Chapter Four: MALVERSATION OF PUBLIC FUNDS OR PROPERTY

Presumption of Malversation (Art. 217)....................................................101
Failure of Accountable Officer to Render Accounts (Art. 218).................103
Failure of a Responsible Public Officer to Render Accounts
Before Leaving the Country (Art. 219)......................................................103
Illegal Use of Public Funds or Property (Art. 220)....................................103
Failure to Make Delivery of Public Funds or Property (Art. 221).............104
CHAPTER FIVE: INFIDELITY OF PUBLIC OFFICERS

Section One. — Infidelity in the custody of prisoners
Conniving with or Consenting to Evasion (Art. 223)................................105
Evasion Through Negligence (Art. 224)....................................................105
Escape of Prisoner Under the Custody of a Person
Not a Public Officer (Art. 225)..................................................................106
Section Two. — Infidelity in the custody of document

Removal, Concealment, or Destruction of Documents (Art. 226).............106
Officer Breaking Seal (Art. 227)................................................................107
Opening of Closed Documents (Art. 228).................................................107
Section Three. — Revelation of secrets

Revelation of Secrets by an Officer (Art. 229)..........................................108
Public Officer Revealing Secrets of Private Individual (Art. 230)............109
CHAPTER SIX: OTHER OFFENSES OR IRREGULARITIES BY PUBLIC

OFFICERS
Open Disobedience (Art. 231)...................................................................109
Disobedience to Order of Superior Officer When Said Order
Was Suspended by Inferior Officer (Art. 232)...........................................109
Refusal of Assistance (Art. 233)................................................................110
Refusal to Discharge Elective Office (Art. 234)........................................110
Maltreatment of Prisoners (Art. 235).........................................................110
REPUBLIC ACT N0. 9745 - Anti-Torture Act of 2009............................111
Section Two. — Anticipation, prolongation, and abandonment of the duties and

powers of public office.
Anticipation of Duties of a Public Office (Art. 236).................................113
Prolonging Performance of Duties and Powers (Art. 237)........................113
Abandonment of Office or Position (Art. 238)..........................................113
Section Three. — Usurpation of powers and unlawful appointments

Usurpation of Legislative Powers (Art. 239).............................................114
Usurpation of Executive Functions (Art. 240)...........................................114
Usurpation of Judicial Functions (Art. 241)..............................................114
Disobeying Request for Disqualification (Art. 242)..................................115
Orders or Requests by Executive Officers to
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Any Judicial Authority (Art. 243)..............................................................115

Unlawful Appointments (Art. 244)............................................................115
Section Four. — Abuses against chastity

Abuses Against Chastity (Art. 245)...........................................................115
TITLE EIGHT. CRIMES AGAINST PERSONS
CHAPTER ONE: DESTRUCTION OF LIFE

Section One. — Parricide, murder, homicide
Parricide (Art. 246)....................................................................................117
Death or Physical Injuries Inflicted Under Exceptional Circumstances....118
Murder (Art. 248).......................................................................................119
Homicide (Art. 249)...................................................................................120
Death Caused in a Tumultuous Affray (Art. 251)......................................121
Physical Injuries Inflicted in a Tumultuous Affray (Art. 252)...................122
Giving Assistance to Suicide (Art. 253).....................................................122
Discharge of Firearms (Art. 254)...............................................................123
Section Two. — Infanticide and abortion.

Infanticide (Art. 255)..................................................................................123
Intentional Abortion (Art. 256)..................................................................124
Unintentional Abortion (Art. 257).............................................................125
Abortion Practiced by the Woman Herself or by Her Parents (Art. 258) 126
Abortion Practiced by a Physician or Midwife
and Dispensing of Abortives (Art. 259).....................................................126
Section Three. — Duel

Duel (Art. 260)...........................................................................................127
Challenging to a Duel (Art. 261)................................................................128
CHAPTER TWO: PHYSICAL INJURIES

Mutilation (Art. 262)..................................................................................128
Serious Physical Injuries (Art. 263)...........................................................129
Administering Injurious Substances or Beverages (Art. 264)....................131
Less Serious Physical Injuries (Art. 265)...................................................132
Slight Physical Injuries and Maltreatment (Art. 266)................................133
Anti Hazing Law........................................................................................133
REPUBLIC ACT NO. 9262 ANTI-VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN ACT OF 2004................................135
CHAPTER III: RAPE

THE ANTI-RAPE LAW (RA 8353) (Art. 266-A)....................................137
People v. Tulagan (G.R. No. 227363) Designation
of the Crime and Imposable Penalty..........................................................140
Qualified Rape (Art. 266-B)......................................................................141
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Effect of Pardon (Art. 266-C)....................................................................141

Presumptions (Art. 266-D).........................................................................142
TITLE NINE. CRIMES AGAINST PERSONAL LIBERTY AND

SECURITY
CHAPTER ONE: CRIMES AGAINST LIBERTY

Kidnapping and Serious Illegal Detention (Art. 267)................................143
Slight Illegal Detention (Art. 268).............................................................145
Unlawful Arrest (Art. 269).........................................................................146
Section Two. — Kidnapping of minors

Kidnapping and Failure to Return a Minor (Art. 270)...............................147
Inducing a Minor to Abandon His Home (Art. 271)..................................148
Section Three. — Slavery and Servitude

Slavery (Art. 272).......................................................................................148
Exploitation of Child Labor (Art. 273)......................................................148
Services Rendered Under Compulsion in Payment of Debts (Art. 274)....149
CHAPTER TWO: CRIMES AGAINST SECURITY

Section One. — Abandonment of helpless persons and exploitation of minors.
Abandonment of Persons in Danger
and Abandonment of One's Own Victim (Art. 275)..................................149
Abandoning a Minor (Art. 276).................................................................150
Abandonment of Minor by Person Entrusted with His Custody
Indifference of Parents (Art. 277)..............................................................151
Exploitation of Minors (Art. 278)..............................................................151
Additional Penalties for Other Offenses....................................................152
Section Two. — Trespass to dwelling

Trespass to Dwelling (Art. 280).................................................................152
Other Forms of Trespass (Art. 281)...........................................................154
Section Three. — Threats and coercion

Grave Threats (Art. 282)............................................................................154
Light Threats (Art. 283).............................................................................156
Other Light Threats (Art. 285)...................................................................157
Grave Coercions (Art. 286)........................................................................157
Light Coercions (Art. 287).........................................................................159
Other Similar Coercions (Art. 288)............................................................159
CHAPTER THREE: DISCOVERY AND REVELATION OF SECRETS

Formation, Maintenance and Prohibition of Combination
of Capital or Labor Through Violence or Threats (Art. 289).....................160
Discovering Secrets Through Seizure of Correspondence (Art. 290)........161
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Revealing Secrets with Abuse of Office (Art. 291)...................................162

Revealing of Industrial Secrets (Art. 292).................................................162
TITLE TEN. CRIMES AGAINST PROPERTY
CHAPTER ONE: ROBBERY IN GENERAL

Who are Guilty of Robbery........................................................................163
Section One. — Robbery with Violence Against or Intimidation of Persons

Robbery with Violence Against or Intimidation of Persons (Art. 294).....165
Attempted and Frustrated Robbery Committed
Robbery with Physical Injuries, Committed in an
Uninhabited Place and by a Band or with the
Use of Firearm on a Street, Road or Alley (Art. 295)................................169
Definition of a Band and Penalty Incurred by
the Members Thereof (Art. 296)................................................................169
Attempted and Frustrated Robbery Committed under
Certain Circumstances (Art. 297)..............................................................171
Execution of Deeds by Means of Violence or Intimidation (Art. 298)......171
Section Two. — Robbery by the use of force upon things

Robbery in an Inhabited House or Public Building
or Edifice Devoted to Worship (Art. 299).................................................171
Robbery in an Uninhabited Place and by a Band (Art. 300)......................173
What is an Inhabited House, Public Building or Building
Dedicated to Religious Worship and their Dependencies (Art. 301).........173
Robbery in an Inhabited Place or in a Private Building (Art. 302)............173
Possession of Picklocks or Similar Tools (Art. 304).................................174
False Keys (Art. 305).................................................................................175
CHAPTER TWO: BRIGANDAGE
PRESIDENTIAL DECREE 532................................................................175

Brigandage (Art. 306)................................................................................177
Aiding and Abetting a Band of Brigands (Art. 307)..................................177
CHAPTER THREE: THEFT

Theft (Art. 308)..........................................................................................178
Penalties (Art. 307)....................................................................................179
Qualified Theft (Art. 310)..........................................................................179
ANTI CARNAPPING ACT of 1972 (R.A. 6539).....................................180
CATTLE RUSTLING LAW of 1974 (P.D. 533)......................................181
LAW ON ILLEGAL FISHING (P.D. 534)...............................................181
HIGHGRADING” OR THEFT OF GOLD (P.D. 581).............................181
ANTI – FENCING LAW (P.D. 1612).......................................................182
PRESIDENTIAL DECREE NO. 401 - Penalizing the
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Unauthorized Installation of Water, Electrical or Telephone

Connections, the Use of Tampered Water or Electrical
Meters, and other Acts...............................................................................183
Penalizing Timber Smuggling or Illegal Cutting of Logs from Public
Forests And Forest Reserves As Qualified Theft (P.D. NO. 330).............183
P.D. NO. 705 Revising Presidential Decree No. 389, Otherwise Known
as the Forestry Reform Code of The Philippines......................................183
Theft of the Property of the National Library and
National Museum (Art. 311)......................................................................184
CHAPTER FOUR: USURPATION

Occupation of Real Property or Usurpation of
Real Rights in Property (Art. 312).............................................................184
Altering Boundaries or Landmarks (Art. 313)...........................................185
CHAPTER FIVE: CULPABLE INSOLVENCY

Fraudulent Insolvency (Art. 314)...............................................................185
CHAPTER SIX: SWINDLING AND OTHER DECEITS

Swindling (Art. 315)..................................................................................186
ILLEGAL RECRUITMENT Under the Migrant Workers Act.................190
BOUNCING CHECKS LAW (B.P. Blg. 22)............................................192
Other Forms of Swindling (Art. 316).........................................................195
Swindling a Minor (Art. 317).....................................................................197
Other Deceits (Art. 318).............................................................................197
REPUBLIC ACT NO. 8484
Access Devices Regulation Act of 1998....................................................198
CHAPTER SEVEN: CHATTEL MORTGAGE

Removal, Sale, or Pledge of Mortgaged Property (Art. 319)....................201
CHAPTER EIGHT: ARSON AND OTHER CRIMES INVOLVING

DESTRUCTIONS
ARTICLE 320 326-B REPEALED BY PD 1613
PD 1613 – AMENDING THE LAW ON ARSON....................................202
CHAPTER NINE: MALICIOUS MISCHIEF

Malicious Mischief (Art. 327)....................................................................205
Special Case of Malicious Mischief (Art. 328)..........................................205
Other Mischiefs (Art. 329).........................................................................206
Damage and Obstruction to Means of Communication (Art. 330)............206
Destroying or Damaging Statues,
Public Monuments, or Paintings (Art. 331)...............................................206
Chapter Ten: EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES

AGAINST PROPERTY
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Persons Exempt from Criminal Liability (Art. 332)..................................206
TITLE ELEVEN. CRIMES AGAINST CHASTITY
CHAPTER ONE: ADULTERY AND CONCUBINAGE

Adultery (Art. 333).....................................................................................208
Concubinage (Art. 334)..............................................................................209
ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009....................210
CHAPTER TWO: RAPE AND ACTS OF LASCIVIOUSNESS

Acts of Lasciviousness (Art. 336)..............................................................210
Sec 5(b) of RA 7610 as amended by RA 11648........................................211
CHAPTER THREE SEDUCTION, CORRUPTION OF MINORS AND

WHITE SLAVE TRADE
Qualified Seduction (Art. 337, as amended by RA 11648).......................213
Simple Seduction (Art. 338 as amended by RA 11648)............................214
Acts of Lasciviousness with the
Consent of the Offended Party (Art. 339)..................................................214
ANTI-SEXUAL HARRASMENT ACT (R.A. No. 7877)........................215
Corruption of Minors (Art. 340)................................................................215
White Slave Trade (Art. 341).....................................................................216
CHAPTER FOUR: ABDUCTION

Forcible Abduction (Art. 342)....................................................................217
Consented Abduction (Art. 343)................................................................217
CHAPTER FIVE: PROVISIONS RELATIVE TO THE PRECEDING

CHAPTERS OF TITLE ELEVEN
Prosecution of the crimes of adultery, concubinage,
seduction, abduction, rape and acts of lasciviousness (Art. 344)...............218
Civil liability of persons guilty of crimes against chastity (Art. 345)........219
Liability of ascendants, guardians, teachers, or other
persons entrusted with the custody of the offended party (Art. 346).........219
TITLE TWELVE. CRIMES AGAINST THE CIVIL STATUS OF

PERSONS
CHAPTER ONE: SIMULATION OF BIRTHS AND USURPATION OF

CIVIL STATUS
Simulation of Births, Substitution of One Child for Another,
and Concealment or Abandonment of a Legitimate Child (Art. 347)........221
Usurpation of Civil Status (Art. 348).........................................................222
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CHAPTER TWO: ILLEGAL MARRIAGES

Bigamy (Art. 349)......................................................................................222
Marriage Contracted Against Provisions of Law (Art. 350)......................223
Premature Marriages (Art. 351).................................................................224
Performance of Illegal Marriage Ceremony (Art. 352).............................224
TITLE THIRTEEN. CRIMES AGAINST HONOR
CHAPTER ONE: LIBEL

Section One. — Definitions, forms, and punishment of this crime.
Definition of Libel (Art. 353).....................................................................225
Requirement for Publicity (Art. 354).........................................................226
THE ANTI-WIRE TAPPING ACT (R.A. No. 4200)................................227
Libel by Means of Writings or Similar Means (Art. 355)..........................228
Threatening to Publish and Offer to
Prevent Such Publication for Compensation (Art. 356).............................229
Prohibited Publication of Acts Referred to in the
Course of Official Proceedings (Art. 357).................................................229
Slander (Art. 358).......................................................................................230
Slander by Deed (Art. 359)........................................................................230
Section Two. — General Provisions

Persons responsible (Art. 360)...................................................................231
Proof of Truth (Art. 361)............................................................................231
Libelous Remarks (Art. 362)......................................................................232
ADMINISTRATIVE CIRCULAR No. 08-2008
GUIDELINES IN THE OBSERVANCE OF A RULE OF
PREFERENCE IN THE IMPOSITION OF PENALTIES
IN LIBEL CASES......................................................................................232
CHAPTER TWO: INCRIMINATORY MACHINATIONS

Incriminating Innocent Person (Art. 363)..................................................233
Intriguing Against Honor (Art. 364)..........................................................233
TITLE FOURTEEN. QUASI-OFFENSES
SOLE CHAPTER: CRIMINAL NEGLIGENCE

Imprudence and negligence (Art. 365).......................................................234
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Title One: Crimes Against National Security and Law of Nations
SECTION ONE: TREASON AND ESPIONAGE
ARTICLE 114
TREASON
Treason
It is a breach of allegiance to a government, committed by a person who owes
allegiance to it.
Allegiance
It is the obligation of fidelity and obedience which the individual owes to the
government under which he lives or to his sovereign, in return for the
protection he receives. Hence, an alien residing in the Philippines may be
prosecuted for acts of treason due to the temporary allegiance he owes to the
Philippine government.
Elements of treason:
1. That the offender owes allegiance to the Government of the Philippines; (a
Filipino citizen or an alien residing in the Philippines).
Place of commission:
Filipino Citizen: Anywhere (Art.2, RPC) since he owes permanent
allegiance which consists in the obligation of fidelity and obedience which a
citizen or subjects owes to his government or sovereign.
Alien: Only in the Philippines (EO No. 44) except in case of conspiracy.
An alien owes permanent allegiance to his own country, at the same time, a
temporary allegiance to the country where he resides. Temporary allegiance
is the obligation of fidelity & obedience which an alien owes to the
government of the country where he resides.
2. That there is a war in which the Philippines is involved; Treason is a war

crime. It remains dormant until the emergency arises.
But as soon as war starts, it is put into effect (Laurel vs. Misa, G.R. No. L-
200 March 28, 1946).
3. That the offender either (modes of committing):

Levies war against the government; or
Adheres to the enemies, giving them aid or comfort.
Ways of being committed: Levying war
Requisites:
That there is an actual assembling of men; and
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For the purpose of executing a treasonable design by force.

It is not necessary that there be a formal declaration of the existence of a state
of war. Actual hostilities may determine the date of the commencement of war
(U.S. vs Lagnason, G.R. No. 1582. March 28, 1904).
The levying of war must be with intent to overthrow the Requisites:

a. That there is an actual assembling of men; and
b. For the purpose of executing a treasonable design by force.
It is not necessary that there be a formal declaration of the existence of a state
of war. Actual hostilities may determine the date of the commencement of war
(U.S. vs Lagnason, G.R. No. 1582. March 28, 1904).
The levying of war must be with intent to overthrow the government not
merely to resist a particular statute or to repel a particular officer. It is not
necessary that those attempting to overthrow the government by force of arms
should have the apparent power to succeed in their design, in whole or in part.
Adherence to the enemies, giving them aid and comfort

Requisites:
Adherence to the enemies, AND
Giving of aid or comfort to them.
Note: Mere adherence without its physical manifestation through the giving of
aid or comfort is not sufficient to constitute treason. Both adherence and the
giving of aid or comfort to the enemy must concur.
The term “enemy” applies only to the subjects of a foreign power in a state of
hostility with the traitor’s country. It does not embrace rebels in insurrection
against their own country, for in that case the crime would be rebellion.
The act committed need not actually strengthen the enemy or be successful.
However, the act must be such that it directly and materially tends to improve
the conduct of war of the enemy.
Treason Sedition
Philippines must be at war with Internal conflict
another country.
Violation of oath of allegiance Causing disturbances in one’s
country.
The purpose of levying war is to help Such purpose is not necessary. (e.g.
the enemy civil uprising
“Adherence to enemy”
It means that there is intent to betray. The accused intellectually or emotionally
favors the enemy and harbors sympathies or convictions disloyal to his
country’s policy or interest.
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“Rendering aid or comfort”

It means an act which strengthens or tends to strengthen the enemy in the
conduct of war against the traitor’s country or any act which weakens or tends
to weaken the power of the traitor’s country to resist or to attack the enemy.
Extent of aid or comfort – it must be a deed or physical activity and not merely
a mental operation such as acts furnishing the enemy with arms, troops,
supplies, information, or means of transportation.
The extent of aid and comfort given to the enemies must be to render assistance
to them as enemies and not merely as individuals and, in addition, be directly in
furtherance of the enemies’ hostile designs.
Giving information to (People vs. Paar, G.R. No. L- 2318, March 31, 1950), or
commandeering foodstuffs (People vs. Mangahas, 93 Phil 113) for the enemy
is evidence of both adherence and aid or comfort.
It is not essential that the effort to aid be successful, provided overt acts are
done which if successful would advance the interest of the enemy (People vs.
Alarcon, G.R. No. L-407, July 28, 1947)
Commandeering of women to satisfy the lust of the enemy is not treason.
Adherence may be proved:

By one witness;
From the nature of the act itself; or
From the circumstances surrounding the act.
Ways of proving Treason (overt act):
Testimony of two witnesses, at least, to the same overt act (two-witness rule);
or
The testimonies must refer to the same act, place and moment of time.
If the overt act is separable, two witnesses must also testify to each part of the
overt act.
It is sufficient that the witnesses are uniform in their testimony on the overt act.
It is not necessary that there be corroboration between them.
Confession of guilt by the accused in open court.
Treason absorbs crimes committed in furtherance thereof. Treason cannot be

complexed with other crimes.
Treason is a CONTINUOUS OFFENSE. Treason is of such nature that it may

be committed by one single act, by series of acts, or by several series thereof,
not only in a single time, but in different times, it being a continuous crime
(People vs. Victoria, G.R. No. L-369, March 13, 1947).
CRIMINAL LAW BOOK 2

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Allowed:
Duress and fear of immediate death.
Obedience to a de facto government (Mere acceptance of public office
and discharge of official duties under the enemy do not constitute per se the
felony of treason. BUT when the position is policy-determining, the acceptance
of public office and the discharge of official duties constitute treason).
NOT allowed:
Suspended allegiance (since sovereignty is not suspended in times of
war, only the exercise thereof is suspended).
Change in sovereignty
Loss of citizenship by joining the army of the enemy.
There is no treason thru negligence. The overt act of giving aid or comfort to
the enemy must be intentional.
Circumstances inherent in treason: treachery, abuse of superior strength and

evident premeditation.
Circumstances aggravating in treason: ignominy, cruelty, amount or degree of

aid, gravity of separate distinct acts of treason.
ARTICLE 115
CONSPIRACY & PROPOSAL TO COMMIT TREASON
Conspiracy to commit treason

Committed when in time of war, two or more persons come to an agreement to
levy war against the Government or to adhere to the enemies and to give them
aid or comfort and decide to commit it (Arts. 8 and 114).
Proposal to commit treason

Committed when in time of war a person who has decided to levy war against
the Government or to adhere to the enemies and to give them aid or comfort,
proposes its execution to some other person or persons (Arts. 8 and 114).
As a general rule, conspiracy and proposal to commit a felony are not

punishable (Article 8). Art 115 is an exception as it specifically penalizes
conspiracy and proposal to commit treason.
The reason for the provision is that in treason, the very existence of the state is
endangered.
The two-witness rule does NOT apply because this is a separate and distinct
offense from that of treason.
These felonies are absorbed if treason is actually committed.
CRIMINAL LAW BOOK 2

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ARTICLE 116
MISPRISION OF TREASON
Elements:
That the offender is a citizen of the Philippines, and not a foreigner;
That he has knowledge of any conspiracy against the Government;
That the conspiracy is one to commit treason; and
That he conceals or does not disclose and make known the same as soon as
possible to the proper authority.
Art. 116 does NOT apply when treason is already committed and the accused
does not report its commission.
Art 116 is an EXCEPTION to the rule that mere silence does not make a
person criminally liable.
The phrase “shall be punished as an accessory to the crime of treason,”

mentioned in the provision, does not mean that the offender is, legally speaking,
an accessory to the crime of treason because he is already a principal in
the crime of misprision of treason. It simply means that the penalty imposed is
that of an accessory to the crime of treason.
But the offender in Article 116 is a principal in the crime of misprision of

treason. Misprision of treason is a separate and distinct offense from the crime
of treason.
ARTICLE 117
ESPIONAGE
Espionage
The offense of gathering, transmitting, or losing information respecting the
national defense with intent or reason to believe that the information is to be
used to the injury of the Republic of the Philippines or to the advantage of a
foreign nation.
Two ways of committing:

1. By entering, without authority, a warship, fort, or military or naval
establishment or reservation to obtain any information, plans, photographs,
or other data of confidential nature relative to the defense of the Philippines.
Elements:
 That the offender enters any of the places mentioned therein;
 That he has no authority therefor; and
 That his purpose is to obtain information, plans, photographs or other
data of a confidential nature relative to the defense of the Philippines.
Offender must have the intention to obtain information relative to the defense
of the Philippines.
However, it is not necessary that the information is actually obtained.
CRIMINAL LAW BOOK 2

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Person liable is any person (citizen or foreigner; private individual or public

officer).
2. By disclosing to the representative of a foreign nation the contents of the

articles, data or information referred to in the preceding paragraph, which
he had in his possession by reason of the public office he holds.
Elements:
 That the offender is a public officer;
 That he has in his possession the articles, data or information referred to
in par. 1 of Art. 117, by reason of the public office he holds; and
 That he discloses their contents to a representative of a foreign nation.
COMMONWEALTH ACT NO. 616

An Act to Punish Espionage and Other Offenses Against National Security
Acts Punished:
Unlawfully obtaining or permitting to be obtained information affecting
national defense.
Ways of Violating Sec. 1:

By going upon, entering, flying over or otherwise obtaining information
concerning any vessel, aircraft, work of defense or other place connected with
the national defense or any other place where any vessels, aircrafts, arms,
munitions or other materials for use in time of war are being made, or stored,
for the purpose of obtaining information respecting national defense, with
intent to use it to the injury of the Philippines or to the advantage of any
foreign nation.
By copying, taking, making or attempting or inducing or aiding another
to copy, take, make or obtain any sketch, photograph, photographic negative,
blueprint, plan, map instrument, appliance, document, writing or note of
anything connected with the national defense, for the same purpose and with
like intent as in par. A.
By receiving or obtaining or agreeing or attempting or inducing or
aiding another to receive or obtain from any sources any of those data
mentioned in par. B, code book or signal book, knowing that it will be obtained
or disposed of by any person contrary to the provisions of this act.
By communicating or transmitting, or attempting
to communicate or transmit to any person not entitled to receive it, by willfully
retaining and failing to deliver it on demand to any officer or employee entitled
to receive it, the offender being in possession of, having access to, control over,
or being entrusted with any of the data mentioned in par. B, or code book or
signal book.
By permitting, through gross negligence, to be removed from its proper
place or custody or delivered to anyone in violation of his trust, or to be lost,
stolen, abstracted or destroyed any of the data mentioned in par B, code book
CRIMINAL LAW BOOK 2

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or signal book, the offender being entrusted with or having lawful possession
or control of the same.
Unlawfully disclosing information affecting national defense.
Ways of violating Sec. 2:

By communicating, delivering or transmitting or
attempting or aiding or inducing another to do it, to any foreign government or
any faction or party or military or naval force within a foreign country, whether
recognized or unrecognized by the Philippines, or to any representative, officer,
employee, subject or citizen thereof, any of the data mentioned in par. B of Sec.
1 hereof, code book or signal book.
In time of war, by collecting, recording, publishing or communicating or
attempting to elicit any information with respect to the movement, number,
description, condition, or disposition of any of the armed forces, ships, aircraft,
or war materials of the Philippines, or with respect to the plans or conduct of
any military, naval or air operations or with respect to any works or measures
undertaken for the fortification or defense of any place, or any other
information relating to the public defense, which might be useful to the enemy.
Disloyal acts or words in time of peace. Ways of violating Sec. 3:

By advising, counseling, urging or in any other manner by causing
insubordination, disloyalty, mutiny or refusal of duty of any member of the
military, naval or air forces of the Philippines.
By distributing any written or printed matter which advises, counsels, or
urges such insubordination, disloyalty, mutiny, or refusal of duty.
Disloyal acts or words in time of war. Ways of violating Sec. 4:

By willfully making or conveying false reports or false statements with
intent to interfere with the operations or success of the Armed Forces of the
Philippines.
To promote the success of its enemies, by willfully causing or
attempting to cause insubordination, disloyalty, mutiny or refusal of duty in the
Armed Forces of the Philippines.
By willfully obstructing the recruiting or enlistment service.
Conspiracy to commit the preceding acts.

Requisites:
Two or more persons conspire to violate the provisions of Sec. 1, 2, 3 or
4 of this Act; and
One or more of such persons do any act to effect the object of the
conspiracy.
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Harboring or concealing violators of the Act.

Requisites:
The offender knows that a person has committed or is about to commit an
offense under this Act; and
The offender harbors or conceals such person.
Making any photograph, sketch, picture, drawing, map or graphical

representation of vital military, naval and air installations or equipment as
defined by the Philippine President as requiring protection against the general
dissemination of information relative thereto UNLESS he obtains the
permission of the commanding officer (or higher authority).of post, camp or
station concerned and promptly submits the product obtained to the same
commanding officer (or higher authority) (Sec. 8).
Using or permitting or procuring the use of an aircraft for the same purpose of
violating #7 (Sec. 9).
Reproducing, publishing, selling, or giving away of uncensored copies of those

mentioned under #7 without the permission of the commanding officer (or
higher authority (Sec. 10).
Destroying or injuring or attempting to injure or destroy war material (when

the country is at war) or national defense material, premises or utilities (even if
the country is not at war) (Secs. 11 & 13).
Making or causing to be made in a defective manner, or attempting to make or

cause to be made in a defective manner, war material (when the country is at
war) or national defense material (even if the country is not at war) (Secs. 12 &
14)
SECTION TWO: PROVOKING WAR AND DISLOYALTY IN CASE

OF WAR
ARTICLE 118
INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
Elements:
That the offender performs unlawful or unauthorized acts; and
That such acts:
 Provoke or give occasion for a war involving or liable to involve the
Philippines, or
 Expose Filipino citizens to reprisals on their persons and property.
Note: Intention of the accused is immaterial.
This is committed in time of peace.
Penalty is higher when the offender is a public officer or employee.
CRIMINAL LAW BOOK 2

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Reprisal
It is an act of self-help on the part of the injured state, responding after an
unsatisfied demand to an act contrary to international law on the part of the
offending state. (Naulilaa Incident Arbitration, Portuguese-German Arbitral
Tribunal, 1928)
ARTICLE 119
VIOLATION OF NEUTRALITY
Elements:
That there is a war in which the Philippines is not involved;
That there is a regulation issued by a competent authority for the purpose of
enforcing neutrality; and
That the offender violates such regulation.
Neutrality
The condition of a nation that in time of war, it takes no part in the dispute but
continues peaceful dealings with the belligerents.
There must be a regulation issued by competent authority (President or the
Chief of Staff of the AFP) for the enforcement of neutrality.
ARTICLE 120
CORRESPONDENCE WITH HOSTILE COUNTRY
Elements:
That it is made in time of war in which the Philippines is involved;
That the offender makes correspondence with the:
 Enemy country or
 Territory occupied by the enemy troops;
 That the correspondence is either:
 Prohibited by the Government; or
 Carried on in ciphers or conventional signs; or
 Contains notice or information which might be useful to the enemy
Correspondence
Communication by means of letters; or it may refer to the letters which pass
between those who have friendly or business relations.
Even if the correspondence contains innocent matters, if the correspondence

has been prohibited by the government, it is punishable because of the
possibility that some information useful to the enemy might be revealed
unwittingly.
Prohibition by the Government is NOT essential when the correspondence is

carried on in ciphers or useful to the enemy.
CRIMINAL LAW BOOK 2

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If the offender intended to aid the enemy by giving such notice or information,
the crime amounts to treason; hence the penalty is the same as that for treason.
(Reyes, The Revised Penal Code Book II, 17th ed., 2008 p. 31).
Circumstances qualifying the offense

The following must concur:
That the notice or information might be useful to the enemy;
That the offender intended to aid the enemy.
ARTICLE 121
FLIGHT TO ENEMY’S COUNTRY
Elements:
That there is a war in which the Philippines is involved;
That the offender owes allegiance to the Government;
That the offender attempts to flee or go to the enemy country; and
That going to the enemy country is prohibited by the competent authority.
An alien resident may be guilty of flight to enemy country, because an alien

owes allegiance to the Philippine government albeit temporary.
Mere attempt to flee or go to enemy country consummates the crime.
Article 121 must be implemented by the Government. If fleeing or going to an

enemy country is not prohibited by competent authority, the crime defined in
Article 121 cannot be committed.
SECTION THREE: PIRACY AND MUTINY ON THE HIGH SEAS
ARTICLE 122
PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS OR IN PHILIPPINE WATERS
Piracy
It is robbery or forcible depredation on the high seas, without lawful authority
and done with animo furandi (intention to steal) and in the spirit and intention
of universal hostility (People vs. Lol-lo, G.R. No. 17958 February 27, 1922).
Two ways or modes of committing piracy:

By attacking or seizing a vessel on the high seas or in Philippine waters;
By seizing in the vessel while on the high seas or in Philippine waters the
whole or part of its cargo, its equipment or personal belongings of its
complement or passengers.
Elements of piracy:
That a vessel is on the high seas or in Philippine waters;
CRIMINAL LAW BOOK 2

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That the offenders are NOT members of its complement or passengers of the
vessel; and
That the offenders:
Attack or seize the vessel; or
Seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers.
High Seas
Waters which are beyond the boundaries of the low-water mark, although such
waters may be in the jurisdictional limits of a foreign government; parts of the
sea that are not included in the exclusive economic zone, in the territorial seas,
or in the internal waters of a state, or in the archipelagic waters of an
archipelagic state (United Nations Convention on the Law of the Sea).
Philippine waters
Shall refer to all bodies of water, such as but not limited to seas, gulfs, bays
around, between and connecting each of the islands of the Philippine
Archipelago, irrespective of its depth, breadth, length or dimension, and all
other waters belonging to the Philippines by historic or legal title, including
territorial sea, the sea-bed, the insular shelves, and other submarine areas over
which the Philippines has sovereignty or jurisdiction (Sec. 2, P.D. 532).
Piracy is a crime not against any particular state but against all mankind. It may
be punished in the competent tribunal of any country where the offender may
be found or into which he may be carried.
Mutiny
The unlawful resistance to a superior, or the raising of commotions and
disturbances on board a ship against the authority of its commander
PRESIDENTIAL DECREE NO. 532

Anti-Piracy and Anti-Highway Robbery Law of
Vessel 1974
Any vessel or watercraft used for (a) transport of passengers and cargo or (b)
for fishing.
Aiding or Abetting of Piracy

Any person who shall knowingly aid or abet piracy will be considered as an
accomplice in the commission of piracy and punished according to the rules
under the RPC.
Requisites:
 Knowingly aids or protects pirates;
 Acquires or receives property taken by such pirates, or in any manner
derives any benefit therefrom; and
 Directly or indirectly abets the commission of piracy.
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ARTICLE 123
QUALIFIED PIRACY
Qualifying Circumstances:
Whenever the offenders have seized the vessel by boarding or firing upon the
same;
Whenever the pirates have abandoned their victims without means of saving
themselves; or
Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape.
The “crimes” mentioned in the article which are qualified are piracy and
mutiny on the high seas.
Qualified piracy is a SPECIAL COMPLEX CRIME punishable by reclusion
perpetua to death, regardless of the number of victims.
Offenders are not liable for the separate crimes of murder, homicide, physical
injuries, or rape.
Qualified Mutiny
When the second or the third circumstance accompanies the crime of mutiny
mentioned under Art. 122, mutiny is then qualified. First circumstance may not
qualify the crime of mutiny, because in mutiny, the offenders are “insiders” of
the vessel (Boado, Notes and Cases on the Revised Penal Code, 2008 p. 376).

ANTI HIJACKING LAW
“Aircraft is in flight” from the moment all exterior doors are closed following
embarkation until the same doors are again opened for disembarkation.
Acts Punished:
Usurping or seizing control of an aircraft of Philippine registry while it is in
flight; or compelling the pilots thereof to change its course or destination;
Note: When the aircraft is not in flight, the usurpation or seizure of the aircraft
may amount to coercion or threat. When death results, the crime is homicide or
murder, as the case may be.
Usurping or seizing control of an aircraft of foreign registry, while within

Philippine territory, or compelling the pilots thereof to land in any part of
Philippine territory;
Under this Act, it is not required that the aircraft be a public utility.
(Boado,2008, p. 379).
Aggravating circumstances to acts punished under 1 and 2:
CRIMINAL LAW BOOK 2

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When the offender has fired upon the pilot, member of the crew, or passenger
of the aircraft;
When the offender has exploded or attempted to explode any bomb or
explosive to destroy the aircraft;
Whenever the crime is accompanied by murder, homicide, serious physical
injuries or rape. (Thus, such common crimes are considered aggravating
circumstances only; they are not separated from or complexed with the crime
of hijacking).
Carrying or loading on board an aircraft operating as a public utility passenger

aircraft in the Philippines flammable, corrosive, explosive or poisonous
substances;
Under this act, mere carrying or loading of explosive, corrosive, etc. brings
about criminal liability (Boado, p.379).
Loading, shipping, or transporting on board a cargo aircraft operating as a
public utility in the Philippines, flammable, corrosive, or poisonous substance
if not done in accordance with the rules and regulations of the Air
Transportation Office.
Note: There is no attempted hijacking since it is punishable under a special law

and attempted stage is not punishable under the said law.
CRIMINAL LAW BOOK 2

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Title Two: Crimes Against the Fundamental Law of the State
All offenses in this Title are required to be committed by public officers except
offending the religious feelings.
CHAPTER ONE: ARBITRARY DETENTION OR EXPULSION,

VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST
RELIGIOUS WORSHIP (ARTS. 124-133)
SECTION ONE: ARBITRARY DETENTION AND EXPULSION
ARTICLE 124
ARBITRARY DETENTION
Elements:
That the offender is a public officer or employee;
That he detains a person; and
That the detention is without legal grounds.
Detention
The actual confinement of a person in an enclosure, or in any manner detaining
and depriving him of his liberty (People v. Gungon, G.R, No. 119574, March
19, 1998, citing People v. Domasian, G.R. No. 95322, March 1, 1993).
Detention need not involve any physical restraint. Psychological restraint is

sufficient. If the acts and actuations of the accused can produce such fear in the
mind of the victim sufficient to paralyze the latter, to the extent that the victim
is compelled to limit his own actions and movements in accordance with the
wishes of the accused, then the victim is, for all intents and purposes, detained
against his will (Astorga vs. People, G. R. No. 154130 Oct. 1, 2003).
Legal grounds for the detention of persons:

The commission of a crime.
Violent insanity or other ailment requiring compulsory confinement of the
patient in a hospital.
Note: This list is not exclusive so long as the ground is considered legal (e.g. in
contempt of court, under quarantine, or a foreigner to be deported).
The public officer liable for arbitrary detention must be vested with authority to
detain or order the detention of persons accused of a crime, but when they
detain a person they have no legal grounds therefor.
If the detention is perpetrated by other public officers NOT vested with
authority or any private individual, the crime committed is illegal detention
(Art. 267 or 268).
CRIMINAL LAW BOOK 2

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The penalty for Arbitrary Detention depends upon the period of detention
involved. A greater penalty is imposed if the period is longer.
Arrest without a warrant is the usual cause of arbitrary detention. The crime of
unlawful arrest is, however, absorbed in the crime of arbitrary detention.
Arrest without warrant – when LAWFUL:

When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
“In his presence”

When the officer sees the offense being committed, although at a distance, or
hears the disturbance created thereby and proceeds at once to the scene thereof,
or when the offense is continuing or has not been consummated at the time the
arrest is made, the offense is said to be committed in his presence. (U.S. vs.
Samonte, G.R. No. 5649, September 6, 1910).
When an offense has in fact just been committed, and he has probable cause to
believe based on personal knowledge of facts and circumstances that the person
to be arrested has committed it;
‘Personal Knowledge of facts’ in arrests without warrant must be based upon

probable cause, which means an actual belief or reasonable grounds of
suspicion (U.S. vs. Santos, G.R. No. 12779, September 10, 1917).
When the person to be arrested is a prisoner who has escaped from a penal
establishment, or place where he is serving final judgment or temporarily
confined while his case is pending, or has escaped while being transferred from
one confinement to another. (Sec. 5, Rule 113, Revised Rules of Criminal
Procedure)
Periods of detention penalized

If the detention has not exceeded 3 days.
If the detention has continued more than 3 days but not more than 15 days.
If the detention has continued more than 15 days but not more than 6 months.
If the detention has exceeded 6 months.
ARTICLE 125
DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE
PROPER
JUDICIAL AUTHORITIES
Elements:
That he has detained a person for some legal ground
(Sec. 5, Rule 113, Rules of Court); and
That he fails to deliver such person to the proper judicial authorities within:
a. 12 hrs for offenses punishable by light penalties or their equivalent.
CRIMINAL LAW BOOK 2

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b. 18 hrs for offenses punishable by correctional penalties or their equivalent.

c. 36 hrs for offenses punishable by afflictive penalties or their equivalent.
Circumstances considered in determining liability of officer detaining a

person beyond legal period:
The means of communication;
The hour of arrest; and
Other circumstances such as the time of surrender and the material possibility
for the fiscal to make the investigation and file in time the necessary
information.
“Delivery to proper authorities”

It means filing of an Information against the person arrested with the
corresponding court or judge. It does not mean “physical delivery.”
“Proper judicial authorities”
It refers to the courts of justice or judges of said courts vested with judicial
power to order the temporary detention or confinement of a person charged
with having committed a public offense.
Reason for Article 125

It is intended to prevent any abuse resulting from confining a person without
informing him of his offense and without permitting him to go on bail.
A private individual who makes a lawful arrest must also comply with
requirements under Art. 125. If he fails to comply, he is liable for the crime of
ILLEGAL DETENTION under Art. 267 or 268.
The illegality of the detention is not cured by the filing of information in court.
Art. 125 applies only when the arrest is made without a warrant of arrest but
lawful. It does NOT apply when the arrest is by virtue of a warrant of arrest, in
which case he can be detained indefinitely. He must, however, be delivered
without unnecessary delay to the nearest police station or jail.
The reason for this is that there is already a complaint or information filed
against him with the court which issued the order or warrant of arrest and it is
not necessary to deliver the person thus arrested to that court.
Where a judge is not available, the arresting officer is duty-bound to release a

detained, if the maximum hours for detention provided under Article 125 of the
Revised Penal Code has already expired. Failure to cause the release may result
in an offense under Article 125. (Albior vs. Auguis, A.M. P-01-1472, June 26,
2003).
Person arrested may request for a preliminary investigation but must sign a
waiver of Art. 125.
CRIMINAL LAW BOOK 2

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“Delivery to proper authorities”

It means filing of an Information against the person arrested with the
corresponding court or judge. It does not mean “physical delivery.”
ARTICLE 126
DELAYING RELEASE
Three acts punished:
By delaying the performance of a judicial or executive order for the release of a
prisoner;
By unduly delaying the service of the notice of such order to said prisoner;
By unduly delaying the proceedings upon any petition for the liberation of such
person.
Elements:
That there is a judicial or executive order for the release of a prisoner or
detention prisoner, or that there is a proceeding upon a petition for the
liberation of such person; and
That the offender without good reason delays either:
The service of the notice of such order to the prisoner;
The performance of such judicial or executive order for the release of
the prisoner; or
The proceedings upon a petition for the release of such person.
Note: Most likely to be violated by wardens or jailers.
ARTICLE 127
EXPULSION
Two acts punished:

By expelling a person from the Philippines;
By compelling a person to change his residence.
Elements:
That he expels any person from the Philippines, or compels a person to change
his residence; and
That the offender is not authorized to do so by law.
Exception: There is no expulsion in cases of ejectment, expropriation, when

destierro is imposed, or in Barangay Protection Orders, Temporary Protection
Orders, and Permanent Protection Orders in case of RA 9262.
Only the President of the Philippines is authorized to deport aliens under the
Revised Administrative Code.
Only the court by a final judgment can order a person to change residence.
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SECTION TWO: VIOLATION OF DOMICILE
ARTICLE 128
VIOLATION OF DOMICILE
Acts Punished
By entering any dwelling against the will of the owner thereof;
By searching papers or other effects found therein without the previous consent
of such owner;
By refusing to leave the premises, after having surreptitiously entered said
dwelling and after having been required to leave the same.
Common elements:
That the offender is a public officer or employee; and
That he is not authorized by judicial order to enter the dwelling and/or to make
a search for papers or other effects.
Qualifying circumstances:
If committed at nighttime;
If any papers or effects, not constituting evidence of a crime are not returned
immediately after a search is made by the offender.
The offender must be a public officer or employee. If he is a private individual,

or if the public officer is one whose function does not include the duty to effect
search and seizure (Boado, 2008, p. 395), the crime committed is TRESPASS
TO DWELLING.
In the first mode, lack of consent would not suffice as the law requires that the
offender’s entry must be over the owner’s objection.
In the second mode, mere lack of consent is sufficient.

Silence of the owner of the dwelling before and during the search, without
search warrant, by a public officer, may show implied waiver.
In the third mode, what is punished is the refusal to leave, the entry having
been made surreptitiously.
It is believed, however, that if the surreptitious entry had been made through an
opening not intended for that purpose, the offender would be liable under the
first mode since it is entry over the implied objection of the inhabitant.
Although the Code speaks of the owner of the premises, it would be sufficient
if the inhabitant is the lawful occupant using the premises as his dwelling,
although he is not the owner thereof.
The papers or other effects in the second mode must be found in the dwelling
(Reyes, 2008, p. 67).
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“Not being authorized by judicial order”

A public officer or employee is authorized by judicial order when he is armed
with a search warrant duly issued by the court. Hence, he is not authorized by
judicial order when the public officer has no search warrant. (Reyes, p. 66)
“Against the will of owner”

It presupposes opposition or prohibition by the owner, WHETHER EXPRESS
OR IMPLIED, and not merely the absence of consent. (Reyes, 2008, p. 66)
ARTICLE 129
SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN
THE SERVICE OF THOSE LEGALLY OBTAINED
Acts Punished:
1. Procuring a search warrant without just cause.
Elements:
 That the offender is a public officer or employee;
 That he procures a search warrant; and
 That there is no just cause.
2. Exceeding his authority or by using unnecessary severity in executing a

search warrant legally procured.
Elements:
 That the offender is a public officer or employee;
 That he has legally procured a search warrant; and
 That he exceeds his authority or uses unnecessary severity in executing
the same.
Note: If in searching a house, the public officer destroys furniture therein

without any justification at all, he is guilty under Article 129, as having used
unnecessary severity in executing the search warrant.
Search warrant
It is an order in writing issued in the name of the People of the Philippines,
signed by the judge and directed to a peace officer, commanding him to search
for personal property described therein and bring it before the court. (Sec. 1,
Rule 126, Revised Rules of Criminal Procedure)
Requisites for the issuance of search warrant:

A search warrant shall not issue except upon probable cause in connection with
one specific offense to be determined personally by the judge after examination
under oath or affirmation of the complainant and the witnesses he may produce,
and particularly describing the place to be searched and the things to be seized
CRIMINAL LAW BOOK 2

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which may be anywhere in the Philippines (Sec. 4, Rule 126, Revised Rules of
Criminal Procedure).
Test of lack of just cause

Whether the affidavit filed in support of the application for search warrant has
been drawn in such a manner that perjury could be charged thereon and affiant
can be held liable for damages caused.
If the search warrant is secured through a false affidavit, the crime punished by
this article CANNOT be complexed but will be a separate crime from perjury
since the penalty herein provided shall be IN ADDITION TO the penalty of
perjury.
A search warrant shall be valid for ten (10) days from its date.
When papers or effects are obtained during unreasonable searches and seizures,
or under a search warrant issued without probable cause and not in accordance
with the procedure prescribed, or in violation of the privacy of communication
and correspondence, the papers of effects thus obtained are not admissible if
presented as evidence.
Instances when a warrantless search and seizure is valid:
Consented searches;
 As an incident to a lawful arrest;
 Searches of vessels and aircraft for violation of immigration, customs,
and drug laws;
 Searches of moving vehicles;
 Searches of automobiles at borders or constructive borders;
 Where the prohibited articles are in "plain view";
 Searches of buildings and premises to enforce fire, sanitary, and
building regulations; and
 "stop and frisk" operations (People v. Lopez, GR No. 181747,
September 29, 2008).
Note: The officer, if refused admittance to the place of directed search after
giving notice of his purpose and authority, may break open any outer or inner
door or window of a house or any part of a house or anything therein to execute
the warrant or liberate himself or any person lawfully aiding him when
unlawfully detained therein (Sec. 7, Rule 126, Revised Rules of Criminal
Procedure).
ARTICLE 130
SEARCHING DOMICILE WITHOUT WITNESSES
Elements:
That he is armed with a search warrant legally procured;
That he searches the domicile, papers or other belongings of any person; and
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That the owner, or any member of his family or two witnesses residing in the
same locality are not present.
The papers or other belongings must be in the dwelling of their owner at the
time the search is made. It does not apply to searches of vehicles or other
means of transportation because the searches are not made in dwelling (Reyes,
The Revised Penal Code Book II, 17th ed., 2008 p. 73).
Art. 130 does NOT apply to searches of vehicles or other means of

transportation.
Search without warrant under the Tariff and Customs Code does not include a
dwelling house.
SECTION THREE: PROHIBITION, INTERRUPTION, AND

DISSOLUTION OF PEACEFUL MEETINGS
ARTICLE 131
PROHIBITION, INTERRUPTION, & DISSOLUTION OF PEACEFUL
MEETINGS
Acts Punished:
1. Prohibiting, interrupting or dissolving without legal ground the holding of a
peaceful meeting;
To commit the crime under the first act:
The meeting must be peaceful; and
There is no legal ground for prohibiting, or interrupting or dissolving that
meeting (Reyes, p.77).
2. Hindering any person from joining any lawful association or from attending
any of its meetings;
3. Prohibiting or hindering any person from addressing, either alone or together
with others, any petition to the authorities for the correction of abuses or
redress of grievances.
Common elements:
That he performs any of the acts mentioned above.
The right to freedom of speech and to peacefully assemble, though guaranteed

by our Constitution, is not absolute, for it may be regulated in order that it may
not be “injurious to the right of the community or society,” and this power may
be exercised under the “police power” of the state, which is the power to
prescribe regulations to promote the good order or safety and general welfare
of the people.
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The offender must be a stranger, and not a participant. If the offender is a

participant, the crime committed is unjust vexation.
Interrupting and dissolving the meeting of municipal council by a public officer

is a crime against a legislative body, not punished under Art. 131 but under
Arts. 143 and 144 of the RPC.
If the offender is a private individual, the crime is disturbance of public order

under Art. 153.
SECTION FOUR: CRIMES AGAINST RELIGIOUS WORSHIP
ARTICLE 132
INTERRUPTION OF RELIGIOUS WORSHIP
Elements:
1. That the offender is a public officer or employee;
2. That religious ceremonies or manifestations of any religion are about to take
place or are going on; and
3. That the offender prevents or disturbs the same.
Note: Qualified by violence or threats.

If the prohibition or disturbance is committed only in a meeting or rally of a
sect, it would be punishable under Art.131
ARTICLE 133
OFFENDING THE RELIGIOUS FEELINGS
Elements:
That the acts complained of were performed:
 In a place devoted to religious worship (not necessary that there is a
religious ceremony going on); or
 During the celebration of any religious ceremony;
That the acts must be notoriously offensive to the feelings of the faithful.
Religious ceremonies
Religious acts performed outside of a church, such as processions and special
prayers for burying dead persons.
“Acts notoriously offensive to the feelings of the faithful”

The acts must be directed against religious practice or dogma or ritual for the
purpose of ridicule, as mocking or scoffing at or attempting to damage an
object of religious veneration.
May be committed by a public officer or a private individual. This is the only
crime in Title Two which does NOT require that the offender be a public
officer.
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Offense to feelings is judged from complainant’s point of view.

There must be deliberate intent to hurt the feelings of the faithful.
If the act is directed to the religious belief itself and the act is notoriously
offensive, the crime is offending the religious feelings. Otherwise, it is only
unjust vexation. (Boado, pp. 398-399)
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Title Three: Crimes Against Public Order
ARTICLE 134
REBELLION/ INSURRECTION
Elements:
1. That there be:
a. Public uprising; and
b. Taking up of arms against the government
2. For the purpose of either:

 Removing from the allegiance to said Government or its laws:
 The territory of the Philippines, or any part thereof; or
 Any body of land, naval or other armed forces; or
 Depriving the Chief Executive or Congress, wholly or partially, of any
of their powers or prerogatives.
If the act is to deprive the Judiciary of its powers or prerogatives, the crime
committed is sedition.
Rebellion
More frequently used where the object of the movement is to completely
overthrow and supersede the existing government. It is a crime of the masses,
of the multitude. It is a vast movement of men and a complex network of
intrigues and plots. The purpose of the uprising must be shown. Without
evidence to indicate the motive or purpose of the accused, the crime does not
constitute rebellion. It may constitute other crimes like sedition or kidnapping.
Insurrection
More commonly employed in reference to a movement which seeks merely to
effect some change of minor importance, or to prevent the exercise of
governmental authority with respect to particular matters or subjects.
Note: ACTUAL CLASH with the armed forces of the Government is NOT
necessary to convict the accused who is in conspiracy with others actually
taking arms against the Government.
Distinguish
1. Treason and Rebellion
Treason – Levying war against the government; mere adhering to the enemy,
giving him aid and comfort.
Rebellion – Levying war against the government during peace time. Taking up
arms against the Government.
2. Subversion and Treason
Subversion – crime against national security
Rebellion – crime against public order
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Giving aid and comfort is not criminal in rebellion.

Persons acting as couriers or spies for rebels are guilty of rebellion.
Mere silence regarding the presence of rebels despite knowledge of a rebellion
is not punishable.
Rebellion cannot be complexed with, but absorbs other crimes committed in

furtherance of rebellious movement. There is no complex crime of rebellion
with murder and other common crimes, whether such crimes are punishable
under a special law or general law (RPC) provided that such crimes are
committed in furtherance or in pursuance of the movement to overthrow the
government (Ponce Enrile v. Amin, G. R. No. 93335, September 13, 1990).
Under Section 3 of the Human Security Act of 2007, a person who commits an
act punishable as rebellion or insurrection, thereby sowing and creating a
condition of widespread and extraordinary fear and panic among the populace,
in order to coerce the government to give in to an unlawful demand shall be
guilty of Terrorism.
ARTICLE 134-A
COUP D’ETAT
Elements:
That the offender is a person or persons belonging to the military or police or
holding any public office or employment;
That it is committed by means of a swift attack, accompanied by violence,
intimidation, threat, strategy, or stealth;
That the attack is directed against duly constituted authorities of the Republic
of the Philippines, or any military camp or installation, or communication
networks, public utilities or other facilities needed for the exercise and
continued possession of power; and
That the purpose of the attack is to seize or diminish state power.
The crime of coup d’etat may be committed with or without civilian

participation.
State Power includes power of the President, Legislative and Judicial Power,
including police power.
Under Section 3 of the Human Security Act of 2007, a person who commits an
act punishable as coup d’etat including acts committed by private persons,
thereby sowing and creating a condition of widespread and extraordinary fear
and panic among the populace, in order to coerce the government to give in to
an unlawful demand, shall be guilty of Terrorism.
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ARTICLE 135
PENALTY FOR REBELLION OR INSURRECTION OR COUP
D’ETAT
Persons liable for rebellion, insurrection and/or coup d’etat:

The leaders –
Any person who
Promotes;
Maintains;
Heads a rebellion or insurrection; or
Any person who
Leads;
Directs; or
Commands others to undertake a coup d’etat;
The participants –
Any person who
Participates; or
Executes the commands of others in rebellion, or insurrection;
Any person in the government service who
Participates; or
Executes directions or commands of others in undertaking a coup d’etat;
Any person not in the government service who
Participates;
Supports;
Finances;
Abets; or
Aids in undertaking a coup d’etat.
Who shall be deemed the leader of the rebellion, insurrection or coup d’etat in
case he is unknown?
Any person who in fact:
Directed the others,
Spoke for them,
Signed receipts and other documents issued in their name, or
Performed similar acts, on behalf of the rebels.
Being a mere assistant to a principal, guilty of rebellion,the accused is guilty

only as a participant in the commission of Rebellion under par. 2 of Art. 135
(People v. Lava, G.R. No. L-4974 to 78, May 16, 1969).
Membership in a rebel organization does not automatically qualify criminal

acts as absorbed in rebellion. It must be conclusively demonstrated that the
criminal acts were committed in furtherance of rebellion (People v. Lovedioro,
G.R. No. 112235, G.R. No. 112235).
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Political Crimes
In contrast to common crimes, are those directly aimed against the political
order, as well as such common crimes as may be committed to achieve a
political purpose. The decisive factor is the intent or motive.
Killing, robbing, etc., for private purposes or profit, without any political
motivation, would be separately punished and would not be absorbed in the
rebellion (People vs. Geronimo, et al., 100 Phil 90 [1956]).
ARTICLE 136
CONSPIRACY & PROPOSAL TO COMMIT REBELLION,
INSURRECTION OR COUP D’ ETAT
Two Crimes penalized under this article:

Conspiracy to commit rebellion; and
Proposal to commit rebellion.
Conspiracy to commit rebellion

When two or more persons come to an agreement to rise publicly and take arms
against the Government for any of the purposes of rebellion and decide to
commit it.
Proposal to commit rebellion

When the person who has decided to rise publicly and take arms against the
Government for any of the purposes of rebellion proposes its execution to some
other person or persons.
This is an instance where the law punishes preparatory acts.
ARTICLE 137
DISLOYALTY OF PUBLIC OFFICERS/EMPLOYEES
Acts Punished:
Failing to resist a rebellion by all means in their power;
Continuing to discharge the duties of their office under the control of the rebels;
Accepting appointment to office under the rebels.
The offender must be a public officer or employee.

The crime presupposes the existence of rebellion by other persons; the offender
must not be in conspiracy with the rebels; otherwise, he himself will also be
guilty of rebellion.
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ARTICLE 138
INCITING TO REBELLION/ INSURRECTION
Elements:
That the offender does not take up arms or is not in open hostility against the
Government;
That he incites others to the execution of any of the acts of rebellion; and
That the inciting is done by means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same end.
Inciting to rebellion distinguished from proposal

In both crimes, the offender induces another to commit rebellion.
In proposal, the person who proposes has decided to commit rebellion;
In inciting to rebellion, it is not required that the offender has decided to
commit rebellion.
In proposal, the person who proposes the execution of the crimes uses secret
means;
In inciting to rebellion, the act of inciting is done publicly.
Note: Rebellion should not be committed by the persons proposed to or who
are incited. Otherwise, the person who incited them shall be a principal by
inducement.
ARTICLE 139
SEDITION
Elements:
That the offenders rise:
 Publicly; and
 Tumultuously;
That they employ force, intimidation, or other means outside of legal methods;
That the offenders employ any of those means to attain any of the following
objects:
a. To prevent the promulgation or execution of any
law or the holding of any popular election;
b. To prevent the government or any public officer from freely exercising
its or his functions, or prevent the execution of any Administrative Order;
c. To inflict any act of hate or revenge upon the person or property of any
public officer or employee;
d. To commit, for any political or social end, any act of hate or revenge against
private persons or any social class;
e. To despoil, for any political or social end, any person or the government of
all its property or any part thereof.
Sedition cannot be committed by one person. Article 189 states “The crime of
sedition is committed by persons who rise publicly and tumultuously.” In
Article 163, the word “tumultuous” is given a definite meaning. It says that
“the disturbance … shall be deemed to be tumultuous if caused by more than
three persons who are armed or provided with the means of violence.
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Public uprising and an object of sedition must concur.

In sedition, it is immaterial if the objective be completely attained.
Mere public uprising for any of the objectives mentioned in Art. 139 is
punishable.
Sedition Treason Sedition Rebellion

In both, there must be public uprising.
In its In its more
more general It is sufficient that There must be
general sense, it is the the taking up
Public uprising is Of arms against
sense, it is the violation
tumultuous. the
raising of by a subject of
Government.
commotions or his
disturbances in allegiance to The purpose of The purpose is
the his offenders may always
State. sovereign. political or social. political.
Not necessarily Always against the
against the government.
government.
General Rule: Common Crimes are NOT absorbed in sedition.

Exception: Sedition absorbs the use of unlicensed firearms as an element
thereof, pursuant to RA 8294.
ARTICLE 140
PENALTY FOR SEDITION
Persons liable:
The leader of the sedition; and
Other persons participating in the sedition.
ARTICLE 141
CONSPIRACY TO COMMIT SEDITION
Only conspiracy to commit sedition is punishable and not Proposal to commit

sedition.
There must be an agreement both to attain an object of sedition and to rise

publicly and tumultuously.
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ARTICLE 142
INCITING TO SEDITION
Acts Punished:
a. Inciting others to commit sedition by means of speeches, proclamations,
writings, emblems, cartoons, banners, or other representations tending to
the same end;
b. Uttering seditious words or speeches which tend to disturb the public
peace;
Writing, publishing, or circulating scurrilous libels against the Government or
any of its duly constituted authorities;
c. Knowingly concealing such evil practices.
“Knowingly concealing such evil practices” is ordinarily an act of the
accessory after the fact, but under this provision, the act is treated and punished
as that of the principal.
Scurrilous
Means low, vulgar, mean, or foul.
Elements of Act no. 1:

That the offender does not take direct part in the crime of sedition;
That he incites others to the accomplishment of any of the acts which constitute
sedition; and
That the inciting is done by means of speeches, proclamations, writings,
emblems, cartoons, banners, or other representations tending to the same end.
Acts nos. 2 & 3 punishable when:

They tend to disturb or obstruct any lawful officer in executing the functions of
his office;
They tend to instigate others to cabal and meet together for unlawful purposes;
They suggest or incite rebellious conspiracies or riots; or
They lead or tend to stir up the people against the lawful authorities or disturb
the peace of the community, and the safety and order of the Government.
Rules relative to seditious words:

Clear and present danger rule
It is required that there must be reasonable ground to believe that the danger
apprehended is imminent and that the evil to be prevented is a serious one.
There must be the probability of serious injury to the State.
Present refers to the time element. It used to be identified with imminent and
immediate danger. The danger must not only be probable but very likely
inevitable.
Dangerous tendency rule
There is inciting to sedition when the words uttered or published could easily
produce disaffection among the people and a state of feeling in them
incompatible with a disposition to remain loyal to the Government and
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obedient to the laws. The dangerous tendency rule is generally adopted in the
Philippines.
Reason why seditious utterances are prohibited:
If the State were compelled to wait until the apprehended danger became
certain, then its right to protect itself would come into being simultaneously
with the overthrow of the Government, when there would be neither
prosecuting officers nor courts for the enforcement of the law.
CHAPTER TWO: CRIMES AGAINST POPULAR REPRESENTATION

(ARTS. 143-145)
SECTION ONE: CRIMES AGAINST LEGISLATIVE BODIES AND

SIMILAR BODIES
ARTICLE 143
ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY
AND SIMILAR BODIES
Elements:
That there be a projected or actual meeting of the 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;
That the offender, who may be any person, prevents such meeting by force or
fraud.
Force referred to here is one that produces an injury on the person of another,
and fraud involves falsification. Thus, physical injuries and falsification will be
complexed as a necessary means to commit this crime.
ARTICLE 144
DISTURBANCE OF PROCEEDINGS
Elements:
That there be a meeting of Congress or any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or any
provincial board or city or municipal council or board; and
That the offender does any of the following acts:
He disturbs any of such meetings; or
He 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.
Complaint for disturbance of proceedings must be filed by a member of the

legislative body.
Disturbance created by a participant in the meeting is not covered by Art. 144.
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The same act may be made the basis for contempt since it is coercive in nature
while the crime under this Article is punitive.
SECTION TWO: VIOLATION OF PARLIAMENTARY IMMUNITY
ARTICLE 145
VIOLATION OF PARLIAMENTARY IMMUNITY
Acts Punished:
1. Using force, intimidation, threats, or frauds to prevent any member
from:
Attending the meetings of Congress or any of its committees or
subcommittees, constitutional commissions or committees or divisions
thereof, or from
Expressing his opinions or
Casting his vote.
Elements:
That the offender uses force, intimidation, threats or fraud; and
That the purpose of the offender is to prevent any member of Congress from
Attending the meetings of the Congress or any of its committees or
constitutional commissions, etc.; or
Expressing his opinions; or
Casting his vote.
Note: The offender in Par. 1 may be any person.
2. Arresting or searching any member while Congress is in session, except

in cases where such member has committed a crime punishable under
the Code by a penalty higher than prision mayor.
Elements:
That he arrests or searches any member of Congress;
That the Congress, at the time of arrest or search, is in regular or special
session; and
Session:
Refers to the entire period from its initial convening until its final adjournment.
That the member arrested or searched has not committed a crime punishable
under the Code by a penalty higher than prision mayor.
Parliamentary immunity does not protect members of Congress from

responsibility before the legislative body itself.
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The 1987 Constitution exempts members of Congress from arrest, while the
Congress is in session, for all offenses punishable by a penalty less than prision
mayor.
It is not necessary that the member is actually prevented from exercising any of
his functions. It is sufficient that Congress is in session and the offender, in
using force, intimidation, threats, or frauds, has the purpose to prevent a
member of the National Assembly from exercising any of his such prerogatives.
Note: Sec. 11, Art. VI of the 1987 Constitution states that, “A Senator or
Member of the House of Representatives shall in all offenses punishable by not
more than six years imprisonment, be privileged from arrest while Congress is
in session” while Art 145 of the RPC states penalty higher than prison mayor.
To be consistent with the Constitution, the Constitution should prevail over Art.
145, and the Constitution says “6 years”, not prision mayor.
CHAPTER THREE: ILLEGAL ASSEMBLIES AND ASSOCIATIONS

(ARTS. 146-147)
ARTICLE 146
ILLEGAL ASSEMBLIES
Forms of Illegal Assemblies:

1. Any meeting attended by armed persons for the purpose of committing any
of the crimes punishable under the RPC.
Requisites:
That there is a meeting, gathering or group of persons, whether in a fixed place
or moving;
That the meeting is attended by armed persons; and
That the purpose of the meeting is to commit any of the crimes punishable
under the RPC.
Not all the persons present at the meeting of the first form of illegal assembly
must be armed. It is sufficient that at least 2 persons are armed.
If none of the persons present in the meeting are armed, there is no crime of
Illegal Assembly.
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 or his agent.
Requisites:
That there is a meeting, a gathering or group of persons, whether in a fixed
place or moving; and
That the audience, whether armed or not, is incited to the commission of the
crime of treason, rebellion or insurrection, sedition or direct assault.
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It is necessary that the audience is actually incited. If in the meeting the

audience is incited to the commission of rebellion or sedition, the crimes
committed are ILLEGAL ASSEMBLY as regards the organizers or leaders or
persons merely present and INCITING TO REBELLION OR SEDITION
insofar as the one inciting them is concerned.
Persons liable in illegal assemblies:

The organizers or leaders of the meeting;
Persons merely present at the meeting.
Presumptions:
If any person carries an unlicensed firearm, it is presumed that:
The purpose of the meeting insofar as he is concerned is to commit acts
punishable under the RPC; and
He is considered a leader or organizer of the meeting. The law does NOT
distinguish whether or not the firearms are licensed or unlicensed. It only gives
a presumption if the firearm used is unlicensed.
A person invited to give a speech in an illegal assembly or meeting and incites

the members of such assembly is guilty of inciting to sedition only and not
punishable under illegal assembly.
ARTICLE 147
ILLEGAL ASSOCIATIONS
Prohibited associations:
Associations totally or partially organized for:
The purpose of committing any of the crimes punishable under the RPC, or
Some purpose contrary to public morals.
Public morals – refer to matters which affect the interest of society and public
convenience and is not limited to good customs.
Persons liable:
Founders, directors, and president of the association.
Members of the association.
Distinguishing Illegal association from Illegal assembly

Illegal assembly, an actual meeting or assembly of armed persons for the
purpose of committing any of the crimes punishable under the code. Illegal
association, it is not necessary that there be an actual meeting.
Illegal assembly, meeting and attendance at such meeting are punished; Illegal
associations, act of forming, organizing and membership are punished.
Illegal assembly, the person liable (a) the organizers or leaders and (b) persons
present at the meeting; Illegal association, (a) founders, directors and president
and
(b) members
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CHAPTER FOUR: ASSAULT UPON, AND RESISTANCE &

DISOBEDIENCE TO, PERSONS IN AUTHORITY AND
THEIR AGENTS (ARTS. 148-152)
ARTICLE 148
DIRECT
ASSAULT
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
sedition & rebellion.
Elements:
That the offender employs force or intimidation;
That 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
That there is no public uprising.
Offended party need NOT BE a person in authority or his agent, he may be a

private individual if the object is to attain an object of sedition.
2. Without public uprising, by attacking, by employing force or seriously

intimidating or by seriously resisting any person in authority (PA) or any of
his agents (APA), while engaged in the performance of official duties, or on
the occasion of such performance.
Elements:
That the offender:
Makes an attack – includes any offensive or antagonistic movement or
action of any kind (equivalent to aggression),
Employs force:
If the offended part is only an agent of a person in authority, the force
employed must be of serious as to indicate determination to defy the law and
its representative at all hazards.
However, it is important to determine whether the victim is a PA or APA.

Where the force employed on the agent of a person in authority is of a serious
character, including determination to defy the law and its representative, the
crime committed is direct assault.
If the victim is a PA, the degree of force employed against him is immaterial as
the mere laying of hands on him is sufficient (U.S. vs Gumban, G.R. No. L-
13658, November 9, 1918).
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If the victim is an APA, the violence, intimidation, or resistance employed by

the offender must be serious (U.S. vs Tabiana, G.R. No. L-11847 February 1,
1918).
Makes a serious intimidation (unlawful coercion, duress, putting someone in

fear, exertion of an influence in the mind which must be both immediate and
serious); or
The resistance must be active, not passive (Reyes, p. 135). .
Makes a serious resistance (if not serious, crime committed may be that
under Article 151 or resistance and disobedience);
That the person assaulted is a person in authority or his agent;

That at the time of the assault the person in authority or his agent:
Is engaged in the actual performance of official duties, or
That he is assaulted by reason of the past performance of his official duties;
That the offender knows that the one he is assaulting is a person in authority or
his agent in the exercise of his duties; and
That there is no public uprising.
Considered NOT in the actual performance of official duties:

When the PA or APA exceeds his powers or acts without
authority; Unnecessary use of force or violence;
Descended to matters which are private in nature.
Two kinds of direct assault of the second form:

Simple assault
Qualified assault
Direct assault is qualified when:
Committed with a weapon; or
Offender is a public officer or employee; or
Offender lays hands upon a person in authority.
Knowledge of the accused that the victim is a PA or APA is essential.
Evidence of motive of the offender is important when the person in authority or

his agent who is attacked or seriously intimidated is not in the actual
performance of his official duty.
Even when PA or APA agrees to fight, an attack made by accused constitutes

Direct Assault, except when the attack is made in lawful defense; the character
of a person in authority or his agent is not laid off at will but attaches to him
until he ceases to be in office.
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If Direct Assault is committed and as a result the PA or APA is killed, the

crime shall be the complex crime of Direct Assault with Homicide or Murder,
as the case may be.
If Direct Assault is committed and the PA or APA suffers Serious or Less

Serious Physical Injuries, the crime shall be a complex crime or Direct Assault
with Serious or Less Serious Physical Injuries.
The crime of slight physical injuries is absorbed in direct assault if committed

against an APA. If committed against a PA, it will be considered as a separate
offense.
The crime of direct assault is not committed when the PA or APA is suspended
or under suspension when he is attacked.
If the accused was also acting in the performance of his official duties, crime
committed may be coercion or physical injuries.
Direct Assault cannot be committed in times of rebellion or sedition because
Art. 148 requires that the assault be “without a public uprising” (People v.
Abalos, G.R. No. 88189, July 9, 1996).
ARTICLE 149
INDIRECT
ASSAULT
Elements:
That an APA is the victim of any of the forms of direct assault defined in Art.
148;
That a person comes to the aid of the APA;
That the offender makes use of force or intimidation upon such person coming
to the aid of the APA.
Indirect assault can be committed only when a direct assault is also committed.
The offended party in indirect assault may be a private person.
Under Art. 149, it was formerly required that

(a) direct assault is being committed against a PA or an APA; and
(b) a third party comes to the aid of the victim by virtue of the latter’s order or
request (U.S. v. Fortaleza, 12 Phil. 472). However, because of the amendment
of Art. 152 by R.A. 1978, a private individual coming to the aid of a PA is
himself deemed an APA.
Thus, the rules should be:

If the victim is a PA who is the subject of a Direct Assault, and the 3rd person
coming to his aid (who then becomes an APA) is likewise attacked, the crime
CRIMINAL LAW BOOK 2
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committed against the 3rd person will be Direct Assault, resistance or

disobedience depending on the degree of force or violence used by the offender.
If the victim is an APA, it depends: if Direct Assault is being committed
against the APA, the attack against the 3rd person will constitute Indirect
Assault; if only resistance or disobedience is being committed against the agent,
the attack against the 3rd person is either physical injuries or coercion as the
case may be (Regalado p. 416-417).
ARTICLE 150
DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL
ASSEMBLY, ITS COMMITTEES OR SUBCOMMITTEES, BY
THE CONSTITUTIONAL COMMISSION, ITS COMMITTEES,
SUBCOMMITTEE OR DIVISIONS
Acts punished:
Refusing, without legal excuse, to obey summons of Congress, or any
commission or committee chairman or member authorized to summon
witnesses;
Refusing to be sworn or placed under affirmation while before such legislative
or constitutional body or official;
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;
Restraining another from attending as a witness in such legislative or

constitutional body;
Inducing disobedience to summons or refusal to be sworn by any such body or
official.
The testimony of a person summoned must be upon matters into which the
legislature has jurisdiction to inquire.
Any of the acts punished herein may also constitute contempt.
ARTICLE 151
RESISTANCE & DISOBEDIENCE TO A PERSON IN AUTHORITY OR
THE AGENTS OF SUCH PERSON
Elements of resistance & serious disobedience:

Elements of resistance & serious disobedience:
That a PA or his APA is engaged in the performance of official duty or gives a
lawful order to the offender
That the offender resists or seriously disobeys such person in authority or his
agent and
That the act of the offender is not included in the provisions of Arts. 148-150.
Elements of simple disobedience:
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That an APA is engaged in the performance of official duty or gives a lawful

order to the offender
That the offender disobeys such APA and
That such disobedience is not of a serious nature.
The accused must have knowledge that the person giving the order is a peace
officer.
The disobedience contemplated consists in the failure or refusal to obey a direct

order from the PA or APA.
In the crime of resistance and disobedience the offender must have knowledge
that the person arresting is a PA or APA.
“Shall resist or seriously disobey”

The word “seriously” is not used to describe resistance, because if the offender
seriously resisted a person in authority or his agent, the crime is Direct Assault.
ARTICLE 152
PERSONS IN AUTHORITY & AGENTS OF PERSONS IN
AUTHORITY
Any person who comes to the aid of a person in authority may be considered as
an agent of a person in authority.
A barangay chairman shall be deemed a PA.
A barrio councilman, barrio policeman and barangay leader shall be deemed an
APA.
Teachers, professors, and persons in charge with the supervision of public or

duly recognized private schools, colleges and universities, and lawyers in the
actual performance of their professional duties or on the occasion of such
performance shall be deemed persons in authority, in applying Arts. 148 and
151.
“Directly vested with jurisdiction”
Means the power or authority to govern and execute the laws. (Reyes 2008., p.
137)
CHAPTER FIVE:
PUBLIC DISORDERS
(ARTS. 153-156)
ARTICLE 153
TUMULTS & OTHER DISTURBANCES OF PUBLIC ORDER
Acts punished:
Causing any serious disturbance in a public place, office or establishment
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Note: If disturbance is not serious in nature, alarms and sc andals under Art.
155 is committed.
Interrupting or disturbing public performances, functions or gatherings, or
peaceful meetings, if the act is not included in Arts. 131-132
Making an outcry tending to incite rebellion or sedition in any meeting,
association or public place
Note: If outcry was premeditated to incite, the crime committed is inciting to
rebellion or sedition.
Displaying placards or emblems which provoke a disturbance of public order in
such place
Burying with pomp the body of a person who has been legally executed.
Serious disturbance must be planned or intended.
Outcry
To shout spontaneously subversive or provocative words tending to stir up the
people so as to obtain by means of force or violence any of the objects of
rebellion or sedition. The outcry must be spontaneous, otherwise it would be
the same as inciting to rebellion or sedition.
Burying with pomp the body of a person

Ostentatious display of a burial.
The penalty next higher in degree shall be imposed upon persons causing any
disturbance or interruption of a tumultuous character.
It is tumultuous if caused by more than three persons who are armed or
provided with the means of violence. However, this is only a presumption juris
tantum, hence if the disturbance is in fact tumultuous it is immaterial that there
are no such armed persons. Conversely if the gathering is not in fact
tumultuous, it does not matter if there are such armed persons present on that
occasion.
If the act of disturbing or interrupting a meeting or religious ceremony is not
committed by public officers, or if committed by public officers they are
participants therein, Article 153 should be applied.
If the person who disturbs or interrupts the meeting or religious worship is a
public officer, he shall be liable under Art. 131 or 132.
Tumults and other disturbances can be complexed with direct assault if the
tumults and disturbances of public order are directed against a PA or APA.
ARTICLE 154
UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL
UTTERANCES
Acts punished:
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
The offender must know that the news is false, to be liable.
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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 .
The act of the offender of encouraging disobedience to the law or the
authorities punishable under this paragraph is different from inciting to sedition
which requires that the people rise publicly.
Maliciously publishing or causing to be published any official resolution or
document without authority, or before they have been published officially
Printing, publishing or distributing (or causing the same) books, pamphlets,
periodicals, or leaflets which do not bear the real printer’s name, or which are
classified as anonymous.
Note: Actual public disorder or actual damage to the credit of the State is not
necessary. The mere possibility of causing such damage is sufficient.
R.A. No. 248 prohibits the reprinting, reproduction or republication of

government publications and official documents without previous authority.
If the printer/owner of the printing establishment took part in the preparation
and publication of the libelous writings he shall be liable under Art. 360.
If the publication is both obscene and anonymous, the offenses cannot be
complexed as they involve different acts separately punished under this Article
and Art. 201 on obscene publications.
ARTICLE 155
ALARMS & SCANDALS
Acts punished:
Discharging any firearm, rocket, firecracker, or other explosive within any
town or public place, which produces alarm or danger.
Note: The discharge of the firearm should not be directed at a person.

Otherwise, the offense committed would be Discharge of Firearms under Art.
254.
It is the result, not the intent that counts. The act must produce alarm or danger
as a consequence.
The discharge may take place within one’s own home since the law does not
distinguish as to where in town.
According to Viada, the discharge of firecrackers and rockets during fiestas and
festivals are not covered by the law.
Instigating or taking an active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility.
Charivari
Includes a medley of discordant voices, a mock serenade of discordant noises
made on kettles, tins, horns, etc. designed to annoy or insult.
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The reason for punishing instigating or taking active part in charivari and other
disorderly meeting is to prevent more serious disorders.
Disturbing the public peace while wandering about at night or while engaged
in any other nocturnal amusements.
Causing any disturbance or scandal in public places while intoxicated or
otherwise, provided Art. 153 is not applicable.
If the disturbance is of a serious nature, the case will fall under Art. 153.
ARTICLE 156
DELIVERING PRISONERS FROM JAIL
Elements:
1. That there is a person confined in a jail or penal establishment;
2. That the offender removes therefrom such person, or helps the escape of
such person.
Committed in two ways:
1. By removing a prisoner confined in jail or penal institution – to take away a
person from confinement with or without the active participation of the
person released.
2. By helping said person to escape – furnish material means to facilitate
escape.
The prisoner may be a detention prisoner or one sentenced by virtue of a final

judgment.
This article applies even if the prisoner is in the hospital or asylum when he is
removed or when the offender helps his escape, because it is considered as an
extension of the penal institution.
If the offender is a public officer who is actually and presently in custody or
charge of the prisoner, (e.g. a guard on duty) he is liable for infidelity in the
custody of a prisoner under Art. 223.
But if the crime committed by the prisoner for which he is confined or serving
sentence is treason, murder, or parricide, the act of taking the place of the
prisoner in prison is that of an accessory under Art. 19, par. 3.
Liability of the prisoner who escapes:
a.If a DETENTION PRISONER, he is NOT criminally liable.
b.If a CONVICT by FINAL JUDGMENT, he is liable for evasion of
service of his sentence (Art. 157).
If the delivery of the prisoner was committed through bribery:
a. The BRIBER commits corruption of a public officer
(Art. 212) and delivering prisoners from jail.
b. The JAILER, if a public officer, commits infidelity in the custody of
prisoners (Art. 223) and bribery (Art. 210).
The PRISONER commits evasion of service of sentence (Art. 157) if he is
already convicted by final judgment.
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CHAPTER SIX: EVASION OF SERVICE OF SENTENCE

(ARTS. 157-159)
ARTICLE 157
EVASION OF SERVICE OF SENTENCE
Elements:
1. That the offender is a convict by final judgment;
2. That he is serving his sentence, which consists in deprivation of liberty;
3. That he evades the service of his sentence by escaping during the term of
his sentence.
Circumstances qualifying the offense: If such evasion or escape takes place:
1. By means of unlawful entry (this should be “by scaling”);
2. By breaking doors, windows, gates, walls, roofs or floors;
3. By using picklocks, false keys, disguise, deceit, violence, or intimidation;
4. Through connivance with other convicts or employees of the penal
institution.
The following cannot commit evasion of service of sentence:
a. Accused who escapes during appeal or a detention prisoner
b. Minor delinquents
c. Deportees
If the accused escaped while the sentence of conviction was under appeal, he is
not liable under Article 157, the judgment not having become final, and this is
true even if his appeal was later dismissed because he had escaped (Curiano vs.
Court of First Instance, G.R. L-8104, April 15, 1955).
Persons convicted under this Article are disqualified from the benefits of the
Indeterminate Sentence Law.
Escape
Flee from; to avoid; to get out of the way, as to flee to avoid arrest (Black’s
Law Dictionary, 4th ed., p. 640).
ARTICLE 158
EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR
OTHER CALAMITIES
Elements:
1. That the offender is a convict by final judgment, and is confined in a penal
institution;
2. That there is disorder, resulting from:
a. Conflagration,
b. Earthquake,
c. Explosion,
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d. Similar catastrophe,
e. Mutiny in which he has not participated;
3. That the offender leaves the penal institution where he is confined, on the
occasion of such disorder or during the mutiny;
4. That the offender fails to give himself up to the authorities within 48 hrs.
following the issuance of a proclamation by the Chief Executive
announcing the passing away of such calamity.
What is punished is not the leaving of the penal institution, but the failure of
the convict to give himself up to the authorities within 48 hours after the
proclamation announcing the passing away of the calamity.
If the offender fails to give himself up, he shall suffer an increase of 1/5 of the
time still remaining to be served under the original sentence, which shall not
exceed 6 months. If the offender gives himself up, he is entitled to a deduction
of 1/5 of his original sentence.
“Mutiny” in this article implies an organized unlawful resistance to a superior

officer; a sedition; a revolt (People vs. Padilla, C.A., 46 O.G. 2151).
If one partakes in the mutiny, he will be liable for the offenses which he
committed during the mutiny whether or not he returns.
ARTICLE 159
OTHER CASES OF EVASION OF SENTENCE
(CONDITIONAL PARDON)
Elements:
1. That the offender was a convict;
2. That he was granted a conditional pardon by the Chief Executive; and
3. That he violated any of the conditions of such pardon.
Violation of conditional pardon is a distinct crime. (This is according to Reyes);

According to Regalado, however, there are actually two views:
a. One is expressed in People v. Jose (75 Phil. 612) which states that it is
not a distinct crime, since the penalty is only the recommitment of the
convict to serve the portion of the sentence remitted by the pardon; hence
it is only a continuation of the original case.
b. The other view which is the more logical one is expressed in People v.
Martin (68 Phil. 122) which states that since the code imposes a specific
penalty of prision correccional in its minimum period if the unserved
portion is less than six years, it is therefore a distinct crime.
A conditional pardon is a contract between the Chief Executive who grants the
pardon and the convict who accepts it.
Offender can be arrested and reincarcerated without trial – in accordance with
Sec. 64(I) of the Revised Administrative Code.
The condition imposed upon the prisoner that he should not commit another
crime, extends to offenses punishable by special laws.
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Offender must be found guilty of the subsequent offense before he can be

prosecuted under Art 159.
The court cannot require the convict to serve the unexpired portion of the
original sentence if it does not exceed six years, the remedy is left to the
President who has the authority to recommit him to serve the unexpired portion
of his original sentence.
The period when convict was at liberty is not deducted in case he is
recommitted.
CHAPTER SEVEN: COMMISSION OF ANOTHER CRIME DURING

SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS
OFFENSE
ARTICLE 160
COMMISSION OF ANOTHER CRIME DURING THE SERVICE OF
PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE
(QUASI- RECIDIVISM)
Elements:
1. That the offender was already convicted by final judgment of one
offense;
2. That he committed a new felony before beginning to serve such sentence
or while serving the same.
A quasi-recidivist can be pardoned:
1. At the age of 70, if he shall have already served out his original
sentence (and not a habitual criminal); or
2. When he shall have completed it after reaching the said age, unless by
reason of his conduct or other circumstances, he shall not be worthy of
such clemency.
In reiteracion, the offender against whom it is considered shall already have

served out his sentence for the prior offenses.
Quasi-recidivism is a SPECIAL AGGRAVATING CIRCUMSTANCE which
cannot be offset by ordinary mitigating circumstances.
First crime for which the offender is serving sentence need not be a felony; but
the second crime must be a felony.
The word ‘another’ in Article 160 does not mean that the new felony which is
committed by a person already serving sentence is different from the crime for
which he is serving sentence.
Only considered as final judgment when the accused does not appeal anymore.
Quasi-recidivism does not require that the offense for which the convict is
serving and the new felony committed be embraced in the same title of the
RPC. While in recidivism, both the first and the second offenses must be
embraced in the same title of the RPC.
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Title Four: Crimes Against Public Interest
SECTION 1: FORGING THE SEAL OF THE GOVERNMENT OF

THE PHILIPPINE ISLANDS, THE SIGNATURE OR STAMP OF THE
CHIEF EXECUTIVE.
ARTICLE 161
COUNTERFEITING SEAL OF GOVERNMENT, SIGNATURE AND
STAMP OF PRESIDENT
Acts Punished:
1. Forging the Great Seal of the Government of the Philippines;
2. Forging the signature of the President;
3. Forging the stamp of the President.
If the signature of the President is forged, it is not falsification of public
document, but forging the signature of the Chief Executive.
ARTICLE 162
USE OF FORGED SIGNATURE, COUNTERFEIT SEAL OR STAMP
Elements:
1. That the seal of the Republic was counterfeited, or the signature or stamp of
the Chief Executive was forged by another person;
2. That the offender knew of the counterfeiting or forgery; and
3. That he used the counterfeit seal or forged signature or stamp.
The offender must NOT be the forger otherwise the crime committed is forgery
under Art. 161.
In using the forged signature or stamp of the President or forged seal, the
participation of the offender is in effect that of an accessory. Although the
general rule is that he should be punished by a penalty two (2) degrees lower,
under Article 162 he is punished by a penalty only one degree lower.
SECTION TWO:COUNTERFEITING COINS
ARTICLE 163
MAKING AND IMPORTING AND UTTERING FALSE COINS
Elements:
1. That there be false or counterfeited coins;
2. That the offender either made, imported or uttered such coins; and
3. That in case of uttering such false or counterfeited coins, he connived with
the counterfeiters or importers.
A coin is false or counterfeited, if it is forged or if it is not authorized by the

Government as legal tender, regardless of its intrinsic value.
CRIMINAL LAW BOOK 2

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Counterfeiting
Means the imitation of a legal or genuine coin.
There is counterfeiting when a spurious coin is made. There must be an
imitation of the peculiar design of a genuine coin.
Uttering
Means to pass counterfeited coins
Uttering includes delivery or the act of giving them away.
It is uttered when it is paid even though the utterer may not obtain the gain he
intended.
Kinds of coins the counterfeiting of which is punished:
1. Silver coins of the Philippines or coin of the Central Bank;
2. Coin of the minor coinage of the Philippines or the Central Bank;
3. Coin of the currency of a foreign country.
Former coins withdrawn from circulation may be counterfeited.
Pars. 1 and 2 of Art. 163 mention “coin” without any qualifications.
As regards par. 3, the use of the word “currency” is not correct because the
Spanish text uses the word “moneda” which embraces not only those that are
legal tender but also those out of circulation.
ARTICLE 164
MUTILATION OF COINS – IMPORTATION AND UTTERANCE OF
MUTILATED COINS
Acts punished:
1. Mutilating coins of the legal currency, with the intent to damage or to
defraud another;
2. Importing and uttering such mutilated coins, with the further requirement
that there must be connivance with the mutilator or importer in case of
uttering.
The coin must be of legal tender or current coins of the Philippines and not of a
foreign country.
Mutilation
Means to take off part of the metal either by filing it or substituting it for
another metal of inferior quality. It is to diminish by ingenious means the metal
in the coin, and thus diminish its intrinsic value.
ARTICLE 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT
CONNIVANCE
Acts Punished:
1. Possession of coin, counterfeited or mutilated by another with intent to
utter the same knowing that it is false or mutilated;
Elements:
a. Possession;
CRIMINAL LAW BOOK 2

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b. With intent to utter; and

c. Knowledge.
2. Actually uttering false or mutilated coin, knowing it to be false or mutilated.
Elements:
a. Actually uttering; and
b. Knowledge.
It does NOT require that the false coin is legal tender. But if the coin being
uttered or possessed with intent to utter is a mutilated coin, it must be a legal
tender coin.
The possession prohibited in Art. 165 is possession in general, that is, not only
actual, physical possession but also constructive possession or the subjection of
the thing to one’s control, otherwise offenders could easily evade the law by
the mere expedient of placing other persons in actual, physical possession of
the thing although retaining constructive possession or actual control thereof
(People vs. Andrada, 11 C.A. Rep. 147).
Actually uttering false or mutilated coin, knowing it to be false or mutilated, is
a crime under Art. 165, even if the offender was not in connivance with the
counterfeiter or mutilator.
SECTION THREE: FORGING TREASURY OR BANK NOTES,

OBLIGATIONS AND SECURITIES; IMPORTING AND
UTTERING FALSE OR FORGED NOTES, OBLIGATIONS AND
SECURITIES
ARTICLE 166
FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS
PAYABLE TO BEARER; IMPORTING AND UTTERING THE SAME
Acts Punished
1. Forging or falsification of treasury or bank notes or other documents
payable to bearer;
Forging
Committed by giving to a treasury or bank note or any instrument payable to
bearer or to order the appearance of a true and genuine document.
Falsification
Committed by erasing, substituting, counterfeiting, or altering by any means,
the figures, letters, words, or signs contained therein (Art. 169).
2. Importation of the same: it means to bring them into the Philippines,

which presupposes that the obligations or notes are forged or falsified in a
foreign country.
3. Uttering the same in connivance with forgers or importers: it means
offering obligations or notes knowing them to be false or forged, whether
such offer is accepted or not, with a representation, by words or actions,
that they are genuine and with an intent to defraud.
CRIMINAL LAW BOOK 2

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What may be forged or falsified under Article 166:

1. Treasury or bank notes;
2. Certificates;
3. Other obligations and securities, payable to bearer.
The Code punishes forging or falsification of bank notes and of documents of

credit payable to bearer and issued by the State more severely than
counterfeiting of coins because the first tends to bring such documents into
discredit and produces a lack of confidence on the part of the holders of the
said documents to the prejudice of the interests of the society and the State.
Moreover, it is easier to forge or falsify such certificates, notes, etc. and the
profit derived therefrom is greater and the incentive for its commission is more
powerful. (U.S. vs. Gardner 3 Phil 403)
The falsification of Philippine National Bank (PNB) checks is not forgery
under Art. 166 of RPC but falsification of commercial documents under Art
172 in connection with Art. 171 of the Code.
ARTICLE 167
COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENTS
NOT PAYABLE TO BEARER
Elements:
1. That there be an instrument payable to order or other document of credit
NOT payable to bearer;
2. That the offender either forged, imported or uttered such instrument; and
3. That in case of uttering, he connived with the importer or forger.
Counterfeiting under Art. 167 must involve an instrument payable to order or

other document of credit not payable to bearer.
Forgery of currency is punished so as to maintain the integrity of the currency
and thus insure the credit standing of the government and prevent the
imposition on the public and the government of worthless notes or obligations
(People vs. Galano, C.A.,54 O.G. 5897, as cited in Reyes).
The utterer should not be the forger, otherwise, connivance is obviously not
required, for he can be held liable as a forger of the instrument. (People vs.
Orqueza, 14 C.A. Rep. 730, as cited in Reyes)
ARTICLE 168
ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK
NOTES AND OTHER INSTRUMENTS OF CREDIT
Elements:
1. That the treasury or bank note or certificate or other obligation and
securities payable to bearer or any instrument payable to order or other
document of credit not payable to bearer is forged or falsified by another;
2. That the offender knows that any of these instruments is forged or falsified;
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3. That he performs any of these acts:

a. Using any of such forged or falsified instruments; or
b. Possessing with intent to use, any of the forged or falsified documents.
Possession of false treasury or bank notes alone is not a criminal offense. For it
to constitute an offense, possession must be with intent to use said false
treasury or bank notes (People vs. Digoro, G.R. No. L-22032, March 4, 1966).
The accused must have knowledge of the forged character of the note.
A person in possession of falsified document and who makes use of the same is
presumed to be the material author of falsification.
ARTICLE 169
HOW FORGERY IS COMMMITTED
How committed:
1. By giving to a treasury or bank note or any instrument payable to bearer or
to order the appearance of a true and genuine document;
2. By erasing, substituting, counterfeiting, or altering by any means the
figures, letters, words or signatures contained therein.
PD 247 penalizes defacement, mutilation, tearing, burning or destroying of

Central Bank notes and coins.
It includes falsification and counterfeiting.
ANTI-MONEY LAUNDERING ACT

R.A. No. 9194
Money laundering
Is a crime whereby the proceeds of an unlawful activity as herein defined are
transacted, thereby making them appear to have originated from legitimate
sources. It is committed by the following:
a. Any person knowing that any monetary instrument or property
represents, involves, or relates to, the proceeds of any unlawful activity,
transacts or attempts to transact said monetary instrument or property.
b. Any person knowing that any monetary instrument or property involves
the proceeds of any unlawful activity, performs or fails to perform any act
as a result of which he facilitates the offense of money laundering referred
to in paragraph (a) above.
c. Any person knowing that any monetary instrument or property is
required under this Act to be disclosed and filed with the Anti-Money
Laundering Council (AMLC), fails to do so" (Sec 4).
Covered transaction'
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It is a transaction in cash or other equivalent monetary instrument involving a

total amount in excess of Five hundred thousand pesos (PhP 500,000.00)
within one (1) banking day (Sec 1).
Suspicious transaction
Are transactions with covered institutions, regardless of the amounts involved,
where any of the following circumstances exist:
1. there is no underlying legal or trade obligation, purpose or economic
justification;
2. the client is not properly identified;
3. the amount involved is not commensurate with the business or financial
capacity of the client;
4. taking into account all known circumstances, it may be perceived that the
client's transaction is structured in order to avoid being the subject of
reporting requirements under the Act;
5. any circumstances relating to the transaction which is observed to deviate
from the profile of the client and/or the client's past transactions with the
covered institution;
6. the transactions is in a way related to an unlawful activity or offense under
this Act that is about to be, is being or has been committed; or
7. any transactions that is similar or analogous to any of the foregoing (Sec
2).
Unlawful activity refers to any act or omission or series or combination thereof

involving or having direct relation to following:
a. Kidnapping for ransom under Article 267 of Act No. 3815, otherwise
known as the Revised Penal Code, as amended;
b. Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of Republic Act No.
9165, otherwise known as the Comprehensive Dangerous Act of 2002;
c. Section 3 paragraphs B, C, E, G, H and I of republic Act No. 3019, as
amended, otherwise known as the Anti-Graft and Corrupt Practices Act;
d. Plunder under Republic Act No. 7080, as amended;
e. Robbery and extortion under Articles 294, 295, 296,
299, 300, 301 and 302 of the Revised Penal Code, as amended;
f. Jueteng and Masiao punished as illegal gambling under Presidential
Decree No. 1602;
g. Piracy on the high seas under the Revised Penal Code, as amended and
Presidential under the Revised Penal Code, as amended and Presidential
Decree No. 532;
h. Qualified theft under Article 310 of the Revised Penal Code, as amended;
i. Swindling under Article 315 of the Revised PenalCode, as amended;
j. Smuggling under Republic Act Nos. 455 and 1937;
k. Violations under Republic Act No. 8792, otherwise known as the
Electronic Commerce Act of 2000;
l. Hijacking and other violations under Republic Act No. 6235; destructive
arson and murder, as defined under the Revised Penal Code, as amended,
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including those perpetrated by terrorists against non-combatant persons

and similar targets;
m.Fraudulent practices and other violations under Republic Act No. 8799,
otherwise known as the Securities Regulation Code of 2000;
n. Felonies or offenses of a similar nature that are punishable under the
penal laws of other countries (Sec 3).
SECTION FOUR: FALSIFICATION OF LEGISLATIVE, PUBLIC,

COMMERCIAL AND PRIVATE DOCUMENTS AND WIRELESS,
TELEGRAPH AND TELEPHONE MESSAGES
ARTICLE 170
FALSIFICATION OF LEGISLATIVE DOCUMENTS
Elements:
1. That there be 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. The offender alters the same;
3. That he has no proper authority therefor; and
4. That alteration changed the meaning of the document.
The bill, resolution, or ordinance must be genuine. Offender may be private

individual or a public officer.
The act of falsification is limited to altering that which changes its meaning.
Hence, other acts of falsification, even in legislative documents, are punished
either in Art. 171 or under Art. 172.
R.A. 248 prohibits the reprinting, reproduction or republication of government
publications and official documents without previous authority.
ARTICLE 171
FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY
OR ECCLESIASTICAL MINISTER
Elements:
1. That the offender is a public officer, employee or notary public or
ecclesiastical minister;
The ecclesiastical minister is liable under this article if he shall commit any of
the acts of falsification with respect to any record or document of such
character that its falsification may affect the civil status of persons.
2. That he takes advantage of his official position when:
a. He has the duty to make or prepare or otherwise intervene in the
preparation of the document;
b. He has the official custody of the document which he falsifies.
If he did not take advantage of his official position, he would be guilty of
falsification of public document by a private individual under Art. 172.
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3. The offender falsifies a document.

4.
Document
It is any written statement by which a right is established or an obligation
extinguished or by which a fact may be proven or affirmed.
The document must be complete or at least it must have the appearance of a
true and genuine document.
The document must be of apparent legal efficacy.
In the 1st, 2nd, 6th, 7th (second part) and 8th mode of falsification, there must
be a GENUINE DOCUMENT.
In the other paragraphs of Art. 171, falsification may be committed by
simulating or fabricating a document.
Different Modes of Falsifying a Document:
A. Counterfeiting or imitating (feigning) any handwriting, signature or

rubric.
Requisites:
1. That there be an intent to imitate or an attempt to imitate; and
2. The two signatures or handwritings, the genuine and the forged bear some
resemblance to each other.
Counterfeiting
Imitating any handwriting, signature or rubric
Imitating (feigning)
Simulating a signature, handwriting, or rubric out of one which does not in fact
exist
If there is no attempt whatsoever by the accused to imitate the signatures of the

other person so that they are entirely unlike the genuine signature, the accused
may be found guilty under the second mode of falsifying a document.
B. Causing it to appear that persons have participated in an act or

proceeding when they did not in fact so participate.
Requisites:
1. That the offender caused it to appear in a document that a person or
persons participated in an act or proceeding; and
2. That such persons did not in fact so participate in the act or proceeding.
The imitation of the signature of the offended party is not necessary in this
mode of falsification.
C. Attributing to persons who have participated in any act or proceeding

statements other than those in fact made by them.
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Requisites:
1. That a person or persons participated in an act or proceeding;
2. That such person or persons made statements in that act or proceeding;
3. That the offender in making a document, attributed to such person,
statements other than those in fact made by such person or persons.
D. Making untruthful statements in a narration of

facts. Requisites:
1. That the offender makes in a document statements in a narration of facts;
2. That he has the legal obligation to disclose the truth of the facts narrated
by him;
3. That the facts narrated by the offender are absolutely false; and
4. That the perversion of truth in the narration of facts was made with the
wrongful intent of injuring a third person.
There must be narration of facts, not a conclusion of law.
Legal obligation means that there is a law requiring the disclosure of the facts
narrated.
The facts must be absolutely false. The crime of falsification is not violated if
there is some colorable truth in the statements of the accused.
Wrongful intent not essential when the document falsified is public document.
If the narration of facts is contained in an affidavit or a statement required by
law to be sworn to, the crime committed is perjury.
The person making the narration of facts must be aware of the falsity of the
facts narrated by him (Reyes, p. 225).
E. Altering true dates.

Date must be essential.
The alteration of the date or dates in a document must affect either the veracity
of the document or the effects thereof.
Alteration of dates in official receipts to prevent discovery of malversation is
falsification.
F. Making alteration or intercalation in a genuine document which

changes its meaning.
Requisites:
1. That there be an alteration (change) or intercalation (insertion) on a
document;
2. That it was made on a genuine document;
If the document is not genuine, the crime of estafa is committed.
3. That the alteration or intercalation has changed the meaning of the
document;
4. That the change made the document speak something false.
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Alteration which speaks the truth is not falsification. The idea of deception is
inherent in the word alteration — of making the instrument speak something
which the parties did not intend it to speak.
G. Issuing in an authenticated form a document purporting to be a

copy of an original document when no such original exists or including
in such a copy a statement contrary to or different from that of the
genuine original.
CANNOT be committed by a private individual or by a notary public or public

officer who DOES NOT take advantage of his official position.
Intent to gain or prejudice is not necessary, because it is the interest of the

community which is intended to be guaranteed by the strict faithfulness of the
officials charged with the preparation and preservation of the acts in which they
intervene.
H.Intercalating any instrument or note relative to the issuance thereof in

a protocol, registry or official book.
ARTICLE 172
FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF
FALSIFIED DOCUMENTS
Acts punished:
1. Falsification of public, official or commercial document by a private
individual.
Elements:
a. The offender is a private individual or a public officer or employee who
did not take advantage of his official position; and
b. That he committed any of the acts of falsification enumerated in Art.171
(Pars.1-6);
c. That the falsification was committed in a public or official or commercial
document.
Public document
A document created, executed or issued by a public official in response to the
exigencies of the public service, or in the execution of which a public official
intervened; any instrument authorized by a notary public or a competent public
official, with the solemnities required by law.
Official document
A document which is issued by a public official in the exercise of the functions
of his office.
Commercial document
Any document defined and regulated by the Code of Commerce or any other
commercial laws.
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2. Falsification of private document by any person. Elements:

a. That the offender committed any of the acts of falsification, except those
in par. 7, enumerated in Art.171;
b. That the falsification was committed in a private document;
c. That the falsification caused damage to a third party or at least the
falsification was committed with the intent to cause such damage.
Private document
A deed or instrument executed by a private person without the intervention of a
notary public or other person legally authorized, by which document some
disposition or agreement is proved, evidenced or set forth.
Mere falsification of private document is not enough. Two things are required:
i. He must have falsified the same; and
ii. He must have performed an independent act which operates to the
prejudice of third persons.
Damage need not be material, damage to one’s honor is included.
There is no crime of estafa through falsification of a private document because

the immediate effect of falsification of private document is the same as that of
estafa.
Generally, falsification is consummated when the genuine document is altered

or the moment the false document is
executed. It is immaterial that the offender did not achieve his objective.
3. Use of falsified documents. Elements:

a. Introducing in a judicial proceeding
i. That the offender knew that the document was falsified by another
person;
ii. That
the false document was embraced in Art. 171
or in any of subdivision No.1 or 2 of Art. 172;
iii. That he introduced said document in evidence in any
judicial proceeding.
Note: No damage is required.
b. Use inany other transaction

i. Thatthe offender knew that the document was falsified by another
person;
ii. That the false document was embraced in Art. 171
or in any of subdivision No. 1 or 2 of Art. 172;
iii. That he used such document (not in judicial proceeding);
iv. That the use of the false document caused damage to another or at
least it was used with intent to cause damage.
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Note:
If a person knowingly offers in evidence a FALSE WITNESS OR
TESTIMONY, Art. 184 should apply.
If a person makes, presents or uses 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, such person is
liable under PD 1829.
There is no falsification of private document through reckless imprudence.
Falsification is consummated the moment the genuine document is altered or

the moment the false document is executed. It is immaterial that the offender
did not achieve his objective.
ARTICLE 173
FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH
AND TELEPHONE MESSAGES AND USE OF SAID
FALSIFIED MESSAGES
Acts punished:
1. Uttering fictitious wireless, telegraph, or telephone messages;
2. Falsifying wireless, telegraph or telephone messages.
Elements:
a. That the offender is an officer or employee of the Government or an
officer or an employee of a private corporation, engaged in the service of
sending or receiving wireless, cable or telephone message; and
b. That he commits any of the above acts.
3. Using such falsified messages.

With respect to No. 3, the offender need not be connected to the government or
to such corporation.
Elements:
a. That the accused knew that the wireless, cable, telegraph or telephone
message was falsified by any person specified in 1st paragraph of Art.173;
b. That the accused used such falsified dispatch; and
c. That the use of the falsified dispatch resulted in the prejudice of a third
party, or that the use thereof was with the intent to cause such prejudice.
Act No. 1851, Sec. 4, punishes private individuals who forge or alter telegram.
SECTION FIVE: FALSIFICATION OF MEDICAL CERTIFICATES,

CERTIFICATES OF MERIT OR SERVICE AND THE LIKE
ARTICLE 174
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FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF

MERIT OR SERVICE
Persons liable:
1. Physician or surgeon who, in connection with the practice of his
profession, issued a false certificate; The crime is False Medical Certificate
by a physician.
Public officer who issued a false certificate of merit or service, good conduct or
similar circumstances;
2. The crime is False Certificate of Merit or Service by a public officer.
3. Private individual who falsified a certificate falling in the classes
mentioned in Nos. 1 and 2.
The crime is False Medical Certificate by a private individual or False

Certificate of Merit or Service by a private individual.
Certificate
Is any writing by which testimony is given that a fact has or has not taken place.
The phrase “or similar circumstances” in Art. 174 does not seem to cover
property, because the circumstance contemplated must be similar to “merit,”
“service,” or “good conduct.”
ARTICLE 175
USING FALSE CERTIFICATES
Elements:
1. That a false certificate mentioned in the preceding article was issued;
2. That the offender knew that the certificate was false; and
3. That he used the same.
When the false certificates in the preceding article is used in a judicial

proceeding, Art. 175 will apply. The use of false document in judicial
proceeding under Art 172 is limited to those false documents mentioned in Arts.
171 and 172.
SECTION SIX: MANUFACTURING, IMPORTING AND POSSESSION

OF INSTRUMENTS OR IMPLEMENTS INTENDED FOR THE
COMMISSION OF FALSIFICATION
ARTICLE 176
MANUFACTURING AND POSSESSION OF INSTRUMENTS AND
IMPLEMENTS FOR FALSIFICATION
Acts punished:
1. Making or introducing into the Philippines any stamps, dies, marks, or
other instruments or implements for counterfeiting or falsification;
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2. Possessing with intent to use the instruments or implements for

counterfeiting or falsification made in or introduced into the Philippines by
another person.
It is not necessary that the implements confiscated form a complete set for
counterfeiting, it being enough that they may be employed by themselves or
together with other implements to commit the crime of counterfeiting or
falsification.
Arts. 165 and 176 punish not only actual, physical possession, but also
constructive possession or the subjection of the thing to one’s control.
CHAPTER TWO: OTHER FALSITIES

(ARTS. 177- 184)
SECTION ONE: USURPATION OF AUTHORITY, RANK, TITLE AND

IMPROPER USE OF NAMES, UNIFORMS AND INSIGNIA
ARTICLE 177
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS
Two offenses contemplated in Art. 177:

1. Usurpation of authority
2. Usurpation of official functions
How committed:
1. By knowingly misrepresenting oneself to be an officer, agent or
representative of the Government, whether local, national or foreign;
Note: In usurpation of authority, the mere act of knowingly and falsely
representing oneself to be an officer, etc. is sufficient. It is not necessary that he
performs an act pertaining to a public officer.
2. By performing any act pertaining to a person in authority or public
officer of the Government under the pretense of official position and
without authority.
Note: In usurpation of official functions, it is essential that the offender should
have performed an act pertaining to a person in authority or public officer, in
addition to other requirements.
Usurper is “one who introduces himself into an office that is vacant, or who
without color of title, ousts the incumbent and assumes to act as an officer by
expressing some of the functions of the office” (People vs. Buenaflor, C.A., 72
O.G. 364, as cited in Reyes).
It may be violated by a public officer.
It does not apply to an occupant under color of title
Republic Act No. 75 provides penalty for usurping authority of diplomatic,
consular or other official of a foreign government in addition to the penalty
imposed by the RPC
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There must be a positive, express, and explicit representation on the part of the
offender.
The acts performed must pertain to:
1. The Government
2. To any person in authority
3. To any public officer
ARTICLE 178
USING FICTITIOUS NAME AND CONCEALING TRUE NAME
Elements: (Using Fictitious Name)

1. That the offender uses a name other than his real name;
2. That he uses that fictitious name publicly; and
3. That the purpose of the offender is —
a. To conceal a crime;
b. To evade the execution of a judgment; or
c. To cause damage to public interest
Damage must be to public interest. If damage is to private interest, the crime

will be estafa under Art. 315, 2(a).
Signing fictitious name in an application for passport is publicly using such
fictitious name (U.S. vs. To Lee Piu, G.R. No. 11522, September 26, 1916).
Elements: (Concealing True Name)

1. That the offender conceals:
a. His true name, AND
b. All other personal circumstances;
2. That the purpose is only to conceal his identity.
Fictitious name
Any other name which a person publicly applies to himself without authority of
law.
The crimes under this Article may be complexed with the crime of delivering
prisoners from jail, but may not be complexed with evasion of service of
sentence.
COMMONWEALTH ACT NO. 142, as amended by REPUBLIC ACT NO.

6085
An Act Regulating the Use of Aliases
General rule: No person shall use any name different from the one with which
he was registered at birth in the office of the local civil registry, or with which
he was registered in the Bureau of Immigration upon entry, or such substitute
name as may have been authorized by a competent court.
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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.
Any person desiring to use an alias shall apply for authority therefor in
proceedings like those legally provided to obtain judicial authority for a change
of name.
No person shall be allowed to secure such judicial authority for more than one
alias.
The petition for an alias shall set forth:
1. The person’s baptismal and family name and the name recorded in the civil
registry, if different, his immigrant’s name, if an alien, and his pseudonym,
if he has such names other than his original or real name,
2. The reason or reasons for the use of the desired alias.
The judicial authority for the use of alias, the Christian name and the alien’s
immigrant name shall be recorded in the proper local civil registry, and no
person shall use any name or names other than his original or real name unless
the same is or are duly recorded in the proper local civil registry.
No person having been baptized with a name different from that with which he
was registered at birth in a local civil registry, or in case of an alien, registered
in the Bureau of Immigration upon entry, or any person who obtained judicial
authority to use an alias, or who uses a pseudonym, shall represent himself in
any public or private transaction or shall sign or execute any public or private
document without stating or affixing his real or original name and all names or
aliases or pseudonym he is or may have been authorized to use.
ARTICLE 179
ILLEGAL USE OF UNIFORMS OR INSIGNIA
Elements:
1. That the offender makes use of insignia, uniform or dress;
2. That 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. That said insignia, uniform or dress is used publicly and improperly.
Wearing the uniform of an imaginary office is NOT punishable. The office

must actually exist.
An EXACT IMITATION of a uniform or dress is UNNECESSARY.
Republic Act No. 493 punishes the wearing of insignia, badge or emblem of
rank of the members of the Armed Forces of the Philippines or Constabulary.
Republic Act No. 75 punishes the unauthorized wearing of
any naval, military, police or other official uniform, decoration or regalia of a
foreign State or one nearly resembling the same, with intent to deceive or
mislead.
Executive Order No. 297 punishes the illegal manufacture, sale, distribution
and use of PNP uniforms, insignias and other accoutrements.
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SECTION TWO: FALSE TESTIMONY

False testimony
It is committed by any person who, being under oath, and required to testify as
to the truth of a certain matter at a hearing before a competent authority, shall
deny the truth or say something contrary to it.
Three forms of false testimony
1. False Testimony in Criminal Cases (Arts. 180-181)
2. False Testimony in Civil Cases (Art. 182)
3. False Testimony in other cases (Art. 183)
ARTICLE 180
FALSE TESTIMONY AGAINST A DEFENDANT
Elements:
1. That there be a criminal proceeding;
2. That the offender testifies falsely under oath against the defendant
therein;
3. That the offender who gives false testimony knows that it is false;
Good faith is a defense
4. That the defendant against whom the false testimony is given is either
acquitted or convicted in a final judgment.
Penalty depends upon the sentence of the defendant against whom false
testimony was given.
Defendant must be sentenced to at least a correctional penalty or a fine, or must
be acquitted.
The offender is liable even if his testimony was not considered by court. The
law intends to punish the mere giving of false testimony.
The testimony must be complete.
Art. 180 applies to Special Penal Laws because Special Penal Laws follow the
nomenclature of the RPC.
ARTICLE 181
FALSE TESTIMONY FAVORABLE TO THE DEFENDANT
The false testimony in favor of the defendant need not directly influence the
decision of the acquittal and it need not benefit the defendant.
Conviction or acquittal of defendant in principal case is not necessary.
False testimony is punished not because of the effect it actually produces but
because of its tendency to favor or to prejudice the defendant.
A defendant who falsely testifies in his own behalf in a criminal case can only
be guilty of Art. 181 when he voluntarily goes upon the witness stand and
falsely imputes to some other person the commission of a grave offense. If he
merely denies the commission of the crime or his participation therein, he
should not be prosecuted for false testimony (U.S. vs. Soliman, G.R. No. L-
11555, January 6, 1917).
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Testimony must be complete. Rectification made spontaneously after realizing

the mistake is not false testimony.
ARTICLE 182
FALSE TESTIMONY IN CIVIL CASES
Elements:
1. That the testimony must be given in a civil case;
2. That the testimony must relate to the issues presented in said case;
3. That the testimony must be false;
4. That the false testimony must be given by the defendant knowing it to be
false; and
5. That the testimony must be malicious and given with an intent to affect the
issues presented in said case.
Art. 182 is NOT applicable when the false testimony is given in special
proceedings.
Civil case
An ordinary suit in a court of justice, by which one party prosecutes another for
the enforcement or protection of a right, or the prevention or redress of a wrong
and that every other remedy is a special proceeding (People vs. Hernandez 67
O.G. 8330).
The criminal action for false testimony must be suspended when there is a
pending determination of the falsity of the subject testimonies of private
respondents in the civil case (Ark Travel Express vs. Judge Abrogar; G.R. No.
137010. August 29, 2003).
ARTICLE 183
PERJURY
Two ways of committing perjury:

1. By falsely testifying under oath
2. By making a false affidavit
Falsely testifying under oath proceeding
Testimony must be complete.
Elements:
1. That the accused made a statement under oath or
2. That the statement or affidavit was made before a competent officer
authorized to receive and administer oath;
3. That in that statement or affidavit, the accused made a willful statement
of falsehood and
4. That the sworn statement or affidavit containing the falsity is required by
law.
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Note: However, in People v. Angangco (G.R. No. L- 47693, Oct.12, 1943), the
SC held that the statement need not be required but that it was sufficient if it
was AUTHORIZED by law to be made.
Material matter
Is the main fact which is the subject of the inquiry or any circumstance which
tends to prove that fact or any fact or circumstance which tends to corroborate
or strengthen the testimony relative to the subject of inquiry, or which
legitimately affects the credit of any witness who testifies.
Affidavit
A sworn statement in writing; a declaration in writing, made upon oath before
an authorized magistrate or officer.
Art 183 governs in false testimony given in cases other than those punished in
Arts 180-182, and in actions for perjury.
Good faith or lack of malice is a defense in perjury.
There is no perjury if sworn statement is not material to the principal matter

under investigation.
There is no perjury through negligence or imprudence since the word

‘knowingly’ under Article 183 suggests that the assertion of falsehood must be
willful and deliberate.
Two contradictory sworn statements are not sufficient to convict of perjury.

The prosecution must prove which of the two statements is false, and must
show that statement to be false by other evidence than the contradictory
statement.
Competent person authorized to administer oath
A person who has a right to inquire into the questions presented to him upon
matters under his jurisdiction
Subornation of perjury
Is committed by a person who knowingly and willfully procures another to
swear falsely and the witness suborned does testify under the circumstances
rendering him guilty of perjury.
Subornation of perjury is NOT expressly penalized in the RPC, but the direct
induction of a person by another to commit a perjury may be punished under
Art. 183 in relation to Art. 17.
ARTICLE 184
OFFERING FALSE TESTIMONY IN
Elements: EVIDENCE
1. That the offender offered in evidence a false witness or testimony;
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2. That he knew the witness or testimony was false; and

3. That the offer was made in a judicial or official proceeding.
Art. 184 does not apply when the offender induced a witness to testify falsely.
Art. 184 applies when the offender knowingly presented a false witness, and
the latter testified falsely.
Testimony must be complete.
Penalty is that for false testimony if committed in a judicial proceeding and the
penalty is that for perjury if committed in other official proceeding.
CHAPTER THREE: FRAUDS

(ARTS. 185-189)
SECTION ONE: MACHINATIONS, MONOPOLIES, AND

COMBINATIONS
ARTICLE 185
MACHINATIONS IN PUBLIC AUCTIONS
Acts punished:
1. Soliciting any gift or promise as a consideration for refraining from taking
part in any public auction.
Elements:
a. That there be a public auction;
b. That the accused solicited any gift or a promise from any of the bidders;
c. That such gift or promise was the consideration for his refraining from
taking part in that public auction; and
d. That the accused had the intent to cause the reduction of the price of the
thing auctioned.
Consummated by mere solicitation.
2. Attempting to cause bidders to stay away from an auction by threats, gifts,

promises or any other artifice.
Elements:
a. That there be a public auction;
b. That the accused attempted to cause the buyers to stay away from that
public auction;
c. That it was done by threats, gifts, promises or any other artifice; and
d. That the accused had the intent to cause the reduction of the price of the
thing auctioned.
Consummated by mere attempt.
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ARTICLE 186
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
Acts punished:
1. Combination or conspiracy to prevent free competition in the market.
By entering into any contract or agreement or taking part in any conspiracy or
combination in the form of a trust or otherwise, in restraint of trade or
commerce or to prevent by artificial means free competition in the market.
2. Monopoly to restrain free competition in the market.
By monopolizing any merchandise or object of trade or commerce, or by
combining with any other person or persons to monopolize said merchandise or
object 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.
3. Making transactions prejudicial to lawful commerce or to increase the
market price of merchandise.
The person liable is the:
a.Manufacturer,
b.Producer,
c.Processor, or
d.Importer of any merchandise or object of commerce.
The crime is committed by (1) combining, (2) conspiring, or (3) agreeing with
any person.
The purpose is (1) to make transactions prejudicial to lawful commerce, or (2)
to increase the market price of any merchandise or object of commerce
manufactured, produced, processed, assembled or imported into the Philippines.
Mere conspiracy or combination is punished.
If the offense affects any food substance or other particles of prime necessity, it
is sufficient that initial steps are taken.
When offense is committed by a corporation or association, the president and
directors or managers are liable when they (1) knowingly permitted or (2)
failed to prevent the commission of such offenses.
SECTION TWO: FRAUDS IN COMMERCE AND INDUSTRY
ARTICLE 187
IMPORTATION AND DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER OR
OTHER PRECIOUS METALS OR THEIR ALLOYS
Articles or merchandise involved:

Those made of –
1. Gold,
2. Silver,
3. Other precious metals, or
4. Their alloys.
Elements:
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1. That the offender imports sells or disposes any of those articles or

merchandise;
2. That the stamps, brands or marks of those articles or merchandise fail to
indicate the actual fineness or quality of said metal or alloy; and
3. That the offender knows that the stamps, brands, or marks fail to indicate
the actual fineness or quality of said metal or alloy.
Selling the misbranded articles is NOT necessary.

Art. 187 does not apply to the manufacturer of misbranded articles. The
manufacturer is liable for Estafa under Art. 315 subdivision 2(b) of the RPC.
Note: Arts. 188 and 189 have been REPEALED by the Intellectual Property
Code.

Intellectual Property Code
Intellectual Property Rights consists of:

1. Copyright and Related Rights;
2. Trademarks and Service Marks;
3. Geographic Indications;
4. Industrial Designs;
5. Patents;
6. Layout-Designs (Topographies) of Integrated Circuits; and
7. Protection of Undisclosed Information
Technology transfer arrangements
Contracts or agreements involving the transfer of systematic knowledge for the
manufacture of a product, the application of a process, or rendering of a service
including management contracts; and the transfer, assignment or licensing of
all forms of intellectual property rights, including licensing of computer
software except computer software developed for mass market.
Criminal action for repetition of infringement
If infringement is repeated by the infringer or by anyone in connivance with
him after finality of the judgment of the
court against the infringer, the offenders shall, without prejudice to the
institution of a civil action for damages, be criminally liable therefor.
The making, using, offering for sale, selling, or importing a patented product or
a product obtained directly or indirectly from a patented process, or the use of a
patented process without the authorization of the patentee constitutes patent
infringement.
Remedies for infringement
Any person infringing a right protected under this law shall be liable:
1. To an injunction restraining such infringement. The court may also order
the defendant to desist from an infringement, among others, to prevent the
entry into the channels of commerce of imported goods that involve an
infringement, immediately after customs clearance of such goods.
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2. Pay to the copyright proprietor or his assigns or heirs such actual damages,
including legal costs and other expenses, as he may have incurred due to
the infringement as well as the profits the infringer may have made due to
such infringement, and in proving profits the plaintiff shall be required to
prove sales only and the defendant shall be required to prove every element
of cost which he claims, or, in lieu of actual damages and profits, such
damages which to the court shall appear to be just and shall not be regarded
as penalty.
3. Deliver under oath, for impounding during the pendency of the action, upon
such terms and conditions as the court may prescribe, sales invoices and
other documents evidencing sales, all articles and their packaging alleged to
infringe a copyright and implements for making them.
4. Deliver under oath for destruction without any compensation all
infringing copies or devices, as well as all plates, molds, or other means for
making such infringing copies as the court may order.
5. Such other terms and conditions, including the payment of moral and
exemplary damages, which the court may deem proper, wise and equitable
and the destruction of infringing copies of the work even in the event of
acquittal in a criminal case.
In an infringement action, the court shall also have the power to order the
seizure and impounding of any article which may serve as evidence in the court
proceedings (Sec. 28, P.D. No. 49a).
In determining the number of years of imprisonment and the amount of fine,

the court shall consider the value of the infringing materials that the defendant
has produced
or manufactured and the damage that the copyright owner has suffered by
reason of the infringement.
Any person who at the time when copyright subsists in a work has in his
possession an article which he knows, or ought to know, to be an infringing
copy of the work for the purpose of:
a. Selling, letting for hire, or by way of trade offering or exposing for sale, or
hire, the article;
b. Distributing the article for purpose of trade, or for any other purpose to an
extent that will prejudice the rights of the copyright owner in the work; or
c. Trade exhibit of the article in public, shall be guilty of an offense and shall
be liable on conviction to imprisonment and fine as above mentioned (Sec.
29, P.D. No. 49a).
Unfair competition:
1. Any person, who is selling his goods and gives them the general
appearance of goods of another manufacturer or dealer, either as to the
goods themselves or in the wrapping of the packages in which they are
contained, or the devices or words thereon, or in any other feature of their
appearance, which would be likely to influence purchasers to believe that
the goods offered are those of a manufacturer or dealer, other than the
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actual manufacturer or dealer, or who otherwise clothes the goods with

such appearance as shall deceive the public and defraud another of his
legitimate trade, or any subsequent vendor of such goods or any agent of
any vendor engaged in selling such goods with a like purpose;
2. Any person who by any artifice, or device, or who
employs any other means calculated to induce the false belief that such person
is offering the services of another who has identified such services in the mind
of the public; or
3. Any person who shall make any false statement in the course of trade or
who shall commit any other act contrary to good faith of a nature calculated
to discredit the goods, business or services of another (Sec. 168.3,
Intellectual Property Code).
4.
False Designations of Origin; False Description or Representation
Any person who, on or in connection with any goods or services, or any
container for goods, uses in commerce any word, term, name, symbol, or
device, or any combination thereof, or any false designation of origin, false or
misleading description of fact, or false or misleading representation of fact,
which:
Is likely to cause confusion, or to cause mistake, or to deceive as to the
affiliation, connection, or association of such person with another person, or as
to the origin, sponsorship, or approval of his or her goods, services, or
commercial activities by another person; or
1. In commercial advertising or promotion, misrepresents the nature,
characteristics, qualities, or geographic origin of his or her or another
person's goods, services, or commercial activities (Sec. 160, Intellectual
Property Code).
Liable to a civil action for damages and injunction by any person who believes
that he or she is or is likely to be damaged by such act.
Independent of the civil and administrative sanctions imposed by law the
offender may also be criminally liable. In commercial advertising or promotion,
misrepresents the nature, characteristics, qualities, or geographic origin of his
or her or another person's goods, services, or commercial activities (Sec. 160,
Intellectual Property Code)
Liable to a civil action for damages and injunction by any person who believes
that he or she is or is likely to be damaged by such act.
Independent of the civil and administrative sanctions imposed by law the
offender may also be criminally liable

Law on Smuggling
Acts punished:
1. That the merchandise must have been fraudulently or knowingly imported
contrary to law.
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2. That the defendant if he is not the importer himself, must have received,
concealed, bought, sold or in any manner facilitated the transportation,
concealment, or sale of the merchandise.
3. That he must be shown to have knowledge that the merchandise had been
illegally imported.

Comprehensive Dangerous Drugs Act of 2002 (Repealing RA No. 6425,
otherwise known as the Dangerous Drugs Act of 1972)
Definition of Terms (Sec. 3)
Controlled precursors and essential chemicals (CP/EC)

Include those listed in Tables I and II of the 1988 UN Convention Against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Dangerous Drugs (DD)
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.
Pusher
Any person who sells, trades, administers, dispenses, delivers or gives away to
another, on any terms whatsoever, or distributes, dispatches in transit or
transports dangerous drugs or who acts as a broker in any of such transactions,
in violation of this Act.
Prohibition on Plea-Bargaining (Sec. 23)

Any person charged under any provision of this Act regardless of the
imposable penalty shall NOT be allowed to avail of the provisions of plea-
bargaining.
Non-applicability of the Probation Law for Drug Traffickers and Pushers

(Sec. 24)
Any person convicted for drug trafficking or pushing under this Act, regardless
of the penalty imposed by the Court, CANNOT avail of the privilege granted
by the Probation Law (PD No. 968, as amended).
Qualifying Aggravating Circumstances in the Commission of a Crime by

Offender under influence of DD (Sec. 25)
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.
Confiscation and Forfeiture of Proceeds and Instruments (Sec. 20)
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All proceeds and properties derived from the unlawful acts under this Act shall
be confiscated and forfeited in favor of the State.
Dangerous Drugs Test and Record Requirement (Article III)
The following shall be subjected to undergo drug testing:
1. Applicants for driver’s license.
Applicants for firearm’s license and for permit to carry firearms outside of
residence All persons who by the nature of their profession carry firearms shall
undergo drug testing.
2. Students of secondary and tertiary schools.
3. Officers and employees of public and private offices (whether domestic or
overseas).
Shall be subjected to undergo a random drug test. Any officer or employee
found positive of use of dangerous drugs shall be dealt with administratively
which shall be a ground for suspension or termination subject to the provisions
of Art. 282 of the Labor Code and pertinent provisions of the Civil Service Law.
4. Officers and members of the military, police and other law enforcement
agencies shall undergo an annual mandatory drug test.
5. All candidates for public office whether appointed or elected both in the
national or local government shall undergo a mandatory drug test.
Note: The Court has held that the testing requirement as to national officials
whose qualifications have been expressly set in the Constitution, such as the
President, Vice President, Senators and Congressmen, is unconstitutional.
Where the Constitution has expressly set out the qualifications, these are
exclusive and may not be broadened nor circumscribed by legislative fia. (SJS
v. DDB and PDEA, G.R. No. 157870, November 3, 2008).
The testing requirement is no longer required for those charged before the
prosecutor’s office. The Court held that such testing is unconstitutional as it
effectively singles out its subject and seeks to violate his rights against self-
incrimination and privacy. A person accused of an offense does not consent to
such testing and neither does he waive his right to privacy simply by being a
person accused of a crime (SJS v. DDB and PDEA, G.R. No. 157870,
November 3, 2008).
Those found to be positive for dangerous drugs shall be subjected to the

provisions of Sec. 15 (Use of Dangerous Drugs), which involves rehabilitation
for a minimum period of 6 months for the first offense, or imprisonment of 6 to
12 years for the second offense.
Acts Punished:
(For table of acts punished see Annex J)
1. Importation of dangerous drugs and/or controlled precursors and
essential chemicals (Section 4).
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2. Sale, trading, administration, dispensation, delivery, distribution and

transportation of dangerous drugs and/or controlled precursors and essential
chemicals (Section 5).
In order to sustain a conviction for selling prohibited drugs, the element of sale
must be unequivocally established. What the law proscribes is not only the act
of selling but also the act of delivering. What is important is that the poseur-
buyer received the drugs from the accused (People v. Ponferada, G.R. No.
101004, March 17, 1993).
The following elements must concur:

a. The identity of the buyer and the seller, the object and the consideration
of the sale; and
b. The delivery of the thing sold and the payment therefor (People v.
Villahermosa, G.R. No. 186465, June 2, 2011).
"Delivery" necessarily involves the knowledge on the part of the one delivering
that what he is delivering is DD. If there is no evidence to show this knowledge,
accused will be acquitted (Boado, p. 525). “Deliver” under RA 9165 is defined
as “knowingly passing a dangerous drug to another, personally or otherwise,
and by any means, with or without consideration” (People v. Jumao-as, G.R.
No. 101334, February 14, 1994).
3. Maintenance of a den, dive or resort. (Section 6)
4. Employment in and visiting a den, dive or resort (Section 7).The violator
must be aware of the nature of the place as such, and in case of the visitor, he
must also knowingly visit the same.
5. Manufacture of dangerous drugs and/or controlled precursors and essential
6. Illegal chemical diversion of controlled precursors and essential
7. Manufacture or delivery of equipment, instrument, Sec.
10). 8.Possession of dangerous drugs (Sec. 11).
Elements
a. Unauthorized;
b. Either actual or constructive;
c. Irrespective of its quantity; and
d. With intent to possess or with full knowledge that what was possessed
was any of the prohibited drugs.
1. Possession of equipment, instrument, apparatus and other paraphernalia for

dangerous drugs (Sec. 12).
The possession of such equipment, instrument, apparatus and other
paraphernalia fit or intended for any of the purposes enumerated in the
preceding paragraph shall be prima facie evidence that the possessor has
smoked, consumed, administered to himself/herself, injected, ingested or used
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a dangerous drug and shall be presumed to have violated Section 15 of this

Act (Sec. 12).
10.Possession of dangerous drugs during parties, social

gatherings or meetings or in the proximate company
of at least 2 persons (Sec. 13).
6. Possession of equipment, instrument, apparatus
and other paraphernalia for dangerous drugs during
parties, social gatherings or meetings or in the proximate company of at least 2
persons (Sec. 14).
12. Use of dangerous drugs (Sec. 15).

This Section shall not be applicable where the person tested is also found to
have in his/her possession such quantity of any dangerous drug provided for
under Sec. 11 of this Act, in which case the provisions stated therein shall
apply (Sec. 15).
12. Cultivation or culture of plants classified as dangerous drugs or are
sources thereof (Sec. 16).
13. Failure to maintain and keep records of transactions on dangerous drugs
and/or controlled precursors and essential chemicals (Sec. 17).
14. Unnecessary prescription of dangerous drugs (Sec. 18).
15. Unlawful prescription of dangerous drugs (Sec. 19).
Rules on Possession, Sale and Use of Prohibited Drugs and/or

Paraphernalia
1.When the seller is apprehended, the quantity he is possessing must be equal
to that being sold by him. If so, it will be illegal sale only, possession being
absorbed by the sale. But if the quantity possessed by him is greater than
the quantity negotiated, he is still liable for illegal possession equal to the
excess amount.
2. Possession of instruments for administering drugs is punished separately.
But if possession of pipe is when he is smoking the same, possession of
pipe is absorbed. If he is found possessing the pipe and opium and he is not
smoking, two crimes are committed: illegal possession of opium and illegal
possession of opium pipe.
3. An offender who is tested positive for use and is found to be in
possession of any quantity of dangerous drugs shall be punished for
possession only (Section 115 in relation to Section 15).
Other Acts Punished Under RA 9165

Misappropriation, misapplication or failure to account seized, confiscated or
surrendered DD, CP/EC and plants which are sources of DD, instruments,
paraphernalia or lab equipment, including proceeds properties obtained from
the unlawful act (Sec. 27).
1. Benefitting from the proceeds of trafficking of dangerous drugs (Sec. 27).
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2. Receiving financial/material contributions from persons found guilty of

trafficking dangerous drugs (Sec. 27). The person liable under Sec. 27 is a
public officer or employee.
3. Planting of dangerous drugs, controlled precursors or essential chemicals

as evidence (Sec. 29).
4. Consenting or knowingly tolerating any violation of RA 9165 in the case
of a partner, president, director, manager, trustee, estate administrator, or
officer of a partnership, corporation, association or any juridical entity
(Sec. 30).
5. Knowingly consenting to, tolerating, or authorizing the use of a vehicle,
vessel, aircraft, equipment or other facility, as an instrument in the
importation, sale, trading, administration, dispensation, delivery,
distribution, transportation or manufacture of dangerous drugs, or
chemical diversion if the same are owned by or under the control or
supervision of the officers of juridical entities (Sec. 30).
6. Violating any rule or regulation issued by the DDB pursuant to RA 9165
(Sec. 32).
7. Issuance of a false or fraudulent dangerous drug test result (Sec. 37).
8. Violation of the confidentiality rule on records of drug dependents under
voluntary submission (Sec. 72).
9. Failure or refusal to appear as a witness for any violation of this act (Sec.
91).
10. Delay or bungling in the handling of the prosecution of drug
related cases (Sec. 92).
Custody and Disposition of Confiscated, Seized, Surrendered Dangerous

Drugs, Paraphernalia etc. (Sec. 21)
The PDEA shall take charge and have custody of all DD, CP/EC and
equipment/ paraphernalia confiscated, seized or surrendered for proper
disposition.
1. Physical inventory and photograph the articles seized in the presence of
the accused, his representative or counsel, a representative from the media
and the DOJ, and any elected public official who shall be required to sign
the copies of the inventory and be given a copy thereof.
2. Submit the article within 24 hours to the PDEA Forensic Laboratory for a
qualitative and quantitative examination.
Certification of the results of the laboratory examination within 24 hours from
the receipt of the subject items. When the volume of the subject does not allow
the completion of the examination within 24 hours, a partial laboratory report
shall be issued, with a final certification to follow within the next 24 hours.
3. Filing of the criminal case in court.
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4. Ocular inspection by the Court of the subject seized, confiscated or

surrendered.
5. Within the next 24 hours, the burning or destroying of the items in the
presence of the accused or his counsel, representative from the media, DOJ,
civil society, and any elected public official.
6. Sworn certification of the burning or disposal is issued by the DDB.
7. Submission of the sworn certificate of destruction or burning to the court.
8. After promulgation of judgment by the court, the representative sample,
with leave of court, shall be turned over to the PDEA which shall destroy
the same within 24 hours from its receipt.
9. The DDB shall be informed of the termination of the case.
Chain of Custody
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/confiscation to receipt in the
forensic laboratory to safekeeping to presentation in court for destruction. Such
record of movements and custody of seized item shall include the identity and
signature of the person who held temporary custody of the seized item, the date
and time when such transfer of custody were made in the course of safekeeping
and use in court as evidence, and the final disposition (Sec. 1(b) of the
Dangerous Drugs Board Resolution No. 1, Series of 2002, implementing RA
9165).
Note: Non-compliance with the procedure outlined in Section 21(a), of

Republic Act No. 9165, shall not render void and invalid such seizures of and
custody over said items, for as long as the integrity and evidentiary value of the
seized items are properly preserved by the apprehending officers (People v.
Lopez, GR No. 181747, September 29, 2008).
Attempt or Conspiracy to commit the following unlawful acts shall be

penalized by the same penalty prescribed for the commission of the same
as provided under the Act (Sec. 26):
1. Importation of any DD and/or CP/EC;

2. Sale, trading, administration, dispensation, delivery, distribution and
transportation of any DD and/or CP/EC;
3. Maintenance of a den, dive or resort where any DD is used in any form;
4. Manufacture of any DD and/or CP/EC; and
5. Cultivation or culture of plants which are sources of dangerous drugs.
Criminal Liability of Government Officials and Employees (Sec. 28)
If the violators are government officials and employees, maximum penalties of
the unlawful act plus absolute perpetual disqualification from any public office
shall be imposed.
Additional Penalty if Offender is an Alien (Sec. 31)
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In addition to the penalties prescribed in the unlawful act committed, any alien
who violates such provisions of this Act shall, after service of sentence, be
deported immediately without further proceedings, unless death is the penalty.
Immunity from Prosecution and Punishment
Requisites: (Sec. 33)
1. The accused should be prosecuted for violation of Sec. 7, 11, 12, 14, 15,
and 19 of the said Act;
2. Voluntarily gives information of any of these acts: Sec. 4, 5, 6, 8, 10, 13,
and 16; violation of any other provisions of the Act if committed by a drug
syndicate including any information leading to the whereabouts, identities,
and arrests of any/ all of the syndicate members;
Drug Syndicate
Any organized group of two (2) or more persons forming or joining together
with the intention of committing any offense prescribed under this Act.
3. He willingly testifies against any of the individuals; and

4. His information and testimony has complied with the following:
a. It is necessary for the conviction of the above persons;
b. It is not yet in the possession of the State;
c. It can be substantially corroborated in his material points;
d. The witness has not been convicted of a crime involving moral turpitude
except when there is no other direct evidence available for his prosecution
other than the testimony of the witness;
e. The witness shall strictly and faithfully comply without delay with any
conditions/ undertaking lawfully imposed by the State;
f. The witness does not appear to be the most guilty; and
g. There is no direct evidence available for the State except for the
testimony of the witness.
Grounds for termination of immunity (Sec. 34)

1. If the testimony is false, malicious, or made only to harass, molest or
prejudice the accused.
2. Failure or refusal to testify without just cause, when lawfully obliged to do
so.
3. Violating any condition for immunity.
Effect of termination of immunity: (Sec. 34)

The immunity shall cease and the witness shall be prosecuted or cited for
contempt.
Voluntary submission of a drug dependent to confinement, treatment and
rehabilitation (Sec. 54)
The drug dependent may, by himself/herself or through his/her parent, spouse,
guardian or relative within the 4th degree of consanguinity or affinity, apply to
the Board or its duly recognized representative, for treatment and rehabilitation
of the drug dependency.
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Upon such application, the Board shall bring forth the matter to the Court
which shall order that the applicant be examined for drug dependency.
1. If positive:
a. The court shall issue an order for rehabilitation and treatment to a center
for not less than 6 months; or
b. May be placed in the care of DOH accredited physician if there is no
near or accessible center; OR when the drug dependent is under 18 years
old, and first time offender, and non-confinement in a center will not pose
a serious danger to his/ her family or community.
Confinement in a center shall not exceed 1 year, after which time the Court, as
well as the Board, shall be apprised by the head of the treatment and
rehabilitation center of the status of said drug dependent and determine whether
further confinement will be for the welfare of the drug dependent and his/her
family or community.
Exemption from the Criminal Liability under the Voluntary Submission

Program (Sec. 55):
Requisites:
1. He/she has complied with the rules and regulations of the center, the
applicable rules and regulations of the Board, including the after-care and
follow-up program for at least 18 months following temporary discharge
from confinement in the Center.
2. He/she has never been charged or convicted under this Act.
3. He/she has no record of escape from a center.
He/she poses no serious danger to himself/herself, his/her family or the
community by his/her exemption from criminal liability.
Compulsory confinement of a drug dependent who refuses to apply under
the voluntary submission program (Sec. 61):
Notwithstanding any law, rule and regulation to the contrary, any person
determined and found to be dependent on dangerous drugs shall, upon petition
by the Board or any of its authorized representative, be confined for treatment
and rehabilitation in any Center duly designated or accredited for the purpose.
Such petition may be filed by any person authorized by the Board with the
RTC of the province or city where such person is found.
Prescription of the offense charged against a drug dependent under the
Compulsory Submission Program (Sec. 63)
It will not run during the time that the drug dependent is under confinement in
a Center or otherwise under the treatment and rehabilitation program approved
by the Board.
Suspension of Sentence of a First-Time Minor Offender (Sec. 66)
Accused: over 15 years old at the time of violation of Sec. 11 of this Act but
not more than 18 years old at the time when the judgment should have been
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promulgated after having been found guilty of said offense. Suspension may be
given subject to the following conditions:
1. Has not been previously convicted of violating any provision of CDDA
of 2002, DDA of 1972, RPC, or any special penal laws;
2. Has not been previously committed to a Center or to the care of a DOH-
accredited physician; and
3. Board favorably recommends it.
However, Sec. 38 of R.A. No. 9344( Juvenile Justice and Welfare Act)
provides for the AUTOMATIC SUSPENSION of sentence of a child in
conflict with the law, even if he/she is already 18 years of age or more at the
time he/she is found guilty of the offense charged. It reads:
Sec. 38. Automatic Suspension of Sentence. – Once the child who is under
eighteen (18) years of age at the time of the commission of the offense is found
guilty of the offense charged, the court shall determine and ascertain any civil
liability which may have resulted from the offense committed. However,
instead of pronouncing the judgment of conviction, the court shall place the
child in conflict with the law under suspended sentence, without need of
application: Provided, however, That suspension of sentence shall still be
applied even if the juvenile is already eighteen (18) of age or more at the time
of the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various circumstances

of the child, the court shall impose the appropriate disposition measures as
provided in the Supreme Court on Juvenile in Conflict with the Law.
The above-quoted provision makes no distinction as to the nature of the offense

committed by the child in conflict with the law, unlike P.D. No. 603 and A.M.
No. 02-1-18- SC. The said P.D. and Supreme Court (SC) Rule provide that the
benefit of suspended sentence would not apply to a child in conflict with the
law if, among others, he/she has been convicted of an offense punishable by
death, reclusion perpetua or life imprisonment. In construing Sec. 38 of R.A.
No. 9344, the Court is guided by the basic principle of statutory construction
that when the law does not distinguish, we should not distinguish. Since R.A.
No. 9344 does not distinguish between a minor who has been convicted of a
capital offense and another who has been convicted of a lesser offense, the
Court should also not distinguish and should apply the automatic suspension of
sentence to a child in conflict with the law who has been found guilty of a
heinous crime (People of the Philippines vs Richard O. Sarcia G.R. No. 169641
September 10, 2009).
Discharge After Compliance with Conditions of Suspended Sentence of a
First-Time Minor Offender (Sec. 67)
If the first time minor offender under suspended sentence complies with the
rules and regulations of the Board, the court, upon recommendation of the
Board, shall discharge the accused and dismiss all proceedings.
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The minor shall not thereafter be held guilty of perjury or of concealment or

misrepresentation by reason of his/her failure to acknowledge the case or recite
any fact related thereto in response to any inquiry made of him for any purpose.
The privilege of suspended sentence shall be availed of only ONCE by an
accused drug dependent who is a first- time offender over fifteen (15) years of
age at the time of the commission of the violation of Section 15 (Use of
Dangerous Drugs) but not more than eighteen (18) years of age at the time
when judgment should be promulgated (Sec. 68).
Dangerous Drugs Board and Philippine Drug Enforcement Agency (Article

IX)
Dangerous Drugs Board
Shall be the policy-making and strategy-formulating body in the planning and
formulation of policies and programs on drug prevention and control.
Philippine Drug Enforcement Agency (PDEA)

Shall serve as the implementing arm of the Board, and shall be responsible for
the efficient and effective law enforcement of all the provisions on any
dangerous drug and/or controlled precursor and essential chemical as provided
in the Act.
Among the powers and duties of the PDEA is to prepare for prosecution or
cause the filing of appropriate criminal and civil cases for violation of all laws
on dangerous drugs, controlled precursors and essential chemicals, and other
similar controlled substances, and assist, support and coordinate with other
government agencies for the proper and effective prosecution of the same. (Sec.
84 [h])
The PDEA shall be the lead agency in the investigation of any violation of RA
No. 9165 (Sec. 86, last par.).
Limited Applicability of RPC to RA 9165 Notwithstanding any law, rule or

regulation to the contrary, the provisions of the RPC shall not apply to the
provisions of this Act, except in the case of minor offenders. Where the
offender is a minor, the penalty for acts punishable by life imprisonment to
death shall be reclusion perpetua to death (Sec. 98).
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Title VI. Crimes Against Public Morals
CHAPTER TWO: OFFENSES AGAINST DECENCY AND GOOD

CUSTOMS
(ARTS. 200-202)
ARTICLE 200
GRAVE SCANDAL
Elements:
1. That the offender performs an act or acts;
2. That such act or acts be highly scandalous as offending against decency
or good customs;
3. That the highly scandalous conduct is not expressly falling within any
article of the RPC; and
4. That the act or acts complained of be committed in a public place or
within the public knowledge or view.
Decency
Means proprietary of conduct; proper observance of the requirements of
modesty, good taste, etc.
Customs
Established usage, social conventions carried on by tradition and enforced by
social disapproval of any violation thereof.
Grave scandal
Consists of acts which are offensive to decency and good customs which,
having been committed publicly, have given rise to public scandal to persons
who have accidentally witnessed the same.
The act punishable by Article 200 are those which by their publicity and
character can cause public scandal among the person witnessing them, besides
being contrary to morals and good customs (People vs. Dumlao, C.A., 380
O.G.3715).
If the act or acts of the offender are punished under another article of the RPC,
Art. 200 is NOT applicable.
The acts must be performed in a public place or within public knowledge or

view.
Hence, distinction should be made as to the place where the offensive act was
committed, whether in the public place or in a private place:
1. In public place, the criminal liability arises irrespective of whether the
immoral act is open to the public view. In short public view is not required.
2. When act offensive to decency is done in a private place, public view or
public knowledge is required.
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When the acts were performed in a private house and seen by one person, the
crime was not committed. This circumstance does not constitute the degree of
publicity which is an essential element of the crime.
ARTICLE 201
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND
EXHIBITIONS, AND INDECENT SHOWS
Persons Liable:
1. Those who shall publicly expound or proclaim doctrines openly contrary
to public morals.
2. The authors of obscene literature, published with their knowledge in any
form; the editors publishing such literature; and the owners/operators of the
establishment selling the same.
Mere possession of obscene materials is not punishable.
The crime of illegal publication is also committed when the real printer’s name
is not divulged.
The author of obscene literature is liable only when it is published with his
knowledge.
3. Those who, in theaters, fairs, cinematographs or any other place, exhibit
indecent or immoral plays, scenes, acts or shows which are proscribed and
shall include those which:
a. Glorify criminals or condone crimes;
b. Serve no other purpose but to satisfy the market for violence, lust or
pornography;
c. Offend any race or religion;
d. Tend to abet traffic in and use of prohibited drugs; and
e. Are contrary to law, public order, morals, good customs, established
policies, lawful orders, decrees and edicts.
4. Those who shall sell, give away or exhibit films, prints, engravings,
sculptures or literature which are offensive to morals.
What is punished is the distribution of indecent literature, etc., to many people

and not merely the isolated, casual or occasional act of giving such kind of
literature to a single recipient (People v. Tempongko, 1 C.A. Rep. 317).
The purpose of the law is to protect the morals of the public.
Publicity is essential.
Morals
Imply conformity with the generally accepted standards of goodness or
rightness in conduct or character, sometimes, specifically, to sexual conduct.
Obscene
It means something offensive to chastity, decency or delicacy (People v.
Kottinger, G.R. No. L-20569, October 29, 1923).
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The Test of Obscenity

The test is whether the tendency of the matter charged as obscene, is to deprave
or corrupt those whose minds are open to such immoral influences, and into
whose hands such a publication may fall and also whether or not such
publication or act shocks the ordinary and common sense of men as an
indecency.
Indecency
It is an act against the good behavior and a just delicacy.
Mere nudity in pictures or paintings is not an obscenity. The proper test is
whether the motive of the picture, as indicated by it, is pure or impure; or
whether it is naturally calculated to excite impure imaginations (People vs.
Serrano, CA-G.R. No. 5566-R, November 24, 1950).
Mere possession of obscene materials, without intention to sell, exhibit, or give

them away, is not punishable under Article 201, considering the purpose of the
law is to prohibit the dissemination of obscene materials to the public
(Fernando vs. Court of Appeals, G.R. No. 169751, December 6, 2006).
Disposition of prohibited articles:

The disposition of the literature, films, prints, engravings, sculptures, paintings
or other materials involved in the violation shall be governed by the following
rules:
1. Upon conviction of the offender – to be forfeited in
favor of the government to be destroyed.
2. Where the criminal case against the violator results in an acquittal – to be
forfeited in favor of the government to be destroyed, after forfeiture
proceedings conducted by the chief constabulary.
3. The person aggrieved by the forfeiture action of the Chief of Police may,
within 15 days after his receipt of the copy of the decision, appeal the
matter to the Secretary of the National Defense for review. The decision of
the Secretary of the National Defense shall be final and unappealable (Sec.
2, P.D. 969).
Obscene publications and indecent shows under RA 7610

Any person who shall hire, employ, use, persuade, induce or coerce a child to
perform in obscene exhibition and indecent shows, whether live or in video,
pose, 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.
If the child used as a performer, subject or seller/distributor is below twelve (12)
years of age, the penalty shall be imposed in its maximum period.
Any ascendant, guardian or person entrusted in any capacity with care of a
child who shall cause and/ or allow such child to be employed or to participate
in an obscene play, scene, act, movie or show in any other acts covered by this
section shall suffer the penalty of prision mayor in its medium period (Sec. 9)
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ARTICLE 202
PROSTITUTES
Prostitutes
Women who, for money or profit habitually indulge in sexual intercourse or
lascivious conduct.
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Title Seven: Crimes Committed By Public Officers
ARTICLE 203
WHO ARE PUBLIC OFFICERS
Requisites:
To be a public officer one must be –
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. That 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.
The term “public officers” embraces every public servant from the highest to
the lowest. For the purposes of the RPC, it obliterates the standard distinction
in the law of public officers between “officer” and “employee.”
Temporary performance of public functions by a laborer makes him a public
officer.
CHAPTER TWO: MALFEASANCE AND MISFEASANCE IN OFFICE

(ARTS. 204-212)
SECTION ONE: DERELICTION OF DUTY

Misfeasance
Improper performance of some act which might lawfully be done.
Malfeasance
The performance of some act which ought not to be done.
Nonfeasance
Omission of some act which ought to be performed.
ARTICLE 204
KNOWINGLY RENDERING UNJUST JUDGMENT
Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted to him for decision;
3. That the judgment is unjust; and
4. That the judge knows that his judgment is unjust.
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Judgment
It is the final consideration and determination of a court of competent
jurisdiction upon the matters submitted to it, in an action or proceeding.
Unjust judgment
It is one which is contrary to law, or is not supported by evidence, or both.
An unjust judgment is rendered knowingly when it is made deliberately and
maliciously.
Knowingly means consciously, intelligently, willfully, or intentionally (Black’s
Law Dictionary, 5th ed., 784).
Sources of unjust judgment:

1. Error
2. Ill-will or revenge; or
3. Bribery.
There is no liability at all for a mere error in good faith.
There must be evidence that the judgment is unjust for it cannot be presumed
and the judge knew that the judgment is unjust. The Supreme Court must have
declared the judgment as unjust in a certiorari, prohibition, or administrative
proceeding.
Art. 204 has no application to members of a collegiate court who reach their
conclusions in consultation and accordingly render their collective judgment
after due deliberation (In Re: Laureta, G.R. No. 68635, May 14, 1987).
ARTICLE 205
JUDGMENT RENDERED THROUGH NEGLIGENCE
Elements:
2. That he renders a judgment in a case submitted to him for decision;
3. That the judgment is manifestly unjust; and
4. That it is due to his inexcusable negligence or ignorance.
“Manifestly Unjust Judgment”
It is so manifestly contrary to law, that even a person having a meager
knowledge of the law cannot doubt the injustice. Therefore, there is no need for
a declaration by the Supreme Court that the same is unjust in order to result in
conviction (Albert).
Abuse of discretion or mere error of judgment is NOT punishable.
ARTICLE 206
UNJUST INTERLOCUTORY ORDER
Elements:
2. That he performs any of the following acts:
a. Knowingly renders unjust interlocutory order or decree; or
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b. Renders a manifestly unjust interlocutory order or decree through

inexcusable negligence or ignorance.
Interlocutory order
It is an order which is issued by the court between the commencement and the
end of a suit or action and which decides some point or matter, but which,
however, is not a final decision of the matter in issue.
Test: Does it leave something to be done in the trial court with respect to the
merits of the case? If it does, it is interlocutory; if it does not, it is final.
Example: An order granting preliminary injunction or an order appointing a
receiver is an interlocutory order.
ARTICLE 207
MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE
Elements:
2. That there is a proceeding in his court;
3. That he delays the administration of justice; and
4. That 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.
Mere delay without malice is NOT a felony under this article.

If the delay is NOT malicious, but committed through gross negligence, the
crime committed is that under RA 3019, Sec. 3(e).
ARTICLE 208
PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE
Acts punished:
1. By maliciously refraining from instituting prosecution against violators
of the law.
2. By maliciously tolerating the commission of a crime.
Elements:
1. That the offender is a public officer or officer of the law who has a duty
to cause the prosecution of, or to prosecute offenses;
2. That 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
3. That the offender acts with malice and deliberate intent to favor the
violator of the law.
Negligence means “neglect of the duties of his office by maliciously failing to

move the prosecution and punishment of the delinquent.
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Malice is an important element in this Article. Maliciously signifies deliberate

intent.
The guilt of the offender is a prejudicial question to the liability of the officer
charged under this provision.
Who Can Be Offenders in Art. 208?

1. Public officer
Officers of the prosecution department, whose duty is to institute criminal
proceedings for felonies upon being informed of their perpetration.
2. Officer of the law
Includes all those who, by reason of the position held by them, are duty-bound
to cause prosecution and punishment of offenders.
The fiscal or the city attorney, as prosecuting officer, is under no compulsion to
file the corresponding information based upon as complaint, where he is not
convinced that the evidence gathered or presented would warrant the filing of
an action in court.
Liability of public officer who, having the duty of prosecuting the offender,
harbored, concealed, or assisted in the escape of the latter, is that of the
principal in the crime of dereliction of duty in the prosecution of offense.
Note: Any person who solicits, accepts, or agrees to accept any benefit in
consideration of abstaining from, discounting, or impeding the prosecution of a
criminal offender is liable under PD 1829.
ARTICLE 209
BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR —
REVELATION OF SECRETS
Acts punished:
1. Causing damage to his client, either:
a. By any malicious breach of professional duty; or
b. Inexcusable negligence or ignorance.
If no damage is caused, attorney may be held administratively or civilly liable.
2. Revealing any of the secrets of his client learned by him in his

professional capacity.
Damage is NOT necessary.
Undertaking the defense of the opposing party in the same case without
the consent of his first client after having undertaken the defense of said first
client or after having received confidential information from said client.
If the client consents to the attorney’s taking the defense of the other party,
there is no crime.
Procurador judicial
A person who had some practical knowledge of law and procedure, but not a
lawyer, and was permitted to represent a party in a case before an inferior court.
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SECTION TWO: BRIBERY
ARTICLE 210
DIRECT BRIBERY
Acts Punished:
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 his official duties.
The acceptance of the offer or promise is enough to consummate the crime.

Absent such acceptance, only the person making the offer or promise is liable
for Attempted Corruption of a Public Officer.
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.
The gift must be accepted by the public officer. It may be received by the
public officer himself or through a third person.
If the offer is not accepted by the public officer, only the person offering the
gift or present is criminally liable for attempted corruption of public officer
under Article 212 in relation to Article 6. The public officer is not liable.
The act must be unjust.
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.
The third form of direct bribery differs from prevaricacion (Art. 208) in that in
bribery, the offender refrained from doing his official duty in consideration of a
gift received or promised. This element is not necessary in the crime of
prevaricacion.
Elements of direct bribery:
1. That the offender be a public officer;
2. That the offender accepts an offer or a promise or receives a gift or present
by himself or through another
3. That such offer or promise be accepted, or gift or present received by the
public officer –
a. With a view to committing some crime; or
b. In consideration of the execution of an act which does not constitute a
crime, but the act must be unjust; or
c. To refrain from doing something which it is his official duty to do;
4. That the act which the offender agrees to perform or which he executes be
connected with the performance of his official duties.
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The provisions of Art. 210 are made applicable to assessors, arbitrators,

appraisal and claim commissioners, experts or any other persons performing
public duties (Art. 210, last par.).
The act which the public officer agrees to perform must be connected with the
performance of official duties.
For the purpose of punishing bribery, the temporary performance of public
functions is sufficient to constitute a person a public officer.
The thing offered or accepted may be money, property, services or anything
else of value. It must have a value or be capable of pecuniary estimation (Reyes,
p. 387).
ARTICLE 211 INDIRECT BRIBERY
Elements:
1. That the offender is a public officer;
2. That he accepts gifts; and
That the said gifts are offered to him by reason of his office
There is no attempted or frustrated indirect bribery because it is committed by

accepting gifts offered to the public officer by reason of his office. If he does
not accept the gifts, he does not commit the crime. If he accepts the gifts, it is
consummated.
It is considered indirect bribery even if there was a sort of an agreement

between public officer and giver of gift.
Receiving of gifts by public officials and employees, and giving of gifts by

private persons, on any occasion, including Christmas is punishable.
Note: PD 46 punishes:
1. Any public official or employee who receives, directly or indirectly; and
2. Any private person who gives, or offers to give:
Any gift, present or other valuable thing to any occasion, when such gift,
present or other valuable thing is given by reason of the former’s official
position, whether the same is for past favors or the giver hopes or expects to
receive a favor or better treatment in the future from the public official or
employee concerned in the discharge of his official functions.
Included within the prohibition is the throwing of parties or entertainments in

honor of the official or employees or his immediate relatives.
Direct Bribery Indirect Bribery

As to consideration:
In both crimes the public officer receives
gift.
As to existence of agreement
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There is an agreement between No such agreement exists

the public officer and the giver of
gift
or present.
As to necessity of the performance of the act
The offender agrees to perform or It is not necessary that

performs an act or refrains from the officer should do
doing something, any particular act or
because of the gift or promise. even promise to do an
act, as it is enough that he accepts
gifts offered to him by reason of his
office.
ARTICLE 211-A QUALIFIED BRIBERY
Elements:
1. That the offender is a public officer entrusted with law enforcement;
2. That the offender refrains from arresting or prosecuting an offender who
has committed a crime punishable by reclusion perpetua and/or death; and
Note: If the crime committed is punishable by a penalty less than reclusion

perpetua, the public officer is liable under Article 208 and direct bribery.
That the offender refrains from arresting or prosecuting the offender in

consideration of any promise, gift or present.
The guilt of the offender is a prejudicial question to the liability of the officer
charged under this provision.
ARTICLE 212
CORRUPTION OF PUBLIC OFFICIALS
Elements:
1. That the offender makes offers or promises or gives gifts or presents to a
public officer; and
2. That the offers or promises are made or the gifts or presents given to a
public officer, under circumstances that will make the public officer liable
for direct bribery or indirect bribery.
This article is concerned with the liability of the person who shall have made
the offers or promises or given the gifts to the public officer.
The crime is attempted if the offer, promise, gift or present was refused and
consummated if accepted.
PD 749 grants immunity from prosecution to givers of bribes and other gifts
and to their accomplices if they willingly testify against public officers or
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employees in bribery and other graft cases. For the immunity to be enjoyed, the
following conditions must concur:
a. The information must refer to consummated violations of Arts. 210, 211,
212 of the RPC; R.A. 3019, as amended; Sec. 345 of the Internal Revenue
Code and Sec. 3604 of the Tariff and Customs Code and other provisions of
said Codes penalizing abuse or dishonesty on the part of the public officials
concerned; and other laws, rules and regulations punishing acts of graft,
corruption and other forms of official abuse;
b. The information and testimony are necessary for the conviction of the
accused public officer;
c. Such information and testimony are not yet in the possession of the State;
d. Such information and testimony can be corroborated on its material points;
and
e. The informant or witness has not been previously convicted of a crime
involving moral turpitude (Sec. 1).
The immunity shall not attach if the information turned out to be false and
malicious or made only for the purpose of harassing, molesting or in any way
prejudicing the public officer denounce (Sec. 2)

As amended by
RA 3047, PD 77, & BP 195
Anti-Graft and Corrupt Practices Act
Section 2. Definition of Terms Government

The national government, the local government, the GOCCs and all other
instrumentalities or agencies of the government.
Public officer
Includes elective and appointive officials and employees, permanent or
temporary, whether in the classified or unclassified or exempt service receiving
compensation, even nominal from the government
Receiving any gift
Includes the act of accepting directly or indirectly a gift from a person other
than a member of the public officer's immediate family, in behalf of himself or
of any member of his family or relative within the fourth civil degree, either by
consanguinity or affinity, even on the occasion of a family celebration or
national festivity like Christmas, if the value of the gift is under the
circumstances manifestly excessive.
In the case of Pecho vs. Sandiganbayan, G.R. No. 111399, November 14, 1994,
the SC held that violation of Section 3(e) thereof is punishable only in its
consummated stage. In said case, the SC said that in case of special laws such
as RA 3019, the application of Article 6 in relation to Article 10 of the Revised
Penal Code will depend on how such laws define the offenses therein.
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Section 3. Corrupt Practices of Public Officials:
The corrupt practices herein enumerated are in addition to acts or omissions of

public officers already penalized by existing law.
1. Persuading, inducing or influencing another public officer to perform an
act constituting a violation of rules and regulations duly promulgated by
competent authority or an offense in connection with the official duties of
the latter, or allowing himself to be persuaded, induced, or influenced to
commit such violation or offense.
Persons Liable:
a. Public officer who persuades, induces, or influences another public
officer.
b. Public officer who is persuaded, induced or influenced.
Requesting or receiving any gift, present, or benefit is not required in this

provision (Reyes, p.399).
2. Directly or indirectly requesting or receiving any gift, present, share,
percentage, or benefit, for himself or for any other person, in connection
with any contract or transaction between the government and any other
party, wherein the public officer in his official capacity has to intervene
under the law.
The lack of “demand” is immaterial. After all, Sec. 3(b) of RA 3019 uses the
word “or” between requesting and receiving.
There must be a clear intention on the part of the public officer to take the gift
so offered and consider it as his or her own property from then on. Mere
physical receipt unaccompanied by any other sign, circumstance or act to show
acceptance is not sufficient to lead the court to conclude that the crime has been
committed (Peligrino v. People, G.R. No. 136266, August 31, 2001).
This section refers to a public officer whose official intervention is required by

law in a contract or transaction (Jaravata v. Sandiganbayan, G.R. No. L- 56170,
January 31, 1984).
A “transaction,” like a contract, is one which involves some consideration as in

credit transactions (Soriano v. Sandiganbayan, G.R. No. L-65952, July 31,
1984).
3. Directly or indirectly requesting or receiving any gift, present or other

pecuniary or material benefit, for himself or for another, from any person
for whom the public officer, in any manner or capacity has secured or
obtained, or will secure or obtain, any government permit or license, in
consideration for the help given or to be given, without prejudice to Sec. 13
of this Act.
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4. Accepting or having any member of his family accept employment in a

private enterprise which has pending official business with him during the
pendency thereof or within 1 year after its termination.
5. Causing any undue injury to any party, including the government, or
giving any private party any unwarranted benefits, advantage or preference
in the discharge of his official, administrative or judicial functions through
manifest partiality, evident bad faith or gross inexcusable negligence. This
provision shall apply to officers and employees of offices or Government
corporations charged with the grant of licenses or permits or other
concessions.
To be held liable under said section, the act of the accused which caused undue
injury must have been done with manifest partiality, evident bad faith or gross
inexcusable negligence.
The undue injury must be specified, quantified and proven to the point of moral
certainty (Llorente vs. Sandiganbayan, G.R. No. 122166, March 11, 1998).
If the act was committed with malice, the crime committed may be that under
Art. 207 (malicious delay in the administration of justice) of the RPC.
Gross negligence
Negligence characterized by the want of even slight care, acting or omitting to
act in a situation where there is a duty to act, not inadvertently but willfully and
intentionally with a conscious indifference to consequences in so far as other
persons may be affected. It is the omission of that care which even inattentive
and thoughtless men never fail to take on their property (Alejandro v. People,
G.R. No. 81031, February 20, 1989). In case of public officials, there is gross
negligence when a breach of duty is flagrant and palpable (Quibal v.
Sandiganbayan, G. R. No. 109991, May 22, 1995).
The last sentence of this paragraph is intended to make clear the inclusion of
officers and employees of offices or government corporations which, under the
ordinary concept of “public officer” may not come within the term. It is a
strained construction of the provision to read it as applying exclusively to
public officers charged with the duty of granting license or permits or other
concessions (Mejorada v. Sandiganbayan, G.R. No. L-51065-72 June 30, 1987).
6. Neglecting or refusing, after due demand or request, without sufficient

justification, to act within reasonable time on any matter pending before
him for the purpose of obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material benefit or advantage, or
for the purpose of favoring his own interest or giving undue advantage in
favor of or discriminating against any other interested party.
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7. Entering on behalf of the Government, into any contract or transaction

manifestly and grossly disadvantageous to the same, whether or not the
public officer profited or will profit thereby.
It is not necessary that the public officer profited or will profit from the
contract or transaction. It is the commission of the act as defined by law and
not the character thereof that determines whether the provision has been
violated (Marcos v. Sandiganbayan, G.R. No. 126995, October 6, 1998).
8. Directly or indirectly having financial or pecuniary interest in any business,

contract or transaction in connection with which he intervenes or takes part
in his official capacity, or in which he is prohibited by the Constitution or
by law from having any interest.
What is contemplated in this section is the actual intervention in the transaction
in which one has financial or pecuniary interest in order that liability may
attach (Trieste v. Sandiganbayan, G.R. Nos. L-70332- 43, November 13, 1986).
or indirectly becoming interested, for personal gain, or having material interest
in any transaction or act requiring the approval of a board, panel or group of
which he is a member; and which exercises discretion in such approval, even if
he votes against the same or does not participate in the action of the board,
committee, panel or group.
Interest for personal gain shall be presumed against those public officers
responsible for the approval of manifestly unlawful, inequitable, or irregular
transactions or acts by the board, panel or group to which they belong.
9. Knowingly approving or granting any license, permit, privilege or benefit

in favor of any person not qualified for or not legally entitled to such
license, permit, privilege or advantage, or of a mere representative or
dummy of one who is not qualified or entitled.
Requesting or receiving any gift, present or benefit is not required in this
provision.
10. Divulging valuable information of a confidential character, acquired by

his office or by him on account of his official position to unauthorized
persons, or releasing such information in advance of its authorized release
date.
If damage was caused, Article 229 (revelation of secrets by an officer) under

the RPC is committed.
Section 4. Prohibition on Private Individuals

1. Taking advantage of family or close personal relation with public official
who has to intervene in some business, transaction, application, request or
contract of the government with any other person, by directly or indirectly
requesting or receiving any present, gift, or material or pecuniary advantage
from such public official.
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Family relation
Includes the spouse or relatives by consanguinity or affinity in the third civil
degree.
Close personal relation
Includes close personal friendship, social and fraternal connections, and
professional employment all giving rise to intimacy which assures free access
to such public officer.
2. Knowingly inducing or causing any public official to commit any of the
offenses defined in Section 3.
Section 5. Prohibition on certain relatives

The spouse or any relative, by consanguinity or affinity, within the 3RD CIVIL
DEGREE, of the President, the Vice President, Senate President, or the
Speaker of the House of Representatives is prohibited to intervene directly or
indirectly, in any business, transaction, contract or application with the
government.
Exceptions to the provisions:

a. Any person who, prior to the assumption of office of any of those officials
to whom he is related, has been already dealing with the government along
the same line of business, nor to any transaction, contract or application
already existing or pending at the time of such assumption of public office.
b. Any application filed by him, the approval of which is not discretionary on
the part of the official or officials concerned but depends upon compliance
with the requisites provided by law, or rules or regulations issued pursuant
to law.
c. Any act lawfully performed in an official capacity or in the exercise of a
profession.
Section 6. Prohibition on Members of Congress Members of Congress

during their term are prohibited to acquire or receive any personal pecuniary
interest in any specific business enterprise which will be directly and
particularly favored or benefited by any law or resolution authored by them.
The prohibition shall also apply to any public officer who recommended the
initiation in Congress of the enactment or adoption of any law or resolution and
acquires or receives any such interest during his incumbency.
The member of Congress or other public officer, who, having such interest
prior to the approval of a law or resolution authored or recommended by him,
continues for thirty days after such approval to retain his interest also violates
this section.
Section 8. Prima facie evidence of and dismissal due to unexplained wealth

A public official who has been found to have acquired during his incumbency,
whether in his name or the name of other persons, an amount of property
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and/or money manifestly out of proportion to his salary and to his other lawful
income.
Ground for forfeiture of unexplained wealth.
Section 11. Prescription of offenses

15 years – prescriptive period of all offenses under the Act.
Section 12. Termination of office

No public officer is allowed to resign or retire:
1. Pending investigation, criminal or administrative or
2. Pending a prosecution against him
3. For any offense under the Act or under the provisions of the RPC on
Bribery.
Section 13. Suspension and loss of benefits

Any public officer against whom any criminal prosecution under a valid
information under RA 3019 or the provisions of RPC on bribery is pending in
court, shall be suspended from office. If convicted by final judgment, he shall
lose all retirement or gratuity benefits, but if acquitted, he shall be entitled to
reinstatement and salaries and benefits he failed to receive.
It is mandatory for the Court to place under preventive suspension a public
officer accused before it. Imposition of suspension, however, is not automatic
or self-operative. A pre-condition is the existence of a valid information,
determined at a pre-suspension hearing. Once a proper determination of the
validity of the information has been made, it becomes the ministerial duty of
the Court to issue the order of preventive suspension. (Segovia v.
Sandiganbayan, G.R. No. 124067, March 27, 1998)
Section 14. Exception
Unsolicited gifts or presents of small or insignificant value offered or given as
a mere ordinary token of gratitude of friendship according to local custom or
usage.
REPUBLIC ACT NO.

7080 ANTI-PLUNDER
ACT
Means or schemes to acquire ill-gotten wealth: (Sec.1 [d])

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/project or
by reason of his office/position;
3. By the illegal or fraudulent conveyance or disposition of assets
belonging to the government;
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4. By obtaining, receiving or accepting, directly or indirectly, any shares of

stock, equity or any other form of interest or participation including the
promise of future employment in any business enterprise or undertaking;
5. By establishing agricultural, industrial or commercial monopolies or other

combinations and/or implementing decrees and orders intended to benefit
particular persons or special interests;
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.
These should be committed by a combination or through a series of acts. There

should be at least two acts otherwise the accused should be charged with the
particular crime committed and not with plunder. A COMBINATION means
at least two acts of a different category while a SERIES means at least two acts
of the same category (Estrada vs. Sandiganbayan, G.R. No. 148560, November
21, 2001).
Section 2. Definition of the Crime of Plunder;
Penalties Plunder
A crime committed by any public officer, by himself or in connivance with his
family, relatives by affinity or consanguinity, business associates, subordinates
or other persons, by amassing, accumulating or acquiring ill-gotten wealth in
the aggregate amount or total value of at least 50 million pesos.
Penalty: Reclusion Perpetua to Death
Mitigating and extenuating circumstances shall be considered by the courts in

the imposition of penalty.
Section 4. Rule of Evidence

It is NOT necessary to prove each and every criminal act done. A pattern of
overt or criminal acts indicative of the over-all unlawful scheme or conspiracy
shall be sufficient.
PATTERN consists of at least a combination or series of overt or criminal acts

enumerated in subsections (1) to (6) of Sec. 1(d) (Estrada vs. Sandiganbayan,
G.R. No. 148560, November 21, 2001).
Section 6. Prescription of Crimes

The crime punishable under this Act shall prescribe in 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 or laches or estoppel.
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Plunder is a crime malum in se because the constitutive crimes are mala in se.
The elements of mens rea must be proven in a prosecution for plunder (Estrada
vs. Sandiganbayan, G.R. No. 148560, November 21, 2001).
CHAPTER THREE: FRAUDS AND ILLEGAL EXACTIONS AND

TRANSACTIONS
(ARTS. 213-216)
ARTICLE 213
FRAUDS AGAINST THE TREASURY AND SIMILAR OF OFFENSES
Acts Punished:
1. By entering into an agreement with any interested party or speculator or
making use of any other scheme, to defraud the Government, in dealing
with any person with regard to furnishing supplies, the making of contracts,
or the adjustment or settlement of accounts relating to public property or
funds.
2. By demanding, directly or indirectly, the payment of sums different from
or larger than those authorized by law, in the collection of taxes, licenses,
fees, and other imposts.
3. By failing voluntarily to issue a receipt, as provided by law, for any sum
of money collected by him officially, in the collection of taxes, licenses,
fees and other imposts.
4. By collecting or receiving, directly or indirectly, by way of payment or
otherwise, things or objects of a nature different from that provided by law,
in the collection of taxes, licenses, fees and other imposts.
Elements of frauds against public treasury (Par. 1):
2. That he should have taken advantage of his office, that is, he intervened
in the transaction in his official capacity;
3. That he entered into an agreement with any interested party or speculator
or made use of any other scheme with regard to
a. Furnishing supplies
b. The making of contracts, or
c. The adjustment or settlement of accounts relating to public property or
funds
4. That the accused had intent to defraud the Government.
The offender must have the duty as public officer to deal with any person with
regard to furnishing supplies, making of contracts, or the adjustment or
settlement of accounts relating to public property or funds.
Elements of illegal exactions (Pars. 2-4):

1. The offender is a public officer entrusted with the collection of taxes,
licenses, fees and other imposts; and
2. He is guilty of any of the following acts or omissions:
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a. Demanding, directly or indirectly, the payment of sums different from or

larger than those authorized by law; or
b. Failing voluntarily to issue a receipt, as provided by law, for any sum of
money collected by him officially; or
c. Collecting or receiving, directly or indirectly, by way of payment or
otherwise, things or objects of a nature different from that provided by
law.
Mere demand for larger or different amount is sufficient to consummate a

crime.
When there is deceit in demanding a greater fee than that prescribed by law, the
crime committed is estafa and not illegal exaction.
A tax collector who collected a sum larger than that authorized by law and
spent the same is guilty of illegal exaction and malversation.
Officers or employees of the Bureau of Internal Revenue or Bureau of Customs

are not covered by this article. The National Internal Revenue Code or the
Administrative Code applies.
This crime is consummated by merely entering into an agreement with any
interested party or speculator or by merely making use of a scheme to defraud
the government. It is not necessary that the government is actually defrauded
by reason of the transaction. It is sufficient that the public officer who acted in
his official capacity had the intent to defraud the Government.
ARTICLE 214
OTHER FRAUDS
Elements:
2. That he takes advantage of his official position; and
3. That he commits any of the frauds or deceits enumerated in Arts. 315 to
318 (estafa, other forms of swindling, swindling a minor, and other deceits).
The penalty (special disqualification) under this article is in addition to the

penalties prescribed in the Articles violated.
Not a crime but considered as a special aggravating circumstance.
ARTICLE 215
PROHIBITED
TRANSACTIONS
Elements
1. That the offender is an appointive public officer;
Examples: justices, judges or fiscals, employees engaged in the collection and
administration of public funds
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2. Thathe becomes interested, directly or indirectly, in any transaction of

exchange or speculation;
3. That the transaction takes place within the territory subject to his
jurisdiction;
4. That he becomes interested in the transaction during his incumbency.
The transaction must be one of exchange or speculation, such as buying and

selling stocks, commodities, land, etc., hoping to take advantage of an expected
rise and fall in price.
Purchasing of stocks or shares in a company is simply an investment and is not
a violation of the article. But buying regularly securities for resale is
speculation.
ARTICLE 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.
3. Guardians and executors with respect to the property belonging to their
wards or the estate.
ARTICLE 216
POSSESSION OF PROHIBITED INTEREST BY A PUBLIC OFFICER
Persons liable:
4. Public officer who, directly or indirectly, became interested in any contract
or business in which it was his official duty to intervene.
5. 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.
6. Guardians and executors with respect to the property belonging to their
wards or the estate.
Actual fraud is NOT necessary, the act is punished because of the possibility
that fraud may be committed or that the officer or private person (such as an
expert, arbitrator, private accountant, guardian and executor) may place his
own interest above that of the government or party which he represents.
Intervention must be by virtue of public office held. The official who
intervenes in contracts which have no connection with his office cannot
commit the crime defined under this Article.
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CHAPTER FOUR: MALVERSATION OF PUBLIC FUNDS OR

PROPERTY (ARTS. 217-222)
ARTICLE 217
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
— PRESUMPTION OF MALVERSATION
Malversation is also called embezzlement (Reyes, The Revised Penal Code

Book II, 17th ed., 2008 p. 425).
Acts punished:
1. By appropriating public funds or property.
To appropriate public funds or property includes every attempt to dispose of
the same without right.
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.
4. By being otherwise guilty of the misappropriation or malversation of
such funds or property.
Common elements:
1. That the offender be a public officer.
2. That he had custody or control of funds or property by reason of the
duties of his office.
3. That those funds or property were public funds or property for which he
was accountable.
4. That he appropriated, took, misappropriated or consented, or through
abandonment or negligence, permitted another person to take them.
Custody
Means guarding or keeping safe; care.
Accountable Officer
A public officer who, in the discharge of his office, receives money or property
of the government which he is bound to later account for. It is the nature of the
duties of, not the nomenclature used for, or the relative significance of the title
to, the position which controls in the determination (Tanggote v.
Sandiganbayan, G.R. No. 103584, September 2, 1994).
Funds or property must be received in official capacity. Hence, if the public
officer had no authority to receive the money and he misappropriated the same,
the crime is estafa, not malversation.
The penalty for malversation is the same whether committed with malice or
through negligence or imprudence.
Nature of the duties of the public officer, not the name of the office, is
controlling.
Malversation may be committed by private individuals in the following
cases:
1. Those in conspiracy with public officers guilty of malversation.
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2. Those who are accessory or accomplice to a public officer. The provisions

of Article 217 shall apply to (1) private individuals who, in any capacity
whatsoever, have charge of national, provincial or municipal funds,
revenues or property, and to (2) any administrator or depositary of funds or
property attached or seized or deposited by public authority.
3. Custodian of public funds or property in whatever capacity.

4. Depositary or administrator of public funds or property.
Presumption
When demand is made to the accountable officer to account for the funds and
property and the same is not forthcoming, this shall be a prima facie evidence
that he has put such missing funds or property to personal use.
The return of the funds malversed is only mitigating, not exempting
circumstance.
Demand is NOT necessary in malversation. Damage to the government is also
not necessary.
Malversation is principally distinguished from estafa by:
1. The public or private character of the accused.
2. The nature of the funds.
3. The fact that conversion is not required in malversation.
4. The rule that there is no need of prior demand in malversation.
5. The absence of a requirement of damage in malversation.
Malversation can be committed through abandonment or negligence.

Negligence is the omission to do something which a reasonable man, guided by
those considerations which ordinarily regulate the conduct of human affairs,
would do, or the doing of something which a prudent and reasonable man
would do.
The failure of a public officer to have duly forthcoming any public funds or
property with which he is chargeable, upon demand by any duly authorized
officer, shall be prima facie evidence that he has put such missing funds or
property to personal uses.
Direct Evidence Not Required in Malversation
Direct evidence is not necessary to prove malversation because the law
presumes that malversation was committed when after there has been complete,
thorough and reliable audit, there is a discrepancy in the funds or property. As
such, when the officer cannot overthrow the presumption in law, he may be
held liable for malversation, although no direct evidence has been presented yet
(Cabella v. Sandiganbayan, 197 SCRA 94 [1991]).
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ARTICLE 218
FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS
Elements:
1. That the offender is a public officer, whether in the service or separated
therefrom;
2. That he must be an accountable officer for public funds or property;
3. That he is required by law or regulation to render accounts to the
Commission on Audit, or to a provincial auditor; and
4. That he fails to do so for a period of two months after such accounts
should be rendered.
Demand for accounting is NOT necessary.

It is NOT necessary that there be misappropriation. If there is misappropriation,
he would be liable also for malversation under Art. 217.
ARTICLE 219
FAILURE OF RESPONSIBLE PUBLIC OFFICER TO RENDER
ACCOUNTS BEFORE LEAVING THE COUNTRY
Elements:
2. That he must be an accountable officer for public funds or property; and
3. That he must have unlawfully left (or be on the point of leaving) the
Philippines without securing from the Commission on Audit a certificate
showing that his accounts have been finally settled.
The act of leaving the country must be unauthorized or not permitted by law.
ARTICLE 220
ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
Elements:
2. That there is a public fund or property under his administration;
3. That such public fund or property has been appropriated by law or
ordinance; and
4. That he applies the same to a public use other than that for which such fund
or property has been appropriated by law or ordinance.
The crime under this Article is also referred to as TECHNICAL
MALVERSATION.
The public funds or property must be appropriated by law or ordinance for a
particular purpose
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Illegal Use of Public Funds Malversation

or Property
The offenders are accountable public officers in both crimes.
The offender does not derive The offender in certain cases
any personal gain or profit. profits from the proceeds of the
crime.
The public fund or property is The public fund or property is
applied to another public use. applied to the personal use and
benefit of the offender or of
another person.
ARTICLE 221
FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY
Acts Punished:
1. By failing to make payment by a public officer who is under obligation
to make such payment from Government funds in his possession.
Elements:
a. Public officerhas government funds in his possession;
b. He is under obligation to make payment from such funds; and
c. He fails to make the payment, maliciously.
2. By 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.
ARTICLE 222
OFFICERS INCLUDED IN THE PRECEDING PROVISIONS
Private individuals who may be liable under Art. 217- 221:

1. Private individuals who, in any capacity whatsoever, have charge of any
national, provincial or municipal funds, revenue or property
Administrator or depository of funds or property attached, seized, or
deposited by public authority even if such property belongs to a private
individual. (example: sheriffs and receivers)
The word administrator 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.
Private property is included, provided it is attached, seized, or deposited by

public authority.
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CHAPTER FIVE: INFIDELITY OF PUBLIC

OFFICERS (ARTS. 223-230)
SECTION ONE: INFIDELITY IN THE CUSTODY OF PRISONERS
ARTICLE 223
CONNIVING WITH OR CONSENTING TO EVASION
Elements:
2. That he had in his custody or charge, a prisoner, either detention
prisoner or prisoner by final judgment;
3. That such prisoner escaped from his custody; and
4. That he was in connivance with the prisoner in the latter’s escape.
Connivance with the prisoner (agreement between the prisoner and the public
officer) in his escape is an indispensable element of the offense.
Classes of prisoners involved:

1. If the fugitive has been sentenced by final judgment to any penalty.
2. If the fugitive is held only as detention prisoner for any crime or
violation of law or municipal ordinance.
A detention prisoner is a person in legal custody, arrested for, and charged with,
some crime or public offense.
Leniency, laxity and release of detention prisoner who could not be delivered
to the judicial authority within the time fixed by law, are not considered
infidelity in the custody of prisoners.
There is real and actual evasion of service of sentence when the custodian
permits the prisoner to obtain a relaxation of his imprisonment and to escape
the punishment of being deprived of his liberty, thus making the penalty
ineffectual, although the convict may not have fled (U.S. vs. Bandino, G.R. No.
L-9964, February 11,1915).
ARTICLE 224
EVASION THROUGH NEGLIGENCE
Elements:
2. That he is charged with the conveyance or custody of a prisoner, either
detention prisoner or prisoner by final judgment; and
3. That such prisoner escapes through his negligence.
Not every negligence or distraction of a guard is penalized. It is only that

positive carelessness that is short of deliberate non-performance of his duties as
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guard that is the gravamen of the crime of infidelity under Art. 224 (People v.
Reyes, et al., C.A., 59 O.G. 6664).
The fact that the public officer recaptured the prisoner who had escaped from
his custody does not afford complete exculpation.
A policeman who, assigned to guard a prisoner, falls asleep, with the result that
the prisoner escapes, is guilty of negligence in the custody of a prisoner
(People vs. Guiab, G.R. No. 39631, May 6, 1934).
Liability of escaping prisoner:
1. If the fugitive is serving sentence by reason of final judgment, he is
liable for evasion of the service of sentence under Art. 157.
2. If the fugitive is only a detention prisoner, he does not incur criminal
liability.
Any public officer who has direct custody of a detained person under the
provisions of this Act and who, by deliberate act, misconduct or inexcusable
negligence causes or allows the escape of such detained person shall be guilty
of an offense (Human Security Act of 2007, R.A. 9372, Section 44).
ARTICLE 225
ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT
A PUBLIC OFFICER
Elements:
1. That the offender is a private person;
2. That the conveyance or custody of a prisoner or person under arrest is
confided to him;
3. That the prisoner or person under arrest escapes; and
4. That the offender consents to the escape of the prisoner or person under
arrest, or that the escape takes place through his negligence.
Art. 225 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.
SECTION TWO: INFIDELITY IN THE CUSTODY OF DOCUMENTS
ARTICLE 226
REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS
Elements:
Note: Only public officers who have been officially entrusted with the
documents or papers can be held liable under Article 226. If the offender is a
private individual, estafa is committed if there is damage caused. If there is no
damage, the crime is malicious mischief.
2. That he removes, conceals or destroys documents or papers;
The removal must be for illicit purpose when the intention of the offender is –
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to tamper with it, or

a.
to profit by it, or
b.
to commit an act constituting a breach of trust in the official care thereof.
c.
Papers include checks, promissory notes, and paper money.
3. That the said documents or papers should have been entrusted to such
public officer by reason of his office; and
4. That damage, whether serious or not, to a third party or to the public
interest should have been caused.
The document must be complete and one by which a right can be established or
an obligation could be extinguished.
The removal must be for an illicit purpose.

The crime of removal of public document in breach of official trust is
consummated upon its removal or secreting away from its usual place in the
office and after the offender had gone out and locked the door, it being
immaterial whether he has or has not actually accomplished the illicit purpose
for which he removed said document.
Damage in this article may consist in mere alarm to the public or in the
alienation of its confidence in any branch of the government service.
ARTICLE 227
OFFICER BREAKING SEAL
Elements:
2. That he is charged with the custody of papers or property;
3. That these papers or property are sealed by proper authority; and
4. That he breaks the seals or permits them to be broken. 5.
Damage or intent to damage is not necessary.
ARTICLE 228
OPENING OF CLOSED DOCUMENTS
Elements:
2. That any closed papers, documents, or objects are entrusted to his
custody;
3. That he opens or permits to be opened said closed papers, documents, or
objects; and
4. That he does not have the proper authority.
The closed document must be entrusted to the custody of the accused by reason
of his office.
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If in opening closed papers or objects, the public officer broke the seal, the
offense would be breaking seal under Art. 227 and not the crime of opening a
closed document, because the offender must be a public officer “not included
in the preceding article.”
Damage or intent to cause damage is NOT an element of this offense.
SECTION THREE: REVELATION OF SECRETS
ARTICLE 229
REVELATION OF SECRETS BY AN OFFICER
Acts punished:
1. By revealing any secret known to the offending public officer by reason
of his official capacity.
Elements of No. 1:
3. That he knows of a secret by reason of his official capacity:
4. That he reveals such secret without authority orjustifiable reasons; and
5. That damage, great or small, be caused to public interest.
Sec 3 (k) of RA 3019 is violated if there is no damage caused in revealing the

secret.
This article punishes minor official betrayals, infidelities of little consequence,
affecting usually the administration of justice, executive or official duties, or
the general interest of the public order.
Secrets must affect public interest, if not, the revelation would constitute no
crime at all.
2. By delivering wrongfully papers or copies of papers of which he may

have charge and which should not be published.
Elements of No. 2:
2. That he has charge of papers;
3. That those papers should not be published;
4. That he delivers those papers or copies thereof to a third person;
5. That the delivery is wrongful; and
6. That damage be caused to public interest
“Charge”
Means control or custody. If the public officer is merely entrusted with the
papers but not with the custody, he is not liable under this provision.
Damage is an element of the offenses defined in Art. 229. A higher penalty is
provided if serious damage is caused otherwise a lower penalty is imposed.
This indicates that the lesser penalty refers to causing damage which is not
serious.
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ARTICLE 230
PUBLIC OFFICER REVEALING SECRETS OF PRIVATE
INDIVIDUAL
Elements:
2. That he knows of the secrets of a private individual by reason of his
office; and
3. That he reveals such secrets without authority or justifiable reason.
If the offender is a lawyer, the crime under Art. 209 is committed.
If the offender is a private individual, the crime under Art. 290 or 291 is
committed.
Revelation to one person is necessary and sufficient, for public revelation is not
required.
It is NOT necessary that damage is suffered by the private individual. The
reason for this provision is to uphold faith and trust in public service.
CHAPTER SIX: OTHER OFFENSES OR IRREGULARITIES BY

PUBLIC OFFICERS
(ARTS. 231-245)
SECTION ONE: DISOBEDIENCE, REFUSAL OF ASSISTANCE AND

MALTREATMENT OF PRISONERS
ARTICLE 231
OPEN DISOBEDIENCE
Elements:
1. That the offender is a judicial or executive officer;
2. That there is a judgment, decision or order of a superior authority;
3. That such judgment, decision or order was made within the scope of the
jurisdiction of the superior authority and issued with all legal formalities;
and
4. That the offender without any legal justification openly refuses to
execute said judgment, decision or order, which he is duty bound to obey.
ARTICLE 232
DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID
ORDER WAS SUSPENDED BY INFERIOR OFFICER
Elements:
2. That an order is issued by his superior for execution;
3. That he has for any reason suspended the execution of such order;
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4. That his superior disapproves the suspension of the execution of the order;
and
5. That the offender disobeys his superior despite the disapproval of the
suspension.
This article does NOT apply if the order of the superior is illegal.
ARTICLE 233
REFUSAL OF ASSISTANCE
Elements:
2. That a competent authority demands from the offender that he lend his
cooperation towards the administration of justice or other public service;
and
3. That the offender fails to do so maliciously.
There must be damage to the public interest or to a third party.
If the offender is a private individual, he may be held liable for contempt.
ARTICLE 234
REFUSAL TO DISCHARGE ELECTIVE OFFICE
Elements:
1. That the offender is elected by popular election to a public office;
2. That he refuses to be sworn in or to discharge the duties of said office;
and
3. That there is no legal motive for such refusal to be sworn in or to
discharge the duties of said office.
ARTICLE 235
MALTREATMENT OF PRISONERS
Elements:
1. That the offender is a public officer or employee;
2. That he has under his charge a prisoner convicted by final judgment or a
detention prisoner;
3. That 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
and humiliating manner; or
6. By maltreating such prisoner to extort a confession or to obtain some
information from the prisoner.
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The public officer or employee must have actual charge of the prisoner.
To be a detention prisoner, the person arrested must be placed in jail even for a
short while.
Offender may also be held liable for physical injuries or damage caused. There
is no complex crime of maltreatment of prisoners with serious or less serious
physical injuries, as defined in Art. 48.
REPUBLIC ACT N0. 9745

Anti-Torture Act of 2009
Torture"
Refers to 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.
Punishable Acts
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;
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 electrical torture of the genitals;
h. Mutilation or amputation of the essential parts of the body such as the
genitalia, ear, tongue, etc.;
i. Dental torture or the forced extraction of the teeth;
j. Pulling out of fingernails;
k. Harmful exposure to the elements such as sunlight and extreme cold;
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l. The use of plastic bag and other materials placed over the head to the
point of asphyxiation;
m. 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; and
n. 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;
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.
Who are Criminally Liable
1. Any person who actually participated Or induced another in the

commission of torture or other cruel, inhuman and degrading treatment or
punishment or
2. Those 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
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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.
SECTION TWO: ANTICIPATION, PROLONGATION AND

ABANDONMENT OF THE DUTIES AND POWERS OF
PUBLIC OFFICE
ARTICLE 236
ANTICIPATION OF DUTIES OF
A PUBLIC OFFICE
Elements:
1. That the offender is entitled to hold a public office or employment, either
by election or appointment;
2. That the law requires that he should first be sworn in and/or should first
give a bond;
3. That he assumes the performance of the duties and powers of such office;
and
4. That he has not taken his oath of office and/or given the bond required by
law.
ARTICLE 237
PROLONGING PERFORMANCE OF DUTIES AND POWERS
Elements:
1. That the offender is holding a public office;
2. That the period provided by law, regulations or special provisions for
holding such office, has already expired; and
3. That he continues to exercise the duties.
ARTICLE 238
ABANDONMENT OF OFFICE
Elements:
2. That he formally resigns from his position; There must be written or formal
resignation
3. That his resignation has not yet been accepted; and
4. That he abandons his office to the detriment of the public service.
Qualifying circumstance – when the abandonment of the office has for its
purpose to evade the discharge of the duties of preventing, prosecuting or
punishing any of the crimes falling within Title 1 and Chapter 1 Title 3 of Book
2 of the RPC.
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Abandonment of Office Negligence and Tolerance in

(Art. 238) Prosecution of Offenses (Art. 208)
Committed by any public officer. Committed only by public officers who

have the duty to institute prosecution for
the punishment of violations of the law.
The public officer abandons his office The public officer does not abandon his
to evade the discharge of his duty. office but he fails to prosecute an offense
by dereliction of duty or by malicious
tolerance of the commission of offenses.
SECTION THREE: USURPATION OF POWERS AND UNLAWFUL

APPOINTMENTS
ARTICLE 239
USURPATION OF LEGISLATIVE
Elements: POWERS
1. That the offender is an executive or judicial officer;
2. That he:
a. Makes general rules or regulations beyond the scope of his authority; or
b. Attempts to repeal a law; or
c. Suspends the execution thereof.
ARTICLE 240
USURPATION OF EXECUTIVE FUNCTIONS
Elements:
2. That he:
a. Assumes a power pertaining to the executive authorities; or
b. Obstructs the executive authorities in the lawful exercise of their powers.
Legislative officers are not liable for usurpation of powers.
ARTICLE 241
USURPATION OF JUDICIAL
FUNCTIONS
Elements:
1. That the offender is an officer of 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
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within his jurisdiction.
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ARTICLE 242
DISOBEYING REQUEST FOR DISQUALIFICATION
Elements:
2. That a proceeding is pending before such public officer;
3. That there is a question brought before the proper authority regarding
his jurisdiction, which is not yet decided;
4. That he has been lawfully required to refrain from continuing the
proceeding; and
5. That he continues the proceeding.
ARTICLE 243
ORDERS OR REQUESTS BY EXECUTIVE OFFICERS TO ANY
JUDICIAL AUTHORITY
Elements:
1. That the offender is an executive officer;
2. That he addresses any order or suggestion to any judicial authority; and
3. That the order or suggestion relates to any case or business coming within
the exclusive jurisdiction of the courts of justice.
ARTICLE 244
UNLAWFUL APPOINTMENTS
Elements:
2. That he nominates or appoints a person to a public office;
3. That such person lacks the legal qualifications therefor; and
4. That the offender knows that his nominee or appointee lacks the
qualification at the time he made the nomination or appointment.
The offense is committed by “nominating” or by “appointing.” “Nominate” is

different from “recommend.” Recommending, knowing that the recommendee
has no qualification, is not a crime There must be a law providing for the
qualifications of a person to be nominated or appointed to a public office.
SECTION FOUR: ABUSES AGAINST CHASTITY
ARTICLE 245
ABUSES AGAINST CHASTITY – PENALTIES
Ways of committing abuses against chastity:

1. By soliciting or making immoral or indecent advances to a woman
interested in the matters pending before the offending officer for decision,
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or with respect to which he is required to submit a report to or consult

with a superior officer.
2. By soliciting or making immoral or indecent advances to a woman under
the offender’s custody.
3. By soliciting or making immoral or indecent advances to the wife,
daughter, sister or relative within the same degree by affinity of any
person in the custody of the offending warden or officer.
Elements:
2. That he solicits or makes immoral or indecent advances to a woman; and
3. That such woman must be —
a. Interested in matters pending before the offender for decision, or with
respect to which he is required to submit a report to or 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 relative within the same degree by affinity
of the person in the custody of the offender.
The mother of the person in the custody of the offender is NOT included.
Solicit
Means to propose earnestly and persistently something unchaste and immoral
to a woman.
This crime is consummated by mere proposal. If the offender succeeds in

committing a crime against chastity, the solicitation and advances are
considered merely as preparatory acts.
Proof of solicitation is NOT necessary when there is sexual intercourse.
Note: See also RA 7877, the “Anti-Sexual Harassment Act of 1995” which
applies where the accused demands, requests or otherwise requires any sexual
favors from the victim in a work, education or training-related environment.
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Title Eight: Crimes Against Persons

SECTION ONE: PARRICIDE, MURDER, HOMICIDE
ARTICLE 246
PARRICIDE
Elements:
1. That a person is killed;
2. That the deceased is killed by the accused; and
3. That the deceased is the father, mother, or child, whether legitimate or
illegitimate, or a legitimate other ascendant or other descendant, or the
legitimate spouse, of the accused.
Cases of parricide when the penalty shall NOT be reclusion perpetua to

death:
1. Parricide through negligence (Art. 365).
2. Parricide by mistake (Art. 249).
3. Parricide under exceptional circumstances (Art. 247).
The child should not be less than 3 days old; otherwise the crime is infanticide.
(Art. 255)
Relationship of the offender with the victim is the essential element of the
crime. Hence:
a. If a person wanted to kill a stranger but by mistake killed his own father,
he will be held liable for parricide BUT Art. 49 will apply as regards the
proper penalty to be imposed, that is, the penalty for the lesser offense in
its maximum period.
b. A stranger who cooperates and takes part in the commission of the crime
of parricide is not guilty of parricide but only of homicide or murder, as
the case may be. The key element in parricide is the relationship of the
offender with the victim (People vs. Dalag, G.R. No. 129895, April 30,
2003).
c. The relationship between the offender and the victim must be alleged.
The law does NOT require knowledge of relationship, thus, a person who
killed another not knowing that the latter was his son will still be held guilty of
parricide.
The fact that the husband only intended to maltreat his wife does not exempt
him from liability for resulting and more serious crime committed (People vs.
Tomotorgo,G.R. No. L-47941, April 30, 1985).
Legitimacy need NOT be alleged when the accused killed his (1)father, (2)
mother or (3) child.
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However, with respect to the other ascendant, descendant or spouse, the

relationship MUST be legitimate.
An adopted child is considered as a legitimate child BUT since the relationship

is exclusive between the adopter and the adopted child, killing the parents of
the adopter is not considered parricide of “other (legitimate) ascendants”.
ARTICLE 247
DEATH OR PHYSICAL INJURIES INFLICTED UNDER
EXCEPTIONAL CIRCUMSTANCES
Elements:
1. That a legally married person or a parent surprise 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. That 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; and
3. That 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.
The requisites of Art. 247 must be established by the evidence of the defense
and accused cannot enter into a conditional plea of guilty and be sentenced
with destierro since the prosecution will have to charge the defendant with
parricide and/or homicide, in case death results, or of serious physical injuries
in other cases.
For Art. 247 to apply, the offender must prove that he actually surprised his
wife and (her paramour) in flagrante delicto, and that he killed the man during
or immediately thereafter. Evidence of the victim’s promiscuity is
inconsequential to the killing (People vs. Puedan, G.R. No. 139576, September
2, 2002).
Surprise
To come upon suddenly and unexpectedly.
Sexual intercourse does NOT include preparatory acts.
Immediately thereafter
The discovery, the escape, the pursuit and the killing must all form part of one
continuous act (U.S. vs. Vargas, et al., G.R. 1053, May 7, 1903).
The accused must be a legally married person and the word “spouse” shall
include “wife.”
The parent need NOT be legitimate.
No liability for less serious or slight physical injuries suffered by third persons
during the commission of the act under this article.
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Justification for Art. 247

The law considers the spouse or parent as acting in a justified burst of passion.
ARTICLE 248
MURDER
Murder
Unlawful killing of any person which is not parricide or infanticide, provided
that any of the following circumstances is present:
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 calamities enumerated in the preceding paragraph,
or of an earthquake, eruption of a volcano, destructive cyclone, epidemic,
or any other public calamity;
5. With evident premeditation; or
6. With cruelty, by deliberately and inhumanly augmenting the suffering of
the victim, or outraging or scoffing at his person or corpse (As amended by
RA No. 7659).
Elements:
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended by any of the qualifying circumstances
mentioned in Art. 248; and
4. That the killing is not parricide or infanticide.
Rules for the application of the circumstances which qualify the killing to
murder:
1. That murder will exist with only one of the circumstances described in
Art. 248.
2. Where there are more than one qualifying circumstance present, only one
will qualify the killing, with the rest to be considered as generic
aggravating circumstances.
3. That when the other circumstances are absorbed or included in one
qualifying circumstance, they cannot be considered as generic aggravating.
4. That any of the qualifying circumstances enumerated in
Art. 248 must be alleged in the information.
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Outraging (physical act)

Means to commit an extremely vicious or deeply insulting act.
Scoffing (verbal act)

Means to jeer, and implies a showing of irreverence.
Dismemberment of a dead body is one manner of outraging or scoffing at the

corpse of the victim and qualifies the killing to murder (People vs. Guillermo,
G.R. No. 147786, January 20, 2004).
If homicide or murder is committed with the use of an unlicensed firearm, such

use of an unlicensed firearm shall be considered as an aggravating
circumstance. (R.A. No. 8294, Sec. 1)
Treachery and Evident Premeditation are inherent in murder by means of

Poison BUT the Use of Poison is not inherent in murder. It only becomes
inherent if there is intent to kill and the poison is used as a means to kill.
ARTICLE 249
HOMICIDE
Homicide
The unlawful killing of any person, which is NOT parricide, murder or
infanticide.
Intent to kill is conclusively presumed when death results; evidence of intent to

kill is important only in attempted or frustrated homicide.
Intent to kill is usually shown by the kind of weapon used and part of the body
wounded.
Elements:
1. That a person was killed;
2. That the accused killed him without any justifying circumstance;
3. That the accused had the intention to kill, which is presumed; and
5. That the killing was not attended by any of the qualifying circumstances
of murder, or by that of parricide or infanticide
The use of an unlicensed firearm is an aggravating circumstance in homicide
and is NOT to be considered as a separate offense (RA No. 8294, Sec. 1).
Corpus Delicti
Actual commission of the crime charged and not the body of the person killed.
Accidental Homicide
Is the death of a person brought about by a lawful act performed with proper
care and skill and without homicidal intent. e.g. death in boxing bout. There is
NO FELONY committed in this case.
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In an attempted or frustrated homicide, the offender must have the intent to kill
the victim. If there is no intent to kill on the part of the offender, he is liable for
physical injuries.
In all crimes against persons in which the death of the victim is an element of
an offense, there must be satisfactory evidence of (1) the fact of death and (2)
the identity of the victim.
When there is no way of determining how the attack was committed, treachery
cannot be considered and the accused is guilty of homicide only (People vs.
Dela Cruz, G.R. No. 152176, October 1, 2003).
There is no such crime as frustrated homicide through imprudence.
ARTICLE 250
PENALTY FOR FRUSTRATED PARRICIDE, MURDER, OR
HOMICIDE
 Courts may impose a penalty two degrees lower for frustrated

parricide, murder or homicide.
 Courts may impose a penalty three degrees lower for attempted
parricide, murder or homicide.
 This provision is permissive, NOT MANDATORY.
ARTICLE 251
DEATH CAUSED IN A TUMULTUOUS AFFRAY
Elements:
1. That there be several persons;
2. That they did not compose groups organized for the common purpose of
assaulting and attacking each other reciprocally, otherwise, they may be
held liable as co- conspirators;
3. That these several persons quarreled and assaulted one another in a
confused and tumultuous manner;
4. That someone was killed in the course of the affray;
5. That it cannot be ascertained who actually killed the deceased; and
6. That the person or persons who inflicted serious physical injuries or who
used violence can be identified
Persons liable:
1. The person or persons who inflicted the serious physical injuries are
liable.
2. If it is not known who inflicted the serious physical injuries on the
deceased – ALL the persons who used violence upon the person of the
victim are liable, but with lesser liability.
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Tumultuous affray
A melee or free-for-all, where several persons not comprising definite or
identifiable groups attack one another in a confused and disorganized manner
resulting in the death or injury of one or some of them.
Tumultuous affray exists when at least four persons took part.
When the quarrel is between a distinct group of individuals, one of whom was
sufficiently identified as the principal author of the killing, as against a
common, particular victim, it is not a "tumultuous affray" within the meaning
of Art. 251 of the RPC (People vs. Unlagada, G.R. No. 141080, September 17,
2002). In such a case, the crime committed is homicide under Art. 249.
The victim may be a participant or non-participant thereof.
ARTICLE 252
PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY
Elements:
1. That there is a tumultuous affray as referred to in Art. 251;
2. That a participant or some participants thereof suffer serious physical
injuries or physical injuries of a less serious nature only;
3. That the person responsible therefor cannot be identified; and
4. That all those who appear to have used violence upon the person of the
offended party are known.
Injured/victim must be a participant in the affray.

Only those who used violence are punished, because if the one who caused the
physical injuries is known, he will be liable for the physical injuries actually
committed, and not under this article.
ARTICLE 253
GIVING ASSISTANCE TO SUICIDE
Acts punished:
1. By assisting another to commit suicide, whether the suicide is
consummated or not.
2. By lending his assistance to another to commit suicide to the extent of
doing the killing himself.
A person who attempts to commit suicide is not criminally liable even if an

innocent third person or property is hurt or damaged.
The penalty for giving assistance to suicide if the offender is the father, mother,
child or spouse of the one committing suicide is the same since the law does
not distinguish.
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Euthanasia or “Mercy-Killing”
Is a practice of painlessly putting to death a person suffering from some
incurable disease.
A doctor who resorted to euthanasia may be held liable for murder under Art.
248 since euthanasia is not giving assistance to suicide BUT doing the killing
himself.
In euthanasia, the person killed does not want to die.
ARTICLE 254
DISCHARGE OF FIREARMS
Elements:
1. That the offender discharges a firearm against or at another person; and
2. That the offender has no intention to kill that person.
It is not applicable to police officers in the performance of their duties.
The PURPOSE of the offender is only to intimidate or

frighten the offended party.
If in the discharge of firearm, the offended party is hit and wounded, there is a
complex crime of discharge of firearm with serious or less serious physical
injuries; BUT if only slight physical injuries were inflicted, there is no complex
crime (BUT two separate crimes) since such physical injuries constitutes a light
felony.
The crime is discharge of firearm even if the gun was not pointed at the
offended party when it was fired, as long as it was initially aimed by the
accused at or against the offended party.
If the firearm was not aimed against or at another person, the crime committed
is alarms and scandals.
No offense for Illegal discharge of firearms through imprudence.
SECTION TWO: INFANTICIDE AND ABORTION
ARTICLE 255
INFANTICIDE
Infanticide
It is the killing of any child less than three days of age, whether the killer is the
parent or grandparent, any other relative of the child, or a stranger.
Elements:
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1. That a child was killed;

2. That the deceased child was less than three days (72 hours) of age; and
3. That the accused killed the said child.
No crime of infanticide is committed if the child has been dead or if, although
born alive, it could not sustain an independent life when it was killed.
Father or mother or other legitimate ascendant who kills a child less than three
days old shall suffer the penalty for parricide.
Other person who kills or who cooperates with the mother or maternal
grandparent in killing a child less than three days old will suffer the penalty for
murder.
Only the mother and the maternal grandparents of the child are entitled to the
mitigating circumstance of concealing the dishonor.
The delinquent mother who claims concealing dishonor must be of good

reputation and good morals.
Treachery is inherent in infanticide.
ARTICLE 256
INTENTIONAL
ABORTION
Intentional abortion
Willful killing of the fetus in the uterus or the violent expulsion of the fetus
from the maternal womb which results in the death of the fetus.
Ways of Committing Intentional Abortion:

1. By using any violence upon the person of the pregnant woman;
2. By acting, without using violence and without the consent of the woman
(by administering drugs or beverages upon such pregnant woman without
her consent; and
3. By acting, with the consent of the pregnant woman, by administering
drugs or beverages.
Elements:
1. That there is a pregnant woman;
2. That violence is exerted, or drugs or beverages administered, or that the
accused otherwise acts upon such pregnant woman;
3. That as a result of the use of violence or drugs or beverages upon her, or
any other act of the accused, the fetus dies, either in the womb or after
having been expelled therefrom; and
4. That the abortion is intended.
Person liable in Intentional Abortion:

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1. The person who intentionally caused the abortion under Art. 256.
2. The pregnant woman if she consented under Art. 258.
As long as the fetus dies as a result of the violence used or the drugs
administered, the crime of abortion exists, even if the fetus is over or less than
6 months, or is full term.
If the fetus could sustain an independent life (the fetus must have had an
intrauterine life of not less than 7 months) after its separation from the
maternal womb, and it is killed, the crime is infanticide, not abortion.
Fetus must die in consummated abortion. If it is intentional abortion and the

fetus does not die, it is frustrated intentional abortion when all the acts of
execution have been performed by the offender.
If the abortion is not intended and the fetus does not die, in spite of the violence
intentionally exerted, the crime may only be physical injuries. There is no
crime of frustrated unintentional abortion, in view of the lack of intention to
cause an abortion.
If there is no intention to cause abortion and no violence, there is no abortion of
any kind.
ARTICLE 257
UNINTENTIONAL ABORTION
Elements:
1. That there is a pregnant woman;
2. That violence is used upon such pregnant woman without intending an
abortion;
3. That the violence is intentionally exerted; and
4. That as a result of the violence, the fetus dies, either in the womb or after
having been expelled therefrom.
Violence refers to actual physical force.
CONFLICTING VIEWS: The offender must have known of the woman’s

pregnancy (People v. Carnaso, C.A., 61 OG 3623) However, in US v. Jeffrey
(GR No. 5597, March 5, 1910), it was ruled that knowledge of such pregnancy
was not necessary.
In the case of People vs. Salufrania (G.R. No. L-50884 March 30, 1988), the
Supreme Court ruled that despite knowledge of the accused of his wife’s
pregnancy, the intent to cause the abortion has not been sufficiently established,
thus, the accused is only liable for the complex crime of parricide (for the death
of wife) with unintentional abortion (for the death of the fetus in the mother’s
womb).
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If grave threats were made to cause abortion, a complex crime of grave threats
and intentional abortion is committed. If light threats were made, two separate
crimes of light threats and intentional abortion are committed.
There is a complex crime of homicide with unintentional abortion (People v.

Genoves, 33 O.G. 2201).
There is complex crime of parricide with abortion (People v. Villanueva, G.R.

No. 95851 March 1, 1995).
ARTICLE 258
ABORTION PRACTICED BY THE WOMAN HERSELF OR HER
PARENTS
Elements:
1. That there is a pregnant woman who has suffered an abortion;
2. That the abortion is intended; and
3. That the abortion is caused by –
a. The pregnant woman herself;
b. Any other person, with her consent; or
c. Any of her parents, with her consent, for the purpose of
concealing her dishonor.
Under a and c above, the woman is liable under Art. 258; while the third person
under b is liable under Art. 256.
If the purpose is other than to conceal the woman’s dishonor, abortion by any
of her parents falls under Art. 256.
Liability of the pregnant woman is mitigated if her (not including the maternal
grandparents’) purpose is to conceal her dishonor.
There is no mitigation for parents of the pregnant woman even if the purpose is
to conceal dishonor in abortion, unlike in infanticide.
ARTICLE 259
ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE IN
DISPENSING OF ABORTIVES
Elements:
1. That there is a pregnant woman who has suffered an abortion;
2. That the abortion is intended;
3. That the offender, who must be a physician or midwife, causes, or assists
in causing the abortion; and
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4. That said physician or midwife takes advantage of his or her scientific

knowledge or skill.
The penalties provided for intentional abortion shall be imposed in the

maximum period upon the physician or midwife. They are severely punished
because they incur a heavier guilt in making use of their knowledge for the
destruction of human life, where it should be used only for its preservation.
If abortion was not intended or was a result of a mistake, no crime is committed.
If the woman is not really pregnant, an impossible crime is committed.
As to PHARMACISTS, the Elements are:

1. That the offender is a pharmacist;
2. That there is no proper prescription from a physician; and
3. That the offender dispenses any abortive.
This crime is consummated by dispensing an abortive without proper

prescription from a physician. It is not necessary that the abortive was actually
used.
It is immaterial that the pharmacist knows that the abortive would be used for
abortion. Otherwise, he shall be liable as an accomplice in the crime of
abortion should abortion result from the use thereof.
SECTION THREE: DUEL
ARTICLE 260
RESPONSIBILITY OF PARTICIPANTS IN A DUEL
Acts punished:
1. By killing one’s adversary in a duel;
2. By inflicting upon such adversary physical injuries; and
3. By making a combat although no physical injuries have been inflicted.
Persons liable:
1. The person who killed or inflicted physical injuries upon his adversary or
both combatants in any other case, as principals.
2. The seconds, as accomplices.
Duel
A formal or regular combat previously concerted between two parties in the
presence of two or more seconds of lawful age on each side, who make the
selection of arms and fix all other conditions of the fight.
Seconds
The persons who make the selection of the arms and fix the other conditions of
the fight.
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Self defense cannot be invoked if there was a pre- concerted agreement to fight,
but if the attack was made by the accused against his opponent before the
appointed place and time, there is an unlawful aggression, hence self-defense
can be claimed.
If death results, penalty is the same as that for homicide.
ARTICLE 261
CHALLENGING TO A DUEL
Acts Punished:
1. By challenging another to a duel;
2. By inciting another to give or accept a challenge to a duel; and
3. By scoffing or decrying another publicly for having refused to accept a
challenge to fight a duel.
Persons liable:
1. Challenger
2. Instigators
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 (ARTS. 262-266)
ARTICLE 262
MUTILATION
Two kinds:
1. By intentionally mutilating another by depriving him, either totally or
partially, of some essential organ for reproduction (castration).
Elements:
a. That there be castration, that is, mutilation of organs necessary for
generation, such as penis or ovarium; and
b. That 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
necessarily involve the cutting off of the organ or any part thereof. It suffices
that it is rendered useless.
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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 the body (mayhem).
The law looks NOT only to the result but also to the intention or purpose of the
act. Mutilation is always intentional.
The intention of the offender to deprive the victim of the body part whether by
castration or mayhem is essential and must thus exist in either case.
Cruelty, as understood in Art 14 (21), is inherent in mutilation and, in fact, that
is the only felony where the said circumstance is an integral part and is
absorbed therein. If the victim dies, the crime is murder qualified by cruelty,
but the offender may still claim and prove that he had no intention to commit
so grave a wrong.
ARTICLE 263
SERIOUS PHYSICAL INJURIES
How committed:
1. By wounding;
2. By beating;
3. By assaulting; or
4. By administering injurious substance.
Serious physical injuries

1. When the injured person becomes insane, imbecile, impotent or blind in
consequence of the physical injuries inflicted;
Impotence
Means inability to copulate.
Blindness must be complete; it must be of both eyes.
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;
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.
Loss of power to hear must be of both ears; if one ear only, such injury falls
under paragraph
Loss of use of hand or incapacity for usual work must be permanent.
3. When the person injured –

a. Becomes deformed, or
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b. Loses any other member of his body, or

c. Loses the use thereof, or
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.
In paragraphs 2 and 3, the offended party must have a vocation or work at the
time of the injury.
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 the
physical injuries inflicted.
30 days < X ≤ 90 days.
Paragraph 4 speaks of incapacity for any kind of labor.
Note: Hospitalization for more than 30 days may mean either illness or
incapacity for labor for more than 30 days.
This crime is considered a formal crime since it is punished based on the

gravity of the injuries inflicted. What is penalized in the crime of injuries is the
result. Thus, it is always consummated and cannot be committed in the
attempted or frustrated stage.
If a robbery is committed and the injured person suffers that enumerated under
numbers 3 and 4, the crime/s committed is/are:
a. Special complex crime of robbery with serious physical injuries – if the
injured person is not responsible for the robbery.
b. Separate crimes of robbery and serious physical injuries – if the injured
person is a robber.
There must be NO INTENT TO KILL; otherwise, the crime would be

attempted or frustrated homicide, parricide or murder, as the case maybe.
Where the category of the offense of serious physical injuries depends on the
period of illness or incapacity for labor, there must be evidence of that length
of that period; otherwise, the offense shall only be slight physical injuries.
Serious physical injuries may be committed by reckless imprudence or by

simple imprudence or negligence under Art. 365 in relation to Art. 263.
Insanity
Means loss of reason or will; failure to determine right from wrong; failure to
perceive things as they are.
Lessening of efficiency due to injury is not incapacity.
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Work
Includes studies or preparation for a profession.
Requisites of deformity:
1. Physical ugliness;
2. Permanent and definite abnormality; and
3. Must be conspicuous and visible.
The injury to cause deformity is one that cannot be replaced by nature.
A scar produced by an injury constitutes deformity within the meaning of

paragraph 3 of this article.
Physical Injuries Attempted or Frustrated Homicide
The offender inflicts Attempted homicide may be committed,

physical injuries. even if no physical injuries are inflicted.
Offender has no intent to kill The offender has an intent to kill the
the offended party. offended party.
Qualifying Circumstances:
1. Offense committed against persons enumerated in the crime of
parricide.
2. With the attendance of circumstance which qualifies the crime to
murder.
HOWEVER, the “qualified penalties” are NOT applicable to parents who

inflict serious physical injuries upon their children by excessive chastisement.
ARTICLE 264
ADMINISTERING INJURIOUS SUBSTANCE OR BEVERAGES
Elements:
1. That the offender inflicted upon another any serious physical injury;
2. That it was done by knowingly administering to him any injurious
substances or beverages or by taking advantage of his weakness of mind
or credulity; and
3. That he had no intent to kill.
It is frustrated murder if there was intent to kill.
“Administering injurious substance”
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Means introducing into the body the substance.
If the accused did not know of the injurious nature of the substances he
administered, he shall not be liable under this Article.
Art. 264 does not apply when the physical injuries that result are less serious or
light, they will be treated under Art. 265 or 266, as the case may be.
ARTICLE 265
LESS SERIOUS PHYSICAL INJURIES
Elements:
The offended party is incapacitated for labor for 10 days or more but not more
than 30 days, or needs medical attendance for the same period; and
10 days ≤ X ≤ 30 days
1. The physical injuries must not be those described in the
preceding articles.
Qualified Less Serious Physical Injuries:

1. A fine not exceeding P500, in addition to arresto mayor, shall be
imposed for less serious physical injuries when:
a. There is manifest intent to insult or offend the injured person; or
b. There are circumstances adding ignominy to the offense.
2. A higher penalty is imposed when the victim is either:
a. The offender’s parent, ascendant, guardian, curator or teacher; or
b. Persons of rank or persons in authority, provided the crime is not direct
assault.
The law includes 2 subdivisions, to wit:

1. The inability for work; and
2. The necessity for medical attendance
Therefore, although the wound required medical attendance for only 2 days, yet,
if the injured party was prevented from attending to his ordinary labor for a
period of 29 days, the physical injuries sustained are denominated as less
serious.
In the absence of proof as to the period of the offended party’s incapacity for
labor or of required medical attendance, offense committed is only slight
physical injuries.
There must be proof as to the period of the required medical attendance
(People v. Penesa, 81 Phil. 398, Aug. 19, 1948).
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ARTICLE 266
SLIGHT PHYSICAL INJURIES AND MALTREATMENT
Kinds:
1. Physical injuries which incapacitated the offended party for labor from
one to nine days, or required medical attendance during the same period;
2. Physical injuries which did not prevent the offended party from
engaging in his habitual work or which did not require medical attendance;
and
3. Ill-treatment of another by deed without causing any injury.
Example: Any physical violence which does not produce injury, such as
slapping the face of the offended party, without causing a dishonor.
When there is no evidence of actual injury, it is only slight physical injuries.
Supervening event converting the crime into serious physical injuries after the
filing of the information for slight physical injuries can still be the subject of a
new charge.
If physical injuries were inflicted with an intent to insult or humiliate the

injured person, the intent to insult or humiliate shall be:
Considered as an aggravating circumstance of ignominy in case of serious

physical injuries.
Considered in increasing the penalty and qualifying the crime in case of less
serious physical injuries.
Separate crime of slander by deed in case of slight physical injuries.
Physical Injuries Mutilation

No SPECIAL There is SPECIAL INTENTION to
INTENTION to clip off some part of clip off some part of the body so as
the body so as to deprive he offended to deprive him of such part.
party of such part.
ANTI-HAZING LAW
(R.A. No. 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 similar activities or otherwise
subjecting him to physical or psychological suffering or injury
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Allowed Initiation Rites (Section 2)

Those that have prior written notice to the school authorities or head of
organization 7 days before the conduct of such initiation. The written notice
shall contain the following:
1. Period of the initiation activities which shall not exceed 3 days.
2. Names of those to be subjected to such activities.
Undertaking that no physical violence be employed by anybody
What acts are punishable: All acts so long as it caused physical injuries at the
very least.
Persons liable:
1. Officers and members of the fraternity, sorority or organization who
actually participated in the infliction of physical harm shall be liable as
principals – if the person subjected to hazing suffers any physical injury or
dies as a result thereof.
2. Owner of the place where the 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.
3. Parents shall be liable as principals – when they have actual knowledge
of the hazing conducted in the home of one of the officers or members of
the fraternity, sorority or organization, but failed to prevent the same.
4. School authorities and faculty members shall be liable as accomplices –
when they consent to the hazing or have actual knowledge thereof, but
failed to take any action to prevent the same from occurring.
5. Officers, former officers or alumni of the organization, group, fraternity
or sorority shall be liable as principals – if they actually planned the hazing,
although not present when the acts constituting the hazing were committed.
6. Officers or members of the organization, group, fraternity or sorority
shall be liable as principals – if they knowingly cooperated in carrying out
the hazing by inducing the victim to be present thereat.
7. The fraternity or sorority’s adviser shall be liable as principal - if he was
present when the acts constituting the hazing were committed and failed to
take any action to prevent the same.
The presence of “any person” (i.e. whether or not member of the

fraternity/sorority) during the hazing is prima facie evidence of participation
therein as a principal UNLESS he prevented the commission of the prohibited
acts.
The mitigating circumstance that there was no intention to commit so grave a

wrong shall NOT APPLY (Sec. 4, par. e, R.A. No. 8049).
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ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT
OF 2004
Violence against women and their children refers to any act or a 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 had 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. It includes, but is not
limited to, the following acts:
1. "Physical Violence" refers to acts that include bodily or physical harm;
2. "Sexual violence" refers to an 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 her/him to watch obscene publications and indecent shows or
forcing the woman or her child to do indecent acts and/or make films
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;
c. Prostituting the woman or child.
3. "Psychological violence" refers to 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" refers to 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 spouse/partner objects on valid, serious and
moral grounds as defined in Article 73 of the Family Code;
b. deprivation or threat of deprivation of financial resources and the right
to the use and enjoyment of the conjugal, community or property owned
in common;
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c. destroying household property;

d. controlling the victims' own money or properties or solely controlling
the conjugal money or properties (Sec 3).
Punishable Acts
The crime of violence against women and their children is committed through
any of the following acts:
1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child physical harm;
3. Attempting to cause the woman or her child physical harm;
4. Placing the woman or her child in fear of imminent physical harm;
5. 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:
a. Threatening to deprive or actually depriving the woman or her child of
custody to her/his family;
b. 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;
c. Depriving or threatening to deprive the woman or her child of a
legal right;
d. Preventing the woman in engaging in any legitimate profession,
occupation, business or activity or controlling the victim's own mon4ey
or properties, or solely controlling the conjugal or common money, or
properties;
6. Inflicting or threatening to inflict physical harm on oneself for the purpose
of controlling her actions or decisions;
7. 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 or her/his immediate family;
8. 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
not be limited to, the following acts:
a. Stalking or following the woman or her child in public or private places;

b. Peering in the window or lingering outside the residence of the woman
or her child;
c. Entering or remaining in the dwelling or on the property of the woman
or her child against her/his will;
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d. Destroying the property and personal belongings or inflicting harm to

animals or pets of the woman or her child; and
e. Engaging in any form of harassment or violence;
9. 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 (Sec.5).
CHAPTER THREE: RAPE

(ARTS. 266-A – 266-D)
ARTICLE 266-A
THE ANTI-RAPE LAW (RA 8353)
Classification of Rape
1. Traditional Rape under Art. 335 – carnal knowledge of a woman against
her will; in this case, the offender is always a man and the offended party is
always a woman.
2. Sexual Assault under R.A. 8353 – this 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 and the offended party can either be a man or a woman in the case
of the insertion of any instrument or object.
How rape is committed:

1. By a man who shall have carnal knowledge of a woman under any of the
following circumstances:
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or otherwise unconscious;
c. By means of fraudulent machinations or grave abuse of authority;
d. When the offended party is under twelve (12) years of age or is
demented, even though none of the circumstances mentioned above be
present.
Elements:
a. That the offender is a man;
b. That the offender had carnal knowledge of a woman; and
c. That such act is accomplished under any of the following circumstances:
i. By using force, threat or intimidation; or
ii. When the woman is deprived of reason or otherwise unconscious; or
iii. By means of fraudulent machination or grave abuse of authority; or
iv. When the woman is under 12 years of age or demented.
Notes: The offender must not have known that the victim is demented,
otherwise qualified rape is committed.
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Circumstance (iv) does not only pertain to chronological age but also to mental
age (People vs. Atento, G.R. No. 84728 April 26, 1991).
2. By any person who, under any of the circumstances mentioned in

paragraph 1, shall commit an act of sexual assault by inserting his penis
into another person’s mouth or anal orifice, or any instrument or object,
into the genital or anal orifice of another person.
Elements:
a. That the offender commits an act of sexual assault;
b. That the act of sexual assault is committed by any of the following means:
i. By inserting his penis into another person’s mouth or anal orifice;
ii. By inserting any instrument or object into the genital or anal
orifice of another person.
c. That the act of sexual assault is accomplished under any of the
circumstances enumerated under the first act of committing rape.
Under R.A. 8353, the crime of rape can now be committed by a male or a
female.
To be CONSUMMATED, it is not essential that there be a complete

penetration of the female organ, neither is it essential that there be a rupture of
the hymen.
However, there must be sufficient and convincing proof that the penis indeed
touched the labias or slid into the female organ, and not merely stroked the
external surface thereof, for the accused to be convicted of consummated rape.
Absent of any showing of the slightest penetration of the female organ, it can
only be attempted rape, if not acts of lasciviousness (People vs. Campuhan,
G.R. No. 129433, March 30, 2000).
For a charge for rape by sexual assault with the use of one’s fingers or any
other object to be consummated, there should be evidence of at least the
slightest
penetration of the sexual organ and not merely a brush or graze of its surface
(People v. Dela Cruz, GR No. 180501, December 24, 2008).
There is NO crime of FRUSTRATED RAPE. The slightest penetration or mere

touching of the genitals consummates the crime of rape.
There is ATTEMPTED RAPE when there is no penetration of the female organ

because not all the acts of execution were performed. However, there must be
an intention to have carnal knowledge of the woman against her will.
Acknowledgment of the consummated act is not considered giving of consent.
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In Statutory Rape (when the girl is under 12 years of age), the offender’s
knowledge of the victim’s age is IMMATERIAL.
When the girl is under 12 years of age, rape is committed although she
consented to the sexual act or even if the girl is a prostitute. The law does not
consider that kind of consent as voluntary, as the offended party under 12 years
of age cannot have a will of her own.
If the offended woman is below 12 years of age, it is always rape. Her mental,
and not only the chronological age is considered. Thus, it is still rape if the
woman is 13 years old with a mental capacity of a 5 year old. Furthermore, the
amendatory law has added the more glaring and unfortunate situation of a
demented girl. Example: 31 year old mental retardate with the mental capacity
of a 5-year-old (People vs. Manlapaz, G.R. No. L-41819, Feb. 28, 1978).
Force employed against the victim of rape need not be of such character as
could not be resisted. It is enough that the force used is sufficient to
consummate the culprit’s purpose of copulating with the victim.
The test is whether the threat or intimidation produces a reasonable fear in the
mind of victim that if she resists or does not yield to the desires of thee accused,
the threat would be carried out.
If the woman contributed in some way to the consummation of the act, this
may constitute an offense other than rape.
Intimidation
Includes the moral kind; Intimidation must be viewed in light of the victim’s
perception and judgment at the time of rape and not by any hard and fast rule.
Having sex with a deaf-mute is not rape in the absence of proof that she is
imbecile.
There is NO crime of rape if liquor or drug is used to induce the victim’s

consent so as to incite her passion and it did not deprive her of her will power.
Moral ascendancy or influence exercised by the accused over the victim

substitutes for the element of physical force or intimidation in cases of rape.
Rape Shield Rule – Character of the woman is immaterial in rape. It is no

defense that the woman is of unchaste character, provided the illicit relations
were committed with force and violence, etc.
Rape may be committed using the fingers under the second act, but the
‘instrument or object’ other than the penis must be inserted into the genital or
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anal orifice of another person (Obaña v. Hon. Soriano, G.R. No. 60353. Aug.
21, 2001).
People v. Tulagan (G.R. no. 227363, March 12, 2019)
The award of civil indemnity, moral damages and exemplary damages in Acts
of Lasciviousness under Article 336 of the RPC, Acts of Lasciviousness in
relation to Section 5(b) of R.A. No. 7610, Lascivious Conduct under Section
5(b) of R.A. No. 7610, Sexual Assault under paragraph 2, Article 266-A of the
RPC, and Sexual Assault in relation to Section 5(b) of R.A. No. 7610, are as
follows:
Age of Victim: Under 12 years old or 12 years old or 18 years old and
demented below 18, or 18 above
Crime under special
Committed: circumstances
Acts of Acts of Lasciviousness Lascivious Not applicable
Lasciviousness under Article 336 of the conduct under
committed against RPC in relation to Section Section 5(b) of R.A.
children exploited 5(b) of R.A. No. No. 7610: reclusion
in prostitution or 7610: reclusion temporal in temporal in its
other sexual abuse its medium period medium period
to reclusion perpetua
Sexual Assault Sexual Assault under Lascivious Conduct Not applicable
committed against Article 266-A(2) of the under Section 5(b) of
children exploited RPC in relation to Section R.A. No.
in prostitution or 5(b) of R.A. No. 7610: reclusion
other sexual abuse 7610: reclusion temporal in temporal in its
its medium period medium period
Sexual Intercourse Rape under Article 266- Sexual Abuse under Not applicable
committed against A(1) of the RPC: reclusion Section 5(b) of R.A.
children exploited perpetua, except when the No. 7610: reclusion
in prostitution or victim is below 7 years old temporal in its
other sexual abuse in which case death penalty medium period
shall be imposed[76] to reclusion perpetua
Rape by carnal Rape under Article 266- Rape under Article Rape under
knowledge A(1) in relation to Art. 266- 266-A(1) in relation Article 266-A(1)
B of the RPC: reclusion to Art. 266-B of the of the
perpetua, except when the RPC: reclusion RPC: reclusion
victim is below 7 years old perpetua perpetua
in which case death penalty
shall be imposed
Rape by Sexual Sexual Assault under Lascivious Conduct Sexual Assault
Assault Article 266-A(2) of the under Section 5(b) of under Article
RPC in relation to Section R.A. No. 266-A(2) of the
5(b) of R.A. No. 7610: reclusion RPC: prision
7610: reclusion temporal in temporal in its mayor
its medium period medium period
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ARTICLE 266-B
QUALIFIED
RAPE
Rape under both acts of committing it is qualified by the following:

1. When rape is committed with the use of a deadly weapon or by two or more
persons;
2. When by reason or occasion of rape, the victim has become insane;
3. When the rape is attempted and a homicide is committed by reason of or on
the occasion of rape (special complex crime);
4. When by reason of or on occasion of rape, homicide is committed (special
complex crime);
5. 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 third civil degree, or the common law spouse of the parent of the
victim;
The statement that the victim “is the minor daughter” of the offender is not
enough. It is essential that the information must state the exact age of the
victim at the time of the commission of the crime (People v. Baniguid, G.R. No.
137714, Sept. 8, 2000).
The relationship of stepdaughter and stepfather presupposes a legitimate

relationship between the victim’s mother and the offender, i.e., they were
married after the marriage of the victim’s mother to her father was dissolved
(People vs. Melendres, G.R. 133999-4001, Aug. 31, 2000).
When the victim is under the custody of the police or military authorities or
any law enforcement or penal institution;
6. When the rape is committed in full view of the spouse, parent, or any of
the children or other relatives within the third civil degree of consanguinity;
7. 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 at
the time of the commission of the crime;
8. When the victim is a child below 7 years old;
9. When the offender knows that he is afflicted with HIV/AIDS or any
other sexually transmissible disease and the virus or disease is transmitted
to the victim;
10. When committed by any member of the AFP or para- military units
thereof of 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;
11. When by reason or on the occasion of the rape, the victim has suffered
permanent physical mutilation or disability;
12. When the offender knew of the pregnancy of the offended party at the
time of the commission of the crime;
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13. When the offender knew of the mental disability, emotional disorder
and/or physical disability of the offended party at the time of the
commission of the crime.
Rape with homicide is a special complex crime, but when homicide is

committed NOT by reason or on the occasion of rape, there is no special
complex crime of rape with homicide.
ARTICLE 266-C
EFFECT OF PARDON
Effects of pardon:
1. The subsequent valid marriage between the offender and the offended party
shall extinguish:
a. The criminal action or
b. The penalty already imposed.
2. The subsequent forgiveness of the wife to the legal husband shall

extinguish the criminal action or the penalty, PROVIDED that the crime
shall not be extinguished or the penalty shall not be abated if the marriage
is void ab initio. This is an exception to the rule that forgiveness by the
offended party shall not extinguish the penal action in crimes against
persons.
Since rape is now a crime against persons, marriage extinguishes the penal
action only as to the principal, i.e. the husband, but not as to the accomplices
and accessories.
The principle does not apply where MULTIPLE RAPE was committed because
while marriage with one defendant extinguishes the criminal liability, its
benefits cannot be extended to the acts committed by the others of which he is
a co-principal.
Prior to RA No. 8353, a husband cannot be guilty of rape committed upon his
wife because of the matrimonial consent which she gave when she assumed the
marriage relation. However, under Art 266-C of RA No. 8353, a husband may
be guilty of rape of his wife if it is the legal husband who is the offender.
ARTICLE 266-D
PRESUMPTIONS
Evidence which may be accepted in the prosecution of rape:

1. Any physical overt act manifesting resistance against the act of rape in any
degree from the offended party; or
2. Where the offended party is so situated as to render him/her incapable of
giving his/her consent.
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Title Nine: Crimes Against Personal Liberty and
Security SECTION ONE: ILLEGAL DETENTION
ARTICLE 267
KIDNAPPING AND SERIOUS ILLEGAL DETENTION
Elements:
1. That the offender is a private individual who is not any of the parents of
the victim nor a female; (People vs. Ponce, G.R. No. 171653, April 24,
2007);
2. That he kidnaps or detains another, or in any other manner deprives the
latter of his liberty; That the act of detention or kidnapping must be illegal;
and
3. The detention is illegal when not ordered by competent authority or not
permitted by law.That in the commission of the offense, any of the
following circumstances is present:
a. That the kidnapping or detention lasts for more than 3 days; or

b. That it is committed simulating public authority; or
c. That any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are made; or
d. That the person kidnapped or detained is a minor, female, or a public
officer (People vs. Mercado, G.R. No. L-65152, August 30, 1984).
It is NOT necessary that the victim be placed in an enclosure. It may consist

not only in placing a person in an enclosure but also in detaining him or
depriving him in any manner of his liberty, as long as the victim is detained or
deprived in any manner of his liberty.
The original Spanish version of Art. 267 of the RPC used the term "lock up"
(encarcerar) rather than "kidnap" (sequestrator or raptor) which "includes not
only the imprisonment of a person but also the deprivation of his liberty in
whatever form and for whatever length of time" (People v. Baldogo, G.R. Nos.
128106-07, January 24, 2003).
The crime is committed when the offender left the child in the house of another,
where the child had freedom of locomotion but not the freedom to leave it at
will because of his tender age (People v. Acosta, 60 O.G. 6999).
When Death Penalty is imposed

1. If the purpose is to extort ransom;
Ransom
It is the money, price, or consideration paid or demanded for redemption of a
captured person or persons, a payment that releases from captivity.
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2. When the victim is killed or dies as a consequence of the detention;

3. When the victim is raped; or
4. When the victim is subjected to torture or dehumanizing acts.
The essence of the crime of kidnapping is the actual deprivation of the victim’s
liberty coupled with the intent of the accused to effect it (People v. Pavillare
G.R. No. 129970, April 5, 2000).
If the person killed, tortured or raped is not the same victim of kidnapping or
detention, the crimes may be complexed or considered as separate offenses.
The essential element or act which makes the offense kidnapping is the
deprivation of an offended party’s liberty
under any of the four circumstances enumerated.
But when the kidnapping or detention was committed for the purpose of
extorting ransom, it is not necessary that one or any of such circumstances
enumerated in the first par. of Art. 267 be present. Actual demand for ransom is
NOT necessary.
Where the person kidnapped is killed in the course of the detention, regardless
of whether the killing was purposely sought or was merely an afterthought, the
kidnapping and murder or homicide can no longer be complexed under Art. 48
nor be treated as separate crimes but shall be punished as a special complex
crime under the last paragraph of Art. 267, as amended by RA 7659.
Regardless of the number of the victims killed, there is only one crime of
special complex crime of kidnapping with homicide or murder, as the case may
be. However, if the person killed is not the kidnap victim, it shall be treated as
a separate crime of homicide or murder, as the case may be.
When the victim is a minor and the accused is any of the parents, the penalty is
that provided for in Art. 271 par.2, RPC.
Where there is no showing that the accused intended to deprive their victims of
their liberty for some time and for some purpose, and there being no
appreciable interval between their being taken and their being shot from which
kidnapping may be inferred, the crimes committed were murder and frustrated
murder and not the complex crimes of kidnapping with murder and kidnapping
with frustrated murder.
If the primary and ultimate purpose of the accused is to kill the victim, the
incidental deprivation of the victim’s liberty does not constitute the felony of
kidnapping but is merely a preparatory act to the killing, and hence, is merged
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into, or absorbed by, the killing of the victim (People v. Delim, G.R. No.
142773, Jan. 28, 2003).
Illegal Detention Arbitrary Detention

Committed by a private individual Committed by a public officer or
who unlawfully kidnaps, detains or employee who detains a person without
otherwise deprives a person of legal ground.
liberty.
Crime is against personal liberty Crime against the fundamental laws of
and security. the State.
Kidnapping with Rape Forcible Abduction with Rape
Lewd design came after the intent to At the outset, there is already lewd
kidnap the victim. design.
It is a special complex crime. It is a complex crime under Article 48
since forcible abduction is a necessary
means of committing the crime of
rape.
If there is an attempted rape, it shall If there is an attempted rape, the
be considered a separate crime. crime committed is only forcible
abduction, the former being an
expression of the lewd design.
If there are multiple rapes, there is If there are multiple rapes, only one is
only one special complex crime complexed with forcible abduction and
of Kidnapping with Rape. the rest
shall be considered as separate crimes.
ARTICLE 268
SLIGHT ILLEGAL DETENTION
Elements:
1. That the offender is a private individual;
2. That he kidnaps or detains another, or in any manner deprives him of his
liberty;
3. That the act of kidnapping or detention is illegal; and
4. That the crime is committed without the attendance of the circumstances
enumerated in Art. 267.
Liability is mitigated when the following circumstances concur:

1. Offender voluntarily releases the person so kidnapped or detained within
three days from the commencement of the detention Without having
attained the purpose intended; and
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2. Before the institution of criminal proceedings against him.
When the victim is female, the detention is under Art 267; voluntary release is
not mitigating there.
Liability of accomplice in Slight Illegal Detention

The same penalty of reclusion temporal shall be incurred by anyone who shall
furnish the place for the perpetration of the crime. His participation is raised to
that of a real co- principal. If the crime is under Article 267, he is a mere
accomplice unless there was conspiracy.
ARTICLE 269
UNLAWFUL ARREST
Elements:
1. That the offender arrests or detains another person;
2. That the purpose of the offender is to deliver him to the proper authorities;
and
3. That the arrest or detention is unauthorized by law or there is no reasonable
ground therefor.
The offender is any person, whether a public officer or a private individual.

However, the public officer must not be vested with the authority to arrest or
detain a person or must not act in his official capacity. Otherwise, Art. 124 is
applicable and not Art. 269.
Unlawful Arrest Other Illegal Detention

Purpose of locking up or detaining the
victim is to deliver him to the proper
authorities, and develops to be Any other case.
unlawful.
No period of detention is fixed by law under Art. 269 but the motive of the
offender is controlling.
Delay in the Delivery of Detained Unlawful Arrest

Persons
Detention is for some legal ground Detention is not authorized by law
Committed by failing to deliver such Committed by making an arrest not

person to the proper judicial authority authorized by law
within a certain period
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SECTION TWO: KIDNAPPING OF MINORS
ARTICLE 270
KIDNAPPING & FAILURE TO RETURN A MINOR
Elements: (EF)
1. That the offender is entrusted with the custody of a minor person (less than
18 years old); – this is the essential element
2. That he deliberately fails to restore the said minor to his parents or guardian;
This may also be committed by the mother or father of the child. When
committed by either parent, penalty is only arresto mayor.
Kidnapping and failure to return a minor (Art. 270) is necessarily included in

Kidnapping and Serious Illegal Detention of Minor (Par. 4 of Art. 267), but
what differentiates them are the following:
Kidnapping and Serious Illegal Kidnapping and Failure to Return a

Detention of Minors Minor
Offender is not entrusted with the Offender is entrusted with the custody of
custody of the victim. the minor.
What is punished is the Illegal What is punished is the deliberate failure

detaining or kidnapping of the minor. of the offender having the custody of the
minor to restore him to his parents or
guardian.
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ARTICLE 271
INDUCING A MINOR TO ABANDON HIS HOME
Elements:
1. That a minor (less than 18 years old) is living in the home of his parents
or guardian or the person entrusted with his custody; and
2. That the offender induces said minor to abandon such home.
Inducement must be (a) actual, (b) committed with criminal intent and (c)
determined by a will to cause damage.
The crime committed may be exploitation of minors depending on the purpose
of the inducement.
“To induce”
Means to influence; to prevail on; to move by persuasion; or to incite by
motives.
Father or mother may commit crimes under Arts. 270 & 271 – where they are
living separately and the custody of the minor children has been given to one of
them.
It is not necessary that the minor actually abandons the home.
The minor should not leave his home on his own free will (People v. Ricarte
C.A. 49 O.G. 974).
SECTION THREE: SLAVERY AND SERVITUDE
ARTICLE 272
SLAVERY
Elements:
1. That the offender purchases, sells, kidnaps or detains a human being;
and
2. That the purpose of the offender is to enslave such human being.
Qualifying circumstance: When the purpose of the offender is to assign the

offended party to some immoral traffic.
If the victim is female, the crime committed may be that under Art. 341 or
white slave trade.
The purpose must be determined, if the purpose is to enslave the victim, it is
slavery; otherwise, it is kidnapping or illegal detention.
ARTICLE 273
EXPLOITATION OF CHILD LABOR
Elements:
1. That the offender retains a minor in his service;
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2. That it is against the will of the minor; and

3. That it is under pretext of reimbursing himselfof a debt incurred by an
ascendant, guardian or person entrusted with the custody of such minor.
Note the phrase “against the (minor’s) latter’s will”; hence, if the minor
consents to the offender’s retaining his services, there is no violation of this
article.
ARTICLE 274
SERVICES RENDERED UNDER
COMPULSION IN PAYMENT OF DEBT
Elements:
1. That the offender compels a debtor to work for him, either as household
servant or farm laborer;
2. That it is against the debtor’s will; and
3. That the purpose is to require or enforce the payment of a debt.
Note: Creditor-Debtor relationship between the offender and the offended

party must exist, otherwise, the crime committed is coercion.
There is no violation of this article if a debtor is compelled to work as an office

janitor because this article specifically provides that the debtor is compelled to
work as a household servant or farm laborer (Reyes, The Revised Penal Code
Book II, 17th ed., 2008 p. 597).
CHAPTER TWO: CRIMES AGAINST SECURITY

(ARTS. 275-289)
SECTION ONE: ABANDONMENT OF HELPLESS PERSONS AND

EXPLOITATION OF MINORS
ARTICLE 275
ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT
OF ONE’S OWN VICTIM
Acts punished:
By failing to render assistance to any person whom the offender finds in an
uninhabited place wounded or in danger of dying when he can render such
assistance without detriment to himself, unless such omission shall constitute a
more serious offense.
Elements:
a. The place is uninhabited;
b. The accused found there a person wounded or in danger of dying;
c. The accused can render assistance without detriment to himself; and
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d. The accused fails to render assistance.
2. By failing to help or render assistance to another whom the offender has

accidentally wounded or injured.
3. By failing to deliver a child under 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.
Uninhabited place
It is determined by possibility of person receiving assistance from another. The
place may still be considered uninhabited in legal contemplation even if there
are many houses around but the possibility of receiving assistance is remote.
The child under seven years of age must be found in an unsafe place.
It is immaterial that the offender did not know that the child is under seven
years.
ARTICLE 276
ABANDONING A MINOR
Elements:
1. That the offender has the custody of a child;
2. That the child is under seven years of age;
3. That he abandons such child; and
4. That he has no intent to kill the child when the latter is abandoned.
If there is intent to kill and the child dies, the crime would be murder, parricide,
or infanticide, as the case may be. If the child does not die, it is attempted or
frustrated murder, parricide or infanticide, as the case may be.
Intent to kill cannot be presumed from the death of the child. The ruling that
intent to kill is conclusively presumed from 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 Art. 176.
If the intent in abandoning the child is to lose its civil status, the crime under
Art. 347 (concealment or abandonment of a legitimate child) is committed.
Circumstances Qualifying the Offense:

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.
The act must be conscious and deliberate such that the abandonment deprives
the child of the care and protection from danger to his person.
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ARTICLE 277
ABANDONMENT OF MINOR ENTRUSTED WITH HIS CUSTODY;
INDIFFERENCE OF PARENTS
Acts punished:
1. By delivering a minor to a public institution or other persons without the
consent of the one who entrusted such minor to the care of the offender or,
in the absence of that one, without the consent of the proper authorities.
Elements of Abandonment of Minor:

1. That the offender has charge of the rearing or education of a minor;
2. That he delivers said minor to a public institution or other persons and;
3. That the one who entrusted such child to the offender has not consented
to such act, or if the one who entrusted such child to the offender is
absent, the proper authorities have not consented to it.
2. By neglecting his (offender’s) children by not giving them the education

which their station in life requires and financial condition permits.
Elements of Indifference of Parents:

1. That the offender is a parent;
2. That he neglects his children by not giving them education;
3. That his station in life requires such education and his financial
condition permits it.
Failure to give education must be due to deliberate desire to evade such

obligation.
The "neglect of child" punished under Art. 59(4) of PD 603 is also a crime
(known as "indifference of parents") penalized under the second paragraph of
Art. 277 of the RPC (De Guzman v. Perez, et al. G.R. No. 156013, July 25,
2006). The detention is illegal when not ordered by competent authority or not
permitted by law.
ARTICLE 278
EXPLOITATION OF MINORS
Acts Punished:
1. Causing any boy or girl under 16 years of age to perform any dangerous
feat of balancing, physical strength, or contortion, the offender being any
person.
2. Employing children under 16 years of age who are not children or
descendants of the offender in exhibitions of acrobat, gymnast, rope-
walker, diver, or wild animal tamer, the offender being an acrobat, etc., or
circus manager or engaged in a similar calling.
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3. Employing any descendant under 12 years of age in dangerous exhibitions

enumerated in the next preceding paragraph, the offender being engaged in
any of said callings.
4. Delivering a child under 16 years of age gratuitously to any person
following any calling enumerated in paragraph two, or to any habitual
vagrant or beggar, the offender being an ascendant, guardian, teacher, or
person entrusted in any capacity with the care of such child.
5. Inducing any child under 16 years of age to abandon the home of its
ascendants, guardians,curators or teachers to follow any person engaged in
any calling mentioned in paragraph two, or to accompany any habitual
vagrant or beggar, the offender being any person.
Must be of such nature as to endanger the life or safety of the minor.

Qualifying Circumstance: Delivery of the child is made in consideration of
any price, compensation or promise.
ARTICLE 279
ADDITIONAL PENALTIES FOR OTHER OFFENSES
Imposition of the penalties prescribed in the preceding articles (Art 275-278)

shall not prevent the imposition upon the same person of the penalty provided
for any other felonies defined and punished under the RPC.
SECTION TWO: TRESPASS TO DWELLING
ARTICLE 280
QUALIFIED TRESPASS TO DWELLING
Elements:
1. That the offender is a private person;
2. That he enters the dwelling of another;
3. That such entrance is against the will of the owner or occupant.
Rationale: To protect and preserve by law the privacy of one’s dwelling.
Qualifying Circumstance: If committed by means of violence/intimidation.
Simple Trespass to Dwelling Qualified Trespass to Dwelling
Offender enters the Offender enters the dwelling of

dwelling of another and the entrance another against the latter’s will and the
is against the latter’s will. offense is committed by means of
violence or intimidation.
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Dwelling place
Means any building or structure exclusively devoted for rest and comfort. It is
not necessary that it be the permanent dwelling of the person.
Determining factor of whether a building is a dwelling depends upon the use to
which it is put.
In general, all members of a household must be presumed to have authority to

extend an invitation to enter the house.
To commit trespass, the entrance by the accused should be against the

presumed/implied or express prohibition of the occupant. Lack of permission
does not amount to prohibition.
There is an implied prohibition when entrance is made through means not

intended for ingress.
Rule: Whoever enters the dwelling of another at late hour of the night after the
inmates have retired and closed their doors does so against their will.
Prohibition in this case is presumed.
If a person was killed after trespass by the offender, the following crimes are
committed:
a. If there was no intent to kill when he entered – separate crimes of
homicide or murder and qualified trespass to dwelling.
b. If there was intent to kill when he entered – the crime of
homicide/murder with dwelling as an aggravating circumstance.
Prohibition must be in existence prior to or at the time of entrance.

Prohibition is not necessary when violence or intimidation is employed by the
offender (qualified trespass).
Violence/Intimidation may be the method by which one may pass the threshold
of the dwelling of another or the conduct immediately after the entrance of the
offender.
Ordinarily, all trespassers have intention to commit another crime HOWEVER,
if there is no overt act of crime intended to be done, what is committed is
trespass to dwelling.
Trespass may be committed by the owner of a dwelling (i.e. lessor enters the
house leased to another against the latter's will).
If the offender is a public officer or employee, the crime committed is violation
of domicile.
Cases to which the provision of this article is 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.
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2. If the purpose is to render some service to humanity or justice.

3. If the place where entrance is made is a café, tavern, inn and other
public house, while the same are open.
Note: A person who believes that a crime has been committed against him has
every right to go after the culprit and arrest him without any warrant even if in
the process he enters the house of another against the latter’s will. (Sec. 6, Rule
113, Rules of Court).
ARTICLE 281
OTHER FORMS OF TRESPASS
Elements:
1. That the offender enters the closed premises or the fenced estate of
another;
2. That the entrance is made while either of them is uninhabited;
3. That the prohibition to enter be manifest; and
4. That the trespasser has not secured the permission of the owner or the
caretaker thereof.
Qualified Trespass to Dwelling Other Forms of Trespass

Offender is a private person. The offender is any person.
Offender enters a dwelling Offender enters closed premises or
house fenced estate.
Place entered is inhabited. Place entered is uninhabited.
Act constituting the crime is It is the entering the closed premises
entering the dwelling against the or the fenced estate without securing
will of the owner the permission of the owner or
caretaker
thereof.
Prohibition to enter is express or Prohibition to enter must be
implied manifest.
SECTION THREE: THREATS AND COERCION
ARTICLE 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. (with condition)
Elements of Grave Threats where the offender attained his purpose:
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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;
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 (with
condition; elements for this act are the same with the first except that the
purpose is not attained).
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 (without condition).
Elements of Grave Threats NOT subject to a condition:

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 the threat is not subject to a condition.
The third form of grave threats must be serious in the sense that it is deliberate
and that the offender persists in the idea involved in his threats.
Threats Coercion
Grave Threats Light Threats Intimidation is Intimidation or
essential. Violence is the
Act threatened Act threatened does essence of the
amounts to a not amount to a crime.
crime. crime. Intimidation is Force or Violence
future and must be imminent,
conditional. actual and
immediate.
Intimidation is Intimidation is
directed against directed against
the victim or his the victim only.
family.
Qualifying Circumstance: If threat was made in writing or through a

middleman.
Intimidation (promise of future harm or injury) is the essence of the crime.
The crime of threats is consummated the moment the threat comes to the
knowledge of the person threatened.
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Threats made in connection with the commission of other crimes are absorbed
by the latter.
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 to
its commission, the threat is absorbed by the other crime.
If the threat was made with the 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.
When the offender demands the money or property on the spot, the crime is not
grave threats BUT robbery with intimidation.
Note: Under PD 1829, the following acts purpose of which is to prevent a

person from appearing in the investigation of, or official proceedings in
criminal cases is punishable:
a. 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; or
b. Imposing a condition, whether lawful or unlawful.
ARTICLE 283
LIGHT
THREATS
Elements:
1. That the offender makes a threat to commit a wrong;
2. That the wrong does not constitute a crime;
3. That there is a demand for money or that other condition is imposed
even though not unlawful; and
4. That the offender has attained his purpose or, that he has not attained his
purpose.
Light threats are committed in the same manner as grave threats except that the
act threatened to be committed should not be a crime.
Note: Blackmailing may be punished under Art. 283.
ARTICLE 284
BOND FOR GOOD BEHAVIOR
When a person is required to give bail bond:

1. When he threatens another under the circumstances mentioned in Art. 282.
2. When he threatens another under the circumstances mentioned in Art. 283.
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Bond to Keep the Peace Bond for a Good Behavior

Provides for bond to keep the Provides for bond for good
peace. behavior.
Not made applicable to any Applicable only to cases of grave

particular case. threats and light threats.
It is a distinct penalty. It is an additional penalty.
If the offender fails to give the If he shall fail to give bail, he shall
bond, he shall be detained for a be sentenced to destierro.
period not exceeding 6 months (if
prosecuted for grave/less grave
felony) or not exceeding 30
days (if prosecuted for light
felony).
ARTICLE 285
OTHER LIGHT THREATS
Acts Punished:
1. Threatening another with a weapon, or drawing such weapon in a quarrel,
unless it be in lawful self-defense.
2. Orally threatening another, in the heat of anger, with some harm
constituting a crime, without persisting in the idea involved in his threat.
3. Orally threatening to do another any harm not constituting a felony.
Where the threats are directed to a person who is absent and uttered in a
temporary fit of anger, the offense is only other light threats.
ARTICLE 286
GRAVE
COERCION
Two Ways of Committing Grave Coercion:

1. By preventing another by means of violence, threats or intimidation, from
doing something not prohibited by law (Preventive).
If the thing prevented from execution is prohibited by law, there will be no

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

do something against his will, whether it be right or wrong (Compulsive).
When PREVENTING is not considered Coercion: Under Art. 132: When a
public officer prevents the ceremonies of a religious group.
Under Art. 143: When a person prevents the meeting of a legislative assembly.
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Under Art. 145: When a person prevents a member of Congress from attending
meetings, expressing his opinions or casting his vote through the use of force
or intimidation.
Under Article 287: When the violence is employed to seize anything belonging
to the debtor of the offender.
In grave coercion, the act of preventing by force must be made at the time the
offended party was doing or about to do the act to be prevented. If the act was
already done when violence is exerted, the crime is unjust vexation. (People vs.
Madrid, C.A., 53 O.G. 711)
When COMPELLING is not considered Coercion: Under Art. 127: When a

public officer compels a person to change his residence.
Under Art. 267: When a person kidnaps his debtor to compel him to pay.
Elements:
1. That a person prevented another from doing something not prohibited by
law, or by compelling him to do something against his will, be it right or
wrong;
2. That the prevention or compulsion be effected by violence, threats or
intimidation; and
3. That the person that restrained the will and liberty of another has no right
to do so, or in other words, that the restraint is not made under authority of
law or in the exercise of any lawful right.
When PRISION MAYOR shall be imposed:

1. If the coercion is committed in violation of the exercise of the right of
suffrage.
2. If the coercion is committed to compel another to perform any religious
act.
3. If the coercion is committed to prevent another from performing any
religious act.
Grave Coercion Unjust Vexation

Use of violence upon the offended There is no violence or intimidation.
party in preventing or compelling
him to do something against his will.
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Grave Coercion Illegal Detention

Intent to deprive the offended party of Intent to deprive is present.
his liberty is not clear (i.e. may freely
leave the house but is compelled to
return).
Grave Coercion Maltreatment of Prisoners
If the offended party is not a prisoner, If the offended party is a prisoner,

extracting information using force or extracting information using force or
intimidation is coercion. intimidation is maltreatment.
There is no grave coercion where the accused acted in good faith in the
performance of his duty.
Coercion is always consummated even if the offended party did not accede to
the purpose of the coercion.
ARTICLE 287
LIGHT COERCION
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.
Unjust Vexation (Art. 287, par. 2)
Includes any human conduct which although not productive of some physical
or material harm would, however, unjustly annoy or vex an innocent person.
In determining whether the crime of unjust vexation is committed, the

offender's act must have caused annoyance, irritation, vexation, torment,
distress or disturbance to the mind of the person to whom it is directed.
It is distinguished from grave and light coercions by the absence of violence.
Light coercion will be unjust vexation when the element of violence is absent.
ARTICLE 288
OTHER SIMILAR COERCIONS
(COMPULSORY PURCHASE OF MERCHANDISE & PAYMENT OF
WAGES BY MEANS OF TOKENS)
Acts Punished:
1. Forcing or compelling, directly or indirectly, or knowingly permitting the
forcing or compelling of the laborer or employee of the offender to
purchase merchandise or commodities of any kind from him
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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. Paying the wages due his laborer or employee by means of tokens or

objects other than the legal tender currency of the Philippines, unless
expressly requested by such laborer or employee.
Elements:
a. That the offender pays the wages due a laborer or employee employed
by him by means of tokens or objects;
b. That those tokens or objects are other than the legal tender
currency of the Philippines; and
c. That such employee or laborer does not expressly request that he
be paid by means of tokens or objects.
Inducing an employee to give up any part of his wages by force, stealth,

intimidation, threat or by any other means is unlawful under Art. 116 of the
Labor Code, not under the RPC. Wages shall be paid in legal tender and the
use of tokens, promissory notes, vouchers, coupons, or any other form alleged
to represent legal tender is absolutely prohibited even when expressly requested
by the employee.
CHAPTER THREE: DISCOVERY AND REVELATION OF SECRETS
ARTICLE 289
FORMATION, MAINTENANCE, & 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
laborers or lockout of employers.
The act should not be a more serious offense.
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Peaceful picketing is allowed. When the picketers employ violence or if they

make threats, they shall be held liable for coercion.
Preventing employee from joining any registered labor organization is

punished under the Labor Code, not under the RPC.
ARTICLE 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 other person; and
That the offender is informed of the contents of the papers or letters
seized.
Seize
To place in the control of someone a thing or to give him the possession thereof.
It is not necessary that in the act, there should be force or violence.
Qualifying Circumstance: Offender reveals the contents of such paper or

letter of another to a third person.
Prejudice is not an element of this offense.

There must be taking possession of papers or letters of another even for a short
time.
If the purpose of seizure is to cause damage, estafa is committed.

If the purpose is to harass or annoy, the crime is unjust vexation.
Public Officer Revealing Secrets of Seizure of Correspondence

Private Individual
Public officer comes to know the Private individual seizes the papers or
secret of any private individual by letters of another.
reason of his office.
The secret is not necessarily contained It is necessary that the offender
in papers or letters. seizes the papers or letters of another
to discover the secret of the latter.
Reveals the secret without justifiable It is not necessary that there by a
reason. secret, and if there is a secret
discovered, it is not necessary that it
be revealed.
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Act punished is the revelation of secrets Act punished is the seizure of

by the officer by reason of his office. correspondence so as to discover the
secrets of the offended party.
Article 290 NOT applicable to:

1. 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;
2. Spouses with respect to the papers or letters of either of them.
ARTICLE 291
REVEALING SECRETS WITH ABUSE OF OFFICE
Elements:
1. That the offender is a manager, employee or servant;
2. That he learns the secrets of his principal or master in such capacity;
3. That he reveals such secrets.
Secrets must be learned by reason of their employment. Damage is not

necessary.
ARTICLE 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/industrial establishment has a secret of the
industry which the offender has learned;
3. That the offender reveals such secrets;
4. That prejudice is caused to the owner.
Secrets must relate to manufacturing process.
Prejudice is an essential element in this offense because Article 292 says “to
the prejudice of the owner thereof.”
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Title Ten: Crimes Against Property
ARTICLE 293
WHO ARE GUILTY OF ROBBERY
Robbery
It is the taking of personal property belonging to another, with intent to gain,
by means of violence against, or intimidation of any person, or using force
upon anything.
Classification of Robbery:
1. Robbery with violence against, or intimidation of persons (Arts. 294, 297
and 298).
2. Robbery by use of force upon things (Arts. 299 and 302).
Elements of Robbery in general:

1. That there be personal property (bienes muebles) belonging to another;
2. That there is unlawful taking (apoderamiento orasportacion) of that
property;
3. That the taking must be with intent to gain (animus lucrandi); and
4. That there is violence against or intimidation of any person or force used
upon things.
Personal property
As long as the personal property does not belong to the accused who has a
valid claim thereover, it is immaterial whether said offender stole it from the
owner, a mere possessor, or even a thief of the property.
The property taken must be personal property, for if real property is occupied
or real right is usurped by means of violence against or intimidation of persons,
the crime is usurpation (Reyes, p. 653).
Classification of personal property under the Civil Code does not apply. The
test is whether or not the object is susceptible of appropriation and
transportation (Regalado).
Prohibited articles may be the subject matter of robbery.
Unlawful taking
1. Unlawful taking means appropriating a thing belonging to another and
placing it under one's control or possession.
2. Unlawful taking is COMPLETE:
a. Robbery with violence against or intimidation of persons — offender has
already the possession of the thing even if he has no opportunity to
dispose of it.
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b. Robbery with force upon things — the thing must be brought outside the
building for consummated robbery to be committed.
Intent to gain
Intent to gain is presumed from the unlawful taking of personal property.
The elements of “personal property belonging to another” and that of “intent to
gain” must concur.
If the accused, with intent to gain, took from another, personal property which
turned out to be his own property, the property not belonging to another, he
cannot be held liable for robbery; even if in the taking the accused used
violence against or intimidation of person, or force upon anything.
If he took personal property from another, believing that it was his own
property, but in
reality it belonged to the offended party, there being no intent to gain, he
cannot be held
liable for robbery, even if the accused used violence against or intimidation of
person, or
force upon things.
Thus, if the property turns out to be the offender’s own property, an impossible
crime is committed.
If there was no intent to gain, estafa or coercion may be committed.
Violence or Intimidation
Must be present BEFORE the taking of personal property is complete. But
when the violence results in homicide, rape, intentional mutilation or any of the
serious physical injuries penalized in Par. 1 and 2 of Art 263, the taking of the
personal property is robbery complexed with any of those crimes under Art.
294, even if the taking was already complete when the violence was used by
the offender.
Art. 294 applies only where robbery with violence against or intimidation of
persons takes place without entering an inhabited house under the
circumstances in Art. 299. When both circumstances are present, the offense
shall be considered as a complex crime under Art. 48, and the penalty shall be
for the graver offense in the maximum period (Napolis v. CA, No. L- 28865,
Feb 28, 1972).
If it is the owner who forcibly takes the personalty from its lawful possessor,
the crime is estafa under Art. 316(3) since the former cannot commit robbery
on his own property even if he uses violence or intimidation.
Whenever violence against or intimidation of any person is used, the taking of

personal property is always robbery. If there is no violence or intimidation, but
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only force upon things, the taking is robbery only if the force is used either to
enter the building or to break doors, wardrobes, chests, or any other kind of
locked or sealed furniture or receptacle inside the building or to force them
open outside after taking the same from the building.
In the absence of this element, the crime committed is theft.
Intimidation does not need to be physical since it can also be psychological.
To determine the number of robberies committed, check if all the elements of

robbery based on the provisions of the different means of committing the crime
are present. If in each case, the elements of a certain kind of robbery are
present, then it constitutes one count of robbery already.
SECTION ONE: ROBBERY WITH VIOLENCE AGAINST OR

INTIMIDATION OF PERSONS
ARTICLE 294
ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF
PERSONS
Acts Punished:
1. (a) When by reason or on occasion of the robbery, the crime of homicide is
committed; (b) or when the robbery is accompanied by rape or intentional
mutilation or arson.
2. When by reason or on occasion of such robbery any of the physical injuries

resulting in insanity, imbecility, impotency or blindness is inflicted.
(subdivision 1 of Art. 263)
3. When by reason or on occasion of robbery, any of the physical injuries

penalized in subdivision 2 of Art. 263 is inflicted.
When the person injured –
a. Loses the use of speech or the power to hear or to smell, or loses an eye, a
hand, a foot, an arm, or a leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which he was therefore habitually
engaged, in consequence of the physical injuries inflicted;
4. (a) If the violence or intimidation employed in the commission of the

robbery is carried to a degree clearly unnecessary for the commission of the
crime; or (b) When in the course of its execution, the offender shall have
inflicted upon ANY PERSON NOT RESPONSIBLE FOR ITS
COMMISSION physical
injuries covered by subdivisions 3 and 4 of Art. 263.
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When the person injured –

a. Becomes deformed; or
b. Loses any other member of his body; or
c. Loses the use thereof; or
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; or
e. 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 the
physical injuries inflicted.
If the violence employed by the offender does not cause any of the serious
physical injuries defined in Art. 263, or if the offender employs intimidation
only. (simple robbery).
These offenses are known as SPECIAL COMPLEX CRIMES. Crimes defined

under this article are the following:
1. Robbery with homicide
2. Robbery with rape
3. Robbery with intentional mutilation
4. Robbery with arson
5. Robbery with serious physical injuries
Robbery with Homicide

The term “homicide” is used in its generic sense and includes any kind of
killing, whether parricide or murder or where several persons are killed and the
name of this special complex crime shall remain as robbery with homicide. The
qualifying circumstance (e.g. treachery in murder) will only become an
aggravating circumstance.
The juridical concept of robbery with homicide does not limit the taking of life
to one single victim. All the homicides or murder are merged in the composite,
integrated whole that is robbery with homicide so long as all the killings were
perpetrated by reason or on the occasion of the robbery (People vs. Madrid,
G.R. No. L- 3023, January 3, 1951).
Homicide may precede robbery or may occur after robbery. What is essential is
that the offender must have intent to take personal property before the killing.
Where the offender’s intention to take personal property of the victim arises as
an afterthought, where his original intent was to kill, he is guilty of two
separate crimes of homicide or murder, as the case may be, and theft.
The phrase “by reason” covers homicide committed before or after the taking
of personal property of another, as long as the motive of the offender in killing
is to deprive the victim of his personal property which is sought to be
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accomplished by eliminating an obstacle, killing a person after robbery to do

away with a witness or to defend the possession of the stolen property.
There is robbery with homicide even if the person

killed was a bystander and not the person robbed or even if it was one of the
offenders. The law does not require the victim of the robbery be also the victim
of homicide.
Robbery with homicide exists even if the death of the victim supervened by
mere accident. It is sufficient that a homicide resulted by reason or on the
occasion of the robbery. (People v. Mangulabnan, G.R. No. L-8919, September
28, 1956)
When homicide is committed by reason or on the occasion of the robbery, all

those who took part as principals in the robbery would also be held liable as
principals of the single and indivisible felony of robbery with homicide
although they did not actually take part in the killing, unless it clearly appears
that they endeavored to prevent the same. (People vs. Hernandez, G.R. No.
139697, June 15, 2004).
Robbery with Rape

In robbery with rape, the law uses the phrase “when the robbery shall have
been accompanied by rape”. But like in robbery with homicide, the offender
must have the intent to take the personal property belonging to another with
intent to gain, and such intent must precede the rape.
Robbery with rape does not cover robbery with attempted rape since what is
provided by the RPC is a special complex crime of robbery with rape. Robbery
with attempted rape cannot be complexed under Art. 48 since one crime is not a
necessary means of committing the other nor can both be results of a single act.
If rape was the primary objective of the accused, and his taking of the jewels of
the victim was not with intent to gain but just to have some tokens of her
supposed consent to the coition, the accused committed two distinct crimes of
rape and unjust vexation. (People vs. Villarino, CA-G.R. No. 6342-R,
November 26, 1951).
All the robbers may be held liable for robbery with rape even if not all of them
committed the crime of rape based on the concept of conspiracy. (People vs.
Balacanao, G.R. No. 118133, February 28, 2003)
Par 1 of this article also applies even if the victim of the rape committed by the
accused was herself a member of the gang of robbers.
Note: There is no crime of Robbery with Multiple Homicide or Robbery with

Multiple Counts of Rape. Although there be more than one instance of
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homicide/murder or rape, they shall be considered as embraced under one

special complex crime of either Robbery with Homicide or Robbery with Rape.
Neither shall the additional rape/s or homicide/s be considered aggravating.

Unless and until a law is passed providing that the additional rape/s (or
homicide/s) may be considered aggravating, the Court must construe the penal
law in favor of the offender as no person may be brought within its terms if he
is not clearly made so by the statute (People vs. Sultan, G. R. No. 132470, April,
27, 2000).
Robbery with Arson

In the case of robbery with arson, it is essential that the robbery precedes the
arson. There must be an intent to commit robbery and no killing, rape or
intentional mutilation should be committed in the course of the robbery, or
else, arson will only be considered an aggravating circumstance of the crime
actually committed.
Robbery with Serious Physical Injuries

Par 2 and par. 3 of this article also apply even when the serious physical
injuries referred to therein are inflicted upon a co-robber.
Under the 4th act punishable, clause A, the violence need not result in serious
physical injuries. The first clause in Art 294 par 4 requires only that the
violence be unnecessary for the commission of the crime.
To be considered as robbery with physical injuries, the injuries inflicted must

be serious; otherwise, they shall be absorbed in the robbery. However, if the
less serious or slight physical injuries were committed after the robbery was
consummated, that would constitute a separate offense.
Under clause B, it is required that the physical injuries be inflicted in the course
of the execution of the robbery and that any of them was inflicted upon any
person not responsible for the commission of the robbery.
Simple Robbery
Par. 5 is known as simple robbery because they only involve slight or less
serious physical injuries, which are absorbed in the crime of robbery as an
element thereof.
Violence or intimidation may enter at any time before the owner is finally
deprived of his property. This is so because asportation is a complex fact, a
whole divisible into parts, a series of acts, in the course of which personal
violence or intimidation may be injected.
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ARTICLE 295
ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN
UNINHABITED PLACE AND BY A BAND OR WITH THE USE
OF FIREARM ON A STREET, ROAD OR ALLEY
Qualified Robbery with Violence Against or Intimidation of Persons:

Nos. 3, 4, and 5 of Article 294 if committed:
1. In an uninhabited place (despoblado); or
2. By a band (en cuadrilla); or
3. By attacking a moving train, street car, motor vehicle, or airship; or
4. By entering the passengers’ compartments in a train, or in any manner
taking the passengers by surprise in their respective conveyances; or
5. On a street, road, highway, or alley, and the intimidation is made with use
of firearms, the offender shall be punished by the maximum period or the
proper penalties prescribed in Art. 294.
This article provides for five special aggravating circumstances which,
because they impose the penalty in the maximum period and cannot be offset
by a generic mitigating circumstance, are also considered as qualifying
circumstances.
If the crime committed is robbery with homicide, rape, mutilation or arson (Par.
1) or with physical injuries under subdivision 1 of Art. 263 (Par. 2),
despoblado and cuadrilla will each be considered only as a generic
aggravating circumstance.
ARTICLE 296
DEFINITION OF A BAND AND PENALTY INCURRED BY THE
MEMBERS THEREOF
Outline:
1. When at least four armed malefactors take part in the commission of a
robbery, it is deemed committed by a band.
2. When any of the arms used in the commission of robbery is not licensed,
the penalty upon all malefactors shall be the maximum of the
corresponding penalty provided by law without prejudice to the criminal
liability for illegal possession of firearms.
3. Any member by a band who was present at the commission of a robbery by
the band, shall be punished as principal of any assaults committed by the
band, unless it be shown that he attempted to prevent the same.
Art. 296, just like Art. 295, also applies only to robbery under pars. 3, 4 and 5
of Art. 294, and not to robbery with homicide, rape, intentional mutilation,
arson or the physical injuries in par. 1 of Art. 263.
PD 1866 penalizes illegal possession of firearm in addition to criminal liability

for robbery by a band. Under R.A. No. 8294, the use of unlawful firearms in
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murder and homicide is now considered not as a separate crime but merely a
special aggravating circumstance.
Use of unlicensed firearm by a band in the commission of robbery with

physical injuries cannot be offset by a generic mitigating circumstance.
Requisites for liability for the acts of other members of the band:
1. He was a member of the band;
2. He was present at the commission of a robbery by that band;
3. The other members of that band committed an assault; and
4. He did not attempt to prevent the assault.
Robbery by a band - all are liable for any assault committed by the band, unless
the others attempted to prevent the assault.
Proof of conspiracy is not necessary when four or more armed persons
committed robbery
The circumstance that the robbery was committed by a band would only be
appreciated as an ordinary aggravating circumstance in Robbery with
Homicide. No such crime as robbery with homicide in band (People vs.
Apduhan, Jr., G.R. No. L-19491, August 30, 1968).
ARTICLE 297
ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER
CERTAIN CIRCUMSTANCES
Special Complex Crime: When by reason or on occasion of an attempted or

frustrated robbery, a homicide is committed.
“Homicide” under this article is also used in its generic sense – to include any
other unlawful killing. However, if the killing legally constituted murder or
parricide, the offense will continue to be covered by Art. 297 with the technical
name stated therein, but the penalty shall be for murder or parricide because Art.
297 states, “unless the homicide (killing) committed shall deserve a higher
penalty under this Code.”
The penalty is the same whether the robbery is attempted or frustrated.
If homicide is not consummated, the crimes of robbery and attempted or

frustrated homicide:
1. May be complexed (Article 48); or
2. Considered as separate crimes; or
3. Considered as one crime, one absorbing the other.
If physical injuries were inflicted on the victim, but no intent to kill was
proved and the victim did not die, the liability of the offender may be as
follows:
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1. If the physical injuries were by reason of the attempted or frustrated

robbery as the means for the commission of the latter, the injuries are
absorbed by the latter and the crime shall only be attempted or frustrated
robbery.
2. If the physical injuries were inflicted only on the occasion of the aborted
robbery but not employed as a means of committing the latter, these will be
separate crimes of attempted or frustrated robbery and physical injuries.
3. If both killing and physical injuries were committed on that occasion, the
crime will be penalized in accordance with Art. 297 but the physical
injuries will be absorbed.
When the offense committed is attempted or frustrated robbery with serious

physical injuries, Art. 48 is applicable, since the felony would fall neither under
Art. 294 which covers consummated robbery with homicide nor under Art. 297
which covers attempted or frustrated robbery with homicide. However, for Art.
48 to apply, serious physical injuries must be employed as a necessary means
of committing robbery.
ARTICLE 298
EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR
INTIMIDATION
Elements:
1. That the offender has intent to defraud another;
2. That the offender compels him to sign, execute, or deliver any public
instrument or document; and
3. That the compulsion is by means of violence or intimidation.
Art. 298 is not applicable if the document is void (Reyes, p. 698).
SECTION TWO: ROBBERY WITH THE USE OF FORCE UPON

THINGS
ARTICLE 299
ROBBERY IN AN INHABITED HOUSE/PUBLIC BUILDING OR
EDIFICE DEVOTED TO WORSHIP
Elements: (Subdivision A)
1. The offender entered
2. an inhabited house;
3. a public building; or
a. an edifice devoted to religious worship;
4. The entrance was effected by any of the following means:
a. Through an opening not intended for entrance or egress; or
b. By breaking any wall, roof, floor, door, or window; or
c. By using false keys, picklocks or similar tools; or
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d. By
using any fictitious name or pretending the exercise of public
authority.
5. That once inside the building, the offender took personal property
belonging to another with intent to gain.
Any of the four means described in subdivision (a) of Art. 299 must be resorted
to by the offender TO ENTER a house, not to get out.
The wall broken must be an outside wall, not a wall between rooms in a house
or building, because the breaking of a wall must be for the purpose of entering.
But if a room is occupied by a person as his separate dwelling, the breaking of

the room’s wall may give rise to robbery.
False keys
Genuine keys stolen from the owner or any keys other than those intended by
the owner for use in the lock forcibly opened by the offender.
The genuine key must be stolen, not taken by force or intimidation from the
owner.
Picklock or similar tools

Those specially adopted to the commission of robbery.
The false key or picklock must be used for entering the building.
The whole body of the culprit must be inside the building to constitute entering.
Not every physical force exerted by the offender is covered by Art. 299, hence
breaking store windows to steal something but without entry, is only theft.
Elements: (Subdivision B)
1. Offender is inside a dwelling house, public building or edifice devoted to
religious worship, regardless of the circumstances under which he entered it.
2. The offender takes personal property belonging to another with intent to

gain under any of the following circumstances:
a. by the breaking of internal doors, wardrobes, chests, or any other kind of
sealed furniture or receptacle; or
b. by taking such furniture or objects away to be broken open outside the
place of the robbery.
Entrance into the building by any means mentioned in subdivision (a) of Art.
299 is not required in robbery under subdivision (b) of the same article.
The term door under this subdivision refers only to doors lids or opening sheets
of furniture or other portable receptacles – NOT to outside doors of house or
building.
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It is estafa or theft, if the locked or sealed receptacle is not forced open in the
building where it is kept or taken therefrom to be broken outside.
ARTICLE 300
ROBBERY IN AN UNINHABITED PLACE AND BY A BAND
Under this Article, Robbery with Force Upon Things is qualified when
committed in an uninhabited place AND by a band, as distinguished from
Qualified Robbery with Violence or Intimidation of Persons (Art. 295) which is
committed in an uninhabited place OR by a band.
ARTICLE 301
WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING OR
BUILDING DEDICATED TO RELIGIOUS WORSHIP AND
THEIR DEPENDENCIES
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.
Dependencies of an inhabited house, public building or building dedicated

to religious worship
All interior courts, corrals, warehouses, granaries, barns, coachhouses, stables,
or other departments or enclosed places
1. Contiguous to the building or edifice,
2. Having an interior entrance connected therewith, and
3. Which form part of the whole.
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.
Public Building
Includes every building owned by the Government or belonging to a private
person, used or rented by the Government, although temporarily unoccupied by
the same.
ARTICLE 302
ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE
BUILDING
Elements:
1. That the offender entered an uninhabited place or a building which was not
a dwelling house, not a public building, or not an edifice devoted to
religious worship;
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2. That any of the following circumstances was present:

a. The entrance was effected through an opening not intended for entrance
or egress;
b. A wall, roof, floor, or outside door or window was broken;
c. The entrance was effected through the use of false keys, picklocks or
other similar tools;
d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle
was broken; or
e. A closed or sealed receptacle was removed, even if the same be broken
open elsewhere;
That with intent to gain, the offender took therefrom personal property
belonging to another.
The only difference between Arts. 299 and 302 is that the use of fictitious name
or simulation of public authority can be used only in Art. 299 which refers to
inhabited buildings and not in Art. 302 which involves uninhabited or other
places.
While Art. 302 provides for robbery in an “uninhabited place,” it actually
means an uninhabited house.
Building
Any kind of structure used for storage or safekeeping of personal property (U.S.
v. Magsino, G.R. No. 1339. November 28, 1903).
When the property taken is a mail matter during any of the robberies defined in
Arts. 294, 295, 297, 299, 300 & 302, the penalties next higher than those
provided in said articles shall be imposed.
The taking of large cattle is now punished under P.D. No. 533.
ARTICLE 303
ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN
UNINHABITED PLACE OR PRIVATE BUILDING
Penalty is one (1) degree lower when cereals, fruits, or firewood are taken in
robbery with force upon things.
Cereals
Are seedlings which are the immediate product of the soil. The palay must be
kept by the owner as “seedling” or taken for that purpose by the robbers.
ARTICLE 304
POSSESSION OF PICKLOCKS OR SIMILAR TOOLS
Elements:
1. That the offender has in his possession picklocks or similar tools;
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2. That such picklocks or similar tools are specially adopted to the

commission of robbery; and
3. That the offender does not have lawful cause for such possession.
Actual use of picklocks or similar tools is not necessary in illegal possession

thereof.
If the person who makes such tools is a locksmith, the penalty is higher.
ARTICLE 305
FALSE KEYS
Inclusions:
1. Tools not mentioned in the next preceding article.
2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the owner for use in the lock
forcibly opened by the offender.
A master key is a picklock and its possession is punishable.
A lost or misplaced key found by another and not returned to its rightful owner
is considered as a genuine key stolen from the owner.
CHAPTER TWO: BRIGANDAGE (ARTS. 306-307)
PRESIDENTIAL DECREE 532

Modified Arts. 306 & 307
Definition of Terms (Section 2)

Philippine waters
Refer to all bodies of water, such as but not limited to seas, gulfs, bays around,
between and connecting each of the Islands of the Philippine Archipelago,
irrespective of its depth, breadth, length or dimension, and all other waters
belonging to the Philippines by historic or legal title, including territorial sea,
the sea-bed, the insular shelves, and other submarine areas over which the
Philippines has sovereignty or jurisdiction.
Vessel
Any vessel or watercraft used for transport of passengers and cargo from one
place to another through Philippine waters and includes all kinds and types of
vessels or boats used in fishing.
Philippine highway
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.
Highway robbery/Brigandage
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Seizure of any person for ransom, extortion or other unlawful purposes, or the
taking away of the property of another by means of violence against or
intimidation of persons or force upon things or other unlawful means,
committed by any person on any Philippine highway.
Elements:
1. The robbery should take place along the Philippine highway;
2. The act of robbery must be indiscriminate. It should not be an isolated case;
and
3. The victim was not predetermined. The robbery must be directed not only
against specific, intended or perceived victims, but against any and all
prospective victims.
Any person who aids or protects highway robbers or abets the commission of
highway robbery or brigandage shall be considered as an ACCOMPLICE.
The object of the decree is to deter and punish lawless elements who commit
acts of depredation upon persons and properties of innocent and defenseless
inhabitants who travel from one place to another thereby disturbing the peace
and tranquility of the nation and stunting the economic and social progress of
the people (People v. Pulusan, G.R. No. 110037, May 21, 1998).
A conviction for highway robbery under this decree requires proof that the
accused were organized for the purpose of committing robbery indiscriminately
(ibid.).
Punishable Acts:
1. Piracy (Section 3)
2. Highway robbery/brigandage (Section 3)
3. Aiding pirates or highway robbers/ brigands or abetting piracy or highway
robbery/ brigandage (Section 4)
PD 532 Brigandage
(Art. 306, RPC)
Mere conspiracy to constitute Mere formation of a band for any purpose
the offense of brigandage is not indicated in the law is punishable.
punishable (presupposes that acts
defined are actually committed).
Offenders need not constitute a band. Offenders must be a band of robbers.
One person can commit the crime.
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ARTICLE 306 BRIGANDAGE
Brigandage
A crime committed by more than three armed persons who form a band of
robbers for the purpose of committing robbery in the highway or kidnapping
persons for the purpose of extortion or to obtain ransom, or for any other
purpose to be attained by means of force and violence.
Elements:
1. There be at least four armed persons;
2. They formed a band of robbers; and
3. The purpose is any of the following:
a. To commit robbery in a highway; or
b. To kidnap persons for the purpose of extortion or to obtain ransom; or
c. To attain by means of force and violence any other purpose.
Presumption of law as to brigandage:

All are presumed to be highway robbers or brigands, if any of them carries an
unlicensed firearm.
Brigandage may be committed without the use of firearms. The term “armed”
covers arms and weapons in general, not necessarily firearms.
The only things to prove are:

1. That there is an organization of more than three armed persons forming a
band of robbers;
2. That the purpose of the band is any of those enumerated in Art. 306;
3. That they went upon the highway or roamed upon the country for that
purpose;
4. That the accused is a member of such band.
The term “highway” includes streets within, as well as roads outside the cities.
ARTICLE 307
AIDING OR ABETTING A BAND OF BRIGANDS
Elements:
1. That there is a band of brigands;
2. That the offender knows the band to be of brigands; and
3. That the offender does any of the following acts:
a. That he aids, abets, or protects such band of brigands;
b. That he gives them information on the movements of the police or other
peace officers of the government; or
c. That he acquires or receives property taken by such brigands.
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It shall be presumed that the person performing any of the acts provided in this
article has performed them knowingly, unless the contrary is proven.
CHAPTER THREE: THEFT (ARTS. 308-311)
ARTICLE 308
WHO ARE LIABLE FOR THEFT
Theft
Is committed by any person who, with intent to gain but without violence or
intimidation of persons nor force upon things, shall take the personal property
of another without the latter’s consent.
Elements:
1. That there be taking of personal property;
2. That said property belongs to another;
3. That the taking be done with intent to gain;
4. That the taking be done without the consent of the owner; and
5. That the taking be accomplished without the use of violence against or
intimidation of persons or force upon things.
Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to deliver the same
to the local authorities or to its owner. It is necessary to prove:
a. The time of the seizure of the thing;
b. That it was a lost property belonging to another; and
c. That the accused having had the opportunity to return or deliver the lost
property to its owner or to the local authorities, refrained from doing so.
The term “lost property” embraces loss by stealing.

The finder in law can also be held liable for theft under this paragraph.
2. Any person who, after having maliciously damaged the property of another,
shall remove or make use of the fruits or object of the damage caused by
him.
3. Any person who shall enter an enclosed estate or a field where trespass is
forbidden or which belongs to another and without the consent of its owner;
shall hunt or fish upon the same or shall gather fruits, cereals, or other
forest or farm products.
Elements:
a. That there is an enclosed estate or a field where trespass is forbidden or
which belongs to another;
b. That the offender enters the same;
c. That the offender hunts or fishes upon the same or gathers fruits, cereals,
or other forest or farm products in the estate or field; and
d. That the hunting or fishing or gathering of products is without the consent
of the owner.
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The fishing referred to in this article is not fishing in the fishpond or fishery;
otherwise it is qualified theft under Art.310.
Theft is not a continuing offense.
From the moment the offender gained possession of the thing, even if the
culprit had no opportunity to dispose of the same, the unlawful taking is
complete (People vs. Salvilla, GR. No. 86163, April 26, 1990).
The ability of the offender to freely dispose of the property stolen is not a
constitutive element of the crime of theft. It finds no support or extension in
Article 308, whether as a descriptive or operative element of theft or as the
mensrea or actus reus of the felony (Valenzuela vs. People of the Philippines,
G. R. No. 160188, June 21, 2007).
Theft is not limited to an actual finder of lost property who does not return or
deposit it with the local authorities but includes a policeman to whom he
entrusted it and who misappropriated the same, as the latter is also a finder in
law.
Theft Robbery
The offender does not use violence or There is violence or
intimidation or does not enter a house intimidation or force upon
or building through any of the means things.
specified in Art. 299 or Art. 302 in
taking personal property of another with
intent to gain.
It suffices that consent on the part of the It is necessary that the taking is
owner is lacking. against the will of the owner.
Theft of electricity is also punishable under RA 7832, the Anti-Electricity and

Electric Transmission Lines/Materials Pilferage Act of 1994.
ARTICLE 309
PENALTIES
The basis of penalty in Theft is:
1. The value of the thing stolen, and in some cases,
2. The value and the nature of the property taken, or
3. The circumstances or causes that impelled the culprit to commit the crime.
The offender is liable for theft of whole car taken to another place, even if only
the tires are taken away (People v. Carpio, 54 Phil. 48).
ARTICLE 310
QUALIFIED THEFT
There is qualified theft in the following instances:

1. If theft is committed by a domestic servant
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2. If committed with grave abuse of confidence

3. If the property stolen is (a) motor vehicle, (b) mail matter or (c) large cattle
4. If the property stolen consists of coconuts taken from the premises of
plantation.
5. If the property stolen is taken from a fishpond or fishery
6. If property is taken on the occasion of fire, earthquake, typhoon, volcanic
eruption, or any other calamity, vehicular accident or civil disturbance
Elements:
1. Taking of personal property;
2. That the said property belongs to another;
3. That the said taking be done with intent to gain;
4. That it be done without the owner’s consent;
5.That it be accomplished without the use of violence or intimidation against
persons, nor of force upon things; and
6.That it be done with grave abuse of confidence (People v. Puig, G.R. Nos.
173654-765, August 28, 2008).
Penalty for qualified theft is two degrees higher than that provided in Art. 309.
Theft by domestic servant is always qualified, and it is not necessary to show

that it was committed with grave abuse of confidence.
To constitute “grave abuse of confidence,” in the second kind of qualified theft,
there must be allegation in the information and proof of a relation, by reason of
dependence, guardianship or vigilance between the accused and the offended
party, that has created a high degree of confidence between them, which the
accused abused. (People v. Koc Song, G.R. No. L-45043, Aug. 28, 1936)
ANTI CARNAPPING ACT of 1972 (R.A. 6539)
Carnapping
Taking, with intent to gain, of motor vehicle belonging to another without the
latter’s consent, or by means of violence against or intimidation of persons, or
by using force upon things.
Motor Vehicle
Any vehicle which is motorized using the streets which are public, not
exclusively for private use, comes within the concept of motor vehicle. It
includes all vehicles propelled by power, other than muscular power.
If the OWNER, DRIVER OR OCCUPANT of a carnapped vehicle is killed or

raped in the course of the commission of the carnapping or on the occasion
thereof, the penalty of reclusion perpetua to death shall be imposed.
Since Sec. 14 of RA 6539 uses the words “IS KILLED,” no distinction must be
made between homicide and murder.
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If the motor vehicle was not taken by the offender but was delivered by the
owner or the possessor to the offender, who thereafter misappropriated the
same, the crime is either qualified theft or estafa.
Qualified Theft only: If material or physical possession was given to the
offender.
Estafa only: If material plus juridical possession were given to the offender.
CATTLE RUSTLING LAW of 1974 (P.D. 533)
Cattle Rustling
Is defined as the taking away by any means, method or scheme, without the
consent of the owner/raiser, of any large cattle whether or not for profit or gain,
or whether
committed with or without violence against or intimidation of persons or force
upon things. It includes the killing of large cattle or taking it as meat or hide
without the consent of the owner/raiser.
Large Cattle
Shall include the cow, carabao, horse, mule, ass, or other domesticated member
of the bovine family. Goats are not large cattle.
Presumption of Cattle Rustling
Failure to exhibit the required documents by any person having in his
possession, control, or custody of large cattle, upon demand by competent
authorities shall be prima facie evidence that the large cattle in his possession,
control and custody are the fruits of the crime of cattle rustling.
LAW ON ILLEGAL FISHING (P.D. 534)
Illegal Fishing
The act of any person to catching, taking or gathering or causing to be caught,
taken or gathered fish or fishery/aquatic products in Philippine waters with the
use of explosives, obnoxious or poisonous substances or by the use of
electricity.
Dealing in illegally caught fish or fishery/aquatic products

Any person who possesses or deals in, sells or in any manner disposes of, for
profit, any fish, fishery/aquatic products which have been illegally caught,
taken or gathered shall, upon conviction, be punished by imprisonment.
“HIGHGRADING” OR THEFT OF GOLD

(P.D. 581)
“Highgrading” or Theft of Gold”

The act of any person who shall take gold-bearing ores or rocks from a mining
claim or mining camp or shall remove, collect or gather gold-bearing ores or
rocks in place or shall extract or remove the gold from such ores or rocks, or
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shall prepare and treat such ores or rocks to recover or extract the gold content
thereof, without the consent of the operator of the mining claim.
Presumption: Unauthorized possession by any person within a mining claim
or mining camp of gold-bearing ores or rocks or of gold extracted or removed
from such ores or rocks shall be prima facie evidence that they have been
stolen from the operator of a mining claim (Sec. 2).
ANTI – FENCING LAW (P.D. 1612)
Elements:
1. Crime of robbery or theft has been committed;
2. Accused, who is not a principal or accomplice in the commission of the
crime of robbery or theft, buys, receives, possesses, keeps, acquires,
conceals, sells, or disposes 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 said
crime;
3. Accused knows or should have known that said article, item, object or
anything of value has been derived from the proceeds of theft or robbery;
and
4. Accused has intent to gain for himself or another.
Section 2. Definition of Terms.

Fencing
The act of any person who, with 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.
Section 5. 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.
Section 6. 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 Philippine 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.
Fencing is not a continuing offense. The court of the place where fencing was
committed has jurisdiction over the case. The place where robbery or theft took
place is insignificant.
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An accessory to the crime of robbery or theft may also be held liable for
fencing.
PRESIDENTIAL DECREE NO. 401

Penalizing the Unauthorized Installation of Water, Electrical or Telephone
Connections, the Use of Tampered Water or Electrical Meters, and other
Acts (March 1, 1974)
Acts punished:
1. The use of tampered water or electrical meters to steal water or electricity;
2. The stealing or pilfering of water and/or electrical meters, electric and/or
telephone wires;
3. Knowingly possessing stolen or pilfered water and/or electrical meters and
stolen or pilfered electric and/or telephone wires.
Theft of electricity can also be committed by any of the following means:

1. Turning back the dials of the electric meter;
2. Fixing the electric meter in such a manner that it will not register the actual
electric consumption;
3. Under-reading of electric consumption; and
4. Tightening screw or rotary blades to slow down the rotation of the same
(People v. Relova, No. L- 45129, March 6, 1987).
PENALIZING TIMBER SMUGGLING OR ILLEGAL CUTTING OF

LOGS FROM PUBLIC FORESTS AND FOREST RESERVES AS
QUALIFIED THEFT
(P.D. NO. 330)
Any person, whether natural or juridical who directly or indirectly cuts, gathers,
removes, or smuggles timber, or other forest products, either from any of the
public forest, forest reserves and other kinds of public forest, whether under
license or lease, or from any privately owned forest land in violation of existing
laws, rules and regulations shall be guilty of the crime of qualified theft.
P.D. NO. 705

REVISING PRESIDENTIAL DECREE NO. 389, OTHERWISE KNOWN
AS THE FORESTRY REFORM CODE OF THE PHILIPPINES
Acts punished:
1. Cutting, gathering and/or collecting timber or other products without
license from any forest land or timber from alienable and disposable public
lands or from private lands shall be guilty of qualified theft under Arts. 309
and 310 of the RPC;
2. Entering and occupying or possessing, or making kaingin for his own
private use or for others any forest land without authority or destroying in
any manner such forest land or part thereof, or causing any damage to
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the timber stand and other products and forest growths found therein;
3. Grazing or causing to graze without authority livestock in forest lands,
grazing lands and alienable and disposable lands which have not as yet
been disposed of in accordance with Public Land Act;
4. Occupying for any length of time without permit any portion of the national
parks system or cutting, destroying, damaging, or removing timber or any
species of vegetation or forest cover and other natural resources found
therein or mutilating, defacing, or destroying objects of natural beauty or of
scenic value within areas of the natural park system;
5. Selling or offering for sale any log, lumber, plywood or other manufactured
wood products in the international or domestic market, unless he complies
with the grading rules established or to be established by the Government.
ARTICLE 311
THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND
NATIONAL MUSEUM
Theft of property on National Library and Museum has a fixed penalty

regardless of its value. But if the crime is committed with grave abuse of
confidence, the penalty for qualified theft shall be imposed, because Art. 311
says “unless a higher penalty should be provided under the provisions of this
Code.”
CHAPTER FOUR: USURPATION (ARTS. 312-313)
ARTICLE 312
OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY
Elements:
1. That the offender takes possession of any real property or usurps any real
rights in property;
2. That the real property or real rights belong to another;
3. That violence against or intimidation of persons is used by the offender in
occupying real property or usurping real property or usurping real right in
property; and
4. That there is intent to gain.
Acts punished:
1. By taking possession of any real property belonging to another by means of
violence against or intimidation of persons.
2. By usurping any real rights in property belonging to another by means of
violence against or intimidation of persons.
There is only civil liability if there is no violence or intimidation in taking
possession.
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Art. 312 does not apply when the violence or intimidation took place
subsequent to the entry. Violence or intimidation must be the means used in
occupying real property or in usurping real rights and not in retaining
possession.
When there is no intent to gain, crime committed is coercion.

When there is no violence or intimidation used and there is no intent to gain,
the crime is only malicious mischief.
Art. 312 only provides a penalty of fine. However, the offender shall also suffer
the penalty for acts of violence executed by him. Art. 48 on complex crimes
does not apply.
Criminal action for usurpation of real property does not bar a civil action for
forcible entry.
Republic Act No. 947 punishes entering or occupying of public agricultural
land including public lands granted to private individuals.
Squatters – As defined under Urban Development and Housing Act, they are:
1. Those who have the capacity or means to pay rent or for legitimate housing
but are squatting anyway.
2. Those who were awarded lots but sold or lease them out.
3. Those who are intruders of lands reserved for socialized housing, pre-
empting possession by occupying the same.
ARTICLE 313
ALTERING BOUNDARIES OR LANDMARK
Elements:
1. That there be boundary marks or monuments of towns, provinces, or estates,
or any other marks intended to designate the boundaries of the same; and
2. That the offender alters said boundary marks
Altering
Is understood in its general and indefinite meaning. Any alteration is enough to
constitute the material element of the crime.
CHAPTER FIVE: CULPABLE INSOLVENCY (ART. 314)
ARTICLE 314
FRAUDULENT INSOLVENCY
Elements:
1. That the offender is a debtor, that is, he has obligations due and
demandable;
2. That he absconds with his property; and
3. That there be prejudice to his creditors.
Actual prejudice is required.

Real property may be the subject matter of fraudulent insolvency.
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Unlike in the Insolvency Law, Art. 314 does not require for its application that
the criminal act should have been committed after the institution of insolvency
proceedings. It is not necessary that the defendant should have been adjudged
bankrupt or insolvent.
CHAPTER SIX: SWINDLING AND OTHER DECEITS

(ARTS. 315-318)
ARTICLE 315
SWINDLING/ESTAFA
Elements in general:
1. That the accused defrauded another by abuse of confidence, or by means
of deceit; and
2. That damage or prejudice capable of pecuniary estimation
Damage or prejudice may consist of:

1. Offended party being deprived of his money or property as a result of the
defraudation;
2. Disturbance in property rights;
3. Temporary prejudice.
Note: Profit or gain must be obtained by the accused personally and mere
negligence in allowing another to benefit from the transaction is not estafa.
I. Estafawith Unfaithfulness or Abuse of Confidence

A. Estafa with unfaithfulness (Article 315, No. 1-A)
Elements:
1. That the offender has an onerous obligation to deliver something of
value;
2. That he alters its substance, quantity or quality;
3. That damage or prejudice capable of pecuniary estimation is
caused to the offended party or third persons.
It is estafa even if the obligation be based on an immoral or illegal obligation.

When there is no agreement as to the quality of thing to be delivered, the
delivery of the thing not acceptable to the complainant is not estafa.
B.Estafa with abuse of confidence (Article 315 No.1- B)

Elements:
1. That money, goods, or other personal property be 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;
Money, goods or other personal property must be received by the
offender under certain kind of transaction transferring juridical possession
to him.
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When the thing is received by the offender from the offended party (1) in trust,
or
(2) on commission, or (3) for administration, the offender acquires both
(3) material and juridical possession of the thing received.
2. That there be misappropriation or conversion of such money or
property by the offender, or denial on his part of such receipt;
3. That such misappropriation or conversion or denial is to the prejudice
of another; and
4. That there is demand made by the offended party to the offender.
The 4th element is not necessary when there is evidence of misappropriation of

the goods by the defendant.
Note: The second element shows three ways in which estafa under this
paragraph may be committed:
a. Misappropriation of the thing received;
b. Conversion of the thing received; or
c. Denial of the receipt of the thing received.
Definition of Terms
1. Misappropriation (M) – the act of taking something for one’s own
benefit.
Conversion – the act of using or disposing of another’s property as if it was
one’s own; thing has been devoted to a purpose or use other than that agreed
upon.
2. Material Possession (MP) – the actual physical possession of personal
property, where the possessor cannot claim a better right to such
property than that of its owner.
3. Juridical Possession (JP) – is present when the possession of the
personal property arises from a lawful causation, contract or agreement,
express or implied, written or unwritten or by virtue of a provision of
law.
In such a case, the possessor of the property has a better right to it than the
owner and may set up his possession thereof against the latter due to the lawful
transaction between them.
4. Ownership (O) – There is ownership of the personal property when
there is no obligation to return exactly the same property given or lent to
the possessor.
Take Note:
1. If the offender has been given Material Possession of the personal
property and he Misappropriates the same, he is liable for the crime of
THEFT.
MP + M = Theft
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2. If the offender has been given Juridical Possession and Material

Possession of the personal property and he Misappropriates the same, he
is liable for the crime of ESTAFA.
JP + MP + M = Estafa
3. If the person has been given the Ownership, Juridical Possession, and
Material Possession of the personal property and he misappropriates the
same, he is NOT criminally liable and incurs only a CIVIL LIABILITY.
O + JP + MP + M = NO CRIME
The contracts of deposit, commodatum, lease, quasi- contract of solutio

indebiti and trust receipt transactions are examples of obligations involving the
duty to return or make delivery.
The thing to be delivered or returned by the offender must be the very object
which he received.
The person prejudiced need not necessarily be the owner of the property.
As for the element of demand, the law does NOT require demand as a
condition precedent to the crime of embezzlement. The consummation of the
crime of estafa does not depend on the fact that a request for a return of the
money is first made and refused in order that the author of the crime should
comply with the obligation to return the sum misapplied (Nepomuceno v.
People, G.R. No. 166246, April 30, 2008).
Demand under this kind of estafa need NOT be formal or written (Asejo v.
People, G.R. No. 157433, July 24, 2007).
Exceptions:
1. When the offender’s obligation to comply is subject to a period, and
2. When the accused cannot be located despite due diligence.
Is Novation a Ground to Extinguish Criminal Liability under Estafa?
NO. The Novation of the contract or obligation AFTER criminal liability for
Estafa has been INCURRED is NOT a ground to extinguish the offender’s
criminal liability. Novation is not one of the grounds for the extinguishment of
criminal liability under Art. 89 of the RPC.
HOWEVER, where such novation, occurs BEFORE the criminal liability for
Estafa has been incurred, that is when not all the elements therefore are present,
then no criminal liability attaches. Criminal liability for Estafa already
committed is not affected by compromise or novation of contract, for it is a
public offense which must be prosecuted and punished by the state at its own
volition (People vs. Florido, 12 C.A. Rep. 551).
Theft Estafa
The offender takes the thing The offender receives the thing from
without the the
owner’s consent. offended party.
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The offender acquires only the The offender acquires also the juridical
material or physical possession of possession of the thing and the offender
the thing. misappropriates it.
Note: If an object was received to be sold, but instead it was pledged, estafa is
committed.
If an object was to be pledged, but instead it was sold, theft is committed.
Estafa with abuse of confidence

Malversation
Offenders are entrusted with funds or property.
Considered as continuing offenses.
The funds or property are private. Usually public funds or property.
Offender is a private individual or Offender who is usually a public

even a public officer who is not officer is accountable for public
accountable for public funds or funds or property.
property.
There is no estafa Malversation can be committed through
through negligence. abandonment or negligence.
Crime is committed by Crime is committed by appropriating,

misappropriating, taking or misappropriating or
converting or denying having consenting, or through abandonment
received money, goods, or or negligence, permitting any other
other personal property. person to take the public funds or
property.
Estafa by taking undue advantage of the signature in blank (Article

C.
315, No. 1-C)
Elements:
1. That the paper with the signature of the offended party be in blank;
2. That the offended party should have delivered it to the offender;
3. That above the signature of the offended party a document is written
by the offender without authority to do so; and
4. That the document so written creates a liability of, or causes damage
to the offended party or any third person.
Note: If the paper with the signature in blank is stolen the crime is falsification
of documents by making it appear that he participated in a transaction when in
fact he did not.
II. Estafa by Means of Deceit (Article 315, No. 2)

Elements:
1. That there must be false pretense, fraudulent act or fraudulent means;
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2. That such false pretense, act or fraudulent means must be made or

executed prior to or simultaneously
with the commission of the fraud;
3. That the offended party must have relied on the false pretense, fraudulent
act, or fraudulent means, that is, he was induced to part with his money or
property because of the false pretense, fraudulent act, or fraudulent means;
and
4. That as a result thereof, the offended party suffered damage.
There is no deceit if the complainant was aware of the fictitious nature of the
pretense.
It is indispensable that the element of deceit, consisting in the false statement or
fraudulent representation of the accused, be made prior to, or at least
simultaneously with, the delivery of the thing by the complainant, it being
essential that such false statement or fraudulent representation constitutes the
very cause or the only motive which induces the complainant to part with the
thing.
Fradulent:
The acts must be characterized by, or founded on, deceit, trick or cheat.
Ways of Commission
A. Article 315 No. 2 (A):
1. By using a fictitious name.
2. By falsely pretending to possess (a) power, (b) influence, (c)
qualifications, (d) property, (e) credit, (f) agency, (g) business or
imaginary transactions.
3. By means of other similar deceits.
There is use of fictitious name when a person uses a name other than his real
name. Thus, when a person found a pawnshop ticket in the name of another and,
using the name of that another person, redeemed the jewelry mentioned
therein, he committed estafa by using fictitious name (People vs. Yusay, G.R.
No. L-26957, September 2, 1927).
The offender must be able to obtain something from the offended party because
of the false pretense, that is, without which the offended party would not have
parted with it.
ILLEGAL RECRUITMENT
Under the Migrant Workers Act
(R.A. No. 8042 as amended by R.A. No. 10022)
Illegal Recruitment
Any act of canvassing, enlisting, hiring, or procuring workers, including
referring contract services, promising or advertising for employment abroad,
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whether for profit or not, when undertaken by a non-licensee or non- holder of

authority.
Any such non-licensee or non-holder of authority who, for a fee, offers and
promises employment abroad to two or more persons shall be deemed so
engaged in illegal recruitment.
It shall likewise include the acts enumerated under Sec. 5 of R.A. No. 10022,
whether committed by any person, whether a non-licensee, non-holder, licensee
or holder of authority.
Economic Sabotage
1. Illegal recruitment by syndicate – committed by a group of three (3) or
more persons conspiring or confederating with one another.
2. Large Scale Illegal Recruitment – committed against three (3) or more
persons.
Penalty for Illegal Recruitment involving economic sabotage is punishable by

life imprisonment and fine of P2,000,000 to P5,000,000.
In People v. Calonzo (G.R. Nos. 115150-55, Sept. 27, 1996), The SC reiterated
the rule that a person convicted for illegal recruitment under the Labor Code, as
amended, can be convicted for estafa, under Art 315 (par. 2), if the elements of
the crime are present.
B.Article 315 No. 2 (B)

By altering, the quality, fineness or weight of anything pertaining to his art or
business.
C.Article 315 No. 2 (C)
By pretending to have bribed any Government employee.
The accused, by pretending to have bribed a government employee, can be held

further liable for such calumny in a criminal action for either slander or libel
depending on how he recounted the supposed bribery.
However, the crime committed is corruption of public officer if the money was
indeed given.
D. Article 315 No. 2 (D)

Elements:
1. That the offender postdated a check, OR issued a check in payment of
an obligation; and
2. That such postdating or issuing a check was done when the offender
had no funds in the bank, or his funds deposited therein were not
sufficient to cover the amount of the check.
The issuance by the offender of the check (whether postdated or not), prior to
or simultaneous with the transaction, must be for the purpose of contracting the
obligation, otherwise if the check is issued in payment of a preexisting
obligation, no estafa is committed, only a civil liability.
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If the check was issued by the debtor only for security of the creditor, as in the
nature of promissory notes but not to be encashed, no estafa will be involved.
Good faith is a defense in a charge of estafa by postdating or issuing a check
(People v. Villapando, 56 Phil 31).
Estafa by issuing a bad check is a continuing offense.
There is prima facie evidence of deceit when the drawer fails to pay or make
arrangement for payment three (3) days after receiving notice of dishonor.
The payee or person receiving the check must be damaged or prejudiced (Reyes,
p.825).
BOUNCING CHECKS LAW (B.P. Blg. 22)
Offenses Punished under BP 22:

A. Making or Drawing and issuing a check knowing at the time of
issue that he does not have sufficient funds.
Elements:
1. That a person makes or draws and issues any check to apply on
account or for value;
2. That the person knows that at the time of issue he does not have
sufficient funds or credit with the drawee bank for the payment of
such check upon its presentment; and
That the 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.
Requisites for Criminal Liability under BP 22

1. A person makes, draws or issues a check as payment for account or for value;
3. That the check was dishonored by the bank due to a lack of funds,
insufficiency of funds or account already closed;
4. The payee or holder of such check gives a written notice of dishonor and
demand for payment; and
5. That the maker, drawer or issuer, after receiving such notice and demand,
refuses or fails to pay the value of the check within FIVE BANKING
DAYS.
It is not the making, drawing, or issuance, nor the dishonor of the check which
gives rise to a violation of BP 22, but rather the failure to make good the check
within FIVE BANKING DAYS from receipt of the Notice of Dishonor and
Demand for Payment.
Take Note: While the written notice of dishonor and demand is not an element
in the violation of BP 22, the failure to give such notice to the maker, drawer or
issuer of the bouncing check is FATAL to an action to hold the latter
criminally liable.
The full payment of the amount appearing in the check within five banking
days from notice of dishonor is a "complete defense" against BP 22. The
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absence of a notice of dishonor necessarily deprives an accused an opportunity

to preclude criminal prosecution. Accordingly, procedural due process clearly
enjoins that a notice of dishonor be actually served on the maker, drawer or
issuer of the check. He has a right to demand that the notice of dishonor be
actually sent to and received by him to afford him the opportunity to avert
prosecution under B.P. 22 (Lina Lim Lao v. People, G.R. No. 119178, June 20,
1997).
B.Failing to keep sufficient funds to cover the full amount of the check.
Elements:
1. That a person has sufficient funds 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 if presented within a period of 90 days from the date
of appearing thereon; and
3. That the check is dishonored by the drawee bank.
Note: The 90-day period stated above is NOT an element of the violation of BP
22 by failing to keep sufficient funds. As such, the maker, drawer or issuer of
the check is not discharged from his duty to maintain a sufficient balance in his
account for a reasonable time even beyond the 90-day period. A “reasonable
time” according to current banking practice is 6 months or 180 days, after
which the check becomes stale.
Thus, where a check is presented beyond the 90-day period, but within 180
days from the date indicated therein, and it is dishonored due to a failure to
maintain a sufficient balance, the maker, drawer or issuer shall still be liable for
violation of BP 22 (Wong v. CA, GR No. 117857, February 2, 2001).
Gravamen of BP 22 is the issuance of a worthless or bum check.
Evidence of Knowledge of Insufficient Funds: Refusal of drawee bank to pay

the check due to insufficiency of funds when presented within 90 days from the
date of the check shall be prima facie knowledge of insufficiency of funds,
unless the drawer or maker pays the holder the amount due thereon or makes
arrangements for the payment thereof by the drawee within five (5) banking
days after receipt of notice that the check was dishonored.
Under SC Administrative Circular 12-2000, as clarified by A.C. 13-2001:

Where the circumstances of both the offense and the offender clearly indicate
good faith or a clear mistake of fact without taint of intelligence, the imposition
of fine alone should be considered as the more appropriate penalty.
The Administrative Circular merely lays down a RULE OF PREFERENCE in

the application of the penalties provided for in B.P. 22. The circular does not
delete the penalty of imprisonment, for should the judge decide that
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imprisonment is the more appropriate penalty; the circular ought not to be a

hindrance.
Prosecution under BP 22 shall be without prejudice to any liability for any

violation in the RPC.
The fine under BP 22 is based on the amount of the check and is without regard
to the amount of damage caused.
The accused will be liable for the dishonor of the check even if it was issued in
payment of a preexisting legal obligation as he issued that check “to apply on
account.”
BP 22 Estafa (RPC)
Endorser is not liable. Endorser who acted with deceit
knowing that the check is worthless
will be
criminally liable.
Malum prohibitum Malum in se
Issuance of check is for value or on It is the means to obtain the valuable
account. consideration from the payee (debt is
not preexisting).
Deceit and damage are not elements of False pretenses or deceit and damage,
the crime; the gravamen of the offense or at least intent to cause damage, are
is the issuance of the unfunded check. essential and the false pretenses must
be prior to or simultaneous with the
damage caused.
The drawer is given 5 days after Given 3 days after receiving notice of
receiving notice of dishonor within dishonor.
which to pay or make arrangements
for payment.
That there are no funds or no sufficient That there are no funds or there are
funds at the time of issuance or at the insufficient funds at the time of
time of presentment if made within 90 issuance.
days.
The maker or drawer and issuer knows Not necessary that the drawer should
at the time of issue that he does not know at the time that he issued the
have sufficient fund in or credit with the check that the funds deposited in the
drawee bank for the payment of the bank were not sufficient to cover the
check in full. amount of the check.
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E. Article 315, No. 2(E)

1. By obtaining food, refreshment or accommodation at hotel, inn,
restaurant, boarding house, lodging house or apartment house without
paying therefor, with intent to defraud the proprietor or manager
thereof;
2. By obtaining credit at any of the said establishments by the use of any
false pretense;
3. By abandoning or surreptitiously removing any part of his baggage
from any of the said establishments after obtaining credit, food,
refreshment or accommodation therein, without paying therefor.
III. Estafa Through the Following Fraudulent Means

A. Estafa by inducing another to sign any document (Article 315 No. 3A)
Elements:
1. That the offender induced the offended party to sign a document;
2. That deceit be employed to make him sign the document;
3. That the offended party personally signed the document; and
4. That prejudice be caused.
Note: If offended party willingly signed the document and there was deceit as
to the character or contents of the document, the crime committed is
falsification. BUT where the accused made representation as to mislead the
complainant as to the character of the documents, it is considered estafa.
B. Estafa by resorting to some fraudulent practice to insure success in

gambling (Article 315 No. 3B)
Estafa by removing, concealing or destroying documents (Article

C.
315 No. 3C)
Elements:
1. That there be court record, office files, documents or any
other papers;
2. That there be court record, office files, documents or any
other papers;That the offender removed, concealed or destroyed any of
them; and
3. That the offender had intent to defraud another.
If there is no intent to defraud, the crime committed is malicious mischief.
ARTICLE 316
OTHER FORMS OF SWINDLING
Persons liable:
1. Any person who, pretending to be the owner of any real property, shall
convey, sell, encumber or mortgage the same.
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Elements:
a. That the thing be immovable, such as a parcel of land or a building;
(property must actually exist)
b. That the offender who is not the owner of said property should represent
that he is the owner thereof;
c. That the offender should have executed an act of ownership (selling,
leasing, encumbering or mortgaging the real property);
d. That the act be made to the prejudice of the owner or a third person.
Note: If the thing is not existing, the crime is estafa by means of false pretenses
under Article 315 (2a).
2. Any person who, knowing that real property is encumbered, shall dispose
of the same, although such encumbrance be not recorded.
Elements:
a. That the thing disposed of be real property.
b. That the offender knew that the real property was encumbered, whether
the encumbrance is recorded or not. (principle of constructive notice does
not apply)
That there must be express representation by the offender that the real property
is free fromencumbrance.
c. That the act of disposing of the real property be made to the damage of
another.
Note: If the thing is a personalty, Article 319 applies.
Encumbrance
Includes every right or interest in the land which exists in favor of third persons
3. Theowner of any personal property who shall wrongfully take it from its
lawful possessor, to the prejudice of the latter or any third person.
Elements:
a. That the offender is the owner of personal property;
b. That said personal property is in the lawful possession of another;
c. That the offender wrongfully takes it from its lawful possessor; (if from
unlawful possessor, Art. 429 of the Civil Code applies)
d. That prejudice is thereby caused to the possessor or third person.
Note: The crime will still be estafa even if the owner takes the personalty from
the lawful possessor under the modes of taking in theft or robbery which latter
crimes cannot be committed by the owner on his property (Regalado, 2008).
4. Any person who, to the prejudice of another, shall execute any fictitious
contract.
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5. Any person who shall accept any compensation for services not rendered or
for labor not performed.
This act requires fraud as an essential element. If there is no fraud, it only

becomes solutio indebiti, with the civil obligation to return the wrong payment.
6. Any person who shall sell, mortgage or encumber real property with which
the offender guaranteed the fulfillment of his obligation as surety.
Elements:
a. That the offender is a surety in a bond given in a criminal or civil action;
b. That he guaranteed the fulfillment of such obligation with his real
property or properties;
c. That he sells, mortgages, or, in any manner encumbers said real property;
and
That such sale, mortgage or encumbrance is (1) without express authority from
the court, or (2) made before the cancellation of his bond, or (3) before being
relieved from the obligation contracted by him.
Since the penalty of fine prescribed in Art. 316 is based on the “value of the
damage caused,” mere intent to cause damage is not sufficient. There must be
actual damage caused by the act of the offender. (Reyes, p. 848)
ARTICLE 317
SWINDLING A MINOR
Elements:
1. That the offender takes advantage of the inexperience or emotions or
feelings of a minor;
2. That he induces such minor to assume an obligation, or to give release, or
to execute a transfer of any property right;
3. That the consideration is some loan of money, credit, or other personal
property; (if real property, Art. 318 applies; minor cannot convey real
property without judicial authority); and
4. That the transaction is to the detriment of such minor.
ARTICLE 318
OTHER DECEITS
Acts Punished:
1. By defrauding or damaging another by any other deceit not mentioned in
the preceding articles.
2. By interpreting dreams, by making forecasts, telling fortunes, by taking
advantage of the credulity of the public in any other manner, for profit or
gain.
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ACCESS DEVICES REGULATION ACT OF 1998
Definition of terms
1. Access Device – 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).
2. Counterfeit Access Device – any access device that is counterfeit,
fictitious, altered, or forged, or an identifiable component of an access
device or counterfeit access device.
3. Unauthorized Access Device – any access device that is stolen, lost,
expired, revoked, canceled, suspended, or obtained with intent to defraud.
Access Device Fraudulently Applied for – any access device that was applied
for or issued on account of the use of falsified document, false information,
fictitious identities and addresses, or any form of false pretense or
misrepresentation.
4. Consumer – a natural person.
5. Credit Card – any card, plate, coupon book, or other credit device existing
for the purpose of obtaining money, goods, property, labor or services or
any thing of value on credit.
6. Device Making or Altering Equipment – any equipment, mechanism or
impression designed or primarily used for making or altering or re-
encoding an access device or a counterfeit access device.
7. Finance Charges – represent the amount to be paid by the debtor incident
to the extension of credit such as interest or discounts, collection fees,
credit investigation fees, and other service charges.
8. Open-end-credit plan – a consumer credit extended on an account
pursuant to a plan under which:
a. The creditor may permit the person to make purchase or obtain loans,
from time to time, directly from the creditor or indirectly by use of credit
card, or other service;
b. The person has the privilege of paying the balance; or
c. A finance charge may be computed by the creditor from time to time on
an unpaid balance.
9. Penalty Charges – such amount, in addition to interest, imposed on the
credit card holder for non- payment of an account within a prescribed
period.
10. Produce – includes design, alter, authenticate, duplicate or assemble.
11. Trafficking – transferring, or otherwise disposing of, to another, or
obtaining control of, with intent to transfer or dispose of.
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Acts Prohibited (Section 9)

The following acts shall constitute access device fraud and are hereby
declared to be unlawful:
1. Producing, using, trafficking in one or more counterfeit access devices;
2. Trafficking in one or more unauthorized access devices or access devices
fraudulently applied for;
3. Using, with intent to defraud, an unauthorized access device;
4. Using an access device fraudulently applied for;
5. Possessing one or more counterfeit access devices or access devices
fraudulently applied for;
6. 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;
7. 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;
8. 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;
9. 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;
10. 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;
11. Having in one's possession, without authority from the owner of the
access device or the access device company, an access device, or any
material, such as slips, carbon paper, or any other medium, on which the
access device is written, printed, embossed, or otherwise indicated;
12. 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;
13. Making any alteration, without the access device holder's authority, of
any amount or other information written on the sales slip;
14. Effecting transaction, with one or more access devices issued to another
person or persons, to receive payment or any other thing of value;
15. Without the authorization of the issuer of the access device, soliciting a
person for the purpose of:
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a. Offering an access device; or

b. Selling information regarding or an application to obtain an access
device; or
16. 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.
Conspiracy to commit access device fraud. (Section 11) are punishable under
this code.
Frustrated and attempted access device fraud (Section 12) is also punishable.
Accessory to access device fraud (Section 13) Any person who, with intent to
gain for himself or for another, buys, receives, possesses, keeps, acquires,
conceals, sells, or disposes of, shall buy and sell, or in any manner deal in any
article, item, object or anything of value which he knows or should be known
to him, to have been acquired through the use of counterfeit access device or an
unauthorized access device or an access device known to him to have been
fraudulently applied for, shall be considered as an accessory to an access
device. Said person shall be prosecuted under this Act or under the Anti-
Fencing Law of 1979 (Presidential Decree No. 1612) whichever imposes the
longer prison term as penalty for the consummated offense.
Presumption and prima facie evidence of intent to defraud (Section 14)
The mere possession, control or custody of:
a. An access device, without permission of the owner or without any
lawful authority;
b. A counterfeit access device;
c. Access device fraudulently applied for;
d. Any device-making or altering equipment by any person whose
business or employment does not lawfully deal with the manufacture,
issuance, or distribution of access device;
e. An access device or medium on which an access device is written, not
in the ordinary course of the possessor's trade or business; or
f. A genuine access device, not in the name of the possessor, or not in the
ordinary course of the possessor's trade or business, shall be prima
facie evidence that such device or equipment is intended to be used to
defraud.
A cardholder who abandons or surreptitiously leaves the place of employment,
business or residence stated in his application or credit card, without informing
the credit card company of the place where he could actually be found, if at the
time of such abandonment or surreptitious leaving, the outstanding and unpaid
balance is past due for at least ninety (90) days and is more than Ten thousand
pesos (P10,000.00), shall be prima facie presumed to have used his credit card
with intent to defraud.
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CHAPTER SEVEN: CHATTEL MORTGAGE (ART. 319)
ARTICLE 319
REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY
Acts punished:
By knowingly removing any personal property mortgaged under the Chattel
Mortgage Law to any province or city other than the one in which it is located
at the time of execution of the mortgage, without the written consent of the
mortgagee or his executors, administrators or assigns.
Removal of Mortgaged Property Elements:

1. That personal property is mortgaged under Chattel Mortgage Law;
2. That the offender knows that such property is so mortgaged;
3. That he removes such mortgaged personal property to any province or
city other than the one in which it was located at the time of the
execution of the mortgage;
4. That the removal is permanent; and
5. That there is no written consent of mortgagee, executors, administrators,
or assigns to such removal.
The removal of the mortgaged personal property must be coupled with intent to
defraud.
A third person, other than the mortgagor, may be held liable
If the mortgagee elected to file a suit for collection, not foreclosure, thereby
abandoning the mortgage as basis for relief, the removal of the property is not a
violation of par 1 of Art 319.
Chattel mortgage must be valid and subsisting.
B. By 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.
Sale or Pledge of Mortgaged Property Elements:
1. Personal property is already pledged under Chattel Mortgage Law;
2. Offender, who is the mortgagor, sells or pledges the same property or
any part thereof; and
3. No consent of mortgagee written on the back of the mortgage and noted
on the record thereof in the Office of the Register of Deeds.
Damage to the mortgagee is not essential.
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CHAPTER EIGHT: ARSON AND OTHER CRIMES INVOLVING

DESTRUCTIONS (ARTS. 320-326B)
ARTICLE 320-326-B REPEALED BY PD 1613

PD 1613 – AMENDING THE LAW ON
ARSON
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)
Arson
When any person burns or sets fire to the property of another, or his own
property under circumstances which expose to danger the life or property of
another. (Sec. 1, PD 1613); It is the malicious destruction of property by fire.
Destructive Arson (Art. 320, RPC)
Burning of:
1. One (1) 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;
2. 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 conveyances 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;
3. Any train or locomotive, ship or vessel, airship or airplane, devoted to
transportation or conveyance, or for public use, entertainment or leisure;
4. Any building, factory, warehouse installation and any appurtenances
thereto, which are devoted to the service of public utilities; or
5. Any building the burning of which is for the purpose of concealing or
destroying evidence of another violation of law, or for the purpose of
concealing bankruptcy or defrauding creditors or to collect from insurance.
6.
There is also Destructive Arson: (Art. 320, RPC)
1. When the arson is committed by 2 or more 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
the law.
2. When any person shall burn:
a. Any arsenal, shipyard, storehouse or military power or fireworks factory,
ordinance, storehouse, archives or general museum of the Government; or
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b. In an inhabited place, any storehouse or factory of inflammable or

explosive materials.
Other cases of Arson: (Sec. 3, PD 1613)

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, grain field, orchard,
bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill, or mill central; or
6. Any railway or bus station, airport, wharf, or warehouse.
Special Aggravating Circumstance on Arson (Sec. 4, PD 1613):

1. If committed with intent to gain.
2. If committed for the benefit of another.
3. If the offender is motivated by spite or hatred towards the owner or
occupant of the property burned.
4. If committed by a syndicate – planned or carried out by three or more
persons
Prima facie evidence of Arson (Sec. 6, PD 1613):

1. If the fire started simultaneously in more than one part of the building or
establishment.
2. If substantial amount of flammable substances or materials are stored

within the building not of the offender nor for the household.
3. If gasoline, kerosene, petroleum or other flammable or combustible
substances or materials soaked therewith or containers thereof, or any
mechanical, electrical, chemical, or electronic contrivance designed to start
a fire, or ashes or traces of any of the foregoing are found in the ruins or
premises of the burned building or property.
4. If the building or property is insured for substantially more than its actual
value at the time of the issuance of the policy.
5. If during the lifetime of the corresponding fire insurance more than two
fires have occurred in the same or other premises owned or under the
control of the offender and/or insured.
6. If shortly before the fire, a substantial portion of the effects insured and
stored in a building or property had been withdrawn from the premises
except in the ordinary course of business.
7. If a demand for money or other valuable consideration was made before the
fire in exchange for the desistance of the offender or for the safety of the
person or property of the victim.
Conspiracy to commit arson is punished. (Sec. 7, PD 1613)
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The building which is the object of arson including the land on which it is
situated shall be confiscated and escheated to the State. (Sec. 8, PD 1613)
Examples of Attempted, frustrated or consummated arson:

a. A person, intending to burn a wooden structure, collects some rags, soaks
them in gasoline and places them beside the wooden wall of the building.
When he is about to light a match to set fire to the rags, he is discovered by
another who chases him away.
The crime committed is attempted arson, because the offender commences the
commission of the crime directly by overt acts (placing the rags soaked in
gasoline beside the wooden wall of the building and lighting a match) but he
does not perform all the acts of execution (the setting of fire to the rags) due to
the timely intervention of another who chases away the offender.
If that person is able to light or set fire to the rags but the fire was put out
before any part of the building was burned, it is frustrated.
But if before the fire was put out, it had burned a part of
the building, it is consummated.
b. The crime is classified only as frustrated arson, inasmuch as the defendant

performed all the acts conceive to the burning of said house, but
nevertheless, owing to causes independent of his will, the criminal act
which he intended was not produced. The offense committed cannot be
classified as consummated arson by the burning of said inhabited house, for
the reason that no part of the building had yet commenced to burn, although,
as the piece of sack and the rag, soaked in kerosene oil, had been placed
near partition of the entresol, the partition might have started to burn, had
the fire not been put out on time. (U.S. v. Valdez; G.R. No. L-14128, Dec.
10, 2918)
c. Any charring of the wood of a building, whereby the fiber of the wood is
destroyed, is sufficient. It is necessary that the wood should be ablaze.
And the mere fact that a building is scorched or discolored by heat is not
sufficient to constitute consummated arson.
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.
When there is fire, the crime committed is either frustrated (e.g. set fire to the
blankets but fire was put out before any part of the building was burned) or
consummated arson, never attempted.
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There is no complex crime of arson with homicide. If by reason of or on the

occasion of arson, death results, the penalty of reclusion perpetua to death shall
be imposed. The crime of homicide is absorbed.
CHAPTER NINE: MALICIOUS MISCHIEF (ARTS. 327-331)
Malicious Mischief
Is the willful damaging of another’s property for the sake of causing damage
due to hate, revenge or other evil motive.
ARTICLE 327
MALICIOUS
MISCHIEF
Elements:
1. That the offender deliberately caused damage to the property of another;
2. That such act does not constitute arson or other crimes involving
destruction; and
3. That the act of damaging another’s property be committed merely for the
sake of damaging it.
This third element presupposes that the offender acted due to hate, revenge or
other evil motive. This crime cannot be committed thru reckless imprudence or
thru violence in the course of a fight.
If there is no malice in causing the damage, the obligation is only civil.

Damage
In malicious mischief means not only loss but also a diminution of what is a
man’s own. Thus, damage to another’s house includes defacing it.
Damage of property must not result from a crime.
Malicious mischief does not necessarily involve moral turpitude.
It is theft when there is intent to gain as when the offender removes or makes
use of the fruits or objects of the damage (Art 308, par 2) .
ARTICLE 328
SPECIAL CASES OF MALICIOUS MISCHIEF
1. Causing damage to obstruct the performance of public functions;

2. Using poisonous or corrosive substances;
3. Spreading any infection or contagion among cattle;
4. Causing damage to the property of the National Museum or National
Library, or to any archive or registry, waterworks, road, promenade, or any
other thing used in common by the public.
These are called qualified malicious mischief.
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The mischief mentioned in the first case (no. 1) is to be distinguished from

sedition (Art. 139), in that the element of public and tumultuous uprising is not
present in this crime.
ARTICLE 329
OTHER MISCHIEFS
Mischiefs not included in the next preceding article and are punished according
to the value of damage caused.
ARTICLE 330
DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION
Person liable: Any person who shall damage any railway, telegraph or
telephone lines.
Qualifying circumstance: Damage shall result in the derailment of cars,
collision or other accident.
For the purpose of the provisions of Art. 330, the electric wires, traction cables,
signal system, and other things pertaining to railways, shall be deemed to
constitute an integral part of a railway system. Art. 330 does not apply when
the telegraph or telephone do not pertain to railways.
ARTICLE 331
DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS
OR PAINTINGS
Persons liable:
1. Any person who shall destroy or damage statues or any other useful or
ornamental public monuments.
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) (ARTS. 327-331)
ARTICLE 332
PERSONS EXEMPT FROM CRIMINAL LIABILITY
Crimes involved in the exemption:

1. Theft
2. Swindling (estafa)
3. Malicious mischief
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Persons exempted:
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 to the possession of
another.
3. Brothers and sisters and brothers in law and sisters in
law, if living together.
4. Stepfather, adopted father, natural children, concubine, paramour included
as ascendants by affinity.
Also applies to common-law spouses.

No criminal liability but only civil liability shall result from the commission of
any of the said crimes.
The exemption does not apply to strangers participating in the commission of

the crime.
The exemption does not apply if the crimes of theft, swindling and malicious
mischief are complexed with another crime.
Crimes against chastity are also referred to as private crimes, or crimes which
cannot be prosecuted de officio, because of the requirement that the prosecution
thereof be upon a sworn written complaint of the offended party or certain
persons authorized by law.
The crimes against chastity which cannot be prosecuted de officio are:
a. Adultery (Art. 333)
b. Concubinage (Art. 334)
c. Acts of lasciviousness with or without consent (Arts. 336, 339)
d. Seduction whether qualified or simple (Arts. 337, 338),
and
e. Abduction which may be forcible or consented (Arts. 342, 343)
But corruption of minors (Art. 340) and white slave trade (Art. 341) can be
prosecuted de officio.
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Title Eleven: Crimes against Chastity
CHAPTER ONE: ADULTERY AND CONCUBINAGE

(ARTS. 333-334)
ARTICLE 333
ADULTERY
Who are liable?

1. The married woman who engages in sexual intercourse with a man not her
husband.
2. The man who, knowing of the marriage of the woman, has sexual
intercourse with her.
Elements:
1. That the woman is married
2. That she has sexual intercourse with a man not her husband; and
3. That as regards the man with whom she has sexual intercourse, he must
know her to be married.
Adultery is committed even if the marriage is subsequently declared void.

The death of the paramour will not bar prosecution against the unfaithful wife,
because the requirement that both offenders be included in the complaint is
absolute only when the offenders are alive.
The death of the offended party will not terminate the proceedings.
Each occasion of sexual intercourse constitutes a crime of adultery.
The criminal liability is mitigated when adultery is committed while abandoned

by spouse without justification.
Abandonment without justification is not an exempting circumstance but is
merely mitigating.
There is no crime of frustrated adultery.
Acquittal of one of the defendants will not automatically acquit the other:
a. There may not be a joint criminal intent, although there is a joint physical
act.
b. One of the parties may be insane and the other is sane.
c. The man may not know that the woman is married.
d. The death of the woman during the pendency of the action cannot defeat
the trial and conviction of the man.
A married man who does not know of the married status of the woman may be
liable for concubinage, if he appears to be guilty of any of the acts defined in
Art. 334.
Requirements for pardon:
1. Must come before the institution of the criminal prosecution; and
2. Both offenders must be pardoned.
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There is an implied pardon:

Act of intercourse with offending spouse subsequent to the adulterous conduct.
When there is consent, whether implied or expressed, of the husband, he cannot

institute a criminal complaint for adultery.
Under the law there can be no accomplice in the crime of adultery, although in
fact there can be such an accomplice.
Recrimination
Husband’s illicit relationship does not absolve but may mitigate wife’s liability
for adultery.
ARTICLE 334
CONCUBINAGE
Who are liable?
1. The married man.
2. The woman who knew that the man was married.
Elements:
1. That the man must be married;
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling (mistress must live therein as
such);
b. Having sexual intercourse under scandalous circumstances with a woman
who is not his wife (proof of actual sexual relations not required as long
as it can be inferred);
c. Cohabiting with her in any other place (as husband and wife);
3. As regards the woman, she must know him to be married.
Conjugal dwelling
Means the home of the husband and wife even if the wife happens to be
temporarily absent on any account.
Scandalous circumstances are not necessary to make a husband guilty of
concubinage by keeping a mistress in the conjugal dwelling.
Scandal – consists in any reprehensible word or or deed that offends public
conscience, redounds to the detriment of the feelings of honest persons, and
gives occasion to the neighbor’s spiritual damage or ruin.
Cohabit – means to dwell together, in the manner of husband and wife, for
some period of time, as distinguished from occasional transient interviews for
unlawful intercourse.
Adultery is more severely punished than concubinage.
Reason: Because adultery makes possible the introduction of another man’s
blood into the family so that the offended husband may have another man’s son
bearing his (husband’s) name and receiving support from him.
Art. 335 has been repealed by RA No. 8353 (Anti-Rape Law of 1997) effective
Oct. 22, 1997. Provisions on Rape are found in Arts. 266-A to 266-D under
Crimes Against Persons.
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ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009
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 persons.
Prohibited Acts
1. 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;
2. 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;
3. 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
4. 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.
CHAPTER TWO: ACTS OF LASCIVIOUSNESS (ART. 336)
ARTICLE 336
ACTS OF LASCIVIOUSNESS
Elements:
1. That the offender commits any act of lasciviousness or lewdness;
2. That the act of lasciviousness is committed against a person of either sex;
3. That it is done under any of the following
circumstances:
a. By using force or intimidation; or
b. When the offended party is deprived of reason or otherwise unconscious;
or
c. By means of fraudulent machination or grave abuse of authority; or
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d. When the offended party is under 12 years of age or is demented.
The crime is unjust vexation in the absence of any of the above-mentioned

circumstances (circumstances of rape).
Attempted Rape Acts of Lasciviousness
The acts performed by offender There is no intent to have
clearly indicate that his purpose was to sexual intercourse.
lie with the offended woman, it is
attempted.
The lascivious acts are but the The lascivious acts are the final
preparatory acts to the commission of objective sought by the offender.
rape.
Manner of commission is the same.
The performance of lascivious character is common to
both.
Lewd – obscene, lustful, indecent, lecherous.

What constitutes lewd or lascivious conduct must be determined from the
circumstances of each case. The presence or absence of the lewd designs is
inferred from the nature of the acts themselves and the environmental
circumstances.
There can be no attempted and frustrated acts of lasciviousness.
In People v. Jalosjos (GR No. 132876-279, Nov. 16, 2001), the SC adopted the
definition of “lascivious conduct” in Sec. 32, Art. XIII of the Implementing
Rules and Regulations of RA 7610, which reads as follows:
“The intentional touching, either directly or through clothing, of the genitalia,

anus, groin, breast, inner thigh or buttocks; or the introduction of any object
into the genitalia, anus or mouth of any person, whether of the same or
opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person; bestiality, masturbation, lascivious
exhibition of the genitals or pubic area of a person.”
Section 5 (b) of RA 7610 or the Special Protection of Children Against

Child Abuse, Exploitation and Discrimination as amended by RA 11648 or
the New Rape Law provides that:
Section 5. 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
(b) Those who commit the act of sexual intercourse or lascivious conduct with
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a child exploited in prostitution or subjected to other sexual abuse: Provided,
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That when the victim is under sixteen (16) years of age, the perpetrators shall
be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act
No. 3815, as amended, otherwise known as "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 sixteen (16) years of age shall be
reclusion temporal in its medium period;
Who must prosecute criminal actions?
R.A. 7610 Acts of

Lasciviousness
Complaints on cases of unlawful actsThe offenses of seduction,
committed against the children asabduction and acts of
enumerated herein may be filed by thelasciviousness shall not
following: be prosecuted except upon a
complaint filed by the offended
a. Offended party; party or her parents, grandparents
b. Parents or guardians; or guardian, nor, in any case, if the
c. Ascendant or offender has been expressly
collateral relative within the third pardoned by any of them. If the
degree of consanguinity; offended party dies or becomes
d. Officer, social worker or incapacitated before she can file
representative of a licensed child- the complaint, and she has no
caring institution; known parents, grandparents or
e. Officer or social worker of the guardian, the State shall initiate the
Department of Social Welfare and criminal action in her behalf
Development; (Section 5, Rule 110, Revised
f. Barangay chairman; or Rules on Criminal Procedure).
g. At least three (3) concerned
responsible citizens where the
violation occurred(Sec. 27)
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CHAPTER THREE: SEDUCTION, CORRUPTION OF MINORS, AND

WHITE SLAVE TRADE
(ARTS. 337-341)
ARTICLE 337
QUALIFIED SEDUCTION AS AMENDED BY RA 11648 OR
NEW RAPE LAW
Seduction
Means enticing a woman to unlawful sexual intercourse by promise of
marriage or other means of persuasion without use of force.
Two classes:
1. Seduction of a virgin 16 and over but under 18 years of age by persons who
abuse their authority or the confidence reposed in them.
2. Seduction of a sister by her brother or descendant by her ascendant,
regardless of her age and reputation.
Elements:
1. That the offended party is 16 and over but under 18 years of age;
2. That the offender had sexual intercourse with her; and
3. That there is abuse of authority, confidence or relationship on the part of
the offender.
Virgin
Refers to a woman of chaste character or a woman of good reputation.
Virginity in this sense does NOT mean physical virginity.
Virginity is presumed if the woman is unmarried and of good reputation.
If there is no sexual intercourse and only acts of lewdness are performed, the
crime is acts of lasciviousness under Art. 339.
The following are the OFFENDERS:

1. Those who abused their authority:
a. Persons in public authority
b. Guardian
c. Teacher
d. Person who, in any capacity, is entrusted with the education or custody of
the woman seduced
2. Those who abused confidence
reposed in them:
a. Priest
b. House servant
c. Domestic
3. Those who abused their relationship:
a. Brother who seduced his sister
b. Ascendant who seduced his descendant
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A “domestic” is different from a house servant, it means any person living

under the same roof as a member of the same household, and includes boarders
or house-guests but not transients or visitors.
The fact that the girl gave her consent to the sexual intercourse is no defense. In
the same way, lack of consent of the girl is not an element of the offense.
The seduction of a sister or descendant is known as incest. Virginity of the
sister or descendant is not required and she may be over 18 years of age.
Relationship must be by consanguinity. The relationship need not be legitimate.
ARTICLE 338
SIMPLE SEDUCTION AS AMENDED BY RA 11648 OR
NEW RAPE LAW
Elements:
1. That the offended party is 16 and over but under 18 years of age;
2. That she must be of good reputation, single or widow;
3. That the offender has sexual intercourse with her; and
4. That it is committed by means of deceit.
Deceit generally takes the form of unfulfilled promise of

marriage. It is not required in simple seduction that the victim be a
virgin.
The gist of qualified seduction is the abuse of authority, confidence, or
relationship as the means of committing the crime. In simple seduction, it is the
use of deceit. But in both kinds of seduction, there must be sexual intercourse.
ARTICLE 339
ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE
OFFENDED PARTY
Elements:
1. That the offender commits acts of lasciviousness or lewdness;
2. That the acts are committed upon a woman who is a virgin or single or a
widow of good reputation, under 18 years of age but over 16 years, or a
sister or descendant regardless of her reputation or age; and
3. That the offender accomplishes the acts by abuse of authority, confidence,
relationship or deceit.
Acts of Lasciviousness Acts of Lasciviousness with

Consent of the
Offended Party
Both treat of acts of lasciviousness.
The offended party is a female or a The offended party should only
male. be female.
The acts are committed under The acts of lasciviousness are
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circumstances committed under the circumstances
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which, had there been carnal which, had there been carnal
knowledge, knowledge, would amount to
would amount to rape. either qualified seduction or simple
seduction.
There is an oversight in the law where the victim is exactly 12 years of age. If
the victim is below 12, the crime will be rape, or unconsented acts of
lasciviousness or forcible abduction. Hence Art. 339 stating “over 12 years of
age” should be construed as twelve years of age and over, thus construing the
doubt in favor of the accused.
ANTI-SEXUAL HARRASMENT ACT (R.A. No. 7877)
Persons liable:
Employer, employee, manager, supervisor, teacher, professor, instructor, coach,
trainor, or any other person having authority, influence, or moral ascendancy
over another in a work, education or training-related environment.
Acts Punished:
Demanding, requesting, or otherwise requiring any sexual favor from the other,
regardless of whether the demand, request, or requirement is accepted by the
object of the act.
ARTICLE 340
CORRUPTION OF MINORS (AS AMENDED BY BP 92)
Acts Punished
To promote or facilitate the prostitution or corruption of persons under age to
satisfy the lust of another.
Under age means under 18 years of age.
The victim must be of good reputation and not a prostitute or corrupted person.
It is not necessary that the unchaste acts shall have been done since what is
being punished is mere act of promotion or facilitation.
Special Protection of Children Against Child Abuse Act (R.A. 7610) –
Child prostitution and attempt to commit child prostitution are punished under
this Act.
Persons liable:
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 a
prostitute.
d. Threatening or using violence towards a child to engage him/her as a
prostitute.
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e. Givingmonetary consideration, goods or other pecuniary benefit to a

child with the intent to engage such child in prostitution.
2. Those who commit the act of sexual intercourse or lascivious conduct with
a child exploited in prostitution or subjected to other sexual abuse.
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. (Sec 5, RA 7610)
Note: There is also a crime of attempted child prostitution under Sec 5 pars. 1
and 2 of RA 7610 (Sec 6, RA 7610).
There is an attempt to commit child prostitution under Section 5, paragraph (a)

hereof when 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.
There is also an attempt to commit child prostitution, under paragraph (b) of
Section 5 hereof when any person is receiving services from a child in a sauna
parlor or bath, massage clinic, health club and other similar establishments.
ARTICLE 341
WHITE SLAVE TRADE
Prohibited Acts:
1. Engaging in the business of prostitution.
2. Profiting by prostitution.
3. Enlisting the services of women for the purpose of prostitution.
Corruption of Minors White Slave Trade

It is essential that victims are minors. Minority need not be involved.
May have victims of either sex. Limited only to females.

May not necessarily be for profit. Generally for profit.
Committed by a single act. Generally committed habitually.
The first two modes require the element of profit and habituality. In the third
mode, the profit motive is not required. (Regalado)
White slave trade may be with or without the consent of the woman, while
slavery for the purpose of assigning the woman to immoral traffic (Art. 272) is
committed against her will.
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CHAPTER FOUR: ABDUCTION (ARTS. 342-343)
Abduction
The taking away of a woman from her house or the place where she may be for
the purpose of carrying her to another place with intent to marry or corrupt her.
Two Kinds of Abduction:

1. Forcible abduction (Art. 342)
2. Consented abduction (Art. 343)
ARTICLE 342 FORCIBLE ABDUCTION
Elements:
1. That the person abducted is a woman; regardless of her age, civil status, or
reputation;
2. That the abduction is against her will; and
3. That the abduction is with lewd design.
Conviction of acts of lasciviousness is not a bar to conviction of forcible

abduction.
Attempted Rape is absorbed by Forcible Abduction as the former constitutes
the element of lewd design.
If girl is under 12 – crime is ALWAYS FORCIBLE ABDUCTION even if she
voluntarily goes with her abductor.
Sexual intercourse is not necessary in forcible abduction. The intent to seduce
the girl is sufficient.
ARTICLE 343
CONSENTED
ABDUCTION
Elements:
1. That the offended party must be a virgin;
2. That she must be over 12 and under 18 years if age;
3. That the taking away of the offended party must be with her consent, after
solicitation or cajolery from the offender; and
4. That the taking away of the offended party must be with lewd designs.
Crimes against Chastity where age and reputation of the victim are
immaterial:
1. Acts of lasciviousness against the will of the offended party or against a
sister or descendant.
2. Qualified Seduction of sister or descendant.
3. Forcible Abduction
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CHAPTER FIVE: PROVISIONS RELATING TO THE PRECEDING

CHAPTERS OF TITLE ELEVEN (ARTS. 344-346)
ARTICLE 344
PROSECUTION OF THE CRIMES OF ADULTERY, CONCUBINAGE,
SEDUCTION, ABDUCTION, RAPE AND ACTS OF LASCIVIOUSNESS
1. Adulteryand concubinage must be prosecuted upon the complaint signed

by the offended spouse (and in the absence of an express or implied
pardon).
2. Seduction, abduction and acts of lasciviousness must be prosecuted upon

the complaint signed by (and in the absence of an express pardon) offended
party –
a. Even if a minor;
b. If of legal age and not incapacitated, only she can file complaint.
If a minor or incapacitated and refuses to file either of the next succeeding

persons may file:
a. Either of the parents;
b. Either of the grandparents whether paternal or maternal side;
c. Legal or judicial guardians;
d. The State, as parens patriae when the offended party dies or becomes
incapacitated before she could file the complaint and she has no known
parents, grandparents or guardians.
Pursuant to R.A. No. 8353, rape is now a crime against persons, which may be
prosecuted de officio.
In adultery and concubinage, the offended party must institute the criminal
prosecution against both the guilty parties, if they are alive.
The right to file the action granted to the parent, grandparent or guardian shall
be exclusive of all other persons and shall be exercised successively in the
order provided by law.
Effects of Pardon
Pardon in adultery and concubinage must come before the institution of the
criminal action and both offenders must be pardoned by the offended party if
said pardon is to be effective.
Pardon in seduction must also come before the institution of the criminal action.
Condonation is not pardon in concubinage or adultery – any subsequent act of
the offender showing that there was no repentance will not bar the prosecution
of the offense.
Pardon by the offended party who is a minor must have the concurrence of
parents – except when the offended party has no parents.
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Marriage of the offender with the offended party in seduction, abduction and
acts of lasciviousness extinguishes criminal action or remits the penalty already
imposed, and it benefits the co-principals, accomplices and accessories. In rape,
it extends only as to the principal.
ARTICLE 345
CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES AGAINST
CHASTITY
Persons who are guilty of rape, seduction or abduction shall also be

sentenced:
1. To indemnify the offended woman;
2. To acknowledge the offspring, EXCEPT:
a. In adultery and concubinage since only a natural child may be
acknowledged;
b. Where either the offended party or the accused is married;
c. When paternity cannot be determined as in multiple rape; and
d. Other instances where the law should prevent the offender from doing so;
3. In every case to support the offspring.
Note: Under the Family Code, children are classified as only either legitimate
or illegitimate, with no further positive act required from the parent, as the law
itself provides the child’s status. Natural children under the Civil Code fall
within the classification of illegitimate children under the Family Code.
Art. 176 of the Family Code confers parental authority over illegitimate
children on the mother and provides their entitlement to support in conformity
with the Family Code.
ARTICLE 346
LIABILITY OF ASCENDANTS, GUARDIANS, TEACHERS, OR
OTHER PERSONS ENTRUSTED WITH THE CUSTODY OF
THE OFFENDED PARTY
Persons who cooperate as accomplices but are punished as principals in

seduction, abduction, acts of lasciviousness, acts of lasciviousness with the
consent of the offended party, corruption of minors, white slave trade:
1. Ascendants,
2. Guardians,
3. Curators,
4. Teachers, and
5. Any person, who cooperates as accomplice with abuse of authority or
confidential relationship.
Persons who act as accomplices in crimes against chastity (EXCEPT adultery

and concubinage where there can be no accomplices or accessories), shall be
punished as principals.
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In addition, teachers or persons entrusted with education and guidance of the

youth are penalized with disqualification.
Furthermore, all those falling within the terms of this article shall be punished.
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Title Twelve: Crimes Against the Civil Status of Persons
CHAPTER ONE: SIMULATION OF BIRTHS AND USURPATION OF

CIVIL STATUS (ARTS. 347-348)
ARTICLE 347
SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR
ANOTHER, AND CONCEALMENT OR ABANDONMENT OF A
LEGITIMATE CHILD
Acts punished:
1. Simulation of births;
2. Substitution of one child for another;
3. Concealing or abandoning any legitimate child with intent to cause such
child to lose its civil status.
Object of the crime under Art. 347 is the creation of false, or the causing of the
loss of, civil status.
Simulation of births
Takes place when the woman pretends to be pregnant when in fact she is not,
and on the day of the supposed delivery, takes the child of another as her own.
The operative act in the simulation is the registration of the child in the registry
of births as the pretending parents own.
The simulation which is a crime is that which alters the civil status of person.
The woman who simulates birth and the one who furnishes the child are both
liable as principals.
The unlawful sale of the child by its father was held to be not punishable under
the RPC (US vs. Capillo et. al., 30 Phil 349). Now, it is punishable under PD
603, with its Art. 59(3) which imposes 2-6 months imprisonment and/or
P500.00 fine. Furthermore, if the accused shall engage in trading and dealing
with children, including the act of buying and selling of child, that crime of
child trafficking is punished with reclusion temporal to reclusion perpetua
under Sec 7, R.A. No. 7610.
In concealing or abandoning any legitimate child, three requisites must be
present, namely:
1. The child must be legitimate;
2. The offender conceals or abandons such child; and
3. The offender has the intent to cause such child to lose its civil status.
The child must be legitimate and a fully developed and living being (U.S. v.
Capillo, et al., 30 Phil. 355).
Abandon
Means to leave a child in a public place where other people may find the child.
Art. 276 (Abandoning a Minor) distinguished from Art. 347
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Abandoning a Minor Simulation of Births, Substitution

of One Child for Another, and
Concealment or Abandonment of a
Legitimate Child
Crime against security. Crime against the civil status of a

person.
The offender must be the one who has The offender is any person.
the
custody of the child.
The purpose of the offender is to The purpose is to cause the child to
avoid the obligation of rearing lose its civil status.
and caring for the child.
ARTICLE 348
USURPATION OF CIVIL STATUS
Usurping the civil status of another is committed by assuming the filiation, or

the parental or conjugal rights of another with intent to enjoy the rights arising
from the civil status of the latter.
Note: Crime is qualified if the purpose is to defraud offended parties and heirs.
It is absolutely necessary in order to constitute this crime that the intent of the
offender is to enjoy the rights arising from the civil status of the person
impersonated. Otherwise, the case will only be a violation of Art. 178 for using
a fictitious name, or as estafa under Art. 315.
Example, where the intent of such usurpation is merely to enjoy or use the
usurped civil rights, as by using another’s license or getting a cedula in
another’s name, to avoid military service or to get a passport, it would not be
punishable under this article (II Cuello Calon, Codigo Penal, 10th edition, p.
670). The offender could be liable for using fictitious name (Art. 178) or estafa
if he intended to defraud third persons (Art. 315), or possibly perjury or
falsification depending on the acts he performed in connection with his
intended offense.
CHAPTER TWO: ILLEGAL MARRIAGES (ARTS. 349-352)
ARTICLE 349
BIGAMY
Elements:
1. That the offender is legally married;
2. That the marriage has not been dissolved or, in case the spouse is absent the
absent spouse could not yet be presumed dead according to the Civil Code;
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3. Thathe contracts a second or subsequent marriage; and

4. Thatthe second or subsequent marriage has all the essential requisites for
validity.
First marriage must be valid. If it is void or voidable, bigamy may still be

committed if there is no judicial declaration of nullity or annulment of the first
marriage.
Bigamy is a public crime, thus, its prosecution may be initiated by
anyone. A person convicted of bigamy may still be prosecuted for
concubinage.
The death of the first spouse during the pendency of the bigamy case does not
extinguish the crime, because when the accused married the second spouse the
first marriage was still subsisting.
The second spouse who knew of the first marriage is an accomplice, as well as
the person who vouched for the capacity of either of the contracting parties.
The prescriptive period for the crime of bigamy does not commence from the
commission thereof but from the time of its discovery by the complainant
spouse. While, it may be conceded that the bigamous marriage was celebrated
publicly in church and recorded in the Office of the Civil Registrar, the rule on
constructive notice cannot apply (Regalado, Criminal Law Conspectus).
In Tenebro v. CA (G.R. No. 150758, Feb. 18, 2004), the SC held that a
declaration of the nullity of the second marriage on the ground of psychological
incapacity is of absolutely no moment insofar as the
State’s penal laws are concerned. Since a marriage contracted during the
subsistence of a valid marriage is automatically void, the nullity of this second
marriage is not per se an argument for the avoidance of criminal liability for
bigamy.
ARTICLE 350
MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS
(Illegal Marriage)
Elements:
1. That the offender contracted marriage; and
2. That he knew at the time that
a. The requirements of the law were not complied with; or
b. The marriage was in disregard of a legal impediment.
The offender must not be guilty of bigamy.
QUALIFYING CIRCUMSTANCE: If either of the contracting parties obtains

the consent of the other by means of violence, intimidation or fraud.
Conviction of a violation of Art. 350 involves moral turpitude.
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ARTICLE 351
PREMATURE
MARRIAGES
Persons liable:
1. A 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.
2. A woman whose marriage having been annulled or dissolved, married before
delivery or before expiration of the period of 301 days after the date of legal
separation.
Period may be disregarded if the first husband was impotent or sterile or if the
woman was pregnant before the death of the first husband and gave birth
within the said period.
The period of 301 days is important only in cases where the woman is not
pregnant, or does not know 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 delivery.
Since the purpose of this article is to avoid cases of doubtful paternity, the
woman will not be liable thereunder if: (a) she has already delivered; and (b)
she has conclusive proof that she was not pregnant by her first spouse since he
was permanently sterile (People vs. Masinsin, CA, 49 OG 3908).
ARTICLE 352
PERFORMANCE OF ILLEGAL MARRIAGES
Priests or ministers of any religious denomination or sect, or civil authorities

who shall perform or authorize any illegal marriage ceremony shall be
punished under the Marriage Law.
Art. 352 presuppose that the priest or minister or civil authority is authorized to
solemnize marriages. If the accused is not authorized to solemnize marriage
and he performs an illegal marriage ceremony, he is liable under Art. 177
(usurpation of authority or public function).
The solemnizing officer of any of the foregoing illegal marriages who performs
or authorizes the same, despite his knowledge of the illegality, shall be
punished under Sec. 39 of Act No. 3613.
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Title Thirteen: Crimes Against Honor
CHAPTER ONE: LIBEL (ARTS. 353-
362)
SECTION ONE: DEFINITIONS, FORMS, AND PUNISHMENT OF THE

CRIME
ARTICLE
353 LIBEL
Elements:
1. That there must be an imputation of a crime, or a vice or defect, real or
imaginary, or any act, omission, condition, status or circumstance;
2. That the imputation must be made publicly;
3. That it must be malicious;
4. That the imputation must be directed at a natural person or a juridical
person, or one who is dead; and
5. That the imputation must tend to cause the dishonor, discredit, or contempt
of the person defamed.
Test of defamatory imputation:

A charge is sufficient if the words are calculated to induce the hearers to
suppose and understand that the person against whom they were uttered was
guilty of certain offenses, or are sufficient to impeach the honesty, virtue or
reputation, or to hold him up to public ridicule.
The meaning of the writer is immaterial. However, if criminal intention is
imputed against another, it is not considered libelous.
An expression of opinion by one affected by the act of another and based on
actual fact is not libelous.
Imputation may cover:
1. Crime allegedly committed by the offended party;
2. Vice or defect, real or imaginary, of the offended party;
3. Any act, omission, condition, status of, or circumstances relating to the
offended party.
Dishonor
Means disgrace, shame, ignominy.
Discredit
Means loss of credit or reputation; disesteem.
Contempt
Means state of being despised.
Publication
Is the communication of the defamatory matter to some third person or persons.
Thus, sending a letter containing defamatory words against another to a third
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person is sufficient publication.
2 types of malice:
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1. Malice in fact – shown by proof of ill-will, hatred, or purpose to injure;

also known as EXPRESS MALICE.
2. Malice in law – presumed to be malicious from the defamatory imputation
even if it is true; proof is not required because it is presumed to exist from
the defamatory imputation.
When the communication is PRIVILEGED, malice is not presumed from the

defamatory words. Malice (in fact) must be proved.
Guidelines when several persons are defamed:
1. If the defamation is made on different occasions or by independent acts,
there are as many crimes of libel as there are persons directly addressed
with such statements or directly referred to.
2. If the defamation is made on a single occasion:
a. Where the same was directed at a class or group of numerous persons in
general terms only without any particular person being directly addressed,
there is no victim identified or identifiable, hence no actionable libel.
b. If the statement is so sweeping or all embracing as to apply to every
individual in that group or class so that each individual therein can prove
that the defamatory statement specifically pointed to him, he can bring
his action separately.
c. If several identifiable victims are libeled in a single article, there are as
many crimes of libel as there are persons defamed.
ARTICLE 354
REQUIREMENT FOR PUBLICITY
Every Defamatory Imputation is presumed to be Malicious, Even if it be

True.
The PRESUMPTION is rebutted if it is shown by the accused that –
1. The defamatory imputation is true, in case the law allows proof of the truth
of the imputation (see Art. 361);
2. It is published with good intention;
3. There is justifiable motive for making it.
MALICE is not presumed in the following cases involving qualifiedly

privileged communication:
1. Private communication made by any person to another in the performance
of any legal, moral or social duty.
Requisites of the first kind of privileged communication:
1. That the person who made the communication had a legal, moral or social
duty to make the communication, or, at least, he had an interest to be
upheld;
2. That the communication is addressed to an officer or a board, or superior,
having some interest or duty in the matter; and
3. That the statements in the communication are made in good faith without
malice (in fact).
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The defense of privileged communication will be overcome if it is shown that

(1) the defendant acted with malice in fact, or (2) there is no reasonable ground
for believing the charge to be true.
4. 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.
Requisites of the second kind of privileged
communication:
1. That it is fair and true report of a judicial, legislative, or other official
proceedings which are not of a confidential nature, or of a statement, report
or speech delivered in said proceedings, or of any other act performed by a
public officer in the exercise of his functions;
2. That it is made in good faith; and
3. That it is without any comments or remarks.
Therefore, qualified privileged communications must be made with malice and

bad faith in order to be actionable.
An absolutely privileged communication is not actionable even if made in bad
faith. Specifically recognized in the Constitution as absolutely privileged are
statements made in official proceedings of Congress by members thereof, as an
implementation of their parliamentary immunity.
Statements made in judicial proceedings are privileged but only if pertinent or
relevant to the case involved.
Enumeration under Art. 354 is not an exclusive list of qualifiedly privileged
communication.
Defamatory remarks and comments on the conduct or acts of public officers

which are related to the discharge of their official duties will not constitute
libel if the defendant proves the truth of the imputation.
Doctrine of Fair Comment

Means that while in general every discreditable imputation publicly made is
deemed false, because every man is presumed innocent until his guilt is
judicially proved, and every false imputation is directed against a public person
in his public capacity, it is not necessarily actionable.
Criticism
Deals only with such things as shall invite public attention or call for public
comment. It does not follow a public man into his private life nor pry into his
domestic concerns.
If one’s good name is assailed in the newspaper, he may reply by defending

himself, and if his reply is made in good faith, without malice and is not
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unnecessarily defamatory of his assailant, it is privileged. (People v. Baja, C.A.,

40 O.G. Supp. 5, 206)
Retaliation or vindictiveness cannot be a basis of self- defense.
THE ANTI-WIRE TAPPING ACT (R.A. No. 4200)
Unlawful acts by any person or participant, not authorized by all the

parties to any private communication or spoken word:
1. To tap any wire or cable.
2. To use any other device or arrangement to secretly overhear, intercept or
record such communication or spoken word by using a device known as
dictaphone, dictagraph, detectaphone, walkie-talkie or tape- recorder.
3. To knowingly possess any tape/wire or disc record of any communication
or spoken word or copies thereof.
4. To replay the same for any person or persons.
5. To communicate the contents thereof, verbally or in writing.

6. To furnish transcriptions thereof, whether complete or partial.
Exception: When a peace officer is authorized by written order from the court.
Any recording, communication or spoken word obtained in violation of the

provisions of this Act shall be INADMISSIBLE IN EVIDENCE in any judicial,
quasi- judicial or administrative hearing or investigation.
The phrase “any other device or arrangement” does not cover an extension line
(Gaanan v. IAC, G.R. No. L- 69809, October 16, 1986).
ARTICLE 355
LIBEL BY MEANS OF WRITINGS OR SIMILAR MEANS
Committed by means of:

1. Writing 6. Phonograph
2. Printing 7. Painting
3. Lithography 8. Theatrical exhibition
4. Engraving 9. Cinematographic exhibition
5. Radio 10. Or any similar means
Defamation through amplifier system is slander not libel.
If defamatory remarks are made in the heat of passion which culminated in a

threat, the derogatory statements will not constitute an independent crime of
libel but a part of the more serious crime of threats.
Administrative Circular No. 08-2008, issued on January 25, 2008, laid down
a rule of preference for the imposition of a fine only rather than imprisonment
in libel cases. The Administrative Circular provides that:
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1. It does not remove imprisonment as an alternative penalty for the crime of

libel under Art. 355 of the RPC.
2. The Judges may, in the exercise of sound discretion, and taking into
consideration the peculiar circumstances of each case, determine whether
the imposition of a fine alone would best serve the interests of justice or
whether forbearing to impose imprisonment would depreciate the
seriousness of the offense, work violence on the social order, or otherwise
be contrary to the imperatives of justice.
3. Should only a fine be imposed and the accused be unable to pay the fine,
there is no legal obstacle to the application of the RPC provisions on
subsidiary imprisonment.
ARTICLE 356
THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH
PUBLICATION FOR A COMPENSATION
Acts punished:
1. Threatening another to publish a libel concerning him, or his parents,
spouse, child or other members of the family.
2. Offering to prevent the publication of such libel for compensation or money
consideration.
This is also known as blackmail. Art. 283 regarding light threats is another
form of blackmail.
Blackmail
Any lawful extortion of money by threats of accusation or exposure.
It is essential that the threat to publish, or to offer to prevent the publication of

libel must be for a compensation or money consideration, in order it may be
penalized under this article.
Blackmail is possible in the following crimes:

a. Light threats (Art 283)
b. Threatening to publish, or offering to prevent the publication of, a libel for
compensation (Art 356)
ARTICLE 357
PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE
COURSEOF OFFICIAL PROCEEDINGS
Elements:
1. That the offender is a reporter, editor or manager of a newspaper, daily or
magazine;
2. He publishes facts connected with the private life of another; and
3. Such facts are offensive to the honor, virtue and reputation of said person.
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This article is referred to as the Gag Law because while a report of an official
proceeding is allowed, it gags those who would publish therein facts which this
article prohibits, and punishes any violation thereof.
The Gag Law prohibits the publication of cases relating to adultery, divorce,
legitimacy of children, etc.
Under Republic Act No. 1477:
A newspaper reporter cannot be compelled to reveal the source of the news
report he made, unless the court or a House or committee of Congress finds
that such revelation is demanded by the security of the state.
ARTICLE 358
SLANDER (Oral Defamation)
Kinds:
1. Simple slander; and
2. Grave slander, when it is of a serious and insulting nature.
Factors that determine the gravity of the oral defamation:
1. Expressions used;
2. Personal relations of the accused and the offended party;
3. Circumstances surrounding the case;
4. Social standing and position of the offended party.
The slander need not be heard by the offended party.

Gossiping is considered as oral defamation if a defamatory fact is imputed or
intriguing against honor if there is no imputation.
Self-defense in slander may only be invoked if his reply is made in good faith,
without malice, is not necessarily defamatory to his assailant and is necessary
for his explanation or defense.
ARTICLE 359 SLANDER BY DEED

Slander by Deed
Is a crime committed by performing any act which casts dishonor, discredit or

contempt upon another person.
Elements:
1. That the offender performs any act not included in any other crime against
honor;
2. That such act is performed in the presence of other persons; and
3. That such act casts dishonor, discredit, or contempt upon the offended party.
If there is no intent to dishonor the offended party, the crime is maltreatment by

deed under Art. 266.
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Slander by deed is of two kinds:

1. Simple slander by deed; and
2. Grave slander by deed, that is, which is of a serious nature.
Common Element of Slander by deed and Unjust Vexation: Irritation or

Annoyance; without any other concurring factor, it is only Unjust Vexation; if
the purpose is to shame or humiliate, Slander by deed.
SECTION TWO: GENERAL PROVISIONS
ARTICLE 360
PERSONS RESPONSIBLE FOR LIBEL
1. The person who publishes, exhibits or causes the publication or exhibition

of any defamation in writing or similar means.
2. The author or editor of a book or pamphlet.
3. The editor or business manager of a daily newspaper magazine or serial
publication.
4. The 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.
An independent civil action may be filed simultaneously or separately in the

same RTC where the criminal action was filed and vice versa.
ARTICLE 361
PROOF OF TRUTH
When proof of the truth is admissible in a charge for Libel:

1. When the act or omission imputed constitutes a crime regardless of whether
the offended party is a private individual or a public officer.
2. When the offended party is a Government employee, even if the imputation
does not constitute a crime, provided it is related to the discharge of his
official duties.
The proof of truth of the accusation cannot be based upon mere hearsay,
rumors or suspicion. It must be positive, direct evidence upon which a definite
finding may be made by the court.
Defense in Defamation:
1. It appears that the matters charged as libelous is true;
2. It was published with good motives; AND
3. For a justifiable ends.
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Incriminating Innocent Persons Defamation

Offender does not avail himself of Imputation is public and malicious
written or spoken word in calculated to cause dishonor,
besmirching the victim’s reputation. discredit, or contempt upon the
offended party.
ARTICLE 362 LIBELOUS REMARKS
Libelous remarks or comments connected with the matter privileged under the
provisions of Art. 354, if made with malice, shall not exempt the author thereof
nor the editor or managing editor of a newspaper from criminal liability.
ADMINISTRATIVE CIRCULAR No. 08-2008
GUIDELINES IN THE OBSERVANCE OF A RULE OF PREFERENCE

IN THE IMPOSITION OF PENALTIES IN LIBEL CASES.
Article 355 of the Revised Penal Code penalizes libel, committed by means of
writing, printing, lithography, engraving, radio, phonograph, painting,
theatrical exhibition, cinematographic exhibition, or any similar means, with
prision correctional in its minimum and medium periods or fine ranging from
200 to 6,000 pesos, or both, in addition to the civil action which may be
brought by the offended party.
In the following cases, the Court opted to impose only a fine on the person
convicted of the crime of libel:
In Fernando Sazon v. Court of Appeals and People of the Philippines (G.R. No.
120715, March 29, 1996) the Court modified the penalty imposed upon
petitioner, an officer of a homeowners’ association, for the crime of libel from
imprisonment and fine in the amount of P200.00, to fine only of P3,000.00,
with subsidiary imprisonment in case of insolvency, for the reason that he
wrote the libelous article merely to defend his honor against the malicious
messages that earlier circulated around the subdivision, which he thought was
the handiwork of the private complainant.
In Quirico Mari v. Court of Appeals and People of the Philippines( 388 Phil.
269, 279, 2000) ,where the crime involved is slander by deed, the Court
modified the penalty imposed on the petitioner, an ordinary government
employee, from imprisonment to fine of P1,000.00, with subsidiary
imprisonment in case of insolvency, on the ground that the latter committed the
offense in the heat of anger and in reaction to a perceived provocation.
In Jose Alemania Buatis, Jr. v. People of the Philippines and Atty. Jose Pieraz
(G.R. No. 142509, March 24, 2006), the Court opted to impose upon petitioner,
a lawyer, the penalty of fine only for the crime of libel considering that it was
his first offense and he was motivated purely by his belief that he was merely
exercising a civic or moral duty to his client when wrote the defamatory letter
to private complainant.
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CHAPTER TWO: INCRIMINATORY MACHINATIONS

(ART. 363-364)
ARTICLE 363
INCRIMINATING INNOCENT PERSONS
Elements:
1. That the offender performs an act;
2. That by such act he directly incriminates or imputes to an innocent person
the commission of a crime; and
3. That such act does not constitute perjury.
Incriminating Perjury by Making False

Innocent Persons Accusation
Limited to the act of planting Giving of false statement under oath

evidence and the like in order or making a false affidavit, imputing
to incriminate an innocent to the person the commission of a
person. crime.
It is committed by It is committed when the imputation
performing an act by which the was falsely made before an officer.
offender directly incriminates or
imputes to an innocent person the
commission of a crime.
ARTICLE 364
INTRIGUING AGAINST HONOR
Committed by any person who shall make any intrigue which has for its
principal purpose to blemish the honor or reputation of another.
This refers to such intrigues against a person’s honor or reputation which are
not otherwise punished under other articles of the RPC. It differs from
defamation in that it consists of tricky or secret plots and may be committed
without using written or spoken words which are defamatory.
Intriguing Against Honor Defamation

Source of derogatory statements cannot Source is known.
be determined.
Consists of some tricky and secret plot. Committed in a public and malicious
manner.
Passes such The remarks made are claimed to be
utterances without subscribing to the true.
truth of the remarks.
Title Fourteen: Quasi-Offenses
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SOLE CHAPTER: CRIMINAL NEGLIGENCE (ART. 365)
ARTICLE 365
IMPRUDENCE AND NEGLIGENCE
Four ways of committing quasi-offenses under Art 365:

1. By committing through reckless imprudence any act which, had it been
intentional, would constitute a grave or less grave felony or light felony;
2. By committing through simple imprudence or negligence an act which
would otherwise constitute a grave or less serious felony;
3. By causing damage to the property of another through reckless imprudence
or simple imprudence or negligence;
4. By causing through simple imprudence or negligence some wrong which, if
done maliciously, would have constituted a light felony.
Imprudence Negligence
Deficiency of action. Deficiency of perception.
Failure in precaution. Failure in advertence.
To avoid wrongful acts: one must take To avoid wrongful acts: paying
the necessary precaution once they proper attention and using due
are foreseen. diligence in foreseeing them.
Reckless Imprudence
Consists in voluntarily but without malice, doing or failing to do an act from
which material damage results by reason of inexcusable lack of precaution on
the part of the person performing or failing to perform such act, taking into
consideration his employment or occupation, degree of intelligence, physical
condition and other circumstances regarding persons, time and place.
Elements:
1. That the offender does or fails to do an act;
2. That the doing of or the failure to do that act is voluntary;
3. That it be without malice;
4. That material damage results; and
5. That there is inexcusable lack of precaution on the part of the person
performing or failing to perform such act taking into consideration –
a. Employment or occupation.
b. Degree of intelligence, physical condition. and
c. Other circumstances regarding persons, time and place.
Test of negligence: Would a prudent man, in the position of the person to

whom negligence is attributed, foresee harm to the person injured as a
reasonable consequence of the course about to be pursued? If so, the law
CRIMINAL LAW BOOK 2

239
imposes a duty on the actor to refrain from that course or to take precaution
against its mischievous results, and the failure to do so constitutes negligence.
Simple Imprudence
Consists in the lack of precaution displayed in those cases in which the damage
impending to be caused is not immediate nor the danger clearly manifest.
Elements:
1. That there is lack of precaution on the part of the offender; and
2. That the damage impending to be caused is not immediate nor the danger
clearly manifest.
Art. 64 relative to mitigating and aggravating circumstances is not applicable to

crimes committed through negligence.
The defense of contributory negligence does not apply in criminal cases
through reckless imprudence since one cannot allege negligence of another to
evade the effects of one’s own negligence. It only mitigates criminal liability.
(Reyes, p. 1059).
The penalties provided for in Article 365 are NOT applicable when:
1. The penalty provided for the offense is equal to or lower than those
provided in the first two paragraphs of Art 365;
2. By imprudence or negligence, and with violation of the Automobile Law,
the death of a person shall be caused.
Qualifying Circumstance: Failing to lend on-the-spot help to the victims of

his act of negligence. It raises the penalty one degree higher.
Exception: Sec. 55 of RA 4136, the driver can leave his vehicle without aiding
the victims if:
1. He is in imminent danger of being harmed,
2. He wants to report to the nearest officer of the law, or
3. He desires to summon a physician or a nurse for medical assistance to the
injured.
There must be injury to person or damage to property as a consequence of

reckless or simple imprudence.
Doctrine of Last Clear Chance

The contributory negligence of the party injured will not defeat the action if it
be shown that the accused might, by the exercise of reasonable care and
prudence, have avoided the consequences of the negligence of the injured party.
Emergency Rule
An automobile driver who, by the negligence of another and not by his own
negligence, is suddenly placed in an emergency and compelled to act instantly
to avoid a collision or injury is not guilty of negligence if he makes such a
CRIMINAL LAW BOOK 2

240
choice which a person of ordinary prudence placed in such a position might

make even though he did not make the wisest choice.
The SC held in the case of Ivler v. San Pedro (G.R. No. 172716, Nov. 17, 2010)
that reckless imprudence or negligence is a crime in itself. Hence, once
convicted or acquitted of a specific act of reckless imprudence, the accused
may not be prosecuted again for that same act. For the essence of the quasi
offense of criminal negligence under Art. 365 of the RPC lies in the execution
of an imprudent or negligent act that, if intentionally done, would be
punishable as a felony. The law penalizes thus the negligent or careless act, not
the result thereof. The gravity of the consequence is only taken into account to
determine the penalty, it does not qualify the substance of the offense. And, as
the careless act is single, whether the injurious result should affect one person
or several persons, the offense (criminal negligence) remains one and the same
and cannot be split into different crimes and prosecutions.
CRIMINAL LAW BOOK 2


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DON HONORIO VENTURA STATE UNIVERSITY - SCHOOL OF LAW

IN PARTIAL FULFILLMENT OF THE REQUIREMENTS OF

ACP BENEDICT R. PICHAY III

BANJO LIM SOMERA

2nd Semester, School Year 2023-2024

TITLE ONE. CRIMES AGAINST NATIONAL SECURITY

Crimes Against National Security:

Section Two: Provoking War and Disloyalty in Case of War

TITLE TWO. CRIMES AGAINST THE FUNDAMENTAL LAWS

CHAPTER ONE: ARBITRARY DETENTION OR EXPULSION,

Section Two: Violation of Domicile

CRIMINAL LAW BOOK 2

the Service of Those Legally Obtained (Art. 129).....................................19

Section Three: Prohibition, Interruption, and Dissolution of Peaceful Meetings

TITLE THREE. CRIMES AGAINST PUBLIC ORDER

CHAPTER ONE: REBELLION, COUP D’ETAT, SEDITION AND

CHAPTER TWO: CRIMES AGAINST POPULAR REPRESENTATION

Section Two: Violation of Parliamentary Immunity

CHAPTER THREE: ILLEGAL ASSEMBLIES AND ASSOCIATIONS

CHAPTER FOUR: ASSAULT UPON, AND RESISTANCE

CRIMINAL LAW BOOK 2

CHAPTER FIVE: PUBLIC DISORDERS

CHAPTER SIX: EVASION OF SERVICE OF SENTENCE

CHAPTER SEVEN: COMMISSION OF ANOTHER CRIME DURING

TITLE FOUR. CRIMES AGAINST PUBLIC INTEREST

CHAPTER ONE: FORGERIES

Section Two: Counterfeiting Coins

Section Three: Forging Treasury or Bank Notes, Obligations and Securities;

CRIMINAL LAW BOOK 2

Section Four: Falsification of Legislative, Public, Commercial, and private

Section Five: Falsification of medical certificates,

Section Six. — Manufacturing, importing and possession of instruments or

CHAPTER TWO: OTHER FALSIFICATIONS

Section Two: False Testimony

CHAPTER THREE: FRAUDS

CRIMINAL LAW BOOK 2

REPUBLIC ACT NO. 455 Law on Smuggling.........................................69

TITLE FIVE. CRIMES RELATIVE TO OPIUM and OTHER

REPUBLIC ACT NO. 9165 - Comprehensive Dangerous Drugs Act

TITLE SIX. CRIMES AGAINST PUBLIC MORALS

CHAPTER TWO: OFFENSES AGAINST DECENCY AND GOOD

TITLE SEVEN. CRIMES COMMITTED BY PUBLIC OFFICERS

CHAPTER ONE: PRELIMINARY PROVISIONS

Section Two. — Bribery

CHAPTER THREE: FRAUDS AND ILLEGAL EXACTIONS AND

CRIMINAL LAW BOOK 2

Chapter Four: MALVERSATION OF PUBLIC FUNDS OR PROPERTY

CHAPTER FIVE: INFIDELITY OF PUBLIC OFFICERS

Section Two. — Infidelity in the custody of document

Section Three. — Revelation of secrets

CHAPTER SIX: OTHER OFFENSES OR IRREGULARITIES BY PUBLIC

Section Two. — Anticipation, prolongation, and abandonment of the duties and

Section Three. — Usurpation of powers and unlawful appointments

CRIMINAL LAW BOOK 2

Any Judicial Authority (Art. 243)..............................................................115

Section Four. — Abuses against chastity

TITLE EIGHT. CRIMES AGAINST PERSONS

CHAPTER ONE: DESTRUCTION OF LIFE

Section Two. — Infanticide and abortion.

Section Three. — Duel

CHAPTER TWO: PHYSICAL INJURIES

CHAPTER III: RAPE

CRIMINAL LAW BOOK 2