Criminal Law Book 2 Ateneo Reviewer

CRIMINAL LAW BOOK 2 REVIEWER
ATENEO CENTRAL BAR OPERATIONS 2001
TITLE ONE 2. Confession of the accused in open

CRIMES AGAINST NATIONAL SECURITY court. Arraignment, pre-trial, trial – OK.
AND THE LAWS OF NATIONS a) If he has pleaded NOT guilty already
during arraignment, he can still
CHAPTER 1: CRIMES AGAINST NATIONAL confess in open court by stating the
SECURITY
particular acts constituting treason.
Section 1 – Treason and espionage b) During trial, simply saying ―I’m guilty‖
is not enough.
Art. 114. Treason – Any person who, owing c) Withdrawing plea of ―not guilty‖ during
allegiance to (the United States or) the Government arraignment not necessary
of the Philippine Islands, not being foreigner, levies d) If during arraignment he pleads guilty,
war against them or adheres to their enemies, giving court will ask if the accused
them aid or comfort within the Philippine Islands or
elsewhere, shall be punished by reclusion temporal to understands is plea. Submission of
death and shall pay a fine not to exceed P20,000 affidavit during trial, even if assisted
pesos. by counsel is not enough.
No person shall be convicted of treason unless on the
testimony of two witnesses at least to the same overt  Treason: breach of allegiance to the
act or on confession of the accused in open court. government, committed by a person who
owes allegiance to it. Allegiance: obligation
Likewise, an alien, residing in the Philippine Islands, of fidelity and obedience. It is permanent or
who commits acts of treason as defined in par. 1 of
this Art. Shall be punished by prision mayor to death
temporary depending on whether the
and shall pay a fine not to exceed P20, 000 pesos. person is a citizen or an alien.
(As amended by E.O No. 44, May 31, 1945)  Evident premeditation, superior strength
ELEMENTS: and treachery are circumstances inherent in
1. That the offender owes allegiance to treason, and are, therefore, not aggravating.
the Government of the Philippines  Treason cannot be committed in times
2. That there is a war in which the Philippines of peace, only in times of war – actual
is involved hostilities. But no need for declaration of
3. That the offender either – war
1) Levies war against the government,  Levying of war: a) that there be an actual
a)breech of allegiance assembling of men; b) for the purpose of
b) actual assembling of men executing a treasonable design by force
c) for the purpose of executing (deliver the country in whole or in part to the
a reasonable design enemy)
d) adherence
e) giving aid or comfort to the enemy NOT TREASONOUS:
2) Adheres to the enemies, giving them 1. Acceptance of public office and discharge
aid and comfort of official duties under the enemy does
not constitute per se the felony of treason
WAYS OF PROVING TREASON: (exception: when it is policy determining)
1. 2 witnesses testifying to same overt act 2. Serving in a puppet government
Example: (ministerial functions) and in order to
X saw arms landed in La Union and loaded serve the populace is NOT treasonous.
into a motor vehicle. At this stage, it’s not But it is treason if: a) there is discretion
sufficient to convict yet. Y later saw the arms involved; b) inflicts harm on Filipinos; c) it
unloaded in a warehouse. Will X + Y be is disadvantageous to them.
sufficient witnesses to convict? 3. Purpose of offender: to deliver the
Answer: NO. Because the law requires that 2 Philippines to enemy country; if merely
witnesses see the SAME OVERT ACT. to change officials – not treason
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4. Filipino citizens can commit treason

 When killings and other common crimes are
outside the Philippines. But that of an
charged as overt act of treason, they cannot
alien must be committed in the
be regarded as (1) separate crimes or (2) as
Philippines.
complex with treason.
5. Only Filipino citizens or permanent
resident aliens can be held liable Art. 115. Conspiracy and proposal to commit
6. Alien: with permanent resident status from treason; Penalty – The conspiracy or proposal to
the BID – it is neither the length of stay in commit the crime of treason shall be punished
the Philippines nor the marriage with a respectively, by prision mayor and a fine not
Filipino that matters. exceeding P10,000 pesos, and prision correccional
and a fine not exceeding P5,000 pesos.
ELEMENTS conspiracy to commit treason:
ON CITIZENSHIP
1. In time of war
 Treason cannot be proved by circumstantial 2. 2 or more persons come to an
evidence or by extra-judicial confession of agreement to
the accused
levy war against the government, or
 Actual hostilities may determine the date
adhere to the enemies and to give them
of the commencement of war
aid or comfort,
 No such thing as attempted treason; 3. They decide to commit it
mere attempt consummates the crime
 Giving aid or comfort – material element, ELEMENTS of proposal to commit treason:
enhances forces of the enemy country. Acts 1. In time of war
which strengthen or tend to strengthen the 2. A person who has decided to levy war
enemy in the conduct of war against the against the government, or to adhere to
traitor’s country or that which weaken and the enemies and to give them aid or
tend to weaken the power of the same. comfort, proposes its execution to some
Example: other person/s.
Financing arms procurement of enemy Mere agreement and decisions to commit
country. But giving of shelter is not treason is punishable
necessarily ―giving aid and comfort.‖
Mere proposal even without acceptance
is punishable too. If the other
 Adherence and giving aid or comfort must accepts, it is already conspiracy.
concur together. Adherence: when a citizen
intellectually or emotionally favors the Art. 116. Misprision of treason – Every person
enemy and harbors convictions disloyal to owing allegiance to (the United States) the
his country’s policy. But membership in the Government of the Philippine Islands, without being
police force during the occupation is NOT a foreigner, and having knowledge of any conspiracy
against them, conceals or does not disclose and
treason. make known the same, as soon as possible to the
Example: Giving information to, or governor or fiscal of the province, or the mayor or
commandeering foodstuffs for the enemy. fiscal of the city in which he resides, as the case may
be, shall be punished as an accessory to the crime of
 Adherence may be proved by: (1) one treason.
witness; (2) from the nature of the act itself; ELEMENTS:
(3) from the circumstances surrounding the 1. That the offender must be owing
act. allegiance to the government, and not a
foreigner
 Treason is a CONTINUING CRIME. Even
2. That he has knowledge of any
after the war, offender can be prosecuted.
conspiracy (to commit treason) against
 If you convict a person for treason by the government
reason of irresistible force or 3. That he conceals or does not disclose and
uncontrollable fear, you may use Art.12. make known the same as soon as
No treason through negligence possible to the governor or fiscal of the
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province or the mayor or fiscal of the city be used to the injury of the Philippines or
in which he resides the advantage of any foreign nation. It is
not conditioned on citizenship.
 Offender is punished as an accessory to  Not necessary that Philippines is at war with
the crime of treason the country to which the information was
 This crime does not apply if the crime revealed. What is important is that the
of treason is already committed information related is connected with the
 Crime of omission defense system of the Philippines.
 ―To report within a reasonable time‖ –  Wiretapping is NOT espionage if the
depends on time, place and circumstance – purpose is not something connected
the RPC did not fix time. with the defense
 RPC states 4 individuals, what if you report  See CA 616
to some other high-ranking government
official? Ex. PNP Director? Judge Pimentel Section 2 – Provoking war and disloyalty in case of
says any gov’t official of the DILG is OK. war
Art. 117. Espionage – The penalty of prision Art. 118. Inciting to war or giving motives for
correccional shall be inflicted upon any person who: reprisals – The penalty of reclusion temporal shall
be imposed upon any public officer or employee, and
1. Without authority therefor, enters a that of prision mayor upon any private individual,
warship, fort, or naval or military who, by unlawful or unauthorized acts provokes or
establishment or reservation to obtain any gives occasion for a war involving or liable to involve
information, plans, photographs, or other the Philippine Islands or exposes Filipino citizens to
data of a confidential nature relative to the reprisals on their persons or property.
defense of the Philippine Archipelago; or
information is to
2. Being in possession, by reason of public
office he holds, of the articles, data, or
information referred to in the preceding
par., discloses their contents to a
representative of a foreign nation.
The penalty next higher in degree shall be imposed if
the offender be a public officer or employee.
ELEMENTS OF PAR. 1:
1. That the offender enters any of the
places mentioned therein
2. That he has no authority therefore;
3. That his purpose is to obtain information,
plans, photographs or other data of a
confidential nature relative to the
defense of the Philippines
ELEMENTS PAR. 2:
1. That the offender is a public officer
2. 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
3. That he discloses their contents to a
representative of a foreign nation
 Purpose: to gather data
 Espionage: the offense of gathering,
transmitting, or losing information
respecting the national defense with the
intent or reason to believe that the
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ELEMENTS:
1. That the offender performs unlawful
or unauthorized acts
2. 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 or
property
 Crime is committed in time of peace,

intent is immaterial
 Inciting to war – offender is any person
 Reprisals is not limited to military action,
it could be economic reprisals, or denial
of entry into their country.
Example. X burns Chinese flag. If China

bans the entry of Filipinos into China, that is
already reprisal.
ELEMENTS: Art. 119. Violation of neutrality — The penalty of

1. That there is war in which the Philippines prision correccional shall be inflicted upon anyone
who, on the occasion of a war in which the
is not involved
Government is not involved, violates any regulation
issued by competent authority for the purpose of
enforcing neutrality.
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2. That there is a regulation issued by

 If ciphers were not used, there is a need for
competent authority for the purpose of
prohibition
enforcing neutrality
 In any case, it must be correspondence
3. That the offender violates such regulation
with the enemy country
 Doesn’t matter if correspondence contains
 Gov’t must have declared the neutrality of
innocent matters – if prohibited, punishable
the Phil in a war between 2 other countries
 It is neutrality of the Phil that is violated Art. 121. Flight to enemy country — The penalty of
 Congress has the right to declare neutrality arresto mayor shall be inflicted upon any person
who, owing allegiance to the Government, attempts
to flee or go to an enemy country when prohibited by
Art. 120. Correspondence with hostile country — competent authority.
Any person who in time of war, shall have
ELEMENTS:
correspondence with an enemy country or territory
occupied by enemy troops shall be punished: 1. That there is a war in which the Philippines
1. By prision correccional, if the is involved
correspondence has been prohibited by 2. That the offender (Filipino or resident alien)
the Government; must be owing allegiance to the
2. By prision mayor, if such correspondence
be carried on in ciphers or conventional government
signs; and 3. That the offender attempts to flee or go
3. By reclusion temporal, if notice or to enemy country
information be given thereby which might 4. That going to enemy country is prohibited
be useful to the enemy. If the offender by competent authority
intended to aid the enemy by giving such
notice or information, he shall suffer the
penalty of reclusion temporal to death.  Mere attempt consummates the crime
ELEMENTS:  There must be a prohibition. If none, even
1. That it is in time of war in which the if went to enemy country – no violation
Philippines is involved  Alien resident may be guilty here.
2. That the offender makes
correspondence with an enemy country Section 3 – Piracy and mutiny on the high seas
or territory occupied by enemy troops
3. That the correspondence is either – Art. 122. Piracy in general and mutiny on the high
seas — The penalty of reclusion temporal shall be
a)prohibited by the government, or inflicted upon any person who, on the high seas, shall
b)carried on in ciphers or conventional attack or seize a vessel or, not being a member of its
signs, or complement nor a passenger, shall seize the whole
c)containing notice or information which or part of the cargo of said vessel, its equipment, or
personal belongings of its complement or
might be useful to the enemy passengers.
Circumstances qualifying the offense: The same penalty shall be inflicted in case of mutiny
a. notice or information might be useful to the ELEMENTS:
enemy 1. That a vessel is on the high seas/Philippine
b. offender intended to aid the enemy waters
2. That the offenders are not members of its
 Hostile country exist only during hostilities complement or passengers of the vessel
or after the declaration of war 3. That the offenders –
 Correspondence to enemy country – a) attack or seize that vessel or (hence, if
correspondence to officials of committed by crew or passengers, the
enemy country – even if related to crime is not piracy but robbery in the
you. high seas)
 It is not correspondence with private b) seize the whole or part of the cargo of
individual in enemy country said vessel, its equipment or personal
 If ciphers were used, no need for prohibition
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belongings of its complement or The above may result to qualified mutiny.

passengers
2 WAYS OF COMMITTING PIRACY:

1. By attacking or seizing a vessel on the
high seas or in the Philippine waters (PD
532)
2. By seizing the whole or part of the cargo
of said vehicles, its equipment or
personal belongings of its complement or
passengers
 High seas: any waters on the sea coast

which are without the boundaries of the low
water mark although such waters may be in
the jurisdictional limits of a foreign gov’t
 PD 532 has been already repealed
 Piracy in high seas – jurisdiction is with any
court where offenders are found or arrested
 Piracy in internal waters – jurisdiction is only
with Philippine courts
 For purpose of Anti-Fencing Law, piracy is
part of robbery and theft
Piracy Mutiny
Robbery or forcible Unlawful resistance to a
degradation on the high superior officer, or the
seas, without lawful raising of commotion and
authority and done with disturbances on board a
animo furandi and in the ship against the authority of
spirit and intention of its commander
universal hostility.
Intent to gain is an
element.
Attack from outside. Attack from the inside.
Offenders are strangers to
the vessel. (this is the
standing rule with the
repeal of PD 532 which
made it possible for any
person to commit piracy
including a passenger or
complement of the
vessel).
Art. 123. Qualified piracy — The penalty of reclusion

temporal to death shall be imposed upon those who
commit any of the crimes referred to in the preceding
article, under any of the following circumstances:
1. Whenever they have seized a vessel by
boarding or firing upon the same;
2. Whenever the pirates have abandoned their
victims without means of saving themselves;
or
3. Whenever the crime is accompanied by
murder, homicide, physical injuries or rape.
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 Parricide/infanticide should be included

(Judge Pimentel)
 Note the new rape law. Death is imposed in
certain types of rape
 There is a conflict between this provision
and the provision on rape. Ex. If rape is
committed on someone below 7 – death
under the new rape law. But if rape
committed on someone below 7 during the
time of piracy – RP to death. Irreconcilable.
 Murder/rape/homicide/physical injuries must
have been committed on the passengers or
complement
TITLE TWO
CRIMES AGAINST THE FUNDAMENTAL
LAWS OF THE STATE
CHAPTER 1: ARBITRARY DETENTION OR

EXPULSION, VIOLATION OF DWELLING,
PROHIBITION, INTERRUPTION, AND DISSOLUTION
OF PEACEFUL MEETINGS AND CRIMES AGAINST
RELIGIOUS WORSHIP
Classes of Arbitrary Detention:

1. By detaining a person without legal ground
2. Delay in the delivery of detained persons to
the proper judicial authorities
3. Delaying release
Section 1 - Arbitrary detention and expulsion
ELEMENTS: Art. 124. Arbitrary detention — Any public officer or

employee who, without legal grounds, detains a person, shall
suffer;
1. The penalty of arresto mayor in its maximum period
to prision correccional in its minimum period, if the
detention has not exceeded three days;
>3days
2. The penalty of prision correccional in its medium and
maximum periods, if the detention has continued
more than three but not more than fifteen days;
<3days >15days
3. The penalty of prision mayor, if the detention has
continued for more than fifteen days but not more
than six months; and.
<15days >6mos
4. That of reclusion temporal, if the detention shall
have exceeded six months. <6mos
The commission of a crime, or violent insanity or any other
ailment requiring the compulsory confinement of the patient in
a hospital, shall be considered legal grounds for the detention
of any person.
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1. That the offender is a public officer or

 Ramos v. Enrile: Rebels later on retire.
employee (whose official duties include
According to the SC, once you have
the authority to make an arrest and
committed rebellion and have not been
detain persons; jurisdiction to maintain
punished or amnestied, then the rebels
peace and order).
continue to engage in rebellion, unless the
2. That he detains a person (actual restraint).
rebels renounce his affiliation. Arrest can be
3. That the detention was without legal
made without a warrant because this is a
grounds (cannot be committed if with
continuing crime.
warrant).
Art. 125. Delay in the delivery of detained
 Detention: when a person is placed in persons to the proper judicial authorities — The
confinement or there is a restraint on his penalties provided in the next preceding article shall
person. be imposed upon the public officer or employee who
shall detain any person for some legal ground and
 Though the elements specify that the shall fail to deliver such person to the proper judicial
offender be a public officer or employee, authorities within the period of; twelve (12) hours, for
private individuals who conspire with crimes or offenses punishable by light penalties, or
public officers can also be liable. their equivalent; eighteen (18) hours, for crimes or
offenses punishable by correctional penalties, or
 Legal grounds for the detention of any their equivalent and thirty-six (36) hours, for crimes,
person: or offenses punishable by afflictive or capital
a. commission of a crime penalties, or their equivalent.
b. violent insanity or other ailment
In every case, the person detained shall be informed
requiring compulsory confinement
of the cause of his detention and shall be allowed
of the patient in a hospital upon his request, to communicate and confer at any
 Without legal grounds: time with his attorney or counsel. (As amended by
a. he has not committed any crime or E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25,
no reasonable ground of suspicion 1987, respectively).
that he has committed a crime  Must be filed in court
b. not suffering from violent insanity or
any other ailment requiring  36 hrs- kasama na ang inquest proceedings
compulsory confinement in a hospital
 Know grounds for warrantless arrest:  Asked the arrested person to sign a waiver
a. Crime is about to be, is being, has para hind maging liable para hindi ma inquest
been committed
b. Officer must have reasonable  Within the reglimentary period
knowledge that the person probably
committed the crime
 For escaped prisoner – no need for warrant
 Rolito Go v. CA is an example of arbitrary
detention (Judge Pimentel)
Example: Y was killed by unknown assailant.
Officers got a tip and arrested X. X voluntarily
admitted to the officers that he did it although
he was not asked. X was detained
immediately. According to the SC, there was
NO arbitrary detention. Why? Because once
X made a confession, the officers had a right
to arrest him.
 Continuing crime is different from a
continuous crime
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
ELEMENTS:
or employee
2. That he has detained a person for
some legal grounds
3. That he fails to deliver such person to
the proper judicial authority within:
a) 12 hours, if detained for
crimes/offenses punishable by
light penalties, or their equivalent
b) 18 hours, for crimes/offenses
punishable by correctional
penalties, or their equivalent or
c) 36 hours, for crimes/offenses
punishable by capital punishment
or afflictive penalties, or their
equivalent
 Really means delay in filing necessary

information or charging of person
detained in court. May be waived if a
preliminary investigation is asked for.
 Does not contemplate actual physical
delivery but at least there must be a
complaint filed. Duty complied with upon
the filing of the complaint with the judicial
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authority (courts, prosecutors – though b) the performance of such judicial or

technically not a judicial authority, for executive order for the release of
purposes of this article, he’s considered as the prisoner, or
one.) c) the proceedings upon a petition for
 The filing of the information in court does the release of such person
not cure illegality of detention. Neither does
it affect the legality of the confinement under  Three acts are punishable:
process issued by the court. a) delaying the performance of a judicial or
 To escape from this, officers usually ask executive order for the release of a
accused to execute a waiver which should prisoner
be under oath and with assistance of b) delaying the service of notice of
counsel. Such waiver is not violative of the such order to said prisoner
accused constitutional right. c) delaying the proceedings upon any
 What is length of waiver? Light offense – 5 petition for the liberation of such person
days. Serious and less serious offenses – 7  Wardens and jailers are the persons most
to 10 days. (Judge Pimentel) likely to violate this provision
 Article does not apply when arrest is via a  Provision does not include legislation
warrant of arrest
 If offender is a private person, crime is Art. 127. Expulsion — The penalty of prision
illegal detention correccional shall be imposed upon any public officer
Arbitrary Detention (124) Delay in Delivery of or employee who, not being thereunto authorized by
Detained (125) law, shall expel any person from the Philippine
Detention is illegal from the Detention is legal in the Islands or shall compel such person to change his
beginning. beginning, but illegality residence.
starts from the expiration of ELEMENTS:
the specified periods 1. That the offender is a public officer or
without the persons
detained having been employee
delivered to the proper 2. That he expels any person from the
judicial authority. Philippines, or compels a person to
change his residence
Art. 126. Delaying release — The penalties 3. That the offender is not authorized to do so
provided for in Article 124 shall be imposed upon any by law
public officer or employee who delays for the period
of time specified therein the performance of any
judicial or executive order for the release of a
2 ACTS PUNISHABLE:
prisoner or detention prisoner, or unduly delays the a) by expelling a person from the Philippines
service of the notice of such order to said prisoner or b) by compelling a person to change his
the proceedings upon any petition for the liberation of residence
such person.
ELEMENTS: (The crime of expulsion absorbs that of grave
1. That the offender is a public officer or coercion. If done by a private person, will
employee amount to grave coercion)
2. That there is a judicial or executive order i.e.,Villavicencio v. Lukban: prostitutes’ case
for the release of a prisoner or
detention prisoner, or that there is a  Does not include undesirable aliens;
proceeding upon a petition for the
destierro; or when sent to prison
liberation of such person
 If X (Filipino) after he voluntarily left, is
3. That the offender without good
refused re-entry – is considered forcing him
reason delays:
to change his address here
a) the service of the notice of such
order to the prisoner, or  Threat to national security is not a ground
to expel or change his address.
Section 2 – Violation of domicile

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cannot lawfully enter the dwelling against

Art. 128. Violation of domicile — The penalty of
prision correccional in its minimum period shall be
imposed upon any public officer or employee who,
not being authorized by judicial order, shall enter any
dwelling against the will of the owner thereof, search
papers or other effects found therein without the
previous consent of such owner, or having
surreptitiously entered said dwelling, and being
required to leave the premises, shall refuse to do so.
If the offense be committed in the night-time, or if any

papers or effects not constituting evidence of a crime
be not returned immediately after the search made by
the offender, the penalty shall be prision correccional
in its medium and maximum periods.
ELEMENTS:
employee
2. That he is not authorized by judicial order
to enter the dwelling and/or to make a
search therein for papers or other effects
3. That he commits any of the following acts:
a)entering any dwelling against the will
of
the owner thereof
b) searching papers or other effects
found therein without the previous
consent of such owner
c) refusing to leave the premises, after
having surreptitiously entered
said dwelling and after having
been required to leave the same
 Aggravating Circumstance (medium and

maximum of penalty imposed):
a. offense committed at nighttime
b. papers or effects not constituting
evidence of a crime be not
returned immediately
 If the offender who enters the dwelling
against the will of the owner thereof is a
private individual, the crime committed is
trespass to dwelling (Art 280)
 When a public officer searched a person
―outside his dwelling‖ without a search
warrant and such person is not legally
arrested for an offense, the crime committed
by the public officer is grave coercion, if
violence or intimidation is used (Art 286), or
unjust vexation, if there is no violence or
intimidation (Art 287)
 A public officer without a search warrant
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the will of the owner, even if he knew that
someone in that dwelling is having unlawful
possession of opium
 3 acts punishable:
a. person enters dwelling w/o consent
or against the will
b. person enters and searches for
papers and effects
c. person entered secretly and refuses
to leave after being asked to
 ―Being authorized by law‖ – means
with search warrant, save himself or do
some things good for humanity
 There must be expression that entry
is denied or that he is asked to leave
 Papers and effects need not be part of
a crime.
ELEMENTS of search warrants maliciously Art. 129. Search warrants maliciously obtained
obtained: and abuse in the service of those legally
1. That the offender is a public officer obtained
or employee — In addition to the liability attaching to the offender
for the commission of any other offense, the penalty
2. That he procures a search warrant of arresto mayor in its maximum period to prision
3. That there is no just cause correccional in its minimum period and a fine not
exceeding P1,000 pesos shall be imposed upon any
ELEMENTS of abuse in the service of those public officer or employee who shall procure a search
legally obtained: warrant without just cause, or, having legally
procured the same, shall exceed his authority or use
or employee
2. That he has legally procured a
search warrant
3. That he exceeds his authority or uses
unnecessary severity in executing
the same
 Search warrant is valid for 10 days from

its date
 Search warrant is an order in writing
issued in the name of the People, signed
by the judge and directed to a public
officer, commanding him to search for
personal
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property described therein and bring it questioned only in 2 courts: where issued or
before the court where the case is pending. Latter is
 No just cause – warrant is unjustified preferred for objective determination.
 Search – limited to what is described in the
warrant, all details must be with
particularity
 Malicious warrant. Example. X was a
respondent of a search warrant for illegal
possession of firearms. A return was made.
The gun did not belong to X and the witness
had no personal knowledge that there is a
gun in that place.
 Abuse examples:
X owner was handcuffed while search
was going-on.
Tank was used to ram gate prior to
announcement that a search will be
made
Persons who were not respondents were
searched
Art. 130. Searching domicile without witnesses —

The penalty of arresto mayor in its medium and
maximum periods shall be imposed upon a public
officer or employee who, in cases where a search is
proper, shall search the domicile, papers or other
belongings of any person, in the absence of the latter,
any member of his family, or in their default, without
the presence of two witnesses residing in the same
locality.
ELEMENTS:
employee
2. That he is armed with a search warrant
legally procured
3. That he searches the domicile, papers or
other belongings of any person
4. That the owner, or any member of his
family, or two witnesses residing in the
same locality are not present
 Order of those who must witness the

search:
a. Homeowner
b. Members of the family of sufficient
age and discretion
c. Responsible members of the
community (can’t be influenced by
the searching party)
2 witnesses of sufficient age in
discretion living in the same locality
 Validity of the search warrant can be
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Section 3 - Prohibition, interruption and

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

1. Offender is a public officer or employee of peaceful meetings — The penalty of prision
correccional in its minimum period shall be imposed
2. He performs any of the ff. acts:
upon any public officer or employee who, without
a)prohibiting or interrupting, without legal ground, shall prohibit or interrupt the holding of
legal ground the holding of a peaceful a peaceful meeting, or shall dissolve the same.
meeting, or dissolving the same (e.g.
denial of permit in arbitrary manner). The same penalty shall be imposed upon a public
officer or employee who shall hinder any person from
joining any lawful association or from attending any of
b) hindering any person from joining its meetings.
any lawful association or from
attending any of its meetings The same penalty shall be imposed upon any public
officer or employee who shall prohibit or hinder any
person from addressing, either alone or together with
c) prohibiting or hindering any person others, any petition to the authorities for the
from addressing, either alone or together correction of abuses or redress of grievances.
with others, any petition to the
authorities for the correction of abuses
or redress of grievances
 If the offender is a private individual,

the crime is disturbance of public
order (Art 153)
 Meeting must be peaceful and there is
no legal ground for prohibiting,
dissolving or interrupting that meeting
 Meeting is subject to regulation
 Offender must be a stranger, not
a participant, in the peaceful
meeting; otherwise, it’s unjust
vexation
 Interrupting and dissolving a meeting of
the municipal council by a public officer is
a crime against the legislative body, not
punishable under this article
 The person talking on a prohibited
subject at a public meeting contrary to
agreement
14
that no speaker should touch on politics

 When priest is solemnizing marriage, he is a
may be stopped
person in authority, although in other cases,
 But stopping the speaker who was he’s not.
attacking certain churches in public meeting
is a violation of this article Art. 133. Offending the religious feelings — The
 Prohibition must be without lawful cause or penalty of arresto mayor in its maximum period to
without lawful authority prision correccional in its minimum period shall be
 Those holding peaceful meetings must imposed upon anyone who, in a place devoted to
religious worship or during the celebration of any
comply with local ordinances. Example: religious ceremony shall perform acts notoriously
Ordinance requires permits for meetings in offensive to the feelings of the faithful.
public places. But if police stops a meeting ELEMENTS:
in a private place because there’s no 1. That the acts complained of were
permit, officer is liable for stopping the performed –
meeting. a) in a place devoted to religious feelings,
or (for this element, no need of
Section 4 – Crimes against religious worship religious ceremony, only the place is
material)
Art. 132. Interruption of religious worship — The
b) during the celebration of any religious
penalty of prision correccional in its minimum period
shall be imposed upon any public officer or employee ceremony
who shall prevent or disturb the ceremonies or 2. That the acts must be notoriously
manifestations of any religion offensive to the feelings of the faithful
(deliberate intent to hurt the feelings)
If the crime shall have been committed with violence
or threats, the penalty shall be prision correccional 3. The offender is any person
in its medium and maximum periods. 4. There is a deliberate intent to hurt the
ELEMENTS: feelings of the faithful, directed against
1. That the officer is a public officer or religious tenet
employee
2. That religious ceremonies or  If in a place devoted to religious purpose,
manifestations of any religion are about there is no need for an ongoing religious
to take place or are going on ceremony
3. That the offender prevents or disturbs the  Example of religious ceremony (acts
same performed outside the church). Processions
and special prayers for burying dead
 Circumstance qualifying the offense: persons but NOT prayer rallies
if committed with violence or threats  Acts must be directed against religious
 Reading of Bible and then attacking certain practice or dogma or ritual for the purpose
churches in a public plaza is not a of ridicule, as mocking or scoffing or
ceremony or manifestation of religion, but attempting to damage an object of
only a meeting of a religious sect. But if religious veneration
done in a private home, it’s a religious  There must be deliberate intent to hurt the
service feelings of the faithful, mere arrogance or
 Religious Worship: people in the act of rudeness is not enough.
performing religious rites for a religious Crime Nature of Who are If element
ceremony; a manifestation of religion. Ex. crime liable missing
Prohibition, Crime against Public If not by
Mass, baptism, marriage Interruption the officers, public officer
 X, a private person, boxed a priest while the and fundamental Outsiders = tumults
priest was giving homily and while the latter Dissolution law of the
was maligning a relative of X. Is X liable? X of Peaceful state
Meeting
may be liable under Art 133 because X is a (131)
private person. Interruption Crime against Public If by insider =
15
of Religious the officers, unjust read: granting of pardon of pemberton

Worship fundamental Outsiders vexation Jennifer laude
(132) law of the If not
state religious = PERSONS LIABLE FOR REBELLION
tumult or A. Any person who:
alarms
If not 1. promotes
notoriously 2. maintains, or
offensive = 3. heads a rebellion or insurrection; or
unjust
vexation B. Any person who, while holding any public
Offending Crime against Public If not tumults office or employment, takes part therein
the Religious public order officers, = alarms and by:
Feeling (133) private scandal 1. engaging in war against the forces
persons, If meeting
illegal at
of the government
outsiders
onset = 2. destroying property or committing
inciting to serious violence
sedition or 3. exacting contributions or diverting
rebellion public funds from the lawful purpose
for which they have been appropriated
TITLE THREE (Note: ―diverting public funds‖ is
CRIMES AGAINST PUBLIC ORDER malversation absorbed in rebellion);
C. Any person merely participating or
CHAPTER 1: REBELLION, SEDITION AND executing the command of others in
DISLOYALTY
rebellion
Art. 134. Rebellion or insurrection; How
committed — The crime of rebellion or insurrection  Success is immaterial, purpose is always
is committed by rising publicly and taking arms political
against the Government for the purpose of removing
 Rebellion used where the object of the
from the allegiance to said Government or its laws,
the territory of the Philippine Islands or any part movement is completely to overthrow and
thereof, of any body of land, naval or other armed supersede the existing government
forces, depriving the Chief Executive or the  Insurrection refers to a movement which
Legislature, wholly or partially, of any of their powers
seeks merely to effect some change of
or prerogatives. (As amended by R.A. 6968).
minor importance to prevent the exercise of
ELEMENTS:
1. That there be – gov’t authority w/ respect to particular
matters or subjects
a)public uprising and
b)taking arms against the government  Actual clash of arms w/ the forces of the
(force/violence) gov’t, not necessary to convict the accused
2. That the purpose of the uprising or who is in conspiracy w/ others actually
movement is either taking arms against the gov’t
a) to remove from the allegiance to  Purpose of the uprising must be shown but
said government or its laws – it is not necessary that it be accomplished
the territory of the Philippines or  A change of government w/o external
any part thereof, or participation
any body of land, naval or other  RISING PUBLICLY and TAKING ARMS
armed forces, or AGAINST GOVERNMENT – actual
b) to deprive the chief participation. If there is no public uprising,
executive(president) or congress, the crime is of direct assault.
wholly or partially, of any of their  Mere giving of aid or comfort is not criminal
powers or prerogatives in the case of rebellion. Merely
sympathizing is not participation, there must
e.g of prerogative- granting of pardon be ACTUAL participation
16
 Not necessary that there is killing,
mere threat of removing Phil is
sufficient
 Rebellion cannot be complexed with any
other crime. However, illegal possession
of firearms in furtherance of rebellion is
distinct
17
from the crime of rebellion. Furthermore, it holding any public office or

is a continuing crime such along with the employment; with or without civilian
crime of conspiracy or proposal to commit support or participation
such 8. With or without civilian support or
 A private crime may be committed during participation
rebellion. Examples: killing, possessions of 9. Purpose of seizing or diminishing state
firearms, illegal association are absorbed. power
Rape, even if not in furtherance of
rebellion cannot be complexed  Crime may be committed by a single
 If killing, robbing were done for private person, any government employee and
purposes or for profit, without any political even by civilian
motivation, the crime would be separately  Taking up of arms not even necessary, what
be punished and would not be embraced by is important is violence, threat, intimidation,
rebellion (People v. Fernando) strategy or stealth
 Read People v. Hernandez and Enrile v. Treason Rebellion Coup Sedition
Salazar (114) (134) d’etat (139)
 Person deemed leader of rebellion in case (134-A)
he is unknown: Nature Crime Crime Crime Crime
of Crime against against against against
 Any person who in fact: National Public Public Public Order
a)directed the others Security Order Order
b) spoke for them Overt levying Public See article. Rising
c) signed receipts and other acts war uprising publicly or
against AND tumultuously
documents issued in their name the gov’t; Taking up (caused by
d) performed similar acts on behalf of OR arms more than 3
the rebels adherence against armed men
and giving the gov’t or provided
aid or with means
Article 134-A. Coup d'etat; How committed — The
comfort to of violence)
crime of coup d'etat is a swift attack accompanied by
violence, intimidation, threat, strategy or stealth, enemies
directed against duly constituted authorities of the Purpose Deliver the See Seizing or See
Republic of the Philippines, or any military camp or of gov’t to article. diminishing enumeration
installation, communications network, public utilities or objective enemy state in article.
other facilities needed for the exercise and continued during war power.
possession of power, singly or simultaneously carried
out anywhere in the Philippines by any person or Art. 135. Penalty for rebellion, insurrection or
persons, belonging to the military or police or holding coup’d’etat – Any person who promotes, maintains,
any public office of employment with or without civilian or heads rebellion or insurrection shall suffer the
support or participation for the purpose of seizing or penalty of reclusion perpetua.
diminishing state power. (As amended by R.A. 6968).
ELEMENTS: Any person merely participating or executing the
1. Swift attack commands of others in a rebellion shall suffer the
penalty of reclusion temporal.
2. Accompanied by violence, intimidation,
threat, strategy or stealth Any persons who leads or in any manner directs or
3. Directed against: commands others to undertake a coup’d’etat shall
4. duly constituted authorities suffer the penalty of reclusion perpetua.
5. any military camp or installation
Any person in the government service who
6. communication networks or public utilities participates, or executes directions or commands of
 other facilities needed for the exercise others in undertaking a coup’d’etat shall suffer the
and continued possession of power penalty of prision mayor in its maximum period.
7. Singly or simultaneously carried
Any person not in the government service who
out anywhere in the Philippines participates, in any manner supports, finances, abets
- Committed by any person or persons or aids in undertaking a coup’d’etat shall suffer the
belonging to the military or police or penalty of reclusion temporal in its maximum period.
18
When the rebellion, insurrection, or coup’d’etat shall

be under the command of unknown leaders, any
person who in fact directed the others, spoke for
them, signed receipts and other documents issued in
their name, as performed similar acts, on behalf or
the rebels shall be deemed a leader of such a
rebellion, insurrection, or coup’d’etat. (As amended
by RA 6968, approved on October 24, 1990).
WHO ARE LIABLE? would not be absorbed in the rebellion.
1. Any person who:
a)Promotes
b)Maintains
c) heads a rebellion or insurrection
d) engaging in war against the forces
of the gov’t
e) destroying property or
committing serious violence
f) exacting contributions or diverting
public funds from the lawful purpose
for which they have been
appropriated
2. Any person who, while holding any public
office or employment, takes part therein
3. Any person merely participating or
executing the command of other in
a rebellion.
In Government Service Not in Government
Service
Anyone who leads, directs, Anyone who participates or
commands others to in an manner, supports,
undertake a coup. finances, abets, aids in a
coup.
 Serious violence is that inflicted upon
civilians, which may result in homicide. It is
not limited to hostilities against the armed
force.
 Diverting public funds is
malversation absorbed in rebellion
1. Public officer must take active part
because mere silence or omission not
punishable in rebellion
2. It is not a defense in rebellion that the
accused never took the oath of allegiance
to, or that they never recognized the
government
3. Rebellion cannot be complexed with
murder and other common crimes
committed in pursuance of the movement
to overthrow the government
4. Killing, robbing etc for private persons or
for profit, without any political motivation,
would be separately punished and
19
coup d'etat, rebellion or insurrection — The
conspiracy and proposal to commit coup d'etat shall
be punished by prision mayor in minimum period and
a fine which shall not exceed eight thousand pesos
CRIMINAL LAW BOOK 2 REVIEWER (P8,000.00).
ATENEO CENTRAL BAR OPERATIONS 2001 The conspiracy and proposal to commit rebellion or
insurrection shall be punished respectively, by prision
correccional in its maximum period and a fine which
shall not exceed five thousand pesos (P5,000.00) and
by prision correccional in its medium period and a fine
not exceeding two thousand pesos (P2,000.00). (As
ELEMENTS of conspiracy to commit:
1. 2 more persons come to an agreement
to rise publicly and take arms against
the government
2. For any of the purposes of rebellion
3. They decide to commit it
ELEMENTS of proposal to commit:

1. A person who has decided to rise
publicly and take arms the government
2. For any of the purposes of rebellion
3. Proposes its execution to some
other person/s
 Organizing a group of soldiers,

soliciting membership in, and soliciting
funds for the organization show
conspiracy to overthrow the gov’t
 The mere fact of giving and rendering
speeches favoring Communism would
not make the accused guilty of
conspiracy if there’s no evidence that
the hearers then and there agreed to
rise up in arms against the gov’t
 Conspiracy must be immediately prior
to rebellion
 If it is during the rebellion, then it
is already taking part in it.
ELEMENTS: Art. 137. Disloyalty of public officers or

1. Failing to resist rebellion by all the employees — The penalty of prision correccional in
its minimum period shall be imposed upon public
means in their power
officers or employees who have failed to resist a
rebellion by all the means in their power, or shall
continue to discharge the duties of their offices under
the control of the rebels or shall accept appointment
to office under them. (Reinstated by E.O. No. 187).
20
2. Continuing to discharge the duties of and tumultuously in order to attain by force,

their offices under the control of rebels intimidation, or by other means outside of legal
methods, any of the following objects:
3. Accepting appointment to office under 1. To prevent the promulgation or execution
rebels of any law or the holding of any popular
election;
 Presupposes existence of rebellion 2. To prevent the National Government, or
any provincial or municipal government or
 Must not be in conspiracy with rebels or any public officer thereof from freely
coup plotters exercising its or his functions, or prevent
 If there are means to prevent the rebellion the execution of any administrative order;
but did not resist it, then there’s disloyalty. 3. To inflict any act of hate or revenge upon
the person or property of any public officer
If there are no means, no fault or employee;
 If position is accepted in order to protect 4. To commit, for any political or social end,
the people, not covered by this any act of hate or revenge against
 The collaborator must not have tried to private persons or any social class; and
5. To despoil, for any political or social end,
impose the wishes of the rebels of the any person, municipality or province, or the
people. National Government (or the Government of
the United States), of all its property or any
Art. 138. Inciting a rebellion or insurrection — The part thereof.
penalty of prision mayor in its minimum period shall
be imposed upon any person who, without taking
arms or being in open hostility against the
Government, shall incite others to the execution of 4 or more persons
any of the acts specified in article 134 of this Code,
by means of speeches, proclamations, writings, ELEMENTS:
emblems, banners or other representations tending to 1. That the offenders rise –
the same end. (Reinstated by E.O. No. 187).
1) Publicly (if no public uprising = tumult
ELEMENTS:
and other disturbance of public order)
1. That the offender does not take arms or is
2) Tumultuously (disturbance and
not in open hostility against the
uproar: a tumultuous celebration.
government
raising a great clatter and commotion;
2. That he incites others to the execution
of any of the acts of rebellion disorderly or noisy )
3. That the inciting is done by means of (vis-à-vis rebellion where there must
speeches, proclamations, writings, be a taking of arms)
emblems, banners or other 3) to prevent the promulgation or
representations tending to the same end execution of any law or the holding
of any popular election
 Intentionally calculated to seduce others 4) to prevent the national government, or
to rebellion any provincial or municipal
 There must be uprising to take up arms and government, or any public thereof
rise publicly for the purposes indicated in from freely exercising its or his
Art 134 functions, or prevent the execution of
Proposal to Commit Inciting to Rebellion (138)
any administrative order
Rebellion (136) 5) to inflict any act or hate or revenge
The person who proposes Not required that the upon the person or property of any
has decided to commit offender has decided to public officer or employee
rebellion. commit rebellion. 6) to commit for any political or social
The person who proposes The inciting is done end, any act of hate or revenge
the execution of the crime publicly.
uses secret means. against private persons or any social
class (hence, even private persons
Art. 139. Sedition; How committed — The crime of may be offended parties)
sedition is committed by persons who rise publicly
7) to despoil, for any political or social
end, any person, municipality or
21
province, or the national
government of all its property or
any part thereof
2. That they employ force, intimidation,
or other means outside of legal
methods
3. That the offenders employ any of
those means to attain any of the
following objects:
Direct assault- sedition

Direct assault- no public uprising purpose is any
of the purpose of sedition—to commit rebellion
22
 Sedition: raising of commotion or any person who, without taking any direct part in the
disturbances in the State. Its ultimate object crime of sedition, should incite others to the
is a violation of the public peace or at least accomplishment of any of the acts which constitute
such measures that evidently engenders it. sedition, by means of speeches, proclamations,
writings, emblems, cartoons, banners, or other
 Difference from rebellion – object or representations tending to the same end, or upon any
purpose of the surprising. For sedition – person or persons who shall utter seditious words or
sufficient that uprising is tumultuous. In speeches, write, publish, or circulate scurrilous libels
rebellion – there must be taking up of arms against the Government (of the United States or the
Government of the Commonwealth) of the
against the government. Philippines, or any of the duly constituted authorities
 Sedition – purpose may be either political or thereof, or which tend to disturb or obstruct any lawful
social. In rebellion – always political officer in executing the functions of his office, or
 Tumultuous – caused by more than 3 which tend to instigate others to cabal and meet
together for unlawful purposes, or which suggest or
persons who are armed or provided with incite rebellious conspiracies or riots, or which lead or
means of violence tend to stir up the people against the lawful
 Preventing public officers from freely authorities or to disturb the peace of the community,
exercising their functions the safety and order of the Government, or who shall
knowingly conceal such evil practices. (Reinstated by
 In sedition – offender may be a private or E.O. No. 187).
public person (Ex. Soldier) ELEMENTS:
 Public uprising and the object of 1. That the offender does not take a
sedition must concur direct part in the crime of sedition
 Q: Are common crimes absorbed in 2. That he incites others to the
sedition? In P v. Umali, SC held that NO. accomplishment of any of the acts which
Crimes committed in that case were constitute sedition (134)
independent of each other. 3. That the inciting is done by means of
 Preventing election through legal means – speeches, proclamations, writing, emblems,
NOT sedition cartoons, banners, or other representations
 But when sugar farmers demonstrated and tending to the same end (purpose: cause
destroyed the properties of sugar barons – commotion not exactly against the
sedition government; actual disturbance not
 Persons liable for sedition: necessary)
a) leader of the sedition, and
b) other persons participating in the  Different acts of inciting to sedition:
sedition 1. Inciting others to the accomplishment of
any of the acts which constitute sedition
Art. 140. Penalty for sedition — The leader of a by means of speeches, proclamations,
sedition shall suffer the penalty of prision mayor in its writings, emblems etc.
minimum period and a fine not exceeding 10,000 2. Uttering seditious words or speeches
pesos.
which tend to disturb the public peace or
Other persons participating therein shall suffer the writing, publishing, or circulating
penalty of prision correccional in its maximum period scurrilous [vulgar, mean, libelous] libels
and a fine not exceeding 5,000 pesos. (Reinstated by against the government or any of the duly
E.O. No. 187).
constituted authorities thereof, which tend
Art. 141. Conspiracy to commit sedition — to disturb the public peace
Persons conspiring to commit the crime of sedition 3. Knowingly concealing such evil practices
shall be punished by prision correccional in its
medium period and a fine not exceeding 2,000
pesos. (Reinstated by E.O. No. 187).
Art. 142. Inciting to sedition — The penalty of  WHEN PUNISHABLE:

prision correccional in its maximum period and a fine
not exceeding 2,000 pesos shall be imposed upon
23
1. when they tend to disturb or obstruct any any provincial board or city or municipal council or
lawful officer in executing the functions of board, or in the presence of any such bodies should
his office; or behave in such manner as to interrupt its
2. when they tend to instigate others to proceedings or to impair the respect due it.
(Reinstated by E.O. No. 187).
cabal and meet together for unlawful
ELEMENTS:
purposes
1. That there be a meeting of Congress or
3. when they suggest or incite
any of its committees, constitutional
rebellious conspiracies or riots; or
commissions or committees or divisions
4. when they lead or tend to stir up the
thereof, or of any provincial board or city
people against the lawful authorities or
or municipal council or board
to disturb the peace of the community,
2. That the offender does any of the
the safety and order of the government
following acts:
a) he disturbs any of such meetings
CHAPTER 2: CRIMES AGAINST POPULAR
REPRESENTATION
b) he behaves while in the presence of
any such bodies in such a manner as
Section 1 – Crimes against legislative bodies ad to interrupt its proceedings or to
similar bodies impair the respect due it
Art. 143. Act tending to prevent the meeting of
the Assembly and similar bodies — The penalty of  Complaint must be filed by member of the
prision correccional or a fine ranging from 200 to Legislative body. Accused may also be
2,000 pesos, or both, shall be imposed upon any punished for contempt.
person who, by force or fraud, prevents the meeting
of the National Assembly (Congress of the
Section 2 – Violation of parliamentary immunity
Philippines) or of any of its committees or
subcommittees, constitutional commissions or
committees or divisions thereof, or of any provincial Art. 145. Violation of parliamentary immunity —
board or city or municipal council or board. The penalty of prision mayor shall be imposed upon
(Reinstated by E.O. No. 187). any person who shall use force, intimidation, threats,
or fraud to prevent any member of the National
ELEMENTS: Assembly (Congress of the Philippines) from
1. That there be a projected or actual attending the meetings of the Assembly (Congress)
meeting of Congress or any of its or of any of its committees or subcommittees,
committees or subcommittees, constitutional commissions or committees or divisions
thereof, from expressing his opinions or casting his
constitutional commissions or committees
vote; and the penalty of prision correccional shall be
or division thereof, or of any provincial imposed upon any public officer or employee who
board or city or municipal council or shall, while the Assembly (Congress) is in regular or
board special session, arrest or search any member
2. That the offender who may be any thereof, except in case such member has committed
a crime punishable under this Code by a penalty
persons prevents such meeting by force higher than prision mayor.
or fraud ACTS PUNISHABLE:
1. By using force, intimidation, threats, or
 Chief of Police and mayor who prevented frauds to prevent any member of
the meeting of the municipal council are Congress from –
liable under Art 143, when the defect of a) attending the meeting of the assembly
the meeting is not manifest and requires or any of its committees, constitutional
an investigation before its existence can commissions or committees or
be determined. divisions thereof, or from
b) expressing his opinions or
Art. 144. Disturbance of proceedings — The c) casting his vote
penalty of arresto mayor or a fine from 200 to 1,000
pesos shall be imposed upon any person who 2. By arresting or searching any member
disturbs the meetings of the National Assembly thereof while Congress is in a regular or
(Congress of the Philippines) or of any of its special session, except in case such
committees or subcommittees, constitutional member has committed a crime
commissions or committees or divisions thereof, or
24
punishable under the code by a penalty 2) purpose : to commit any of crimes

higher than prision mayor punishable under the code
3) meeting attended by armed persons
ELEMENTS: b. Meeting of the second form
1. That the offender is a public officer or 1) Meeting, gathering or group of
employee persons whether in a fixed place or
2. That he arrests or searches any member moving
of Congress 2) Audience whether armed or not, is
3. That Congress, at the time of arrest or incited to the commission of the crime
search, is in a regular or special session of treason, rebellion or insurrection,
4. That the member searched has not sedition or direct assault.
committed a crime punishable under the
code by a penalty higher than prision  Not all the persons present at the meeting
mayor (1987 constitution: privilege from of the first form of illegal assembly must
arrest while congress in session in all be armed
offenses punishable by not more than 6
 Persons liable for illegal assembly:
years imprisonment). a. the organizers or leaders of the
meeting
 Article partly inoperative because of the b. persons merely present at the
1987 Constitution meeting (except when presence is out
of curiosity – not liable)
CHAPTER 3: ILLEGAL ASSEMBLIES AND
ASSOCIATIONS
 Responsibility of persons merely present at
the meeting:
a. if they are not armed, penalty is
Art. 146. Illegal assemblies — The penalty of
prision correccional in its maximum period to prision arresto mayor
mayor in its medium period shall be imposed upon b. if they carry arms, like bolos or knives,
the organizers or leaders of any meeting attended by or licensed firearms, penalty is prision
armed persons for the purpose of committing any of correccional
the crimes punishable under this Code, or of any
meeting in which the audience is incited to the  Presumptions if person present at the
commission of the crime of treason, rebellion or meeting carries an unlicensed firearm:
insurrection, sedition or assault upon a person in a. purpose of the meeting is to commit
authority or his agents. Persons merely present at acts punishable under the RPC
such meeting shall suffer the penalty of arresto
mayor, unless they are armed, in which case the
b. considered as leader or organizer of
penalty shall be prision correccional. the meeting
If any person present at the meeting carries an Art. 147. Illegal associations — The penalty of
unlicensed firearm, it shall be presumed that the prision correccional in its minimum and medium
purpose of said meeting, insofar as he is concerned, periods and a fine not exceeding 1,000 pesos shall
is to commit acts punishable under this Code, and he be imposed upon the founders, directors, and
shall be considered a leader or organizer of the presidents of associations totally or partially
meeting within the purview of the preceding organized for the purpose of committing any of the
paragraph. crimes punishable under this Code or for some
purpose contrary to public morals. Mere members of
As used in this article, the word "meeting" shall be said associations shall suffer the penalty of arresto
understood to include a gathering or group, whether mayor. (Reinstated by E.O. No. 187).
in a fixed place or moving. (Reinstated by E.O. No. ELEMENTS:
187). 1. Organized totally or partially for the
2 TYPES OF ILLEGAL ASSEMBLIES: purpose of committing any of the crimes
a. Meeting of the first form in RPC
1) meeting, gathering or group of 2. Or for some purpose contrary to public
persons whether in a fixed place or morals
moving
25
PERSONS LIABLE: intimidation, or (d) makes a serious

1. founders, directors and president of resistance.
the association 2. That the person assaulted is a person
2. mere members of the association in authority or his agent.
Illegal Assembly (146) Illegal Association (147)
3. That at the time of the assault the person
Must be an actual meeting No need for such
of armed persons to commit in authority or his agent (a) is engaged
any of the crimes in the actual performance of official
punishable under the RPC, duties (motive is not essential), or that
or of individuals who, he is assaulted (b) by reason of the past
although not armed, are
incited to the commission of
performance of official duties (motive is
treason, rebellion, sedition essential).
or assault upon a person in 4. That the offender knows that the one he is
authority of his agent. assaulting is a person in authority or his
It is the meeting and the Act of forming or agent in the exercise of his duties (with
attendance at such that are organizing and
punished membership in the
intention to offend, injure or assault).
association 5. That there is no public uprising.
Persons liable: leaders and Founders, directors,
those present president and members  Always complexed with the material
consequence of the act (e.g. direct assault
CHAPTER 4: ASSAULT UPON, AND RESISTANCE with murder) except if resulting in a light
AND DISOBIDIENCE TO, PERSONS IN AUTHORITY felony, in which case, the consequence is
AND THEIR AGENTS
absorbed
Art. 148. Direct assaults — Any person or persons  Hitting the policeman on the chest with fist
who, without a public uprising, shall employ force or is not direct assault because if done against
intimidation for the attainment of any of the purpose an agent of a person in authority, the force
enumerated in defining the crimes of rebellion and
employed must be of serious character
sedition, or shall attack, employ force, or seriously
intimidate or resist any person in authority or any of  The force employed need not be serious
his agents, while engaged in the performance of when the offended party is a person in
official duties, or on occasion of such performance, authority (ex. Laying of hands)
shall suffer the penalty of prision correccional in its
 The intimidation or resistance must be
medium and maximum periods and a fine not
exceeding P1,000 pesos, when the assault is serious whether the offended party is an
committed with a weapon or when the offender is a agent only or a person in authority (ex.
public officer or employee, or when the offender lays Pointing a gun)
hands upon a person in authority. If none of these
circumstances be present, the penalty of prision
Force Intimidation/resistance
correccional in its minimum period and a fine not employed
exceeding P500 pesos shall be imposed.
Person in Need not be Serious
ELEMENTS of the 1st form: Authority serious
1. That the offender employs force or Agent Must be of Serious
intimidation. serious
2. That the aim of the offender is to attain character
any of the purposes of the crime of  Person in authority: any person directly
rebellion or any of the objects of the vested with jurisdiction (power or authority
crimes of sedition. (victim need not be to govern and execute the laws) whether as
person in authority) an individual or as a member of some court
3. That there is no public uprising. or governmental corporation, board or
commission
 Person in Authority" is any person directly
ELEMENTS of the 2nd form: vested with jurisdiction, whether as an
1. That the offender (a) makes an attack, (b) individual or as a member of some court or
employs force, (c) makes a serious government corporation, board, or
26
commission, including barangay captains.
 direct provision of law or by election or by

appointment by competent authority is
charged with the maintenance of public
order and the protection and security of
life and property
 A barangay captain is a person in
authority, so is a Division Superintendent
of schools, President of Sanitary Division
and a teacher
27
 Agent in persons of authority: is one who, 2. That a person comes to the aid of
by direct provision of law or by election or such authority or his agent at the time
by appointment by competent authority, is of the attack
charged with the maintenance of public 3. That the offender makes use of force or
order and the protection and security of life intimidation upon such person coming to
and property. (Example. Barrio councilman the aid of the authority or his agent.
and any person who comes to the aid of the
person in authority, policeman, municipal  Indirect assault can be committed only
treasurer, postmaster, sheriff, agents of the when a direct assault is also committed
BIR, Malacañang confidential agent)
 To be indirect assault, the person who
 Even when the person in authority or the should be aided is the agent (not the
agent agrees to fight, still direct assault. person in authority because it is already
 When the person in authority or the agent direct assault, the person coming to the aid
provoked/attacked first, innocent party is of the person in authority being considered
entitled to defend himself and cannot be as an agent and an attack on the latter is
held liable for assault or resistance nor already direct assault). Example. Aiding a
for physical injuries, because he acts in policeman under attack.
legitimate self-defense There should be direct assault
 There can be no assault upon or Victim- persons in authority
disobedience to one authority by another In actual performance of duty
when they both contend that they were in Aware that he is a person in authority
the exercise of their respective duties. e.g promulgation of judgement
 When assault is made by reason of the
performance of his duty there is no need for Art. 150. Disobedience to summons issued by the
actual performance of his official duty when National Assembly, its committees or
attacked subcommittees, by the Constitutional
Commissions, its committees, subcommittees or
 Circumstances qualifying the offense divisions — The penalty of arresto mayor or a fine
(Qualified Assault): ranging from two hundred to one thousand pesos, or
a. when the assault is committed with a both such fine and imprisonment shall be imposed
weapon upon any person who, having been duly summoned
to attend as a witness before the National Assembly,
b. when the offender is a public officer or (Congress), its special or standing committees and
employee subcommittees, the Constitutional Commissions and
c. when the offender lays hand upon a its committees, subcommittees, or divisions, or
person in authority before any commission or committee chairman or
 Complex crime of direct assault with member authorized to summon witnesses, refuses,
without legal excuse, to obey such summons, or
homicide or murder, or with serious physical being present before any such legislative or
injuries. constitutional body or official, refuses to be sworn or
 Direct assault cannot be committed during placed under affirmation or to answer any legal
rebellion. 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. The same
Art. 149. Indirect assaults — The penalty of prision penalty shall be imposed upon any person who shall
correccional in its minimum and medium periods and restrain another from attending as a witness, or who
a fine not exceeding P500 pesos shall be imposed shall induce disobedience to a summon or refusal to
upon any person who shall make use of force or be sworn by any such body or official.
intimidation upon any person coming to the aid of the
authorities or their agents on occasion of the
ACTS PUNISHABLE:
commission of any of the crimes defined in the next 1. refusing without legal excuse to
preceding article. obey summons
ELEMENTS: 2. refusing to be sworn or placed under
1. That a person in authority or his agent is affirmation
the victim of any of the forms of direct 3. refusing to answer any legal inquiry
assault defined in ART. 148. to produce books, records etc.
28
4. restraining another from attending
as witness in such body
5. inducing disobedience to a summons
or refusal to be sworn
Art. 151. Resistance and disobedience to a person
29
in authority or the agents of such person — The and other articles of this Code, any person directly
penalty of arresto mayor and a fine not exceeding vested with jurisdiction, whether as an individual or as
500 pesos shall be imposed upon any person who a member of some court or governmental
not being included in the provisions of the preceding corporation, board, or commission, shall be deemed a
articles shall resist or seriously disobey any person in person in authority. A barrio captain and a barangay
authority, or the agents of such person, while chairman shall also be deemed a person in authority.
engaged in the performance of official duties.
A person who, by direct provision of law or by election
When the disobedience to an agent of a person in or by appointment by competent authority, is charged
authority is not of a serious nature, the penalty of with the maintenance of public order and the
arresto menor or a fine ranging from 10 to P100 protection and security of life and property, such as a
pesos shall be imposed upon the offender.c barrio councilman, barrio policeman and barangay
ELEMENTS PAR. 1: leader and any person who comes to the aid of
persons in authority, shall be deemed an agent of a
1. That a person in authority or his agent is
person in authority.
engaged in the performance of
official duty or gives a lawful order to In applying the provisions of Articles 148 and 151 of
the offender. this Code, teachers, professors and persons charged
2. That the offender resists or seriously with the supervision of public or duly recognized
private schools, colleges and universities, and
disobeys such person in authority or his lawyers in the actual performance of their
agent. professional duties or on the occasion of such
3. That the act of the offender is not performance, shall be deemed persons in authority.
included in the provisions of arts. 148, (As amended by PD No. 299, Sept. 19, 1973 and
Batas Pambansa Blg.
149 and 150.
ELEMENTS PAR. 2:  Persons in Authority – any person directly

1. That an agent of a person in authority is vested with jurisdiction, whether as an
engaged in the performance of official individual or as a member of some court or
duty gives a lawful order to the offender. governmental corporation, board or
2. That the offender disobeys such agent commission.
of a person in authority. 1) Barangay captain
3. That such disobedience is not of a 2) Barangay chairman
serious nature. 3) Teachers
Direct Assault (148) Resistant and 4) Professors
Disobedience to a Person 5) Persons charged with the supervision
in Authority or Agents of of public or duly recognized private
such Person (151)
schools, colleges and universities
PIA or his agent must be PIA or his agent must be in
engaged in the the actual performance of his 6) Lawyers in the actual performance of
performance of official duties. their professional duties or on the
duties or that he is occasion of such performance
assaulted
Direct assault is Committed by resisting or
 Agent of Person in Authority – any person
committed in 4 ways – by seriously disobeying a PIA or
attacking, employing his agent. who, by direct provision of law or by election
force, and seriously or by appointment by competent authority,
resisting a PIA or his is charged with the maintenance of public
agent. order and the protection and security of life
Use of force against an Use of force against an and property.
agent of PIA must be agent of a PIA is not so
serious and deliberate. serious; no manifest intention 1) Barrio councilman
to defy the law and the 2) Barrio policeman
officers enforcing it. 3) Barangay leader
4) Any person who comes to the aid
Art. 152. Persons in authority and agents of of persons in authority
persons in authority; Who shall be deemed as
such — In applying the provisions of the preceding
30
 Section 388 of the Local Gov’t Code 2. Interrupting or disturbing public

provides that ―for purposes of the RPC, the performances, functions, gatherings or
punong barangay, sangguniang barangay peaceful meetings, if the act is not
members and members of the lupong included in Art 131 and 132 (Public
tagapamayapa in each barangay shall be Officers interrupting peaceful meetings or
deemed as persons in authority in their religious worship).
jurisdictions, while other barangay officials 3. Making any outcry tending to incite
and members who may be designated by rebellion or sedition in any meeting,
law or ordinance and charged with the association or public place
maintenance of public order, protection and 4. Displaying placards or emblems which
the security of life, property, or the provoke a disturbance of public order
maintenance of a desirable and balanced in such place
environment, and any barangay member 5. Burying with pomp the body of a person
who comes to the aid of persons in authority who has been legally executed.
shall be deemed AGENT of persons in
authority.  If the act of disturbing or interrupting a
meeting or religious ceremony is NOT
CHAPTER 5: PUBLIC DISORDERS committed by public officers, or if committed
Art. 153. Tumults and other disturbance of public
by public officers they are not participants
orders; Tumultuous disturbance or interruption therein, this article applies. Art 131 and 132
liable to cause disturbance — The penalty of punishes the same acts if committed by
arresto mayor in its medium period to prision public officers who are NOT participants in
correccional in its minimum period and a fine not
the meeting
exceeding 1,000 pesos shall be imposed upon any
person who shall cause any serious disturbance in a  The outcry is merely a public disorder if it is
public place, office, or establishment, or shall an unconscious outburst which, although
interrupt or disturb public performances, functions or rebellious or seditious in nature, is not
gatherings, or peaceful meetings, if the act is not intentionally calculated to induce others to
included in the provisions of Articles 131 and 132.
commit rebellion or sedition, otherwise, its
The penalty next higher in degree shall be imposed inciting to rebellion or sedition.
upon persons causing any disturbance or interruption  Tumultuous – if caused by more than 3
of a tumultuous character. persons who are armed or provided with
The disturbance or interruption shall be deemed to be means of violence (circumstance qualifying
tumultuous if caused by more than three persons the disturbance/interruption) –
who are armed or provided with means of violence. ―tumultuous in character‖
The penalty of arresto mayor shall be imposed upon Art. 154. Unlawful use of means of publication
any person who in any meeting, association, or public and unlawful utterances — The penalty of arresto
place, shall make any outcry tending to incite mayor and a fine ranging from P200 to P1,000 pesos
rebellion or sedition or in such place shall display shall be imposed upon:
placards or emblems which provoke a disturbance of
the public order. 1. Any person who by means of printing,
lithography, or any other means of
The penalty of arresto menor and a fine not to publication shall publish or cause to be
exceed P200 pesos shall be imposed upon these published as news any false news which
persons who in violation of the provisions contained may endanger the public order, or cause
in the last clause of Article 85, shall bury with pomp damage to the interest or credit of the
the body of a person who has been legally executed. State;
2. Any person who by the same means, or by
words, utterances or speeches shall
encourage disobedience to the law or to
TYPES: the constituted authorities or praise, justify,
1. Causing any serious disturbance in a or extol any act punished by law;
public place, office or establishment 3. Any person who shall maliciously publish
or cause to be published any official
31 resolution or document without proper
before they have been published officially; or offensive to another or prejudicial to

4. Any person who shall print, publish, or public tranquility
distribute or cause to be printed, published,
or distributed books, pamphlets, periodicals, 3. Disturbing the public peace while
or leaflets which do not bear the real wandering about at night or while
printer's name, or which are classified as engaged in any other nocturnal
TYPES: amusement
1. Publishing or causing to be published, by 4. Causing any disturbance or scandal in
means of printing, lithography or any public places while intoxicated or
other means of publication as news any otherwise, provided the act is not covered
false news which may endanger the by Art 153 (tumult).
public order, or cause damage to the
interest or credit of the State.  Charivari – mock serenade or discordant
2. Encouraging disobedience to the law or noises made with kettles, tin horns etc,
to the constituted authorities or by designed to deride, insult or annoy
praising, justifying or extolling any act  Firearm must not be pointed at a person,
punished by law, by the same means or otherwise, it is illegal discharge
by words, utterances or speeches  What governs is the result, not the intent
3. Maliciously publishing or causing to be CRIME Nature of Crime Who are
published any official resolution or Liable
document without proper authority, or Tumults and other Crime against Private
before they have been published Disturbances (153) Public Order persons,
outsider
officially Alarms and Crime against Private
4. Printing, publishing or distributing or Scandals (155) Public Order persons,
(causing the same) books, pamphlets, outsider
periodicals or leaflets which do not bear
the real printer’s name or which are
classified as anonymous. Art. 156. Delivery of prisoners from jails — The
penalty of arresto mayor in its maximum period of
Art. 155. Alarms and scandals — The penalty of prision correccional in its minimum period shall be
arresto menor or a fine not exceeding P200 imposed upon any person who shall remove from any
pesos shall be imposed upon: jail or penal establishment any person confined
1. Any person who within any town or public therein or shall help the escape of such person, by
place, shall discharge any firearm, rocket, means of violence, intimidation, or bribery. If other
firecracker, or other explosives calculated means are used, the penalty of arresto mayor shall
to cause alarm or danger; be imposed.
2. Any person who shall instigate or take an
active part in any charivari or other If the escape of the prisoner shall take place outside
disorderly meeting offensive to another or of said establishments by taking the guards by
prejudicial to public tranquility; surprise, the same penalties shall be imposed in their
3. Any person who, while wandering about at minimum period.
night or while engaged in any other ELEMENTS:
nocturnal amusements, shall disturb the 1. That there is a person confined in a jail or
public peace; or penal establishment.
4. Any person who, while intoxicated or
otherwise, shall cause any disturbance or 2. That the offender removes therefor such
scandal in public places, provided that the person, or helps the escape of such
circumstances of the case shall not make person (if the escapee is serving final
the provisions of Article 153 applicable. judgement, he is guilty of evasion of
TYPES: sentence).
1. Discharging any firearm, rocket, 3. Offender is a private individual
firecracker, or other explosive within any
town or public place, calculated to cause  Prisoner may be detention prisoner or one
alarm or danger sentenced by virtue of a final judgment
2. Instigating or taking active part in any
charivari or other disorderly meeting
32
 A policeman assigned to the city jail as d. connivance with other convicts or

guard who while off-duty released a employees of the penal
prisoner is liable here institution
 It may be committed through negligence
 Circumstances qualifying the offense – is
committed by means of violence,
intimidation or bribery.
 Mitigating circumstance – if it takes place
outside the penal establishment by taking
the guards by surprise
CHAPTER 6: EVASION OF SERVICE OF

SENTENCE
Art. 157. Evasion of service of sentence — The

penalty of prision correccional in its medium and
maximum periods shall be imposed upon any convict
who shall evade service of his sentence by escaping
during the term of his imprisonment by reason of
final judgment. However, if such evasion or escape
shall have taken place by means of unlawful entry,
by breaking doors, windows, gates, walls, roofs, or deceit, violence or intimidation
floors, or by using picklocks, false keys, deceit,
violence or intimidation, or through connivance with
other convicts or employees of the penal institution,
the penalty shall be prision correccional in its
maximum period.
ELEMENTS:
1. That the offender is a convict by final
judgment.
2. That he is serving his sentence which
consists in deprivation of liberty
(destierro included)
3. That he evades the service of his
sentence by escaping during the term if
his sentence. (fact of return
immaterial).
 A continuing offense.
 Offenders – not minor delinquents nor
detention prisoners
 If escaped within the 15 day appeal period –
no evasion
 No applicable to deportation as
the sentence
 Flimsy excuse for violating destierro – not
acceptable
 Circumstances qualifying the offense (done
thru):
a. unlawful entry (by ―scaling‖)
b. breaking doors, windows, gates,
walls, roofs or floors
c. using picklocks, false keys, disguise,
33
passing away of such calamity.
Convicts who, under the circumstances mentioned in

the preceding paragraph, shall give themselves up to
CRIMINAL LAW BOOK 2 REVIEWER the authorities within the above mentioned period of
48 hours, shall be entitled to the deduction provided
ATENEO CENTRAL BAR OPERATIONS 2001 in Article 98.
ELEMENTS:
1. That the offender is a convict by
final judgement who is confined in a
penal institution.
2. That there is disorder, resulting from-
a. conflagration,
b. earthquake,
c. explosion, or
d. similar catastrophe, or
e. mutiny in which he has
not participated.
3. That the offender evades the service
of his sentence by leaving the penal
institution where he is confined, on
the occasion of such disorder or
during the mutiny.
4. That the offender fails to give himself up
to the authorities within 48 hours
following the insurance of a
proclamation by the chief executive
announcing the passing away of such
calamity.
 Penalty: an increase by 1/5 of the time

remaining to be served under the
original sentence, in no case to exceed
6 months.
 Offender must escape to be entitled
to allowance
 Mutiny – organized unlawful resistance to
a superior officer, a sedition, a revolt
 Disarming the guards is not mutiny
34
after reaching the said age, unless by reason of his

Art. 159. Other cases of evasion of service of conduct or other circumstances he shall not be
sentence — The penalty of prision correccional in its worthy of such clemency.
minimum period shall be imposed upon the convict ELEMENTS:
who, having been granted conditional pardon by the 1. That the offender was already convicted
Chief Executive, shall violate any of the conditions of by final judgement of one offense.
such pardon. However, if the penalty remitted by the
granting of such pardon be higher than six years, the 2. That he committed a new felony before
convict shall then suffer the unexpired portion of his beginning to serve such sentence or
original sentence. while serving the same.
ELEMENTS:
1. That the offender was a convict.  Quasi-recidivism : a person after having
2. That he was granted a conditional pardon been convicted by final judgement shall
by the chief executive. commit a new felony before beginning to
3. That he violated any of the conditions serve such sentence, or while serving the
of such pardon. same.
 Second crimes must belong to the RPC, not
 Condition extends to special laws – special laws. First crime may be either from
violation of illegal voting the RPC or special laws
 Offender must have been found guilty of  Reiteracion: offender shall have served out
the subsequent offense before he can be his sentence for the prior offense
prosecuted under this Article. But if under  A quasi-recidivist may be pardoned at age
Revised Admin Code, no conviction 70. Except: Unworthy or Habitual
necessary. President has power to arrest, Delinquent
reincarnate offender without trial.  If new felony is evasion of sentence –
VIOLATION OF PARDON ORDINARY EVASION
offender is not a quasi-recidivist
Infringement of To evade the penalty given
conditions/terms of by the courts – disturbs the  Penalty: maximum period of the penalty for
President public order the new felony should be imposed
(mitigating circumstance can only be
TWO PENALTIES PROVIDED: appreciated if the maximum is divisible)
1. prision correccional in its minimum period  Quasi-Recidivism may be offset by a special
– if the penalty remitted does not exceed privileged mitigating circumstance (ex.
6 years Minority)
2. the unexpired portion of his original
sentence – if the penalty remitted is
higher than 6 years TITLE FOUR
CRIMES AGAINST PUBLIC INTEREST
CHAPTER 7: COMMISSION OF ANOTHER CRIME
DURING SERVICE OF PENALTY IMPOSED FOR Section 1: Forging the seal of the Government of
ANOTHER PREVIOUS OFFENSE the Philippine Islands, the signature or stamp of the
Chief Executive
Art. 160. Commission of another crime during Art. 161. Counterfeiting the great seal of the
service of penalty imposed for another offense; Government of the Philippine Islands, forging the
Penalty — Besides the provisions of Rule 5 of Article signature or stamp of the Chief Executive — The
62, any person who shall commit a felony after having penalty of reclusion temporal shall be imposed upon
been convicted by final judgment, before beginning to any person who shall forge the Great Seal of the
serve such sentence, or while serving the same, shall Government of the Philippine Islands or the signature
be punished by the maximum period of the penalty or stamp of the Chief Executive.
prescribed by law for the new felony. TYPES:
1. Forging the great seal of the Government
Any convict of the class referred to in this article, who 2. Forging the signature of the President
is not a habitual criminal, shall be pardoned at the
age of seventy years if he shall have already served 3. Forging the stamp of the President
out his original sentence, or when he shall complete it
35
 When the signature of the President is

forged, it is not falsification but forging  Coin is counterfeit – if it is forged, or if it is
of signature under this article not an article of the government as legal
 Signature must be forged, others signed it – tender, regardless if it is of no value
not the President.  Counterfeiting – imitation of legal or genuine
coin (may contain more silver, different
Art. 162. Using forged signature or counterfeit
seal or stamp — The penalty of prision mayor shall
design) such as to deceive an ordinary
be imposed upon any person who shall knowingly person in believing it to be genuine
make use of the counterfeit seal or forged signature  Utter – to pass counterfeited coins, deliver
or stamp mentioned in the preceding article. or give away
ELEMENTS:  Import – to bring to port the same
1. That the great seal of the republic was  Both Philippine and foreign state coins
counterfeited or the signature or stamp of  Applies also to coins withdrawn from
the chief executive was forged by
circulation
another person.
 Essence of article: making of coins
2. That the offender knew of
without authority
the counterfeiting or forgery.
3. That he used the counterfeit seal or Art. 164. Mutilation of coins; Importation and
forged signature or stamp. utterance of mutilated coin. — The penalty of
prision correccional in its minimum period and a fine
 Offender is NOT the forger/not the cause of not to exceed P2,000 pesos shall be imposed upon
the counterfeiting any person who shall mutilate coins of the legal
currency of the United States or of the Philippine
Islands or import or utter mutilated current coins, or
Section 2 – Counterfeiting coins in connivance with mutilators or importers.
ELEMENTS:
Art. 163. Making and importing and uttering false This has been repealed by PD 247. Under
coins — Any person who makes, imports, or utters,
false coins, in connivance with counterfeiters, or this PD, the acts punishable are:
importers, shall suffer: 1. willful defacement
1. Prision mayor in its minimum and medium 2. mutilation
periods and a fine not to exceed P10,000 3. tearing
pesos, if the counterfeited coin be silver coin
of the Philippines or coin of the Central
4. burning
Bank of the Philippines of ten centavo 5. destruction of Central Bank notes and
denomination or above. coins
2. Prision correccional in its minimum and
medium periods and a fine of not to
 Mutilation – to take off part of the metal
exceed P2,000 pesos, if the counterfeited
coins be any of the minor coinage of the either by filling it or substituting it for
Philippines or of the Central Bank of the another metal of inferior quality, to
Philippines below ten-centavo diminish by inferior means (to diminish
denomination. metal contents).
3. Prision correccional in its minimum period
and a fine not to exceed P1,000 pesos, if  Foreign notes and coins not included.
the counterfeited coin be currency of a Must be legal tender.
foreign country. (As amended by R.A. No.  Must be intention to mutilate.
ELEMENTS:
1. That there be false or counterfeited coins Art. 165. Selling of false or mutilated coin,
(need not be legal tender). without connivance — The person who knowingly,
2. That the offender either made, imported although without the connivance mentioned in the
preceding articles, shall possess false or mutilated
or uttered such coins. coin with intent to utter the same, or shall actually
3. That in case of uttering such false or utter such coin, shall suffer a penalty lower by one
counterfeited coins, he connives degree than that prescribed in said articles.
with counterfeiters or importers. 2 TYPES:
36
1. Possession of coin, counterfeited or issued by a foreign government.

mutilated by another person, with intent to 4. By prision mayor in its minimum period and
utter the same, knowing that it is false or a fine not to exceed P2,000 pesos, when the
mutilated. forged or altered document is a circulating
note or bill issued by a foreign bank duly
ELEMENTS: authorized therefor.
a. possession
b. with intent to utter, and ACTS PUNISHABLE:
c. knowledge 1. Forging or falsity of treasury/bank notes
2. Actually uttering such false or or documents payable to bearer
mutilated coin, knowing the same to be 2. Importing of such notes
false or mutilated. 3. Uttering of such false or forged
ELEMENTS: obligations and notes in connivance
a. actually uttering, and with forgers and importers
b. knowledge.
 Forging – by giving a treasury or bank note
 Possession does not require legal tender in or document payable to bearer/order an
foreign coins appearance of a true and genuine
 Includes constructive possession document
 Read RA 427  Falsification – by erasing, substituting,
counterfeiting or altering by any means the
Section 3 – Forging treasury or bank notes, figures and letters, words, signs contained
obligations and securities; importing and uttering
false or forged notes, obligations and securities
therein
 E.g. falsifying – lotto or sweepstakes ticket.
Art. 166. Forging treasury or bank notes on other Attempted estafa through falsification of an
documents payable to bearer; importing, and obligation or security of the Phil
uttering such false or forged notes and  PNB checks not included here – it’s
documents — The forging or falsification of treasury
falsification of commercial document under
or bank notes or certificates or other obligations and
securities payable to bearer and the importation and Article 172
uttering in connivance with forgers or importers of  Obligation or security includes: bonds,
such false or forged obligations or notes, shall be certificate of indebtedness, bills, national
punished as follows: bank notes, coupons, treasury notes,
1. By reclusion temporal in its minimum period
and a fine not to exceed P10,000 pesos, if certificate of deposits, checks, drafts for
the document which has been falsified, money, sweepstakes money
counterfeited, or altered, is an obligations
or security of the United States or of the Art. 167. Counterfeiting, importing and uttering
Philippines Islands. instruments not payable to bearer — Any person
The word ―obligation or security of the United States who shall forge, import or utter, in connivance with
or of the Philippine Islands‖ shall be held to mean all the forgers or importers, any instrument payable to
bonds, certificates of indebtedness, national bank order or other document of credit not payable to
notes, fractional notes, certificates of deposit, bills, bearer, shall suffer the penalties of prision
checks, or drafts for money, drawn by or upon correccional in its medium and maximum periods and
authorized officers of the United States or of the a fine not exceeding P6,000 pesos.
Philippine Islands, and other representatives of value, ELEMENTS:
of whatever denomination, which have been or may 1. That there be an instrument payable
be issued under any act of the Congress of the
United States or of the Philippine Legislature. to order or other document of credit
2. By prision mayor in its maximum period and not payable to bearer.
a fine not to exceed P5,000 pesos, if the 2. That the offender either forged, imported
falsified or altered document is a circulating or uttered such instruments.
note issued by any banking association
duly authorized by law to issue the same.
3. That in case of uttering, he connived
3. By prision mayor in its medium period and with the forger or importer.
a fine not to exceed P5,000 pesos, if the
falsified or counterfeited document was Art. 168. Illegal possession and use of false
37
treasury or bank notes and other instruments of be imposed upon any person who, without proper
credit — Unless the act be one of those coming authority therefor alters any bill, resolution, or
under the provisions of any of the preceding articles, ordinance enacted or approved or pending approval
any person who shall knowingly use or have in his by either House of the Legislature or any provincial
possession, with intent to use any of the false or board or municipal council.
falsified instruments referred to in this section, shall ELEMENTS:
suffer the penalty next lower in degree than that 1. That these be a bill, resolution or
prescribed in said articles.
ELEMENTS: ordinance enacted or approved or
pending approval by the national
1. That any treasury or bank note or
assembly or any provincial board or
certificate or other obligation and
municipal council.
security payable to bearer, or any
2. That the offender (any person) alters the
instrument payable to order or other
same.
document of credit not payable to bearer
3. That he has no proper authority therefor.
is forged or falsified by another person.
4. That the alteration has changed the
2. That the offender knows that any of
meaning of the document.
those instruments is forged or falsified.
3. That he performs any of these acts –
a) using any of such forged or falsified  Accused must not be a public official
instrument, or entrusted with the custody or possession of
b) possessing with intent to use any such document otherwise Art 171 applies.
of such forged or falsified
instrument. Art. 171. Falsification by public officer, employee
or notary or ecclesiastic minister — The penalty of
 Act sought to be punished: Knowingly prision mayor and a fine not to exceed P5,000 pesos
possessing with intent to use any of such shall be imposed upon any public officer, employee,
or notary who, taking advantage of his official
forged treasury or bank notes position, shall falsify a document by committing any
of the following acts:
Art. 169. How forgery is committed — The forgery 1. Counterfeiting or imitating any
referred to in this section may be committed by any of handwriting, signature or rubric;
the following means: 2. Causing it to appear that persons have
1. By giving to a treasury or bank note or any participated in any act or proceeding
instrument, payable to bearer or order when they did not in fact so participate;
mentioned therein, the appearance of a 3. Attributing to persons who have
true genuine document. participated in an act or proceeding
2. By erasing, substituting, counterfeiting or statements other than those in fact made
altering by any means the figures, by them;
letters, words or signs contained therein. 4. Making untruthful statements in a
HOW FORGERY IS COMMITTED: narration of facts;
1. if all acts done but genuine appearance is 5. Altering true dates;
not given, the crime is frustrated 6. Making any alteration or intercalation in
a genuine document which changes its
2. by giving to a treasury or bank note or meaning;
any instrument payable to bearer or 7. Issuing in an authenticated form a
to order, the appearance of a true and document purporting to be a copy of an
genuine document original document when no such original
3. by erasing, substituting, counterfeiting, exists, or including in such a copy a
statement contrary to, or different from, that
altering by any means the figures, letters of the genuine original; or
or words, or signs contained therein. 8. Intercalating any instrument or note relative
to the issuance thereof in a protocol,
Section 4 – Falsification of legislative, public, registry, or official book.
commercial and private documents, and wireless, The same penalty shall be imposed upon any
telegraph, and telephone message ecclesiastical minister who shall commit any of the
offenses enumerated in the preceding paragraphs of
this article, with respect to any record or document of
Art. 170. Falsification of legislative documents —
such character that its falsification may affect the civil
The penalty of prision correccional in its maximum
period and a fine not exceeding P6,000 pesos shall
38
ELEMENTS: REQUISITES OF PAR. 5 & 6:

1. That the offender is a public officer, 1. That there be an alteration (change) or
employee, or notary public. intercalation (insertion) on a document
2. That he takes advantage of his official 2. That it was made on a genuine document
position. 3. That the alteration/intercalation has
3. That he falsifies a document by changed the meaning of the document
committing any of the following acts: 4. That the change made the document
speak something false.
REQUISITES OF PAR. 1: 5. Issuing in an authenticated form a
1. That there be an intent to imitate, or an document purporting to be a copy of an
attempt to imitate original document when no such original
2. That the two signatures or handwritings, exists, or including in such copy a
the genuine and the forged, bear some statement contrary to, or different from,
resemblance, to each other that of the genuine original; (if no
knowledge, falsification through
 (lack of similitude/imitation of a genuine negligence) or
signature will not be a ground for conviction 6. Intercalating any instrument or note
under par. 1 but such is not an impediment relative to the issuance thereof in a
to conviction under par. 2) protocol, registry, or official book.
(genuine document)
REQUISITES OF PAR. 2 & 3: 7. In case the offender is an ecclesiastical
1. That the offender caused it to appear in minister, the act of falsification is
a document that a person/s participated committed with respect to any record or
in an act or a proceeding; and document of such character that its
2. That such person/s did not in fact so falsification may affect the civil status of
participate in the act or proceeding persons.
REQUISITES OF PAR. 4:  There is no crime of attempted or
1. That the offender makes in a document frustrated falsification of public document
statements in a narration of facts  Persons liable – public officer, employee or
2. That he has a legal obligation to disclose notary public or ecclesiastical minister
the truth of the facts narrated by him;
 If offender does not take advantage of his
(required by law to be done) and
public position, he may still be liable for
3. That the facts narrated by the offender
falsification of documents by a private
are absolutely false; and
person
4. That the perversion or truth in the
 Document: any written statement by which a
narration of facts was made with the
right is established or an obligation is
wrongful intent of injuring a third
extinguished
person
 Not necessary that what is falsified is a
 There must be a narration of facts, not a genuine or real document, enough that it
gives an appearance of a genuine
conclusion of law. Must be on a material
matter article
 Counterfeiting – imitating any handwriting,
 Legal obligation means that there is a law
signature or rubric
requiring the disclosure of the truth of the
facts narrated. Ex. Residence certificates  Feigning – simulating a signature,
handwriting, or rubric out of one of
 The person making the narration of facts
which does not in fact exist
must be aware of the falsity of the facts
narrated by him. This kind of falsification
Art. 172. Falsification by private individual and
may be committed by omission use of falsified documents — The penalty of
prision correccional in its medium and maximum
39 periods and a fine of not more than P5,000 pesos
imposed upon: 1. That the offender committed any of the

1. Any private individual who shall commit any acts of falsification, except those in
of the falsifications enumerated in the next
preceding article in any public or official paragraph 7 and 8, enumerated in art.
document or letter of exchange or any 171.
other kind of commercial document; and 2. That the falsification was committed in
2. Any person who, to the damage of a any private document (must affect the
third party, or with the intent to cause
such damage, shall in any private
truth or integrity of the document)
document commit any of the acts of 3. That the falsification caused damage
falsification enumerated in the next (essential element; hence, no crime of
preceding article. estafa thus falsification of private
3. Any person who shall knowingly introduce in document) to a third party or at least the
evidence in any judicial proceeding or to the
damage of another or who, with the intent to falsification was committed with intent to
cause such damage, shall use any of the cause such damage.
false documents embraced in the next
preceding article, or in any of the foregoing  Not necessary that the offender profited or
subdivisions of this article, shall be
hoped to profit from the falsification
ELEMENTS PAR. 1:
 A document falsified as a necessary means
1. That the offender is a private individual or
to commit another crime must be public,
a public officer or employee who did not
official or commercial
take advantage of his official position.
2. That he committed any of the acts of  There is no complex crime of estafa through
falsification enumerated in ART. 171. falsification of a private document because
the immediate effect of the latter is the
 Under this paragraph, damage is not same as that of estafa
essential, it is presumed  If the estafa was already consummated at
 Defense: lack of malice or criminal intent the time of the falsification of a private
 The following writings are public: document was committed for the purpose
a) the written acts or records of cats of of concealing the estafa, the falsification is
the sovereign authority of official not punishable, because as regards the
bodies and tribunals, and of the public falsification of the private document there
officers, legislative, judicial and was no damage or intent to cause damage.
executive, whether of the Philippines  A private document may acquire the
or of a foreign country. character of a public document when it
b) Public records kept in the Philippines. becomes part of an official record and is
 Examples of commercial documents – certified by a public officer duly authorized
warehouse receipts, airway bills, bank by law
checks, cash files, deposit slips and bank  The crime is falsification of public
statements, journals, books, ledgers, documents even if falsification took place
drafts, letters of credit and other negotiable before the private document becomes part
instruments of the public records.
 Cash disbursement vouchers or receipts
evidencing payments are not commercial ELEMENTS PAR. 3:
documents 1. Introducing in a judicial proceeding:
 A mere blank form of an official document is 1) That the offender knew that a
not in itself a document document was falsified by another
person.
 The possessor of falsified document is
2) That the false document is embraced
presumed to be the author of the
in art. 171 or in any subdivisions nos.
falsification
1 and 2 of art. 172.
3) That he introduced said document in
ELEMENTS PAR. 2 :
evidence in any judicial proceeding.
40
(intent to cause damage not receiving wireless, cable or telephone

necessary) message.
4) that the offender knew that a 2) That the accused commits any of the
document was falsified by another following acts:
person. a. uttering fictitious wireless, cable,
5) That the false document is embraced telegraph, or telephone message, or
in art. 171 or in any of subdivisions b. falsifying wireless, cable, telegraph, or
nos. 1 and 2 of art. 172. telephone message
6) That he used such documents (not in 2. Using such falsified message
judicial proceedings). Requisites:
7) That the use of the documents caused 1) That the accused knew that wireless,
damage to another or at least was cable, telegraph, or telephone message
used with intent to cause such was falsified by any of the person
damage. specified in the first paragraph of art. 173.
2. Use in any other transaction 2) That the accused used such falsified
 The user of the falsified document is dispatch.
deemed the author of falsification, if: 3) That the use of the falsified dispatch
a) the use is so closely connected in resulted in the prejudice of a third party,
time with the falsification or that the use thereof was with intent to
b) the user had the capacity of falsifying cause such prejudice.
the document
 The public officer, to be liable must be
Falsification of Private Falsification of
Documents Public/Official Documents engaged in the service of sending or
Prejudice to third party is Prejudice to third persons is receiving wireless, cable and telegraph or
an element of the immaterial, what is punished telephone message
offense. is the violation of public faith
and perversion of truth which Section 5 – Falsification of medical certificates,
the document proclaims. certificates of merit or services and the like
Art. 173. Falsification of wireless, cable, telegraph Art. 174. False medical certificates, false
and telephone messages, and use of said falsified certificates of merits or service, etc. — The
messages — The penalty of prision correccional in penalties of arresto mayor in its maximum period to
its medium and maximum periods shall be imposed prision correccional in its minimum period and a fine
upon officer or employee of the Government or of any not to exceed P1,000 pesos shall be imposed upon:
private corporation or concern engaged in the service 1. Any physician or surgeon who, in
of sending or receiving wireless, cable or telephone connection, with the practice of his
message who utters a fictitious wireless, telegraph or profession, shall issue a false certificate;
telephone message of any system or falsifies the and
same. 2. Any public officer who shall issue a false
certificate of merit of service, good
Any person who shall use such falsified dispatch to conduct or similar circumstances.
the prejudice of a third party or with the intent of The penalty of arresto mayor shall be
cause such prejudice, shall suffer the penalty next imposed upon any private person who shall
lower in degree. falsify a certificate falling within the classes
ACTS PUNISHABLE:
1. Uttering fictitious or falsifying wireless, PERSONS LIABLE:
telegraph or telephone message 1. Physician or surgeon who, in connection
Requisites: with the practice of his profession, issued
1) That the offender is an officer or a false certificate (note: such certificate
employee of the government or an must refer to the illness or injury of a
officer or employee of a private person)
corporation, engaged in the service of 2. Public officer who issued a false
sending or certificate of merit of service, good
conduct or similar circumstances
41
3. Private individual who falsified a Section 1 – Usurpation of authority, rank, title, and
certificate under (1) and (2) improper use of names, uniforms and insignia
Art. 177. Usurpation of authority or official
Art. 175. Using false certificates — The penalty of functions — Any person who shall knowingly and
arresto menor shall be imposed upon any one who falsely represent himself to be an officer, agent or
shall knowingly use any of the false certificates representative of any department or agency of the
mentioned in the next preceding article. Philippine Government or of any foreign government,
ELEMENTS: or who, under pretense of official position, shall
1. That a physician or surgeon has issued a perform any act pertaining to any person in authority
false medical certificate, or a public or public officer of the Philippine Government or any
officer has issued a false certificate of foreign government, or any agency thereof, without
being lawfully entitled to do so, shall suffer the
merit or service, good conduct, or similar penalty of prision correccional in its minimum and
circumstances, or a private person had medium periods.
falsified any of said certificates. 2 WAYS OF COMMITTING THE CRIME:
2. That the offender knew that the certificate 1. By knowingly and falsely representing
was false. oneself to be an officer, agent or
3. That he used the same. representative of any department or
agency of the Philippine gov’t or any
Section 6 – Manufacturing, importing and foreign gov’t.
possession of instruments or implements intended
for the commission of falsification 2. By performing an act pertaining to any
person in authority or public officer of the
Art. 176. Manufacturing and possession of Phil gov’t or foreign gov’t under the
instruments or implements for falsification — pretense of such official position, and
The penalty of prision correccional in its medium and without being lawfully entitled to do so.
maximum periods and a fine not to exceed P10,000
pesos shall be imposed upon any person who shall
make or introduce into the Philippine Islands any  In usurpation of authority: The mere act of
stamps, dies, marks, or other instruments or knowingly and falsely representing oneself
implements intended to be used in the commission is sufficient. Not necessary that he performs
of the offenses of counterfeiting or falsification an act pertaining to a public officer.
mentioned in the preceding sections of this Chapter.
 In usurpation of official functions: It is
Any person who, with the intention of using them, essential that the offender should have
shall have in his possession any of the instruments performed an act pertaining to a person in
or implements mentioned in the preceding authority
paragraphs, shall suffer the penalty next lower in
degree than that provided therein.  A public officer may also be an offender
ACTS PUNISHABLE:  The act performed without being lawfully
1. Making or introducing into the Philippines entitled to do so must pertain:
any stamps, dies or marks or other a. to the gov’t
instruments or implements for b. to any person in authority
counterfeiting or falsification c. to any public office
2. Possessing with intent to use the
instruments or implements for Art. 178. Using fictitious name and concealing
true name — The penalty of arresto mayor and a
counterfeiting or falsification made in or fine not to exceed 500 pesos shall be imposed upon
introduced into the Philippines by any person who shall publicly use a fictitious name
another person for the purpose of concealing a crime, evading the
execution of a judgment or causing damage.
 The implement confiscated need not form
a complete set Any person who conceals his true name and other
personal circumstances shall be punished by arresto
 Constructive possession is also punished menor or a fine not to exceed 200 pesos.
ELEMENTS (using fictitious name) :
CHAPTER 2: OTHER FALSIFICATIONS
42
1. That the offender uses a name other reclusion temporal or reclusion perpetua;
than his real name. 3. The penalty of prision correccional, if the
2. That he uses that fictitious name publicly. defendant shall have been sentenced to
3. That the purpose of the offender is – any other afflictive penalty; and
4. The penalty of arresto mayor, if the
a. To conceal a crime, defendant shall have been sentenced to a
b. To evade the execution of a judgment, correctional penalty or a fine, or shall
or have been acquitted.
c. To cause damage to public interest. In cases provided in subdivisions 3 and 4 of this
(ex. Signing fictitious name for a passport) article the offender shall further suffer a fine not to
exceed 1,000 pesos.
ELEMENTS (concealing true name): ELEMENTS:

1. That there be a criminal proceeding.
1. That the offender conceals –
2. That the offender testifies falsely under
2. His true name, and
oath against the defendant therein.
3. All other personal circumstances.
3. That the offender who gives false
a. That the purpose is only to conceal
testimony knows that it is false.
his identity.
4. That the defendant against whom the
Use of Fictitious Name Concealing True
(178) Name (178) false testimony is given is either acquitted
Element of publicity must Publicity not necessary or convinced in a final judgment
be present (prescriptive period starts at this point)
Purpose is to conceal a Purpose is to conceal
crime, to evade the identity  Requires criminal intent, can’t be committed
execution of a judgement, through negligence. Need not impute guilt
or to cause damage upon the accused
 The defendant must at least be
Art. 179. Illegal use of uniforms or insignia — The sentenced to a correctional penalty or a
penalty of arresto mayor shall be imposed upon any fine or must have been acquitted
person who shall publicly and improperly make use of
 The witness who gave false testimony is
insignia, uniforms or dress pertaining to an office not
held by such person or to a class of persons of which liable even if the court did not consider
he is not a member. his testimony
ELEMENTS:  Penalty is dependent upon
1. That the offender makes use of insignia, sentence imposed on the defendant
uniform or dress.
2. That the insignia, uniform or dress Art. 181. False testimony favorable to the
pertains to an office not held by the defendants — Any person who shall give false
testimony in favor of the defendant in a criminal
offender or to a class of persons of case, shall suffer the penalties of arresto mayor in its
which he is not a member. maximum period to prision correccional in its
3. That said insignia, uniform or dress is minimum period a fine not to exceed 1,000 pesos, if
used publicly and improperly. the prosecution is for a felony punishable by an
afflictive penalty, and the penalty of arresto mayor in
any other case.
 an exact imitation of the dress or uniform
is unnecessary
 False testimony by negative statement is
Section 2 – False testimony
in favor of the defendant
 False testimony need not in fact benefit the
Art. 180. False testimony against a defendant — defendant
Any person who shall give false testimony against the  A statement of a mere opinion is not
defendant in any criminal case shall suffer: punishable
1. The penalty of reclusion temporal, if
the defendant in said case shall have  Conviction or acquittal is not necessary
been sentenced to death; (final judgement is not necessary). The
2. The penalty of prision mayor, if the false testimony need not influence the
defendant shall have been sentenced acquittal
43
 A defendant who voluntarily goes up on 1. That an accused made a statement under

the witness stand and falsely imputes the oath or made an affidavit upon a material
offense to another person the commission matter.
of the offense is liable under this article. If 2. That the statement or affidavit was made
he merely denies the commission of the before a competent officer, authorized to
offense, he is not liable. receive and administer oath.
 Basis of penalty: gravity of the felony 3. That in that statement or affidavit, the
charged against the defendant accused made a willful and deliberate
assertion of a falsehood, and
Art. 182. False testimony in civil cases — Any 4. That the sworn statement or affidavit
person found guilty of false testimony in a civil case
shall suffer the penalty of prision correccional in its containing the falsity is required by law.
minimum period and a fine not to exceed 6,000
pesos, if the amount in controversy shall exceed 2 WAYS OF COMMITTING PERJURY:
5,000 pesos, and the penalty of arresto mayor in its 1. by falsely testifying under oath
maximum period to prision correccional in its
minimum period and a fine not to exceed 1,000
2. by making a false statement
pesos, if the amount in controversy shall not exceed
said amount or cannot be estimated.  Subornation of perjury: procures another to
ELEMENTS: swear falsely. Solemn affirmation: refers to
1. That the testimony must be given in a civil non-judicial proceedings and affidavits
case.  A false affidavit to a criminal complaint may
2. That the testimony must relate to the give rise to perjury
issues presented in said case.  A matter is material when it is directed
3. That the testimony must be false. to prove a fact in issue
4. That the false testimony must be given by  A ―competent person authorized to
the defendant knowing the same to be administer an oath‖ means a person
false. who has a right to inquire into the
5. That the testimony must be malicious and questions presented to him upon
given with an intent to affect the issues matters under his jurisdiction
presented in the said case  There is no perjury through negligence or
imprudence since the assertion of falsehood
 Not applicable when testimony given in a must be willful and deliberate
special proceeding (in this case, the crime is  Even if there is no law requiring the
perjury) statement to be made under oath, as long
 Basis of penalty: amount involved in the as it is made for a legal purpose, it is
civil case sufficient
 Perjury is an offense which covers false
Art. 183. False testimony in other cases and
perjury in solemn affirmation — The penalty of
oaths other than those taken in the course
arresto mayor in its maximum period to prision of judicial proceedings
correccional in its minimum period shall be imposed  False testimony before the justice of the
upon any person, who knowingly makes untruthful peace during the P.I. may give rise to the
statements and not being included in the provisions of
crime of perjury because false testimony in
the next preceding articles, shall testify under oath, or
make an affidavit, upon any material matter before a judicial proceedings contemplates an actual
competent person authorized to administer an oath in trial where a judgment of conviction or
cases in which the law so requires. acquittal is rendered
 A person who knowingly and willfully
Any person who, in case of a solemn affirmation procures another to swear falsely commits
made in lieu of an oath, shall commit any of the
falsehoods mentioned in this and the three preceding
subornation of perjury and the witness
articles of this section, shall suffer the respective suborned does testify under circumstances
penalties provided therein. rendering him guilty of perjury.
ELEMENTS:
44
 The false testimony is not in a judicial ELEMENTS of attempting to cause bidders to

proceeding stay away:
1. That there be a public auction.
Art. 184. Offering false testimony in evidence — 2. That the accused attempted to cause
Any person who shall knowingly offer in evidence a
false witness or testimony in any judicial or official
the bidders to stay away from that public
proceeding shall be punished as guilty of false auction
testimony and shall suffer the respective penalties 3. That it was done by threats, gifts,
provided in this section. promises, or any other artifice.
ELEMENTS: 4. That the accused had the intent to cause
1. That the offender offered in evidence the reduction of the price of the thing
a false witness or false testimony. auctioned.
2. That he knew the witness or the
Art. 186. Monopolies and combinations in
testimony was false. restraint of trade — The penalty of prision
3. That the offer was made in a judicial or correccional in its minimum period or a fine ranging
official proceeding. from 200 to 6,000 pesos, or both, shall be imposed
upon:
 Article applies when the offender without 1. Any person who shall enter into any contract or
agreement or shall take part in any conspiracy
inducing another, but knowing him to be a or combination in the form of a trust or
false witness, presented him and the otherwise, in restraint of trade or commerce or to
latter testified falsely in a judicial or official prevent by artificial means free competition in
proceeding the market;
2. Any person who shall monopolize any
 The false witness need not be convicted of merchandise or object of trade or commerce, or
false testimony. The mere offer is sufficient. shall combine with any other person or persons
to monopolize and merchandise or object in
CHAPTER 3: FRAUD order to alter the price thereof by spreading false
rumors or making use of any other article to
Section 1 – Machinations, monopolies and restrain free competition in the market;
combinations 3. Any person who, being a manufacturer,
producer, or processor of any merchandise or
Art. 185. Machinations in public auctions — Any object of commerce or an importer of any
person who shall solicit any gift or promise as a merchandise or object of commerce from any
consideration for refraining from taking part in any foreign country, either as principal or agent,
public auction, and any person who shall attempt to wholesaler or retailer, shall combine, conspire or
cause bidders to stay away from an auction by agree in any manner with any person likewise
threats, gifts, promises, or any other artifice, with engaged in the manufacture, production,
intent to cause the reduction of the price of the thing processing, assembling or importation of such
auctioned, shall suffer the penalty of prision merchandise or object of commerce or with any
correccional in its minimum period and a fine ranging other persons not so similarly engaged for the
from 10 to 50 per centum of the value of the thing purpose of making transactions prejudicial to
auctioned. lawful commerce, or of increasing the market
price in any part of the Philippines, of any such
ELEMENTS of machinations in public merchandise or object of commerce
auction: manufactured, produced, processed, assembled
1. That there be a public auction. in or imported into the Philippines, or of any
2. That the accused solicited any gift or a article in the manufacture of which such
promise from any of the bidders. manufactured, produced, or imported
merchandise or object of commerce is used.
3. That such gifts or promise was the
consideration for his refraining from If the offense mentioned in this article affects any
taking part in that public auction. food substance, motor fuel or lubricants, or other
4. That the accused had the intent to cause articles of prime necessity, the penalty shall be that of
prision mayor in its maximum and medium periods it
the reduction of the price of the thing being sufficient for the imposition thereof that the
auctioned. initial steps have been taken toward carrying out the
purposes of the combination.
45
and being the subject thereof, shall be forfeited to the 1. to make transactions prejudicial to lawful
Government of the Philippines. commerce
Whenever any of the offenses described above is 2. to increase the market price of any
committed by a corporation or association, the merchandise or object of commerce
president and each one of its agents or manufactured, produced,
representatives in the Philippines in case of a foreign processed, assembled or imported
corporation or association, who shall have knowingly
permitted or failed to prevent the commission of such
into the Phil
offense, shall be held liable as principals thereof.
ACTS PUNISHED: ALSO LIABLE AS PRINCIPALS:
1. Combination to prevent free competition 1. corporation/association
in the market 2. agent/representative
2. By entering into a contract or agreement 3. director/manager – who willingly
or taking part in any conspiracy or permitted or failed to prevent commission
combination in the form of a trust or of above offense
otherwise, in restraint of trade or
commerce or prevent by artificial means AGGRAVATED IF ITEMS ARE:
free competition in the market (It is 1. food substance
enough that initial steps are taken. It is 2. motor fuel or lubricants
not necessary that there be actual 3. goods of prime necessity
restraint of trade)
Section 2 – Frauds in commerce and industry
3. Monopoly to restrain free competition
in the market
Art. 187. Importation and disposition of falsely
- By monopolizing any merchandise or marked articles or merchandise made of gold,
object of trade or commerce, by silver, or other precious metals or their alloy —
combining with any person or persons The penalty of prision correccional or a fine ranging
to monopolize said merchandise or from 200 to 1,000 pesos, or both, shall be imposed
on any person who shall knowingly import or sell or
object in order to alter the prices dispose of any article or merchandise made of gold,
thereof by spreading false rumors or silver, or other precious metals, or their alloys, with
making use of any other artifice to stamps, brands, or marks which fail to indicate the
restrain free competition in the market actual fineness or quality of said metals or alloys.
4. Manufacturer, producer or processor or
Any stamp, brand, label, or mark shall be deemed to
importer combining, conspiring or fail to indicate the actual fineness of the article on
agreeing with any person to make which it is engraved, printed, stamped, labeled or
transactions prejudicial to lawful attached, when the rest of the article shows that the
commerce or to increase the market price quality or fineness thereof is less by more than one-
half karat, if made of gold, and less by more than
of the merchandise. four one-thousandth, if made of silver, than what is
shown by said stamp, brand, label or mark. But in
PERSON/S LIABLE: case of watch cases and flatware made of gold, the
1. manufacturer actual fineness of such gold shall not be less by
2. producer more than three one-thousandth than the fineness
3. processor indicated by said stamp, brand, label, or mark.
4. importer ELEMENTS:
1. That the offender imports, sells or
CRIME IS COMMITTED BY: disposes of any of those articles or
1. combining merchandise.
2. conspiring 2. That the stamps, brands, or marks or
3. agreeing with another person those articles or merchandise fails to
indicate the actual fineness or quality of
THE PURPOSE IS: said metals or alloys.
3. That the offender knows that the said
stamp, brand, or mark fails to indicate the
46
actual fineness or quality of the metals or 3. By using or substituting the service mark
alloys. of some other person, or a colorable
imitation of such marks, in the sale or
Art. 188. Subsisting and altering trade-mark, advertising of services
trade-names, or service marks — The penalty
of prision correccional in its minimum period or a
4. By printing, lithographing or reproducing
fine ranging from 50 to 2,000 pesos, or both, shall t/n, t/m or service mark of one person, or
be imposed upon: a colorable limitation thereof, to enable
1. Any person who shall substitute the trade another person to fraudulently use the
name or trade-mark of some other same, knowing the fraudulent purpose for
manufacturer or dealer or a colorable imitation
thereof, for the trademark of the real which it is to be used.
manufacturer or dealer upon any article of
commerce and shall sell the same; Art. 189. Unfair competition, fraudulent
2. Any person who shall sell such articles of registration of trade-mark, trade-name or service
commerce or offer the same for sale, knowing mark, fraudulent designation of origin, and false
that the trade-name or trade- mark has been description — The penalty provided in the next
fraudulently used in such goods as described proceeding article shall be imposed upon:
in the preceding subdivision; 1. Any person who, in unfair competition and for the
3. Any person who, in the sale or advertising of his purposes of deceiving or defrauding another of
services, shall use or substitute the service his legitimate trade or the public in general, shall
mark of some other person, or a colorable sell his goods giving them the general
imitation of such mark; or appearance of goods of another manufacturer or
4. Any person who, knowing the purpose for which dealer, either as to the goods themselves, or in
the trade-name, trade-mark, or service mark of a the wrapping of the packages in which they are
person is to be used, prints, lithographs, or in contained or the device or words thereon or in
any way reproduces such trade-name, trade- any other features of their appearance which
mark, or service mark, or a colorable imitation would be likely to induce the public to believe
thereof, for another person, to enable that other that the goods offered are those of a
person to fraudulently use such trade-name, manufacturer or dealer other than the actual
trade-mark, or service mark on his own goods or manufacturer or dealer or shall give other
in connection with the sale or advertising of his persons a chance or opportunity to do the same
services. with a like purpose.
2. Any person who shall affix, apply, annex or use
A trade-name or trade-mark as herein used is a word in connection with any goods or services or any
or words, name, title, symbol, emblem, sign or device, container or containers for goods a false
or any combination thereof used as an advertisement, designation of origin or any false description or
sign, label, poster, or otherwise, for the purpose of representation and shall sell such goods or
enabling the public to distinguish the business of the services.
person who owns and uses said trade-name or trade- 3. Any person who by means of false or fraudulent
mark. representation or declarations orally or in writing
or by other fraudulent means shall procure from
A service mark as herein used is a mark used in the the patent office or from any other office which
sale or advertising of services to identify the services may hereafter be established by law for the
of one person and distinguish them from the services purposes the registration of a trade-name,
of others and includes without limitation the marks, trade- mark or service mark or of himself as the
names, symbols, titles, designations, slogans, owner of such trade-name, trade-mark or
character names, and distinctive features of radio or service mark or an entry respecting a trade-
ACTS PUNISHABLE: ACTS PUNISHED:
1. By (a) substituting the trade name (t/n) or 1. Unfair competition by selling his goods,
trademark (t/m) of some other giving them the general appearance of
manufacturer or dealer or a colorable the goods of another manufacturer or
imitation thereof, for the t/n or t/m of the dealer
real manufacturer or dealer upon any 2. Fraudulent designation of origin; false
article of commerce and (b) selling the description by (a) affixing to his goods or
same. using in connection with his services a
2. By selling or by offering for sale such false designation of origin; or any false
article of commerce, knowing that the t/n description or representation, and (b)
or t/m has been fraudulently used selling such goods or services
47
3. Fraudulent registration by procuring whether used as reefers, resin, extract, tincture or in

fraudulently from the patent office the any other form whatsoever.
registration of t/m, t/m or service mark. By narcotic drug is meant a drug that produces a
condition of insensibility and melancholy dullness of
ELEMENTS: mind with delusions and may be habit-forming.
1. That the offender gives his goods the
2. Anyone who shall maintain a dive or resort
general appearance of the goods of
where any prohibited drug is used in any form, in
another manufacturer or dealer violation of the law.
2. That the general appearance is shown in
the (a) goods themselves, or in the (b) Art. 191. Keeper, watchman and visitor of opium
wrapping of their packages, or in the (c) den — The penalty of arresto mayor and a fine
ranging from 100 to 300 pesos shall be imposed
device or words therein, or in (d) any upon:
other feature of their appearance 1. Anyone who shall act as a keeper or
3. That the offender offers to sell or sells watchman of a dive or resort where any
those goods or gives other persons a prohibited drug is used in any manner contrary
to law; and
chance or opportunity to do the same
2. Any person who, not being included in the
with a like purpose. provisions of the next preceding article, shall
4. That there is actual intent to deceive the knowingly visit any dive or resort of the
public or defraud a competitor. character referred to above.
Art. 192. Importation and sale of prohibited drugs

TITLE FIVE — The penalty of prision correccional in its medium
CRIMES RELATED TO OPIUM AND and maximum periods and a fine ranging from 300 to
OTHER PROHIBITED DRUGS (190-194) 10,000 pesos shall be imposed upon any person
who shall import or bring into the Philippine Islands
Art. 190. Possession, preparation and use of any prohibited drug.
prohibited drugs and maintenance of opium dens
— The penalty of arresto mayor in its medium period The same penalty shall be imposed upon any person
to prision correccional in its minimum period and a who shall unlawfully sell or deliver to another
fine ranging from 300 to 1,000 pesos shall be prohibited drug.
imposed upon:
1. Anyone who unless lawfully authorized shall Art. 193. Illegal possession of opium pipe or other
possess, prepare, administer, or otherwise paraphernalia for the use of any prohibited drug
use any prohibited drug. — The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon any
"Prohibited drug," as used herein includes opium, person who, not being authorized by law, shall
cocaine, alpha and beta eucaine, Indian hemp, their possess any opium pipe or other paraphernalia for
derivatives, and all preparations made from them or smoking, injecting, administering or using opium
any of them, and such other drugs, whether natural or or any prohibited drug.
synthetic, having physiological action as a narcotic
drug. The illegal possession of an opium pipe or other
paraphernalia for using any other prohibited drug
"Opium" embraces every kind, class, and character shall be prima facie evidence that its possessor has
of opium, whether crude or prepared; the ashes on used said drug.
refuse of the same; narcotic preparations thereof or
therefrom; morphine or any alkaloid of opium, Art. 194. Prescribing opium unnecessary for a
preparation in which opium, morphine or any kind of patient — The penalty of prision correccional or a
opium, enter as an ingredient, and also opium leaves fine ranging from 300 to 10,000 pesos, or both shall
or wrappings of opium leaves, whether prepared or be imposed upon any physician or dentist who shall
not for their use. prescribe opium for any person whose physical
condition does not require the use of the same.
"Indian hemp" otherwise known as marijuana, THE DANGEROUS DRUGS ACT OF 1972
cannabis, Americana, hashish, bhang, guaza, (RA No. 6425, as amended)
churruz, and ganjah embraces every kind, class and
character of Indian hemp, whether dried or fresh,
I. Acts punishable:
flowering or fruiting tops of the pistillate plant 1. importation of prohibited drugs
cannabis satival, from which the resin has not been
extracted, including all other geographic varieties
48
2. sale, administration, delivery, unless the owner thereof can prove that
distribution and transportation he did not know of such cultivation or
of prohibited drugs culture despite the exercise of due
3. maintenance of a den, dive or resort diligence on his part.
for prohibited drug users  Qualifying Circumstance – if the land
4. being employees or visitors of drug
involved is part of the public domain, the
den
maximum of the penalty herein provided
5. manufacture of prohibited drugs
shall be imposed.
6. possession or use
B. Failure to keep records of prescription,
7. cultivation of plants
sales, purchases, acquisitions and/or
8. failure to comply with provisions
deliveries of prohibited/regulated drugs
relative to keeping of records of
PERSONS LIABLE: Pharmacist, Physician,
prescription
Dentist, Veterinarian, Manufacturer,
9. unnecessary prescription
Wholesaler, Importer, Distributor, Dealer,
10. possession of opium pipe and other
Retailer
paraphernalia
C. Unlawful prescription of
11. Importation, sale, etc. of
prohibited/regulated drugs
regulated drugs
D. Unnecessary prescription
of prohibited/regulated
 Importation of prohibited/regulated drugs. drugs
 Sale, administration, delivery, distribution PERSONS LIABLE: Physician or dentist who
and transaction of prohibited/regulated shall prescribe any prohibited/regulated drug
drugs. for any person whose physical/physiological
condition does not require the use of thereof.
Qualifying Circumstances – if the victim of E. Possession of opium pipe, equipment,
the offense is a minor or should a apparatus or any paraphernalia fit or
prohibited/regulated drug involve in any intended for smoking, consuming,
offense under this section be the proximate administering, injecting, ingesting, or
cause of the death of a victim thereof, the otherwise using opium or any other
maximum penalty herein shall be imposed. prohibited drug, shall be prima facie
 Maintenance of a den, dive, or evidence that the possessor has smoked,
resort for prohibited/regulated drug consumed, administered to himself,
users. injected or used a prohibited drug.
Qualifying Circumstance – where a F. Attempt and conspiracy to commit the
prohibited/regulated drug is administered, following offenses:
delivered, or sold to a minor who is allowed to 1. Importation of dangerous drugs
use the same in such place, or should a 2. Sale, administration, delivery,
prohibited drug be the proximate cause of the distribution and transportation
death of the person using the same in such of dangerous drugs
den, dive or resort, the maximum of the 3. Maintenance of a den, dive or resort
penalty shall be imposed. for prohibited drugs
 Manufacture of prohibited/regulated 4. Manufacture of dangerous drugs
drugs. 5. Cultivation or culture of plants which
 Possession of are sources of prohibited drugs
prohibited/regulated drugs. OTHER PERSONS LIABLE:
A. Cultivation of plants which are sources a. If the violation of the Act is committed
of prohibited drugs. by a partnership, corporation,
 Note: The land/portions thereof and/or association or any judicial person, the
greenhouses in which any of the said partner, president, director, or
plants is cultivated or cultured shall be manager who consents to or
confiscated and escheated to the State,
49
knowingly tolerates such violation
50
shall be held criminally liable as co- 1. Voluntary submission of a drug

principal. dependent to confinement, treatment
b. Partner, president, director, manager, and
officer or stockholder, who knowingly
authorizes, tolerates, or consents to
the use of a vehicle, vessel, or
aircraft as an instrument in the
importation, sale, delivery, distribution
or transportation of dangerous drugs,
or to the use of their equipment,
machines or other instruments in the
manufacture of any dangerous drugs,
if such vehicle, vessel, aircraft,
equipment, or other instrument, is
owned or under the control and
supervision of the partnership,
corporation, association or judicial
entity to which they are affiliated.
c. Government official, employee or
officer who is found guilty of
―planting‖ any dangerous drugs in
the person or in the immediate vicinity
of another as evidence to implicate
the latter.
II. For the purpose of enforcing the
provisions of this Act, all school heads,
supervisors and teachers shall be
deemed to be persons in authority and,
as such, are vested with the power to
apprehend, arrest, or cause the
apprehension or arrest of any person
who shall violate any of the said
provision.
 NOTE: They shall be considered as
persons in authority id they are in the
school or within its immediate vicinity, or
beyond such immediate vicinity of they
are in attendance in any school or class
function in their official capacity as school
heads, supervisors or teachers.
 Any teacher or school employee who
discovers or finds that any person in the
school or within its immediate vicinity is
violating this Act shall have the duty to
report the violation to the school head or
supervisor who shall, in turn, report the
matter to the proper authorities. Failure to
report in either case shall, after hearing,
constitute sufficient cause for disciplinary
action. (Sec. 28)
III. Rules:
51
rehabilitation by the drug dependent
himself or through his parent, guardian or
relative within the 4th civil degree of
consanguinity or affinity, in a center and
compliance with such conditions therefor
as the Dangerous Drugs Board may
prescribe shall exempt from criminal
liability for possession or use of the
prohibited/regulated drug.
2. Should the drug dependent escape from
the center, he may submit himself for
confinement within 1 week from the date
of his escape, of his parent guardian or
relative may, within the same period
surrender him for confinement.
3. Upon application of the Board, the Court
shall issue an order for recommitment if
the drug dependent does not resubmit
himself for confinement or if he is not
surrendered for recommitment.
4. If, subsequent to such recommitment, he
should escape again, he shall no longer be
exempt from criminal liability for the use or
possession of any dangerous drug.
5. If a person charged with an offense is
found by the fiscal or by the Court at any
stage of the proceedings, to be a drug
dependent, the fiscal or court as the case
may be, shall suspend all further
proceedings and transmit records of the
case to the Board.
6. After his rehabilitation, he shall be
prosecuted for such violation. In case of
conviction, the judgement shall, if the
accused is certified by the treatment and
rehabilitation center to have maintained
good behavior, indicate that he shall be
given full credit for the period he was
confined in the center.
NOTE: When the offense is possession or use

of dangerous drugs and the accused is not a
recidivist, the penalty thereof shall be deemed
to have been served in the center upon his
release therefrom.
7. The period of prescription of the offense

charged shall not run during the time that
the respondent/accused is under
detention or confinement in a center.
52
8. Requisites of suspension of sentence for under Article 6

first offense in a minor:
a) If accused is a minor (under 18 years
of age at the time of the commission
of the offense but not more than 21
years of age when the judgement
should have been promulgated.
b) He has not been previously convicted
of violating any provision of this Act or
of the RPC or placed on probation.
 Sentence shall be deferred and the
accused shall be placed on probation
under the supervision of the Board.
 In case of violation of conditions of
pardon, court shall pronounce judgement
of conviction and he shall serve sentence.
 If accused did not violate conditions of
probation, case shall be dismissed
upon expiration of the designated
period.
 NOTES:
a) Cultivation of plants – Sec 9 – land,
portions of land, greenhouse on which
any of the plants is cultivated –
confiscated and escheated to the State.
UNLESS: owner can prove that he had
no knowledge of the cultivation despite
due diligence
b) If land is part of the public domain –
maximum penalty imposed
c) Possession of opium pipe and other
paraphernalia – prima facie evidence that
the possessor has smoked, consumed,
administered himself, used prohibited
drugs
d) Drug penalties of Reclusion Perpetua
to Death or a fine of Php 500,000 to
10M apply when:
Opium 40 grams up
Morphine 40 grams up
Shabu 200 grams up
Heroin 40 grams up
Indian hemp 750 grams up
MJ resin 50 grams up
Cocaine 40 grams up
Other drugs Quantity far beyond
therapeutic req’t
(if quantity is less than prescribed – penalty is
PC to RP depending upon the quantity)
e) RA 7659 – PD 1619 – Possession and
Use of Volatile Substances
mere attempt to sell, import – already a crime
53
conspiracy to sell, deliver, import – already a surveillance (P v. Carlos Franca)
crime under Article 8 l) Possession – constructive or actual – not
f) Buy Bust Operation – no law or rule to necessary to adduce the marked money
require policemen to adopt a uniform as evidence (P v. Romeo Macara)
way of identifying BUY MONEY (P v.
Abedes)
g) Absence of ultraviolet power is not fatal
in the prosecution
h) Transportation/importation of MJ –
immaterial whether there may or may
not be a distinction for the MJ
i) Distinguish Entrapment
and Instigation:
1. If prosecution can prove the crime
without presenting the informer or
asset – not necessary because their
testimonies are merely corroborative.
Poseur buyer – it depends on
whether the prosecution can prove
the crime without their testimonies (P
v. Rosalinda Ramos)
2. Under the RA, special aggravating
circumstance if a crime has been
committed while the accused was
high on drugs (P v. Anthony
Belgar)
3. Delivery or Sale of Prohibited Drugs
– the accused must be aware that
what he is selling or delivering was
prohibited drug. But the moment the
fact of sale or delivery is proved by
prosecution, the burden to prove
that the accused is not aware that
drugs are prohibited falls on the
defense (P
v. Aranda)
4. P v. Angelito Manalo – burden
of proving the authority to
possess shabu is a matter of
defense
5. P v. Hilario Moscaling – court
may take judicial notice of the
word
―shabu‖
6. Criminal liabilities of a policeman
who sold the drugs confiscated from
a pusher: violation of RA 6425 and
malversation under RPC.
j) Planting evidence – to implicate another
k) Buy Bust Operation – form of
entrapment (P v. Alberto) – not
necessary to have prior police
54
m) Separate crimes – sale/possession of MT directly, or indirectly take part in any game of

found in his possession after he was monte, jueteng or any other form of lottery,
frisked but he can’t be convicted for policy, banking, or percentage game, dog races,
possession of MJ that he sold or any other game of scheme the result of which
depends wholly or chiefly upon chance or
n) If victim is minor or drug is proximate hazard; or wherein wagers consisting of money,
cause of death – max penalty is imposed articles of value or representative of value are
under Sec 4, 5, 15, 15-a made; or in the exploitation or use of any other
1. If imposable penalty: RP to death – no mechanical invention or contrivance to determine
by chance the loser or winner of money or any
plea bargaining object or representative of value.
2. If offender: government official, 2. Any person who shall knowingly permit any form
employees, officers or found guilty of gambling referred to in the preceding
of planting evidences – same subdivision to be carried on in any unhabited or
penalty uninhabited place of any building, vessel or other
means of transportation owned or controlled by
3. First offense of a minor – suspension him. If the place where gambling is carried on
of sentence has the reputation of a gambling place or that
prohibited gambling is frequently carried on
 under 18 at time of commission but not therein, the culprit shall be punished by the
penalty provided for in this article in its maximum
more than 21 at time when judgment was period.
promulgated
 found guilty of possession or use (b) The penalty of prision correccional in its
of prohibited or regulated drugs maximum degree shall be imposed upon the
maintainer, conductor, or banker in a game of
 not been previously convicted of violating jueteng or any similar game.
any provision of this Act or the RPC (c) The penalty of prision correccional in its medium
 not been placed on probation degree shall be imposed upon any person who shall,
 defer sentence, place on probation for knowingly and without lawful purpose, have in his
possession and lottery list, paper or other matter
6 months to 1 year containing letters, figures, signs or symbols which
 violation of probation – pronounce pertain to or are in any manner used in the game of
sentence – convict and serve sentence jueteng or any similar game which has taken place or
 no violation – discharge him and dismiss about to take place.
the proceeding Art. 196. Importation, sale and possession of
 if minor is drug dependent – commit to a lottery tickets or advertisements — The penalty of
center for treatment and rehabilitation arresto mayor in its maximum period to prision
correccional in its minimum period or a fine ranging
from 200 to 2,000 pesos, or both, in the discretion of
TITLE SIX the court, shall be imposed upon any person who
CRIMES AGAINST PUBLIC MORALS shall import into the Philippine Islands from any
foreign place or port any lottery ticket or
CHAPTER 1: GAMBLING AND BETTING advertisement or, in connivance with the importer,
shall sell or distribute the same.
GAMBLING (195-99 repealed by PDs 449, Any person who shall knowingly and with intent to use
483 and 1602 as amended) them, have in his possession lottery tickets or
1. Illegal cockfighting (PD 449) advertisements, or shall sell or distribute the same
2. Betting, game-fixing or point shaving and without connivance with the importer of the same,
shall be punished by arresto menor, or a fine not
machinations in sports contests (PD 438) exceeding 200 pesos, or both, in the discretion of the
3. Illegal gambling court.
Art. 195. What acts are punishable in gambling — The possession of any lottery ticket or advertisement
(a) The penalty of arresto mayor or a fine not shall be prima facie evidence of an intent to sell,
exceeding two hundred pesos, and, in case of distribute or use the same in the Philippine Islands.
recidivism, the penalty of arresto mayor or a fine
ranging from two hundred or six thousand pesos, Art. 197. Betting in sports contests — The penalty
shall be imposed upon: of arresto menor or a fine not exceeding 200 pesos,
1. Any person other than those referred to in or both, shall be imposed upon any person who shall
subsections (b) and (c) who, in any manner 55
bet money or any object or article of value or both, in the discretion of the court, shall be imposed
representative of value upon the result of any boxing upon:
or other sports contests. 1. Any person who directly or indirectly participates
in cockfights, by betting money or other valuable
Art. 198. Illegal betting on horse race — The things, or who organizes cockfights at which bets
penalty of arresto menor or a fine not exceeding 200 are made, on a day other than those permitted
pesos, or both, shall be imposed upon any person by law.
who except during the period allowed by law, shall be 2. Any person who directly or indirectly
on horse races. The penalty of arresto mayor or a participates in cockfights, at a place other than
fine ranging from 200 to 2,000 pesos, or both, shall a licensed cockpit.
be imposed upon any person who, under the same
circumstances, shall maintain or employ a totalizer or COCKFIGHTING LAW OF 1974
other device or scheme for betting on horse races or
realizing any profit therefrom. PD 449
1. Scope – This law shall govern the
For the purposes of this article, any race held in the establishment, operation,
same day at the same place shall be held punishable maintenance and ownership of
as a separate offense, and if the same be committed
by any partnership, corporation or association, the cockpits.
president and the directors or managers thereof shall 2. Rules:
be deemed to be principals in the offense if they have 1) Only Filipino citizens not otherwise
consented to or knowingly tolerated its commission. inhibited by existing laws shall be
allowed to own, manage and operated
PENALIZING BETTING, GAME-FIXING OR cockpits.
POINT-SHAVING AND 2) Only one cockpit shall be allowed in
MACHINATIONS IN SPORTS CONTESTS each city or municipality with a
PD 483 population of 100,000 or less.
 ACTS PUNISHABLE: 3) Cockpits shall be constructed and
1. Betting: Betting money or any object or operated within the appropriate areas
article of value of representative value as prescribed in the Zoning Law or
upon the result of any game, races and ordinance.
other sports contests. 4) When allowed:
2. Game-fixing: any arrangement, a. Cockfighting shall be allowed only in
combination, scheme or agreement by licensed cockpits during Sundays and
which the result of any game, races, or legal holidays and during local fiestas
sports contests shall be predicated and/or for not more than 3 days; or
known other than on the basis of the b. During provincial, city or municipal,
honest playing skill or ability of the agricultural, commercial or industrial
players or participants. fair, carnival or exposition for a similar
3. Point-shaving: any such arrangement period of 3 days upon resolution of the
combination, scheme or agreement by province, city or municipality where
which the skill or ability of any player or such fair, carnival or exposition is to
participant in a fame, races, or sports be held, subject to the approval of the
contests to make points of scores shall be Chief of Constabulary or his
limited deliberately in order to influence authorized representative.
the result thereof in favor of one or other 3. Limitations:
team, player or participant. a. No cockfighting on the occasion of
4. Game Machination: any other fraudulent, such fair, carnival or exposition shall
deceitful, unfair or dishonest means, be allowed within the month of the
method, manner or practice employed for local fiesta or for more than 2
the purpose of influencing the result of occasions a year in the same city of
any game, races or sports contest. municipality.
b. No cockfighting shall be held on
Art. 199. Illegal cockfighting — The penalty of December 30, June 12,November 30,
arresto menor or a fine not exceeding 200 pesos, or Holy Thursday, Good Friday, Election
56
Day and during registration days for give rise to public scandal to persons who
such election/referendum. have accidentally witnessed the acts
 Decency: means properly observing the
 If the purpose is for the entertainment of requirements of modesty, good taste etc
foreign dignitaries or for tourists, or for  Customs: refers to established usage,
returning balikbayans, or for the support social conventions carried on by tradition
of national fund-raising campaigns for and enforced by social disapproval in
charitable purposes as may be case of violation
authorized by the Office of the President
 If the acts complained of are punishable
upon resolution of a provincial board, city
under another provision of the RPC, Art
or municipal council, in licensed cockpits
200 is not applicable
or in playgrounds or parks.
 The essence of grave scandal is publicity
Limitations: This privilege shall be extended
and that the acts committed are not only
for only one time, for a period not exceeding
contrary to morals and good customs but
3 days, within a year to a province, city or
must likewise be of such character as to
municipality.
cause public scandal to those witnessing
a. No gambling of any kind shall be
it.
permitted on the premises of the
cockpit or place of cockfighting Art. 201. Immoral doctrines, obscene publications
during cockfights. and exhibitions and indecent shows — The
penalty of prision mayor or a fine ranging from six
b. City or municipal mayors are thousand to twelve thousand pesos, or both such
authorized to issue licenses for the imprisonment and fine, shall be imposed upon:
operation and maintenance of 1. Those who shall publicly expound or
cockpits. proclaim doctrines openly contrary to
public morals;
2. (a) the authors of obscene literature,
CHAPTER 2: OFFENSES AGAINST DECENCY published with their knowledge in any form;
AND GOOD CUSTOMS the editors publishing such literature; and
the owners/operators of the establishment
Art. 200. Grave scandal — The penalties of arresto selling the same;
mayor and public censure shall be imposed upon any (b) Those who, in theaters, fairs, cinematographs or
person who shall offend against decency or good any other place, exhibit, indecent or immoral plays,
customs by any highly scandalous conduct not scenes, acts or shows, whether live or in film, which
expressly falling within any other article of this Code. are prescribed by virtue hereof, shall include those
ELEMENTS: which (1) glorify criminals or condone crimes; (2)
1. Offender performs an act serve no other purpose but to satisfy the market for
2. Act is highly scandalous as violence, lust or pornography; (3) offend any race or
religion; (4) tend to abet traffic in and use of
offending against decency or good prohibited drugs; and (5) are contrary to law, public
customs order, morals, and good customs, established
3. Highly scandalous conduct does not policies, lawful orders, decrees and edicts;
expressly fall within any other article 3. Those who shall sell, give away or exhibit
films, prints, engravings, sculpture or
of the RPC literature which are offensive to morals.
4. Committed in a public place or within the (As amended by PD Nos. 960 and 969).
public knowledge or view. (The public
view is not required, it is sufficient if in PERSONS LIABLE:
public place. For public knowledge, it 1. Those who publicly expound or proclaim
may occur even in a private place; the doctrines that are contrary to public
number of people who sees it is not morals
material). 2. Authors of obscene literature, published
with their knowledge in any form
 Grave scandal: consists of acts which are 3. Editors publishing such obscene literature
offensive to decency and good customs.
They are committed publicly and thus,
57
4. Owners or operators of establishments or wandering about the country or the

selling obscene literature streets without visible means of support;
5. Those who exhibit indecent or immoral 3. Any idle or dissolute person who ledges
plays, scenes, acts or shows ion in houses of ill fame; ruffians or pimps
and those who habitually associate with
theaters, fairs, cinemas or any other prostitutes;
place 4. Any person who, not being included in the
6. Those who sell, distribute, or exhibit provisions of other articles of this Code,
prints, engraving, sculptures or literature shall be found loitering in any inhabited or
uninhabited place belonging to another
which are offensive to morals
without any lawful or justifiable purpose;
5. Prostitutes.
 Morals: implies conformity to generally For the purposes of this article, women who, for
accepted standards of goodness or money or profit, habitually indulge in sexual
rightness in conduct or character intercourse or lascivious conduct, are deemed to be
prostitutes.
 Test of obscenity: whether the matter has
a tendency to deprave or corrupt the Any person found guilty of any of the offenses
minds of those who are open to immoral covered by this articles shall be punished by arresto
influences. A matter can also be menor or a fine not exceeding 200 pesos, and in case
of recidivism, by arresto mayor in its medium period
considered obscene if it shocks the to prision correccional in its minimum period or a fine
ordinary and common sense of men as ranging from 200 to 2,000 pesos, or both, in the
indecency. discretion of the court.
 However, Art 201 enumerates what are WHO ARE CONSIDERED VAGRANTS:
considered as obscene literature or 1. Those who have no apparent means of
immoral or indecent plays, scenes or subsistence and who have the physical
acts: ability to work yet neglect to apply
a. those w/c glorify criminals or condone themselves to some useful calling
crimes 2. Persons found loitering around public and
b. those w/c serve no other purpose but semi-public places without visible means
to satisfy the market for violence, lust of support
or pornography 3. Persons tramping or wandering around
c. those w/c offend against any race or the country or the streets with no visible
religion means of support
d. those w/c tend to abet the traffic in 4. Idle or dissolute persons lodging in
and the use of prohibited drugs houses of ill-fame
e. those that are contrary to law, public 5. Ruffians or pimps and those who
order, morals, good customs, habitually associate with prostitutes (may
established policies, lawful orders, include even the rich)
decrees and edicts 6. Persons found loitering in inhabited or
 Mere nudity in paintings and pictures is uninhabited places belonging to others,
not obscene without any lawful or justifiable reason
 Pictures w/ a slight degree of obscenity provided the act does not fall within any
having no artistic value and intended for other article of the RPC
commercial purposes fall within this If fenced and with Trespass to dwelling
article prohibition of entry
If fenced and entered to Attempted theft
 Publicity is an essential element hunt/fish
If not fenced and with no Vagrancy
Art. 202. Vagrants and prostitutes; penalty — The prohibition of entry
following are vagrants:
1. Any person having no apparent means of
subsistence, who has the physical ability  Who are considered prostitutes – refer to
to work and who neglects to apply himself women who habitually indulge in sexual
or herself to some lawful calling; intercourse or lascivious conduct for
2. Any person found loitering about public or
semi-public buildings or places or 58
money or profit (if a man indulges in the judgment in any case submitted to him for decision,
same conduct: vagrancy) shall be punished by prision mayor and perpetual
absolute disqualification.
TITLE SEVEN
CRIMES COMMITTED BY PUBLIC Malfeasance Doing of an act which a public officer
OFFICERS should not have done
Misfeasance Improper doing of an act which a
person might lawfully do
CHAPTER 1: PRELIMINARY PROVISIONS Nonfeasance Failure of an agent to perform his
undertaking for the principal
Art. 203. Who are public officers — For the ELEMENTS OF KNOWINGLY RENDERING
purpose of applying the provisions of this and the
AN UNJUST JUDGMENT:
preceding titles of this book, any person who, by
direct provision of the law, popular election or 1. Offender is a judge
appointment by competent authority, shall take part in 2. Renders a judgment in the case
the performance of public functions in the submitted to him for judgment
Government of the Philippine Islands, of shall perform 3. Judgment is unjust
in said Government or in any of its branches public
duties as an employee, agent or subordinate official,
4. Knowledge that the decision is unjust
of any rank or class, shall be deemed to be a public NOTES:
WHO ARE PUBLIC OFFICERS: 1. Judgment: is a final consideration and
1. Takes part in the performance of public determination by a court of competent
functions in the Government, or jurisdiction of the issues submitted to it
2. Performs public duties as an employee, in an action or proceeding
agent or subordinate official in the gov’t or 2. Unjust judgment: one which is contrary to
any of its branches law, or not supported by the evidence, or
NOTES: both
1. Public officer must derive his authority 3. An unjust judgment may result from:
from: a) There must be evidence that the decision
2. direct provision of law rendered is unjust. It is not presumed
3. popular election b) Abuse of discretion or mere error of
4. appointment by competent authority judgment cannot likewise serve as basis
5. Public officers: embraces every public for rendering an unjust judgment in the
servant from the lowest to the highest absence of proof or even an allegation
rank of bad faith (motive or improper
6. A government laborer is not a public consideration).
officer. However, temporary performance 4. error (with bad faith)
by a laborer of public functions makes 5. ill-will or revenge
him a public officer 6. bribery
7. Misfeasance: means improper
performance of an act which might be Art. 205. Judgment rendered through negligence
— Any judge who, by reason of inexcusable
properly be performed negligence or ignorance shall render a manifestly
8. Malfeasance: means performance of unjust judgment in any case submitted to him for
an act which ought not to be done decision shall be punished by arresto mayor and
9. Nonfeasance: means omission of an act temporary special disqualification.
which ought to be done ELEMENTS:
1. Offender is a judge
CHAPTER 2: MALFEASANCE AND 2. Renders a judgment in a case submitted
MISFEASANCE IN OFFICE to him for decision
3. Judgment is manifestly unjust
Section 1 – Dereliction of duty
4. Due to inexcusable negligence or
ignorance
Art. 204. Knowingly rendering unjust judgment —
Any judge who shall knowingly render an unjust
59
 Manifestly unjust judgment: one that is so 1. That the offender is a public officer or
contrary to law that even a person having officer of the law who has a duty to cause
meager knowledge of the law cannot the prosecution of, or to prosecute
doubt the injustice offenses.
2. That there is dereliction of the duties of
Art. 206. Unjust interlocutory order — Any judge
who shall knowingly render an unjust interlocutory
his office, that is, knowing the commission
order or decree shall suffer the penalty of arresto of the crime, he does not cause (a) the
mayor in its minimum period and suspension; but if prosecution of the criminal (People vs.
he shall have acted by reason of inexcusable Rosales, G.R. no. 42648) or (b) knowing
negligence or ignorance and the interlocutory order or that a crime is about to be committed he
decree be manifestly unjust, the penalty shall be
tolerates its commission (if gift/promise is
ELEMENTS:
a consideration for his conduct: direct
1. That the offender is a judge.
bribery)
2. That he performs any of the following
3. That the offender acts with malice and
acts:
deliberate intent to favor the violator
a. knowingly renders unjust interlocutory
of the law.
order or decree, or
b. renders a manifestly unjust
interlocutory order or decree through  PREVARICACION: negligence and
inexcusable negligence or ignorance. tolerance in the prosecution of an offense
 There must be a duty on the part of the
 Interlocutory order: one issued by the public officer to prosecute or move for
court deciding a collateral or incidental the prosecution of the offender. Note
matter. It is not a final determination of however, that a fiscal is under no
the issues of the action or proceeding compulsion to file an information based
upon a complaint if he is not convinced
Art. 207. Malicious delay in the administration of that the evidence before him does not
justice — The penalty of prision correccional in its warrant filing an action in court
minimum period shall be imposed upon any judge  The crime must be proved first before
guilty of malicious delay in the administration of an officer can be convicted of dereliction
justice.
of duty
ELEMENTS:
1. That the offender is a judge.  A public officer who harbors, conceals, or
2. That there is a proceeding in his court. assists in the escape of an offender,
3. That he delays the administration when it is his duty to prosecute him is
of justice. liable as principal in the crime of
4. That the delay is malicious, that is, the dereliction of duty in the prosecution of
delay is caused by the judge with offenses. He is not an accessory
deliberate intent to inflict damage on  Article not applicable to revenue officers
either party in the case. Art. 209. Betrayal of trust by an attorney or
solicitor — Revelation of secrets. — In addition to
the proper administrative action, the penalty of
 Mere delay without malice is not prision correccional in its minimum period, or a fine
punishable ranging from 200 to 1,000 pesos, or both, shall be
imposed upon any attorney-at-law or solicitor
Art. 208. Prosecution of offenses; negligence and ( procurador judicial) who, by any malicious breach of
tolerance — The penalty of prision correccional in its professional duty or of inexcusable negligence or
minimum period and suspension shall be imposed ignorance, shall prejudice his client, or reveal any of
upon any public officer, or officer of the law, who, in the secrets of the latter learned by him in his
dereliction of the duties of his office, shall maliciously professional capacity.
refrain from instituting prosecution for the
punishment of violators of the law, or shall tolerate The same penalty shall be imposed upon an
the commission of offenses. attorney- at-law or solicitor (procurador judicial) who,
ELEMENTS: having undertaken the defense of a client or having
60
by Batas Pambansa Blg. 872, June 10, 1985).

shall undertake the defense of the opposing party in
the same case, (not
ELEMENTS without the consent
necessarily of hisofficer
a public first client. ELEMENTS:
although all lawyers are officers of the court): 1. That the offender be a public officer within
1. Causing damage to client (prejudice is the scope of Art 203
essential) either 2. That the offender accepts an offer or
a. by any malicious breach of promise or receives a gift or present by
professional duty, or himself or through another
b. by inexcusable negligence or 3. That such offer or promise be accepted or
ignorance. gift/present received by the public officer
2. Revealing any of the secrets of his client (mere agreement consummates the
learned by him in his professional crime)
capacity (damage not necessary) a. with a view to committing some crime
3. Undertaking the defense of the opposing (delivery of consideration is not
party of the 1st client and/or having necessary) or
received confidential information from the b. in consideration of an execution if an
latter and without the latter’s consent act which does not constitute a crime,
(damage not necessary) but the act must be unjust (delivery of
consideration is necessary), or
Section 2 - Bribery c. to refrain from doing something which
is his official duty to do
Art. 210. Direct bribery — Any public officer who 4. That the act which the offender agrees to
shall agree to perform an act constituting a crime, in
connection with the performance of this official
perform or which he executes be
duties, in consideration of any offer, promise, gift or connected with the performance of his
present received by such officer, personally or official duties
through the mediation of another, shall suffer the
penalty of prision mayor in its medium and maximum  For purposes of this article, temporary
periods and a fine [of not less than the value of the
gift and] not less than three times the value of the gift performance of public functions is
in addition to the penalty corresponding to the crime sufficient to constitute a person a public
agreed upon, if the same shall have been committed. officer. A private person may commit this
crime only in the case in which custody
If the gift was accepted by the officer in consideration
of the execution of an act which does not constitute a
of prisoners is entrusted to him
crime, and the officer executed said act, he shall  Applicable also to assessors, arbitrators,
suffer the same penalty provided in the preceding appraisal and claim commissioners,
paragraph; and if said act shall not have been experts or any other person performing
accomplished, the officer shall suffer the penalties of
prision correccional, in its medium period and a fine
public duties
of not less than twice the value of such gift.  Cannot be frustrated, only attempted or
consummated.
If the object for which the gift was received or  Bribery exists when the gift is:
promised was to make the public officer refrain from
doing something which it was his official duty to do,
a. voluntarily offered by a private person
he shall suffer the penalties of prision correccional in b. solicited by the public officer and
its maximum period and a fine [of not less than the voluntarily delivered by the private
value of the gift and] not less than three times the person
value of such gift.
c. solicited by the public officer but the
In addition to the penalties provided in the preceding private person delivers it out of fear of
paragraphs, the culprit shall suffer the penalty of the consequences should the public
special temporary disqualification. officer perform his functions (here the
crime by giver is not corruption of
The provisions contained in the preceding paragraphs
shall be made applicable to assessors, arbitrators,
public officials due to involuntariness).
appraisal and claim commissioners, experts or any  Actual receipt of the gift is not
other persons performing public duties. (As amended necessary. An accepted offer or promise
61
of a gift is
62
sufficient. However, if the offer is not the public officer in his official capacity
accepted, only the person offering the gift has to intervene under the law.
is liable for attempted corruption of a c) Directly, or indirectly requesting or
public officer receiving any gift, present, or other
 The gift must have a value or capable pecuniary or material benefit, for himself
of pecuniary estimation. It could be in or for another, from any person for whom
the form of money, property or services the public officer, in any manner of
 If the act required of the public officer capacity, has secured or obtained, or will
amounts to a crime and he commits it, he secure or obtain, any Government permit
shall be liable for the penalty or license, in consideration for the held
corresponding to the crime given or to be given.
 The third type of bribery and d) Accepting or having any member of his
prevaricacion (art 208) are similar family accept employment in a private
offenses, both consisting of omissions to enterprise which has pending official
do an act required to be performed. In business with him during the pendency
direct bribery however, a gift or promise is thereof or within one year after its
given in consideration of the omission. termination.
This is not necessary in prevaricacion e) Causing any undue injury to any party,
Bribery (210) Robbery (294) including the Government, or giving any
When the victim has When the victim did not private party any unwarranted benefits,
committed a crime and commit a crime and he is
gives money/gift to avoid intimidated with arrest advantage, or preference in the discharge
arrest or prosecution. and/or prosecution to of his official, administrative or judicial
deprive him of his personal function through manifest partiality,
property. evident bad faith or gross inexcusable
Victim parts with his Victim is deprived of his
negligence. This provision shall apply to
money or property money or property by force
voluntarily. or intimidation. officers and employees of offices or
government corporations charged with
ANTI-GRAFT AND CORRUPT PRACTICES the grant of licenses or permits or other
ACT concessions.
RA 3019 f) Neglecting or refusing, after due demand
or request, without sufficient justification,
I. PERSONS LIABLE: to act within a reasonable time on any
1. Any public officer who shall perform any matter pending before him for the
of the following acts: purpose of obtaining directly or
a) Persuading, inducing or influencing indirectly, from any person interested in
another public officer to perform an act the matter some pecuniary or material
constituting a violation of rules and benefit or advantage, or for the purpose
regulations duly promulgated by of favoring his own interest of giving
competent authority or an offense in undue advantage in favor of or
connection with the official duties of discriminating against any other
the latter, or allowing himself to be interested party.
persuaded, induced, or influenced to g) Entering, on behalf of the Government,
commit such violation or offense. into any contract or transaction manifestly
b) Directly or indirectly requesting or and grossly disadvantageous to the
receiving any gift, present, share, same, whether or not the public officer
percentage, or benefit for himself or for profited or will profit thereby.
any other person in connection with any h) Directly or indirectly having financial or
contract or transaction between the pecuniary interest in any business,
government and any other party wherein contract or transaction in connection with
which he intervenes or take part in his
63
official capacity, or in which he is
64
prohibited by the constitution or by any has been already dealing with the
law from having any interest. gov’t along the same line of business;
i) Directly or indirectly becoming interested, 2. Any transaction, contract or
for personal gain, or having a material application already existing or pending
interest in any transaction or act requiring at the time of such assumption of
the approval of a board, panel, or group public office;
of which he is a member, and which 3. Any application filed by him, the
exercises discretion in such approval, approval of which is not discretionary
even if he votes against the same or does on the part of the official(s) concerned
not participate in the action of the board, but depends upon compliance with
committee, panel or group. requisites provided by law, or rules or
j) Knowingly approving or granting any regulations issued pursuant to law;
license, permit, privilege, or benefit in 4. Any act lawfully performed an official
favor of any person not qualified for or capacity or in the exercise of a
not legally entitled to such license, profession.
permit, privilege, or advantage, or of a 5. Any member of congress, during the
mere representative or dummy of one term for which he has been elected,
who is not so qualified or entitled. who shall acquire or receive any
k) Divulging valuable information of a personal pecuniary interest in any
confidential character, acquired by his specific business enterprise which
office or by him on account of his official shall be directly and particularly
position to unauthorized persons, or favored or benefited by any law or
releasing such information in advance resolution authored by him previously
of its authorized release date. approved or adopted by Congress
2. Any person having family or close during his term.
personal relation with any public official 6. Any public officer who shall fail to file
who shall capitalize or exploit or take a true, detailed and sworn statement
advantage of such family or close of assets and liabilities within 30 days
personal relation by directly or indirectly after assuming office and thereafter
requesting or receiving any present, gift, on or before the 15th day of April
or material, or pecuniary advantage from following the close of every calendar
any person having some business, year, as well as upon the expiration of
transaction, application, request, or his term of office, or upon his
contact with the government in which resignation or separation from office
such public official has to intervene (Sec. 7).
(Sec. 4) II. Prima Facie Evidence of and
3. Any person who shall knowingly induce or Dismissal due to unexplained Wealth
cause any public official to commit any of (Sec. 8)
the offenses under (A). (Sec. 4)  If a public official has been found to have
4. Spouse or any relative, by consanguinity acquired during his incumbency, whether
or affinity, within the 3rd civil degree, of the in his name or in the name of other
president of the Philippines, the vice- persons, an amount of property and/or
president, the president of the Senate, or money manifestly out of proportion to his
speaker of the house of Representatives, salary and to his other lawful income.
who shall intervene, directly or indirectly,
 Properties in the name of the spouse and
in any business transaction, contract or
dependents of such public official may
application with the gov’t (Sec. 5).
be taken into consideration, when their
This prohibition shall not apply to:
acquisition through legitimate means
1. Any person who, prior to the
cannot be satisfactorily shown.
assumption of office of any of the
above officials to whom he is related,
65
 Bank deposits in the name of or officer agrees to perform or refrain from

manifestly excessive expenditures doing an act in consideration of the gift or
incurred by the public official, his spouse promise. In the latter case, it is not
or any of their dependents including but necessary that the officer do any act. It is
not limited to activities in any club or sufficient that he accepts the gift offered by
association or any ostentatious display of reason of his office
wealth including frequent travel abroad  Public officers receiving gifts and private
of a non-official character by any public persons giving gifts on any occasion,
official when such activities entail including Christmas are liable under PD 46.
expenses evidently out of proportion to  The criminal penalty or imprisonment is
legitimate income.
distinct from the administrative penalty of
III. Competent court: All prosecutions suspension from the service
under this Act shall be within the
original jurisdiction of the ELEMENTS OF QUALIFIED BRIBERY
 Sandiganbayan (Sec. 10). 1. Public officer entrusted with law
IV. Prescription of offenses: all offenses enforcement
punishable under this Act shall 2. Refrains from arresting/prosecuting
prescribe in 15 years (Sec. 11). offender for crime punishable by reclusion
V. Exceptions: Unsolicited gifts or perpetua and/or death
presents of small or insignificant 3. (if lower penalty than stated above, the
value offered or given as a mere crime is direct bribery)
ordinary token of gratitude of 4. In consideration of any offer, promise or
friendship according to local customs gift
or usage, shall be excepted from the
provisions of this act (Sec. 14). Art. 212. Corruption of public officials — The
same penalties imposed upon the officer corrupted,
except those of disqualification and suspension, shall
Art. 211. Indirect bribery — The penalties of prision
be imposed upon any person who shall have made
correccional in its medium and maximum periods,
the offers or promises or given the gifts or presents
and public censure shall be imposed upon any public
as described in the preceding articles.
officer who shall accept gifts offered to him by reason
of his office. (As amended by Batas Pambansa Blg. ELEMENTS:
872, June 10, 1985). 1. That the offender makes offers or
ELEMENTS: promises or gives gifts or present to
1. That the offender is a public officer. a public officer.
2. That he accepts gifts. 2. That the offers or promises are made or
3. That the said gifts are offered to him by the gifts or presents given to a public
reason of his office. officer, under circumstances that will
 The gift is given in anticipation of future make the public officer liable for direct
favor from the public officer bribery or indirect bribery
 There must be clear intention on the part of
the public officer to take the gift offered  The offender is the giver of the gift or the
and consider the property as his own for offeror of the promise. The act may or may
that moment. Mere physical receipt not be accomplished
unaccompanied by any other sign,  Under PD 749, givers of bribes and other
circumstance or act to show such gifts as well as accomplices in bribery and
acceptance is not sufficient to convict the other graft cases are immune from
officer prosecution under the following
 There is no attempted or frustrated circumstances:
indirect bribery a. information refers to consummated
 The principal distinction between direct and violations
indirect bribery is that in the former, the
66
b. necessity of the information or adjustment

testimony
c. the information and testimony are not
yet in the possession of the State
d. information and testimony can be
corroborated on its material points
e. informant has been previously
convicted of a crime involving moral
turpitude
 See the Anti-graft and Corrupt Practices Act
CHAPTER 3: FRAUDS AND ILLEGAL

EXTRACTIONS AND TRANSACTIONS
Art. 213. Frauds against the public treasury and

similar offenses — The penalty of prision
correccional in its medium period to prision mayor in
its minimum period, or a fine ranging from 200 to
10,000 pesos, or both, shall be imposed upon any
public officer who:
1. In his official capacity, in dealing with any
person with regard to furnishing supplies,
the making of contracts, or the adjustment or
settlement of accounts relating to public
property or funds, shall enter into an
agreement with any interested party or
speculator or make use of any other
scheme, to defraud the Government;
2. Being entrusted with the collection of
taxes, licenses, fees and other imposts,
shall be guilty or any of the following acts
or omissions:
(a) Demanding, directly, or indirectly, the
payment of sums different from or
larger than those authorized by law.
(b) Failing voluntarily to issue a receipt,
as provided by law, for any sum of
money collected by him officially.
(c) Collecting or receiving, directly or
indirectly, by way of payment or otherwise
things or objects of a nature different from
that provided by law.
When the culprit is an officer or employee of the
Bureau of Internal Revenue or the Bureau of
Customs, the provisions of the Administrative Code
shall be applied.
ELEMENTS OF FRAUDS AGAINST
PUBLIC TREASURY:
1. That the offender be a public officer.
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
67
or settlement of account relating to a
public property or funds.
4. That the accused had intent to
defraud the government.
 The public officer must act in his

official capacity
 The felony is consummated by merely
entering into an agreement with any
interested party or speculator or by
merely making use of any scheme to
defraud the Government
ELEMENTS OF ILLEGAL EXACTIONS:

1. The offender is a public officer
entrusted with the collection of taxes,
licenses, fees and other imposts.
2. He is guilty of any of the following acts
or omissions:
a. demanding, directly or indirectly the
payment of sums different from or
larger than those authorized by law,
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 of a larger or different

amount is sufficient to consummate
the crime. The essence is the
improper collection (damage to gov’t
is not required)
 If sums are received without demanding
the same, a felony under this article is
not committed. However, if the sum is
given as a sort of gift or gratification, the
crime is indirect bribery
 When there is deceit in demanding
larger fees, the crime committed is
estafa
 May be complexed with malversation
 Officers and employees of the BIR or
Customs are not covered by the
article
 The NIRC of Administrative Code is
the applicable law
68 Art. 214. Other frauds — In addition to the penalties

prescribed in the provisions of Chapter Six, Title Ten,

Book Two, of this Code, the penalty of temporary
special disqualification in its maximum period to
perpetual special disqualification shall be imposed
upon any public officer who, taking advantage of his
official position, shall commit any of the frauds or
deceits enumerated in said provisions.
This provisions is applicable to experts, arbitrators
and private accountants who, in like manner, shall
take part in any contract or transaction connected
with the estate or property in appraisal, distribution or
adjudication of which they shall have acted, and to
the guardians and executors with respect to the
property belonging to their wards or estate.
ELEMENTS: WHO ARE LIABLE:
1. That the offender is a public officer. 1. Public officer – in any contract or
2. That he takes advantage of his official business in which it is his official duty to
position. intervene.
3. That he commits any of the frauds or 2. Experts, arbitrators and private
deceits enumerated in art. 315 and 316. accountants – in any contract or
(estafa; swindling) transaction connected with the estate or
Note: RTC has jurisdiction over the offense property in the approval, distribution or
because the principal penalty is adjudication of which they had acted.
disqualification 3. Guardians and executors – with respect
to property belonging to their wards or the
Art. 215. Prohibited transactions — The penalty of estate.
prision correccional in its maximum period or a fine NOTES:
ranging from 200 to 1,000 pesos, or both, shall be
imposed upon any appointive public officer who, a. Actual fraud is not necessary.
during his incumbency, shall directly or indirectly b. Act is punished because of the possibility
become interested in any transaction of exchange or that fraud may be committed or that the
speculation within the territory subject to his officer may place his own interest above
jurisdiction.
that of the Government or party which he
ELEMENTS:
represents
1. That the offender is an appointive
public officer. AN ACT DEFINING AND PENALIZING
2. That he becomes interested, directly or THE CRIME OF PLUNDER
indirectly, in any transaction of exchange RA 7080
or speculation. 1. Definition of Ill-gotten wealth:
3. That the transaction takes place
within the territory subject to his
Any asset, property, business enterprise or
jurisdiction.
material possession of any person acquired
4. That he becomes interested in the
by him directly or indirectly through dummies,
transaction during his incumbency.
nominees, agents, subordinates, and/or
business associates by any combination or
 Examples of transactions of exchange or
series of the following means or similar
speculation are: buying and selling
schemes:
stocks, commodities, land etc wherein
1) Through misappropriation,
one hopes to take advantage of an
conversion, misuse or malversation
expected rise or fall in price
of public funds or raids on the public
 Purchasing of stocks or shares in a
treasury.
company is simple investment and not a
2) By receiving, directly or indirectly, any
violation of the article. However, regularly
commission, gift, share, percentage,
buying securities for resale is speculation
kickbacks or any other form of
Art. 216. Possession of prohibited interest by a
public officer — The penalty of arresto mayor in its
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medium period to prision correccional in its minimum
period, or a fine ranging from 200 to 1,000 pesos, or
both, shall be imposed upon a public officer who
directly or indirectly, shall become interested in any
contract or business in which it is his official duty to
pecuniary benefit from any person
and/or entity in connection with any
government contract or project or
by reason of the office or position of
the public officer concerned;
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3) By the illegal or fraudulent each and every criminal act done by the
conveyance or disposition of assets
belonging to the National Government
or any of its subdivisions, agencies or
instrumentalities or government-
owned or controlled corporations and
their subsidiaries;
4) By obtaining, receiving or accepting,
directly or indirectly, any shares of
stock, equity or any other form of
interest or participation, including
the promise of future employment in
any business enterprise or
undertaking.
5) By establishing agricultural, industrial
or commercial monopolies or other
combinations, and/or implementation
of decrees and orders intended to
benefit particular persons or special
interests;
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 or
prejudice of the Filipino people and
the Republic of the Philippines.
2. Persons Liable:
1) Any public officer who, by himself or
in connivance with members of his
family, relatives by affinity or
consanguinity, business associates
and subordinates or other persons,
amasses, accumulates, or acquires ill-
gotten wealth through a combination
or series of overt or criminal acts as
described under (I) in the aggregate
amount or total value of at least 50
million pesos, shall be guilty of the
crime of plunder (as amended by RA
7659).
2) Any person who participated with the
said public officer in the commission
of plunder.
3. Jurisdiction: All prosecutions under this At
shall be within the original jurisdiction of
the Sandiganbayan.
4. Rule of Evidence:
For purposes of establishing the crime of

plunder, it shall not be necessary to prove
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accused in furtherance of the scheme and
conspiracy to amass, accumulate or acquire
ill-gotten wealth, it being sufficient to
establish beyond reasonable doubt a pattern
of overt
or criminal acts indicative of the overall
unlawful scheme or conspiracy.
5. Prescription of Crime:
The crime of plunder 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, laches or estoppel.
CHAPTER 4: MALVERSATION OF PUBLIC FUNDS

OR PROPERTY
Art. 217. Malversation of public funds or property;

Presumption of malversation — Any public officer
who, by reason of the duties of his office, is
accountable for public funds or property, shall
appropriate the same or shall take or misappropriate
or shall consent, through abandonment or
negligence, shall permit any other person to take
such public funds, or property, wholly or partially, or
shall otherwise be guilty of the misappropriation or
malversation of such funds or property, shall suffer:
1. The penalty of prision correccional in its medium

and maximum periods, if the amount involved in the
misappropriation or malversation does not exceed
two hundred pesos.
2. The penalty of prision mayor in its minimum and

medium periods, if the amount involved is more than
two hundred pesos but does not exceed six
thousand pesos.
3. The penalty of prision mayor in its maximum

period to reclusion temporal in its minimum period, if
the amount involved is more than six thousand pesos
but is less than twelve thousand pesos.
4. The penalty of reclusion temporal, in its medium

and maximum periods, if the amount involved is more
than twelve thousand pesos but is less than twenty-
two thousand pesos. If the amount exceeds the
latter, the penalty shall be reclusion temporal in its
maximum period to reclusion perpetua.
In all cases, persons guilty of malversation shall also

suffer the penalty of perpetual special disqualification
and a fine equal to the amount of the funds
malversed or equal to the total value of the property
embezzled.
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any public funds or property with which he is a. when they are in conspiracy with
chargeable, upon demand by any duly authorized public officers; and
officer, shall be prima facie evidence that he has put
such missing funds or property to personal use. (As b. when they have charge of national,
amended by RA 1060). provincial or municipal funds,
ELEMENTS: revenues or property in any capacity
1. That the offender be a public officer (or  In malversation through negligence, the
private person if entrusted with public negligence of the accountable public
funds or connived with public officers) officer must be positively and clearly
2. That he had the custody or control of shown to be inexcusable,
funds or property (if not accountable for approximating fraud or malice
the funds, theft or qualified theft)  The measure of negligence to be
3. That those funds or property were public observed is the standard of care
funds or property (even if private funds if commensurate with the occasion
attached, seized, deposited or  When malversation is not committed
commingled with public funds) through negligence, lack of criminal intent
4. That he: or good faith is a defense
a. Appropriated the funds or property  The failure of a public officer to have any
b. Took or misappropriated them duly forthcoming public funds or property
c. Consented or, through abandonment upon demand, by any authorized officer,
or negligence, permitted any other shall be prima facie evidence that he has
person to take such public funds or put such missing funds or property to
property. (it is not necessary that the personal use. However, if at the very
offender profited thereby. His being moment when the shortage is discovered,
remiss in the duty of safekeeping the accountable officer is notified, and he
public funds violates the trust immediately pays the amount from his
reposed) pocket, the presumption does not arise
 Returning the embezzled funds is not
 Malversation is otherwise called exempting, it is only mitigating
embezzlement  There is also no malversation when the
 It can be committed either with malice or accountable officer is obliged to go out
through negligence or imprudence of his office and borrow the amount
 In determining whether the offender is a corresponding to the shortage and later,
public officer, what is controlling is the the missing amount is found in an
nature of his office and not the unaccustomed place
designation  A person whose negligence made
 The funds or property must be received possible the commission of malversation
in an official capacity. Otherwise, the by another can be held liable as a
crime committed is estafa principal by indispensable cooperation
 When a public officer has official custody  Demand as well as damage to the
or the duty to collect or receive funds government are not necessary elements
due the government, or the obligation to Malversation (217) Estafa with Abuse of
account for them, his misappropriation of Confidence (315)
the same constitutes malversation Funds or property usually public Funds/property are
always private
 A public officer who has qualified charge
Offender is usually a public Offender is a private
of gov’t property without authority to part officer who is accountable for individual or even a
with its physical possession upon order the public funds/property public officer who is
of an immediate superior, he cannot be not accountable for
held liable under this article public funds/property
Crime is committed by Crime is committed by
 Private individuals can also be held liable approaching, taking, or misappropriating,
for malversation under 2 circumstances: misappropriating/consenting, or converting, or denying
73
through abandonment or having received

money, goods or other
personal property
penalty of prision correccional in its minimum period

or a fine ranging from one-half to the total of the sum
misapplied, if by reason of such misapplication, any
damages or embarrassment shall have resulted to
the public service. In either case, the offender shall
also
Art.suffer the penalty
218. Failure of temporaryofficer
of accountable specialto render
disqualification.
accounts — Any public officer, whether in the
service or separated therefrom by resignation or any
Ifother cause, or
no damage who is required by to
embarrassment lawthe
or public
regulation to
service
render
has account
resulted, theto the Insular
penalty shall Auditor,
be a fineorfrom
to a5 to 50
provincial
per cent of auditor
the sumand who fails to do so for a period
misapplied.
of two months after such accounts should be ELEMENTS (technical malversation):
rendered, shall be punished by prision correccional in 1. That the offender is a public officer.
its minimum period, or by a fine ranging from 200 to
2. That there is public fund or property under
6,000 pesos, or both.
ELEMENTS: his administration.
1. That the offender is a public officer, 3. That such public fund or property has
whether in the service or separated been appropriated by law or ordinance
therefrom. (without this, it is simple malversation
2. That he must be an accountable officer even if applied to other public
for public funds property. purpose).
3. That he is required by law or regulation to 4. That he applies the same to a public use
render accounts to the commission on other than for which such fund or property
audit, or to a provincial auditor. has been appropriated by law or
4. That he fails to do so for a period of two ordinance.
months after such accounts should be  To distinguish this article with Art 217, just
rendered. remember that in illegal use of public
Note: Demand and misappropriation are not funds or property, the offender does not
necessary derive any personal gain, the funds are
merely devoted to some other public use
 Absence of damage is only a
mitigating circumstance
Art. 219. Failure of a responsible public officer to
render accounts before leaving the country — Any
public officer who unlawfully leaves or attempts to
leave the Philippine Islands without securing a
certificate from the Insular Auditor showing that his
accounts have been finally settled, shall be punished
by arresto mayor, or a fine ranging from 200 to 1,000
pesos or both.
ELEMENTS: accounts have been finally settled.
1. That the offender is a public officer. Note: The act of leaving the Philippines must
2. That he must be an accountable officer be unauthorized or not permitted by law
for public funds or property.
3.
Art. That he must
220. Illegal use ofhave unlawfully
public left (or be
funds or property —
Any on
public
theofficer
pointwhoof shall applythe
leaving) any Philippines
public fund or
property under his administration to any public use
without securing from the Commission on
other than for which such fund or property were
Audit a by
appropriated certificate showing
law or ordinance shallthat histhe
suffer
74
Art. 221. Failure to make delivery of public funds
or property — Any public officer under obligation to
make payment from Government funds in his
CRIMINAL LAW BOOK 2 REVIEWER possession, who shall fail to make such payment,
ATENEO CENTRAL BAR OPERATIONS 2001 shall be punished by arresto mayor and a fine from 5
to 25 per cent of the sum which he failed to pay.
This provision shall apply to any public officer who,

being ordered by competent authority to deliver any
property in his custody or under his administration,
shall refuse to make such delivery.
The fine shall be graduated in such case by the value

of the thing, provided that it shall not less than 50
pesos.
ELEMENTS:
1. Offender has gov’t funds or property in
his possession
2. He is under obligation to either:
a. make payment from such funds
b. to deliver property in his custody
or administration when ordered
by competent authority
75
3. He maliciously fails or refuses to do 2. That he is charged with the conveyance

so Note: Penalty is based on value of or custody of a prisoner, either detention
funds/property to be delivered prisoner or prisoner by final judgment.
3. That such prisoner escaped from his
Art. 222. Officers included in the preceding
provisions — The provisions of this chapter shall custody
apply to private individuals who in any capacity 4. That he was in connivance with the
whatever, have charge of any insular, provincial or prisoner in the latter’s escape
municipal funds, revenues, or property and to any
administrator or depository of funds or property
attached, seized or deposited by public authority,
 Detention prisoner: refers to a person
even if such property belongs to a private individual. in legal custody, arrested for and
PERSONS WHO MAY BE HELD LIABLE charged with some crime or public
UNDER ARTS 217 TO 221: offense
1. Private individual who, in any capacity,  The release of a detention prisoner who
have charge of any national, provincial or could not be delivered to judicial
municipal funds, revenue, or property authorities within the time fixed by law is
2. Administrator or depositary of funds or not infidelity in the custody of a prisoner.
property that has been attached, seized Neither is mere leniency or laxity in the
or deposited by public authority, even if performance of duty constitutive of
owned by a private individual infidelity
 There is real and actual evasion of
 Sheriffs and receivers fall under the term service of sentence when the custodian
―administrator‖ permits the prisoner to obtain a relaxation
 A judicial administrator in charge of of his imprisonment
settling the estate of the deceased is
not covered by the article Art. 224. Evasion through negligence — If the
evasion of the prisoner shall have taken place
through the negligence of the officer charged with the
CHAPTER 5: INFIDELITY OF PUBLIC OFFICERS conveyance or custody of the escaping prisoner, said
officer shall suffer the penalties of arresto mayor in its
Section 1 – Infidelity in the custody of maximum period to prision correccional in its
prisoners minimum period and temporary special
disqualification.
Art. 223. Conniving with or consenting to evasion ELEMENTS:
— Any public officer who shall consent to the escape 1. That the offender is a public officer.
of a prisoner in his custody or charge, shall be 2. That he is charged with the conveyance
punished: or custody of a prisoner, either detention
prisoner or prisoner by final judgment.
1. By prision correccional in its medium and 3. That such prisoner escapes through his
maximum periods and temporary special
disqualification in its maximum period to perpetual negligence.
special disqualification, if the fugitive shall have been 4. Penalty based on nature of imprisonment
sentenced by final judgment to any penalty.
 The article punishes a definite laxity
2. By prision correccional in its minimum period and which amounts to deliberate non-
temporary special disqualification, in case the performance of a duty
fugitive shall not have been finally convicted but only
held as a detention prisoner for any crime or violation  The fact that the public officer recaptured
of law or municipal ordinance. the prisoner who had escaped from his
ELEMENTS: custody does not afford complete
1. That the offender is a public officer (on exculpation
duty).  The liability of an escaping prisoner:
a. if he is a prisoner by final judgment,
he is liable for evasion of service (art
157)
76
b. if he is a detention prisoner, he does 3. That the said document or paper should

not incur criminal liability (unless have been entrusted to such public officer
cooperating with the offender). by reason of his office.
4. That damage, whether serious or not, to a
Art. 225. Escape of prisoner under the custody of
a person not a public officer — Any private person
third party or to the public interest should
to whom the conveyance or custody or a prisoner or have been caused.
person under arrest shall have been confided, who
shall commit any of the offenses mentioned in the  The document must be complete and one
two preceding articles, shall suffer the penalty next
lower in degree than that prescribed for the public
by which a right could be established or
ELEMENTS: an obligation could be extinguished
1. That the offender is a private person  Books, periodicals, pamphlets etc are not
(note: must be on duty) documents
2. That the conveyance or custody of a  ―Papers‖ would include checks,
prisoner or person under arrest is promissory notes and paper money
confined to him.  A post office official who retained the mail
3. That the prisoner or person under arrest without forwarding the letters to their
escapes. destination is guilty of infidelity in the
4. That the offender consents to the custody of papers
escape of the prisoner or person under  Removal of a document or paper must be
arrest, or that the escape takes place for an illicit purpose. There is illicit
through his negligence purpose when the intention of the
NOTE: This article is not applicable if a offender is to:
private person made the arrest and he a. tamper with it
consented to the escape of the person he b. to profit by it
arrested c. to commit any act constituting a
breech of trust in the official thereof
Section 2 – Infidelity in the custody of  Removal is consummated upon removal
document or secreting away of the document from
its usual place. It is immaterial whether or
not the illicit purpose of the offender has
been accomplished
Art. 226. Removal, concealment or destruction of  Infidelity in the custody of documents
documents — Any public officer who shall remove,
destroy or conceal documents or papers officially through destruction or concealment does
entrusted to him, shall suffer: not require proof of an illicit purpose
 Delivering the document to the wrong
1. The penalty of prision mayor and a fine not party is infidelity in the custody
exceeding 1,000 pesos, whenever serious damage thereof
shall have been caused thereby to a third party or
to the public interest.
 The damage may either be great or small
 The offender must be in custody of such
2. The penalty of prision correccional in its minimum documents
and medium period and a fine not exceeding 1,000
pesos, whenever the damage to a third party or to
Art. 227. Officer breaking seal — Any public officer
the public interest shall not have been serious.
charged with the custody of papers or property sealed
by proper authority, who shall break the seals or
In either case, the additional penalty of temporary permit them to be broken, shall suffer the penalties of
special disqualification in its maximum period to prision correccional in its minimum and medium
perpetual disqualification shall be imposed. periods, temporary special disqualification and a fine
ELEMENTS: not exceeding 2,000 pesos.
1. That the offender be a public officer. ELEMENTS:
2. That he abstracts, destroys or conceals 1. That the offender is a public officer.
a document or papers. 2. That he is charged with the custody
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of papers or property.
78
3. That these papers or property are 4. That damage, great or small, be caused
sealed by proper authority. to the public interest. (damage is
4. That he breaks the seals or permits them essential)
to be broken.
 Secret must affect public interest
 It is the breaking of the seals and not
 Secrets of a private individual is not
the opening of a closed envelope which
included
is punished
 Espionage for the benefit of another
 Damage or intent to cause damage is
State is not contemplated by the article. If
not necessary; damage is presumed
regarding military secrets or secrets
Art. 228. Opening of closed documents — Any
affecting state security, the crime may be
public officer not included in the provisions of the next espionage.
preceding article who, without proper authority, shall
open or shall permit to be opened any closed papers, ELEMENTS; delivering wrongfully papers or
documents or objects entrusted to his custody, shall copies of papers of which he may have charge and
suffer the penalties or arresto mayor, temporary which should not be published
special disqualification and a fine of not exceeding 1. That the offender is a public officer.
2,000 pesos.
2. That he has charge of papers.
ELEMENTS:
3. That those papers should not be
1. That the offender is a public officer.
published.
2. That any closed papers, documents, or
4. That he delivers those papers or copies
objects are entrusted to his custody.
thereof to a third person.
3. That he opens or permits to be opened
said closed papers, documents or 5. That the delivery is wrongful.
objects. 6. That damage be caused to public interest.
4. That he does not have proper authority.
NOTE: Damage also not necessary  ―Charge‖: means custody or control. If
he is merely entrusted with the papers
Section 3 – Revelation of secrets and not with the custody thereof, he is
not liable under this article
 If the papers contain secrets which should
Art. 229. Revelation of secrets by an officer — not be published, and the public officer
Any public officer who shall reveal any secret known having charge thereof removes and
to him by reason of his official capacity, or shall delivers them wrongfully to a third person,
wrongfully deliver papers or copies of papers of
which he may have charge and which should not be
the crime is revelation of secrets. On the
published, shall suffer the penalties of prision other hand, if the papers do not contain
correccional in its medium and maximum periods, secrets, their removal for an illicit purpose
perpetual special disqualification and a fine not is infidelity in the custody of documents
exceeding 2,000 pesos if the revelation of such
secrets or the delivery of such papers shall have
 Damage is essential to the act committed
caused serious damage to the public interest;
otherwise, the penalties of prision correccional in its Art. 230. Public officer revealing secrets of
minimum period, temporary special disqualification private individual — Any public officer to whom the
and a fine not exceeding 50 pesos shall be imposed. secrets of any private individual shall become known
by reason of his office who shall reveal such secrets,
ELEMENTS: by reason of his official capacity shall suffer the penalties of arresto mayor and a fine
1. That the offender is a public officer. not exceeding 1,000 pesos.
2. That he knows of a secret by reason ELEMENTS:
of his official capacity. 1. That the offender is a public officer
3. That he reveals such secret without 2. That he knows of the secret of a
authority or justifiable reasons. private individual by reason of his
office.
3. That he reveals such secrets without
79
authority or justification reason.
80
 Revelation to one person is sufficient 4. That the offender disobeys his superior
 If the offender is an attorney, he is despite the disapproval of the
properly liable under Art 209 (betrayal suspension.
of trust by an attorney) NOTE: A public officer is not liable if the order
 Damage to private individual is not of the superior is illegal
necessary
Art. 233. Refusal of assistance — The penalties of
arresto mayor in its medium period to prision
CHAPTER 6: OTHER OFFENSES OR correccional in its minimum period, perpetual special
IRREGULARITIES BY PUBLIC OFFICERS disqualification and a fine not exceeding 1,000 pesos,
shall be imposed upon a public officer who, upon
Art. 231. Open disobedience — Any judicial or demand from competent authority, shall fail to lend
executive officer who shall openly refuse to execute his cooperation towards the administration of justice
the judgment, decision or order of any superior or other public service, if such failure shall result in
authority made within the scope of the jurisdiction of serious damage to the public interest, or to a third
the latter and issued with all the legal formalities, shall party; otherwise, arresto mayor in its medium and
suffer the penalties of arresto mayor in its medium maximum periods and a fine not exceeding 500
period to prision correccional in its minimum period, pesos shall be imposed.
temporary special disqualification in its maximum ELEMENTS:
period and a fine not exceeding 1,000 pesos.
ELEMENTS:
2. That a competent authority demands from
1. That the offender is a judicial or executive
the offender that he lend his cooperation
officer.
towards the administration of justice or
2. That there is a judgment, decision or
other public service.
order of superior authority.
3. That the offender fails to do so
3. That such judgment, decision or order
maliciously.
was made within the scope of the
jurisdiction of the superior authority and
 Involves a request from one public officer
issued with all the legal formalities.
to another
4. That the offender without any legal
justification openly refuses to execute the  Damage to the public interest or
said judgment, decision or under which third party is essential
he is duty bound to obey.  Demand is necessary
NOTE: Judgment should have been rendered
Art. 234. Refusal to discharge elective office —
in a hearing and issued within proper The penalty of arresto mayor or a fine not exceeding
jurisdiction with all legal solemnities required 1,000 pesos, or both, shall be imposed upon any
person who, having been elected by popular election
Art. 232. Disobedience to order of superior to a public office, shall refuse without legal motive to
officers, when said order was suspended by be sworn in or to discharge the duties of said office.
inferior officer — Any public officer who, having for ELEMENTS:
any reason suspended the execution of the orders of 1. That the offender is elected by popular
his superiors, shall disobey such superiors after the
latter have disapproved the suspension, shall suffer
election to a public office.
the penalties of prision correccional in its minimum 2. That he refuses to be sworn in or
and medium periods and perpetual special discharge the duties of said office.
disqualification. 3. That there is no legal motive for such
ELEMENTS: refusal to be sworn in or to discharge the
That the offender is a public officer. duties of said office.
1. That an order is issued by his superior for NOTE: Even if the person did not run for the
execution. office on his own will as the Constitution
2. That he has for any reason suspended provides that every citizen may be required to
the execution of such order. render service
3. That his superior disapproves the
suspension of the execution of the order. Art. 235. Maltreatment of prisoners — The penalty
of arresto mayor in its medium period to prision
81
correccional in its minimum period, in addition to his required by law, shall be suspended from such office
liability for the physical injuries or damage caused, or employment until he shall have complied with the
shall be imposed upon any public officer or employee respective formalities and shall be fined from 200 to
who shall overdo himself in the correction or handling 500 pesos.
of a prisoner or detention prisoner under his charge, ELEMENTS:
by the imposition of punishment not authorized by the 1. That the offender is entitled to hold a
regulations, or by inflicting such punishment in a cruel
and humiliating manner. public office or employment, either by
election or appointment.
If the purpose of the maltreatment is to extort a 2. That the law requires that he should first
confession, or to obtain some information from the be sworn in and/or should first give a
prisoner, the offender shall be punished by prision bond.
correccional in its minimum period, temporary special 3. That he assumes the performance of
disqualification and a fine not exceeding 500 pesos,
in addition to his liability for the physical injuries or the duties and powers of such office.
damage caused. 4. That he has not taken his oath of office
ELEMENTS: and./or given the bond required by law.
employee. Art. 237. Prolonging performance of duties and
powers — Any public officer shall continue to
2. That he has under charge a prisoner or exercise the duties and powers of his office,
detention prisoner (otherwise the crime is employment or commission, beyond the period
physical injuries) provided by law, regulation or special provisions
3. That he maltreats such prisoner in either applicable to the case, shall suffer the penalties of
of the following manners: prision correccional in its minimum period, special
temporary disqualification in its minimum period and
a. by overdoing himself in the correction a fine not exceeding 500 pesos.
or handling of a prisoner or detention ELEMENTS:
prisoner under his charge either – 1. That the offender is holding a public
 by the imposition of punishments office.
not authorized by the regulations, 2. That the period provided by law,
or regulations or special provisions for
 by inflicting such punishments holding such office has already expired.
(those authorized) in a cruel and 3. That he continues to exercise the duties
humiliating manner, or and powers of such office.
b. by maltreating such prisoner to extort NOTE: The article contemplates officers who
a confession or to obtain some have been suspended, separated or
information from the prisoner. declared over-aged or dismissed
 The public officer must have actual Art. 238. Abandonment of office or position —
charge of the prisoner in order to be held Any public officer who, before the acceptance of his
liable resignation, shall abandon his office to the detriment
of the public service shall suffer the penalty of arresto
 To be considered a detention prisoner, mayor.
the person arrested must be placed in jail
even for just a short while If such office shall have been abandoned in order to
 Offender may also be held liable for evade the discharge of the duties of preventing,
prosecuting or punishing any of the crime falling
physical injuries or damage caused within Title One, and Chapter One of Title Three of
Book Two of this Code, the offender shall be
Section 2 – Anticipation, prolongation and punished by prision correccional in its minimum and
abandonment of the duties and powers of medium periods, and by arresto mayor if the purpose
of such abandonment is to evade the duty of
public office
preventing, prosecuting or punishing any other
ELEMENTS:
Art. 236. Anticipation of duties of a public office —
Any person who shall assume the performance of the 1. That the offender is a public officer.
duties and powers of any public officer or employment 2. That he formally resigns from his position.
without first being sworn in or having given the bond
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3. That his resignation has not yet been 1. That the offender is an executive or
accepted. judicial officer.
4. That he abandons his office to the 2. That he (a.) makes general rules or
detriment of the public service. regulations beyond the scope of his
authority or (b.) attempts to repeal a law
 There must be formal or written or (c.) suspends the execution thereof.
resignation
 The offense is qualified if the purpose Art. 240. Usurpation of executive functions —
behind the abandonment is to evade the Any judge who shall assume any power
discharge of duties consisting of
pertaining to the executive authorities, or shall
preventing, prosecuting or punishing any
obstruct the latter in the lawful exercise of their
of the crimes against national security.
The penalty is higher. This involves the powers, shall suffer the penalty of arresto
following crimes: mayor in its medium period to prision
1) treason correccional in its minimum period.
2) conspiracy and proposal to commit ELEMENTS:
conspiracy 1. That the offender is a judge.
3) misprision of treason 2. That he (a.) assumes a power pertaining
4) espionage to the executive authorities, or (b.)
5) inciting to war or giving motives to obstructs executive authorities in the
reprisals lawful exercise of their powers.
6) violation of neutrality NOTE: Legislative officers are not liable for
7) correspondence with hostile country usurpation of executive functions
8) flight to enemy country
9) piracy and mutiny on the high seas Art. 241. Usurpation of judicial functions — The
penalty of arresto mayor in its medium period to
10) rebellion prision correccional in its minimum period and shall
11) conspiracy and proposal to commit be imposed upon any officer of the executive branch
rebellion of the Government who shall assume judicial powers
12) disloyalty to public officers or shall obstruct the execution of any order or
13) inciting to rebellion decision rendered by any judge within its jurisdiction.
14) sedition ELEMENTS:
15) conspiracy to commit sedition 1. That the offender is an officer of the
16) inciting to sedition executive branch of the government.
Abandonment of Office or Dereliction of Duty (208) 2. That he (a.) assumes judicial powers, or
Position (238) (b.) obstruct the execution of any order
There is actual Public officer does not decision rendered by any judge within his
abandonment through abandon his office but jurisdiction.
resignation to evade the merely fails to prosecute a
discharge of duties. violation of the law. NOTE: A mayor is guilty under this article
when he investigates a case while a justice of
the peace is in the municipality
Section 3 – Usurpation of powers and
unlawful appointments
Art. 242. Disobeying request for disqualification
— Any public officer who, before the question of
Art. 239. Usurpation of legislative powers — The jurisdiction is decided, shall continue any proceeding
penalties of prision correccional in its minimum after having been lawfully required to refrain from so
period, temporary special disqualification and a fine doing, shall be punished by arresto mayor and a fine
not exceeding 1,000 pesos, shall be imposed upon not exceeding 500 pesos.
any public officer who shall encroach upon the ELEMENTS:
powers of the legislative branch of the Government, 1. That the offender is a public officer.
either by making general rules or regulations beyond 2. That a proceeding is pending before such
the scope of his authority, or by attempting to repeal public officer.
a law or suspending the execution thereof.
ELEMENTS:
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3. That there is a question brought before disqualification shall be imposed:

the proper authority regarding his
jurisdiction, which is not yet decided. 1. Upon any public officer who shall solicit or make
4. That he has been lawfully required to immoral or indecent advances to a woman interested
in matters pending before such officer for decision, or
refrain from continuing the proceeding. with respect to which he is required to submit a
5. That he continues the proceeding. report to or consult with a superior officer;
Art. 243. Orders or requests by executive officers 2. Any warden or other public officer directly
to any judicial authority — Any executive officer charged with the care and custody of prisoners or
who shall address any order or suggestion to any persons under arrest who shall solicit or make
judicial authority with respect to any case or business immoral or indecent advances to a woman under his
coming within the exclusive jurisdiction of the courts custody.
of justice shall suffer the penalty of arresto mayor
and a fine not exceeding 500 pesos.
If the person solicited be the wife, daughter, sister of
ELEMENTS: relative within the same degree by affinity of any
1. That the offender is an executive officer. person in the custody of such warden or officer, the
2. That the addresses any order or penalties shall be prision correccional in its minimum
suggestion to any judicial authority. and medium periods and temporary special
3. That the order or suggestion relates to ELEMENTS:
any case or business coming within the 1. That the offender is a public officer.
exclusive jurisdiction of the courts of 2. That he solicits or makes immoral or
justice. indecent advances to a woman.
NOTE: Legislative or judicial officers are not 3. That such woman must be –
liable under this article a. interested in matters pending before
the offender for decision, or with
Art. 244. Unlawful appointments — Any public respect to which he is required to
officer who shall knowingly nominate or appoint to submit a report to or consult with a
any public office any person lacking the legal superior officer, or
qualifications therefor, shall suffer the penalty of b. under the custody of the offender who
arresto mayor and a fine not exceeding 1,000 pesos.
is a warden or other public officer
ELEMENTS:
directly charged with care and custody
of prisoners or person under arrest, or
2. That he nominates or appoints a person
c. the wife, daughter, sister or relative
to a public office.
within the same degree by affinity
3. That such person lacks the legal
of the person in the custody of the
qualification therefor.
offender
4. That the offender knows that his nominee
or appointee lacks the qualification at the
time he made the nomination or  The mother of the person in the custody
appointment. of the public officer is not included
 Solicit: means to propose earnestly and
 Recommending, knowing that the person persistently something unchaste and
recommended is not qualified is not a immoral to a woman
crime  The advances must be immoral or
 There must be a law providing for the indecent
qualifications of a person to be  The crime is consummated by mere
nominated or appointed to a public office proposal
 Proof of solicitation is not necessary when
Section 4 – Abuses against chastity there is sexual intercourse
Art. 245. Abuses against chastity; Penalties — The TITLE EIGHT

penalties of prision correccional in its medium and CRIMES AGAINST
maximum periods and temporary special PERSONS
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CHAPTER 1: DESTRUCTION OF LIFE daughters under eighteen years of age, and their
seducer, while the daughters are living with their
parents.
Section 1 – Parricide, murder, homicide
Any person who shall promote or facilitate the
Art. 246. Parricide — Any person who shall kill his prostitution of his wife or daughter, or shall otherwise
father, mother, or child, whether legitimate or have consented to the infidelity of the other spouse
illegitimate, or any of his ascendants, or shall not be entitled to the benefits of this article.
descendants, or his spouse, shall be guilty of Art. 247. Death or physical injuries inflicted under
parricide and shall be punished by the penalty of exceptional circumstances — Any legally married
reclusion perpetua to death. person who having surprised his spouse in the act of
ELEMENTS: committing sexual intercourse with another person,
1. That a person is killed. shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any
2. That the deceased is killed by the serious physical injury, shall suffer the penalty of
accused. destierro.
3. That the deceased is the father, mother,
or child, whether legitimate or illegitimate, If he shall inflict upon them physical injuries of any
or a legitimate other ascendant or other other kind, he shall be exempt from punishment.
descendant, or the legitimate spouse of
the accused. These rules shall be applicable, under the same
circumstances, to parents with respect to their
 The relationship of the offender with the
victim is the essential element of the
felony
 Parents and children are not included in
the term ―ascendants‖ or ―descendants‖
 The other ascendant or descendant must
be legitimate. On the other hand, the
father, mother or child may be legitimate
or illegitimate
 The child should not be less than 3 days
old. Otherwise, the offense is infanticide
 Relationship must be alleged
 A stranger who cooperates in
committing parricide is liable for murder
or homicide
 Even if the offender did not know that the
person he had killed is his son, he is still
liable for parricide because the law does
not require knowledge of the relationship
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REQUISITES:
1. A legally married person or parent
surprises his spouse or daughter
(the latter must be under 18 and
living with them) in the act of
committing sexual intercourse with
another person
2. He/she kills any or both of them or
inflicts upon any or both of them any
serious physical injury in the act or
immediately thereafter
3. He has not promoted or facilitated the
prostitution of his wife or daughter, or
that he has not consented to the
infidelity of the other spouse.
 Article does not define or penalize

a felony
 Not necessary that the parent
be legitimate
 Article applies only when the daughter
is single
 Surprise: means to come upon
suddenly or unexpectedly
 Art 247 is applicable when the accused
did not see his spouse in the act sexual
intercourse with another person.
However, it is enough that
circumstances reasonably show that
the carnal act is being committed or
has been committed
 Sexual intercourse does not
include preparatory acts
 Immediately thereafter: means that the
discovery, escape, pursuit and the
killing must all form parts of one
continuous act
 The killing must be the direct by-
product of the rage of the accused
 No criminal liability is incurred when
less serious or slight physical injuries
are inflicted. Moreover, in case third
persons caught in the crossfire suffer
physical injuries, the accused is not
liable. The principle that one is liable
for the consequences of his felonious
act is not
86
applicable because he is not committing of the victim or outraging or scoffing at

a felony his person or corpse
4. The killing is not parricide or infanticide.
Art. 248. Murder. — Any person who, not falling  The victim must be killed in order to
within the provisions of Article 246 shall kill another, consummate the offense. Otherwise, it
shall be guilty of murder and shall be punished by would be attempted or frustrated
reclusion temporal in its maximum period to death, if murder
committed with any of the following attendant
circumstances:  Murder will exist with only one of the
1. With treachery, taking advantage of superior circumstances. The other circumstances
strength, with the aid of armed men, or employing are absorbed or included in one qualifying
means to weaken the defense or of means or circumstance. They cannot be considered
persons to insure or afford impunity.
2. In consideration of a price, reward, or promise. as generic aggravating circumstances
3. By means of inundation, fire, poison, explosion,  Any of the qualifying circumstances must
shipwreck, stranding of a vessel, derailment or be alleged in the information. Otherwise,
assault upon a street car or locomotive, fall of an they will only be considered as generic
airship, by means of motor vehicles, or with the use
of any other means involving great waste and ruin. aggravating circumstances
4. On occasion of any of the calamities enumerated  Treachery and premeditation are inherent
in the preceding paragraph, or of an earthquake, in murder with the use of poison.
eruption of a volcano, destructive cyclone, epidemic
or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or outraging
or scoffing at his person or corpse.
ELEMENTS: inhumanely augmenting the suffering
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of
the following qualifying circumstances
a. with treachery, taking advantage of
superior strength, with the aid or
armed men, or employing means to
weaken the defense or of means or
persons to insure or afford impunity
b. in consideration of price, reward or
promise
c. by means of inundation, fire, poison,
explosion, shipwreck, stranding of
vessel, derailment or assault upon a
street car or locomotive, fall of airship,
by means of motor vehicles or with
the use of any other means involving
great waste or ruin
d. on occasion of any of the calamities
enumerated in the preceding
paragraph, or of an earthquake,
eruption of a volcano, destructive
cyclone, epidemic or any other public
calamity
e. with evident premeditation
f. with cruelty, by deliberately and
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Art. 249. Homicide — Any person who, not falling
CRIMINAL LAW BOOK 2 REVIEWER within the provisions of Article 246, shall kill another
ATENEO CENTRAL BAR OPERATIONS 2001 without the attendance of any of the circumstances
enumerated in the next preceding article, shall be
deemed guilty of homicide and be punished by
reclusion temporal.
ELEMENTS:
1. That a person was killed.
2. That the accused killed him without
any justifying circumstances.
3. That the accused had the intention to
kill, which is presumed.
4. That the killing was not attended by any
of the qualifying circumstances of
murder, or by that of parricide or
infanticide.
 Intent to kill is conclusively presumed

when death resulted. Hence, evidence
of intent to kill is required only in
attempted or frustrated homicide
 There is no crime of frustrated
homicide through negligence
 When the wounds that caused death
were inflicted by 2 different persons,
even if they were not in conspiracy,
each one of them is guilty of homicide
 In all crimes against persons in which
the death of the victim is an element,
there must be satisfactory evidence of
(1) the fact of death and (2) the identity
of the victim
Art. 250. Penalty for frustrated parricide, murder
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or homicide — The courts, in view of the facts of the  if it is not known who inflicted serious
case, may impose upon the person guilty of the physical injuries on the deceased, all
frustrated crime of parricide, murder or homicide,
defined and penalized in the preceding articles, a persons who used violence upon the
penalty lower by one degree than that which should person of the victim.
be imposed under the provision of Article 50.
Art. 252. Physical injuries inflicted in a
The courts, considering the facts of the case, may tumultuous affray — When in a tumultuous affray
likewise reduce by one degree the penalty which as referred to in the preceding article, only serious
under Article 51 should be imposed for an attempt to physical injuries are inflicted upon the participants
commit any of such crimes. thereof and the person responsible thereof cannot be
identified, all those who appear to have used violence
upon the person of the offended party shall suffer the
Art. 251. Death caused in a tumultuous affray —
penalty next lower in degree than that provided for
When, while several persons, not composing groups
the physical injuries so inflicted.
organized for the common purpose of assaulting and
attacking each other reciprocally, quarrel and assault
each other in a confused and tumultuous manner, When the physical injuries inflicted are of a less
and in the course of the affray someone is killed, and serious nature and the person responsible therefor
it cannot be ascertained who actually killed the cannot be identified, all those who appear to have
deceased, but the person or persons who inflicted used any violence upon the person of the offended
serious physical injuries can be identified, such party shall be punished by arresto mayor from five to
person or persons shall be punished by prision fifteen days.
mayor. ELEMENTS:
1. That there is a tumultuous affray as
If it cannot be determined who inflicted the serious referred to in the preceding article.
physical injuries on the deceased, the penalty of 2. That a participant or some participants
prision correccional in its medium and maximum thereof suffer serious physical injuries or
periods shall be imposed upon all those who shall
have used violence upon the person of the victim. physical injuries of a less serious nature
ELEMENTS OF ART. 251: only.
1. That there be several persons. 3. That the person responsible therefor
2. That they did not compose groups cannot be identified.
organized for the common purpose 4. That all those who appear to have used
of assaulting and attacking each violence upon the person of the offended
other reciprocally. party are known.
3. That these several persons quarreled and
assaulted one another in a confused and Art. 253. Giving assistance to suicide — Any
person who shall assist another to commit suicide
tumultuous manner. shall suffer the penalty of prision mayor; if such
4. That someone was killed in the course of person leads his assistance to another to the extent
the affray. of doing the killing himself, he shall suffer the penalty
5. That it cannot be ascertained who of reclusion temporal. However, if the suicide is not
actually killed the deceased. consummated, the penalty of arresto mayor in its
medium and maximum periods, shall be imposed.
6. That the person or persons who
ACTS PUNISHABLE:
inflicted serious physical injuries or who
1. Assisting another to commit suicide,
used violence can be identified.
whether the suicide is consummated or
not
 Tumultuous affray exists hen at least 4 2. Lending his assistance to another to
persons take part in it commit suicide to the extent of doing the
 When there are 2 identified groups of killing himself.
men who assaulted each other, there is
no tumultuous affray  A person who attempts to commit
 Persons liable are: suicide is not criminally liable
 person/s who inflicted serious physical  A pregnant woman who tried to commit
injuries suicide by means of poison but instead
of
89
dying, the fetus in her womb was Art. 255. Infanticide — The penalty provided for
expelled, is not liable for abortion parricide in Article 246 and for murder in Article 248
 Assistance to suicide is different from shall be imposed upon any person who shall kill any
mercy-killing. Euthanasia/mk is the child less than three days of age.
practice of painlessly putting to death a
If the crime penalized in this article be committed by
person suffering from some incurable the mother of the child for the purpose of concealing
disease. In this case, the person does not her dishonor, she shall suffer the penalty of prision
want to die. A doctor who resorts to correccional in its medium and maximum periods,
euthanasia may be held liable for murder and if said crime be committed for the same purpose
by the maternal grandparents or either of them, the
 Penalty is mitigated if suicide is not
penalty shall be prision mayor.
successful. ELEMENTS:
1. That a child was killed.
Art. 254. Discharge of firearms — Any person who
shall shoot at another with any firearm shall suffer the 2. That the deceased child was less than
penalty of prision correccional in its minimum and three days (72 hours) of age.
medium periods, unless the facts of the case are 3. That the accused killed the said child.
such that the act can be held to constitute frustrated
or attempted parricide, murder, homicide or any other  When the offender is the father, mother or
crime for which a higher penalty is prescribed by any
of the articles of this Code. legitimate ascendant, he shall suffer the
ELEMENTS: penalty prescribed for parricide. If the
1. That the offender discharges a firearm offender is any other person, the penalty
against or at another person. is that for murder. In either case, the
2. That the offender has no intention to kill proper qualification for the offense is
that person. infanticide
 When infanticide is committed by the
 The offender must shoot at another with mother or maternal grandmother in order
any firearm without intention of killing him. to conceal the dishonor, such fact is only
If the firearm is not discharged at a mitigating
person, the act is not punished under this  The delinquent mother who claims that
article she committed the offense to conceal the
 A discharge towards the house of the dishonor must be of good reputation.
victim is not discharge of firearm. On the Hence, if she is a prostitute, she is not
other hand, firing a gun against the house entitled to a lesser penalty because she
of the offended party at random, not has no honor to conceal
knowing in what part of the house the  There is no infanticide when the child was
people were, it is only alarm under art born dead, or although born alive it could
155. not sustain an independent life when it
 Usually, the purpose of the offender is was killed.
only to intimidate or frighten the
offended party Art. 256. Intentional abortion — Any person who
shall intentionally cause an abortion shall suffer:
 Intent to kill is negated by the fact that the 1. The penalty of reclusion temporal, if he shall use
distance between the victim and the any violence upon the person of the pregnant
offender is 200 yards woman.
 A person can be held liable for discharge 2. The penalty of prision mayor if, without using
violence, he shall act without the consent of
even if the gun was not pointed at the the woman.
offended party when it fired for as long as 3. The penalty of prision correccional in its
it was initially aimed at or against the medium and maximum periods, if the woman shall
offended party. ELEMENTS:
1. That there is a pregnant woman.
Section 2 – Infanticide and abortion 2. That violence is exerted, or drugs or
beverages administered, or that the
90
accused otherwise acts upon such a. the pregnant woman herself

pregnant woman. b. any other person, with her consent, or
3. That as a result of the use of violence or c. any of her parents, with her consent
drugs or beverages upon her, or any for the purpose of concealing her
other act of the accused, the fetus dies, dishonor.
either in the womb or after having been
expelled therefrom.  Liability of the pregnant woman is
4. That the abortion is intended.
mitigated if the purpose is to conceal her
dishonor. However, there is no litigation
Art. 257. Unintentional abortion — The penalty of
prision correccional in its minimum and medium for the parents of the pregnant women
period shall be imposed upon any person who shall even if their purpose is to conceal their
cause an abortion by violence, but unintentionally. daughter’s dishonor
ELEMENTS:  In infanticide, parents can avail of the
1. That there is a pregnant woman. mitigating circumstance of concealing the
2. That violence is used upon such pregnant dishonor of their daughter. This is not so
woman without intending an abortion. for art 258
3. That the violence is intentionally exerted.
4. That as a result of the violence that fetus Art. 259. Abortion practiced by a physician or
dies, either in the womb or after having midwife and dispensing of abortives — The
been expelled therefrom. penalties provided in Article 256 shall be imposed in
its maximum period, respectively, upon any physician
or midwife who, taking advantage of their scientific
 Unintentional abortion can also be knowledge or skill, shall cause an abortion or assist
committed through negligence in causing the same.
a. The accused can only be held liable
if he knew that the woman was Any pharmacist who, without the proper prescription
pregnant from a physician, shall dispense any abortive shall
suffer arresto mayor and a fine not exceeding 1,000
b. If there is no intention to cause pesos.
abortion and neither was violence ELEMENTS:
exerted, arts 256 and 257 does not 1. That there is a pregnant woman who has
apply. suffered an abortion.
Art. 258. Abortion practiced by the woman 3. That the offender, who must be a
herself of by her parents — The penalty of prision
correccional in its medium and maximum periods physician or midwife, causes or assists in
shall be imposed upon a woman who shall practice causing the abortion.
abortion upon herself or shall consent that any other 4. That said physician or midwife takes
person should do so. advantage of his or her scientific
knowledge or skill.
Any woman who shall commit this offense to conceal
her dishonor, shall suffer the penalty of prision
correccional in its minimum and medium periods.  It is not necessary that the pharmacist
knew that the abortive would be used to
If this crime be committed by the parents of the cause abortion. What is punished is the
pregnant woman or either of them, and they act with act of dispensing an abortive without the
the consent of said woman for the purpose of proper prescription. It is not necessary
concealing her dishonor, the offenders shall suffer the
that the abortive be actually used
penalty of prision correccional in its medium and
maximum periods.  If the pharmacist knew that the abortive
ELEMENTS: would be used to cause abortion and
1. That there is a pregnant woman who abortion results, he is liable as an
has suffered an abortion. accomplice
3. That the abortion is caused by – Section 3 - Duel
91
1. Challenger
Art. 260. Responsibility of participants in a duel — 2. Instigators
The penalty of reclusion temporal shall be imposed
upon any person who shall kill his adversary in a
duel.
CHAPTER 2: PHYSICAL INJURIES
Art. 262. Mutilation — The penalty of reclusion

If he shall inflict upon the latter physical injuries only,
temporal to reclusion perpetua shall be imposed upon
he shall suffer the penalty provided therefor,
any person who shall intentionally mutilate another by
according to their nature.
depriving him, either totally or partially, or some
essential organ of reproduction.
In any other case, the combatants shall suffer the
penalty of arresto mayor, although no physical
Any other intentional mutilation shall be punished by
injuries have been inflicted.
prision mayor in its medium and maximum periods.
ELEMENTS:
The seconds shall in all events be punished as
ACTS PUNISHED: 1. There be a castration i.e. mutilation
of organs necessary for generation
1. Killing one’s adversary in a duel
2. Mutilation is caused purposely and
2. Inflicting upon the adversary serious
deliberately
physical injuries
3. Making a combat although no physical
KINDS OF MUTILATION
injuries have been inflicted
1. Intentionally mutilating another by
PERSONS LIABLE: depriving him, totally or partially, of
1. Principals – person who killed or inflicted some essential organ for reproduction
2. Intentionally making another mutilation,
physical injuries upon his adversary, or
both combatants in any other cases i.e. lopping, clipping off any part of the
2. Accomplices – as seconds body of the offended party, other than the
essential organ for reproduction, to
deprive him of that part of the body
 Duel: a formal or regular combat
previously concerted between 2 parties in
 In the first kind of mutilation, the
the presence of 2 or more seconds of
castration must be made purposely.
lawful age on each side, who make the
Otherwise, it will be considered as
selection of arms and fix all the other
mutilation of the second kind
conditions of the fight
 Mayhem: refers to any other intentional
 If death results, the penalty is the same
mutilation
as that for homicide
Art. 263. Serious physical injuries — Any person
Art. 261. Challenging to a duel — The penalty of who shall wound, beat, or assault another, shall be
prision correccional in its minimum period shall be guilty of the crime of serious physical injuries and
imposed upon any person who shall challenge shall suffer:
another, or incite another to give or accept a 1. The penalty of prision mayor, if in consequence of
challenge to a duel, or shall scoff at or decry another the physical injuries inflicted, the injured person
publicly for having refused to accept a challenge to shall become insane, imbecile, impotent, or blind;
fight a duel. 2. The penalty of prision correccional in its medium
ACTS PUNISHABLE: and maximum periods, if in consequence of the
1. Challenging another to a duel physical injuries inflicted, the person injured shall
2. Inciting another to give or accept a have lost the use of speech or the power to hear or
challenge to a duel to smell, or shall have lost an eye, a hand, a foot, an
arm, or a leg or shall have lost the use of any such
3. Scoffing at or decrying another publicly member, or shall have become incapacitated for the
for having refused to accept a challenge work in which he was therefor habitually engaged;
to fight a duel 3. The penalty of prision correccional in its
minimum and medium periods, if in consequence of
the physical injuries inflicted, the person injured
PERSONS LIABLE: shall have become deformed, or shall have lost any
92
part of his body, or shall have lost the use thereof, or

shall have been ill or incapacitated for the  Serious physical injuries may be
performance of the work in which he as habitually
engaged for a period of more than ninety days; committed through reckless
4. The penalty of arresto mayor in its maximum imprudence or simple imprudence
period to prision correccional in its minimum period, if  There must be no intent to kill
the physical injuries inflicted shall have caused the  Impotent should include inability to
illness or incapacity for labor of the injured person for
more than thirty days. copulate and sterility
 Blindness requires lost of vision in both
If the offense shall have been committed against any eyes. Mere weakness in vision is not
of the persons enumerated in Article 246, or with contemplated
attendance of any of the circumstances mentioned in  Loss of power to hear must involve
Article 248, the case covered by subdivision number
1 of this Article shall be punished by reclusion
both ears. Otherwise, it will be
temporal in its medium and maximum periods; the considered as serious physical injuries
case covered by subdivision number 2 by prision under par 3
correccional in its maximum period to prision mayor in  Loss of use of hand or incapacity of usual
its minimum period; the case covered by subdivision
work in par 2 must be permanent
number 3 by prision correccional in its medium and
maximum periods; and the case covered by  Par 2 refers to principal members of the
subdivision number 4 by prision correccional in its body. Par 3 on the other hand, covers any
minimum and medium periods. other member which is not a principal part
of the body. In this respect, a front tooth is
The provisions of the preceding paragraph shall not considered as a member of the body,
be applicable to a parent who shall inflict physical
injuries upon his child by excessive chastisement.
other than a principal member
HOW COMMITTED  Deformity: means physical ugliness,
1. Wounding permanent and definite abnormality. Not
2. Beating curable by natural means or by nature. It
3. Assaulting must be conspicuous and visible. Thus, if
4. Administering injurious substances the scar is usually covered by a dress, it
would not be conspicuous and visible
What are serious physical injuries:  The loss of 3 incisors is a visible
1. Injured person becomes insane, imbecile, deformity. Loss of one incisor is not.
impotent or blind However, loss of one tooth which
2. Injured person – impaired appearance is a deformity
a. loses the use of speech or the power  Deformity by loss of teeth refers to injury
to hear or to smell, loses an eye, a which cannot be impaired by the action
hand, foot, arm or leg of the nature
b. loses the use of any such member  Loss of both outer ears constitutes
c. becomes incapacitated for the work deformity and also loss of the power to
in which he had been habitually hear. Meanwhile, loss of the lobule of
engaged the ear is only a deformity
3. Injured person –  Loss of the index and middle fingers is
a. becomes deformed either a deformity or loss of a member,
b. loses any other member of his body not a principal one of his body or use
c. loses the use thereof of the same
d. becomes ill or incapacitated for the  Loss of the power to hear in the right ear
performance of the work in which he is considered as merely loss of use of
had been habitually engaged in for some other part of the body
more than 90 days  If the injury would require medical
4. Injured person becomes ill or attendance for more than 30 days, the
incapacitated for labor for more than 30 illness of the offended party may be
days (but not more than 90 days) considered as lasting more than 30 days.
93
The fact that there was medical
94
attendance for that period of time shows Art. 265. Less serious physical injuries — Any
that the injuries were not cured for that person who shall inflict upon another physical injuries
length of time not described in the preceding articles, but which
 Under par 4, all that is required is illness shall incapacitate the offended party for labor for ten
days or more, or shall require medical assistance for
or incapacity, not medical attendance the same period, shall be guilty of less serious
 In determining incapacity, the injured physical injuries and shall suffer the penalty of arresto
party must have an avocation at the time mayor.
of the injury. Work: includes studies or
preparation for a profession Whenever less serious physical injuries shall have
been inflicted with the manifest intent to kill or offend
 When the category of the offense of the injured person, or under circumstances adding
serious physical injuries depends on the ignominy to the offense in addition to the penalty of
period of the illness or incapacity for arresto mayor, a fine not exceeding 500 pesos shall
labor, there must be evidence of the be imposed.
length of that period. Otherwise, the
offense will only be considered as slight Any less serious physical injuries inflicted upon the
offender’s parents, ascendants, guardians, curators,
physical injuries teachers, or persons of rank, or persons in authority,
 There is no incapacity if the injured party shall be punished by prision correccional in its
could still engage in his work although minimum and medium periods, provided that, in the
less effectively than before case of persons in authority, the deed does not
 Serious physical injuries is qualified when ELEMENTS:
the crime is committed against the same 1. That the offended party is
persons enumerated in the article on incapacitated for labor for 10 days or
parricide or when it is attended by any of more (but not more than 30 days), or
the circumstances defining the crime of needs medical attendance for the
murder. However, serious physical same period of time
injuries resulting from excessive 2. That the physical injuries must not be
chastisement by parents is not qualified those described in the preceding articles
serious physical injuries
 Circumstances qualifying the offense:
Art. 264. Administering injurious substances or a. when there is manifest intent to insult
beverages — The penalties established by the next or offend the injured person
preceding article shall be applicable in the respective b. when there are circumstances adding
case to any person who, without intent to kill, shall ignominy to the offense
inflict upon another any serious, physical injury, by
knowingly administering to him any injurious c. when the victim is either the offender’s
substance or beverages or by taking advantage of his parents, ascendants, guardians,
weakness of mind or credulity. curators or teachers
ELEMENTS: d. when the victim is a person of rank or
1. That the offender inflicted upon another person in authority, provided the
person any serious physical injury crime is not direct assault
2. That it was done knowingly administering  It falls under this article even if there was
to him any injurious substances or no incapacity but the medical treatment
beverages or by taking advantage of his was for 13 days
weakness of mind of credulity
3. He had no intent to kill Art. 266. Slight physical injuries and maltreatment
— The crime of slight physical injuries shall be
punished:
 It is frustrated murder when there is intent 1. By arresto menor when the offender has inflicted
to kill physical injuries which shall incapacitate the
 Administering means introducing into the offended party for labor from one to nine days, or
body the substance, thus throwing of the shall require medical attendance during the same
period.
acid in the face is not contemplated. 2. By arresto menor or a fine not exceeding 20
pesos and censure when the offender has caused
95 physical injuries which do not prevent the offended
assistance. b. the rape is attempted and a homicide is

3. By arresto menor in its minimum period or a committed by reason or on the occasion
fine not exceeding 50 pesos when the offender
shall ill- treat another by deed without causing any
thereof
3 KINDS: DEATH when
1. That which incapacitated the offended homicide is committed
party for labor from 1-9 days or required victim under 18 years and offender is:
medical attendance during the same parent
period ascendant
2. That which did not prevent the offended step-parent
party from engaging in his habitual work guardian
or which did not require medical relative by consanguinity or affinity with the
attendance (ex. Black-eye) 3rd civil degree or
3. Ill-treatment of another by deed without common law spouse of parent of victim
causing any injury (ex. slapping but c. under the custody of the police or military
without causing dishonor) authorities or any law enforcement or penal
institution
committed in full view of the spouse, parent
F. RAPE (ART 355) or any of the children or other relatives within
The Anti-Rape Law of 1997 (RA 8353) now the 3rd degree of consanguinity
classified the crime of rape as Crime Against victim is a religious engaged in legitimate
Persons incorporated into Title 8 of the RPC religious vocation or calling and is personally
to be known as Chapter 3 known to be such by the offender before or at
Elements: Rape is committed the time of the commission of the crime
By a man who have carnal knowledge of a a child below 7 years old
woman under any of the following g. offender knows he is afflicted with HIV or
circumstances: AIDS or any other sexually transmissible
through force, threat or intimidation disease and the virus is transmitted to the
when the offended party is deprived of victim
reason or otherwise unconscious h. offender; member of the AFP, or para-
by means of fraudulent machination or grave military units thereof, or the PNP, or any law
abuse of authority enforcement agency or penal institution,
when the offended party is under 12 years of when the offender took advantage of his
age or is demented, even though none of the position to facilitate the commission of the
circumstances mentioned above be present crime
By any person who, under any of the victim suffered permanent physical mutilation
circumstances mentioned in par 1 hereof, or disability
shall commit an ac of sexual assault by j. the offender knew of the pregnancy of
inserting the offended party at the time of the
his penis into another person’s mouth or anal commission of the crime; and
orifice, or k. when the offender knew of the mental
any instrument or object, into the genital or disability, emotional disorder and/or physical
anal orifice of another person handicap or the offended party at the time of
Rape committed under par 1 is punishable the commission of the crime
by: Rape committed under par 2 is punishable
reclusion perpetua by:
reclusion perpetuato DEATH when 1. prision mayor
victim became insane by reason or on the 2. prision mayor to reclusion temporal
occasion of rape use of deadly weapon or
by two or more persons
reclusion temporal – when the victim has
become insane
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reclusion temporal to reclusion pepetua – b. that it is committed simulating public

rape is attempted and homicide is committed authority
reclusion perpetua – homicide is committed c. that any serious physical injuries are
by reason or on occasion of rape inflicted upon the person kidnapped or
reclusion temporal – committed with any of detained or threats to kill him are
the 10 aggravating circumstances mentioned made, or
above d. that the person kidnapped or detained
Notes:
is a minor (except if parent is the
The underscored words are the amendments offender), female or a public officer
provided by RA 8353
Dividing age in rape: When death penalty is imposed:
less than 7 yrs old, mandatory death 1. if kidnapping is committed for the purpose
less than 12 yrs old, statutory rape of extorting ransom either from the victim
less than 18 yrs old and there is relationship or from any other person even if none of
(e.g. parent etc); mandatory death the aforementioned are present in the
commission of the offense (even if none
TITLE NINE
of the circumstances are present)
CRIMES AGAINST PERSONAL LIBERTY 2. when the victim is killed or dies as a
AND SECURITY consequence of the detention or is raped
or is subjected to torture or
CHAPTER 1: CRIMES AGAINST LIBERTY dehumanizing acts
Art. 267. Kidnapping and serious illegal detention Art. 268. Slight illegal detention — The penalty of
— Any private individual who shall kidnap or detain reclusion temporal shall be imposed upon any
another, or in any other manner deprive him of his private individual who shall commit the crimes
liberty, shall suffer the penalty of reclusion perpetua described in the next preceding article without the
to death: attendance of any of circumstances enumerated
1. If the kidnapping or detention shall have therein.
lasted more than five days.
2. If it shall have been committed simulating
The same penalty shall be incurred by anyone who
public authority.
shall furnish the place for the perpetration of the
3. If any serious physical injuries shall have been
crime.
inflicted upon the person kidnapped or detained; or
if threats to kill him shall have been made.
4. If the person kidnapped or detained shall be If the offender shall voluntarily release the person so
a minor, female or a public officer. kidnapped or detained within three days from the
commencement of the detention, without having
The penalty shall be death where the kidnapping or attained the purpose intended, and before the
detention was committed for the purpose of extorting institution of criminal proceedings against him, the
ransom from the victim or any other person, even if penalty shall be prision mayor in its minimum and
none of the circumstances above-mentioned were medium periods and a fine not exceeding seven
present in the commission of the offense. ELEMENTS
ELEMENTS: 1. Offender is a private person
1. Offender is a private individual 2. He kidnaps or detains another or in any
2. He kidnaps or detains another, or in any other manner deprives him of his liberty /
other manner deprives the latter of his furnished place for the perpetuation of
liberty the crime
3. The act of detention or kidnapping must 3. That the act of detention or kidnapping
be illegal must be illegal
4. That in the commission of the offense, 4. That the crime is committed without the
any of the following circumstances are attendant of any of the circumstances
present (becomes serious) enumerated in Art 267
a. that the he kidnapping/detention
lasts for more than 3 days Privileged mitigating circumstances:
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 If the offender: The penalty of prision correccional and a fine not

1. voluntarily releases the person so exceeding seven hundred pesos shall be imposed
kidnapped or detained within 3 days from upon anyone who shall induce a minor to abandon
the commencement of the detention the home of his parent or guardians or the persons
entrusted with his custody.
2. without having attained the purpose
intended and If the person committing any of the crimes covered
3. before the institution of criminal by the two preceding articles shall be the father or
proceedings against him the mother of the minor, the penalty shall be arresto
mayor or a fine not exceeding three hundred pesos,
Art. 269. Unlawful arrest — The penalty of arresto or both.
mayor and a fine not exceeding 500 pesos shall be ELEMENTS:
imposed upon any person who, in any case other 1. That the minor (whether over or under 7)
than those authorized by law, or without reasonable is living in the home of his parents or
ground therefor, shall arrest or detain another for the
purpose of delivering him to the proper authorities. guardians or the person entrusted with his
ELEMENTS: custody
1. That the offender arrests or detains 2. That the offender induces a minor to
another person abandon such home
2. That the purpose of the offender is to
deliver him to the proper authorities  Inducement must be actual, committed
3. That the arrest or detention is not with criminal intent and determined by
authorized by law or there is no a will to cause damage
reasonable ground therefor  Minor should not leave his home of his
own free will
 Offender is any person, so either a  Mitigating if by father or mother
public officer or private individual
 Refers to warrantless arrests Art. 272. Slavery — The penalty of prision mayor
and a fine of not exceeding 10,000 pesos shall be
 In art 125, the detention is for some imposed upon anyone who shall purchase, sell,
legal ground while here, the detention is kidnap or detain a human being for the purpose of
not authorized by law enslaving him.
 In art 125, the crime pertains to failure to
deliver the person to the proper judicial If the crime be committed for the purpose of assigning
the offended party to some immoral traffic, the
authority within the prescribed period penalty shall be imposed in its maximum period.
while here, the arrest is not authorized ELEMENTS:
by law 1. That the offender purchases. Sells,
kidnaps or detains a human being.
Section 2 – Kidnapping of minors 2. That the purpose of the offender is to
enslave such human being.
Art. 270. Kidnapping and failure to return a minor
— The penalty of reclusion perpetua shall be NOTE: Qualifying circumstance – if the
imposed upon any person who, being entrusted with purpose of the offender is to assign the
the custody of a minor person, shall deliberately fail to offended party to some immoral traffic
restore the latter to his parents or guardians. (prostitution), the penalty is higher
ELEMENTS: Art. 273. Exploitation of child labor — The penalty
1. That the offender is entrusted with the of prision correccional in its minimum and medium
custody of a minor person (whether over periods and a fine not exceeding 500 pesos shall be
or under 7 but less than 18 yrs old) imposed upon anyone who, under the pretext of
reimbursing himself of a debt incurred by an
2. That he deliberately fails to restore ascendant, guardian or person entrusted with the
the said minor to his parents custody of a minor, shall, against the latter’s will,
retain him in his service.
Art. 271. Inducing a minor to abandon his home — ELEMENTS:
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1. That the offender retains a minor in his 1. By failing to render assistance to any
service. person whom the offender finds in an
2. That it is against the will of the minor. inhabited place wounded or in danger
3. That it is under the pretext of of dying, when he can render such
reimbursing himself of a debt incurred by assistance without detriment to himself,
an ascendant, guardian or person unless such omission shall constitute a
entrusted with the custody of such minor. more serious offense
2. By failing to help or render assistance
Art. 274. Services rendered under compulsion in
payment of debt — The penalty of arresto mayor in
to another whom the offender has
its maximum period to prision correccional in its accidentally wounded or injured
minimum period shall be imposed upon any person 3. By failing to deliver a child, under 7 whom
who, in order to require or enforce the payment of a the offender has found abandoned, to the
debt, shall compel the debtor to work for him, against
authorities or to his family, or by failing to
his will, as household servant or farm laborer.
ELEMENTS: take him to a safe place.
1. That the offender compels a debtor to Art. 276. Abandoning a minor — The penalty of
work for him, either as household servant arresto mayor and a fine not exceeding 500 pesos
shall be imposed upon any one who shall abandon a
or farm laborer.
child under seven years of age, the custody of which
2. That it is against the debtor’s will. is incumbent upon him.
3. That the purpose is to require or enforce
the payment of a debt. When the death of the minor shall result from such
abandonment, the culprit shall be punished by
CHAPTER 2: CRIMES AGAINST SECURITY prision correccional in its medium and maximum
periods; but if the life of the minor shall have been in
danger only, the penalty shall be prision correccional
Section 1 – Abandonment of helpless in its minimum and medium periods.
persons and exploitation of minors
The provisions contained in the two preceding
Art. 275. Abandonment of person in danger and paragraphs shall not prevent the imposition of the
abandonment of one’s own victim — The penalty provided for the act committed, when the
penalty of arresto mayor shall be imposed upon: same shall constitute a more serious offense.
ELEMENTS:
1. Any one who shall fail to render assistance to any 1. That the offender has the custody of a
person whom he shall find in an uninhabited place
wounded or in danger of dying, when he can render child.
such assistance without detriment to himself, unless 2. That the child is under seven years
such omission shall constitute a more serious of age.
offense. 3. That he abandons such child.
2. Anyone who shall fail to help or render 4. That he has no intent to kill the child
assistance to another whom he has accidentally
wounded or injured. when the latter is abandoned.
3. Anyone who, having found an abandoned child
under seven years of age, shall fail to deliver said  Conscious, deliberate, permanent, unless
child to the authorities or to his family, or shall fail punishable by a more serious offense
 Qualifying circumstances:
ELEMENTS: a. when the death of the minor resulted
1. That place is not inhabited. from such abandonment
2. The accused found there a person b. if the life of the minor was in danger
wounded or in danger of dying. because of the abandonment
3. The accused can render assistance
without detriment to himself. Art. 277. Abandonment of minor by person
4. The accused fails to render assistance. entrusted with his custody; indifference of
parents — The penalty of arresto mayor and a fine
ACTS PUNISHABLE: not exceeding 500 pesos shall be imposed upon
anyone who, having charge of the rearing or
99
education of a minor, shall deliver said minor to a exhibitions of these kinds children under sixteen years
public institution or other persons, without the consent of age who are not his children or descendants.
of the one who entrusted such child to his care or in
the absence of the latter, without the consent of the 3. Any person engaged in any of the callings
proper authorities. enumerated in the next paragraph preceding
who shall employ any descendant of his under
The same penalty shall be imposed upon the parents twelve years of age in such dangerous
who shall neglect their children by not giving them the exhibitions.
education which their station in life require and
financial conditions permit. 4. Any ascendant, guardian, teacher or person
ACTS PUNISHED: entrusted in any capacity with the care of a child
 By delivering a minor to a public under sixteen years of age, who shall deliver such
institution or other persons w/o consent child gratuitously to any person following any of the
callings enumerated in paragraph 2 hereof, or to
of the one who entrusted such minor to any habitual vagrant or beggar.
the care of the offender or, in the
absence of that one, without the consent If the delivery shall have been made in consideration
of the proper authorities of any price, compensation, or promise, the penalty
shall in every case be imposed in its maximum
ELEMENTS of abandonment of minor by period.
person entrusted with his custody:
1. That the offender has charged of the In either case, the guardian or curator convicted shall
also be removed from office as guardian or curator;
rearing or education of a minor. and in the case of the parents of the child, they may
2. That he delivers said minor to a public be deprived, temporarily or perpetually, in the
institution or other persons. discretion of the court, of their parental authority.
3. That the one who entrusted such child to
the offender has not consented to such 5. Any person who shall induce any child under
act, or if the one who entrusted such child sixteen years of age to abandon the home of its
ascendants, guardians, curators, or teachers to
to the offender is absent; the proper follow any person engaged in any of the callings
authorities have not consented to it.
4. By neglecting his (offender’s) children by ACTS PUNISHED:
not giving them education which their 1. By causing any boy or girl under 16 to
station in life requires and financial perform any dangerous feat of balancing,
condition permits physical strength or contortion, the
offender being any person
ELEMENTS of indifference of parents: 2. By employing children under 16 who are
1. That the offender is a parent. not the children or descendants of the
2. That he neglects his children by not giving offender in exhibitions of acrobat,
them education. gymnast, rope-walker, diver, or wild-
3. That his station in life requires such animal tamer or circus manager or
education and his financial condition engaged in a similar calling
permits it. 3. By employing any descendant under 12
in dangerous exhibitions enumerated in
Art. 278. Exploitation of minors — The penalty of the next preceding paragraph, the
prision correccional in its minimum and medium offender being engaged in any of said
periods and a fine not exceeding 500 pesos shall be callings
imposed upon: 4. By delivering a child under 16 gratuitously
to any person following any of the callings
1. Any person who shall cause any boy or girl under
sixteen years of age to perform any dangerous feat
enumerated in par 2 or to any habitual
of balancing, physical strength, or contortion. vagrant or beggar, the offender being an
ascendant, guardian, teacher or person
2. Any person who, being an acrobat, gymnast, entrusted in any capacity with the care of
rope- walker, diver, wild-animal tamer or circus such child
manager or engaged in a similar calling, shall 5. By inducing any child under 16 to
100
abandon the home of its
ascendants;
101
guardians, curators or teachers to follow everyone’s asleep or entrance was made

any person engaged in any of the callings through the window
mentioned in par 2 or to accompany any  Prohibition is not necessary when
habitual vagrant or beggar, the offender violence or intimidation is employed by
being any person the offender
NOTE: Qualifying Circumstance: if the  When there is no overt act of the crime
delivery of the child to any person following
intended to be committed, this is the
any of the callings of acrobat, rope-walker, crime
diver or wild-animal trainer or circus manager
 May be committed even by the owner (as
or to any habitual vagrant of beggar is made
against the actual occupant)
in consideration of any price, compensation
 Not applicable to:
or promise, the penalty is higher.
a. entrance is for the purpose of
Art. 279. Additional penalties for other offenses —
preventing harm to himself, the
The imposition of the penalties prescribed in the occupants or a third person
preceding articles, shall not prevent the imposition b. purpose is to render some service to
upon the same person of the penalty provided for any humanity or justice
other felonies defined and punished by this Code. c. place is a café, tavern etc while open
 Medina case: when the accused entered
Section 2 – Trespass to dwelling
the dwelling through the window, he had
no intent to kill any person inside, but the
Art. 280. Qualified trespass to dwelling — Any
private person who shall enter the dwelling of another
intention to kill came to his mind when
against the latter’s will shall be punished by arresto he was being arrested by the occupants
mayor and a fine not exceeding 1,000 pesos. thereof, the crime of trespass to dwelling
is a separate and distinct offense from
If the offense be committed by means of violence or frustrated homicide
intimidation, the penalty shall be prision correccional
in its medium and maximum periods and a fine not Art. 281. Other forms of trespass — The penalty of
exceeding 1,000 pesos. arresto menor or a fine not exceeding 200 pesos, or
both, shall be imposed upon any person who shall
The provisions of this article shall not be applicable to enter the closed premises or the fenced estate of
any person who shall enter another’s dwelling for the another, while either or them are uninhabited, if the
purpose of preventing some serious harm to himself, prohibition to enter be manifest and the trespasser
the occupants of the dwelling or a third person, nor has not secured the permission of the owner or the
shall it be applicable to any person who shall enter a caretaker thereof.
dwelling for the purpose of rendering some service to ELEMENTS:
humanity or justice, nor to anyone who shall enter 1. That the offender enters the closed
cafes, taverns, inn and other public houses, while the
same are open.
premises or the fenced estate of another.
2. That the entrance is made while either
ELEMENTS:
of them is uninhabited.
1. That the offender is a private person.
3. That the prohibition to enter be manifest.
2. That he enters the dwelling of another.
4. That the trespasser has not secured the
3. That such entrance is against the
permission of the owner or the caretaker
latter’s will.
thereof.
 Qualifying circumstance: if the offense is
Section 3 – Threats and coercion
committed by means of violence or
intimidation, the penalty is higher Art. 282. Grave threats — Any person who shall
 There must be an opposition to the entry threaten another with the infliction upon the person,
of the accused honor or property of the latter or of his family of any
 Implied prohibition is present wrong amounting to a crime, shall suffer:
considering the situation – late at night
and 1. The penalty next lower in degree than that
prescribed by law for the crime be threatened to
102
commit, if the offender shall have made the threat  Aggravating circumstances: if made in
demanding money or imposing any other condition, writing or thru a middleman
even though not unlawful, and said offender shall
have attained his purpose. If the offender shall not  Frustrated – if not received by the person
have attained his purpose, the penalty lower by two being threatened
degrees shall be imposed.  Art 284 bond from good behavior may be
imposed (only in these offenses)
If the threat be made in writing or through a
middleman, the penalty shall be imposed in its Art. 283. Light threats — Any threat to commit a
maximum period. wrong not constituting a crime, made in the manner
expressed in subdivision 1 of the next preceding
2. The penalty of arresto mayor and a fine not article, shall be punished by arresto mayor.
exceeding 500 pesos, if the threat shall not have ELEMENTS:
been made subject to a condition. 1. That the offender makes a threat to
ELEMENTS: commit a wrong.
1. That the offender threatens another 2. That the wrong does not constitute a
person with the infliction upon the latter’s crime.
person, honor or property, or upon that 3. That there is a demand for money or
of the latter’s family, of any wrong. that other condition is imposed, even
2. That such wrong amounts to a crime. though not unlawful
3. That the threat is not subject to
4. That the offender has attained his
a condition
purpose or, that he has not attained his
purpose
ELEMENTS: grave threats where offender
attained his purpose: Art. 284. Bond for good behavior — In all cases
1. That the offender threatens another falling within the two next preceding articles, the
person with the infliction upon the latter’s person making the threats may also be required to
person, honor or property, or upon that give bail not to molest the person threatened, or if he
of the latter’s family, of any wrong. shall fail to give such bail, he shall be sentenced to
destierro.
2. That such wrong amounts to a crime.
 The wrong does not amount to a crime
3. That there is a demand for money or that
(only in these offenses)
any other condition is imposed, even
though not unlawful. Art. 285. Other light threats — The penalty of
4. That the offender attains his purpose. arresto menor in its minimum period or a fine not
5. By making such threat without the exceeding 200 pesos shall be imposed upon:
offender attaining his purpose
6. By threatening another with the infliction 1. Any person who, without being included in the
upon his person, honor or property or that provisions of the next preceding article, shall
threaten another with a weapon or draw such
of his family of any wrong amounting to a weapon in a quarrel, unless it be in lawful self-
crime, the threat not being subject to a defense.
condition (Note: threat is without
condition) 2. Any person who, in the heat of anger, shall orally
threaten another with some harm not constituting a
ACTS PUNISHABLE: crime, and who by subsequent acts show that he did
not persist in the idea involved in his threat, provided
1. By threatening another with the infliction that the circumstances of the offense shall not bring
upon his person, honor or property that of it within the provisions of Article 282 of this Code.
his family of any wrong amounting to a
crime and demanding money or imposing 3. Any person who shall orally threaten to do
any other condition, even though not another any harm not constituting a felony.
ELEMENTS:
unlawful and the offender (Note: threat is 1. Person shall threaten another with a
with condition) weapon, or draw weapon in a quarrel
unless in self-defense.
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2. In the heat of anger, person orally 4. That the purpose of the offender is to
threatens another with some harm apply the same to the payment of the
constituting a crime, without persisting in debt.
the idea involved in the threat.
Subsequent acts did not persist. Art. 288. Other similar coercions; (Compulsory
3. Person orally threatens another with purchase of merchandise and payment of wages by
means of tokens.) — The penalty of arresto mayor or
harm not constituting a felony. a fine ranging from 200 to 500 pesos, or both, shall
be imposed upon any person, agent or officer, of any
Art. 286. Grave coercions — The penalty of arresto association or corporation who shall force or compel,
mayor and a fine not exceeding 500 pesos shall be directly or indirectly, or shall knowingly permit any
imposed upon any person who, without authority of laborer or employee employed by him or by such firm
law, shall, by means of violence, prevent another or corporation to be forced or compelled, to purchase
from doing something not prohibited by law, or merchandise or commodities of any kind.
compel him to do something against his will, whether
it be right or wrong.
The same penalties shall be imposed upon any
person who shall pay the wages due a laborer or
If the coercion be committed for the purpose of employee employed by him, by means of tokens or
compelling another to perform any religious act or to objects other than the legal tender currency of the
prevent him from so doing, the penalty next higher in laborer or employee.
degree shall be imposed. ELEMENTS PAR. 1
ELEMENTS: 1. That the offender is any person, agent or
1. That a person prevented another from officer of any association or corporation.
doing something OR not to do something 2. That he or such firm or corporation has
against his will, be it right or wrong; employed laborers or employees.
2. That the prevention or compulsion be 3. That he forces or compels, directly or
effected by violence, of force as would indirectly, or knowingly permits to be
produce intimidation and control the will. forced or compelled, any of his or its
3. That the person that restrained the will laborers or employees to purchase
and liberty by another had not the merchandise or commodities of any kind
authority of law or the right to do so, or, from his or from said firm or corporation.
in other words, that the restraint shall not
be made under authority of law or in the ELEMENTS OF PAR. 2
exercise of any lawful right. 1. That the offender pays the wages due a
laborer or employee employed by him by
Art. 287. Light coercions — Any person who, by means of tokens or objects.
means of violence, shall seize anything belonging to
his debtor for the purpose of applying the same to the 2. That those tokens or objects are other
payment of the debt, shall suffer the penalty of than the legal tender currency to the
arresto mayor in its minimum period and a fine Philippines.
equivalent to the value of the thing, but in no case 3. That such employee or laborer does not
less than 75 pesos.
expressly request that he be paid by
means of tokens or objects.
Any other coercions or unjust vexations shall be
punished by arresto menor or a fine ranging from 5
pesos to 200 pesos, or both. Art. 289. Formation, maintenance and prohibition
ELEMENTS: of combination of capital or labor through
violence or threats — The penalty of arresto mayor
1. That the offender must be a creditor. and a fine not exceeding 300 pesos shall be imposed
2. That he seizes anything belonging to his upon any person who, for the purpose of organizing,
debtor. maintaining or preventing coalitions or capital or
3. That the seizure of the thing be labor, strike of laborers or lock-out of employees,
shall employ violence or threats in such a degree as
accomplished by means of violence or a to compel or force the laborers or employers in the
display of material force producing free and legal exercise of their industry or work, if the
intimidation; act shall not constitute a more serious offense in
accordance with the provisions of this Code.
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ELEMENTS: employee, or servant who, in such capacity, shall

1. That the offender employs violence or learn the secrets of his principal or master and shall
threats, in such a degree as to compel or reveal such secrets.
force the laborers or employers in the free ELEMENTS:
and legal exercise of their industry or 1. That the offender is a manager, employee
work or servant.
2. That the purpose is to organize, maintain 2. That he learns the secrets of his principal
or prevent coalitions of capital or labor, or master in such capacity.
strike of laborers or lockout of employees. 3. That he reveals such secrets.
Art. 292. Revelation of industrial secrets — The
CHAPTER 3: DISCOVERY AND REVELATION OF penalty of prision correccional in its minimum and
SECRETS medium periods and a fine not exceeding 500 pesos
shall be imposed upon the person in charge,
Art. 290. Discovering secrets through seizure of employee or workman of any manufacturing or
correspondence — The penalty of prision industrial establishment who, to the prejudice of the
correccional in its minimum and medium periods and owner thereof, shall reveal the secrets of the industry
a fine not exceeding 500 pesos shall be imposed of the latter.
upon any private individual who in order to discover ELEMENTS:
the secrets of another, shall seize his papers or
letters and reveal the contents thereof. 1. That the offender is a person in charge,
employee or workman of a
If the offender shall not reveal such secrets, the manufacturing or industrial
penalty shall be arresto mayor and a fine not establishment.
exceeding 500 pesos. 2. That the manufacturing or industrial
establishment has a secret of the industry
The provision shall not be applicable to parents, which the offender has learned.
guardians, or persons entrusted with the custody of
minors with respect to the papers or letters of the
3. That the offender reveals such secrets.
children or minors placed under their care or study, 4. That the prejudice is caused to the owner.
nor to spouses with respect to the papers or letters
of either of them. TITLE TEN
CRIMES AGAINST PROPERTY
ELEMENTS:
1. That the offender is a private individual or CHAPTER 1: ROBBERY IN GENERAL
even a public officer not in the exercise
of his official function, Art. 293. Who are guilty of robbery — Any person
2. That he seizes the papers or letters of who, with intent to gain, shall take any personal
property belonging to another, by means of violence
another. or intimidation of any person, or using force upon
3. That the purpose is to discover the anything shall be guilty of robbery.
secrets of such another person. ELEMENTS:
4. That offender is informed of the contents 1. That there be personal property belonging
or the papers or letters seized. to another.
2. That there is unlawful taking of that
 Not applicable to parents with respect property.
to minor children 3. That the taking must be with intent to
 Contents need not be secret but purpose gain, and
prevails 4. That there is violence against or
 Circumstances qualifying the offense: intimidation of any person, or force upon
when the offender reveals contents of anything.
such papers or letters of another to a 3rd
person, the penalty is higher  Belonging to another – person from whom
property was taken need not be the
Art. 291. Revealing secrets with abuse of office — owner, legal possession is sufficient
The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon any
105
 Name of the real owner is not essential X didn’t commit crime but is X has committed a crime
so long as the personal property taken intimidated to deprive him of and gives money as way
does not belong to the accused except if his property to avoid arrest or
crime is robbery with homicide prosecution
Deprived of Php thru force or Giving of Php is in one
 Taking of personal property – must be intimidation sense voluntary
unlawful; if given in trust – estafa Neither Transaction is voluntary
 As to robbery with violence or intimidation and mutual
– from the moment the offender gains Ex. defendant demands
possession of the thing even if offender payment of P2.00 with
threats of arrest and
has had no opportunity to dispose of the prosecution, therefore,
same, the unlawful taking is complete robbery because (a) intent to
 As to robbery with force upon things – gain and (b) immediate harm
thing must be taken out of the
building Section 1 – Robbery with violence or
 Intent to gain – presumed from unlawful intimidation of persons
taking
 Taking must not be under the claim of title Art. 295. Robbery with violence against or
intimidation of persons; Penalties — Any person
or ownership guilty of robbery with the use of violence against or
 When there’s no intent to gain but there is intimidation of any person shall suffer:
violence in the taking – grave coercion
 Violence or intimidation must be against 1. The penalty of reclusion perpetua to death, when
the person of the offended party, not upon by reason or on occasion of the robbery, the crime
of homicide shall have been committed.
the thing 2. The penalty of reclusion temporal in its medium
 General rule: violence or intimidation period to reclusion perpetua when the robbery shall
must be present before the ―taking‖ have been accompanied by rape or intentional
is complete mutilation, or if by reason or on occasion of such
robbery, any of the physical injuries penalized in
 Except: when violence results in – subdivision 1 of Article 263 shall have been
homicide, rape, intentional mutilation or inflicted; Provided, however, that when the robbery
any of the serious physical injuries in par accompanied with rape is committed with a use of a
1 and 2 of art 263, the taking of the deadly weapon or by two or more persons, the
penalty shall be reclusion perpetua to death (As
property is robbery complexed with any amended by PD No. 767).
of these crimes under art 294, even if 3. The penalty of reclusion temporal, when by
taking is already complete when violence reason or on occasion of the robbery, any of the
was used by the offender physical injuries penalized in subdivision 2 of the
 Use of force upon things – entrance to the article mentioned in the next preceding paragraph,
shall have been inflicted.
building by means described in arts 299 4. The penalty of prision mayor in its maximum
and 302 (offender must enter) period to reclusion temporal in its medium period, if
 When both violence or intimidation and the violence or intimidation employed in the
force upon things concur – it is robbery commission of the robbery shall have been carried to
a degree clearly unnecessary for the commission of
with violence the crime, or when the course of its execution, the
Robbery with Grave threats Grave coercion offender shall have inflicted upon any person not
violence responsible for its commission any of the physical
Intent to gain No intent to gain None injuries covered by sub-divisions 3 and 4 of said
Immediate Intimidation; Intimidation (effect) is Article 23.
harm promises some immediate and 5. The penalty of prision correccional in its
future harm or offended party is maximum period to prision mayor in its medium
injury compelled to do
something against his ELEMENTS:
will (w/n right or 1. Acts punished as robbery with violence
wrong) against or intimidation of persons
2. By reason or on occasion of the
Robbery Bribery robbery, the following are committed:
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a. homicide a. in an uninhabited place or

b. robbery accompanied with rape or b. by a band or
intentional mutilation, SPI – insane, c. by attacking a moving train, street car,
imbecile, impotent or blind motor vehicle or airship, or
c. SPI – lost the use of speech, hear, d. by entering the passenger’s
smell, eye, hand, foot, arm, leg, use compartments in a train, or in any
of any such member, incapacitated manner taking the passengers
for work habitually engaged in thereof by surprise in the respective
d. Violence/intimidation shall have been conveyances, or
carried to a degree clearly e. on a street, road, highway or alley and
unnecessary for the crime or when in the intimidation is made with the use
the cause of its execution – of firearms, the offender shall be
SPI/deformity, or shall have lost any punished by the max period of the
part of the body or the use thereof or proper penalties prescribed in art 294
shall have been ill or incapacitated for
the performance of the work for > 90 Art. 295. Robbery with physical injuries,
days; > 30 days committed in an uninhabited place and by a
e. Any kind of robbery with less serious band, or with the use of firearm on a street, road
physical injuries or slight physical or alley
— If the offenses mentioned in subdivisions three,
injuries four, and five of the next preceding article shall have
been committed in an uninhabited place or by a
 SPECIAL COMPLEX CRIMES (specific band, or by attacking a moving train, street car, motor
penalties prescribed) vehicle or airship, or by entering the passenger’s
compartments in a train or, in any manner, taking the
1. robbery with homicide – if original design passengers thereof by surprise in the respective
is robbery and homicide is committed – conveyances, or on a street, road, highway, or alley,
robbery with homicide even though and the intimidation is made with the use of a firearm,
homicide precedes the robbery by an the offender shall be punished by the maximum
appreciable time. If original design is not period of the proper penalties.
robbery but robbery was committed after
In the same cases, the penalty next higher in degree
homicide as an afterthought – 2 separate
offenses. Still robbery with homicide – if  Must be alleged in the information
the person killed was an innocent  Can’t be offset by generic mitigating
bystander and not the person robbed and  Art 295 will not apply to: robbery w/
if death supervened by mere accident. homicide, rape or SPI under par 1 of art
2. robbery with rape – intent to commit 263
robbery must precede rape. Prosecution
Art. 296. Definition of a band and penalty
of the crime need not be by offended
incurred by the members thereof — When more
party – fiscal can sign the information. than three armed malefactors take part in the
When rape and homicide co-exist, rape commission of a robbery, it shall be deemed to have
should be considered as aggravating only been committed by a band. When any of the arms
and the crime is still robbery with used in the commission of the offense be an
unlicensed firearm, the penalty to be imposed upon
homicide all the malefactors shall be the maximum of the
3. robbery with intimidation – acts done by corresponding penalty provided by law, without
the accused which by their own nature or prejudice of the criminal liability for illegal possession
by reason of the circumstances inspire of such unlicensed firearms.
fear in the person against whom they are
directed Any member of a band who is present at the
commission of a robbery by the band, shall be
4. qualifying circumstances in robbery with punished as principal of any of the assaults
violence or intimidation of persons, if any committed by the band, unless it be shown that he
of the offenses defined in subdivisions 3, attempted to prevent the same.
4 and 5 of Art 294 is committed:  More than 3 armed malefactors
107
 Liability for the acts of the other members Section 2 – Robbery by the use of force
of the band upon things
 Conspiracy to commit robbery with
homicide – even if less than 4 armed men
Art. 299. Robbery in an inhabited house or public
 Conspiracy to commit robbery only but building or edifice devoted to worship — Any
homicide was committed also on the armed person who shall commit robbery in an
occasion thereof – all members of the inhabited house or public building or edifice devoted
band are liable for robbery with to religious worship, shall be punished by reclusion
temporal, if the value of the property taken shall
homicide
exceed 250 pesos, and if:
 Conspiracy is presumed when 4 or more
armed persons committed robbery (a) The malefactors shall enter the house or building
 Unless the others attempted to prevent in which the robbery was committed, by any of the
the assault – guilty of robbery by band following means:
only 1. Through a opening not intended for entrance
or egress.
a. he was a member of the band 2. By breaking any wall, roof, or floor or breaking
b. he was present at the commission any door or window.
of a robbery by that band 3. By using false keys, picklocks or similar tools.
c. other members of the band committed 4. By using any fictitious name or pretending
an assault the exercise of public authority.
d. he did not attempt to prevent the
Or if —
assault
(b) The robbery be committed under any of the
Art. 297. Attempted and frustrated robbery
following circumstances:
committed under certain circumstances — When
1. By the breaking of doors, wardrobes, chests, or
by reason or on occasion of an attempted or
any other kind of locked or sealed furniture or
frustrated robbery a homicide is committed, the
receptacle;
person guilty of such offenses shall be punished by
2. By taking such furniture or objects to be broken
reclusion temporal in its maximum period to
or forced open outside the place of the robbery.
reclusion perpetua, unless the homicide committed
shall deserve a higher penalty under the provisions
of this Code. When the offenders do not carry arms, and the value
 Whether robbery is attempted or of the property taken exceeds 250 pesos, the
penalty next lower in degree shall be imposed.
frustrated, penalty is the same
 Where offense committed is attempted or
The same rule shall be applied when the offenders
frustrated robbery with serious physical are armed, but the value of the property taken does
injuries – article 48 is applicable not exceed 250 pesos.
Art. 298. Execution of deeds by means of violence When said offenders do not carry arms and the value
or intimidation — Any person who, with intent to of the property taken does not exceed 250 pesos,
defraud another, by means of violence or intimidation, they shall suffer the penalty prescribed in the two
shall compel him to sign, execute or deliver any next preceding paragraphs, in its minimum period.
public instrument or documents, shall be held guilty of
robbery and punished by the penalties respectively
If the robbery be committed in one of the
prescribed in this Chapter.
dependencies of an inhabited house, public building,
ELEMENTS: or building dedicated to religious worship, the
1. That the offender has intent to defraud penalties next lower in degree than those prescribed
another. ELEMENTS:
in this article shall be imposed.
robbery in an inhabited house or
2. That the offender compels him to sign, public building or edifice devoted to worship:
execute, or deliver any public 1. That the offender entered (a) an inhabited
instrument or document. house, or (b) public buildings, or (c)
3. That the compulsion is by means edifice devoted to religious worship.
of violence or intimidation. 2. That the entrance was effected by any
of the following means:
108
a. Through an opening not intended for

 False key – used in opening house and
entrance or egress.
not furniture inside, otherwise, theft (for
b. By breaking any wall, roof, or floor or
latter to be robbery., must be broken and
breaking any door or window.
not just opened)
c. By using false keys, picklocks or
 Gen. Rule: outside door. Exception:
similar tools or.
inside door in a separate dwelling
d. By using any fictitious name or
pretending the exercise of public  E.g. pretending to be police to be able
authority. to enter (not pretending after entrance)
3. That once inside the building, the offender
ELEMENTS: robbery with force upon
took personal property belonging to subdivision:
another with intent to gain. 1. That the offender is inside a dwelling
 Includes dependencies (stairways, house, public building, or edifice devoted
hallways, etc.) to religious worship, regardless of the
 Inhabited house – any shelter, ship or circumstances under which he entered it
vessel constituting the dwelling of one or 2. That the offender takes personal property
more person even though temporarily belonging to another with intent to gain,
absent – dependencies, courts, corals, under any of the following circumstances.
barns, etc. a. by the breaking of doors, wardrobes,
 Not included: orchard, lands for chests, or any other kind of locked or
cultivation. sealed furniture or receptacle, or
 Important for robbery by use of force b. by taking such furniture or objects
upon things, it is necessary that offender away to be broken or forced open
enters the building or where object may outside the place of the robbery.
be found. NO ENTRY, NO ROBBERY
 Entrance is necessary – mere insertion  Entrance ( no matter how done)
of hand is not enough (whole body); not  Offender may be servants or guests
to get out but to enter – therefore,  Destruction of keyhole of cabinet is
evidence to such effect is necessary robbery here
 P v. Lamahang – intent to rob being  When sealed box is taken out for the
present is necessary purpose of breaking it, no need to open –
 Place: house or building; not car already consummated robbery
 Public building – every building owned,  Estafa – if box is in the custody of acc
rented or used by the government  Theft – if box found outside and forced
(though owned by private persons) open
though temporarily vacant
 Not robbery: passing through open door Art. 300. Robbery in an uninhabited place and by
but getting out of a window a band — The robbery mentioned in the next
preceding article, if committed in an uninhabited
 Outside door must be broken, smashed. place and by a band, shall be punished by the
 Theft – if lock is merely removed or door maximum period of the penalty provided therefor.
was merely pushed
 False keys – genuine keys stolen from Art. 301. What is an inhabited house, public
the owner or any keys other than those building or building dedicated to religious
intended by the owner for use in the lock worship and their dependencies — Inhabited
house means any shelter, ship or vessel constituting
 Picklocks – specially made, adopted for the dwelling of one or more persons, even though the
commission of robbery inhabitants thereof shall temporarily be absent
 Key – stolen not by force, otherwise, it’s therefrom when the robbery is committed.
robbery by violence and intimidation
against persons All interior courts, corrals, waterhouses, granaries,
barns, coach-houses, stables or other departments or
inclosed places contiguous to the building or edifice,
109
having an interior entrance connected therewith, and 1. That the offender entered an uninhabited
which form part of the whole, shall be deemed place or a building which was not a
dependencies of an inhabited house, public building
or building dedicated to religious worship. dwelling house, not a public building, or
not an edifice devoted to religious
Orchards and other lands used for cultivation or worship.
production are not included in the terms of the next 2. That any of the following circumstances
preceding paragraph, even if closed, contiguous to was present:
the building and having direct connection therewith. a. that entrance was effected through an
opening not intended for entrance or
The term ―public building‖ includes every building egress.
owned by the Government or belonging to a private
person not included used or rented by the b. a wall, roof, floor, or outside door or
Government, although temporarily unoccupied by the window was broken.
same. c. the entrance was effected through the
use of false keys, picklocks or other
1. dependencies – are all interior courts, similar tools.
corrals, warehouses, granaries or d. a door, wardrobe, chest, or any
enclosed places: sealed or closed furniture or
a. contiguous to the building receptacle was broken or
b. having an interior entrance connected e. a closed or sealed receptacle was
therewith removed, even if the same be broken
c. which form part of the whole open elsewhere.
2. Garage – must have 3 requirements. 3. That with intent to gain the offender took
Exception: orchards/lands therefrom personal property belonging to
another.
Art. 302. Robbery is an uninhabited place or in a
private building — Any robbery committed in an
uninhabited place or in a building other than those
 Second kind of robbery with force upon
mentioned in the first paragraph of Article 299, if the things
value of the property taken exceeds 250 pesos, shall  Uninhabited place – is an uninhabited
be punished by prision correccional if any of the building (habitable, not any of the 3
following circumstances is present:
places mentioned)
 Ex. warehouse, freight car,
1. If the entrance has been effected through
any opening not intended for entrance or store. Exception: pigsty
egress.  Same manner as 299 except that was
2. If any wall, roof, flour or outside door or window entered into was an uninhabited place or
has been broken. a building other than the 3 mentioned in
3. If the entrance has been effected through the
use of false keys, picklocks or other similar tools. 299. Exception: does not include use of
4. If any dorm, wardrobe, chest or by sealed or fictitious name or pretending the exercise
closed furniture or receptacle has been broken. of public authority
5. If any closed or sealed receptacle, as mentioned  Breaking of padlock (but not door) is only
in the preceding paragraph, has been removed even
if the same to broken open elsewhere. theft
 False keys – genuine keys stolen from
When the value of the property takes does not exceed the owner or any other keys other than
250 pesos, the penalty next lower in degree shall be those intended by the owner for use in the
imposed. lock forcibly opened
In the cases specified in Articles 294, 295, 297, 299, Art. 303. Robbery of cereals, fruits, or firewood in
300, and 302 of this Code, when the property taken is an uninhabited place or private building — In the
mail matter or large cattle, the offender shall suffer cases enumerated in Articles 299 and 302, when the
the penalties next higher in degree than those robbery consists in the taking of cereals, fruits, or
provided in said articles.
ELEMENTS: firewood, the culprit shall suffer the penalty next lower
110
in degree than that prescribed in said articles. committed by them are not punishable by higher
penalties, in which case, they shall suffer such high
Art. 304. Possession of picklocks or similar tools penalties.
— Any person who shall without lawful cause have in
his possession picklocks or similar tools especially If any of the arms carried by any of said persons be
adopted to the commission of the crime of robbery, an unlicensed firearms, it shall be presumed that said
shall be punished by arresto mayor in its maximum persons are highway robbers or brigands, and in
period to prision correccional in its minimum period. case of convictions the penalty shall be imposed in
the maximum period.
The same penalty shall be imposed upon any person  Brigands – more than three armed
who shall make such tools. If the offender be a persons forming a band
locksmith, he shall suffer the penalty of prision
correccional in its medium and maximum periods.
PURPOSE:
ELEMENTS OF ART. 304
1. Robbery in highway
1. That the offender has in his possession
2. Kidnapping for extortion or ransom.
picklocks or similar tools.
3. Any other purpose to be obtained by
2. That such picklocks or similar tools are
means of force and violence.
specially adopted to the commission of
robbery.
PRESUMPTION OF BRIGANDAGE:
3. That the offender does not have lawful
1. if members of lawless band and
cause for such possession.
possession of unlicensed firearms (any
NOTE: Actual use of the same is not
of them)
necessary
2. possession of any kind of arms (not just
Art. 305. False keys — The term ―false keys‖ shall
firearm)
be deemed to include:
1. The tools mentioned in the next preceding articles.
2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the
owner for use in the lock forcibly opened by the
ELEMENTS:
1. Picklocks, etc.
2. Genuine key stolen from owner.
3. Any key other than those intended by
owner for use in the lock forcibly opened
by the offender
 Possession of false keys here not

punishable
 If key was entrusted and used to steal,
not robbery (not stolen)
CHAPTER 2: BRIGANDAGE
111
CRIMINAL LAW BOOK 2 REVIEWER Art. 307. Aiding and abetting a band of brigands
— Any person knowingly and in any manner aiding,
ATENEO CENTRAL BAR OPERATIONS 2001 abetting or protecting a band of brigands as
BRIGANDAGE ROBBERY IN BAND described in the next preceding article, or giving them
Purposes are given Only to commit robbery, not information of the movements of the police or other
necessarily in hi-way peace officers of the Government (or of the forces of
Mere formation of a If the purpose is to commit a the United States Army), when the latter are acting in
band for the above part robbery aid of the Government, or acquiring or receiving the
purpose property taken by such brigands shall be punished by
Necessary to prove that band prision correccional in its medium period to prision
actually committed robbery mayor in its minimum period.
Art. 306. Who are brigands; Penalty — When more It shall be presumed that the person performing any
than three armed persons form a band of robbers for of the acts provided in this article has performed
the purpose of committing robbery in the highway, or them knowingly, unless the contrary is proven.
kidnapping persons for the purpose of extortion or to ELEMENTS:
obtain ransom or for any other purpose to be attained 1. That there is a band of brigands.
by means of force and violence, they shall be 2. That the offender knows the band to be
deemed highway robbers or brigands.
of brigands.
Persons found guilty of this offense shall be punished
3. That the offender does any of the
by prision mayor in its medium period to reclusion following acts:
temporal in its minimum period if the act or acts
112
a. he in any manner aids, abets or upon things

protects such band if brigands, or
b. he gives them information of the
movements of the police or other
peace officers of the government or
c. he acquires or receives the property
taken by such brigands.
 PD 532 – brigandage. Seizure of any

person for: (a) ransom; (b) extortion or
other unlawful purpose; (c) taking away of
property by violence or intimidation or
force upon things or other unlawful
means
 Committed by any person
 On any Phil hi-way
CHAPTER 3: THEFT
Art. 308. Who are liable for theft — Theft is

committed by any person who, with intent to gain but
without violence against or intimidation of persons nor
force upon things, shall take personal property of
another without the latter’s consent.
Theft is likewise committed by:

1. Any person who, having found lost property, shall
fail to deliver the same to the local authorities or to
its owner;
2. Any person who, after having maliciously
damaged the property of another, shall remove or
make use of the fruits or object of the damage
caused by him; and
3. Any person who shall enter an inclosed 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 cereals, or
ELEMENTS OF THEFT:
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.
5. That the taking be accomplished without
the use of violence against or intimidation
of persons or force upon things.
PERSONS LIABLE:
 Those who
a) with intent to gain
b) but without violence against or
intimidation of persons not force
113
c) take owner of the use of the object and making
d) personal property himself the owner, therefore must exclude
e) of another ―joyride‖
f) without the latter’s consent
 Those who
a) having found lost property
b) fail to deliver the same to
local authorities or its owner
 Retention of money/property found is

theft. Retention is failure to return
(intent to gain)
 Knowledge of owner is not
required, knowledge of loss is
enough
 Finder in law is liable
 Those who:
a) after having maliciously damaged
the property of another
b) remove or make use of the fruits or
object of the damage caused by
them
 Killing of cattle of another which
destroyed his property and getting
meat for himself
 Those who:
a) enter an enclosed estate or a
field where
b) trespass is forbidden or which
belongs to another and, without the
consent of its owner
c) hunts or fish upon the same or
gather fruits, cereals or other forest
or farm products
 Theft is consummated when offender is

able to place the thing taken under his
control and in such a situation as he
could disclose of it at once (though no
opportunity to dispose) i.e, the control
test
 P v. Dino – applies only in theft of bulky
goods (meaning there has to be
capacity to dispose of the things).
Otherwise, P v. Espiritu – full
possession is enough
 Servant using car without permission
deemed qualified theft though use
was temporary
 Reyes says: there must be some
character of permanency in depriving
114
 Theft: if after custody (only material be.

possession) of object was given to the 2. The penalty of prision correccional in its medium
accused, it is actually taken by him (no and maximum periods, if the value of the thing stolen
intent to return) e.g. felonious is more than 6,000 pesos but does not exceed
12,000 pesos.
conversion. But it is estafa if juridical 3. The penalty of prision correccional in its
possession is transferred e.g., by minimum and medium periods, if the value of the
contract of bailment property stolen is more than 200 pesos but does
 Includes electricity and gas not exceed 6,000 pesos.
4. Arresto mayor in its medium period to prision
 inspector misreads meter to earn correccional in its minimum period, if the value of the
 one using a jumper property stolen is over 50 pesos but does not
 Selling share of co-partner is not theft exceed 200 pesos.
5. Arresto mayor to its full extent, if such value is
 Salary must be delivered first to over 5 pesos but does not exceed 50 pesos.
employee; prior to this, taking of Php is 6. Arresto mayor in its minimum and medium
theft periods, if such value does not exceed 5 pesos.
 If offender claims property as his own (in 7. Arresto menor or a fine not exceeding 200 pesos,
if the theft is committed under the circumstances
good faith) – not theft (though later found
enumerated in paragraph 3 of the next preceding
to be untrue. If in bad faith – theft) article and the value of the thing stolen does not
 Gain is not just Php – satisfaction, use, exceed 5 pesos. If such value exceeds said amount,
pleasure desired, any benefit (e.g. the provision of any of the five preceding subdivisions
joyride) shall be made applicable.
8. Arresto menor in its minimum period or a fine not
 Actual gain is not necessary (intent to exceeding 50 pesos, when the value of the thing
gain necessary) stolen is not over 5 pesos, and the offender shall
 Allege lack of consent in info is important have acted under the impulse of hunger, poverty, or
the difficulty of earning a livelihood for the support of
himself or his family.
ELEMENTS PAR. 3:
1. That there is an enclosed estate or a field Art. 310. Qualified theft — The crime of theft shall
where trespass is forbidden or which be punished by the penalties next higher by two
belongs to another; degrees than those respectively specified in the next
2. That the offender enters the same. preceding article, if committed by a domestic servant,
or with grave abuse of confidence, or if the property
3. That the offender hunts or fishes upon the stolen is motor vehicle, mail matter or large cattle or
same or gathers fruits, cereals or other consists of coconuts taken from the premises of the
forest or farm products, and plantation or fish taken from a fishpond or fishery, or
4. That the hunting or fishing or gathering if property is taken on the occasion of fire,
of products is without the consent of the earthquake, typhoon, volcanic erruption, or any other
calamity, vehicular accident or civil disturbance. (As
owner. amended by R.A. 120 and B.P. Blg. 71. May 1,
NOTE: Fish not in fishpond, otherwise, 1980).
ELEMENTS:
qualified 1. Committed by domestic servant, or
2. With grave abuse of confidence, or
Art. 309. Penalties — Any person guilty of theft shall
3. Property stolen is:
be punished by:
a. motor vehicle
1. The penalty of prision mayor in its minimum and b. mail matter
medium periods, if the value of the thing stolen is c. large cattle
more than 12,000 pesos but does not exceed 22,000 d. coconut from plantation
pesos, but if the value of the thing stolen exceeds e. fish from fishpond or fishery, or
the latter amount the penalty shall be the maximum f. on occasion of calamities and civil
period of the one prescribed in this paragraph, and
one year for each additional ten thousand pesos, but disturbance.
the total of the penalty which may be imposed shall
not exceed twenty years. In such cases, and in  ―grave abuse‖ – high degree of
connection with the accessory penalties which may confidence e.g. guests
be imposed and for the purpose of the other
provisions of this Code, the penalty shall be termed
 no confidence, not qualified theft
prision mayor or reclusion temporal, as the case may 115
 theft – material possession’ estafa – 4. That there is intent to gain.

juridical possession
 qualified: if done by one who has access Art. 313. Altering boundaries or landmarks — Any
to place where stolen property is kept person who shall alter the boundary marks or
e.g., guards, tellers monuments of towns, provinces, or estates, or any
other marks intended to designate the boundaries of
 novation theory applies only if there’s
the same, shall be punished by arresto menor or a
a relation fine not exceeding 100 pesos, or both.
 industrial partner is not liable for QT ELEMENTS:
(estafa) 1. That there be boundary marks or
 when accused considered the deed of monuments of towns, provinces, or
sale as sham (modus) and he had intent estates, or any other marks intended to
to gain, his absconding is QT designate the boundaries of the same.
 see carnapping law: RA 6539 2. That the offender alters said boundary
 motor vehicle in kabit system sold to marks.
another-theft. Motor vehicle not used as
PU in kabit system but under K of lease- CHAPTER 5: CULPABLE INSOLVENCY
estafa
Art. 314. Fraudulent insolvency — Any person who
 mail matter – private mail to be QT, Not shall abscond with his property to the prejudice of his
postmaster – Art. 226 creditors, shall suffer the penalty of prision mayor, if
 theft of large cattle he be a merchant and the penalty of prision
correccional in its maximum period to prision mayor
in its medium period, if he be not a merchant.
Art. 311. Theft of the property of the National
Library and National Museum — If the property ELEMENTS: (culpable insolvency)
stolen be any property of the National Library or the 1. That the offender is a debtor; that is, he
National Museum, the penalty shall be arresto mayor was obligations due and payable.
or a fine ranging from 200 to 500 pesos, or both, 2. That he absconds with his property.
unless a higher penalty should be provided under
other provisions of this Code, in which case, the
3. That there be prejudice to his creditors.
offender shall be punished by such higher penalty.
CHAPTER 6: SWINDLING AND OTHER DECEITS
CHAPTER 4: USURPATION Art. 315. Swindling (estafa) — Any person who shall
defraud another by any of the means mentioned
hereinbelow shall be punished by:
Art. 312. Occupation of real property or
usurpation of real rights in property — Any person
who, by means of violence against or intimidation of 1st. The penalty of prision correccional in its
persons, shall take possession of any real property or maximum period to prision mayor in its minimum
shall usurp any real rights in property belonging to period, if the amount of the fraud is over 12,000
another, in addition to the penalty incurred for the pesos but does not exceed 22,000 pesos, and if such
acts of violence executed by him, shall be punished amount exceeds the latter sum, the penalty provided
by a fine from 50 to 100 per centum of the gain which in this paragraph shall be imposed in its maximum
he shall have obtained, but not less than 75 pesos. period, adding one year for each additional 10,000
pesos; but the total penalty which may be imposed
shall not exceed twenty years. In such cases, and in
If the value of the gain cannot be ascertained, a fine
connection with the accessory penalties which may
of from 200 to 500 pesos shall be imposed.
be imposed under the provisions of this Code, the
ELEMENTS: penalty shall be termed prision mayor or reclusion
1. That the offender takes possession of any temporal, as the case may be.
real property or usurps any real rights in
property. 2nd. The penalty of prision correccional in its
2. That the real property or real rights minimum and medium periods, if the amount of the
belong to another. fraud is over 6,000 pesos but does not exceed
12,000 pesos;
3. That violence against or intimidation of
persons is used by the offender in 3rd. The penalty of arresto mayor in its maximum
occupying real property or usurpation real period to prision correccional in its minimum period if
rights in property.
116
such amount is over 200 pesos but does not proprietor or manager thereof, or by obtaining credit
exceed 6,000 pesos; and at hotel, inn, restaurant, boarding house, lodging
house, or apartment house by the use of any false
pretense, or by abandoning or surreptitiously
4th. By arresto mayor in its maximum period, if such
removing any part of his baggage from a hotel, inn,
amount does not exceed 200 pesos, provided that in
restaurant, boarding house, lodging house or
the four cases mentioned, the fraud be committed
apartment house after obtaining credit, food,
by any of the following means:
refreshment or accommodation therein without
paying for his food, refreshment or accommodation.
1. With unfaithfulness or abuse of confidence, 3. Through any of the following fraudulent means:
namely: (a) By inducing another, by means of deceit, to
sign any document.
(a) By altering the substance, quantity, or quality or (b) By resorting to some fraudulent practice to
anything of value which the offender shall deliver insure success in a gambling game.
by virtue of an obligation to do so, even though (c) By removing, concealing or destroying, in whole
such obligation be based on an immoral or illegal or in part, any court record, office files, document or
consideration. any other papers.
(b) By misappropriating or converting, to the ELEMENTS of estafa in general:
prejudice of another, money, goods, or any other 1. That the accused defrauded another (a.)
personal property received by the offender in trust or by abuse of confidence, or (b) or means
on commission, or for administration, or under any
other obligation involving the duty to make delivery of
of deceit and
or to return the same, even though such obligation be 2. That damage or prejudice capable of
totally or partially guaranteed by a bond; or by pecuniary estimation is caused to the
denying having received such money, goods, or offended party or third person
other property.
(c) By taking undue advantage of the signature of
the offended party in blank, and by writing any ELEMENTS of estafa with unfaithfulness:
document above such signature in blank, to the 1. That the offender has an onerous
prejudice of the offended party or of any third obligation to deliver something of value.
person. 2. That he alters its substance, quantity, or
quality.
2. By means of any of the following false pretenses or 3. That damage or prejudice is caused
fraudulent acts executed prior to or simultaneously
with the commission of the fraud:
to another.
(a) By using fictitious name, or falsely pretending to ELEMENTS of estafa with abuse of confidence
possess power, influence, qualifications, property, under subdivision no.1 par. (b)
credit, agency, business or imaginary transactions, 1. That money, goods, or other personal
or by means of other similar deceits. property be received by the offender in
(b) By altering the quality, fineness or weight trust, or on commission, or for
of anything pertaining to his art or business.
(c) By pretending to have bribed any Government
administration, or under any other
employee, without prejudice to the action for obligation involving the duty to make
calumny which the offended party may deem proper delivery of or to return, the same.
to bring against the offender. In this case, the 2. That there be misappropriation or
offender shall be punished by the maximum period conversion of such money or property by
of the penalty.
(d) [By post-dating a check, or issuing a check in the offender, or dental on his part of such
payment of an obligation when the offender therein receipt.
were not sufficient to cover the amount of the check. 3. That such misappropriation or conversion
The failure of the drawer of the check to deposit the or dental is to the prejudice of another
amount necessary to cover his check within three (3)
days from receipt of notice from the bank and/or the
and
payee or holder that said check has been 4. That there is a demand made by the
dishonored for lack of insufficiency of funds shall be offended party to the offender.
prima facie evidence of deceit constituting false
pretense or fraudulent act. (As amended by R.A. 2ND ELEMENT of estafa with abuse of confidence
4885, approved June 17, 1967.)] under paragraph (b), subdivision n0.1
(e) By obtaining any food, refreshment or
accommodation at a hotel, inn, restaurant, boarding
3 WAYS OF COMMITTING:
house, lodging house, or apartment house and the
117
1. By misappropriating the thing received. received for specific purpose and is

2. By converting the thing received. misappropriated – estafa!
3. By denying that the thing was received.  Failure to account after the DEMAND is
circumstantial evidence of
 Unfaithful or Abuse of Confidence misappropriation
a. by altering the substance  DEMAND is not a condition precedent to
b. existing obligation to deliver – even if existence of estafa when
it is not a subject of lawful commerce misappropriation may be established by
c. thing delivered has not been fully or other proof
partially paid for – not estafa
 In theft, upon delivery of the thing to the
 no agreement as to quality – No estafa if
offender, the owner expects an
delivery is unsatisfactory immediate return of the ting to him –
 By misappropriating and converting otherwise, Estafa
a. thing is received by offender under  Servant, domestic or employee who
transactions transferring juridical misappropriates a thing he received from
possession, not ownership his master is NOT guilty of estafa but of
b. under PD 115 (Trust Receipts Law) – qualified theft
failure to turn over to the bank the Estafa with abuse of Malversation
proceeds of the sale of the goods confidence
covered by TR – Estafa Offenders are entrusted with offenders are entrusted
c. same thing received must be funds or property and are with funds or property and
continuing offenses are continuing offenses
returned otherwise estafa; sale on
Funds: always private Funds: public funds or
credit by agency when it was to be property
sold for cash – estafa Offender: private individual, Offender: public officer
d. Estafa – not affected by Novation of or public officer not accountable for public
Contract because it is a public accountable funds
offense Committed by Committed by
misappropriating, appropriating, taking,
e. Novation must take place before converting, denying having misappropriating
criminal liability was incurred or received money
perhaps prior to the filing of the ELEMENTS of estafa by taking undue advantage
criminal information in court by state of the signature in blank:
prosecutors 1. That the paper with the signature of
f. Misappropriating – to take something the offended party be in blank.
for one’s own benefit 2. That the offended party should have
g. Converting – act of using or disposing delivered it to offender.
of another’s property as if it was one’s 3. That above the signature of the offended
own; thing has been devoted for a party a document is written by the
purpose or use different from that offender without authority to do so.
agreed upon 4. That the document so written creates a
 There must be prejudice to another – not liability of, or causes damage to, the
necessary that offender should obtain offended party or any third person.
gain NOTE: If the paper with signature in blank
 When in the prosecution for malversation was stolen – Falsification if by making it
the public officer is acquitted, the private appear that he participated in a transaction
individual allegedly in conspiracy with him when in fact he did not so participate.
may be held liable for estafa
 Partners – No estafa of money or ELEMENTS of estafa by means of deceit:
property received for the partnership 1. That there must be a false pretense,
when the business is commercial and fraudulent means must be made or
profits accrued. BUT if property is executed prior to or
118
2. That such false pretense, fraudulent act 2. That the check is made or drawn and
or fraudulent means must be made or issued to apply on account or for
executed prior to or simultaneously with value.
the commission of the fraud. 3. That the person who makes or draws and
3. That the offended party must have relied issues the check knows at the time of
on the false pretense, fraudulent act, or issue that he does not have sufficient
fraudulent means, that is, he was induced funds in or credit with the drawee bank for
to part with his money or property the payment of such check in full upon its
because of the false pretense, fraudulent presentment.
act, or fraudulent means.
 That the check is subsequently
4. That as a result thereof, the offended
dishonored by the drawee bank for
party suffered damage.
insufficiency of funds or credit, or
would have been
 False pretenses or fraudulent acts –  Dishonored for the same reason had not
executed prior to or simultaneously with the drawee, without any valid reason,
delivery of the thing by the complainant ordered the bank to stop payment.
 There must be evidence that the NOTE: Failure to make good within 5 banking
pretense of the accused that he days prima facie evidence of knowledge of
possesses power/influence is false. lack and insufficiency
ELEMENTS of estafa by postdating a check or ELEMENTS of the offense defined in the second
issuing a check in payment of an obligation: paragraph of section 1: BP 22
1. That the offender postdated a check, or 1. That a person has sufficient funds in or
issued a check in payment of an credit with the drawee bank when he
obligation. makes or draws and issues a check.
2. That such postdatig or issuing a check 2. That he fails to keep sufficient funds or to
was done when the offender had no funds maintain a credit to cover the full amount
in the bank or his funds deposited therein of the check if presented within a period
were not sufficient to cover the amount of of 90 days from the date appearing
the check. thereon.
 Good faith is a defense. (PP. VS. 3. That the check is dishonored by the
VILLAPANDO, 56 PHIL.31) drawee bank.
 Dishonor from lack of funds to prima facie NOTE: Failure to make good within 5 banking
evidence of deceit or failure to make days prima facie evididence of knowledge of
good within three days after notice of. lack and insufficiency
 No funds in the bank or his funds are not
sufficient ELEMENTS of estafa by inducing another to sign
 If check was issued in payment of pre- any documents:
existing debt – no estafa 1. That the offender induced the offended
 Offender must be able to obtain party to sign a document.
something from the offended party by 2. That deceit be employed to make him
means of the check he issues and sign the document.
delivers 3. That the offended party personally signed
 If postdating a check issued as mere the document.
guarantee/promissory note – no estafa. 4. That prejudice be caused.
NOTE: If offended party willingly signed the
ELEMENTS of offense defined in the first document and there was deceit as to the
paragraph of section 1: BP 22 character or contents of the document –
1. That a person makes or draws and issues falsification; but where the accused made
any check. representation to mislead the complainants
as to the character of the documents – estafa
119
ELEMENTS of estafa by removing, concealing or encumbering or mortgaging the real

destroying documents:
property).
1. That there be court records, office files,
4. That the act be made to the prejudice
documents or any other papers.
of the owner or a third person.
2. That the offender removed, concealed or
ESTAFA INFIDELITY IN THE CUSTODY
destroyed any of them. OF DOCUMENTS
3. That the offender had intent to Private individual Public officer entrusted
defraud another. was entrusted
NOTE: No intent to defraud – destroying or Intent to defraud No intent to defraud
removal = malicious mischief ELEMENTS OF SWINDLING PAR 2:
1. That the thing disposed of be real
ELEMENTS of damage or prejudice may consist property.
of the ff: 2. That the offender knew that the real
1. The offender party being deprived of his property was encumbered, whether the
money or property, as a result of the encumbrance is recorded or not.
defraudation. 3. That there must be express
2. Disturbance in property right or representation by the offender that the
3. Temporary prejudice. real property is free from encumbrance.
4. That the act of disposing of the real
Art. 316. Other forms of swindling — The penalty property be made to the damage of
of arresto mayor in its minimum and medium period
and a fine of not less than the value of the damage another.
caused and not more than three times such value,
shall be imposed upon: ELEMENTS OF SWINDLING PAR 3:
1. That the offender is the owner of personal
1. Any person who, pretending to be owner of property.
any real property, shall convey, sell, encumber or 2. That said personal property is in the
mortgage the same.
2. Any person, who, knowing that real property is lawful possession of another.
encumbered, shall dispose of the same, 3. That the offender wrongfully takes it from
although such encumbrance be not recorded. its lawful possessor.
3. The owner of any personal property who shall 4. That prejudice is thereby caused to the
wrongfully take it from its lawful possessor, to possessor or third person.
the prejudice of the latter or any third person.
4. Any person who, to the prejudice of another,
shall execute any fictitious contract. ELEMENTS OF SWINDLING PAR 6:
5. Any person who shall accept any compensation 1. That the offender is a surety in a bond
given him under the belief that it was in payment of given in a criminal or civil action.
services rendered or labor performed by him, when in
fact he did not actually perform such services or
2. That he guaranteed the fulfillment of such
labor. obligation with his real property or
6. Any person who, while being a surety in a bond properties.
given in a criminal or civil action, without express 3. That he sells, mortgages, or, in any other
authority from the court or before the cancellation of manner encumbers said real property.
his bond or before being relieved from the obligation
contracted by him, shall sell, mortgage, or, in any 4. That such sale, mortage or encumbrance
other manner, encumber the real property or is (a) without express authority from the
properties with which he guaranteed the fulfillment court, or (b) made before the cancellation
ELEMENTS OF SWINDLING PAR 1: of his bond, or (c) before being relieved
1. That the thing be immovable, such as a from the obligation contracted by him.
parcel of land or a building.
2. That the offender who is not the owner Art. 317. Swindling a minor — Any person who
of said property represented that he is taking advantage of the inexperience or emotions or
feelings of a minor, to his detriment, shall induce him
the owner thereof.
to assume any obligation or to give any release or
3. That the offender should have executed execute a transfer of any property right in
an act of ownership (selling, leasing, consideration of some loan of money, credit or other
120
personal property, whether the loan clearly appears ELEMENTS of selling or pledging personal
in the document or is shown in any other form, shall property already pledged:
suffer the penalty of arresto mayor and a fine of a 1. That personal property is already pledged
sum ranging from 10 to 50 per cent of the value of
the obligation contracted by the minor.
under the terms of the chattel mortgage
ELEMENTS: law.
1. That the offender takes advantage of the 2. That the offender, who is the mortgagee
inexperience or emotions or feelings of a of such property, sells or pledges the
minor. same or any part thereof.
2. That he induces such minor (a) ro 3. That there is no consent of the mortgagee
assume an obligation, or (b) to give written on the back of the mortgage and
release, or (c) to execute a transfer of any noted on the record thereof in the office of
property right. the register of deeds.
3. That the consideration is (a) some loan
of money (b) credit or (c) other personal ELEMENTS of knowingly removing mortgaged
personal property:
property.
1. That personal property is mortgaged
4. That the transaction is to the detriment
under the chattel mortage law.
of such minor.
2. That the offender knows that such
Art. 318. Other deceits — The penalty of arresto property is so mortaged.
mayor and a fine of not less than the amount of the 3. That he removes such mortgaged
damage caused and not more than twice such personal to any province or city other
amount shall be imposed upon any person who shall than the one in which it was located at the
defraud or damage another by any other deceit not
mentioned in the preceding articles of this chapter.
time of the execution of the mortgage.
4. That the removal is permanent.
Any person who, for profit or gain, shall interpret 5. That there is no written consent of the
dreams, make forecasts, tell fortunes, or take mortgagee or his executors,
advantage of the credulity of the public in any other administration or assigns to such
similar manner, shall suffer the penalty of arresto removal.
mayor or a fine not exceeding 200 pesos.
ELEMENTS: CHAPTER 8: ARSON AND OTHER CRIMES
1. not mentioned above; INVOLVING DESTRUCTIONS
2. interpretation of dreams, forecast, future-
telling for profit or gain. NOTE: PD 1613 expressly repealed or
amended Arts 320-326, but PD 1744 revived
CHAPTER 7: CHATTEL MORTGAGE Art 320
Art. 319. Removal, sale or pledge of mortgaged

property — The penalty or arresto mayor or a fine
amounting to twice the value of the property shall be
imposed upon:
1. Any person who shall knowingly remove any

personal property mortgaged under the Chattel
Mortgage Law to any province or city other than the
one in which it was located at the time of the
execution of the mortgage, without the written
consent of the mortgagee, or his executors,
administrators or assigns.
2. Any mortgagor who shall sell or pledge personal
property already pledged, or any part thereof, under
the terms of the Chattel Mortgage Law, without the
consent of the mortgagee written on the back of the
mortgage and noted on the record hereof in the
office of the Register of Deeds of the province where
such property is located.
121
Art. 320. Destructive arson — The penalty of
reclusion temporal in its maximum period to reclusion
perpetua shall be imposed upon any person who
shall burn:
1. Any arsenal, shipyard, storehouse or military

powder or fireworks factory, ordinance,
storehouse, archives or general museum of the
Government.
2. Any passenger train or motor vehicle in motion
or vessel out of port.
3. In an inhabited place, any storehouse or factory
of inflammable or explosive materials.
Art. 321. Other forms of arson — When the arson

consists in the burning of other property and under
the circumstances given hereunder, the offender
shall be punishable:
122
1. By reclusion temporal or reclusion perpetua:

imposed.
(a) if the offender shall set fire to any building,
6. The penalty of prision correccional in its
farmhouse, warehouse, hut, shelter, or vessel in port,
medium and maximum periods, if the damage
knowing it to be occupied at the time by one or more
caused in the case mentioned in paragraph (b) of
persons;
subdivision 3 of this article does not exceed 6,000
(b) If the building burned is a public building and
pesos but is over 200 pesos.
value of the damage caused exceeds 6,000 pesos;
7. The penalty of prision correccional in its
(c) If the building burned is a public building and the
minimum and medium periods, if the damage
purpose is to destroy evidence kept therein to be
caused in the case mentioned paragraph (b)
used in instituting prosecution for the punishment of
subdivision 3 of this article does not exceed 200
violators of the law, irrespective of the amount of the
pesos.
damage;
8. The penalty of arresto mayor and a fine
(d) If the building burned is a public building and the
ranging from fifty to one hundred per centum if
purpose is to destroy evidence kept therein to be
the damage caused shall be imposed, when the
used in legislative, judicial or administrative
property burned consists of grain fields, pasture
proceedings, irrespective of the amount of the
lands, forests, or plantations when the value of such
damage; Provided, however, That if the evidence
property does not exceed 200 pesos. (As amended
destroyed is to be used against the defendant for the
by R.A. 5467, approved May 12, 1969).
prosecution of any crime punishable under existing
laws, the penalty shall be reclusion perpetua;
(e) If the arson shall have been committed with Art. 322. Cases of arson not included in the
the intention of collecting under an insurance preceding articles — Cases of arson not included in
policy against loss or damage by fire. the next preceding articles shall be punished:
2. By reclusion temporal:
(a) If an inhabited house or any other building in 1. By arresto mayor in its medium and maximum
which people are accustomed to meet is set on fire, periods, when the damage caused does not exceed
and the culprit did not know that such house or 50 pesos;
building was occupied at the time, or if he shall set fire 2. By arresto mayor in its maximum period to prision
to a moving freight train or motor vehicle, and the correccional in its minimum period, when the damage
value of the damage caused exceeds 6,000 pesos; caused is over 50 pesos but does not exceed 200
(b) If the value of the damage caused in paragraph pesos;
(b) of the preceding subdivision does not exceed 3. By prision correccional in its minimum and
6,000 pesos; medium periods, if the damage caused is over 200
(c) If a farm, sugar mill, cane mill, mill central, pesos but does not exceed 1,000 pesos; and
bamboo groves or any similar plantation is set on fire 4. By prision correccional in its medium and
and the damage caused exceeds 6,000 pesos; and maximum periods, if it is over 1,000 pesos.
(d) If grain fields, pasture lands, or forests, or
plantings are set on fire, and the damage caused Art. 323. Arson of property of small value — The
exceeds 6,000 pesos. arson of any uninhabited hut, storehouse, barn, shed,
3. By prision mayor: or any other property the value of which does not
(a) If the value of the damage caused in the case exceed 25 pesos, committed at a time or under
mentioned in paragraphs (a), (c), and (d) in the next circumstances which clearly exclude all danger of the
preceding subdivision does not exceed 6,000 pesos; fire spreading, shall not be punished by the penalties
(b) If a building not used as a dwelling or place of respectively prescribed in this chapter, but in
assembly, located in a populated place, is set on accordance with the damage caused and under the
fire, and the damage caused exceeds 6,000 pesos; provisions of the following chapter.
4. By prision correccional in its maximum
period to prision mayor in its medium period:
Art. 324. Crimes involving destruction — Any
(a) If a building used as dwelling located in an
person who shall cause destruction by means of
uninhabited place is set on fire and the damage
explosion, discharge of electric current, inundation,
caused exceeds 1,000 pesos;
sinking or stranding of a vessel, intentional damaging
(b) If the value or the damage caused in the case
of the engine of said vessel, taking up the rails from a
mentioned in paragraphs (c) and (d) of subdivision
railway track, maliciously changing railway signals for
2 of this article does not exceed 200 pesos.
the safety of moving trains, destroying telegraph wires
5. By prision correccional in its medium period
and telegraph posts, or those of any other system,
to prision mayor in its minimum period, when the
and, in general, by using any other agency or means
damage caused is over 200 pesos but does not
of destruction as effective as those above
exceed 1,000 pesos, and the property referred to in
enumerated, shall be punished by reclusion temporal
paragraph (a) of the preceding subdivision is set on
if the commission has endangered the safety of any
fire; but when the value of such property does not
person, otherwise, the penalty of prision mayor shall
exceed 200 pesos, the penalty next lower in degree
be imposed.
than that prescribed in this subdivision shall be
123
Art. 325. Burning one’s own property as means to 1. If after the fire, are found materials or substances
commit arson — Any person guilty of arson or soaked in gasoline, kerosene, petroleum, or other
causing great destruction of the property belonging to inflammables, or any mechanical, electrical
another shall suffer the penalties prescribed in this chemical or traces or any of the foregoing.
chapter, even though he shall have set fire to or
destroyed his own property for the purposes of 2. That substantial amount of inflammable
committing the substance or materials were stored within the
ELEMENTS of arsons of property of small building not necessary in the course of the
values: defendant’s business; and
1. That an uninhabited hut, storehouse,
barn, shed or any other property is 3. That the fire started simultaneously in more than
burned one part of the building or locale under circumstances
2. That the value of the property burned that cannot normally be due to accidental or
unintentional causes: Provided, however, That at
does not exceed 25 pesos least one of the following is present in any of the
3. That the burning was done at a time or three above-mentioned circumstances:
under circumstances which clearly
exclude all danger of the fire spreading (a) That the total insurance carried on the building
and/or goods is more than 80 per cent of the value
ELEMENTS of crime involving destruction: of such building and/or goods at the time of the fire;
(b) That the defendant after the fire has presented
1. That the offender causes destruction a fraudulent claim for loss.
of the property
2. That the destruction was done by means The penalty of prision correccional shall be imposed
of: on one who plants the articles above-mentioned, in
a. explosion order to secure a conviction, or as a means of
b. discharge of electric current extortion or coercion. (As amended by R.A. 5467,
approved May 12, 1969).
c. inundation
ELEMENTS of arson:
d. sinking or stranding of a vessel
1. That the property burned is the exclusive
e. damaging the engine of the vessel
property of the offender
f. taking up rails from the railway track
2. That (a) the purpose of the offender is
g. destroying telegraph wires and posts
burning it is to defraud or cause
or those of any other system
damage to another or (b) prejudice is
h. other similar effective means
of destruction actually caused, or (c) the thing burned
ELEMENTS of burning one’s property as a is a building in an inhabited place
means to commit arson:
1. That the offender set fire to or destroyed CHAPTER 9: MALICIOUS MISCHIEF
his own property
2. That the purpose of the offender in doing Art. 327. Who are liable for malicious mischief —
Any person who shall deliberately cause the property
so was to commit arson or to cause a of another any damage not falling within the terms of
great destruction the next preceding chapter shall be guilty of malicious
3. That the property belonging to another mischief.
was burned or destroyed ELEMENTS:
1. That the offender deliberately caused
Art. 326-A. In cases where death resulted as a damage to the property of another.
consequence of arson — If death resulted as a 2. That such act does not constitute arson or
consequence of arson committed on any of the
properties and under any of the circumstances
other crimes involving destruction.
mentioned in the preceding articles, the court shall 3. That the act damaging another’s property
impose the death penalty. be committed merely for the sake of
damaging it.
Art. 326-B. Prima facie evidence of arson— Any of
the following circumstances shall constitute prima  Malicious mischief – willful damaging of
facie evidence of arson:
another’s property for the sake of
causing
124
damage due to hate, revenge or other evil ELEMENTS:

motive 1. Not included in 328
 No negligence a. scattering human excrement
 Example. Killing the cow as revenge b. killing of cow as an act of revenge
 If no malice – only civil liability
 Damage is also diminution in value Art. 330. Damage and obstruction to means of
communication. — The penalty of prision
 But after damaging the thing, he used it = correccional in its medium and maximum periods
theft shall be imposed upon any person who shall
 Damage is not incident of a crime damage any railway, telegraph or telephone lines.
(breaking windows in robbery)
If the damage shall result in any derailment of cars,
Art. 328. Special cases of malicious mischief. — collision or other accident, the penalty of prision
Any person who shall cause damage to obstruct the mayor shall be imposed, without prejudice to the
performance of public functions, or using any criminal liability of the offender for the other
poisonous or corrosive substance; or spreading any consequences of his criminal act.
infection or contagion among cattle; or who cause
damage to the property of the National Museum or For the purpose of the provisions of the article, the
National Library, or to any archive or registry, electric wires, traction cables, signal system and
waterworks, road, promenade, or any other thing other things pertaining to railways, shall be deemed
used in common by the public, shall be punished: to constitute an integral part of a railway system.
ELEMENTS:
1. By prision correccional in its minimum and  Done by damaging railways, telegraph,
medium periods, if the value of the damage caused telephone lines, electric wires, traction
exceeds 1,000 pesos;
2. By arresto mayor, if such value does not exceed
cables, signal system of railways
the abovementioned amount but it is over 200  Removing rails from tracks is destruction
pesos; and (art 324)
3. By arresto menor, in such value does not  Not applicable when telegraph/phone
exceed 200 pesos.
lines don’t pertain to railways (example:
SPECIAL CASES of malicious mischief: for transmission of electric power/light)
1. Obstruct performance of public functions.
 People killed as a result:
2. Using poisonous or corrosive substances.
 Circumstance qualifying the offense if the
3. Spreading infection or contagious among
damage shall result in any derailment of
cattle.
cars, collision or other accident – a higher
4. Damage to property of national museum
penalty shall be imposed
or library, archive, registry, waterworks,
 Murder – if derailment is means of intent
road, promenade, or any other thing
ised in common by the public. to kill
NOTE: Qualified malicious mischief – no  None – art 48
uprising or sedition (#1)
Art. 331. Destroying or damaging statues, public
monuments or paintings. — Any person who shall
Art. 329. Other mischiefs. — The mischiefs not destroy or damage statues or any other useful or
included in the next preceding article shall be ornamental public monument shall suffer the penalty
punished: of arresto mayor in its medium period to prision
correccional in its minimum period.
1. By arresto mayor in its medium and maximum
periods, if the value of the damage caused
Any person who shall destroy or damage any useful
exceeds 1,000 pesos;
or ornamental painting of a public nature shall suffer
2. By arresto mayor in its minimum and medium
the penalty of arresto menor or a fine not exceeding
periods, if such value is over 200 pesos but does
200 pesos, or both such fine and imprisonment, in
not exceed 1,000 pesos; and
the discretion of the court.
3. By arresto menor or fine of not less than the value
of the damage caused and not more than 200
pesos, if the amount involved does not exceed 200 CHAPTER 10: EXEMPTION FROM CRIMINAL
pesos or cannot be estimated. LIABILITY IN CRIMES AGAINST PROPERTY
125
Art. 332. Persons exempt from criminal liability — Adultery shall be punished by prision correccional in
No criminal, but only civil liability, shall result from the its medium and maximum periods.
commission of the crime of theft, swindling or
malicious mischief committed or caused mutually by
If the person guilty of adultery committed this offense
the following persons:
while being abandoned without justification by the
1. Spouses, ascendants and descendants,
offended spouse, the penalty next lower in degree
or relatives by affinity in the same line.ch
than that provided in the next preceding paragraph
2. The widowed spouse with respect to the
shall be imposed.
property which belonged to the deceased
spouse before the same shall have passed into
ELEMENTS:
the possession of another; and 1. That the woman is married (even if
3. Brothers and sisters and brothers-in-law marriage subsequently declared void)
and sisters-in-law, if living together. 2. That she has sexual intercourse with a
man not her husband.
The exemption established by this article shall not be
applicable to strangers participating in the 3. That as regards the man with whom she
commission of the crime. has sexual intercourses, he must know
Persons exempt from criminal liability: her to be married.
1. Spouse, ascendants and descendants or
relatives by affinity in the same line  mitigated if wife was abandoned without
2. The widowed spouse with respect to the justification by the offended spouse (man
property w/c belonged to the deceased is not entitled to this mitigating
spouse before the same passed into the circumstance)
possession of another  attempted: caught disrobing a lover
3. Brothers and sisters and brothers-in-law
and sisters-in-law, if living together Art. 334. Concubinage — Any husband who shall
keep a mistress in the conjugal dwelling, or shall have
sexual intercourse, under scandalous circumstances,
Offenses involved in the exemption:
with a woman who is not his wife, or shall cohabit with
1. Theft her in any other place, shall be punished by prision
2. Swindling correccional in its minimum and medium periods.
3. Malicious mischief
The concubine shall suffer the penalty of destierro.
 Exemption is based on family relations ELEMENTS:
 Parties to the crime not related to 1. That the man must be married.
the offended party still remains 2. That he committed any of the following
criminally liable acts:
 Persons exempt include: 3. Keeping a mistress in the conjugal
stepfather/mother (ascendants by affinity) dwelling.
a. adopted children (descendants) 4. Having sexual intercourse under
b. concubine/paramour (spouse) scandalous circumstances with a woman
c. common law spouse (propert is part who is not his wife.
of their earnings) 5. Cohabiting with her in any other place.
6. That as regards the woman she must
TITLE ELEVEN know him to be married.
CRIMES AGAINST CHASTITY NOTE: ―Scandal‖ consists in any
reprehensible word/deed that offends public
CHAPTER 1: ADULTERY AND CONCUBINAGE conscience, redounds to the detriment of the
feelings of honest persons and gives
Art. 333. Who are guilty of adultery — Adultery is occasions to the neighbor’s spiritual damage
committed by any married woman who shall have and ruin
sexual intercourse with a man not her husband and
by the man who has carnal knowledge of her
knowing her to be married, even if the marriage be CHAPTER 2: RAPE AND ACTS OF
subsequently declared void. LASCIVIOUSNESS
126
Art. 335. When and how rape is committed — with the education or custody of the woman seduced,
Rape is committed by having carnal knowledge of a shall be punished by prision correccional in its
woman under any of the following circumstances: minimum and medium periods.
1. By using force or intimidation; The penalty next higher in degree shall be imposed
2. When the woman is deprived of reason upon any person who shall seduce his sister or
or otherwise unconscious; and descendant, whether or not she be a virgin or over
3. When the woman is under twelve years of age, eighteen years of age.
even though neither of the circumstances
mentioned in the two next preceding paragraphs
Under the provisions of this Chapter, seduction is
shall be present.
committed when the offender has carnal knowledge of
The crime of rape shall be punished by reclusion
any of the persons and under the circumstances
perpetua.
described herein.
TWO CLASSES:
Whenever the crime of rape is committed with the use
1. Seduction of a virgin over 12 and under
of a deadly weapon or by two or more persons, the
penalty shall be reclusion perpetua to death. 18 years of age by certain persons, such
as a person in authority, priest, teachers
When by reason or on the occasion of the rape, the etc and
victim has become insane, the penalty shall be death. 2. Seduction of a sister by her brother or
descendant by her ascendant, regardless
When rape is attempted or frustrated and a homicide of her age or reputation (incestuous
is committed by reason or on the occasion thereof, seduction)
the penalty shall be likewise death.
ELEMENTS:
When by reason or on the occasion of the rape, a
homicide is committed, the penalty shall be death. 1. That the offended party is a virgin, which
(As amended by R.A. 2632, approved June 18, 1960, is (presumed if she unmarried and of
and good reputation.)
R.A. 4111, approved June 20, 1964). 2. That she must be over 12 and under
18 years of age.
Art. 336. Acts of lasciviousness — Any person who 3. That the offender has sexual intercourse
shall commit any act of lasciviousness upon other
persons of either sex, under any of the circumstances with her.
mentioned in the preceding article, shall be punished 4. That there is abuse of authority,
by prision correccional.
ELEMENTS of acts of lasciviousness: confidence or relationship on the part of
1. That the offender commits any act the offender ( person entrusted with
of lasciviousness or lewdness. education or custody of victim; person in
2. That it is done under any of the following public authority, priest; servant)
circumstances:
a. by using force or intimidation, or PERSONS LIABLE:
b. when the offended party is deprived 1. Those who abuse their authority:
of reason or otherwise unconscious, a. persons in public authority
or b. guardian
c. when the offended party is under 12 c. teacher
years of age. d. person who, in any capacity, is
3. That the offended party is another person entrusted with the education or
of either sex. custody of the woman seduced
2. Those who abused the confidence
CHAPTER 3: SEDUCTION, CORRUPTION OF reposed in them:
MINORS AND WHITE SLAVE TRADE a. priest
b. house servant
Art. 337. Qualified seduction — The seduction of a c. domestic
virgin over twelve years and under eighteen years of 3. Those who abused their relationship:
age, committed by any person in public authority,
priest, home-servant, domestic, guardian, teacher, or a. brother who seduced his sister
any person who, in any capacity, shall be entrusted
127
b. ascendant who seduced his imposed upon any person who, in any manner, or
descendant under any pretext, shall engage in the business or
shall profit by prostitution or shall enlist the services
of any other for the purpose of prostitution (As
Art. 338. Simple seduction — The seduction of a amended by BP Blg. 186.)
woman who is single or a widow of good reputation,
over twelve but under eighteen years of age,
ACTS PENALIZED:
committed by means of deceit, shall be punished by 1. Engaging in the business
arresto mayor. of prostitution
2. Profiting by prostitution
ELEMENTS: 3. Enlisting the servicxe of women for
1. That the offended party is over 12 the purpose of prostitution
and under 18 years of age.
2. That she must be of good reputation, CHAPTER 4: ABDUCTION
single or widow.
3. That the offender has sexual Art. 342. Forcible abduction — The abduction
of any woman against her will and with lewd
intercourse with her. designs shall be punished by reclusion temporal.
4. That it is committed by means of
deceit. NOTE: common form is The same penalty shall be imposed in every case, if
unconditional promise to marry the female abducted be under twelve years of age.
ELEMENTS:
Art. 339. Acts of lasciviousness with the consent 1. That the person abducted is any woman,
of the offended party — The penalty of arresto regardless of her age, civil status, or
mayor shall be imposed to punish any other acts of
lasciviousness committed by the same persons and reputation.
the same circumstances as those provided in 2. That the abduction is against her will.
Articles 337 and 338. 3. That the abduction is with lewd designs.
ELEMENTS: NOTE: Sexual intercourse is NOT necessary
1. That the offender commits acts  Crimes against chastity where age and
of lasciviousness or lewdness. reputation of victim are immaterial: rape,
2. That the acts are committed upon a acts of lasciviousness, qualified seduction
woman who is virgin or single or widow of sister/descendant, forcible abduction.
of good reputation, under 18 years of age
but over 12 years, or a sister or Art. 343. Consented abduction — The abduction of
descendant regardless of her reputation a virgin over twelve years and under eighteen years
or age. of age, carried out with her consent and with lewd
designs, shall be punished by the penalty of prision
3. That the offender accomplishes the acts correccional in its minimum and medium periods.
by abuse of authority, confidence, ELEMENTS:
relationship, or deceit. 1. That the offended party must be a virgin.
2. That she must be over 12 and under
Art. 340. Corruption of minors — Any person who
18 years of age.
shall promote or facilitate the prostitution or
corruption of persons underage to satisfy the lust of 3. That the taking away of the offended
another, shall be punished by prision mayor, and if party must be with her consent, after
the culprit is a pubic officer or employee, including solicitation or cajolery from the offender.
those in government-owned or controlled 4. That the taking away of the
corporations, he shall also suffer the penalty of
temporary absolute disqualification. (As amended by offended party must be with lewd
 Act punishable: By promoting or designs.
facilitating the prostitution or corruption
of persons underage to satisfy the lust of CHAPTER 5: PROVISIONS RELATIVE TO THE
PRECEDING CHAPTERS OF TITLE ELEVEN
another
Art. 344. Prosecution of the crimes of adultery,
Art. 341. White slave trade — The penalty of prision concubinage, seduction, abduction, rape and acts
mayor in its medium and maximum period shall be of lasciviousness— The crimes of adultery and
concubinage shall not be prosecuted except upon a
128
complaint filed by the offended spouse. CIVIL LIABILITY of persons guilty of rape,
seduction or abduction:
The offended party cannot institute criminal 1. To idemnify the offended women
prosecution without including both the guilty parties, if 2. To acknowledge the offspring, unless the
they are both alive, nor, in any case, if he shall have
consented or pardoned the offenders. law should prevent him from doing so
3. In every case to support the offspring
The offenses of seduction, abduction, rape or acts of
lasciviousness, shall not be prosecuted except upon Art. 346. Liability of ascendants, guardians,
a complaint filed by the offended party or her parents, teachers, or other persons entrusted with the
grandparents, or guardian, nor, in any case, if the custody of the offended party — The ascendants,
offender has been expressly pardoned by the above guardians, curators, teachers and any person who,
named persons, as the case may be. by abuse of authority or confidential relationships,
shall cooperate as accomplices in the perpetration of
In cases of seduction, abduction, acts of the crimes embraced in chapters, second, third and
lasciviousness and rape, the marriage of the offender fourth, of this title, shall be punished as principals.
with the offended party shall extinguish the criminal
action or remit the penalty already imposed upon him. Teachers or other persons in any other capacity
The provisions of this paragraph shall also be entrusted with the education and guidance of youth,
applicable to the co-principals, accomplices and shall also suffer the penalty of temporary special
accessories after the fact of the above-mentioned disqualification in its maximum period to perpetual
crimes. special disqualification.
1. Adultery and concubinage must be Any person falling within the terms of this article, and
prosecuted upon complaint signed by the any other person guilty of corruption of minors for the
offended spouse benefit of another, shall be punished by special
disqualification from filling the office of guardian.
2. Seduction, abduction, rape or acts of
lasciviousness must be prosecuted
upon complaint signed by: TITLE TWELVE
a. offended party CRIMES AGAINST THE CIVIL STATUS OF
b. by her parents PERSONS
c. grandparents
d. guardians in the order in which they CHAPTER 1: SIMULATION OF BIRTHS AND
USURPATION OF CIVIL STATUS
are named above
NOTE: Marriage of the offender with the Art. 347. Simulation of births, substitution of one
offended party extinguishes the criminal child for another and concealment or
abandonment of a legitimate child — The
action or remit the penalty already imposed simulation of births and the substitution of one child
upon him. This applies as well to the for another shall be punished by prision mayor and a
accomplices, accessories-after-the-fact. But fine of not exceeding 1,000 pesos.
marriages must be in good faith. This rule
does not apply in case of multiple rape. The same penalties shall be imposed upon any
person who shall conceal or abandon any legitimate
child with intent to cause such child to lose its civil
Art. 345. Civil liability of persons guilty of status.
crimes against chastity — Person guilty of rape,
seduction or abduction, shall also be sentenced:
Any physician or surgeon or public officer who, in
violation of the duties of his profession or office, shall
1. To indemnify the offended woman.
cooperate in the execution of any of the crimes
2. To acknowledge the offspring, unless the mentioned in the two next preceding paragraphs,
law should prevent him from so doing. shall suffer the penalties therein prescribed and also
3. In every case to support the offspring.
the penalty of temporary special disqualification.
The adulterer and the concubine in the case ACTS PUNISHED:

provided for in Articles 333 and 334 may also be
sentenced, in the same proceeding or in a separate
1. Simulation of births
civil proceeding, to indemnify for damages caused to 2. Substitution of one child for another
the offended spouse.
129
3. Concealing or abandoning any legitimate be presumed dead according to the civil

child with the intent to cause such child to code.
lose its civil status 3. That he contracts a second or
subsequent marriage.
REQUISITES: 4. That the second or subsequent marriage
1. The child must be legitimate has all the essential requisites for validity.
2. The offender conceals or abandons such
child  The crime does not fall within the
3. The offender has the intent to cause the category of private crimes that can be
child to lose its civil status prosecuted only at the instance of the
offended party
ELEMENTS:
 A simulated marriage is not marriage at
1. Child is baptized or registered in the
all and can be used as a defense for
Registry of birth as hers
bigamy
2. Child loses its real status and acquiires a
 There must be a summary proceeding to
new one
3. Actor’s purpose was to cause the loss declare the absent spouse presumptively
dead for purposes of remarriage
of any trace as to the child’s true filiation
 Failure to exercise due diligence to
Art. 348. Usurpation of civil status — The penalty ascertain the whereabouts of the 1st wife
of prision mayor shall be imposed upon any person is bigamy through reckless imprudence
who shall usurp the civil status of another, should he  A judicial declaration of the nullity of a
do so for the purpose of defrauding the offended part marriage void ab initio is now required
or his heirs; otherwise, the penalty of prision
correccional in its medium and maximum periods  One convicted for bigamy may be
shall be imposed. prosecuted for concubinage as both are
 Committed by a person who represents distinct offenses
himself as another and assumes the  One who vouches that there is no legal
filiation or rights pertaining to such person impediment knowing that one of the
 There must be criminal intent to enjoy the parties is already married is an
civil rights of another by the offender accomplice.
knowing he is not entitled thereto Art. 350. Marriage contracted against provisions
 Committed by asuming the filiation, or of laws — The penalty of prision correccional in its
the parental or conjugal rights of another medium and maximum periods shall be imposed
 Circumstances qualifying the offense: upon any person who, without being included in the
provisions of the next proceeding article, shall have
penalty is heavier when the purpose not been complied with or that the marriage is in
of the impersonation is to defraud the disregard of a legal impediment.
offended party or hios heirs.
If either of the contracting parties shall obtain the
CHAPTER 2: ILLEGAL MARRIAGES consent of the other by means of violence,
Art. 349. Bigamy — The penalty of prision mayor intimidation or fraud, he shall be punished by the
shall be imposed upon any person who shall contract maximum period of the penalty provided in the next
a second or subsequent marriage before the former preceding paragraph.
marriage has been legally dissolved, or before the ELEMENTS:
absent spouse has been declared presumptively 1. That the offender contracted marriage.
dead by means of a judgment rendered in the proper 2. That he knew at the time that
proceedings.
ELEMENTS: 3. the requirement of the law were not
1. That the offender has been legally complied with, or
married. 4. The marriage was in disregard of a legal
2. That the marriage has not been legally impediment.
dissolved or, in case his or her spouse is NOTE: Circumstance qualifying the offense: if
absent, the absent spouse could not yet either of the contracting parties obtains the
130
consent of the other by means of violence, 1. That there must be an imputation of a

intimidation or fraud. crime, or of a vice or defect, real or
imaginary, or any act, omission, condition,
Art. 351. Premature marriages — Any widow status, or circumstances.
who shall marry within three hundred and one
2. That the imputation must be
day from the date of the death of her husband,
or before having delivered if she shall have made publicly.
been pregnant at the time of his death, shall be 3. That it must be malicious.
punished by arresto mayor and a fine not 4. That the imputation must be directed at a
exceeding 500 pesos. natural or juridical person, or one who is
dead.
The same penalties shall be imposed upon any 5. That the imputation must tend to cause
woman whose marriage shall have been the dishonor, discredit or contempt of
annulled or dissolved, if she shall marry before the person defamed.
her delivery or before the expiration of the
period of three hundred and one day after the
 Libel is a public and malicious imputation
legal separation.
of a crime, or a vice or defect, real or
ACTS PUNISHED: imaginary or any act, commission,
1. A widow who within 301 days from death condition, status or circumstances
of husband, got married or before her tending to cause the dishonor, discredit or
delivery, if she was pregnant at the time contempt of a natural or juridical person,
of his death or to blacken the memory of one who is
2. A woman whose marriage having been dead
dissolved or annulled, married before her
 Kinds of malice: (a) malice in law; (b)
delivery or within 301 days after the legal
malice in fact
separation.
 Malice is presumed to exist in injurious
Art. 352. Performance of illegal marriage
publications
ceremony — Priests or ministers of any religious  Publication is the communication of the
denomination or sect, or civil authorities who shall defamatory matter to some third person/s
perform or authorize any illegal marriage ceremony  Person libeled must be identified. But the
shall be punished in accordance with the provisions
of the Marriage Law. publication need not refer by name to the
 Act punished: performance of any illegal libeled party. If not named it must be
marriage ceremony by a priest or minister shown that the description of the person
of any religious denomination or sect or referred to in the defamatory publication
by civil authorities was sufficiently clear so that at least a 3rd
person would have identified the plaintiff.
TITLE THIRTEEN  There are as many crimes as there are
CRIMES AGAINST HONOR persons defamed.
 To presume publication there must be a
CHAPTER 1: LIBEL reasonable probability that the alleged a
libelous matter was thereby exposed to
Section 1 - Definitions, forms, and be read or seen by 3rd persons.
punishment of this crime Criterion to determine whether statements
are defamatory
Art. 353. Definition of libel — A libel is public and 1. words are calculated to induce the
malicious imputation of a crime, or of a vice or defect, hearers to suppose and understand that
real or imaginary, or any act, omission, condition, the person against who they are uttered
status, or circumstance tending to cause the
dishonor, discredit, or contempt of a natural or were guilty of certain offenses, or are
juridical person, or to blacken the memory of one who sufficient to impeach their honesty,
ELEMENTS: virtue or reputation, or to hole the person
up to public ridicule(US v O’Connel)
131
2. 2 )construed not only as to the expression 3. That the statements in the communication
used but also with respect to the whole are made in good faith without malice in
scope and apparent object of the writer.(P fact
v Encarnacion)
4. Fair and true report, made in good faith,
Libel Perjury
-false accusation need not be -false accusation is
without any comments and remarks
made under oath made under oath
REQUISITES:
1. that the publication of a report of an
official proceeding is a fair and true report
Art. 354. Requirement for publicity — Every of a judicial, legislative, or other official
defamatory imputation is presumed to be malicious, proceedings which are not of confidential
even if it be true, if no good intention and justifiable
motive for making it is shown, except in the following
nature, or of a statement, report, or
cases: speech delivered in said proceedings, or
of any other act performed by a public
1. A private communication made by any person officer
to another in the performance of any legal, moral 2. that it is made in good faith
or social duty; and 3. that it is made without any comments or
remarks
2. A fair and true report, made in good faith, without
any comments or remarks, of any judicial, legislative
or other official proceedings which are not of Art. 355. Libel means by writings or similar means
confidential nature, or of any statement, report or — A libel committed by means of writing, printing,
speech delivered in said proceedings, or of any other lithography, engraving, radio, phonograph, painting,
act performed by public officers in the exercise of theatrical exhibition, cinematographic exhibition, or
their functions. any similar means, shall be punished by prision
KINDS of privileged communication: correccional in its minimum and medium periods or a
1. Absolutely privileged – not actionable fine ranging from 200 to 6,000 pesos, or both, in
even if the actor has acted in bad addition to the civil action which may be brought by
the offended party.
faith
2. Qualifiedly privileged – those which NOTE: Enumerates the means by which libel
although containing defamatory may be committed: writing, printing,
imputations could not be actionable lithography, engraving, radio phonograph,
unless made with malice or bad faith painting, theatrical or cinematographic
exhibitions or any similar means
GENERAL RULE:
Art. 356. Threatening to publish and offer to
 Every defamatory imputation is presumed present such publication for a compensation —
malicious even if it be true, if no good The penalty of arresto mayor or a fine from 200 to
intention and justifiable motive for making 2,000 pesos, or both, shall be imposed upon any
it is shown person who threatens another to publish a libel
concerning him or the parents, spouse, child, or
EXCEPTION: other members of the family of the latter or upon
 Private communication in performance anyone who shall offer to prevent the publication of
of legal, moral or social duty such libel for a compensation or money
NOTE: Clearly, just a case of blackmail-any
ELEMENTS: unlawful extortion of money by threats of
1. That the person who made the accusation and exposure
communication had a legal, moral or -possible in light threats Art 283 and in threat
social duty to make the communication or to publish Art 356.
at least he had an interest to be upheld
2. That the communication is addressed to Art. 357. Prohibited publication of acts referred to
an officer or a board, or superior, in the course of official proceedings — The
penalty of arresto mayor or a fine of from 20 to 2,000
having some interest or duty on the pesos, or both, shall be imposed upon any reporter,
matter editor or manager or a newspaper, daily or magazine,
who shall publish facts connected with the private life
132
another and offensive to the honor, virtue and contempt upon another person. If said act is not of a
reputation of said person, even though said serious nature, the penalty shall be arresto menor
publication be made in connection with or under the or a fine not exceeding 200 pesos.
pretext that it is necessary in the narration of any ELEMENTS:
judicial or administrative proceedings wherein such 1. That the offender performs any act not
facts have been mentioned.
included in any other crime against honor.
ELEMENTS:
2. That such act is performed in the
1. That the offender is a reporter, editor or
presence of other person or
manager of a newspaper, daily or
persons.
magazine.
3. That such act casts dishonor, discredit or
2. That he publishes facts connected with
contempt upon the offended party.
the private life of another.
3. That such facts are offensive to
the honor, virtue and reputation of  Seriousness depends on the social
said person. standing of offended party, the
circumstances surrounding the act, the
occasion, etc.
 Even though made in connection with or
 The acts of slapping and boxing the
under the pretext that it is necessary in
woman, a teacher, in the presence of
the narration of any judicial or
many people has put her to dishonor,
administrative proceedings wherein such
contempt and ridicule. (P v Costa)
facts have been mentioned.
Art. 358. Slander — Oral defamation shall be

DISTINCTIONS:
punished by arresto mayor in its maximum period to 1. Unjust Vexation-irritation or
prision correccional in its minimum period if it is of a annoyance/anything that annoys or
serious and insulting nature; otherwise the penalty irritates without justification.
shall be arresto menor or a fine not exceeding 200
2. Slander by Deed-irritation or annoyance +
pesos.
ELEMENTS: attendant publicity and dishonor or
1. action of a serious and insulting nature contempt.
(Grave slander) 3. Acts of lasciviousness-irritation or
2. light insult or defamation – not serious in annoyance + any of 3 circumstance
nature (simple slander) provided in Art335 of RPC on rape
3. Factors that determine gravity of the a. use of force or intimidation
b. deprivation of reason or rendering the
offense:
offended unconscious
a. expressions used
c. offended party under 12 yrs of
b. personal relations of the accused and
age+lewd designs
the offended party
Section 2 - General provisions
c. circumstances surrounding the case
 Words uttered in the heat of anger
Art. 360. Persons responsible — Any person who
constitute light oral defamation (P v shall publish, exhibit, or cause the publication or
Doronilla) exhibition of any defamation in writing or by similar
 If the utterances were made publicly and means, shall be responsible for the same.
were heard by many people and the
accused at the same time levelled his The author or editor of a book or pamphlet, or the
editor or business manager of a daily newspaper,
finger at the complainant, oral
magazine or serial publication, shall be responsible
defamation is committed (P v Salleque) for the defamations contained therein to the same
extent as if he were the author thereof.
Art. 359. Slander by deed — The penalty of arresto
mayor in its maximum period to prision correccional The criminal and civil action for damages in cases of
in its minimum period or a fine ranging from 200 to written defamations as provided for in this chapter,
1,000 pesos shall be imposed upon any person who shall be filed simultaneously or separately with the
shall perform any act not included and punished in court of first instance of the province or city where the
this title, which shall cast dishonor, discredit or libelous article is printed and first published or where
133
any of the offended parties actually resides at the 2. Venue of criminal and civil action
time of the commission of the offense: Provided, for damages in cases of written
however, That where one of the offended parties is a
public officer whose office is in the City of Manila at
defamation:
the time of the commission of the offense, the action a. where the libelous article is printed
shall be filed in the Court of First Instance of the City and 1st published OR
of Manila, or of the city or province where the b. where any of the offended parties
libelous article is printed and first published, and in actually resides at the time of the
case such public officer does not hold office in the
City of Manila, the action shall be filed in the Court of commission of the offense
First Instance of the province or city where he held 3. Where one of the offended parties is
office at the time of the commission of the offense or a public officer:
where the libelous article is printed and first published a. if his office is in the City of Manila
and in case one of the offended parties is a private
individual, the action shall be filed in the Court of First  RTC of Manila OR
Instance of the province or city where he actually  city/province where the article is
resides at the time of the commission of the offense printed and 1st published
or where the libelous matter is printed and first b. Otherwise
published: Provided, further, That the civil action shall
be filed in the same court where the criminal action is - RTC of the city/province where he
filed and vice versa: Provided, furthermore, That the held office at the time of offense OR
court where the criminal action or civil action for - where the article is 1st published
damages is first filed, shall acquire jurisdiction to the 4. Where one of the offended parties is a
exclusion of other courts: And, provided, finally, That private individual:
this amendment shall not apply to cases of written
defamations, the civil and/or criminal actions which 1. RTC of province/city where he
have been filed in court at the time of the effectivity of actually resides at the time of the
this law. crime
2. where article was printed or 1st
Preliminary investigation of criminal action for written published
defamations as provided for in the chapter shall be NOTE: Offended party must file complaint for
conducted by the provincial or city fiscal of the
province or city, or by the municipal court of the city defamation imputing a crime which cannot be
or capital of the province where such action may be prosecuted de oficio (e.g. adultery,
instituted in accordance with the provisions of this concubinage, rape, seduction, abduction, and
article. acts of lasciviousness)
No criminal action for defamation which consists in
the imputation of a crime which cannot be Art. 361. Proof of the truth — In every criminal
prosecuted de oficio shall be brought except at the prosecution for libel, the truth may be given in
instance of and upon complaint expressly filed by the evidence to the court and if it appears that the matter
offended party. (As amended by R.A. 1289, charged as libelous is true, and, moreover, that it was
1. Who are liable published with good motives and for justifiable ends,
the defendants shall be acquitted.
a. person who publishes, exhibits or
causes the publication or exhibition of Proof of the truth of an imputation of an act or
any defamation in writing or similar omission not constituting a crime shall not be
means(par.1) admitted, unless the imputation shall have been
b. author or editor of a book or pamphlet made against Government employees with respect to
c. editor or business manager of a daily facts related to the discharge of their official duties.
newspaper magazine or serial
In such cases if the defendant proves the truth of the
publication(par.2) imputation made by him, he shall be acquitted.
d. owner of the printing plant which ADMISSIBLE WHEN:
publishes a libelous article with his 1. the act or omission imputed constitutes a
consent and all other persons who crime regardless of whether the offended
in any way participate in or have party is a private individual or a public
connection with its publication (US v officer
Ortiz) 2. the offended party is a government
employee, even if the act or omission
134
imputed does not constitute a crime be imposed for any intrigue which has for its principal
provided it is related to the discharge of purpose to blemish the honor or reputation of a
his official duties person.
HOW COMMITTED: by any person who shall
REQUISITES FOR ACQUITTAL: make any intrigue which has for its principal
1. it appears that the matter charged as purpose to blemish the honor or reputation of
libelous is TRUE (for situations 1 and 2 another person
above)
2. it was published with good motives and  Intriguing against honor refers to any
for a justifiable end (for situation 1 only) scheme or plot designed to blemish the
NOTES: The proof of the truth of the reputation of another or of such trickery or
accusation cannot be made to rest upon secret plot.
mere hearsay, rumors, or suspicion. It must  Committed by saying to others an
rest upon positive direct evidence, upon unattributable thing, if said to the person
which a definite finding may be made by the himself it is slander.
court (US v Sotto)
The Anti-WireTapping Act (R.A. 4200)
Art. 362. Libelous remarks — Libelous remarks or
comments connected with the matter privileged under ACTS PUNISHED:
the provisions of Article 354, if made with malice, 1. any person, not authorized by all the
shall not exempt the author thereof nor the editor or
managing editor of a newspaper from criminal liability. parties to any private communication or
 Libelous remarks or comments on spoken word
privileged matters (under Art. 354) if a. taps any wire of cable OR
made with malice in fact will not exempt b. uses any other device or
the author and editor. arrangement, to secretly overhear,
*This article is a limitation to the defense of intercept, or record such
privileged communication. communication or spoken word by
using a device commonly known as a
CHAPTER 2: INCRIMINATORY MACHINATIONS dictaphone or dictagraph or walkie
Art. 363. Incriminating innocent person — Any talkie or tape recorder
person who, by any act not constituting perjury, shall 2. any person, whether or not a participant
directly incriminate or impute to an innocent person in the above-mentioned acts:
the commission of a crime, shall be punished by
arresto menor.
a. knowingly possesses any tape record,
ELEMENTS: wire record, disc record, or any other
1. That the offender performs an act. such record or copies thereof of any
2. That by such act he directly incriminates communication or spoken word
or imputes to an innocent person the b. replays the same for any other person
commission of a crime. c. communicates the contents thereof,
3. That such act does not constitute whether complete or partial, to any
perjury. 4. other person
TWO KINDS:
1. making a statement which is  Peace officer is exempt if acts done under
a. defamatory or lawful order of the court. You can only
b. ii. perjurious (if made under oath use the recording for the case for which it
and is false) was validly requested.
2. planting evidence  Information obtained in violation of the Act
NOTE: article is limited to planting evidence is inadmissible in evidence in any hearing
and the like or investigation.
Art. 364. Intriguing against honor — The penalty of TITLE FOURTEEN

arresto menor or fine not exceeding 200 pesos shall QUASI-OFFENSES
135
taking into consideration his employment or

SOLE CHAPTER: CRIMINAL NEGLIGENCE occupation, degree of intelligence, physical condition
and other circumstances regarding persons, time
and place.
Art. 365. Imprudence and negligence — Any
person who, by reckless imprudence, shall commit
any act which, had it been intentional, would Simple imprudence consists in the lack of precaution
constitute a grave felony, shall suffer the penalty of displayed in those cases in which the damage
arresto mayor in its maximum period to prision impending to be caused is not immediate nor the
correccional in its medium period; if it would have danger clearly manifest.
constituted a less grave felony, the penalty of arresto
mayor in its minimum and medium periods shall be The penalty next higher in degree to those provided
imposed; if it would have constituted a light felony, for in this article shall be imposed upon the offender
the penalty of arresto menor in its maximum period who fails to lend on the spot to the injured parties
shall be imposed. such help as may be in this hand to give. (As
amended by R.A. 1790, approved June 21, 1957).
Any person who, by simple imprudence or ELEMENTS of reckless imprudence:
negligence, shall commit an act which would 1. That the offender does or fails to do
otherwise constitute a grave felony, shall suffer the
an act.
penalty of arresto mayor in its medium and maximum
periods; if it would have constituted a less serious 2. That the doing of or the failure to do
felony, the penalty of arresto mayor in its minimum that act is voluntary.
period shall be imposed. 3. That it be without malice.
4. That material damage results.
When the execution of the act covered by this article 5. That there is inexcusable lack of
shall have only resulted in damage to the property of precaution on the part of the offender,
another, the offender shall be punished by a fine
ranging from an amount equal to the value of said taking into consideration
damages to three times such value, but which shall in a. his employment or occupation
no case be less than twenty-five pesos. b. degree of intelligence, physical
condition, and
A fine not exceeding two hundred pesos and censure c. other circumstances regarding
shall be imposed upon any person who, by simple persons, time and place.
imprudence or negligence, shall cause some wrong
which, if done maliciously, would have constituted a
light felony. ELEMENTS of simple imprudence:
1. That there is lack of precaution on the
In the imposition of these penalties, the court shall part of the offender.
exercise their sound discretion, without regard to the 2. That the damage impending to be caused
rules prescribed in Article sixty-four. in not immediate or the danger is not
clearly manifest.
The provisions contained in this article shall not be
applicable:
1. When the penalty provided for the offense is equal  Art.64 on mitigating and
to or lower than those provided in the first two aggravating circumstances not
paragraphs of this article, in which case the court applicable.
shall impose the penalty next lower in degree than
 Failure to lend on the spot assistance to
that which should be imposed in the period which
they may deem proper to apply. victim of his negligence:penalty next
2. When, by imprudence or negligence and with higher in degree.
violation of the Automobile Law, to death of a person  Abandoning usually punishable under Art
shall be caused, in which case the defendant shall 275, if charged under Art365 is only
be punished by prision correccional in its medium
and maximum periods. qualifying and if not alleged cannot even
be an aggravating circumstance.
Reckless imprudence consists in voluntary, but  Contributory negligence—not a defense,
without malice, doing or falling to do an act from only mitigating
which material damage results by reason of
inexcusable lack of precaution on the part of the
person performing of failing to perform such act,
Last clear chance doctrine -
136
 The contributory negligence of the

injured party will no t 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, 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 a choice
which a person of ordinary prudence
placed in such a position might make
even though he did not make the wisest
choice.
137

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CRIMINAL LAW BOOK 2 REVIEWER

ATENEO CENTRAL BAR OPERATIONS 2001

TITLE ONE 2. Confession of the accused in open

4. Filipino citizens can commit treason

 Crime is committed in time of peace,

Example. X burns Chinese flag. If China

ELEMENTS: Art. 119. Violation of neutrality — The penalty of

2. That there is a regulation issued by

belongings of its complement or The above may result to qualified mutiny.

2 WAYS OF COMMITTING PIRACY:

 High seas: any waters on the sea coast

Art. 123. Qualified piracy — The penalty of reclusion

 Parricide/infanticide should be included

CHAPTER 1: ARBITRARY DETENTION OR

Classes of Arbitrary Detention:

Section 1 - Arbitrary detention and expulsion

ELEMENTS: Art. 124. Arbitrary detention — Any public officer or

1. That the offender is a public officer or

 Really means delay in filing necessary

authority (courts, prosecutors – though b) the performance of such judicial or

Section 2 – Violation of domicile

cannot lawfully enter the dwelling against

If the offense be committed in the night-time, or if any

 Aggravating Circumstance (medium and

 Search warrant is valid for 10 days from

Art. 130. Searching domicile without witnesses —

 Order of those who must witness the

Section 3 - Prohibition, interruption and

ELEMENTS: Art. 131. Prohibition, interruption and dissolution

 If the offender is a private individual,

that no speaker should touch on politics

of Religious the officers, unjust read: granting of pardon of pemberton

from the crime of rebellion. Furthermore, it holding any public office or

When the rebellion, insurrection, or coup’d’etat shall

ELEMENTS of proposal to commit:

 Organizing a group of soldiers,

ELEMENTS: Art. 137. Disloyalty of public officers or

2. Continuing to discharge the duties of and tumultuously in order to attain by force,

Direct assault- sedition

Art. 142. Inciting to sedition — The penalty of  WHEN PUNISHABLE:

punishable under the code by a penalty 2) purpose : to commit any of crimes

PERSONS LIABLE: intimidation, or (d) makes a serious

 direct provision of law or by election or by

Art. 151. Resistance and disobedience to a person

ELEMENTS PAR. 2:  Persons in Authority – any person directly

 Section 388 of the Local Gov’t Code 2. Interrupting or disturbing public

before they have been published officially; or offensive to another or prejudicial to

 A policeman assigned to the city jail as d. connivance with other convicts or

CHAPTER 6: EVASION OF SERVICE OF

Art. 157. Evasion of service of sentence — The

Convicts who, under the circumstances mentioned in

 Penalty: an increase by 1/5 of the time

after reaching the said age, unless by reason of his

 When the signature of the President is

1. Possession of coin, counterfeited or issued by a foreign government.

ELEMENTS: REQUISITES OF PAR. 5 & 6:

imposed upon: 1. That the offender committed any of the

(intent to cause damage not receiving wireless, cable or telephone

ELEMENTS (concealing true name): ELEMENTS:

 A defendant who voluntarily goes up on 1. That an accused made a statement under