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A. Crimes against NATIONAL SECURITY AND THE LAW OF NATIONS 16. Disobedience to summons issued by the National Assembly, its committees or
1. Treason subcommittees, by the Constitutional Commissions, its committees,
2. Conspiracy and proposal to commit treason subcommittees or divisions
3. Misprision of treason 17. Resistance and disobedience to a person in authority or the agents of such
4. Espionage person
5. Inciting to war or giving motives for reprisals 18. Tumults and other disturbances of public order – Tumultuous disturbance or
6. Violation of neutrality interruption liable to cause disturbance
7. Correspondence with hostile country 19. Unlawful use of means of publication and unlawful utterances
8. Flight to enemy’s country 20. Alarms and scandals
9. Piracy in general and mutiny on the high seas or in Philippine waters 21. Delivering prisoners from jail
10. Qualified Piracy 22. Evasion of service of sentence
23. Evasion of service of sentence on the occasion of disorders, conflagrations,
B. Crimes against the FUNDAMENTAL LAWS OF THE STATE earthquakes, or other calamities
1. Arbitrary detention 24. Violation of conditional pardon
2. Delay in the delivery of detained persons to the proper judicial authorities 25. Commission of another crime during service of penalty imposed for another
3. Delaying release previous offense
4. Expulsion
5. Violation of domicile D. Crimes against PUBLIC INTEREST
6. Search warrants maliciously obtained, and abuse in the service of those legally 1. Counterfeiting the great seal of the Government of the Philippine Islands,
obtained forging the signature or stamp of the Chief Executive
7. Searching domicile without witnesses 2. Using forged signature or counterfeit seal or stamp
8. Prohibition, interruption, and dissolution of peaceful meetings 3. Making and importing and uttering false coins
9. Interruption of religious worship 4. Mutilation of coins – Importation and utterance of mutilated coins
10. Offending the religious feelings 5. Selling of false or mutilated coin, without connivance
6. Forging treasury or bank notes or other documents payable to bearer;
C. Crimes against PUBLIC ORDER importing and uttering such false or forged notes and documents
1. Rebellion or insurrection 7. Counterfeiting, importing, and uttering instruments not payable to bearer
2. Coup d’etat 8. Illegal possession and use of false treasury or bank notes and other
3. Conspiracy and proposal to commit coup d’etat, rebellion or insurrection instruments of credit
4. Disloyalty of public officers or employees 9. Falsification of legislative document
5. Inciting to rebellion or insurrection 10. Falsification by a public officer, employee or notary or ecclesiastical minister
6. Sedition 11. Falsification by private individuals and use of falsified documents
7. Conspiracy to commit sedition 12. Falsification of wireless, cable, telegraph, and telephone messages, and use of
8. Inciting to sedition said falsified messages
9. Acts tending to prevent the meeting of the Assembly and similar bodies 13. False medical certificates, false certificates of merit or service, etc.
10. Disturbance of proceedings 14. Using false certificates
11. Violation of parliamentary immunity 15. Manufacturing and possession of instruments or implements for falsification
12. Illegal assemblies 16. Usurpation of authority or official functions
13. Illegal associations 17. Using fictitious name and concealing true name
14. Direct assaults 18. Illegal use of uniforms or insignia
15. Indirect assaults 19. False testimony against a defendant
20. False testimony favorable to the defendant
21. False testimony in civil cases
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22. False testimony in other cases and perjury in solemn affirmation 19. Failure to make delivery of public funds or property
23. Offering false testimony in evidence 20. Infidelity in the custody of prisoners
24. Machinations in public auctions 21. Conniving with or consenting to evasion
25. Monopolies and combinations in restraint of trade 22. Evasion thru negligence
26. Importation and disposition of falsely marked articles or merchandise made of 23. Escape of prisoner under the custody of a person not a public officer
gold, silver, or other precious metals or their alloys 24. Removal, concealment or destruction of documents
27. Substituting and altering trademarks, tradenames, or service marks 25. Officer breaking seal
28. Unfair competition, fraudulent registration of tradename, trademark, or service 26. Opening of closed documents
mark, fraudulent designation of origin, and false description 27. Revelation of secrets by an officer
28. Public officer revealing secrets of private individual
E. Crimes relative to OPIUM AND OTHER PROHIBITED DRUGS 29. Open disobedience
- See Dangerous Drug Act 30. Disobedience to order of superior officer, when said order was suspended by
inferior officer
F. Crimes against PUBLIC MORALS 31. Refusal of assistance
1. Gambling 32. Refusal to discharge elective office
2. Importation, sale and possession of lottery tickets or advertisements 33. Maltreatment of prisoners
3. Betting in sports contests 34. Anticipation of duties of a public office
4. Illegal betting on horse races 35. Prolonging performance of duties and powers
5. Illegal cockfighting 36. Abandonment of office or position
6. Grave scandal 37. Usurpation of legislative powers
7. Immoral doctrines, obscene publications and exhibitions, and indecent shows 38. Usurpation of executive functions
8. Vagrancy and prostitution 39. Usurpation of judicial functions
40. Disobeying request for disqualification
G. Crimes committed by PUBLIC OFFICERS 41. Orders or requests by executive officers to any judicial authority
1. Knowingly rendering unjust judgment 42. Unlawful appointments
2. Judgment rendered thru negligence 43. Abuses against chastity
3. Unjust interlocutory order
4. Malicious delay in the administration of justice H. Crimes against PERSONS
5. Prosecution of offenses; negligence and tolerance 1. Parricide
6. Betrayal of trust by an attorney or solicitor – Revelation of secrets 2. Death or physical injuries inflicted under exceptional circumstances
7. Direct bribery 3. Murder
8. Indirect bribery 4. Homicide
9. Qualified bribery 5. Death caused in a tumultuous affray
10. Corruption of public officials 6. Physical injuries inflicted in a tumultuous affray
11. Frauds against the public treasury and similar offenses 7. Giving assistance to suicide
12. Other frauds 8. Discharge of firearms
13. Prohibited transactions 9. Infanticide
14. Possession of prohibited interest by a public officer 10. Intentional abortion
15. Malversation of public funds or property 11. Unintentional abortion
16. Failure of accountable officer to render accounts 12. Abortion practiced by the woman herself or by her parents
17. Failure of a responsible public officer to render accounts before leaving the 13. Abortion practiced by a physician or midwife and dispensing of abortives
country 14. Duel
18. Illegal use of public funds 15. Challenging to a duel
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16. Mutilation 5. Robbery in an uninhabited place or in a private building

17. Serious physical injuries 6. Possession of picklocks or similar tools
18. Administering injurious substances or beverages 7. Brigandage
19. Less serious physical injuries 8. Aiding and abetting a band of brigands
20. Slight physical injuries and maltreatment 9. Theft
21. Rape 10. Qualified theft
11. Theft of the property of the National Library and National Museum
I. Crimes against PERSONAL LIBERTY AND SECURITY 12. Occupation of real property or usurpation of real rights in property
1. Kidnapping and serious illegal detention 13. Altering boundaries or landmarks
2. Slight illegal detention 14. Fraudulent insolvency
3. Unlawful arrest 15. Swindling
4. Kidnapping and failure to return a minor 16. Other forms of swindling
5. Inducing a minor to abandon his home 17. Swindling a minor
6. Slavery 18. Other deceits
7. Exploitation of child labor 19. Removal, sale or pledge of mortgaged property
8. Services rendered under compulsion in payment of debt 20. Destructive arson
9. Abandonment of persons in danger and abandonment of one’s own victim 21. Other forms of arson
10. Abandoning a minor 22. Arson of property of small value
11. Abandonment of minor by a person entrusted with his custody; indifference of 23. Crimes involving destruction
parents 24. Burning one’s own property as means to commit arson
12. Exploitation of minors 25. Setting fire to property exclusively owned by the offender
13. Trespass to dwelling 26. Malicious mischief
14. Qualified trespass to dwelling 27. Special cases of malicious mischief
15. Other forms of trespass 28. Damage and obstruction to means of communication
16. Grave threats 29. Destroying or damaging statues, public monuments or paintings
17. Light threats
18. Other light threats K. Crimes against CHASTITY
19. Grave coercions 1. Adultery
20. Light coercions 2. Concubinage
21. Other similar coercions 3. Acts of lasciviousness
22. Formation, maintenance, and prohibition of combination of capital labor thru 4. Qualified seduction
violence and threats 5. Simple seduction
23. Discovering secrets thru seizure of correspondence 6. Acts of lasciviousness with the consent of the offended party
24. Revealing secrets with abuse of office 7. Corruption of minors
25. Revelation of industrial secrets 8. White slave trade
9. Forcible abduction
10. Consented abduction
L. Crimes against the CIVIL STATUS OF PERSONS
J. Crimes against PROPERTY 1. Simulation of births, substitution of one child for another, and concealment or
1. Robbery with violence against or intimidation of persons abandonment of a legitimate child
2. Attempted and frustrated robbery committed under certain circumstances 2. Usurpation of civil status
3. Execution of deeds by means of violence or intimidation 3. Bigamy
4. Robbery in an inhabited house or public building or edifice devoted to worship 4. Marriage contracted against provisions of law
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5. Premature marriages  Adhering to the enemies, giving them aid or comfort – both must
6. Performance of illegal marriage ceremony concur together.
 Adherence to the enemy – when a citizen intellectually or emotionally
M. Crimes against HONOR favors the enemy and harbors sympathies or convictions disloyal to his
1. Libel by means of writings or similar means country’s policy or interest.
2. Threatening to publish and offer to prevent such publication for a  Aid or comfort – act which strengthens or tends to strengthen the enemy in
compensation the conduct of war against the traitor’s country and an act which weakens or
3. Prohibited publication of acts referred to in the course of official proceedings tends to weaken the power of the traitor’s country to resist or to attack the
4. Slander enemy.
5. Slander by deed - The aid or comfort must be given to the enemy by some kind of action. It
6. Incriminating innocent person must be a deed or physical activity, not merely a mental operation.
7. Intriguing against honor  Act of giving information to the enemy constituted not only giving aid and
comfort, but also adherence to the enemy.
N. QUASI-OFFENSES  The act committed need not actually strengthen the enemy. It is not the
- Imprudence and Negligence degree of success, but rather the aim for which the act was perpetrated, that
determines the commission of treason.
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS  Acceptance of public duties and discharge of official duties under the enemy
TREASON do not constitute per se the felony of treason.
- Breach of allegiance to a government, committed by a person who owes  Mere governmental work during the Japanese regime is not an act of treason.
allegiance to it.  No treason thru negligence.
 Murder and Physical injuries are inherent in the crime of treason.
Elements: FW-LA  It is a CONTINUOUS OFFENSE.
1. Filipino citizen or alien residing in the Philippines is the offender
2. War in which the Philippines is involved Treason by a FILIPINO CITIZEN Treason by an ALIEN
3. Offender either (a) Levies war against the Government, or (b) Adheres to the Can be committed outside of the Must be committed in the Philippines.
enemies, giving them aid or comfort. Philippines.

Permanent allegiance Temporary allegiance No person shall be convicted of treason unless:

Obligation of fidelity and obedience Obligation of fidelity and obedience 1. On the testimony of 2 witnesses at least to the same overt act; or
which a citizen or subject owes to his which a resident alien owes to our 2. On confession of the accused in open court.
government or sovereign. government.
 Overt act – physical activity/deed that constitutes rendering of aid and
 Treason cannot be committed in time of peace. It is a war crime. comfort.
 Levying war against the government – requires the concurrence of 2  Same act, same place, same moment of time.
things:  Defendant should be acquitted if only one of the 2 witnesses is believed by the
a. Actual assembling of men court.
b. Purpose is to execute a treasonable design by force.  The singleness of purpose is not enough to make one of two acts.
 In treason by levying war, it is not necessary that there be a formal  It is sufficient that the witnesses are uniform in their testimony on the overt
declaration of the existence of a state of war. Actual hostilities may determine act; it is not necessary that there be corroboration between them on the point
the date of the commencement of war. they testified.
 The war must be directed against the government.  Adherence may be proved:
 Levying war must be in collaboration with a foreign enemy a. By 1 witness;
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b. From the nature of the act itself; or 1. Offender must be Owing allegiance to the Government;
c. From the circumstances surrounding the act. 2. He must Not be a foreigner;
 Confession – must be made in open court. It means a confession of guilt. It 3. He has Knowledge of any conspiracy to commit treason against the
is not only an admission of facts made by the accused in giving his testimony Government;
after a plea of not guilty, from which admissions of his guilt can be inferred. 4. He Conceals or does not disclose and make known the same as soon as
possible to the governor or fiscal of the province or the mayor or fiscal of the
Aggravating circumstances in treason city in which he resides.
- Cruelty and ignominy. Rales, wanton robbery for personal gain, and brutality
with which the killing or physical injuries are carried out are regarded as  This crime cannot be committed by a resident alien.
ignominy and cruelty.  This does not apply when the crime of treason is already committed by
- Evident premeditation is not aggravating in treason. Superior strength and someone and the accused does nor report its commission to the proper
treachery are circumstances inherent in treason. authority.
- Art. 64 is not strictly applied to treason. The amount or degree of aid or  The offender in misprision of treason is punished as an ACCESSORY to
comfort given the enemy as well as the gravity of the separate and distinct treason.
acts of treason committed by the accused, rather than the circumstances  The offender is, however, a principal in the crime of misprision of treason.
aggravating or mitigating the offense, determine the period of penalty to be  Art. 116 is an exception to the rule that mere silence does not make a
imposed. person criminally liable.

 Lawful obedience to a de facto government is a good defense in treason. ESPIONAGE

 Nothing will excuse that act of joining an enemy but the fear of immediate - Offense of gathering, transmitting, or losing information respecting the
death. national defense, with intent or reason to believe that the information is to be
used to the injury of the Republic or to the advantage of any foreign nation.
CONSPIRACY and PROPOSAL TO COMMIT TREASON
2 ways of committing espionage:
Conspiracy to commit treason – committed when: ITCD 1. Elements of Par 1: ENP
1. In time of war; a. Offender Enters a warship, fort, or naval or military establishment or
2. Two or more persons; reservation;
3. Come to an agreement to levy war against the Government or to adhere to b. He has No authority therefor;
the enemies and to give them aid or comfort; and c. Purpose is to obtain information, plans, photographs or other date of a
4. Decide to commit it. confidential nature relative to the defense of the Philippines.
 The offender here is any person, whether a citizen or a foreigner, a private
Proposal to commit treason – committed when: individual or a public officer.
1. In time of war;
2. A Person who has decided to levy war against the Government or to adhere to 2. Elements of Par 2: PPPD
the enemies and to give them aid or comfort; a. Offender is a Public officer;
3. Proposes its execution to some other person or persons. b. He Possesses the articles, data or information referred to in Par. 1, Art.
17;
 The 2-witness rule does not apply to conspiracy or proposal to commit c. He Possesses them by reason of the Public office he holds;
treason. This is a separate and distinct offense from that of treason. d. He Discloses their contents to a representative of a foreign nation.
 To be liable under par. 1, the offender must have the intention to obtain
MISPRISION OF TREASON information relative to the defense of the Philippines. No intention, no
Elements: ONKC liability under par. 1, Art. 17.
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 It is not necessary that the information, etc. is obtained. It is sufficient that he  Even if the correspondence contains innocent matters, if the correspondence
has the purpose to obtain them when he entered a warship, fort, naval or has been prohibited by the Government, it is punishable.
military establishment.
FLIGHT TO ENEMY’S COUNTRY
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS Elements: WO-AP
Elements: UPE 1. There is a War in which the Philippines is involved;
1. Unlawful or unauthorized acts are performed by the offender; 2. Offender must be Owing allegiance to the Government;
2. Such acts Provoke or give occasion for a war involving or liable to involve the 3. He Attempts to flee or go to an enemy country;
Philippines or Expose Filipino citizens to reprisals on their persons or property. 4. The going to enemy country is Prohibited by competent authority.

 Examples: Raising, without sufficient authorization, of troops within the  The allegiance contemplated in this article is either natural or temporary
Philippines for the service of a foreign nation against another nation. allegiance. Hence, an alien resident may be guilty of flight to enemy
Public destruction of the flag or seal of a foreign state or the public country.
manifestations of hostility to the head or ambassador of another state.  Mere attempt to flee or go to enemy country consummates the crime.
 Intention of the offender is immaterial.
 This crime is committed in time of peace. PIRACY
 Penalty is higher when the offender is a public officer or employee. Elements: V-NAS
1. Vessel is on the high seas or in Philippine waters;
VIOLATION OF NEUTRALITY 2. Offenders are Not members of the complement or passengers of the vessel;
Elements: W-RCV 3. Offenders (a) Attack or seize the vessel, or (b) Seize the whole or part of the
1. There is a War in which the Philippines is not involved; cargo of said vessel, its equipment or personal belongings of its complement
2. There is a Regulation for the purpose of enforcing neutrality; or passengers.
3. Competent authority issued such regulation;
4. Offender Violates such regulation. 2 ways of committing piracy: AS
1. By Attacking or seizing a vessel on the high seas or in Philippine waters;
CORRESPONDENCE WITH HOSTILE COUNTRY 2. By Seizing in the vessel while on the high seas or in the Philippine waters the
Elements: WMC whole or part of its cargo, its equipment or personal belongings of its
1. It is in time of War in which the Philippines is involved; complement or passengers.
2. Offender Makes correspondence with an enemy country or territory occupied
by enemy troops; MUTINY – committed by the other members of the complement and may be
3. Correspondence is either – pcc committed by the passengers of the vessel.
a. Prohibited by the government (prision correccional), or - It is the unlawful resistance to a superior officer, or the raising of commotions
b. Carried on ciphers or conventional signs (prision mayor), or and disturbances on board a ship against the authority of its commander.
c. Containing notice or information which might be useful to the enemy
(reclusion temporal). PIRACY MUTINY
The persons who attack the vessel or The persons who attack a vessel or seize
Circumstances qualifying the offense: The following must concur together: UI seize its cargo are strangers to saidits cargo are members of the crew or
1. Usefulness of the notice or information to the enemy. vessel. passengers.
2. Intention of the offender to aid the enemy. Intent to gain is essential. Offenders may only intend to ignore the
 If the offender intended to aid the enemy by gibing such notice or information, ship’s officers or they may be prompted
the crime amounts to TREASON; hence, the penalty is the same as that of by a desire to commit plunder.
When is piracy and mutiny considered as TERRORISM?
treason.
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- A person who commits an act punishable as piracy and mutiny thereby sowing 2. Whenever he has Exploded or attempted to explode any bomb or explosive to
and creating a condition of widespread and extraordinary fear and panic destroy the aircraft; or
among the populace, in order to coerce the government to give in to an 3. Whenever the crime is accompanied by Murder, homicide, serious physical
unlawful demand, shall be guilty of the crime of terrorism. injuries or rape.

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE Crimes against the fundamental laws of the State are called as such because
QUALIFIED PIRACY they violate certain provisions of the Bill of Rights.
Piracy or mutiny is qualified if any of the following circumstances is present: BA-MHPR
1. When offenders seize the vessel by Boarding or firing upon the same; Classes of Arbitrary Detention: ADD
2. Whenever the pirates have Abandoned their victims without means of saving 1. Arbitrary detention by detaining a person without legal ground.
themselves (mutineers are excluded); or 2. Delay in the delivery of detained persons to the proper judicial authority.
3. When the crime is accompanied by Murder, Homicide, Physical injuries, or 3. Delaying release.
Rape.
ARBITRARY DETENTION
 Qualified piracy is a special complex crime punishable by reclusion Elements: PDW
perpetua to death, regardless of the number of victims. 1. Public officer or employee is the offender.
 Any person who knowingly and in any manner: 2. He Detains a person.
1. Aids or protects pirates, such as giving them information about the 3. Without legal grounds.
movement of police or other peace officers of the government; or
2. Acquires or receives property taken by such pirates; or The (1) commission of a crime, or (2) violent insanity or (3) any other ailment
3. Derives any benefit therefrom in any manner, shall be considered as an requiring the compulsory confinement of the patient in a hospital, shall be considered
ACCOMPLICE of the principal offenders. LEGAL GROUNDS FOR THE DETENTION of any person.

Acts punished by RA 6235 PERIOD OF DETENTION PENALTY

1. Compelling a change in the course or destination of an aircraft of Philippine Did not exceed 3 days Arresto mayor in its maximum period to
registry while it is in flight. prision correccional in its minimum
2. Seizing or usurping the control of an aircraft of Philippine registry while it is in period.
flight. More than 3 days but not more than 15 Prision correccional in its medium and
3. Compelling an aircraft of foreign registry to land in Philippine territory. days maximum periods.
4. Seizing or usurping the control of an aircraft of foreign registry while it is More than 15 days but not more than 6 Prision mayor
within the said territory. months
More than 6 months Reclusion temporal
5. Loading or carrying in any passenger aircraft operating as a public utility
within the Philippines, any explosive, flammable, corrosive or poisonous
 If the detention is perpetrated by other public officers, the crime committed
substance or material.
may be illegal detention, because they are acting in their private capacity.
 If the offender is a private individual, the act of detaining another is illegal
In flight – an aircraft is in flight from the moment all its external doors are closed
detention.
following embarkation until any of such doors is opened for disembarkation.
Exception: Private individuals who conspired with public officers in detaining
certain persons are guilty of arbitrary detention.
Qualifying circumstances: FEM
1. Whenever he has Fired upon the pilot, member of the crew or passenger of
Detention – actual confinement of a person in an enclosure, or in any manner
the aircraft.
detaining and depriving him of his liberty.
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- Even if the persons detained could move freely in and out of their prison cell c. 36 hours, for crimes or offenses punishable by afflictive or capital
and could take their meals outside the prison, nevertheless, if they were under penalties, or their equivalent.
the surveillance of the guards and they could not escape for fear of being
apprehended again, there would still be arbitrary detention.  If the offender is a private person, the crime is illegal detention.
 Art 125 applies only when the arrest is made without a warrant of arrest.
 Arrest without a warrant is the usual cause of arbitrary detention. But the arrest must be lawful.
If the arrest is made WITH a warrant of arrest, the person arrested can be
When may a person be arrested without a warrant? A peace officer or a private detained indefinitely until his case is decided by the court or he posts a bail
person may, without a warrant, arrest a person: for his temporary release.
1. When, in his presence, the person to be arrested has committed, is  Sec. 7, Rule 112 Criminal Procedure – When a person is lawfully arrested
committing, or is attempting to commit an offense; without a warrant involving an offense which requires a preliminary
2. When an offense has in fact just been committed, and he has probable cause investigation, the complaint or information may be filed by a prosecutor
to believe based on personal knowledge of facts and circumstances that the without need of such investigation provided an inquest has been conducted
person to be arrested has committed it; and in accordance with existing Rules. In the absence or unavailability of an
3. When the person to be arrested is a prisoner who has escaped from a penal inquest prosecutor, the complaint may be filed by the offended party or a
establishment or place where he is serving judgment or temporarily confined peace officer directly with the proper court on the basis of the affidavit of the
while his case is pending, or has escaped while being transferred from one offended party or arresting officer or person.
confinement to another.
PRELIMINARY INVESTIGATION INQUEST
In his presence – when the officer sees the offense being committed, although at a Inquiry or proceeding to determine Summary inquiry conducted by a
distance, or hears the disturbance created thereby and proceeds at once to the whether there is sufficient ground to prosecutor for the purpose of
scene thereof, or when the offense is continuing or has not been consummated engender a well-founded belief that a determining whether the warrantless
at the time the arrest is made, the offense is said to be committed in his presence. crime has been committed and the arrest of a person was based on
respondent is probably guilty thereof, probable cause.
Probable Cause – such facts and circumstances that could impel a reasonably and should be held for trial.
prudent man to believe that a crime has been committed and the person to be arrested
has committed it. DELIVERY to judicial authority of person arrested without warrant – does not
constitute in a physical delivery, but in making an accusation or charge or filing of an
 There is no reasonable ground for detention of the officer only wants to know information against the person arrested with the corresponding court or judge, whereby
the commission of the crime. the latter acquires jurisdiction to issue an order of release or of commitment of the
 The law does not fix any minimum period of detention. prisoner.
 Duty of detaining officer is deemed complied with upon the filing of the
DELAY IN THE DELIVERY OF DETEINED PERSONS TO THE PROPER JUDICIAL complaint with the judicial authority.
AUTHORITIES  Judicial authority – courts of justice or judges of said courts vested with
Elements: PDF judicial power to order the temporary detention or confinement of a person
1. Public officer or employee is the offender; charged with having committed a public offense.
2. He has Detained a person for some legal ground.  When a judge is not available, the detained person should be released.
3. He Fails to deliver such person to the proper judicial authorities within:  Before the complaint or information is filed, the person arrested may ask for a
a. 12 hours, for crimes or offenses punishable by light penalties, or their preliminary investigation, but he must sign a waiver of the provisions of Art.
equivalent; or 125 of the RPC in the presence of his counsel.
b. 18 hours, for crimes or offenses punishable by correctional penalties, or  The illegality of detention is not cured by the filing of the information in
their equivalent; or court.
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2. Papers or effects not constituting evidence of a crime are not returned

RA 9372 Human Security Act – a person charged or suspected of the crime of immediately after the search made by the offender.
terrorism or the crime of conspiracy to commit terrorism shall be delivered to the
proper judicial authority within a period of 3 days counted from the moment the said  If the offender who enters the dwelling against the will of the owner thereof is
charged or suspected person has been apprehended or arrested, etc.. a private individual, the crime committed is trespass to dwelling.
 Authorized by judicial order – he must be armed with a search warrant
DELAYING RELEASE duly issued by the court.
Elements: P-JP-D  Entrance by the public officer or employee must be against the will of the
1. Public officer or employee is the offender. owner of the dwelling, which presupposes OPPOSITION or PROHIBITION
2. There is a (a) Judicial or executive order for the release of a prisoner or by said owner, whether express or implied. If the entrance by the public
detention prisoner, or that there is a (b) Proceeding upon a petition for the officer or employee is only without the consent of the owner of the
liberation of such person. dwelling, the crime is not committed.
3. The offender Delays without good reason: (a) the service of the notice of  Sec. 11, Rule 113, Criminal Procedure – An officer, in order to make an
such order to the prisoner; or (b) the performance of such judicial or arrest either by virtue of a warrant, or without a warrant, may break into any
executive order for the release of the prisoner; or (c) the proceedings upon a building or enclosure where the person to be arrested is or is reasonably
petition for the release of such person (spp). believed to be, if he is refused admittance thereto, after announcing his
authority and purpose.
EXPULSION  When one voluntarily submits to a search or consents to have it made upon
Elements: PECA his person or premises, he is precluded from later complaining thereof.
1. Public officer or employee is the offender.  Silence of the owner before and during the search may show implied
2. He (a) Expels a person from the Philippines, or (b) Compels a person to waiver.
change his residence.  Art 128 is not applicable when a public officer searched a person outside
3. Authority to do so is not granted by law. his dwelling without a search warrant and such person is not legally
arrested. Papers or other effects must be found in the dwelling.
Acts punishable: EC
1. Expelling a person from the Philippines. SEARCH WARRANTS MALICIOUSLY OBTAINED, AND ABUSE IN THE SERVICE
2. Compelling the person to change his residence. OF THOSE LEGALLY OBTAINED
Acts punishable in connection with search warrants: PE
VIOLATION OF DOMICILE 1. Procuring a search warrant without just cause;
Acts punishable under Art. 128: RES 2. Exceeding his authority or by using unnecessary severity in executing a search
1. Refusing to leave the premises, after having surreptitiously entered said warrant legally procured.
dwelling and after having been required to leave the same.
2. Entering the dwelling against the will of the owner thereof. Elements of PROCURING A SEARCH WARRANT WITHOUT JUST CAUSE: PPJ
3. Searching papers or other effects found therein without the previous consent 1. Public officer or employee is the offender.
of such owner. 2. He Procures a search warrant.
3. Without Just cause.
ELEMENTS common to 3 acts: PA
1. Public officer or employee is the offender.  A search warrant shall be valid for 10 days from its date. Thereafter, it shall be
2. Authority not granted to him by judicial order to enter the dwelling and/or to void.
make a search therein for papers or other effects.  The officer seizing the property under the warrant must give a detailed receipt
for the same to (1) the lawful occupant of the premises in whose presence
Circumstances QUALIFYING the offense: NiPa the search and seizure were made, or (2) in the absence of such occupant,
1. Offense committed at Nighttime;
 10

must, in the presence of at least 2 witnesses of sufficient age and discretion 1. Prohibiting or interrupting, without legal ground, the holding of a peaceful
residing in the same locality, leave a receipt in the place in which he found the meeting, or by dissolving the same.
seized property. 2. Hindering any person from joining any lawful association or from attending
 PROBABLE CAUSE FOR A SEARCH – such facts and circumstances which any of its meetings.
would lead a reasonably discreet and prudent man to believe that an offense 3. Prohibiting or hindering any person from addressing, either alone or together
has been committed and that the object sought in connection with the offense with others, any petition to the authorities for the correction of abuses or
are in the place sought to be searched. redress of grievances.
 Test of lack of just cause – whether the affidavit filed in support of the
application for search warrant has been drawn in such a manner that ELEMENTS common to 3 acts: PP
PERJURY could be charged thereon and affiant be held liable for damages 1. Public officer or employee is the offender.
caused. 2. He Performs any of the acts mentioned above.
 The oath required must refer to the truth of the facts within the PERSONAL
KNOWLEDGE of the applicant of the search warrant or his witnesses.  When the meeting to be held is NOT PEACEFUL, there is legal ground for
 Search and seizure without a warrant as an incident to a lawful arrest is prohibiting it.
LEGAL. Search and seizure of vessels without a search warrant is legal.  The right to peaceably assemble is not absolute and may be regulated.
 Peace officers may enter the house of an offender who committed an offense  To justify suppression of free speech, there must be reasonable ground to
in their presence. believe that the danger apprehended is imminent and the evil to be
prevented is a serious one.
Elements of EXCEEDING AUTHORITY OR USING UNNECESSARY SEVERITY IN  Offender must be a stranger, not a participant, in the peaceful meeting.
EXECUTING A SEARCH WARRANT LEGALLY PROCURED: PLEU  The person talking on prohibited subject at a public meeting contrary to the
1. Public officer or employee is the offender. agreement that no speaker should touch on politics, may be stopped.
2. Legally procured search warrant.
3. He Exceeds his authority or Uses unnecessary severity in executing the same. INTERRUPTION OF RELIGIOUS WORSHIP
Elements: PRP
 Example: Destroying furniture without justification while conducting a search. 1. Public officer or employee is the offender.
2. Religious ceremonies or manifestations of any religion are about to take place
SEARCHING DOMICILE WITHOUT WITNESSES or are going on.
Elements: PASO 3. Offender Prevents or disturbs the same.
1. Public officer or employee is the offender.
2. He is Armed with a legally procured search warrant. Circumstances QUALIFYING the offense: If crime is committed with VIOLENCE
3. He Searches the domicile, papers, or other belongings of any person. or THREATS.
4. Owner, or any member of his family, or 2 witnesses residing in the same
locality are not present.  Reading of Bible and then attacking certain churches in a public plaza is not
a ceremony or manifestation of a religion, but only a meeting of a religious
Who must be present while search is being conducted? OAT sect.
1. Owner; or
2. Any member of his family; or OFFENDING RELIGIOUS FEELINGS
3. Two witnesses of sufficient age and discretion residing in the same locality. Elements: AP
1. Act must be notoriously offensive to the feelings of the faithful.
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS 2. Acts complained of were Performed (a) in a place devoted to religious
Acts punished: PHP worship, or (b) during the celebration of any religious ceremony.
 11

 “in a place devoted to religious worship” – not necessary that there is a  The act of giving comfort or moral aid is not criminal in the case of
religious ceremony going on when the offender performs acts notoriously rebellion or insurrection.
offensive to the feelings of the faithful.  Subversion is a crime against national security. Rebellion is a crime against
 “Religious ceremony” – need not be celebrated in a place of worship. public order.
- These are religious acts performed outside of a church, such as processions  Rebellion or insurrection when considered as TERRORISM – a person
and special prayers for burying dead persons. who commits an act punishable as rebellion or insurrection, thereby sowing
 There must be a deliberate intent to hurt the feelings of the faithful. and creating a widespread and extraordinary fear among the populace, in
order to coerce the government to give in to an unlawful demand shall be
CRIMES AGAINST PUBLIC ORDER guilty of the crime of terrorism.
REBELLION OR INSURRECTION
Elements: PTP Acts punishable as TERRORISM under RA 9372: PRC-MKC
1. There be a (a) Public uprising, and (b) Taking arms against the Government; 1. Piracy in general and Mutiny in the High Seas or in Philippine Waters;
2. Purpose of the uprising or movement is either – RD 2. Rebellion or insurrection;
a. To Remove from the allegiance to said Government or its laws: 3. Coup d’Etat;
1) The territory of the Philippines or any part thereof; or 4. Murder
2) Any body of land, naval or other armed forces; or 5. Kidnapping and Serious illegal detention
b. To Deprive the Chief Executive or Congress, wholly or partially, of any of 6. Crimes involving destruction, or under
their powers or prerogatives. a. PD 1613 (Law on arson)
b. RA 6969 (Toxic substances and hazardous and nuclear waste control act)
REBELLION INSURRECTION c. RA 5207 (Atomic energy regulatory and liability act)
Used where the object of the movement A movement which seeks merely to d. RA 6235 (Anti-hijacking law)
is completely to overthrow and effect some change of minor importance, e. PD 532 (Anti-piracy and Anti-highway robbery law)
supersede the existing government. or to prevent the exercise of f. PD 1866, as amended (Decree codifying the laws on illegal and unlawful
governmental authority with respect to possession, manufacture, dealing in, acquisition or disposition of firearms,
particular matters or subjects. ammunitions or explosives).
 Conspiracy to commit terrorism – punishable under Sec. 4, RA 9372. It is
 An actual clash of arms with the forces of the Government is not absolutely sufficient that 2 or more persons agree and decide to commit the crime of
necessary. The mere fact that the accused knowingly identified himself with terrorism.
the Huk organization that was openly fighting to overthrow the Government  Prosecution under RA 9372 shall be a bar to another prosecution under the
was enough to make him guilty of the crime of rebellion. RPC or felony which is necessarily included in the offense charged under this
 It is not necessary that the rebels succeed in overthrowing the Government to Act.
consummate rebellion.
 The purpose of the uprising must be shown. COUP D’ETAT
Elements: MSDP
REBELLION TREASON 1. Offender(s) belong(s) to the Military or police or holding any public office or
Levying war against the Government Levying war against the Government employment;
during peace time for any of the would constitute treason when 2. Committed by means of a Swift attack accompanied by violence, intimidation,
purposes mentioned in Art. 134 is performed to aid the enemy. It would
strategy, threat, or stealth;
rebellion. also constitute an adherence to the
3. Attack is Directed against duly constituted authorities of the RP, or any
enemy, giving him aid and comfort.
military camp or installation, communication networks, public utilities or other
Always involves taking up arms against May be committed by mere adherence to
the Government. the enemy, giving him aid or comfort. facilities needed in the exercise and continued possession of power.
4. Purpose of attach is to seize or diminish state power.
 12

CONSPIRACY TO COMMIT REBELLION

The following are liable for Rebellion, Insurrection, and/or Coup d’Etat: - Two or more persons come to an agreement to rise publicly and take arms
A. The LEADERS – against the Government for any of the purposes of rebellion and decide to
1. Any person who Promotes, Maintains, or Heads (PMH) a REBELLION commit it.
or INSURRECTION (reclusion perpetua)
2. Any person who Leads, Directs, or Commands others (LDC) to undertake
a COUP d’ETAT (reclusion perpetua)
PROPOSAL TO COMMIT REBELLION
B. The PARTICIPANTS – - The person who has decided to rise publicly and take arms against the
1. Any person who Participates, or Executes the commands of others (PE) Government for any of the purposes of rebellion proposes its execution to
in REBELLION or INSURRECTION (reclusion temporal) some other person(s).
2. Any person in the government service who Participates or Executes
directions or commands of others (PE) in undertaking a COUP d’ETAT DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES
(reclusion temporal in its maximum period) Acts of disloyalty which are punished: FAC
3. Any person not in the government service who Participates, Abets, 1. Failing to resist rebellion by all the means in their power; or
Finances, Aids, or Supports (PAFAS) in undertaking a COUP d’ETAT 2. Accepting appointment to office under them; or
(prision mayor in its maximum period) 3. Continuing to discharge the duties of their offices under the control of the
rebels.
 When the rebellion, insurrection or coup d’etat shall be under the command of
unknown leaders, any person who in fact: DSSP  Officer must be a public officer or employee.
a. Directed the others;  This crime presupposes the existence of actual rebellion by other persons.
b. Spoke for them;  The offender must not be in conspiracy with the rebels, otherwise, he is guilty
c. Signed receipts and other documents issued in their name; or of the crime of rebellion.
d. Performed similar acts;
on behalf of the rebels, shall be deemed a leader of such rebellion, INCITING TO REBELLION OR INSURRECTION
insurrection or coup d’etat. Elements: DIM
1. Offender Does not take arms or is not in open hostility against the
 It is not a defense in rebellion that the accused never took the oath of Government;
allegiance to, or that they never recognized, the Government. 2. He Incites others to the execution of any of the acts of rebellion;
 The proper charge against persons who kill not because of any personal 3. By Means of speeches, proclamations, writings, emblems, banners or other
motive on their part, but merely in pursuance of the movement to representations tending to the same end.
overthrow the duly constituted authorities, would be REBELLION and
not murder. PROPOSAL TO COMMIT REBELLION INCITING TO COMMIT REBELLION
Offender induces another to commit rebellion.
HERNANDEZ DOCTRINE – operates to prohibit the complexing of rebellion with any The person who proposes has decided It is not required that the offender has
other offense committed on the occasion thereof, either as a means to its to commit rebellion. decided to commit rebellion.
commission or as an unintended effect of an activity that constitutes The person who proposes the execution Act of inciting is done publicly.
rebellion. of the crime uses secret means.
Exception: If the killing, robbing, etc., during the rebellion, were done for private In both, the crime of rebellion should not be actually committed by the persons
purposes or profit, without any political motivation, the crimes would be separately to whom it is proposed or who are incited.
punished.
 If they commit the rebellion because of the proposal or the inciting, the
proponent or the one inciting becomes a principal by inducement in the
 13

crime of rebellion, provided that the requisites of Par. 2, Art. 17 of the RPC are 2. He Incites others to the accomplishment of any of the acts which constitute
present. sedition.
3. By Means of speeches, proclamations, writings, emblems, cartoons, banners,
SEDITION or other representations tending to the same end.
- It is the raising of commotions or disturbances in the state. Its ultimate object
is a violation of the public peace or at least such a course of measures as Different acts of inciting to sedition: IUW
evidently engenders it. 1. Inciting others to the accomplishment of any of the acts which constitute
sedition by means of speeches, proclamations, writings, emblems, etc.
2. Uttering seditions words or speeches which tend to disturb the public peace.
Elements: 3. Writing, publishing, or circulating scurrilous libels against the Government or
1. Offenders rise Publicly and Tumultuously. any of the duly constituted authorities thereof, which tend to disturb the public
2. They employ Force, Intimidation, or other means outside of legal methods; peace.
3. Their Object is any of the following: - Scurrilous – low, vulgar, mean or foul.
a. Prevent promulgation or execution of any law or the holding of a popular
election;  It is not necessary, in order to be seditious, that the words used should in fact
b. Prevent the National Government, or any provincial or municipal result in a rising of the people against the constituted authorities. The law is
government, or any public officer thereof from freely exercising its or his not aimed merely at actual disturbance, as its purpose is also to punish
functions; or prevent the execution of any administrative order; utterances which may engender public order.
c. Inflict any act of hate or revenge upon the person or property of any  A theatrical play or drama where the words uttered or speeches delivered are
public officer or employee; seditious may be punished under Art. 142.
d. Commit, for any political or social end, any act of hate or revenge against  Knowingly concealing such evil practices – ordinarily an act of the
private persons or any social class; and accessory after the fact, but under this provision, the act is treated and
e. Despoil, for any political or social end, any person, municipality or punished as that of the principal.
province, or the National Government of all its property or any part
thereof. 2 RULES relative to SEDITIOUS WORDS:
1. Clear and Present Danger Rule – there must be reasonable ground to
 What distinguishes rebellion from sedition is not the extent of the territory believe that the danger apprehended is imminent and that the evil to be
covered by the uprising but rather the object at which the uprising aims. prevented is a serious one. The danger must not only be probable but very
 Sedition cannot be committed by one person. It must be committed likely INEVITABLE.
TUMULTUOUSLY, that is, it must be caused by more than 3 persons who 2. Dangerous Tendency Rule – if the words used tend to create a danger of
are armed or provided with means of violence. public uprising, those words could properly be the subject of a penal clause.
 Public uprising and an object of sedition must concur. No public uprising, no
sedition. No object of sedition, no sedition. CRIMES AGAINST POPULAR REPRESENTATION
 If purpose is not known, no sedition. 1. Acts tending to prevent the meeting of the National Assembly and similar
bodies.
CONSPIRACY TO COMMIT SEDITION 2. Disturbance of proceedings.
 Proposal to commit sedition is NOT PUNISHABLE. 3. Violation on parliamentary immunity.

INCITING TO SEDITION ACTS TENDING TO PREVENT THE MEETING OF THE NATIONAL ASSEMBLY
Elements: DIM AND SIMILAR BODIES
1. Offender Does not take direct part in the crime of sedition. Elements: PF
 14

1. Projected or actual meeting of the National Assembly or any of its committees 1. Public officer or employee is the offender;
or subcommittees, constitutional committees or divisions thereof, or of any 2. He Arrests or searches any member of the Congress;
provincial board or city or municipal council or board; 3. Regular or special session of the Congress at the time of arrest or search;
2. Forceful or fraudulent prevention of such meeting by the offender (any 4. Member of congress has Not committed a crime punishable under the Code by
person). a penalty higher than prision mayor.

DISTURBANCE OF PROCEEDINGS  Parliamentary immunity does not protect the members of the National
Elements: MDB Assembly from responsibility before the legislative body itself.
1. Meeting of the National Assembly or any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or of any
provincial board or city or municipal council or board.
2. The offender does any of the following acts:
a. Disturbs any of such meetings; or ILLEGAL ASSEMBLIES
b. Behaves while in the presence of any such bodies in such a manner as to What are illegal assemblies? They are:
interrupt its proceedings or to impair the respect due it. A. Any meeting attended by armed persons for the purpose of committing any of
the crimes punishable under the Code.
 Where during a meeting of municipal officials called by the mayor, the chief of Requisites: MAP
police kept on talking although he had been asked by the mayor to sit down, 1. A Meeting (a gathering or group of persons, whether in a fixed place or
and there was a heated exchange of words among the mayor, a councilor and moving);
the chief of police, the latter is not guilty of a violation of Art. 144, but only of 2. Attended by armed persons;
unjust vexation. Reason: It was not a meeting of a municipal council, the 3. Purpose of meeting is to commit any of the crimes punishable under the
chief of police was not a member of the council being a participant therein. Code.

VIOLATION OF PARLIAMENTARY IMMUNITY B. Any meeting in which the audience, whether armed or not, is incited to the
- 2 acts punishable under this Article. commission of the crime of treason, rebellion or insurrection, sedition, or
assault upon a person in authority or his agents.
Elements of the First Act: FP Requisites: MA
1. Offender uses Force, intimidation, threats, or fraud (fit-f); 1. There is a Meeting (gathering or group of persons, whether in a fixed
2. Purpose of offender is to prevent any member of the Congress from – AtExCa place or moving);
a. Attending the meetings of the Congress or of any of its committees or 2. Audience, whether armed or not, is incited to the commission of the
constitutional commissions, etc.; or crime of treason, rebellion or insurrection, sedition or assault upon a
b. Expressing his opinions; or person in authority or his agents.
c. Casting his vote.
 It is not necessary that all the persons present at the meeting be armed. It is
 The offender here is any person. said that a good number, say, at least, four must be armed.
 It is not necessary that a member of the Assembly is actually prevented from  In letter B, incitement is a necessary element.
attending the meeting of the Congress, or from expressing his opinion or  If in a meeting the audience incited to the commission of rebellion or sedition,
casting his vote. It is sufficient that the offender, in using fit-f, has the the crimes committed are (1) illegal assembly as regards: (a) the organizers
purpose to prevent a member of the Congress from exercising any of his such or leaders; and (b) persons merely present; and (2) inciting to rebellion or
prerogatives. sedition insofar as the one inciting them is concerned.
 If a person happens to be present at an illegal assembly out of curiosity, he
Elements of the Second Act: is not liable.
 15

 The act of the accused in preventing by force the holding of a popular election
Responsibility of persons merely present at the meeting in certain precincts, without public uprising, is direct assault of the first form.
1. Not armed – arresto mayor  The offended party in the first form of direct assault may be a private
2. Armed – prision correctional individual or person belonging to a social class.
3. Armed with unlicensed firearm – (a) it is presumed that the purpose of
the meeting, insofar as he is concerned, is to commit acts punishable under Elements of Second Form of Direct Assault: NM-PARK
the Code; (b) he is considered a leader or organizer of the meeting. 1. No public uprising.
2. Offender Makes an attack, serious intimidation or serious resistance, or
ILLEGAL ASSOCIATIONS employs force.
They are associations TOTALLY or PARTIALLY organized for: CO 3. Person in authority or his agent is the person assaulted.
1. The purpose of Committing any of the crimes punishable under the Code; or 4. That:
2. Some Other purpose contrary to public morals. a. At the time of the assault, the person in authority or his agent is engaged
Persons liable for ILLEGAL ASSOCIATION: in the actual performance of official duties; or
1. Founders, directors and president of the association. b. The Reason that he is assaulted is because of the past performance of
2. Members of the association. official duties.
5. Knowledge of offender that the one he is assaulting is a person in authority or
ILLEGAL ASSEMBLY ILLEGAL ASSOCIATION his agent in the exercise of his duties.
Actual meeting or assemble is necessary Actual meeting not necessary
It is the meeting and attendance at It is the act of forming or organizing  Hitting a policeman in the breast with a fist, or pushing and giving him fist
such meeting that are punished. and membership in the association blows without hitting him, is not direct assault, but merely a resistance to an
that are punished. agent of a person in authority.
Persons liable: (1) organizers or leaders Persons liable: (1) founders, directors
of meeting and (2) persons present at and president and (2) members. FORCE EMPLOYED:
the meeting. 1. Person in authority – force employed must be of a serious character.
2. Agent of a person in authority – force employed need not be serious.
DIRECT ASSAULT
2 ways of committing Direct Assault:
 Reason for the difference as regards the degree of force employed:
1. Without public uprising, by Employing force or intimidation for the attainment
penalty is even higher when the offender lays hands upon a person in
of any of the purposes enumerated in defining the crimes of rebellion and
authority (it qualifies the offense).
sedition.
 The INTIMIDATION or RESISTANCE must be serious whether the
2. Without public uprising, by Attacking, employing force, or by seriously
offended party is an agent only or he is a person in authority (the law
intimidating or seriously resisting any person in authority or any of his agents,
expressly requires that they be serious).
while engaged in the performance of official duties, or on the occasion of such
Example of serious intimidation: pointing a gun at a military police captain
performance.
who is in the performance of his duty.
 Intimidation must produce its effect immediately, for if the threats be of
Elements of First Form of Direct Assault: NEA
some future evil, the act would not be an assault.
1. No public uprising.
2. Employment of force or intimidation by offender.
PERSON IN AUTHORITY – any person directly vested with jurisdiction, that is, the
3. Aim of offender is to attain any of the purposes of the crime of rebellion or
power or authority to govern and execute the laws.
any of the objects in the crime of sedition.
 For the purpose of applying the provisions of Art. 148 and 151.
 See elements of Rebellion and Sedition (Diba may public uprising. Didi waray).
 16

 For other purposes, such as to increase the penalty by reason of the

aggravating circumstances where a person in authority is involved, the  An assault upon a person in authority may be committed by another person in
teachers and professors are not persons in authority. authority.
Exception: When there is an actual conflict of jurisdiction.
AGENT OF A PERSON IN AUTHORITY – one who, (1) by direct provision of law, or  Knowledge of the accused that the victim is a person in authority is
(2) by election, or (3) by appointment by competent authority, is charged with the essential. The information myst allege such knowledge.
maintenance of public order and the protection and security of life and property, and  The aggravating circumstance of Disregard of respect due to the
any person who comes to the aid of persons in authority. offended party on account of rank is inherent in direct assault.
 Examples:  It is not necessary that the person in authority who was assaulted was
1. Policemen actually performing official duties. The law employs the phrase “on
2. Municipal treasurer, because he is only a deputy ex oficio of the provincial occasion of such performance” and this has been interpreted to include
treasurer, a person in authority within the province where the latter cases where the assault was made “by reason of” the performance of the
exercises his jurisdiction. duty.
3. Postmaster, because he is only an agent of the Director of Posts, a person  Evidence of MOTIVE OF THE OFFENDER is important when the person in
in authority. authority or his agent who is attacked or seriously intimidated is not in the
4. Rural policeman, by appointment of the mayor. actual performance of his official duty.
5. Sheriff  When the person in authority or his agent is in the actual performance of
6. Agents of the BIR his official duty, the MOTIVE of the offender is IMMATERIAL.
7. Malacañang confidential agent  There should not be a public uprising, otherwise the crime may be sedition.
8. Brgy Chief Tanod
DIRECT ASSAULT is QUALIFIED – We-PuLA
 Functions of the person in authority or his agent must be clearly shown in 1. When a Weapon is used in its commission; or
the information. 2. When a Public officer or employee is the offender; or
 A teacher is not in the performance of official duty when he goes out of his 3. When the offender Lays hands upon a person in authority.
classroom because of his own private affairs.
Exception: A school teacher travelling from one place to another to deliver  Slight Physical injuries – absorbed in direct assault.
school reports and school properties in compliance with a directive of his Serious or Less Serious Physical injuries – complexed with direct assault.
superiors is considered in the performance of his official duty. The duties of
teachers are not limited to the confines of the classroom because there are INDIRECT ASSAULT
duties which are discharged by them outside the classroom. Elements: DAF
1. Direct assault is committed against the person in authority or his agent.
When a person in authority or his agent is the one who PROVOKES and 2. Any person comes to the Aid of such authority or his agent.
ATTACKS another person, the latter is entitled to defend himself and cannot be 3. Force or intimidation was made by the offender upon such person coming to
held liable for DIRECT ASSAULT or resistance nor for physical injuries, because he the aid of the authority or his agent.
acts in legitimate defense.
 Indirect assault can be committed only when a direct assault was also
Cases where person in authority or his agent is not in the performance of committed.
official duty:  The offended party in indirect assaults may be a private person.
1. One who exceed his power or acts without authority.
2. Where one makes unnecessary use of force or violence. DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY, ITS
3. When the offender and the offended party, who are both persons in authority COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL
or their agents, descend to matters which are private in nature. COMMISSIONS, ITS COMMITTEES, SUBCOMMITTEES OR DIVISIONS
 17

Acts punished: R4I

1. Refusing, without legal excuse, to obey summons of the National Assembly, its Elements of SIMPLE DISOBEDIENCE: ADN
special or standing committees and subcommittees, the Constitutional 1. Agent of a person in authority is (a) engaged in the performance of official
commissions and its committees, subcommittees or divisions, or by any duty or (b) gives a lawful order to the offender.
commission or committee chairman or member authorized to summon 2. Disobedience of offender of such agent of a person in authority.
witnesses 3. Disobedience is Not of a serious nature.
2. Refusing to be sworn or placed under affirmation while being before legislative
or constitutional body or official  In simple disobedience, the offended party must be only an agent of a
3. Refusing to answer any legal inquiry or to produce any books, papers, person in authority.
documents or records in his possession, when required by them to do so in  The order must be lawful, otherwise, the resistance is justified. One who
the exercise of their functions lawfully resists the meddling by a policeman with one’s private business affairs
4. Restraining another from attending as a witness in such legislative or cannot be convicted of resistance against an agent of authority.
constitutional body
5. Inducing disobedience to a summons or refusal to be sworn by any such body
or official.
DIRECT ASSAULT RESISTANCE OR SERIOUS
 Only disobedience without legal excuse is punishable. DISOBEDIENCE
 This covers investigations in aid of legislations. Person in authority or his agent must Person in authority or his agent must be
 Any of the acts punished by Art. 150 may also constitute contempt of the engaged in the performance of official in actual performance of his duties.
National Assembly. duties or that he is assaulted by reason
 The power of inquiry – with process to enforce it – is an essential and thereof.
appropriate auxiliary to the legislative functions. Committed in 4 ways: (1) attacking; (b) Committed only by (a) resisting or (b)
employing force; (c) seriously seriously disobeying a person in
intimidating; and (d) seriously resisting a authority or his agent.
RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE
person in authority or his agent.
AGENTS OF SUCH PERSON
The force employed must be serious and The force employed is not so serious.
Crimes punished under this provision: RS deliberate.
1. Resistance and serious disobedience Exception: when the one resisted is a
2. Simple disobedience person in authority, the use of any kind
or degree of force will give rise to direct
Elements of RESISTANCE AND SERIOUS DISOBEDIENCE: PRA assault.
1. Person in authority or his agent is (a) engaged in the performance of official
duty or (b) gives a lawful order to the offender.  When the attack or employment of force is not deliberate, the crime is only
2. Resistance of offender or his Serious disobedience to the person in authority resistance or disobedience.
or his agent.
3. Act of the offender is not included in the provisions of Arts. 148, 149, and 150. Crimes classified as PUBLIC DISORDERS
(148 – direct assault, 149 – indirect assault, 150 – disobedience to summons issued by 1. Tumults and other disturbances of public order.
NA) 2. Unlawful use of means of publication and unlawful utterances.
3. Alarms and scandals.
 The accused must have knowledge that the person arresting him is a peace 4. Delivering prisoners from jails.
officer.
 Example: Where the accused struck the policeman on the breast with a fist TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER
when the latter was arresting said accused. They are: S-IMDB
 18

1. Serious disturbance in a public place, office or establishment; 2. Encouraging disobedience to the law or to the constituted authorities, or by
2. Interrupting or disturbing performances, functions or gatherings, or peaceful praising, justifying or extolling any act punished by law, by the same means or
meetings, if the act is not included in Art. 131 and 132; by words, utterances or speeches.
3. Making any outcry tending to incite rebellion or sedition in any meeting, 3. Maliciously publishing or causing to be published any official resolution or
association or public place; document without proper authority, or before they have been published
4. Displaying placards or emblems which provoke a disturbance of public order in officially.
such place; 4. Printing, publishing or distributing books, pamphlets, periodicals, or leaflets
5. Burying with pomp the body of a person legally executed. which do not bear the real printer’s name, or which are classified as
anonymous.
 Serious disturbance must be planned or intended.
 Art 153 has reference to Arts. 131 and 132, which punish the same acts if  Actual public disorder or actual damage to the credit of the State is not
committed by public officers who are not participants in the meeting or necessary. The mere possibility of causing such danger or damage is
religious worship. sufficient.
Hence, if the act of disturbing or interrupting a meeting or religious worship is  The offender must know that the news is false.
(1) committed by a private individual, or even (2) by a public officer but he is
a participant in the meeting or religious worship which he disturbs or ALARMS AND SCANDALS
interrupts, Art. 153, not Art 131 or 132, is applicable. Acts punished:
1. Discharging any firearm, rocket, firecracker, or other explosive within any
 Outcry – to shout subversive or provocative words tending to stir up the town or public place, which produces alarm or danger.
people to obtain by means of force or violence any of the objects of rebellion 2. Instigating or taking an active part in any charivari or other disorderly meeting
or sedition. offensive to another or prejudicial to public tranquility.
3. Disturbing the public peace while wandering about at night or while engaged
Outcry or the displaying of emblems or placards, when INCITING TO in any other nocturnal amusements.
COMMIT REBELLION OR SEDITION, when PUBLIC DISORDER: 4. Causing any disturbance or scandal in public places while intoxicated or
INCITING TO COMMIT REBELLION PUBLIC DISORDER otherwise, provided Art. 153 is not applicable.
OR SEDITION
When the offender does the act with the If the outcry is more or less unconscious  Under par. 1, the discharge of the firearm should not be aimed at a
idea aforethought of inducing his hearers outburst which, although rebellious or person; otherwise, the offense would fall under art. 254, punishing
or readers to commit the crime of seditious in nature, is not intentionally discharge of firearm.
rebellion or sedition. calculated to induce others to commit  Charivari – medley of discordant voices, a mock serenade of discordant
rebellion or sedition. noises made on kettles, tins, horns, etc., designed to annoy and insult.
 If the disturbance is of a SERIOUS NATURE, the case will fall under ART
QUALIFYING CIRCUMSTANCE:
153 (tumults and other disturbances).
- If the disturbance or interruption is of a TUMULTUOUS CHARACTER, that
is, if caused by more than 3 persons who are armed or provided with means
DELIVERING PRISONERS FROM JAIL
of violence.
Elements: PR
1. There is a Person confined in a jail or penal establishment.
UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES
2. Offender Removes therefrom such person, or helps the escape of such
Acts punished: PEMP
person.
1. Publishing or causing to be published, by means of printing lithography or any
other means of publication, as news any false news which may endanger
 The person confined may be a mere detention prisoner.
public order, or cause damage to the interest or credit of the State.
 Hospital or asylum is considered an extension of jail or prison.
 19

 This is usually committed by an outsider or an employee of a penal 3. By Using picklocks, false keys, disguise, deceit, violence or intimidation; or
establishment who helps the escape of a person confined therein, provided 4. Thru Connivance with other convicts or employees of the penal institution.
that, in the latter case, he does not have the custody or charge of such
person. It also applies to a prisoner who helps the escape of another prisoner.  Crime is qualified if committed by climbing or scaling the wall (unlawful entry).
 If the offender is a public officer who had the prisoner in his custody or
charge, he is liable for infidelity in the custody of a prisoner. EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS,
Exception: If he was off duty when he helped the prisoner escape from jail. CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES
 If violence, intimidation or bribery is employed, the penalty is higher. Elements: CC-DEF
They are not elements of the offense. 1. Offender is a Convict by final judgment;
 By other means – example: deceit 2. He is Confined in a penal institution;
 If the crime committed by the prisoner for which he is confined or serving 3. There is a Disorder, resulting from – CEE-SM
sentence is TREASON, MURDER, or PARRICIDE, the act of taking the a. Conflagration,
place of the prisoner in the prison is that of an ACCESSORY and he may b. Earthquake,
be held liable as such, because he assists in the escape of the principal. c. Explosion,
 If the escape of the prisoner takes place outside of said establishments d. Similar catastrophe, or
BY TAKING THE GUARDS BY SURPRISE, the penalty is the minimum e. Mutiny in which he has not participated;
period of that prescribed. 4. The offender Evades the service of his sentence by leaving the penal
 Liability of PRISONER who escapes by delivering prisoner from jail: institution where he is confined, on the occasion of such disorder or during the
Detention prisoner – not criminally liable mutiny.
Convict by final judgment – evasion of service of sentence 5. He Fails to give himself up to the authorities within 48 hours following the
3 Kinds of EVASION OF SERVICE OF SENTENCE: EOO issuance of a proclamation by the Chief Executive announcing the passing
1. Evasion of service of sentence by Escaping during the term of his sentence away of such calamity.
2. Evasion of service of sentence On occasion of disorders
3. Other cases of evasion of service of sentence, by violating the conditions of  Offender must be a CONVICT BY FINAL JUDGMENT.
conditional pardon  If the offender fails to give himself up, he gets an increased penalty – 1/5
of the time still remaining to be served under the original sentence, not to
EVASION OF SENTENCE BY ESCAPING THE TERM OF HIS SENTENCE exceed 6 months.
Elements: CSE  If the offender gives himself up, he is entitled to a deduction of 1/5 of his
1. Offender is a Convict by final judgment; sentence.
2. He is Serving his sentence which consists in deprivation of liberty;  Mutiny – in this article, it implies an organized unlawful resistance to a
3. He Evades the service of his sentence by escaping during the term of his superior officer; a sedition; a revolt.
sentence.
OTHER CASES OF EVASION OF SERVICE OF SENTENCE/VIOLATION OF
 This crime can be committed only by a CONVICT BY FINAL JUDGMENT. CONDITIONAL PARDON
 Not applicable to sentence executed by deportation. Elements: CCV
 Applicable to sentence of DESTIERRO. Destierro is a deprivation of liberty (to 1. Offender was a Convict;
enter a particular place). 2. Conditional pardon was granted by the Chief Executive;
3. He Violated any of the conditions of such pardon.
Circumstances QUALIFYING the offense:
If such evasion or escape takes place – UBUC Penalties in this article:
1. By means of Unlawful entry; 1. Prision correccional in its minimum period – if penalty remitted does not
2. By Breaking doors, windows, gates, walls, roofs or floors; exceed 6 years
 20

2. Unexpired portion of his original sentence – if penalty remitted is higher d. Forging treasury or bank notes or other documents payable to bearer
than 6 years e. Counterfeiting instruments not payable to bearer
f. Falsification of legislative documents
 Violation of conditional pardon is a distinct crime so that although the g. Falsification by public officer, employee or notary or ecclesiastical minister
crime of abduction, involved in the case in which the accused was granted h. Falsification by private individuals
conditional pardon, was committed in Cavite, he should be prosecuted in Rizal i. Falsification of wireless, cable, telegraph and telephone messages
where he committed robbery in violation of the conditional pardon. j. Falsification of medical certificates, certificates of merit or service
 The condition imposed upon the prisoner that he should not commit
another crime, extends to offenses punished by special laws. COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE
 The offender must be found guilty of subsequent offense before he can PHILIPPINE ISLANDS, FORGING THE SIGNATURE OR STAMP OF THE CHIEF
be prosecuted under Art. 159. EXECUTIVE
 Offender can be arrested and reincarcerated without trial by the Acts punished: GSS
President. 1. Forging the Great seal of the Government of the Philippines;
 Duration of the conditions subsequent is limited to the remaining 2. Forging the Signature of the President;
period of the sentence. 3. Forging the Stamp of the President.

QUASI-RECIDIVISM Penalty: Reclusion temporal.

Elements: CC
1. Offender was Convicted by final judgment of one offense.  The Great Seal shall be and remain in the custody of the President, and shall
2. He Committed a new felony before beginning to serve such sentence or while be affixed to or placed upon all commissions signed by him, and upon such
serving the same. other official documents and papers of the Republic as may by law be
provided, or as may be required by custom and usage in the discretion of the
Penalty: punished by the maximum period of the penalty prescribed for the new President.
felony.  When in a government document the signature of the President is
FORGED, it is not called falsification. The name of the crime is forging
 Any convict of the class referred to in this article, who is not a habitual the signature of the Chief Executive.
criminal, shall be pardoned at the age of 70 if:  The act punishable is COUNTERFEITING or MAKING AN IMITATION of
a. He shall have already served out his original sentence; or the signature of the Chief Executive on what is made to appear as an
b. When he shall complete it after reaching said age; official document of the RP.
Unless by reason of his conduct or other circumstances he shall not be worthy
of such clemency. USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP
Elements: G-KU
 The second crime must be a felony (punishable by the RPC). But the first 1. Great Seal of the Republic was counterfeited or the signature or stamp of the
crime for which the offender is serving sentence need not be a felony. Chief Executive was forged by another person;
 Quasi-recidivism cannot be offset by ordinary mitigating circumstances. 2. Offender Knew of the counterfeiting or forgery;
 A quasi-recidivist may be pardoned at the age of 70. 3. He Used the counterfeit seal or forged signature or stamp.

CRIMES AGAINST PUBLIC INTEREST Penalty: Prision Mayor.

What are the crimes called FORGERIES? FC-MFC-F5
a. Forging the seal of the Government, signature or stamp of the Chief Executive  The offender in this article should not be the forger. If he is, he will be
b. Counterfeiting coins penalized under Art. 161 (next preceding article).
c. Mutilation of coins  The act is of an accessory but the penalty is only one degree lower.
 21

What are the crimes under Counterfeiting coins? Penalty: Prision Correccional minimum period, Fine not to exceed P400,000
1. Making and importing and uttering false coins
2. Mutilation of coins – importation and utterance of mutilated coins  Mutilation – to take off part of the metal either by filing it or substituting it
3. Selling of false or mutilated coin, without connivance for another metal of inferior quality.
 The coin must be of legal tender in mutilation. This requirement is
MAKING AND IMPORTING AND UTTERING FALSE COINS indispensable.
Elements: FEU  The coin mutilated must be genuine and has not been withdrawn from
1. There be False or counterfeited coins; circulation.
2. Offender Either made, imported or uttered such coins;  If the coin mutilated is legal tender of a foreign country, it is not a crime
3. In case of Uttering such false or counterfeited coins, he connived with the of mutilation under the RPC.
counterfeiters or importers.
SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE
Penalties: Acts punished: PA
1. Prision correccional in its minimum and medium periods and a fine 1. Possession of coin, counterfeited or mutilated, by another person, with intent
not to exceed P400,000 – if the counterfeited coins be any of the coinage to utter the same knowing that it is false or mutilated.
of the Philippines. Elements: PIK
2. Prision correccional in its minimum period and a fine not to exceed a. Possession;
P200,000 – if the counterfeited coin be the currency of a foreign country. b. Intent to utter; and
c. Knowledge.
 Coin – piece of metal, stamped with certain marks and made current at a 2. Actual uttering such false or mutilated coin, knowing the same to be false
certain value. or mutilated.
 When is a coin counterfeited? A coin is false or counterfeited, if it is Elements: AK
forged or if is not authorized by the Government as legal tender, a. Actual uttering; and
regardless of its intrinsic value. b. Knowledge.
 Counterfeiting – imitation of a legal or genuine coin. It may contain more
silver than the ordinary coin. Penalty: Lower by one degree than that prescribed in said articles.
 Import – to bring them into port. The importation is complete before entry at
the Customs House.  Possession of or uttering false coins does not require that the
 Utter – to pass counterfeited coins. It includes their delivery or the act of counterfeited coin is legal tender.
giving them away. A counterfeited coin is uttered when it is paid, when the  But if the coin being uttered or possessed with intent to utter is a mutilated
offender is caught counting the counterfeited coins preparatory to the act of coin, it must be legal tender coin, because of Art. 164 to which Art. 165 is
delivering them, even though the utterer may not obtain the gain he intended. related.
 Constructive possession is included.
MUTILATION OF COINS – IMPORTATION AND UTTERANCE OF MUTILATED  If the false or mutilated coins are found in the possession of the
COINS counterfeiters, or mutilators, or importers, such possession does not constitute
Acts punished: MI a separate offense, but is identified with the counterfeiting or mutilation or
1. Mutilating coins of the legal currency, with the further requirement that there importation.
be intent to damage or to defraud another.  The offense punished under this article is the mere holding of the false or
2. Importing or uttering such mutilated coins, with the further requirement that mutilated coin with intent to utter.
there must be connivance with the mutilator or importer in case of  The accused must have knowledge of the fact that the coin is false.
uttering.
 22

FORGING TREASURT OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO  Uttering false or forged obligations or notes means offering obligations
BEARER; IMPORTING, and UTTERING SUCH FALSE OR FORGED NOTES and or notes knowing them to be false or forged, whether such offer is accepted or
DOCUMENTS not, with a representation, by words or actions, that they are genuine and
Acts punished: with an intent to defraud. Uttering forged bill must be with connivance to
1. Forging or falsification of treasury or bank notes or other documents payable constitute a violation of Art. 166.
to bearer;
2. Importation of such false or forged obligations or notes;  Money bills issued by the Banko Sentral are national bank notes.
3. Uttering of such false or forged obligations or notes in connivance with the
forgers or importers.  The falsification of Philippine National Bank checks is not forgery under Art.
166, but falsification of commercial documents under Art. 172 in connection
Penalties: with Art. 171 of the Code.
1. Reclusion temporal in its minimum period and a fine not to exceed
P2,000,000 – if the document which has been falsified, counterfeited, or COUNTERFEITING, IMPORTING, AND UTTERING INSTRUMENTS NOT
altered is an obligation or security of the Philippines. PAYABLE TO BEARER
2. Prision mayor in its maximum period and a fine not to exceed Elements: IFU
P1,000,000 – if the falsified or altered document is a circulating note issued 1. There be an Instrument payable to order or other document of credit not
by any banking institution duly authorized by law to issue the same. payable to bearer;
3. Prision mayor in its medium period and a fine not to exceed 2. Offender either Forged, imported or uttered such instrument; and
P1,000,000 – if the falsified or counterfeited document was issued by a 3. In case of Uttering, he connived with the forger or importer.
foreign government.
4. Prision mayor in its minimum period and a fine not to exceed Penalty: Prision Correccional in its medium and maximum periods and a fine
P400,000 – when the forged or altered document is a circulating note or bill not exceeding P1,200,000.
issued by a foreign bank duly authorized therefor.
 The instrument is payable to order where it is drawn payable to the order of
 OBLIGATION or SECURITY of the Philippines – shall mean all bonds, a specified person or to him or his order. It is negotiated by indorsement and
certificates of indebtedness, national bank notes, coupons, Philippine notes, delivery.
treasury notes, fractional notes, certificates of deposit, checks, or drafts for  Connivance is not required in uttering if the utterer is the FORGER.
money, drawn by or upon authorized officers of the Philippines, and other
representatives of value, of whatever denomination, which have been or may ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND
be issued under any act of Congress. OTHER INSTRUMENTS OF CREDIT
Elements: AK-Pup
 Forging is committed by giving to a treasury or bank note or any instrument 1. Another person forged or falsified any treasury or bank note or certificate or
payable to bearer or to order the appearance of a true and genuine other obligation and security payable to bearer, or any instrument payable to
instrument. order or other document of credit not payable to bearer;
2. Knowledge of offender that any of those instruments is forged or falsified;
 Falsification is committed by erasing, substituting, counterfeiting, or altering 3. Offender Performs any of these acts:
by any means, the figures, letters, words, or signs contained therein. a. Using any of such forged or falsified instruments; or
b. Possessing with intent to use such forged or falsified instruments.
 Importation of false or forged obligations or notes means to bring them
into the Philippines, which presupposes that the obligations or notes are Penalty: Next lower in degree than that prescribed in said articles.
forged or falsified in a foreign country.
 23

 Intent to possess is not intent to use. Possession of false or treasury or FALSIFICATION OF A LEGISLATIVE DOCUMENT
bank notes alone is not a criminal offense. For it to constitute an offense Elements: BANA
under Art. 168, the possession must be with intent to use said false treasury 1. There be a Bill, resolution or ordinance enacted or approved or pending
or bank notes. Hence, it follows that an information alleging possession of approval by either House of the Legislature or any provincial board or
false treasury and bank notes without alleging intent to use the same but only municipal council;
“intent to possess” them, charges no offense. 2. Offender Alters the same;
3. He has No proper authority therefor;
 The failure of the accused to explain satisfactorily his possession of the 4. Alteration has changed the meaning of the document.
counterfeit bills means either:
1. That he forged them himself; or Penalty: Prision Correccional in its maximum period and a fine not exceeding
2. That he knows who falsified them, but he does not want to divulge him. P1,200,000

HOW IS FORGERY COMMITTED (Art. 169)  The bill, resolution or ordinance must be genuine.
The crime of counterfeiting or forging treasury or bank notes or other documents  The offender is any person.
payable to bearer or to order includes:  The act of falsification is legislative document is limited to ALTERING IT
1. Acts of counterfeiting or forging said instruments; and which changes its meaning.
2. Acts of falsification.
FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE or NOTARY or
Defacement, mutilation, tearing, burning or destroying of Banko Sentral ECCLESIASTICAL MINISTER
notes and coins, PENALIZED. Elements:
It is ordered and decreed that: 1. Public officer, employee, or notary public is the offender;
1. It shall be unlawful for any person to willfully deface, mutilate, tear, burn or 2. He Takes advantage of his official position;
destroy, in any manner whatsoever, currency notes and coins issued by the 3. He Falsifies a document by committing any of the following acts: CACI-MAMI
Banko Sentral; and a. Counterfeiting or imitating any handwriting, signature or rubric.
2. Any person who shall violate this Decree shall, upon conviction, be punished b. Attributing to persons who have participated in an act or proceeding
by a fine of not more than P20,000 and/or by imprisonment of not more than statements other than those in fact made by them.
5 years. c. Causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participate.
Five classes of FALSIFICATION: LDP-PW d. Issuing in authenticated form a document purporting to be a copy of an
1. Falsification of Legislative documents original document when no such original exists, or including in such copy
2. Falsification of a Document by a public officer, employee or notary public a statement contrary to, or different from, that of the genuine original.
3. Falsification of a Public or official, or commercial document by a private e. Making untruthful statements in a narration of facts.
individual f. Altering true dates.
4. Falsification of a Private document by any person g. Making any alteration or intercalation in a genuine document which
5. Falsification of a Wireless, telegraph and telephone messages changes its meaning.
h. Intercalating any instrument or note relative to the issuance thereof in a
FORGERY FALSIFICATION protocol, registry or official book.
As used in Art. 169, it refers to the Refers to the commission of any of the 8 4. In case the offender is an Ecclesiastical minister, the act of falsification is
falsification and counterfeiting of acts mentioned in Art. 171 on legislative, committed with respect to any record or document of such character that its
treasury or bank notes or any public or official, commercial, or private falsification may affect the civil status of persons.
instruments payable to bearer or to documents, or wireless, or telegraph
order. messages. Penalty: Prision Mayor and a fine not to exceed P1,000,000
 24

Par. 2 – Causing it to appear that persons have participated in an act or a

 The offender takes advantage of his official position in falsifying a document proceeding.
when he has the: DO  Requisites: CD
a. Duty to make or to prepare or otherwise to intervene in the preparation 1. Offender Caused it to appear in a document that a person or persons
of the document; or participated in an act or a proceeding; and
b. Official custody of the document which he falsifies. 2. Such person Did not in fact so participate in the act or proceeding.
 Even if the offender was a public officer but if he did not take advantage of his
official position, he would be guilty of falsification of a document by a private  When committed by a private individual, Art. 172 should be applied.
person under Art. 172.
Par. 3 – Attributing to persons who have participated in any act or
 Document – any written statement by which a right is established or an proceeding statements other than those in fact made by them.
obligation extinguished.  Requisites: PMO
 The document must be complete or at least it must have the appearance of a 1. A Person or persons participated in an act or proceeding;
true and genuine document. It must also be of apparent legal efficacy. 2. Such person or persons Made statements in that act or proceeding;
 In paragraphs 6, 7, in its second part, and 8 or Art. 171, the law requires that 3. Offender, in making a document, attributed to such person or persons
there be a genuine document where the intercalation or alteration is made statements other than those in fact made by such person or persons.
changing its meaning. In the other paragraphs of Art. 171, falsification may be
committed by simulating or fabricating a document. Par. 4 – Making untruthful statements in a narration of facts.
 Requisites: ML-FP
 Any of the 8 acts of falsification enumerated in Art. 171 may be committed on 1. Offender Makes in a document statements in a narration of facts;
any document by a public officer or notary public, or by a private 2. He has a Legal obligation to disclose the truth of the facts narrated by
individual – only that if the offender is a private individual or a public officer him;
who does not take advantage of his official position, Art. 172 shall apply. 3. Facts narrated by the offender are absolutely false; nad
4. The Perversion of truth in the narration of facts was made with the
Par. 1 – Counterfeiting or Feigning any handwriting, signature or rubric. wrongful intent of injuring a third person.
 2 ways of committing falsification under Par. 1:
a. Counterfeiting, which is imitating any handwriting, signature or rubric;  There must be a narration of FACTS, not of conclusion of law.
and  Legal obligation means that there is a law requiring the disclosure of the
b. Feigning, which is simulating a signature, handwriting or rubric out of truth of the facts narrated.
one which does not in fact exist.  In one case, the defendant was acquitted because the prosecution failed to
point to any law or ordinance imposing upon the defendant the legal
 Requisites of COUNTERFEITING: IR obligation to reveal his previous conviction in filling in the personal data sheet
a. Intent to imitate or an attempt to imitate; and which members of the Manila Police Department are required to file.
b. Resemblance between the 2 signatures or handwritings, the forged and  The person making the narration of facts must be AWARE of the falsity
the original. of the facts narrated by him.
 The rule is that if the statements are not altogether false, there being
 Feigning – there is no original signature, handwriting or rubric, but a forgery some colorable truth in such statements, the crime of falsification is not
of a signature, handwriting or rubric that DOES NOT EXIST. deemed to have been committed.
- Example: Making it appear that a person who does not know how to write  The legal obligation to disclose the truth is inherent in RESIDENCE
has signed the document. CERTIFICATE.
 Wrongful intent is NOT ESSENTIAL when the document falsified is a
PUBLIC DOCUMENT.
 25

 There is no falsification by one who acted in good faith.  A PRIVATE PERSON who cooperates with a public officer in the falsification
 The fact that one’s consent to a contract was obtained by means of violence of a public document is guilty of this crime and incurs the same liability and
does not make the facts narrated therein false. penalty as the public officer.

Par. 5 – Altering true dates. FALSIFICATION BY PRIVATE INDIVIDUALS AND THE USE OF FALSIFIED
 The date must be essential. DOCUMENTS
 The alteration of the date or dates in a document must affect either the Acts punished:
veracity of the document or the effects thereof. 1. Any private individual who shall commit any of the falsifications enumerated in
Exception: The rule has no application when the act is committed, not by the next preceding article in any public or official document or letter of
ignorance or mistake, but rather to prevent the discovery of an illegal exchange or any other kind of commercial document;
appropriation of public funds. 2. Any person who, to the damage of a third party, or with the intent to cause
such damage, shall in any private document commit any of the acts of
Par. 6 – Making alteration or intercalation in a genuine document which falsification enumerated in the next preceding article;
changes its meaning. 3. Any person who shall knowingly introduce in evidence in any judicial
 Requisites: AM-CS proceeding or to the damage of another or who, with the intent to cause
1. Alteration (change) or intercalation (insertion) on a document; such damage, shall use any of the false documents embraced in the
2. Made on a genuine document; next preceding article or in any of the foregoing subdivisions of this article,
3. The same has Changed the meaning of the document; and shall be punished by the penalty next lower in degree.
4. The change made the document Speak something false.
Penalty: Prision Correccional in its medium and maximum periods and a fine
 To be an alteration in violation of the law, it must be one which causes the of not more than P1,000,000.
instrument to speak a language different in legal effect from that which it
originally spoke. An alteration which speaks the truth is not Falsification under Par. 1 of Art. 172 – Elements: PCP
falsification. 1. Offender is a Private individual or a public officer or employee who did not
Par. 7 – Issuing in authenticated form a document purporting to be a copy of take advantage of his official position;
an original document when NO SUCH ORIGNAL EXISTS, or including in such 2. He Committed any of the acts of falsification enumerated in Art. 171;
a copy a statement contrary to, or different from, that of the genuine 3. Falsification was committed in a Public or official or commercial document.
original.
 This act of falsification can be committed only by a public officer or notary  Four kinds of document:
public who takes advantage of his official position, since the authentication 1. Public document – any instrument authorized by a notary public or a
of a document can be made only by the custodian or the one who competent public official, with the solemnities required by law.
prepared and retained a copy of the original document. 2. Official document – that which is issued by a public official in the
exercise of the functions of his office.
a. Purporting to be a copy of an original when no such original exists – 3. Private document – a deed or instrument executed by a private person
example: that a notary public made a supposed copy of a deed of sale which without the intervention of a notary public or other person legally
was never executed and of which he had no copy. authorized, by which document some disposition or agreement is proved,
b. Including in a copy a statement contrary to, or different from, that of evidenced or set forth.
the genuine original – example: that a civil registrar stated in a certified 4. Commercial document – any document defined and regulated by the
copy of a record of birth that the person mentioned therein was legitimate Code of Commerce.
when there was no such statement in the original.

 Intent to gain or prejudice is not necessary.

 26

 A private document may acquire the character of a public document when it

becomes part of an official record and is certified by a public officer duly The intent to defraud in using the falsified private document is part and
authorized by law. parcel of the crime, and cannot give rise to the crime of estafa, because the
damage, if it resulted, was caused by, and became the element of, the crime
 If a person had in his possession a falsified document and he made use of it, of falsification of private document The crime of estafa in such case was not
taking advantage of it and profiting thereby, the presumption is that he is committed, as it could not exist without its own element of damage.
the material author of the falsification. There is NO COMPLEX CRIME OF ESTAFA THRU FALSIFICATION OF
 Again, the existence of a wrongful intent to injure a third person is NOT PRIVATE DOCUMENT.
NECESSARY when the falsified document is a PUBLIC DOCUMENT.
 If a private document is falsified to conceal the misappropriation of the
Falsification under Par. 2 of Art. 172 – Elements: CPC money or other personal property which has been in the possession of the
1. Offender Committed any of the acts of falsification, except those in par. 7, offender, the crime committed is estafa with abuse of confidence only.
enumerated in Art. 171;
2. Falsification was committed in any Private document; If the estafa was already consummated at the time of the falsification of the
3. Falsification Caused damage to a third party or at least the falsification was private document, or if the falsification of a private document was committed
committed with intent to cause such damage. for the purpose of concealing the estafa, the falsification is not
punishable, because as regards the falsification of the private document,
 Mere falsification of private documents is not enough. 2 things are required: there was no damage or intent to cause damage. The limited damage that
a. He must have counterfeited the false document. resulted was caused by the commission of estafa, not by the falsification of
b. He must have performed an independent act which operates to the the private document.
prejudice of a third person.
 There is falsification of a public document thru reckless imprudence,
 It is not necessary that the offender profited or hoped to profit by the but there is no falsification of private document thru reckless
falsification. What the law requires is only the intent to prejudice another imprudence (since in the latter case, there must be intent to cause damage).
person.

 When the offender commits on a document any of the acts of falsification

committed in Art. 171 as a necessary means to commit another crime, like Falsification of Public Documents Falsification of Private Documents
estafa, theft or malversation, the 2 crimes form a complex crime under Art. The principal thing punished is the Prejudice to a third party is taken into
48. However, the document falsified must be public, official or violation of public faith and the account so that if such damage is not
commercial. perversion of truth which the document apparent, or there is at least no intention
solemnly proclaims, and for this reason, to cause it, the falsification is not
 On the other hand, in the falsification of a private document, there is no it is immaterial whether or not some punishable.
prejudice has been caused to third
crime unless another fact, independent of that of falsifying the
persons.
document, is proved: i.e., DAMAGE OR INTENT TO CAUSE IT.
Falsification under Par. 3 of Art. 172 – Elements:
Therefore, where one makes use of a private document, which he falsified, to
Introducing in a judicial proceeding – KEI
defraud another, there results only one crime: that of falsification of a
1. Offender Knew that a document was falsified by another person;
private document.
2. False document is Embraced in Art. 171 or in any subdivisions No. 1 or 2 of
Art. 172;
The damage to another is caused by the commission of the crime of
3. He Introduced said document in evidence in any judicial proceeding.
falsification of a PRIVATE DOCUMENT.
 27

Use in any other transaction – KEUC  Act No. 1851, Sec. 4 punishes private individuals who forge or alter
1. Offender Knew that a document was falsified by another; telegram.
2. False document is Embraced in Art. 171 or in any subdivisions No. 1 or 2 of
Art. 172; FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERIT OR
3. He Used such document (not in judicial proceedings); SERVICE, ETC.
4. The use Caused damage to another or at least it was used with intent to  Certificate – any writing by which testimony is given that a fact has or has
cause such damage. not taken place.

 The user of the falsified document is deemed the author of the Person liable for falsification of certificates
falsification if: 1. Physician or surgeon who, in connection with the practice of his profession,
a. The use was so closely connected in time with the falsification; and issued a false certificate.
b. The user had the capacity in falsifying the document. - It must refer to the illness or injury of a person.
- The crime is False medical certificate by a physician.
FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, and TELEPHONE - Penalty: Arresto mayor in its maximum period to prision correccional
MESSAGES, and USE OF SAID FALSIFIED MESSAGES in its minimum period and a fine not to exceed P200,000
Acts punishable under Art. 173: UFU
1. Uttering fictitious wireless, telegraph or telephone message 2. Public officer who issued a false certificate of merit or service, good conduct
2. Falsifying wireless, telegraph or telephone message or similar circumstances.
3. Using such falsified message - The crime is False certificate of merit or service by a public officer.
- Penalty: Arresto mayor in its maximum period to prision correccional
Penalty: in its minimum period and a fine not to exceed P200,000
1. 1 and 2 – prision correccional in its medium and maximum periods
2. 3 – penalty next lower in degree 3. Private individual who falsified a certificate falling in the classes mentioned
in Nos. 1 and 2.
Uttering Fictitious Message or Falsifying the same – Elements: OFU - The crime is False medical certificate by a private individual or False
1. Offender is an Officer or employee of the Government or an officer or certificate of merit or service by a private individual.
employer of a private corporation, engaged in the service of sending or - Penalty: Arresto Mayor
receiving wireless, cable or telephone message.
2. Offender Falsifies, or Utters Fictitious, wireless, cable, telegraph or
telephone message.
USING FALSE CERTIFICATES
 The public officer, to be liable, must be engaged in the service of sending or Elements: PK-U
receiving wireless, cable, telegraph or telephone message. 1. Physician or surgeon had issued a false medical certificate, or a public officer
had issued a false certificate of merit or service, good conduct, or similar
Use of said falsified messages – Elements: KUPI circumstances, or a private person had falsified any of said certificates.
1. Accused Knew that wireless, cable, telegraph, or telephone message was 2. Offender Knew that the certificate was false.
falsified by any of the persons specified in the first paragraph of Art. 173. 3. He Used the same.
2. Accused Used such falsified dispatch.
3. Such use resulted in the Prejudice of a third party, or that the use thereof was  When any of the false certificates mentioned in Art. 174 is used in the judicial
with Intent to cause such prejudice. proceeding, Art. 172 does not apply, because the use of false document in
judicial proceeding under Art. 172 is limited to those false documents
embraced in Art. 171 and 172.
 28

 There must be a positive, express and explicit representation. The crime

MANUFACTURING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS is not committed if the accused merely did not deny that he was an agent of
FOR FALSIFICATION the Philippine Government when introduced as such by public officials.
Acts punished: MP
1. Making or introducing into the Philippines any stamps, dies, marks, or other  Art. 177 may be violated by a public officer.
instruments or implements for counterfeiting or falsification.
2. Possessing with intent to use the instruments or implements for counterfeiting USING FICTITIOUS NAME AND CONCEALING TRUE NAME
or falsification made in or introduced into the Philippines by another person. Elements of USING FICTITIOUS NAME: UP-Pcec
1. Offender Uses a name other than his real name;
Penalty: Prision correccional in its medium and maximum periods and a fine 2. He Publicly uses that fictitious name;
not to exceed P1,000,000 3. The Purpose of the offender is –
a. To conceal a crime;
 Art. 165 and 176 also punish constructive possession. b. To evade the execution of a judgment; or
 Examples: c. To cause damage to public interest.
a. A person who manufactured a seal in imitation of the seal of Lipa,
Batangas, for making false certificates for the transfer of livestock, is Penalty: Arresto mayor and a fine not to exceed P100,000
guilty of making instrument for falsification of certificates.
b. A person who possessed an iron brand to be used in falsifying the official  Fictitious name – any other name which a person publicly applies to himself
brand of a municipality for cattle branding, is guilty of illegal possession of without authority of law.
instrument for falsification.  Causing damage must be to public interest. If it is damage to private
interest, the crime will be estafa under Art. 315, subdivision 2, par a.
Other Falsities
Elements of CONCEALING TRUE NAME:
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS 1. Offender Conceals his true name and all other personal circumstances;
2 ways of committing the crime under Art. 177: 2. The Purpose is only to conceal his identity.
1. By Knowingly and falsely representing oneself to be an officer, agent or
representative of any department or agency of the Philippine Government or Penalty: Arresto menor or a fine not to exceed P40,000
any foreign government. USURPATION OF AUTHORITY

- Here, it is not necessary that he performs an act pertaining to a public officer.

The mere act of knowingly and falsely representing oneself to be an officer, USE OF FICTITIOUS NAME CONCEALING TRUE NAME
etc. is sufficient. Element of publicity must be present. Element of publicity is not necessary.
The purpose is to (1) conceal a crime, The purpose is merely to conceal
2. By Performing any act pertaining to any person in authority or public officer of (2) evade the execution of a judgment, identity.
the Philippine Government or of a foreign government or any agency thereof, or (3) cause damage.
under pretense of official position, and without being lawfully entitled to do so.
USURPATION OF OFFICIAL FUNCTIONS ILLEGAL USE OF UNIFORMS OR INSIGNIA
Elements: MPU
- Here, it is essential that the offender should have performed an act pertaining 1. Offender Makes use of the insignia, uniform or dress.
to a person in authority or public officer, in addition to other requirements. 2. Such insignia, uniform or dress Pertains to an office not held by the offender
or to a class of persons of which he is not a member.
3. Said insignia, uniform or dress is Used publicly and improperly.
 29

Penalty: Arresto mayor 4. Arresto mayor and a fine not to exceed P200,000 – if the defendant
shall have been sentenced to a correctional penalty or a fine, or shall have
 If the insignia, uniform or dress pertains to an office which does not originally been acquitted.
exist, this provision is not violated.
 A layman who wears publicly the ecclesiastical habit of a Catholic priest is  Defendant must be sentenced at least to (1) a correctional penalty, or (2) a
liable under Art. 179. fine, or (3) must be acquitted.
 Using uniform, decoration or regalia of a foreign State is punished by RA 75.  The witness who gave false testimony is liable even if his testimony was not
 Wearing insignia, badge or emblem of rank of the members of the AFP or considered by the court.
Constabulary is punished by RA 493.
 Illegal manufacture, sale, distribution and use of PNP uniforms, insignias and FALSE TESTIMONY FAVORABLE TO THE DEFENDANT
other accoutrements are punished by EO 297. Any person who shall give false testimony in favor of the defendant in a
CRIMINAL CASE, shall suffer the penalties of:
1. Arresto mayor in its maximum period to prision correccional in its
False Testimony minimum period and a fine not to exceed P200,000 – if the prosecution
is for a felony punishable by an afflictive penalty;
False Testimony – committed by a person who, being under oath and required to 2. Arresto mayor – in any other case.
testify as to the truth of a certain matter at a hearing before a competent authority,
shall deny the truth or say something contrary to it.  The false testimony in favor of the defendant need not directly influence the
decision of acquittal. It does not need to benefit the defendant.
3 forms of false testimony:  Under Art. 181, it is sufficient that the false testimony was given with the
1. False testimony in criminal cases INTENT to favor the defendant.
2. False testimony in civil cases  The conviction or acquittal of defendant in the principal case is not
3. False testimony in other cases necessary.
 But the gravity of the crime for which the defendant was prosecuted in the
FALSE TESTIMONY AGAINST A DEFENDANT case where the false testimony was given should be shown in order to
Elements: CT-KD determine the proper penalty to be imposed on the false witness.
1. There be a Criminal proceeding;  The defendant who falsely testified in his own behalf in a criminal case
2. Offender Testifies falsely under oath against the defendant therein; is guilty of false testimony favorable to the defendant.
3. Offender who gives false testimony Knows that it is false.
4. Defendant against whom the false testimony is given is either acquitted or
convicted in a final judgment.
FALSE TESTIMONY IN CIVIL CASES
Penalty: depends upon the sentence of the defendant against whom the false Elements: CRF-KM
testimony was given. 1. The testimony must be given in a Civil case.
1. Reclusion temporal – if the defendant in said case shall have been 2. It must Relate to the issues presented in said case.
sentenced to death. 3. The testimony must be False.
2. Prision mayor – if the defendant shall have been sentenced to reclusion 4. Defendant Knows the same to be false.
temporal or reclusion perpetua. 5. The testimony must be Malicious and given with an intent to affect the issues
3. Prision correccional and fine not to exceed P200,000 – if the defendant presented in said case.
shall have been sentenced to any other afflictive penalty.
Penalty:
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1. Prision correccional in its minimum period and a fine not to exceed before the Justice of the Peace for different crimes. The application was
P1,200,000 – if the amount in controversy shall exceed P1,000,000. signed and sworn to by him before the municipal mayor.
2. Arresto mayor in its maximum period to prision correccional in its
minimum period and a fine not to exceed P200,000 – if the amount in  A false affidavit to a criminal complaint may give rise to perjury.
controversy shall not exceed P1,000,000 or cannot be estimated.
 Material matter – it is:
 Art. 182 is not applicable when the false testimony is given in special 1. the main fact which is the subject of inquiry or any circumstance
proceedings. This provision applies only to ordinary civil cases. which tends to prove that fact; or
2. any fact or circumstance which tends to corroborate or strengthen
FALSE TESTIMOMY IN OTHER CASES AND PERJURY IN SOLEMN the testimony relative to the subject of inquiry; or
AFFIRMATION 3. which legitimately affects the credit of any witness who testifies.
2 ways of committing PERJURY: FM
1. Falsely testifying under oath; and MATERIAL RELEVANT PERTINENT
2. Making a false affidavit. It is material when it is It is relevant when it It is pertinent when it
directed to prove a fact in tends in any reasonable concerns collateral
 Falsely testifying under oath should not be in a judicial proceeding. issue. degree to establish the matters which make more
probability or or less probable the
Elements of PERJURY: improbability of a fact in proposition at issue.
1. Accused made a Statement under oath or executed an affidavit upon a issue.
material matter;
2. Statement or affidavit was made Before a competent officer, authorized to  In order that perjury could exist, it is necessary that the false statement of
receive and administer oath; the accused refers to material matter and not merely to facts pertinent to
3. In that statement or affidavit, the accused made a Willful and deliberate the case in connection with which it was made.
assertion of a falsehood; and  There is no perjury thru negligence or imprudence.
4. The sworn statement or affidavit containing the falsity is Required by law.  Good faith or lack of malice is a defense in perjury.
 Even if there is no law requiring the statement to be made under oath, as long
Penalty: Arresto mayor in its maximum period to prision correccional in its as it is made for a legal purpose, it is sufficient.
minimum period.
 Subornation of perjury – committed by a person who knowingly and
 Oath – any form of attestation by which a person signifies that he is bound in willfully procures another to swear falsely and the witness suborned does
conscience to perform an act faithfully and truthfully. testify under circumstances rendering him guilty of perjury.
 Affidavit – a sworn statement in writing; a declaration in writing, made upon
oath before an authorized magistrate or officer. OFFERING FALSE TESTIMONY IN EVIDENCE
 Example of STATEMENT UNDER OATH as the basis of the charge of Elements: OK-J
perjury – B made a statement under oath falsely charging O with estafa in 1. Offender Offered in evidence a false witness or false testimony;
the preliminary investigation before the Justice of the Peace. 2. He Knew the witness or the testimony was false;
3. The Offer was made in a Judicial or official proceeding.
 Example of FALSE AFFIDAVIT as basis of the charge of perjury – an
application under oath was filled up by the accused, stating that he had never FRAUDS
been accused, indicted or tried for violation of any law, ordinance or regulation
before any court, when in truth and in fact, he had been prosecuted and tried Crimes classified as FRAUDS: Ma-MISU
1. Machinations in public auctions
2. Monopolies and combinations in restraint of trade
 31

3. Importation and disposition of falsely marked articles or merchandise made of

gold, silver or other precious metals 2. Monopoly to restrain free competition in the market
4. Substituting and altering trademarks and tradenames or service marks - By monopolizing any merchandise or object of trade or commerce, or by
5. Unfair competition, fraudulent registration of tradename, trademark, or service combining with any other person or persons to monopolize said merchandise
mark; fraudulent designation of origin and false description or object in order to alter the prices thereof by spreading FALSE RUMORS
or making use of any other artifice to restrain free competition in the market.
MACHINATIONS IN PUBLIC AUCTIONS
Acts punishable under Art. 185: SA 3. Manufacturer, producer, or processor or importer combining,
1. Soliciting any gift or promise as a consideration for refraining from taking part conspiring or agreeing with any person to make transactions
in any public auction. prejudicial to lawful commerce or to increase in the market price of
2. Attempting to cause bidders to stay away from an auction by threats, gifts, merchandise
promises or any other artifice.
 Competition, not combination, should be the law of trade.
Elements of soliciting gift or promise: PICS  Mere conspiracy or combination is punished.
1. There be a Public auction;  When the offense is committed by a corporation or association, the president
2. Accused Solicited any gift or a promise from any of the bidders; and directors or managers are liable. But they are liable only when they (1)
3. Such gift or promise was the Consideration for his refraining from taking part knowingly permitted, or (2) failed to prevent the commission of such offenses.
in that public auction;
4. Accused had the Intent to cause the reduction of the price of the thing IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR
auctioned. MERCHANDISE MADE OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR
THEIR ALLOYS
 It is not required that the person making the proposal actually refrains from Articles or merchandise involved:
taking part in any public auction. It is consummated by mere solicitation 1. Gold
of gift or promise as consideration for not bidding. 2. Silver
3. Other precious metals
Elements of attempting to cause bidders to stay away: PATI 4. Their alloys
1. There by a Public auction;
2. Accused Attempted to cause the bidders to stay away from that public Elements: ISK
auction; 1. Offender Imports, sells or disposes of any of those articles or merchandise;
3. It was done by Threats, gifts, promises or any other artifice; 2. The Stamps, brands, or marks of those articles of merchandise fail to indicate
4. Accused had the Intent to cause the reduction of the price of the thing the actual fineness or quality of said metals or alloys;
auctioned. 3. Offender Knows that the stamps, brands, or marks fail to indicate their actual
fineness or quality of the metals or alloys.
 Mere attempt consummates the crime. The threat need not be effective nor
the offer or gift accepted for the crime to arise. Penalty: Prision correccional OR a fine ranging from P40,000 – P200,000, or
both
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE RA 8293
Acts punished:  Mark – any visible sign capable of distinguishing the goods or services of an
1. Combination to prevent free competition in the market enterprise and shall include a stamped or marked container.
- By entering into any contract or agreement or taking part in any conspiracy or  Tradename – name or designation identifying or distinguishing an enterprise.
combination in the form of a trust or otherwise, in restraint of trade or
commerce or to prevent by artificial means free competition in the market. INFRINGEMENT
 32

TRADENAME TRADEMARK
Name used in trade to designate a Used to indicate the origin or ownership Tests in determining CONFUSING SIMILARITY:
particular business of certain individuals of the goods to which it is affixed. DOMINANCY TEST HOLISTIC TEST
considered as an entity. focuses on the similarity of the requires that the entirety of the marks in
It is not necessarily attached or affixed Must be attached. PREVALENT FEATURES of the question be considered in resolving
to the goods of the owner. competing trademarks which might confusing similarity. Comparison of
cause confusion or deception, and thus words is not the only determining factor.
Elements of TRADEMARK INFRINGEMENT: VOU infringement.
1. Validity of plaintiff’s mark;
2. Plaintiff’s Ownership of the mark;  The Supreme Court has relied on the dominancy test rather than the holistic
3. Use of the mark or its colorable imitation by the alleged infringer results in test.
likelihood of confusion. – most important element.
If the competing trademark contains the main or essential or dominant
 Trademark must not be merely descriptive or generic. The IPC provides that a features of another, and confusion and deception is likely to result,
mark which consists exclusively of signs that are GENERIC for the infringement takes place.
goods or services they seek to identify is NOT REGISTRABLE.
Duplication or imitation is not necessary; nor is it necessary that the infringing
 It is DESCRIPTIVE – label should suggest an effort to imitate.
a. If it forthwith conveys the characteristics, functions, qualities or
ingredients of a product to one who has never seen it and does not know Types of CONFUSION arising from the use of similar or colorable imitation
what it is; or marks:
b. If it forthwith conveys an immediate idea of the ingredients, qualities or CONFUSION OF GOODS CONFUSION OF BUSINESS
characteristics of the goods; or Product Confusion Source of Origin Confusion
c. If it clearly denotes what goods or services are provided in such a way The ordinarily prudent purchaser would Though the goods of the parties are
that the consumer does not have to exercise powers of perception or be induced to purchase one product in different, the defendant’s product is such
imagination. the belief that he was purchasing the as might reasonably be assumed to
other. originate with the plaintiff, and the
 The exclusive right to an originally valid trademark or tradename is lost, if for public would then be deceived either into
that belief or into the belief that there is
any reason it loses its distinctiveness or has become PUBLICI JURIS.
some connection between the plaintiff
 The trademark must be REGISTERED in the IPO.
and defendant which, in fact, does not
 A certificate of registration of a mark shall be a prima facie evidence of exist.
the validity of the registration, the registrant’s ownership of the mark, and of Products are competing. Products are non-competing but related
the registrant’s exclusive right to use the same in connection with the goods or enough to produce confusion or
services and those that are related thereto specified in the certificated. affiliation.

 The trademark used by the offender need not be identical with the infringed  It is not necessary that the goods of the prior user and the late user of the
trademark. A COLORABLE IMITATION is sufficient. TRADEMARK are the same categories. The meat of the matter is the
likelihood of confusion, mistake or deception upon purchasers of the
 COLORABLE IMITATION – denotes such a close or ingenious imitation goods of the junior user of the mark and the goods manufactured by the
as to be calculated to deceive ordinary persons, or such a resemblance to previous user.
the original as to deceive an ordinary purchaser giving such attention as a
purchaser usually gives, as to cause him to purchase the one supposing it to UNFAIR COMPETITION
be the other.
 33

Unfair competition – employing deception or any other means contrary to good faith or as to the origin, sponsorship or approval of his or her goods, services,
by which he shall pass of the goods manufactured by him or in which he deals, or his or commercial activities by another person; or
business, or services for the one having established such goodwill, or who shall b. In commercial advertising or promotion, misrepresents the nature,
commit any acts calculated to produce said result. characteristics, qualities, or geographic origin of his or another person’s
goods, services or commercial activities.
Elements of UNFAIR COMPETITION: CI
1. Confusing similarity in the general appearance of the goods; and Smuggling or Illegal Importation
2. Intent to deceive the public and defraud a competitor. In order that a person may be deemed guilty of smuggling or illegal importation, 3
requisites must concur:
 The true test of unfair competition is whether certain goods have been 1. Merchandise must have been fraudulently or knowingly imported contrary to
clothed with an appearance which is likely to deceive the ordinary law;
purchaser in exercising ordinary care, and not whether a certain limited 2. Defendant, if he is not the importer himself, must have received, concealed,
class of purchasers could avoid mistake by the exercise of this special bought, sold or in any manner facilitated the transportation, concealment or
knowledge. sale of the merchandise; and
3. Knowledge of the defendant that the merchandise had been illegally imported.
Infringement of Trademark v. Unfair Competition
Infringement of Trademark Unfair Competition  The fact of illegal importation cannot be presumed from the fact of
Unauthorized use of trademark. Passing off of one’s goods as those of defendant’s unexplained possession. That element must be established
another. by the prosecution beyond reasonable doubt.
Fraudulent intent is unnecessary. Fraudulent intent is essential.
Prior registration of the trademark is a Registration is not necessary. RA 9165
prerequisite to the action.
Acts punished:
 Trademark infringement constitutes unfair competition when there is 1. Importation of dangerous drugs and/or controlled precursors and essential
not merely likelihood of confusion, but also actual or probable deception chemicals;
on the public because of the general appearance of the goods.  Penalty:
a. Unauthorized importation of dangerous drug – life imprisonment to
 There can be trademark infringement without unfair competition when the death and fine ranging from 500,000 – 10,000,000.
infringer discloses on the labels containing the mark that he manufactures to b. Unauthorized importation of controlled precursor and essential
goods, thus preventing the public from being deceived that the goods chemical – 12 years and 1 day to 20 years and fine ranging from
originate from the trademark owner. 100,000 – 500,000.
c. Importation thru the use of diplomatic passport, diplomatic
FALSE DESIGNATION OF ORIGIN OR FALSE DESCRIPTION OR facilities or any other means involving his or her official status
REPRESENTATION intended to facilitate the same – maximum penalty and confiscation
and cancellation of diplomatic passport.
Who is liable for false designation of origin? d. Organizer, manager and financier of illegal activity in this section
 Any person who, in connection with any goods or services, or any container – maximum penalty.
for goods, uses in commerce, any word, term, name, symbol, device, or any e. Protector/coddler – 12 years and 1 day to 20 years and fine ranging
false designation of origin, false or misleading description of fact, or false or from 100,000 – 500,000.
misleading representation of fact, which:
a. Is likely to cause confusion, or to cause mistake, or to deceive as to the
affiliation, connection or association of such person with another person,
 34

2. Sale, trading, administration, dispensation, delivery, distribution and g. Protector/coddler – 12 years and 1 day to 20 years and fine ranging
transportation of dangerous drugs and/or controlled precursors and from 100,000 – 500,000.
essential chemicals;
 Penalty: 4. Being employees or visitors of a dangerous drug den, dive or resort;
a. Unauthorized sale etc. of dangerous drug – life imprisonment to  Penalty – 12 years and 1 day to 20 years and fine ranging from 100,000 –
death and fine ranging from P500-000 – 10,000,000. 500,000 shall be imposed upon:
b. Unauthorized sale etc. of controlled precursor and essential a. ANY EMPLOYEE of a den, dive or resort, who is AWARE OF THE
chemical – 12 years and 1 day to 20 years and fine ranging from NATURE OF THE PLACE as such; and
100,000 – 500,000. b. ANY PERSON who not being included in the provisions of the next
c. If sale etc. transpired within 100 meters from the school – preceding paragraph, is AWARE OF THE NATURE OF THE PLACE and
maximum penalty shall be imposed in every case. shall KNOWINGLY VISIT THE SAME.
d. Drug pushers who use minors or mentally incapacitated
individuals as runners, couriers and messengers – maximum 5. Manufacture of dangerous drugs and/or controlled precursors and essential
penalty shall be imposed in every case. chemicals;
e. Organizer, financer, or financier of illegal activity prescribed in  Penalty:
this section – maximum penalty. a. Unauthorized manufacture of dangerous drug – life imprisonment
f. Protector/coddler – 12 years and 1 day to 20 years and fine ranging to death and fine ranging from 500,000 – 10,000,000.
from 100,000 – 500,000. b. Unauthorized manufacture of controlled precursor and essential
chemical – 12 years and 1 day to 20 years and fine ranging from
3. Maintenance of a dangerous drug den, dive or resort; 100,000 – 500,000.
 Penalty: c. Organizer, manager or financier – maximum penalty.
a. Maintenance of den, dive or resort where dangerous drug is used d. Protector/coddler – 12 years and 1 day to 20 years and fine ranging
or sold – life imprisonment to death and fine ranging from 500,000 – from 100,000 – 500,000.
10,000,000.
b. Maintenance of den, dive or resort where controlled precursor  The presence of any controlled precursor and essential chemical or
and essential chemical is used or sold – 12 years and 1 day to 20 laboratory equipment in the CLANDESTINE LABORATORY is a prima
years and fine ranging from 100,000 – 500,000. facie proof of manufacture of any dangerous drug.
c. If drug is administered, delivered or sold to a MINOR who is
allowed to use the same in such a place – maximum penalty.  It shall be considered an AGGRAVATING CIRCUMSTANCE if the
d. Dangerous drug be the proximate cause of death of a person clandestine laboratory is undertaken or established under the following
using the same in such den, dive or resort – death penalty and fine circumstances:
ranging from 1,000,000 – 15,000,000, imposed on the maintainer, owner a. Any phase of the manufacturing process was conducted in the presence
and/or operator. or with the help of minors;
e. If den, dive or resort is owned by a THIRD PERSON – the same b. Any phase or manufacturing process was established or undertaken
shall be confiscated in favor of the government, provided: CPO within 100 meters of a residential, business, church or school
(1) Criminal complaint shall specifically allege that such place is premises;
intentionally used in furtherance of the crime; c. Any clandestine laboratory was secured or protected with BOOBY
(2) Prosecution shall prove such intent on the part of the owner to use traps;
the property for such purpose; and d. Any clandestine laboratory was concealed with legitimate business
(3) Owner shall be included as an accused in the criminal complaint. operations; and
f. Organizer, manager or financier – maximum penalty. e. Any employment of a practitioner, chemical engineer, public
official or foreigner.
 35

6. Illegal chemical diversion of controlled precursors and essential chemicals; b. Otherwise, if the quantity involved is less than the foregoing
 Penalty: 12 years and 1 day to 20 years and fine ranging from 100,000 to quantities, the penalties shall be graduated as follows:
500,000. (1) If the quantity of SHABU is 10 grams or more but less than
50 grams – life imprisonment and fine ranging from 400,000 to
7. Manufacture or delivery of equipment, instrument, apparatus and 500,000/
other paraphernalia for dangerous drugs and/or controlled precursors and (2) If the quantities of dangerous drugs are 5 grams or more but
essential elements; not more than 10 grams of opium, morphine, heroin, cocaine,
 Penalty: marijuana resin or resin oil, shabu, or other dangerous drugs,
a. Manufacture etc. of equipment, instrument, apparatus and other or 300 grams or more but less than 500 grams of marijuana
paraphernalia for dangerous drugs, knowing, or under – 20 years and 1 day to life imprisonment and fine ranging from
circumstances where one reasonably should know, that it will be 400,000 to 500,000.
used to plant etc. any dangerous drug and/or controlled (3) If the quantities of dangerous drugs are less than 5 grams, or
precursor and essential chemical – 12 years and 1 day to 20 years less than 300 grams of marijuana – 12 years and 1 day to 20
and fine ranging from 100,000 to 500,000. years and fine ranging from 300,000 to 400,000.
b. If it will be used to inject, ingest, inhale or introduce to the
human body any dangerous drug – 6 months and 1 day to 4 years 9. Possession of equipment, instrument, apparatus and other paraphernalia for
and fine ranging from 10,000 to 50,000. dangerous drugs;
c. Use of a minor or a mentally incapacitated to deliver such  Penalty – Possession or having under his or her control any
equipment, instrument, apparatus or paraphernalia for equipment etc. fit or intended for smoking, consuming,
dangerous drug – maximum penalty. administering, injecting, ingesting, or introducing any dangerous
drug into the body – 6 months and 1 day to 4 years and fine ranging from
8. Possession of dangerous drugs; 10,000 to 50,000.
 Penalties:
a. Life imprisonment to death and fine ranging from 500,000 to  Possession of such equipment, instrument, apparatus and other
10,000,000 shall be imposed upon any person who, unless authorized paraphernalia fit or intended for any of the purposes enumerated in the
by law, shall possess any dangerous drug in the following quantities, preceding paragraph shall be prima facie evidence that the possessor has
regardless of the degree of purity thereof: smoked, consumed, administered to himself, injected, ingested or
(1) 10 grams or more of opium; used a dangerous drug and shall be presumed to have violated
(2) 10 grams or more of morphine; Section 15 of this act (Use).
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride; 10. Possession of dangerous drugs during parties, social gatherings or meetings;
(5) 50 grams or more of methamphetamine hydrochloride or shabu;  Penalty – Possession of dangerous drug during a party, social
(6) 10 grams or more of marijuana resin or marijuana resin oil; gathering, meeting, or in the proximate company of at least 2
(7) 500 grams or more of marijuana; and persons – maximum penalty provided in section 11 (possession).
(8) 10 grams or more of other dangerous drugs such as, but not limited
to, MDMA or ecstasy, PMA, TMA, LSD, GHB, and those similarly 11. Possession of equipment, instrument, apparatus and other
designed or newly introduced drugs and their derivatives, without paraphernalia for dangerous drugs during parties, social gatherings or
having any therapeutic value or if the quantity possessed is far meetings;
beyond the therapeutic requirements.  Penalty – maximum penalty in Section 12 (Possession of equip etc.).

12. Use of dangerous drugs;

 36

 Penalty – a person apprehended or arrested who is found to be positive for use or in the dosage prescribed therein shall suffer the penalty of
use of any dangerous drug after a CONFIRMATORY TEST shall be imprisonment ranging from 12 years and 1 day to 20 years and a fine ranging
imposed a penalty: from 100,000 to 500,000 and the additional penalty of the revocation of his
a. For the first offense – minimum of 6 months rehabilitation in a license to practice.
government center.
b. For the second offense – imprisonment of 6 years and 1 day to 12 16. Unlawful prescription of dangerous drugs.
years and a fine ranging from 50,000 – 200,000.  Penalty for maker or issuer of a prescription or any other writing
c. This section shall not apply where the person tested is also found to have purporting to be a prescription for any dangerous drug:
in his possession such quantity of dangerous drug provided for under - Life imprisonment to death and fine ranging from 500,000 to 10,000,000.
Section 11 (Possession), in which case the provisions stated therein shall
apply.  Any person convicted of DRUG TRAFFICKING OR PUSHING, regardless of
the penalty imposed by the court, cannot avail of the privilege granted
13. Cultivation or culture of plants classified as dangerous drugs or are sources by the PROBATION LAW.
thereof;
 Penalty:  Notwithstanding the provision of any law to the contrary, a positive finding
a. Planter, cultivator or culture – life imprisonment to death and fine for the use of dangerous drugs shall be a QUALIFYING AGGRAVATING
ranging from 500,000 to 10,000,000. CIRCUMSTANCE in the commission of a crime by an offender, and the
The land or portions thereof and/or greenhouses on which any of said application of the penalty provided for in the RPC shall be applicable.
plants is cultivated or cultured shall be confiscated and escheated in
favor of the State, unless the owner thereof can prove lack of  ATTEMPT or CONSPIRACY to commit certain acts shall be penalized by
knowledge of such cultivation or culture despite the exercise of due the SAME PENALTY prescribed for the COMMISSION of the same in
diligence on his part. the following cases: IS-MMC
b. If the land involved is PUBLIC DOMAIN – the maximum penalty shall a. Importation of any dangerous drug and/or controlled precursor and
be imposed. essential chemical;
c. Organizer, manager or financier – maximum penalty. b. Sale, trading, administration, dispensation, delivery, distribution and
d. Protector/coddler – 12 years and 1 day to 20 years and a fine ranging transportation of any dangerous drug and/or controlled precursor and
from 100,000 to 500,000. essential chemical;
c. Maintenance of a den, dive or resort where any dangerous drug is used in
14. Failure to maintain and keep original records of transactions of any form;
dangerous drugs and/or controlled precursors and essential chemicals; d. Manufacture of any dangerous drug and/or controlled precursor and
 Penalty: essential chemical; and
a. For violation or failure to comply with the maintenance and e. Cultivation or culture of plants which are sources of dangerous drugs.
keeping of the original records of transactions of any dangerous
drugs and/or controlled precursor and essential chemical – 1 year  Any public officer or employee who misappropriates, misapplies or fails to
and 1 day to 6 years and fine ranging from 10,000 to 50,0000. account for confiscated, seized or surrendered dangerous drugs, plant sources
b. Additional penalty for practitioner, manufacturer, seller, of dangerous drugs, controlled precursors and essential chemicals,
importer, distributor, dealer or retailer – revocation of license to instruments/paraphernalia and/or laboratory equipment including the proceeds
practice his/her profession or business. or properties obtained from the unlawful acts as provided for in this Act – shall
suffer the penalty of life imprisonment to death and a fine ranging from
15. Unnecessary prescription of dangerous drugs; 500,000 to 10,000,000, and absolute perpetual disqualification from
 Penalty – the practitioner who shall prescribe any dangerous drug to any any public office.
person whose physical or physiological condition does not require the
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Elective official found to have benefited from the proceeds of 2. If the Board determines that the drug dependent must be committed to a
trafficking dangerous drugs – removed from office and perpetually center for treatment and rehabilitation, it shall file a petition for his
disqualified from holding any elective or appointive positions in the commitment with the RTC where the case is being investigated or tried.
government. 3. If the court finds him to be a drug dependent, it shall order his
commitment to a center for treatment and rehabilitation.
 There is PLEA BARGAINING in RA 9165 (latest jurisprudence). 4. After discharge, his prosecution for any offense punishable by law shall be
 Criminal liability of GOVERNMENT OFFICIAL and EMPLOYEES – instituted or continue, as the case may be.
maximum penalties and absolute perpetual disqualification from any public 5. In case of conviction, the judgment shall, if the accused is certified by the
office. treatment and rehabilitation center to have maintained good behavior,
 Criminal liability for PLANTING EVIDENCE – death penalty. indicate that he shall be given full credit for the period he was
 Alien offender – after service of his sentence, he shall be deported confined in the Center.
immediately without further proceedings, unless the penalty is death. 6. When the offense is for violation of Section 15 and the accused is
not a recidivist, the penalty therefor shall be deemed to have been
 A drug dependent or any person who violates Section 15 (use) may by served in the Center upon his release therefrom after certification by
himself or thru his parent, spouse, guardian or relative within the 4 th degree of the center and the board that he is rehabilitated.
consanguinity or affinity, apply to the Board or its duly authorized
representative, for treatment and rehabilitation of the drug dependency.  Importation of dangerous drugs – there must be proof that the ship came
from a foreign port.
 A drug dependent under the voluntary submission program, who is  Possession of opium on board a foreign vessel is punishable when
finally discharged from confinement, shall be exempt from the Philippine port is its destination, The ruling does not apply when the foreign
criminal liability under Section 15 subject to the following vessel is in transit, in which case mere possession of opium therein is not
CONDITIONS: CCEP punishable.
a. He has Complied with the rules and regulations of the Center, of the
Board, or the aftercare program and follow-up schedule formulated by the  To successfully prosecute an accused, the prosecution has to prove:
DSWD; a. For SELLING illegal drugs: IDP
b. He has never been Charged or convicted of any offense punishable under 1. Identities of buyer and seller, the object, and the consideration; and
this Act, the RPC, or any special laws; 2. Delivery of the thing sold and the payment for it.
c. He has no record of Escape from a Center, or if he had escaped, he 3. In addition, the Presentation in court of the CORPUS DELICTI.
surrendered by himself or thru his parent, spouse, guardian or relative
within the 4th degree of consanguinity or affinity, within 1 week from the b. For POSSESSION of illegal drugs: APFP
date of said escape; and 1. That the Accused was in possession of prohibited drug;
d. He Poses no serious danger to himself, his family or the community by his 2. That such Possession was not authorized by law; and
exemption from criminal liability. 3. That the accused Freely and consciously possessed the prohibited
drug.
 Compulsory submission of a Drug dependent charged with an offense 4. In addition, the Presentation in court of the CORPUS DELICTI.
to treatment and rehabilitation:
1. If a person charged with an offense where the imposable penalty is  The evidence must definitely show that the illegal drug presented in court is
imprisonment of less than 6 years and 1 day, and is found by the the same illegal drug actually recovered from the accused; otherwise, the
prosecutor or by the court, at any stage of the proceedings, to be a prosecution for possession or for drug pushing fails.
drug dependent, the prosecutor or the court, as the case may be, shall
suspend all further proceedings and transmit copies of the record of Chain of Custody:
the case to the Board.
 38

1. The apprehending officer or team having initial custody and control of the 7. At the trial, the TECHNICIAN can then describe the sealed condition of the
drugs shall, immediately after seizure and confiscation, PHYSICALLY plastic container when it was handed to him and testify on the procedure he
INVENTORY AND PHOTOGRAPH the same in the presence of (1) the took afterwards to preserve its integrity.
accused or the person from whom such items were confiscated and/or seized,
or his representative or counsel, (2) a representative of the media and (3) a 8. If the sealing of the seized substance has not been made, the prosecution
representative of the DOJ, and (4) any elected public official who shall be would have to present every police officer, messenger, laboratory technician,
required to sign the copies of the inventory and be given a copy thereof. and storage personnel, the entire chain of custody, no matter how briefly
one’s possession has been. Each of them has to testify that the substance,
2. Where is the physical inventory and photograph conducted? It although unsealed, has not been tampered with or substituted while in his
depends. care.
a. Seizures covered by search warrants – physical inventory and
photograph must be conducted in the place where the search warrant  Non-compliance is not fatal. To warrant the application of this saving
was served. mechanism, the prosecution must:
b. In case of warrantless seizures – physical inventory and photograph a. recognize and explain the lapse or lapses in the prescribed
shall be conducted at the nearest police station or office of the procedure; and
apprehending officer/team, whichever is practicable. b. demonstrate that the integrity and evidentiary value of the seized
evidence have been preserved.
Non-compliance with this requirements under justifiable grounds, as
long as the integrity and the evidentiary value of the seized items  Penalty for MARIJUANA:
are properly preserved by the apprehending officer/team, shall not 1. Quantity of the drug weighs 750 grams or more – reclusion
render void and invalid such seizures of and custody over said items. perpetua
2. From 500 grams to 749 grams – reclusion temporal
3. Marking should be done (1) in the presence of the apprehended violator (2) 3. From 250 grams to 499 grams – prision mayor
immediately upon confiscation. It is the placing by the apprehending officer or 4. Below 250 grams – prision correccional
the poseur-buyer of his initials and signature on the items seized.
 A person who visited another who was smoking opium is not liable, if the
4. The police officer who seizes the suspected substance turns it over to a place is not a drug den, dive or resort.
supervising officer, who would then send it by courier to the police crime  Possession of dangerous drug must be (1) unauthorized, (2) either actual
laboratory for testing. It is imperative for the officer who seized the substance or constructive, (3) irrespective of its quantity, and (4) with intent to possess.
from the suspect to place his mark on its plastic container and seal the  What the law punishes is present possession of DD. Stains of opium
same, preferably with adhesive tape that cannot be removed without leaving indicate merely past possession thereof.
a tear on the plastic container. If the substance is not in a plastic container,
the officer should put it in one and seal the same. CRIMES AGAINST PUBLIC MORALS

5. At the trial, the OFFICER can identify the seized substance and the procedure Gambling – any game or scheme, whether upon chance or skill, wherein wagers
he observed to preserve its integrity until it reaches the crime laboratory. consisting of money, articles or value or representative of value are at stake or made.

6. After the laboratory technician tests and verifies the nature of the substance in Illegal number games – any form of illegal gambling activity which uses numbers or
the container, he should put his own mark and seal it again with a new combinations thereof as factors in giving out jackpots, prizes or returns. Example:
seal. jueteng, masiao, last two.

 RA 9287 increased the penalties for illegal number games.

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 Lottery – scheme for the distribution of prizes by chance among persons

 Penalties under RA 9287 – any person who participates in any illegal who have paid, or agreed to pay, a valuable consideration for the chance to
numbers game shall suffer the following penalties: obtain a prize.
1. Imprisonment from 30 to 90 days – if person acts as bettor.
2. Imprisonment from 6 years and 1 day to 8 years – if person (1) Elements of LOTTERY: CCP
acts as personnel or staff of an illegal numbers game operation, or (2) 1. Consideration;
allows his vehicle, house, building or land to be used in such operation; 2. Chance; and
3. Imprisonment from 8 years and 1 day to 10 years – if person acts 3. Prize, or some advantage or inequality in amount or value which is in the
as collector or agent; nature of a prize.
4. Imprisonment from 10 years and 1 day to 12 years – if person acts  Knowingly permitting gambling to be carried on in a place owned or
as coordinator, controller or supervisor; controlled by the offender.
5. Imprisonment of 12 years and 1 day to 14 years – if person acts as Elements: GPO
maintainer, manager or operator; 1. Gambling game was carried on in an inhabited or uninhabited place or in
6. Imprisonment from 14 years and 1 day to 16 years – if person acts any building, vessel or other means of transportation;
as financier or capitalist; 2. The Place, building, vessel or other means of transportation is owned or
7. Imprisonment from 16 years and 1 day to 18 years – if person acts controlled by the offender;
as financier or coddler. 3. The Offender permitted the carrying on of such game, knowing that it is a
gambling game.
 Liability of Government officials and Employees under RA 9287:
1. If the collector, agent, coordinator, controller, supervisor, maintainer,  Basaha nala it cockfighting ha book meroi.
manager, operator, financier, or capitalist of any illegal numbers game is
a government employee and/or public official, whether elected or What are the offenses against decency and good customs?
appointed, he shall suffer the penalty of: 1. Grave scandal
a. 12 years and 1 day to 20 years; and 2. Immoral doctrines, obscene publications and exhibitions
b. a fine ranging from P3,000,000 to P5,000,000; and 3. Vagrancy and prostitution
c. perpetual disqualification from public office.
GRAVE SCANDAL
2. Any local government official who, having knowledge of the Elements: PHNC
existence of the operation of an illegal numbers game in his 1. Offender Performs an act or acts;
jurisdiction, FAILS TO ABATE or to take action, or TOLERATES the 2. Such act or acts be Highly scandalous as offending against decency or good
same, shall suffer the penalty of perpetual disqualification from customs;
public office. 3. Such conduct is Not expressly falling within any article of the RPC;
4. It is Committed (a) in a public place or (2) within the public knowledge or
3. Any law enforcer who fails to apprehend perpetrators of any illegal view.
numbers game shall suffer an administrative penalty of suspension or
dismissal, to be imposed by the appropriate authority. Penalty: Arresto menor and public censure

 Spectators are not liable in gambling, because they do not take part therein,  Decency – propriety of conduct; proper observance of the requirements of
directly or indirectly. modesty, good taste, etc.
 Customs – established usage, social conventions carried on by tradition and
enforced by social disapproval of any violation thereof.
 40

 Grave scandal – consists of acts which are offensive to decency and good  If the offender is a GOVERNMENT OFFICIAL OR EMPLOYEE who allows
customs which, having been committed publicly, have given rise to public the violations of Sec. 1 – penalty shall be imposed in its maximum period
scandal to persons who have accidentally witnessed the same. and the accessory penalties provided for in the RPC shall likewise be imposed.
 Publicity is essential.
 If the acts of the offender are punished under another article of this Code, Art.  Obscene – something offensive to chastity, decency or delicacy.
200 is not applicable. Thus, if the scandalous conduct constitutes an act of  Test of Obscenity – whether the tendency of the matter charged as
lasciviousness, even if committed publicly, the offender should not be obscene, is to deprave or corrupt those whose minds are open to such
prosecuted and punished under this Article. immoral influences, and into whose hands such a publication may fall and also
whether or not such publication or act shocks the ordinary and common
 The ACTS must be performed (1) in a public place or (2) within public sense of men as an indecency.
knowledge or view.  Mere nudity in pictures or paintings, not an obscenity. As regards such
 When the acts were performed in a private house and seen by one person, the pictures, the proper test is whether the motive of the picture is pure or
crime was not committed. impure; or whether it is naturally calculated to excite impure
imaginations.
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS and EXHIBITIONS, and  Mere possession of obscene materials, without intention to sell, exhibit, or
INDECENT SHOWS give them away, is not punishable under Art. 201, considering the purpose
Acts punished: of the law is to prohibit the dissemination of obscene materials to the
1. Those who publicly expound or proclaim doctrines openly contrary to public public.
morals;  The offense in any of the forms under Art. 201 is committed only when there
is PUBLICITY.
2. Authors of obscene literature, published with their knowledge in any form,
the editors publishing such literature, and the owners/operators of the VAGRANTS AND PROSTITUTES
establishment selling the same; The following are vagrants:
1. Any person having No apparent means of subsistence, who has the physical
Those who, in theaters, fairs, cinematographs, or any other place, exhibit ability to work and who neglects to apply himself or herself to some lawful
indecent or immoral plays, scenes, acts, or shows, it being understood calling;
that the obscene literature or indecent or immoral plays, scenes, acts or 2. Any person found Loitering about public or semi-public buildings or places, or
shows, whether in live or in film, which are proscribed by virtue hereof, shall tramping or wandering about the country or the streets without visible means
include those which: G-COTS of support;
a. Glorify criminals or condone their crimes; 3. Any Idle or dissolute person who (1) lodges in houses of ill-fame; (2) ruffians
b. Serve no other purpose but to satisfy the market for violence, lust or or pimps; and (3) those who habitually associate with prostitutes;
pornography; 4. Any person who, Not being included in the provisions of other articles of this
c. Offend any race or religion; Code, shall be found loitering in any inhabited or uninhabited place belonging
d. Tend to abet traffic in and use of prohibited drugs; and to another without any lawful or justifiable purpose;
e. Are Contrary to law, public order, morals, good customs, established 5. Prostitutes.
policies, lawful orders, decrees and edicts; and
For purposes of this article, women who, for money or profit, HABITUALLY
3. Those who shall sell, give away (distribute), or exhibit films, prints, indulge in sexual intercourse or lascivious conduct, are deemed to be
engravings, sculptures, or literature which are offensive to morals. PROSTITUTES.

Penalty: Prision mayor OR a fine ranging from 20,000 to 200,000, or both. Any person found guilty of any of the offenses covered by this article shall be punished
by arresto menor OR a fine not exceeding P20,000.
 41

In case of RECIDIVISM, by arresto mayor in its minimum period OR a fine 7 and 6 are malfeasance in office that a public officer can commit.
ranging from P20,000 to P200,000, or both, in the discretion of the court. 5 is nonfeasance.

 Persons below 18 years of age shall be exempt from prosecution of this  Misfeasance – the improper performance of some act which might lawfully
Article. Said persons shall undergo appropriate counseling and treatment be done.
program.  Malfeasance – the performance of some act which ought not to be done.
 A maintainer of a house of prostitution may be considered a vagrant under  Nonfeasance – the omission of some act which ought to be performed.
Par. 3 of Art. 202.
 One sexual intercourse with a man for money or profit does not make a KNOWINGLY RENDERING UNJUST JUDGMENT
woman a prostitute. And several intercourses with different men do not make Elements: JRUK
her a prostitute, if there is no evidence that she indulged in sexual intercourse 1. Offender is a Judge;
for money or profit. 2. He Renders a judgment in a case submitted to him for decision;
3. Judgment is Unjust;
 Any person who buys or engages services of trafficked persons for 4. Judge Knows that his judgment is unjust.
prostitution shall be penalized as follows:
1. First offense – 6 months of community service as may be determined by Penalty: Prision mayor and perpetual absolute disqualification
the court AND a fine of P50,000.
2. Second and subsequent offenses – imprisonment of 1 year AND a  Unjust judgment – one which is contrary to law, or is not supported by the
fine of P100,000. evidence, or both.
 An unjust judgment is rendered knowingly when it is made deliberately and
CRIMES COMMITTED BY PUBLIC OFFICERS maliciously.
To be a PUBLIC OFFICER, one must be – TPA  The SOURCE of unjust judgment may be either –
a. Taking part in the performance of public functions in the Government; or a. Error;
Performing in said Government or in any of its branches public duties as an b. Ill-will or revenge; or
employee, agent, or subordinate official, of any rank or class; and c. Bribery.
b. His Authority to take part in the performance of public functions or to perform
public duties must be – dpa  A judicial officer, when required to exercise his judgment or discretion, is not
1. By Direct provision of law; or criminally liable for any error which he commits, provided he acts in GOOD
2. By Popular election; or FAITH. Bad faith is therefore the ground for liability.
3. By Appointment by competent authority.  There must be evidence that the judgment is unjust – it cannot be
presumed.
Crimes classified under malfeasance and misfeasance in office: KRR-MDB-DI  There must be evidence that the judge knew that the judgment is unjust.
1. Knowingly rendering unjust judgment
2. Rendering judgment thru negligence JUDGMENT RENDERED THRU NEGLIGENCE
3. Rendering unjust interlocutory order Elements: JR- MD
4. Malicious delay in the administration of justice 1. Offender is a Judge;
5. Dereliction of duty in prosecution of offenses 2. He Renders a judgment in a case submitted to him for decision;
6. Betrayal of trust by an attorney or solicitor – revelation of secrets 3. Judgment is Manifestly unjust;
7. Direct bribery 4. It is Due to his inexcusable negligence or ignorance.
8. Indirect bribery
Penalty: Arresto mayor and temporary special disqualification
1, 2, 3 and 4 are misfeasance in office that a JUDGE can commit.
 42

 Manifestly unjust judgment – it is so manifestly contrary to law, that even Penalty: Prision correccional in its minimum period and suspension
a person having a meager knowledge of the law cannot doubt the injustice.
 Abuse of discretion by a trial court does not necessarily mean ulterior  Officer of the law – includes all those who, by reason of the position held by
motive, arbitrary conduct or willful disregard of a litigant’s right. them, are duty-bound to cause the prosecution and punishment of the
offenders.
UNJUST INTERLOCUTORY ORDER  Public officer – extends to officers of the prosecution department, whose
Elements: J-KR duty is to institute criminal proceedings for felonies upon being informed of
1. Offender is a Judge; their perpetration.
2. He performs any of the following acts:  Maliciously signifies deliberate intent. A dereliction of duty caused by poor
a. Knowingly renders unjust interlocutory order or decree – penalty: judgment or honest mistake is not punishable.
arrestor mayor in its minimum period AND suspension; or
b. Renders a manifestly unjust interlocutory order or decree thru inexcusable  The crime committed by the law-violator must be proved first. If the guilt of
negligence or ignorance – penalty: suspension. the law-violator is not proved, the person charged with dereliction of duty
MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE under this article is not liable.
Elements: JP-DM
1. Offender is a Judge;  Liability of public officer who having the duty of prosecuting the offender,
2. There is a Proceeding in his court; harbored, concealed, or assisted in the escape of the latter, is that of the
3. He Delays the administration of justice; principal in the crime of dereliction of duty in the prosecution of
4. The delay is Malicious. offenses.

Penalty: Prision correccional in its minimum period Such public officer is not merely an accessory. He is a principal in the crime
defined and penalized in Art. 208.
 Malicious – the delay is caused by the judge with deliberate intent to
inflict damage on either party in the case.  Not applicable to revenue officers. Officers, agents or employees of the BIR
who, having knowledge or information of a violation of the Internal Revenue
PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE Law, fail to report such knowledge or information to their superiors, shall be
DERELICTION OF DUTIES/PREVARICACION punished under that law, not under this provision.
Acts punished:
1. Maliciously refraining from instituting prosecution against violators of the BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR – REVELATION OF
law; SECRETS
2. Maliciously tolerating the commission of offenses. Acts punished: CRU
1. Causing damage to his client, either (a) by any malicious breach of
Elements of Dereliction of Duty in the Prosecution of Offenses: professional duty, (b) by inexcusable negligence or ignorance.
1. Offender is a Public officer or Officer of the law who has a duty to cause 2. Revealing any of the secrets of his client learned by him in his professional
the prosecution of, or to prosecute, offenses. capacity.
2. There is Dereliction of the duties of his office; that is, knowing the 3. Undertaking the defense of the opposing party in the same case, without the
commission of the crime, he does not cause the prosecution of the consent of his first client, after having undertaken the defense of said first
criminal, or knowing that a crime is about to be committed, he tolerates its client or after having received confidential information from said client.
commission;
3. Offender acts with malice and deliberate intent to favor the violator of the Penalty: Prision correccional in its minimum period OR fine ranging from
law. P40,000 to P200,000, or both.
 43

DIRECT BRIBERY  But in the second act punishable, the law uses the phrase “the gift was
Acts punished: AAA accepted by the officer.”
1. Agreeing to perform, or performing, in consideration of any offer, promise, gift
or present – an act constituting a crime, in connection with the  In case there is only an OFFER of GIFT or a PROMISE to GIVE
performance of his official duties. SOMETHING, the offer or the promise must be accepted by the public
Penalty: prision mayor in its medium and maximum periods AND fine of not officer.
less than 3 times the value of the gift, in addition to the penalty corresponding
to the crime agreed upon, if the same shall have been committed, and special If the offer is not accepted by the public officer, only the person offering the
temporary disqualification. gift or present is criminally liable for attempted corruption of public officer.

2. Accepting a gift in consideration of the execution of an act which does not  A mere agreement or promise on the part of the public officer to execute an
constitute a crime, in connection with the performance of his official duty, act not constituting a crime is not a violation of the provision in the second
and offender executed said act. paragraph of Art. 210.

 The first form of direct bribery is committed if by refraining from doing an act,
Penalty: the public officer commits a crime.
a. If offender executes said act – prision mayor in its medium and
maximum periods AND fine of not less than 3 times the value of the gift. Third Form of Direct Bribery Dereliction of Duty/Prevaricacion
b. If not accomplished – prision correccional in its medium period AND Committed by refraining from doing something which pertains to the official duty of
fine of not less than twice the value of such gift, and special temporary the officer.
disqualification. Offender refrained in consideration of a Consideration is not necessary.
gift received or promised.
3. Agreeing to refrain, or by refraining, from doing something which is his official
duty to do, in consideration of a gift or promise. INDIRECT BRIBERY
Penalty: Prision correccional in its maximum period to prision mayor in its Elements: PAO
minimum period AND fine of not less than 3 times the value of such gift, and 1. Offender is a Public officer;
special temporary disqualification. 2. He Accepts gifts;
3. Said gifts are Offered to him by reason of his office.
Elements of DIRECT BRIBERY: PAAC
1. Offender is a Public officer within the scope of Art. 203; Penalty: Prision correccional in its medium and maximum periods,
2. Offender Accepts an offer or a promise or Receives a gift or present by suspension and public censure
himself or thru another;
3. Such offer or promise be Accepted, or gift or present received by the public  The gift is usually given to the public officer in anticipation of a future
officer – favor from the public officer.
a. With a view to committing some crime; or  Acceptance of promise is not punishable under Art. 211.
b. In consideration of the execution of an act which does not constitute a  There is no attempted or frustrated bribery. If the officer does not accept
crime, but the act must be unjust; or the gifts, he does not commit the crime; if he does, it is consummated.
c. To refrain from doing something which it is his official duty to do;
4. Such act be Connected with the performance of his official duties. Direct Bribery Indirect Bribery
In both, the public officer receives gift.
 In the first act punishable under this article, the gift or present need not be There is an agreement between the No such agreement exists.
actually received by the public officer, as an accepted offer or promise of gift public officer and the giver of the gift or
is sufficient. present.
 44

The offender agrees to perform or It is not necessary that the officer

performs and act or refrains from should do any particular act or even “Any person who voluntarily gives information about any violation of Arts.
doing something, because of the gift or promise to do an act, as it is enough 210, 211 and 212 of the RPC x x x and who willingly testifies against public
promise. that he accepts gifts offered to him by official or employee for such violation shall be exempt from prosecution or
reason of his office. punishment for the offense with reference to which his information and
In Direct bribery under the second In the Pamplona case, the act testimony were given, and may plead or prove the giving of such information
paragraph of Art. 210, the act executed by the accused was not unjust. and testimony in bar of such prosecution. x x x provided that the following
executed must be UNJUST.
CONDITIONS concur:
a. Information must refer to consummated violations of any of the above-
QUALIFIED BRIBERY
mentioned provisions of law, rules and regulations;
Elements: PRC
b. Information and testimony are Necessary for the conviction of the
1. Offender is a Public officer entrusted with law enforcement;
accused public officer;
2. He Refrains from arresting or prosecuting an offender who has committed a
c. Such information and testimony are Not yet in the possession of the
crime punishable by reclusion perpetua and/or death;
State;
3. In Consideration of any promise, gift or present.
d. Such information and testimony can be Corroborated on its material
points;
Penalty: He shall suffer the penalty for the offense which was not
e. The informant or witness has not been previously convicted of a crime
prosecuted.
involving moral turpitude.
If it is the public officer who ASKS OR DEMANDS such gift or present – he shall
Immunity shall not attach should it turn out subsequently that the information
suffer the penalty of DEATH.
and/or testimony is false and malicious or made only for the purpose of
harassing, molesting or in any way prejudicing the public officer
CORRUPTION OF PUBLIC OFFICIALS
denounced. In such a case, the public officer so denounced shall be entitled
Elements:
to any action, civil or criminal, against said informant or witness.
1. Offender Makes offers or promises or gives gifts or presents to a public
officer;
ANTI-GRAFT AND CORRUPT PRACTICES ACT
2. The offers or promises are made or the gifts or presents given to a public
officer, Under circumstances that will make the public officer liable for direct
CORRUPT PRACTICES OF PUBLIC OFFICERS
bribery or indirect bribery.
In addition to acts or omissions of public officers already penalized by existing law, the
following shall constitute corrupt practices of any public officer and are hereby declared
Penalty: Same penalties imposed upon the officer corrupted, except those of
to be unlawful:
disqualification and suspension.
1. Persuading, inducing or influencing another public officer to perform an act
constituting a violation of rules and regulations duly promulgated by
 The offender in corruption of public officer is the GIVER of gift or OFFEROR
competent authority or an offense in connection with the official duties of the
of promise. The public officer sought to be bribed is not criminally liable,
latter, or allowing himself to be persuaded, induced, or influenced to commit
unless he accepts the gift or consents to the offer of the offender.
such violation or offense;
o 2 persons liable: (1) public officer who persuades, induces or
 Art. 212 punishes the person who made the offer or promise or gave the gift,
influences another public officer; and (2) the public officer who
even if the gift was demanded by the public officer and the offer was not
allows himself to be so persuaded, induced or influenced.
made voluntarily prior to the said demand by the public officer.
2. Directly or indirectly requesting or receiving any gift, present, share,
 PD 749 – grants immunity from prosecution to givers of bribes and other gifts
percentage, or benefit, for himself or for any other person, in connection with
and to their accomplices in bribery and other graft cases against public
any contract or transaction between the Government and any other party,
officers.
 45

wherein the public officer in his official capacity has to intervene under the o Persons liable: Public officer who has the duty under the law to
law; enter, on behalf of the government, into any contract or transaction
o Person liable: public officer who, in his official capacity, has to with any person.
intervene under the law in any contract or transaction between the
government and any other party. 8. Directly or indirectly having financial or pecuniary interest in any business,
contract or transaction in connection with which he intervenes or takes part in
3. Directly or indirectly requesting or receiving any gift, present or other his official capacity, or in which he is prohibited by the Constitution or by any
pecuniary or material benefit for himself or for another, from any person for law from having any interest;
whom the public officer, in any manner or capacity, has secured or obtained, o Person liable: Public officer who intervenes or takes part in his
or will secure or obtain, any Government permit or license, in consideration for official capacity in any business, contract or transaction, or any public
help given or to be given, without prejudice to Sec. 13 of this Act; officer who is prohibited by the Constitution or by any law from
o Person liable: Public officer who, in any manner or capacity, has having any interest.
secured or obtained, or will secure or obtain, any Government permit
or license for another person. 9. Directly or indirectly becoming interested, for personal gain, or having material
interest in any transaction or act requiring the approval of a board, panel or
4. Accepting or having any member of his family accept employment in a private group of which he is a member, and which exercises discretion in such
enterprise which has pending official business with him during the pendency approval, even if he votes against the same or does not participate in the
thereof or within 1 year after his termination; action of the board, committee, panel or group.
o Person liable: Public officer who has a pending official business with Interest for personal gain shall be presumed against those public officers
a private enterprise. responsible for the approval of manifestly unlawful, inequitable, or irregular
transactions or acts by the board, panel or group to which they belong;
5. Causing any undue injury to any party, including the Government, or giving o Person liable: Public officer who is a member of a board, panel or
any private party any unwarranted benefits, advantage or preference in the group which exercises discretion in the approval of any transaction or
discharge of his official, administrative or judicial functions thru manifest act.
partiality, evident bad faith or gross inexcusable negligence. This provision
shall apply to officers and employees of offices or government corporations 10. Knowingly approving or granting any license, permit, privilege or benefit in
charged with the grant of licenses or permits or other concessions; favor of any person not qualified for or not legally entitled to such license,
o Person liable: To be liable under this provision, the public officer permit, privilege or advantage, or of a mere representative or dummy of one
must act thru manifest partiality, evident bad faith or gross who is not so qualified or entitled;
inexcusable negligence. o Person liable: Public officer who has the duty of approving or
granting any license, permit, privilege or benefit.
6. Neglecting or refusing, after due demand or request, without sufficient
justification, to act within a reasonable time on any matter pending before him 11. Divulging valuable information of a confidential character, acquired by his
for the purpose of obtaining directly or indirectly, from any person interested office or by him on account of his official position, to unauthorized persons, or
in the matter some pecuniary or material benefit or advantage, or for the releasing such information in advance of its authorized release date.
purpose of favoring his own interest or giving undue advantage in favor of or o Person liable: Public officer who, on account of his official position,
discriminating against any other interested party; or whose office, acquired valuable information of a confidential
7. Entering, on behalf of the government, into any contract or transaction character.
manifestly and grossly disadvantageous to the same, whether or not the public
officer profited or will profit thereby;  Statement of Assets and Liabilities – Every public officer (1) within 30
days after assuming office, and thereafter, (2) on or before the 15 th
day of APRIL following the close of every calendar year, as well as (3)
 46

upon the expiration of his term of office, or (4) upon his resignation 3. Failing voluntarily to issue a receipt, as provided by law, for any sum of
or separation from office, shall prepare and file with the office of the money collected by him officially, in the collection of taxes, licenses, fees,
corresponding Department Head, or in the case of a Head of Department of and other imposts.
our Chief of an independent office, with the Office of the President, a true 4. Collecting or receiving, directly or indirectly, by way of payment or otherwise,
and detailed SWORN STATEMENT of ASSETS and LIABILITIES, things or objects of a nature different from that provided by law, in the
including a statement of the amounts and sources of his income taxes paid for collection of taxes, licenses, fees, and other imposts.
the next preceding calendar year: Provided, That public officers assuming
office less than 2 months before the end of the calendar year, may file When the culprit is an officer or employee of the BIR or the BOC, the provisions of
their first statement on or before the 15 th day of April following the close of NIRC or Administrative Code shall be applied.
said calendar year.
Penalty: Prision correccional in its medium period to prision mayor in its
 Unexplained wealth – ground for dismissal or removal, and for the minimum period OR a fine ranging from P40,000 to P2,000,000, or both.
administrative suspension of the public official concerned for an indefinite
period until the investigation of the unexplained wealth is completed. Elements of Frauds Against Public Treasury PAR. 1: PTEI
1. Offender is a Public officer;
 Prescription of offenses under this act – 15 years. 2. He should have Taken advantage of his office, that is, he intervened in the
Competent court – Sandiganbayan. transaction in his official capacity;
No public officer shall be allowed to resign or retire pending an 3. He Entered into an agreement with any interested party or speculator, or
investigation, criminal or administrative, or pending a prosecution against him, made use of any other scheme with regard to (a) furnishing supplies, (2)
or for any offense under this Act or under the provisions of the RPC on making of contracts, or (3) adjustment or settlement of accounts relating to
bribery. public property or funds;
4. Intent to defraud the Government.
 Should the accused be convicted by final judgment – he shall lose or
retirement or gratuity benefits under any law.
 If acquitted – he shall be entitled to reinstatement and to the salaries and  This crime is consummated by merely entering into an agreement with any
benefits which he failed to receive during suspension, unless in the meantime interested party or speculator or by merely making use of any other scheme to
administrative proceedings have been filed against him. defraud the government.

 Unsolicited gifts or presents of small or insignificant value offered or Elements of Illegal Exactions: PG
given as a mere ordinary token of gratitude or friendship according to local 1. Offender is a Public officer entrusted with the collection of taxes, licenses, fees
customs or usage, shall be excepted from the provisions of this act. and other imposts;
2. He is Guilty of any of the following acts or omissions: DFC
FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR OFFENSES a. Demanding payment of sums different from or larger than those
Acts punishable: EnDeFaCo authorized by law; or
1. Entering into an agreement with any interested party or speculator or b. Failing voluntarily to issue a receipt, as provided by law, for any sum of
making use of any other scheme, to DEFRAUD the Government, in money collected by him officially; or
dealing with any person with regard to furnishing supplies, making of c. Collecting or receiving by way of payment or otherwise, things or objects
contracts, or adjustment or settlement of accounts relating to public property of a nature different from that provided by law.
or funds.
2. Demanding, directly or indirectly the payment of sums different from or  Here, the taxpayer need not actually pay the amount demanded. Mere
larger than those authorized by law, in the collection of taxes, licenses, fees, demand for a larger or different amount is sufficient to consummate the crime.
and other imposts.
 47

 When there is DECEIT in demanding greater fees than those prescribed 2. Experts, arbitrators, and private accountants who, in like manner, took
by law, the crime committed is ESTAFA and not illegal exaction. part in any contract or transaction connected with the estate or property in the
appraisal, distribution or adjudication of which they had acted.
OTHER FRAUDS 3. Guardians and executors with respect to the property belonging to their
Elements: wards or the estate.
1. Offender is a Public officer;
2. He Takes advantage of his official position; Penalty: Arresto mayor in its medium period to prision correctional in its
3. He Commits any of the frauds or deceits enumerated in Arts. 315 to 318. minimum period, OR fine ranging from P40,000 to P200,000, or both.

Penalty: In addition to the penalties prescribed in the provisions of Chapter 6, Title 10,  The official who intervenes in contracts or transactions which have no
Book 2 of the RPC, Temporary special disqualification in its maximum period to connection with his office cannot commit the crime defined in Art. 216.
Perpetual special disqualification shall be imposed.
Crimes called Malversation of Public Funds or Property: MI-F3
 Arts 315 to 318 define and penalize (1) estafa, (2) other forms of swindling, 1. Malversation by appropriating, misappropriating or permitting any other
(3) swindling a minor, and (4) other deceits. person to take public funds or property
 RTC has jurisdiction when this article is involved, because the MTC has no 2. Failure of accountable officer to render accounts
jurisdiction to impose the penalty of disqualification. Under this article, the 3. Failure of a responsible public officer to render accounts before leaving the
penalty of disqualification is imposed as a principal penalty. country
4. Illegal use of public funds or property
5. Failure to make delivery of public funds or property
PROHIBITED TRANSACTIONS
Elements: AID-T
1. Offender is an Appointive public officer; MALVERSATION OF PUBLIC FUNDS OR PROPERTY – PRESUMPTION OF
2. He becomes Interested, directly or indirectly, in any transaction, exchange or MALVERSATION
speculation. Acts punishable in malversation: ATCG
3. He becomes interested in such transaction During his incumbency. 1. Appropriating public funds or property.
4. Such transaction Takes place within the territory subject to his jurisdiction. 2. Taking or misappropriating the same.
3. Consenting or, thru abandonment or negligence, permitting any other person
Penalty: Prision correccional in its minimum period OR fine ranging from to take such public funds or property.
P40,000 to P200,000, or both. 4. Being otherwise Guilty of the misappropriation or malversation of such funds
or property.
 In a word, the appointive public officer should not devote himself to
COMMERCE. Elements common to all acts of malversation under Art. 217: PC-FA
 Example of officers: Justices, judges, fiscals, employees engaged in the 1. Offender is a Public officer;
collection and administration of public funds. 2. He had the Custody or control of funds or property by reason of the duties of
his office;
POSSESSION OF PROHIBITED INTEREST BY A PUBLIC OFFICER 3. Those Funds or property were public funds for which he was accountable;
Who are liable for Possession of Prohibited Interest? PEG 4. He Appropriated, took, misappropriated or consented or, thru abandonment or
1. Public officer who, directly or indirectly, became interested in any contract or negligence, permitted another person to take them.
business in which it was his official duty to intervene.
Amount involved Penalty
Does not exceed P40,000 Prision Correccional in its medium and
maximum periods
 48

More than P40,000 but does not exceed Prision mayor in its minimum and
P1,200,000 medium periods  Malversation thru negligence must be positively and clearly shown to be
More than P1,200,000 but does not Prision mayor in its maximum period to inexcusable, approximating malice or fraud.
exceed P2,400,000 Reclusion temporal in its minimum  In malversation not committed thru negligence, lack of criminal intent
period or good faith is a defense.
More than P2,400,000 but does not Reclusion temporal in its medium and
exceed P4,400,000 maximum periods  The failure or inability of the accused who was in custody of public funds
More than P4,400,000 but does not Reclusion temporal in its maximum to refund the shortage UPON DEMAND by the duly authorized offices
exceed P8,800,000 period
constitutes prima facie evidence of malversation, notwithstanding the fact
More than P8,800,000 Reclusion perpetua
that such demand had been made verbally.
Plus perpetual special disqualification AND fine equal to the amount of the
The presumption may be rebutted. If the accused has adduced evidence
funds malversed or equal to the total value of the property embezzled.
showing that he did not put the missing funds or property to personal uses,
The failure of a public officer to have duly forthcoming any public funds or then that presumption is at an end and the prima facie case is destroyed.
property with which he is chargeable, UPON DEMAND by any duly authorized
officer, shall be PRIMA FACIE EVIDENCE that he has put such funds or property to  Payment or reimbursement is not a defense for exoneration in
personal uses. malversation; it may only be considered as a mitigating circumstance. This
is because damage is not an element of malversation.
 Malversation – otherwise called embezzlement. Exception: But if at the very moment when the shortage is discovered, the
accountable officer is notified thereof and he at once presents the money,
 It is the NATURE OF THE DUTIES, not the relatively important name given
no prima facie evidence of the crime of malversation can be established.
to the office, which is the controlling factor in determining whether or not the
accused is an accountable public officer.
 Demand is not necessary in malversation. It merely raises a prima facie
 The funds or property must be received in official capacity. When a public
presumption that missing funds have been put to personal use. The demand
officer has no authority to receive the money for the Government and
itself, however, is not an element of, and not indispensable to constitute
upon receipt of the same he misappropriated it, the crime committed is
malversation.
ESTAFA, not malversation.

FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS

 A public officer having only a qualified charge of Government property
Elements: PARF
without authority to part with physical possession of it unless upon
1. Offender is a Public officer, whether in the service or separated therefrom;
order from his immediate superior, cannot be held liable for malversation.
2. He must be an Accountable officer for public funds or property;
3. He is Required by law or regulation to render accounts to the COA, or to a
 PEOPLE v. SENDAYDIEGO – A PRIVATE PERSON conspiring with an
provincial auditor;
accountable public officer in committing malversation is also guilty of
4. He Fails to do so for a period of two months after such accounts should be
MALVERSATION.
rendered.
 US v. PONTE – When a private person INDUCES a public officer or, by
Penalty: Prision correccional in its minimum period, OR fine ranging from
necessary acts, aids a public officer in consenting or permitting such public
P40,000 to P1,200,000, or both.
funds to fall into the hands of a swindler, he must be held equally liable with
such public officer for malversation.
 Demand for accounting is not necessary. It is sufficient that there is a law or
regulation requiring him to render account.
 Private property may be involved in malversation. Art. 217 applies to
 It is not essential that there be misappropriation. If there is
administrator or depositary of funds attached, seized, or deposited by public
misappropriation, he would be liable also for malversation under Art. 217.
authority, even if such property belongs to a private individual.
 49

FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY

FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS Acts punishable under Art. 221:
BEFORE LEAVING THE COUNTRY 1. Failing to make payment by a public officer who is under obligation to make
Elements: PAU such payment from the Government funds in his possession.
1. Offender is a Public officer; 2. Refusing to make delivery by a public officer who has been ordered by
2. He must be an Accountable officer for public funds or property; competent authority to deliver any property in his custody or under his
3. He must have Unlawfully left the Philippines without securing from the COA a administration.
certificate showing that his accounts have been finally settled;
Elements of Failure to make payment: GUM
Penalty: Arresto mayor OR fine ranging from P40,000 to P200,000 or both. 1. Government funds in the possession of the public officer;
2. Public officer is Under obligation to make payment from such funds;
ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (TECHNICAL 3. He Maliciously fails to make payment.
MALVERSATION)
Elements: PPAA Penalty:
1. Offender is a Public officer; 1. Arresto mayor AND fine from 5% to 25 % of the sum which he failed
2. There is a Public fund or property under his administration; to pay – for failure to pay.
3. Such public fund or property has been Appropriated by law or ordinance; 2. The fine shall be graduated by the value of the thing; Provided, That is shall
4. He Applies the same to a public use other than that for which such fund or not be less than P10,000.
property has been appropriated by law or ordinance.
OFFICERS INCLUDED IN THE PRECEDING PROVISIONS
Penalty: Private individuals who may be liable under Art. 217 to 221:
1. If by reason of such misapplication, any damages or embarrassment 1. Private individuals who, in any capacity whatever, have charge of any
shall have resulted to the public service – prision correccional in its national, provincial or municipal funds, revenue or property.
minimum period OR fine ranging from ½ to the total value of the sum 2. Administrator or depositary of finds or property attached, seized or deposited
misapplied, and Temporary special disqualification. by public authority, even if such property belongs to a private individual.
2. If no damage or embarrassment to the public service has resulted –
fine from 5% to 50% of the sum misapplied.  The purpose of this provision is to extend the provisions of the Code on
malversation to private individuals.
 There is no technical malversation if there is no law or ordinance  Sheriffs and Receivers fall under the term administrator and
appropriating public funds or property for a particular purpose. depositary. Thus, if they misappropriate money or property under their
custody, they are liable for malversation.
Illegal use of public funds or Malversation under Art. 217  Private property is included, provided it is:
property a. Attached;
Offenders are accountable public officers in both crimes. b. Seized; or
Offender does not derive any personal Offender in certain cases profits from the c. Deposited by public authority.
gain or profit. proceeds of the crime.
The public fund or property is applied to The public fund or property is applied to Crimes under INFIDELITY of public officers:
another public use. the personal use and benefit of the 1. Infidelity in the custody of prisoners
offender or of another person. 2. Infidelity in the custody of documents
3. Revelation of secrets
 Technical malversation is not included nor does it necessarily includes
the crime of malversation of public funds. Crimes under Infidelity in the Custody of Prisoners:
 50

1. Conniving with or consenting to evasion 1. 12 years and 1 day to 20 years of imprisonment – if detained person
2. Evasion thru negligence has already been convicted and sentenced in a final judgment of a competent
3. Escape of prisoner under the custody of a person not a public officer court.
2. 6 years and 1 day to 12 years – if detained person has not been convicted
CONNIVING WITH OR CONSENTING TO EVASION and sentenced in a final judgment of a competent court.
Elements: PC-EC
1. Offender is a Public officer; EVASION THRU NEGLIGENCE
2. He had in his Custody or charge, a prisoner, either detention prisoner or Elements: PCE
prisoner by final judgment; 1. Offender is a Public officer;
3. Such prisoner Escaped from his custody; 2. Charged with the conveyance or custody of a prisoner, either detention
4. He was in Connivance with the prisoner in the latter’s escape. – prisoner or prisoner by final judgment;
indispensable element 3. Prisoner Escapes thru his negligence.

Penalty: Penalty: Arresto mayor in its maximum period to prision correccional in its
1. Prision correccional in its medium and maximum periods and minimum period and temporary special disqualification.
temporary special disqualification in the maximum period to
perpetual special disqualification – if the fugitive shall have been  Not every little mistake or distraction of a guard leading to a prisoner’s escape
sentenced by final judgment. is negligence under Art. 224.
2. Prision correccional in its minimum period and temporary special  It is only that positive carelessness that is short of deliberate non-
disqualification – if the fugitive shall not have been finally convicted but performance of his duties as guard that is the gravamen if the crime
only held as a detention prisoner for any crime or violation of law or municipal under Art. 224.
ordinance.  Example: A policeman who, assigned to guard a prisoner, falls asleep, with
the result that the prisoner escapes, is guilty of negligence in the custody of a
 Leniency or laxity is not infidelity. prisoner.
 Relaxation of imprisonment is considered infidelity. It includes a case  The fact that the public officer recaptured the prisoner who had escaped
where the guard allowed the prisoner, serving a 6-day sentence in the from his custody does not afford complete exculpation.
municipal jail, to sleep in his house and eat there because the municipality had  Liability of the escaping prisoner:
no outlay for the food of prisoners. 1. If the fugitive is serving sentence by reason of final judgment – he
 The mayor is guilty under Art. 223, if he utilized the prisoner’s services for is liable for evasion of the service of sentence under Art. 157.
domestic chores in his house, including that of working as a cook. 2. If the fugitive is only a detention prisoner – no criminal liability.

RA 9372 – Anti-Terrorism Act ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC
Elements: PD-CD OFFICER
1. Offender is a Public officer; Elements: PCE-CN
2. He has Direct custody of a detained person or under the provisions of RA 1. Offender is a Private person;
9372; 2. Conveyance or custody of a prisoner or person under arrest is confided to
3. He Causes or allows the escape of such detained person; him;
4. The escape is caused by his Deliberate act, misconduct, or inexcusable 3. Prisoner or person under arrest Escapes;
negligence. 4. Offender Consents to the escape of the prisoner or person under arrest or that
the escape takes place thru his Negligence.
Penalty:
Penalty: Next lower in degree than that prescribed for the Public Officer.
 51

they contained, already constitutes infidelity on the part of the post office
 Art. 225 is not applicable if a private person was the one who made the arrest official.
and he consented to the escape of the person he arrested.
Acts punishable in infidelity in the custody of documents: RDC
Crimes under Infidelity in the Custody of Documents: 1. Removing – (a) tampering with it; (b) profit by it; or (c) commit an act
1. Removal, Concealment, or Destruction of documents constituting a breach of trust in the official care thereof.
2. Officer breaking seal 2. Destroying; or
3. Opening of closed documents 3. Concealing, documents or papers officially entrusted to the offending public
officer.
REMOVAL, CONCEALMENT or DESTRUCTION OF DOCUMENTS
Elements: PRSD  The act of removal, as a mode of committing the offense, should be coupled
1. Offender is a Public officer; with criminal intent or illicit purpose.
2. He Removes, destroys or conceals documents or papers;  Infidelity in the custody of document by destroying or concealing it DOES
3. Said documents or papers Should have been entrusted to such public officer NOT REQUIRE PROOF of illicit purpose. In destroying or concealing them,
by reason of his office; the offender could not have a good motive.
4. Damage, whether serious or not, to a third party or to the public interest  Damage in this article may consist in:
should have been caused. a. Mere alarm to the public; or
b. Alienation of its confidence in any branch of the government service.
Penalty:
1. Prision mayor AND fine not exceeding P200,000 – whenever serious OFFICER BREAKING SEAL
damage is caused to a third party or to the public interest. Elements: PCS-B
2. Prision correccional in its minimum period AND fine not exceeding 1. Offender is a Public officer;
P200,000 – if not serious damage is caused to third party or to the public 2. Charged with the custody of papers or property;
interest. 3. These papers or property are Sealed by proper authority;
 In either case, the additional penalty of temporary special 4. He Breaks the seals or permits them to be broken.
disqualification in its maximum period to perpetual disqualification
shall be imposed. Penalty: Prision correccional in its minimum and medium periods, temporary
special disqualification AND fine not exceeding P400,000.
 Only public officers who have been officially entrusted with documents
or papers can be held liable under Art. 226.  It is the breaking of seals, not the opening of a closed envelope, which is
 Thus, the stenographer who removes or destroys the record of a case kept by punished under this article.
the clerk of court is not guilty of a violation under Art. 226, because the  The opening of public papers by breaking seals should be done only by the
stenographer is not officially entrusted with the record. proper authority. Hence, the public officer liable under this article must be
 The public officer who is officially entrusted with the record is the clerk of the one who breaks the seals without authority to do so.
court.  Damage or intent to cause damage is not necessary.
 The document must be complete and one by which a right could be
established or an obligation could be extinguished. OPENING OF CLOSED DOCUMENTS
 Papers – includes checks, promissory notes, and paper money. Elements: P-COD
1. Offender is a Public officer;
 The simple act of retaining the mail without forwarding the letters to 2. Any Closed papers, documents, or objects are entrusted to his custody;
their destination, even though without opening them or taking the moneys 3. He Opens or permits to be opened said closed papers, documents or objects;
4. He Does not have proper authority.
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2. Prision correccional in its minimum period, temporary special

Penalty: Arresto mayor, temporary special disqualification AND fine not disqualification AND fine not exceeding P100,000 – if not serious
exceeding P400,000. damage is caused to public interest.

 The closed documents must be entrusted to the custody of the accused by Revelation of Secrets by a Public Infidelity in the Custody of
reason of his office. Officer Documents
 The act should not fall under Art. 227; otherwise, the latter provision applies. If the papers contain secrets and If the papers do not contain secrets, this
 Damage or intent to cause damage is not an element of the offense. therefore should not be published, and is the crime.
the public officer having charge thereof
Crimes under Revelation of Secrets by Public Officers: removes and delivers them wrongfully to
a third person, this is the crime.
1. Revelation of secrets by an officer
2. Public officer revealing secrets of private individual
 Damage is an element of the offenses defined in Art. 229.
 Example: Public officers who published instructions received by them for the
REVELATION OF SECRETS BY AN OFFICER
arrest of the culprit, thereby enabling him to escape and resulting in the
Acts Punishable: RD
failure of the law and authority.
1. Revealing any secrets known to the offending public officer by reason of his
official capacity;
PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL
2. Delivering wrongful papers or copies of papers of (a) which he may have
Elements: PKR
charge and (b) which should not be published.
1. Offender is a Public officer;
2. He Knows of the secrets of a private individual by reason of his office;
Elements of Number One: PKRD
3. He Reveals such secrets without authority or justifiable reason.
1. Offender is a Public officer;
2. He Knows of a secret by reason of his official capacity;
Penalty: Arresto mayor AND fine not exceeding P200,000.
3. He Reveals such secret without authority or justifiable reason;
4. Damage, great or small, be caused to the public interest.
 Public revelation is not required.
 If the offender is an attorney-at-law or a solicitor and he reveals the
 If the secret revealed does not affect public interest, the revelation would
constitute no crime at all. secrets of his client learned by him in his professional capacity, he is not liable
under this article, but under Art. 209.
 Secrets of private individuals not included.
 Damage to private individuals not necessary.
Elements of Number Two: PCS-DWD
1. Offender is a Public officer;
2. He has Charge of papers; OPEN DISOBEDIENCE
3. Those papers Should not be published; Elements: JJ-MO
4. He Delivers those papers or copies thereof to a third person; 1. Offender is a Judicial or executive officer;
5. There is Wrongful delivery; 2. There is a Judgment, decision or order of a superior authority;
6. Damage caused to public interest. 3. Such judgment, decision or order was Made within the scope of the
jurisdiction of the superior authority and issued with all legal formalities;
Penalties under this Article: 4. Offender Openly refuses, without legal justification, to execute the said
1. Prision correccional in its medium and maximum periods, perpetual judgment, decision or order, which he is duty bound to obey.
special disqualification AND fine not exceeding P400,000 – if
revelation of secrets caused or delivery of papers caused serious damage to Penalty: Arresto mayor in its medium period to Prision correccional in its
public interest. miminum period, Temporary special disqualification in its maximum period,
AND fine not exceeding P200,000.
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 There must be DAMAGE to the public interest or to a third party, great or

 Example: Mandamus by Supreme Court ordering lower court to receive small.
certain evidence. If the lower court openly refuses to obey said judicial order,
there is a violation of Art. 231. REFUSAL TO DISCHARGE PUBLIC OFFICE
Elements: ERN
DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER, WHEN SAID ORDER WAS 1. Offender is Elected by popular election to a public office;
SUSPENDED BY INFERIOR OFFICER 2. He Refuses to be sworn in or to discharge the duties of said office;
Elements: POSS-D 3. There is No legal motive for such refusal to be sworn in or to discharge the
1. Offender is a Public officer; duties of said office.
2. An Order is issued by his superior for execution;
3. He has Suspended the execution of such order; Penalty: Arresto mayor OR fine not exceeding P200,000, or BOTH.
4. His Superior disapproves the suspension of the execution of the order;
5. Offender Disobeys his superior despite the disapproval of the suspension.  Art. 234 not applicable to appointive officer.

Penalty: Prision correcccional in its minimum and medium periods and MALTREATMENT OF PRISONERS
perpetual special disqualification. Elements: PUMM
1. Offender is a Public officer or employee;
 But if the order of the superior is illegal, the subordinate has a legal right to 2. He has Under his charge a prisoner or detention prisoner;
refuse to execute such order, for under the law, obedience to an order which 3. He Maltreats such prisoner in either of the following manner: OM
is illegal is not justified, and the subordinate who obeys such order may be a. By Overdoing himself in the correction or handling of a prisoner or
held criminally liable. detention prisoner under his charge either –
(1) By the imposition of punishments not authorized by the regulations;
REFUSAL OF ASSISTANCE or
Elements: PCM (2) By inflicting such punishments (authorized)in a cruel and
1. Offender is a Public officer; humiliating manner; or
2. A Competent authority demands from the offender that he lend his b. By Maltreating such prisoner:
cooperation towards the administration of justice or other public service; (1) to extort a confession; or
3. Offender Maliciously fails to do so. (2) to obtain some information from the prisoner.

Penalty:
1. Arresto mayor in its medium period to Prision Correccional in its Penalty:
minimum period, Perpetual Special Disqualification AND Fine not 1. 3a – Prision correccional in its medium period to Prision mayor in its minimum
exceeding P200,000 – if failure shall result in serious damage to the public period, in addition to his liability for the physical injuries or damage caused.
interest or to a third party. 2. 3b – Prision mauor in its minimum period, Temporary special disqualification,
2. Arresto mayor in its medium and maximum periods AND Fine not AND fine not exceeding P100,000, in addition to his liability for the physical
exceeding P100,000 – if failure results in non-serious damage to public injuries or damage caused.
interest or third party.
 The public officer must have ACTUAL CHARGE of the prisoner, not one
 Example: a chief of police who flatly and insolently refuses to serve summons which is so merely by legal fiction, to hold him liable for maltreatment of
of a provincial fiscal after having been duly requested to do so by the latter prisoners.
official, is guilty of a violation of Art. 234.
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 People v. Baring – A person was suspected of having committed a crime and 3. His resignation has Not yet been accepted;
taken to a cemetery and maltreated there by the policemen. Since he is not 4. He Abandons his office to the detriment of the public service.
yet booked in the office of the police and placed in jail for a moment, he is not
a detention prisoner and, therefore, the policemen may be guilty only of Penalty: Arresto mayor
physical injuries.
When is the offense QUALIFIED?
 People v. Javier – The maltreatment must relate to the correction or If the abandonment of the office has for its purpose to evade the discharge of his
handling of the prisoner, or must be for the purpose of extorting a confession duties of Preventing, Prosecuting or Punishing any of the crimes falling within
or obtaining some information from the prisoner. Thus, if the jailer inflicted (1) Title One, and (2) Chapter One of Title Three of Book Two of this Code.
physical injuries on the prisoner because of personal grudge against the
latter, the jailer is liable for physical injuries only. Penalty: Prision Correccional in its minimum and medium periods.

 In view of this provision, there is no complex crime of maltreatment of If the purpose of the abandonment is to evade the duty to of preventing,
prisoners with serious or less serious physical injuries, as defined in prosecuting, or punishing any OTHER CRIME, the penalty is Arresto Mayor.
Art. 48.
Abandonment of Office Negligence and Tolerance in
ANTICIPATION OF DUTIES OF A PUBLIC OFFICE Prosecution of Offenses
Elements: E-LAN Committed by any public officer. Committed only by public officers who
1. Offender is Entitled to hold a public office or employment, either by election or have the duty to institute prosecution for
appointment; the punishment of violations of law.
2. The Law requires that he should first be sworn in and/or should first give a The public officer abandons his office to The public officer does not abandon his
bond; evade the discharge of his duty. office but he fails to prosecute an
offense by dereliction of duty or by
3. He Assumes the performance of the duties and powers of such office;
malicious tolerance of the commission of
4. He has Not taken his oath of office and/or given the bond required by law.
offenses.

Penalty: Suspension from such office or employment until he shall have

USURPATION OF LEGISLATIVE POWERS
complied with the respective formalities AND fine from P40,000 to P100,000.
Elements: EMAS
1. Offender is an Executive or judicial officer;
PROLONGING PERFORMANCE OF DUTIES AND POWERS
2. He (a) Makes general rules or regulations beyond the scope of his authority,
Elements: HPC
or (b) Attempts to repeal a law, or (c) Suspends the execution thereof.
1. Offender is Holding a public office;
2. The Period provided by law, regulations or special provisions for holding such
Penalty: Prision correccional in its minimum period, Temporary special
office, has already expired;
disqualification, AND fine not exceeding P200,000.
3. He Continues to exercise the duties and powers of such office.
USURPATION OF EXECUTIVE FUNCTIONS
Penalty: Prision Correccional in its minimum period, Special temporary
Elements: JAO
disqualification in its minimum period AND fine not exceeding P100,000.
1. Offender is a Judge;
2. He (a) Assumes a power pertaining to the executive authorities; or (b)
ABANDONMENT OF OFFICE OR POSITION
Obstructs the executive authorities in the lawful exercise of their powers.
Elements: PF-NA
1. Offender is a Public officer;
Penalty: Arresto mayor in its medium period to Prision correccional in its
2. He Formally resigns from his position;
minimum period.
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3. The order or suggestion Relates to any case or business coming within the
 Only a judge can commit usurpation of executive functions. Legislative exclusive jurisdiction of the courts of justice.
officers are not liable under Art. 240.
Penalty: Arresto mayor AND fine not exceeding P100,000.
USURPATION OF JUDICIAL FUNCTIONS
Elements: O-AO  Reason: The judicial branch is intended to be free and secure from executive
1. Offender is an Officer of the executive branch of the Government; dictations.
2. He (1) Assumes judicial powers, or (2) Obstructs the execution of any order  Legislative or judicial officers are not liable under Art. 243.
or decision rendered by any judge within his jurisdiction.
UNLAWFUL APPOINTMENTS
Penalty: Arresto mayor in its medium period to Prision correccional in its Elements: PN-LK
minimum period. 1. Offender is a Public officer;
2. He Nominates or appoints a person to a public office;
 Art. 239 to 241 punish interference by officers of one of the 3 departments 3. Such person Lacks the legal qualifications therefor;
of the government with the functions of officers of another department. 4. Offender Knows that his nominee or appointee lacks the qualifications at the
time he made the nomination or appointment.
DISOBEYING REQUEST FOR DISQUALIFICATION
Elements: PP-QLC Penalty: Arresto mayor AND fine not exceeding P200,000.
1. Offender is a Public officer;
2. A Proceeding is pending before such public officer;  Nominate is different from recommend. Recommending, knowing that the
3. There is a Question brought before the public authority regarding his recommendee has no qualification, is not a crime.
jurisdiction, which is not yet decided;  There must be a law providing for the qualifications of a person to be
4. He has been Lawfully required to refrain from continuing the proceeding; nominated or appointed to a public office.
5. He Continues the proceeding.
ABUSES AGAINST CHASTITY
Penalty: Arresto mayor AND fine not exceeding P100,000. Ways of Committing:
1. Soliciting or making immoral or indecent advances to a woman interested in
 Example: The Mayor of Manila suspended a market administrator for alleged matters pending before the offending officer for decision, or with respect to
irregularity. Then he caused an administrative investigation of the market which he is required to submit a report to or consult with a superior officer.
administrator. The latter filed a petition for prohibition in the RTC which issued Penalty: Prision correccional in its medium and maximum periods
a preliminary writ of injunction pending the resolution of the question of and Temporary special disqualification
jurisdiction raised by the petitioner. But the Mayor continued the investigation. 2. Soliciting or making immoral or indecent advances to a woman under the
In this case, the Mayor may be held liable under art. 242. offender’s custody.
The disobedient public officer is liable, even if the jurisdictional question in Penalty: Prision correccional in its medium and maximum periods
resolved by the proper authority in his favor. and Temporary special disqualification

ORDERS OR REQUESTS BY EXECUTIVE OFFICERS TO ANY JUDICIAL 3. Soliciting or making immoral or indecent advances to the wife, daughter, sister
AUTHORITY or relative within the same degree by affinity of any person in the custody of
Elements: EAR the offending warden or officer.
1. Offender is an Executive officer; Penalty: Prision correccional in its minimum and medium periods and
2. He Addresses any order or suggestion to any judicial authority; Temporary special disqualification
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Elements: PSW
1. Offender is a Public officer;  Relationship must be alleged.
2. He Solicits or makes immoral or indecent advances to a woman; People v. Jumawan – Wife of victim cannot be convicted of parricide if
3. Such Woman must be – iuw charged only with murder. However, relationship must be considered
a. Interested in matters pending before the offender for decision, or with aggravating even if not alleged in the information.
respect to which he is required to submit a report to or consult with a
superior officer; or  Parricide thru Reckless Imprudence – example: The husband, who,
b. Under the custody of the offender who is a warden or other public officer while struggling for the possession of the gun with his children, without intent
directly charged with care and custody of prisoners or persons under to kill anyone, pulled the trigger of the gun which exploded and hit his wife
arrest; or who was approaching them, is guilty of parricide thru reckless imprudence.
c. The Wife, daughter, sister or relative within the same degree by affinity (Punished by arresto mayor in its maximum period to prision
of the person in the custody of the offender. correccional in its medium period.)
(If committed thru simple imprudence or negligence, the penalty is arresto
 The mother of the person in the custody of the offender is not included. mayor in its medium and maximum periods.)
 The crime of abuses against chastity is consummated by mere
PROPOSAL.  Parricide by mistake – If a person wanted to kill a stranger but, by mistake,
killed his own father, will it be parricide? YES. Art. 49 applies as regards the
CRIMES AGAINST PERSONS proper penalty to be imposed.
PARRICIDE - If a person killed another, not knowing that the latter was his son, will he be
Elements: KAF guilty of parricide? YES. The law does not require knowledge of the
1. A person is Killed; relationship between them.
2. The Accused killed the deceased;
3. The deceased is the Father, mother, or child, whether legitimate or  A stranger who cooperates and takes part in the commission of the crime of
illegitimate, or a legitimate other ascendant or other descendant, or the parricide, is not guilty of parricide but only homicide or murder, as the case
legitimate spouse, of the accused. may be. (Go to Art. 62, Par. 3

Penalty: Reclusion perpetua to Death DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES
Requisites for the Application of Art. 247:
 Relationship of the offender with the victim is the essential element of 1. ANY legally married person or a parent SURPRISES his spouse or his
this crime. daughter, the latter (a) under 18 years of age and (b) living with him/her, in
the act of committing sexual intercourse with another person.
May be Legitimate or Illegitimate Must be Legitimate 2. He or she kills ANY or BOTH, of them or inflicts upon ANY or BOTH of
1. Father 1. Other ascendants them any serious physical injury (a) in the act or (b) immediately
2. Mother 2. Other descendants thereafter.
3. Child 3. He or she has not (a) promoted or facilitated the prostitution of his wife or
daughter, or (b) consented to the infidelity of the other spouse.
 Only relatives by blood may be legitimate or illegitimate. Therefore, an
adoptive father or adopted son, or father-in-law or son-in-law is not included Penalty:
in this provision for parricide. 1. Destierro – if death or serious physical injury is inflicted.
 The SPOUSE must be LEGITIMATE. The best proof of the relationship 2. Exempt from punishment – if slight or less serious physical injury is
between the accused and the deceased is the marriage certificate. inflicted. (Absolutory cause)
If, however, the oral evidence presented to prove the fact of marriage is not
objected to, the said evidence may be considered by the court.
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 The accused must be a legally married person. Hence, a man who surprised the shooting must be understood to be the continuation of the pursuit of the
his common-law wife in the act of sexual intercourse with another man and victim by the accused-appellant.
killed her or both of them in the act, is not entitled to the benefits of Art. 247. The RPC, in requiring that the accused “shall kill any of them or both of them
 The WIFE is entitled to the benefits of Art. 247. x x x immediately” after surprising his spouse in the act of intercourse, does
not say that he should commit the killing instantly thereafter.
 Must the parent be legitimate? This article does not seem to require it. It It only requires that the death caused be the PROXIMATE RESULT of
requires only: (1) that the daughter be under 18 years old; and (2) that she the outrage overwhelming the accused after chancing upon the
is living with her parents. spouse in the basest act of infidelity. But the killing should have been
actually motivated by the same blind impulse, and must not have been
 This article applies only when the DAUGHTER is SINGLE because while influenced by external factors. The killing must be the direct by-product
under 18 years old and single, she is under parental authority. If she is of the accused’s rage.
married, her husband alone can claim the benefits of Art. 247.
Note: The legal age to marry in the Philippines is 18 years old. A person under  If the wife was not committing adultery, as she was not voluntarily having
18 years of age is not capacitated to enter the contract of marriage. sexual intercourse with the man, this Article does not apply.

 The person claiming the benefits of this article must SURPRISE (to come up In what cases is a person who committed PARRICIDE not to be punished
suddenly and unexpectedly) his spouse or daughter under 18 years old and with RECLUSION PERPETUA to DEATH?
living with him IN THE ACT OF COMMITTING SEXUAL INTERCOURSE 1. Parricide committed thru negligence
with another person. 2. Parricide committed by mistake
3. When it is committed under exceptional circumstances
 Art 247 is not applicable when the accused did not see his spouse IN
THE ACT of sexual intercourse with another person. But it is enough that MURDER
the circumstances show reasonably that the carnal act is being committed or It is the unlawful killing of any person which is not parricide or infanticide,
has just been committed. provided that any of the following circumstances is present: TCI-OEC
Example: US v. ALANO – If the offended husband had seen the supposed 1. With Treachery, taking advantage of superior strength, with the aid of armed
adulterer on top of his wife, there would be sufficient ground to justify him, men, or employing means to weaken the defense, or of means or persons to
although he had not seen the copulation with his own eyes. insure or afford impunity tteam;
US v. FELICIANO – If the husband surprises his wife with another in scant 2. In Consideration of a price, reward or promise prp;
apparel in a hotel room and hills her, there would also be sufficient ground to 3. By means of Inundation, fire, poison, explosion, shipwreck, stranding of a
justify him. vessel, derailment or assault upon a railroad, fall of an airship, by means of
motor vehicles, or with the use of any other means involving great waste and
 When a person surprised his spouse or young daughter while having sexual ruin ifp-ssd-fmu;
intercourse with another person, it is necessary, for the application of Art. 247, 4. On Occasion of any of the calamities enumerated in the preceding paragraph,
that he killed or inflicted serious physical injuries on any or both of them, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or
either (1) while they were in the act of sexual intercourse or, if not any other public calamity eedeo;
because they were able to run away, (2) immediately after surprising 5. With Evident premeditation;
them in the act of sexual intercourse. 6. With Cruelty, by deliberately and inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person or corpse.
 PEOPLE v. ABARCA – though quite a length of time, about an hour, had
passed between the time the accused-appellant discovered his wife having Elements of MURDER: KAAN
sexual intercourse with the victim and the time the latter was actually shot, 1. A person was Killed;
2. Accused killed him;
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3. Killing was Attended by any of the qualifying circumstances mentioned in Art.

248;  Employing means or persons to insure or afford impunity – When
4. Killing is Not parricide or infanticide. means or persons are employed by the accused who killed the deceased to
prevent his being recognized, or to secure himself against detection and
Penalty: Reclusion perpetua to Death punishment, he may be held liable for murder.

 In murder, the victim must be killed to consummate the crime. If the victim is  In consideration of a price, reward or promise – the person who
not killed, it is either attempted or frustrated murder. received the price or reward or who accepted a promise of price or reward
 The offender must have INTENT TO KILL to be liable for murder committed would not have killed the victim were it not for that price, reward or promise.
by means of fire, or other means enumerated in Par. 3 of Art. 248. Such person is a principal by direct participation.
 But killing a person with treachery is murder, even if there is no intent to
kill, because of the voluntary presence of the qualifying circumstance The one who have the price or reward or who made the promise is a principal
of treachery. This ruling may be applicable to all other circumstances in by induction.
Pars. 1, 2, 4, 5, and 6 of Art. 248.
When this circumstance is alleged in the information for murder and proved by
 Rules for the application of the circumstances which qualify the the prosecution, both are guilty of murder.
killing to murder:
1. Murder will exist with only one of the circumstances described in Art. 248.  By means of fire, poison, explosion, etc. – it is intended that there should
2. When other circumstances are absorbed or included in one qualifying be an ACTUAL DESIGN TO KILL and that use of fire be PURPOSELY
circumstance, they cannot be considered as generic aggravating. ADOPTED as a MEANS to that end.
3. Any of the qualifying circumstances enumerated in Art. 248 must be
alleged in the information.  Treachery and evident premeditation are inherent in murder by poison
and, as such, they cannot be considered as aggravating.
 Treachery –
- The killing of the victim is qualified with treachery, when the shooting was  PEOPLE v. GALURA – it is not correct to say that the use of poison is
SUDDEN and UNEXPECTED, and the victim was not in a position to inherent in murder. It becomes inherent only when the offender has the
defend himself. intent to kill the victim and he uses poison as a means to kill him. Note
- To constitute treachery, the means, methods or forms of attack must be the phrase “by means of poison” in Art. 248 and the phrase “with treachery” in
CONSCIOUSLY ADOPTED by the offender. the same article. The words “by means” presuppose an objective to bring
about a result.
 The killing of a child of tender years is murder. On the other hand, in murder qualified by treachery, it is required only that
there is treachery in the attack, and this is true even if the offender has no
 Taking advantage of superior strength – to qualify the killing, superior intent to kill the person assaulted.
strength must be taken advantage of.  On occasion of inundation, shipwreck, etc., of an earthquake,
eruption of a volcano, epidemic, or any other public calamity – killing
 With the aid of armed men – the armed men must take part in the a person on the occasion of inundation, shipwreck, eruption of a volcano, etc.,
commission of the crime directly or indirectly and the accused must have when taken advantage by the offender, qualifies the crime to murder.
availed himself of their aid or rely upon them when the crime is committed.
 Evident premeditation – it qualifies the killing of a person to murder, when
 Employing means to weaken the defense – example: a person who the prosecution proves: TAS
suddenly throws a cloak over the head of his opponent and while in this 1. The Time when the offender determined to kill his victim;
situation he kills him.
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2. The Act manifestly indicating that he clung to his determination to kill the
victim;  Intent to kill is shown by the (1) kind of weapon used by the offender and (2)
3. The Sufficient lapse o time between the determination and execution of the parts of the victim’s body at which the weapon was aimed.
the killing. Exception: People v. Penesa – Accused, who went to her wife to persuade
her to live with him again, was provoked by the wife’s cousin and caused him
 Cruelty – other injuries or wounds are inflicted deliberately by the offender, to assault such cousin with a bolo. Injuries were caused indiscriminately and
which are not necessary for the killing of the victim. The victim must be alive not deliberately. The court held that the purpose of the accused in going to
when the other injuries or wounds are inflicted. But there is no cruelty, when the house, and not the kind of weapon he carried nor the parts of the bodies
the offender in inflicting several other wounds on the victim has only a decided of the victims on which the wounds were inflicted, is indicative and
purpose to kill him. determinative of his intention. He was held liable for physical injuries.

 Outraging or scoffing at the person or corpse of the victim – means to  In the absence of clear proof of any circumstance that would qualify as
jeer, and implies a showing of irreverence. murder the killing of the deceased, the guilty person should be sentenced only
Examples: for homicide.
1. Mere decapitation of the victims head.
2. Act of having anal intercourse with the woman after killing her.  There is no frustrated homicide thru reckless imprudence. It should be
physical injuries thru reckless imprudence. The element if intent to kill in
HOMICIDE frustrated homicide is incompatible with negligence or imprudence. Intent in
- It is the unlawful killing of any person, which is neither parricide, murder, nor felonies by means of dolo is replaced with lack of foresight or skill in felonies
infanticide. by culpa.

Elements: KAIN  PEOPLE v. BOOL – When it is clearly established by the evidence that the
1. Person was Killed; deceased died as a result of several wounds inflicted upon him by 2 different
2. Accused killed him without any justifying circumstance; persons, and it has not been shown which wounds were inflicted by one and
3. Accused had the Intention to kill, which is presumed; which by the other, both are liable for the death of said deceased and each of
4. The killing was Not attended by any of the qualifying circumstances of them is guilty of homicide.
murder, or by that of parricide or infanticide. Exception: When there is CONSPIRACY, it is not necessary to apply this
ruling, because, in such case, the act of one is the act of all.
Penalty: Reclusion Temporal
- When the victim is under 12 years of age, the penalty for homicide shall be  Use of unlicensed firearm is an aggravating circumstance in homicide or
Reclusion Perpetua. murder. Separate prosecutions for homicide and illegal possession are no
longer in order.
 Intent to kill is CONCLUSIVELY PRESUMED when DEATH RESULTED.
When death resulted, even if there is no intent to kill, the crime is homicide,  Corpus delicti means that a crime was actually committed, and does not
not merely physical injuries, because with respect to crimes of personal refer to the body of the murdered person.
violence, the penal law looks particularly to the material results following the  In all crimes against persons in which the death of the victim is an element of
unlawful act and holds the aggressor responsible for all the consequences the offense, there must be satisfactory evidence of (1) the fact of death and
thereof. (2) the identity of the victim.

 Evidence of intent to kill is important only in attempted or frustrated PENALTY FOR FRUSTRATED PARRICIDE, MURDER, or HOMICIDE
homicide. If there is no intent to kill on the part of the offender, he is liable for  Frustrated parricide, murder, or homicide – the court may impose a
physical injuries. penalty lower than that imposed under Art. 50.
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- Art. 50 provides that the penalty next lower in degree than that prescribed by
law for the consummated felony shall be imposed upon the principal in a  FREE-FOR-ALL fight.
frustrated felony.  Tumultuous affray exists when at least 4 persons took part.
- Hence, the court can impose a penalty two degrees lower, in view of the
facts of the case.  PEOPLE v. CORPUS – there is no crime of death in a tumultuous affray if the
- This is PERMISSIVE, not mandatory. quarrel is between 2 identified groups of men who assaulted each other.
Exception: If there was no unity of purpose and intention among the
 Attempted parricide, murder, or homicide – The court may reduce by persons who used violence in attacking the injured person, although the
one degree the penalty imposed under Art. 51. persons seem to form 2 groups, death under tumultuous affray may be
- Art. 51 provides that the penalty lower by two degrees than that prescribed appreciated, if there was confusion and it did not appear who inflicted the
by law for the consummated felony should be imposed upon the principals in wounds.
an attempt to commit the felony.
- The court can, therefore, impose a penalty three degrees lower in view of  The person killed in the course of the affray need not be one of the
the facts of the case. participants in the affray.
 If one who inflicted the fatal wound is KNOWN, the crime is not homicide
 An attempt on, or a conspiracy against, the life of the Chief Executive, in tumultuous affray. It is a case of Homicide under Art. 249 against the
or that of any member of his family, or against the life of any member of his one who inflicted the fatal wound.
cabinet or that of any member of the latter’s family, shall suffer the penalty of  If the participant in the affray who inflicted serious physical injuries is known,
death. he alone is liable for death caused in a tumultuous affray.
 Those who used violence only, without inflicting serious physical injuries, may
DEATH CAUSED IN A TUMULTUOUS AFFRAY be held liable for the act or acts actually performed by them.
Elements: SDQ-KCP
1. There be Several persons; PHYSICAL INJURIES INFLICTED IN A TUMULTUOS AFFRAY
2. They Did not compose groups organized for the common purpose of Elements: TP-PA
assaulting and attacking each other reciprocally; 1. There is a Tumultuous affray as referred to in the preceding article;
3. These several persons Quarreled and assaulted one another in a confused and 2. A Participant or some participants thereof suffer serious physical injuries or
tumultuous manner; physical injuries of a less serious nature only;
4. Someone was Killed in the course of the affray; 3. The Person responsible therefor cannot be identified;
5. It Cannot be ascertained who actually killed the deceased; 4. All of those who appear to have used violence upon the person of the
6. The Person or persons (a) who inflicted serious physical injuries or (b) who offended party are known.
used violence can be identified.
Penalty:
1. If serious physical injuries are inflicted – penalty next lower in degree
than that provided for the physical injuries so inflicted.
2. If less serious physical injuries are inflicted – arresto mayor from 5 to 15
Penalties/Who are liable? days.
1. If it cannot be ascertained who actually killed the deceased, but the person or 3. If slight physical injuries are inflicted – no penalty.
persons who inflicted serious physical injuries can be identified – Prision
mayor (Art. 251, par.1)  Unlike the victim in Art. 251, the injured party in the crime of physical
2. If it cannot be determined who inflicted serious physical injuries on the injuries inflicted in a tumultuous affray must be one or some of the
deceased, but the persons who used violence upon the person of the victim participants in the affray.
can be identified – Prision correccional (Art. 251, par.2)
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 If the one who caused the physical injuries is KNOWN, he will be liable for
the physical injuries actually committed (Arts. 263, 265 and 266), and not Penalty: Prision correccional in its minimum and medium periods
under this article.
 If the firearm is not discharged at a person, there is no crime of discharge of
GIVING ASSISTANCE TO SUICIDE firearm.
Acts punishable: AL  Discharge towards the house of the victim is not illegal discharge of
1. Assisting another to commit suicide, whether the suicide is consummated or firearm. It is essential for the prosecution to prove in a positive way that the
not. discharge of the firearm was directed precisely against the offended party.
2. Lending his assistance to another to commit suicide to the extent of doing the Firing a gun against the house of the offended party at random, not knowing
killing himself. in what part of the house the people inside were, is only ALARM under Art.
155.
Penalty:
1. First act –  In discharge of firearm under Art. 254, the purpose of the offender is
a. If consummated – Prision mayor only to intimidate or to frighten the offended party. There must be no
b. If not consummated – Arresto mayor intention to kill. If there is, the felony should be classified as frustrated or
attempted parricide, murder, or homicide, and not merely illegal discharge of
2. Second act – firearm.
a. If consummated – Reclusion temporal
b. If frustrated – one degree lower  If in the illegal discharge of firearm the offended party is hit and wounded,
c. If attempted – two degrees lower there is a complex crime of discharge of firearm with physical injuries
when the physical injuries are serious or less serious.
 A person who attempts to commit suicide is not criminally liable, because When only slight physical injuries are inflicted, there is no complex crime,
society has always considered a person who attempts to kill himself as an because such physical injuries constitute a light felony.
unfortunate being, a wretched person more deserving of pity rather than of
penalty. INFANTICIDE infanthreecide
 Since attempting to commit suicide is not an unlawful act within the meaning - It is the killing of any child less than 3 days of age, whether the killer is the
of Art. 253, the pregnant woman who suffers an abortion due to the poison parent or grandparent, any other relative of the child, or a stranger.
she took to commit suicide should not be held liable for the abortion that
resulted. Elements:
1. A Child was killed;
 Euthanasia – the practice of painlessly putting to death a person suffering 2. The deceased child was Less than 3 days of age.
from some incurable disease. 3. The Accused killed the said child.
- It is not lending assistance to suicide. In euthanasia, the person killed does
not want to die. A doctor who resorts to mercy-killing of his patient may be Penalty:
liable for murder. 1. If committed by the mother of the child for the purpose of concealing her
dishonor – prision mayor in its medium and maximum periods
2. If committed by the maternal grandparents or either of them for the same
purpose – reclusion temporal
DISCHARGE OF FIREARMS 3. If committed by persons other than those mentioned above – reclusion
Elements: DN perpetua to death
1. Discharge by the offender of his firearm against or at another person;
2. Offender has No intention to kill that person.
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 If the father or mother or legitimate grandparent, not for the purpose of If the fetus SURVIVES If the fetus DIES
concealing the dishonor of the mother, kills the child less than 3 days old, the and abortion is INTENDED – the and abortion is INTENDED – the
penalty is that corresponding to parricide. crime is frustrated intentional abortion crime is intentional abortion.
 Other persons who kills a child less than 3 days of age, to suffer the penalty when all the acts of execution have been
for murder. performed by offender.
 Only the (1) mother and (2) maternal grandparents of the child, are entitled and abortion is NOT INTENDED – and abortion is NOT INTENDED –
to the mitigating circumstance of concealing the dishonor. the crime may only be physical injuries. the crime may be unintentional abortion,
if the offender employed violence.
 The delinquent mother who claims concealing dishonor must be of good
 Under the RPC, abortion ordinarily means the expulsion of the fetus before the
reputation. Thus, if she is a prostitute, she is not entitled to a lesser penalty
6th month or before the term of its viability, that is, capable of sustaining life.
because she has no honor to conceal.
But, as long as the fetus dies as a result of the violence used or the drug
administered by, the crime of abortion exists, even if the fetus is full term.
 A stranger cooperating with the mother or grandparent on the mother’s side
in killing a child less than 3 days old is guilty of infanticide, but the penalty is
 Persons liable:
that for murder.
a. Person who intentionally caused abortion – liable for intentional
abortion (Art. 256).
INTENTIONAL ABORTION
b. Pregnant woman – depends on whether she consented or not.
Abortion – willful killing of the fetus in the uterus, or the violent expulsion of the fetus
1. If she consented to the abortion caused on her – liable under
from the maternal womb which results in the death of the fetus.
Art. 258 (Abortion practiced by the woman herself).
2. If she has not consented – no liability.
3 ways of committing intentional abortion: UAA
1. Using any violence upon the person of the pregnant woman.
 Abortion v. Infanticide
Penalty: Reclusion temporal
People v. Detablan – A mother, who had aborted for taking “pociones
2. Acting, but without using violence, without the consent of the woman.
amargas,” buried near her house a living fetus. The expelled fetus had already
Penalty: Prision mayor
acquired a human form and about 6 months old. But it did not have its own
3. Acting, with consent of the pregnant woman.
life, independently of the mother. It could not subsist by itself, outside the
Penalty: Prision correccional
maternal womb. It did not unite all the conditions for legal viability. A fetus
under these conditions had necessarily to succumb a few moments after its
Elements: PVRI
expulsion from the maternal womb.
1. There is a Pregnant woman;
Held: Abortion, not infanticide, was committed. If the fetus (1) could sustain
2. Violence is exerted, or drugs or beverages administered, or that the accused
an independent life, after its separation from the maternal womb, and (2) it is
otherwise acts upon such pregnant woman;
killed, the crime is infanticide.
3. As a Result of the use of violence or drugs or beverages upon her, or any
other act of the accused, the fetus dies, either in the womb or after having
UNINTENTIONAL ABORTION
been expelled therefrom;
Elements: PVIR
4. Abortion is Intended.
1. There is a Pregnant woman;
2. Violence is used upon such pregnant woman without intending abortion;
 The fetus must die in consummated abortion.
3. Violence is Intentionally exerted;
4. As a Result of the violence the fetus dies, either in the womb or after having
been expelled therefrom.

Penalty: Prision correccional in its minimum and medium periods.

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 Unintentional abortion is committed only by violence, and such violence must 3. Abortion by any of the parents of the woman with the latter’s consent to
be intentionally exerted. conceal her dishonor – Prision correccioal in its medium and maximum
 If the pregnant woman suffers an abortion because of intimidation, the crime periods
committed is not unintentional abortion because there is no violence. The  The woman is liable under this article either:
offender is guilty of threats only. 1. When she shall practice abortion upon herself; or
 If the act of violence is not felonious, such as the act of self-defense, and 2. When she shall consent that any other person should do so.
there is no knowledge of the woman’s pregnancy, there is no liability.
 If there was no intention to cause abortion and no violence was  The other person who caused the abortion on her with her consent is liable
employed, there is no abortion of any kind. Art. 256 and 257 does not apply. under Art. 256 (intentional abortion).
 If the purpose of the parents of the woman was not to conceal her dishonor,
 People v. Jose – Unintentional abortion can also be committed thru the case does not fall under this article, but under Art. 256.
negligence. Jose is declared guilty of the crime of unintentional abortion thru  The liability of the pregnant woman is mitigated if the purpose is to conceal
reckless imprudence for having bumped a calesa which resulted a pregnant her dishonor.
woman to bump her abdomen against the wall of the calesa and eventually led  Mitigation does not apply to the parents even if the purpose is to conceal
to an abortion. dishonor. The penalty is the same as that for the woman who practiced
abortion upon herself without such purpose of concealing her dishonor.
 People v. Salufrania – Mere boxing of the stomach, taken together with
immediate strangling of the victim in a fight, is not sufficient proof to show an ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF
intent to cause an abortion. In fact, appellant must have merely intended to ABORTIVES
kill the victim but not necessarily to cause an abortion. Appellant should be Persons punished:
held guilty of the complex crime of parricide with unintentional abortion. 1. Physician
2. Midwife
 People v. Carnaso – for the crime of abortion, even unintentional, to be held 3. Pharmacist
committed, the accused must have known of the pregnancy.
As to the PHYSICIANS or MIDWIVES, the ELEMENTS are: PICT
ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS 1. There is a Pregnant woman who has suffered an abortion;
Elements: PIC 2. The abortion is Intended;
1. There is a Pregnant woman who has suffered an abortion; 3. The offender, who must be a physician or midwife, Causes, or assists in
2. The abortion is Intended; causing the abortion;
3. It is Caused by: pop 4. That said physician or midwife Takes advantage of his or her scientific
a. The pregnant woman herself; knowledge or skill.
b. Any other person, with her consent; or
c. Any of her parents, with her consent for the purpose of concealing her Penalty: Penalties provided for INTENTIONAL ABORTION shall be imposed in
dishonor. the maximum period.

Penalty:  Reason: Physicians or midwives who cause or assist in causing abortion are
1. Abortion committed by the woman upon herself or by any other person with more severely punished because they incur a heavier guilt in making use of
her consent – Prision correccional in its medium and maximum periods their knowledge for the destruction of human life, where it should be used
2. Abortion by the woman upon herself to conceal her dishonor – Prision only for its preservation.
correccional in its minimum and medium periods
As to the PHARMACISTS, the ELEMENTS are:
1. The offender is a Pharmacist;
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2. There is No proper prescription from a physician; But the penalty for slight physical injuries is ARRESTO MENOR. Which
3. Offender Dispenses any abortive. penalty should be imposed in case a person inflicted upon his adversary in a
duel slight physical injuries?
Penalty: Arresto mayor AND fine not exceeding P100,000. - It is believed that the 2nd paragraph of Art. 260 should apply and the penalty
for ARRESTO MENOR, not arresto mayor, should be imposed.
 It is not necessary that the pharmacist knows that the abortive would be - The 3rd paragraph of Art. 260 applies only when no physical injuries are
used to cause an abortion. What is punished is the dispensing of the abortive inflicted by either combatants on the other, in which case, both combatants
without the proper prescription from a physician. shall be punished by ARRESTO MAYOR.
 If he knew that the abortive would be used to cause an abortion and abortion
resulted from the use thereof, the pharmacist would be an accomplice in CHALLENGING TO A DUEL
the crime of abortion. Acts punished: CIS
 It is not even necessary that the abortive be actually used. 1. Challenging another to a duel.
2. Inciting another to give or accept a challenge to a duel.
RESPONSIBILITY OF PARTICIPANTS IN A DUEL 3. Scoffing at or decrying another publicly for having refused to accept a
Duel – formal or regular combat previously concerted between 2 parties in the challenge to fight a duel.
presence of 2 or more seconds of lawful age on each side, who make the selection of
arms and fix all the other conditions of the fight. Person liable:
1. Challenger
Acts punished: KIM 2. Instigator
1. Killing one’s adversary in a duel.
Penalty: Reclusion temporal Penalty: Prision correccional minimum.
2. Inflicting upon such adversary physical injuries.
Penalty: Depends on the nature of injury  A challenge to fight, without contemplating a duel, is NOT
3. Making a combat although no physical injuries have been inflicted. CHALLENGING TO A DUEL. The person making the challenge must have in
Penalty: Arresto mayor mind a formal combat to be concerted between him and the one challenged in
the presence of 2 or more seconds.
Who are punished?
1. Person who killed or inflicted physical injuries upon his adversary or both Physical Injuries
combatants in any other case, as principals.
2. Seconds, as accomplices. Crimes of Physical Injuries: M-SALS
1. Mutilation
 If death results, the penalty is reclusion temporal, the same as that for 2. Serious physical injuries
homicide. 3. Administering injurious substance or beverages
 The Code disregards the intent to kill in considering the penalty for duel when 4. Less serious physical injuries
only physical injuries are inflicted upon the adversary. (not frustrated or 5. Slight physical injuries and maltreatment
attempted homicide.)
MUTILATION
 If no physical injuries are inflicted in a duel, the penalty to be imposed upon - It is the lopping or the clipping off of some part of the body.
the combatants is arresto mayor. On the other hand, if a person inflicted
upon his adversary in a duel physical injuries only, he shall suffer the penalty 2 kinds of Mutilation:
provided therefor, according to their nature. 1. Intentionally mutilating another by depriving him, either totally or partially, of
some essential organ for reproduction.
Penalty: Reclusion temporal to Reclusion perpetua
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2. Intentionally making other mutilation, that is, by lopping or chipping off any  A person may be guilty of physical injuries by reckless imprudence, or by
part of the body of the offended party, other than the essential organ for simple imprudence or negligence under Art. 365 in relation to Art. 263,
reproduction, to deprive him of that part of his body. when due to lack of precaution he wounded another.
Penalty: Prision mayor medium and maximum What are serious physical injuries?
RA 7610 – when the victim is under 12 years of age, the penalty is 1. When the injured person becomes insane, imbecile, impotent or blind in
Reclusion perpetua consequence of the physical injuries inflicted (iii-b);
Penalty: Prision mayor
 US v. Bogel – The putting out of an eye does not fall under this definition. RA 7610 - When the victim is under 12 years of age – Reclusion perpetua
Thus, when a robber stabbed a woman in one eye, and as a result of the
wound thus inflicted she lost the use of the eye, there is no mutilation. 2. When the injured person:
a. Loses the use of speech or the power to hear or to smell, or loses an eye,
Elements of FIRST KIND of Mutilation: CC a hand, a foot, an arm, or a leg (shs-eh-fal); or
1. Castration, that is, mutilation of organs necessary for reproduction, such as b. Loses the use of any of such member; or
the penis or ovarium. c. Becomes incapacitated for the work in which he was theretofore
2. Caused purposely and deliberately, that is, to deprive the offended party of habitually engaged, in consequence of the physical injuries inflicted;
some essential organ for reproduction. Penalty: Prision correccional medium and maximum

 In order for the castration to exist, it is indispensable that the castration be 3. When the person injured: doui
made purposely. The law does not look only to the result but also to the a. Becomes deformed; or
intention of the act. b. Loses any other member of his body; or
 If no intent to castrate, it does not fall under this article. c. Loses the use thereof; or
 If the mutilation involves a part of the body, other than an organ for d. Becomes ill or incapacitated for the performance of the work in which he
reproduction, such as the cutting of the outer ear or arm of the offended was habitually engaged for more than 90 days, in consequence of the
party, with a DELIBERATE PURPOSE OF DEPRIVING HIM THAT PART physical injuries inflicted.
OF HIS BODY, it is other intentional mutilation, under the Art. 262, Penalty: Prision correccional minimum and medium
Par. 2.
4. When the injured person becomes ill or incapacitated for labor for more than
 If a mutilation is NOT CAUSED PURPOSELY AND DELIBERATELY so as to 30 days (but not more than 90 days), as a result of the physical injuries.
deprive the offended party of a particular part of his body, the case will be Penalty: Arresto mayor maximum to Prision correctional minimum
considered as physical injuries falling under Art. 263:
Par. 1 – offended party becoming impotent; or Qualified Serious Physical Injuries
Par. 2 – offended party losses hand, foot, arm or leg, as the case may be.  If the offense shall have been committed:
1. Against any of the persons enumerated in Art. 246 (Parricide); or
SERIOUS PHYSICAL INJURIES 2. With the attendance of any of the circumstances mentioned in Art. 248
How committed? By – WBA-A (Murder).
a. Wounding;
b. Beating;  Penalties:
c. Assaulting; or 1. Subdivision No. 1 – Reclusion temporal medium and maximum
d. Administering injurious substance (Art. 264). 2. Subdivision No. 2 – Prision correccional maximum to Prision mayor
minimum
3. Subdivision No. 3 – Prision correccional medium and maximum
4. Subdivision No. 4 – Prision correccional minimum and medium
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c. Conspicuous and visible.

- This shall not apply to a PARENT who shall inflict physical injuries upon  Loss of 3 incisors is a visible deformity, while the loss of one incisor does
his child by EXCESSIVE CHASTISEMENT. not constitute deformity.
 There must be no intent to kill. If there was intent to kill when the offender  Deformity of by loss of teeth refers to injury which cannot be repaired by the
inflicted any of the serious physical injuries described in this article, the crime action of nature. The fact that the offended party may have artificial teeth, if
would be frustrated or attempted murder, parricide or homicide, as the he has the necessary means and so desires, does not repair the injury,
case may be. although it may lessen the disfigurement. The case of a child or an old man is
an exception.
PHYSICAL INJURIES ATTEMPTED OR FRUSTRATED  A front tooth is a member of the body. Hence, the loss of a front tooth due
HOMICIDE to a fist blow is serious physical injury under Art. 263, par. 3.
In both crimes, the offender inflicts physical injuries. Attempted homicide may be  The loss of the outer ears will necessarily cause deformity (par. 3). If there
committed even if no physical injuries are inflicted. is loss of power to hear of both ears as a result of the loss of both outer
Offender has no intent to kill the Offender has intent to kill the ears, the crime should be punished under Art. 263, par. 2.
offended party. offended party.  Loss of index and middle fingers is either deformity or loss of a member,
not a principal one, of his body or use of the same.
Par. 1: Injured person becomes insane, imbecile, impotent blind  Loss of power to hear of right ear, not both ears, is only loss of use of other
 Impotence – inability to copulate; also used synonymously with sterility. part of the body (par. 3).
 The BLINDNESS must be of TWO EYES.  There is illness for a certain period of time, when the wound inflicted did not
 If only one eye, it falls under par. 2. heal within that period.
 Medical attendance is not important in physical injuries.
Par. 2: Injured person loses use of speech or power to hear or smell, or loses  “Work in which he was theretofore habitually engaged. ”In par. 2 and
an eye, hand, foot, arm, or leg, or loses use of any such member, or becomes 3, at least, the offended party must have an avocation or work at the time
incapacitated for work in which he was habitually engaged of the injury. WORK includes studies or preparation for a profession.
 Loss of power to HEAR must be of both ears. If there is loss of power to
hear of one ear only, it is under par. 3. Par. 4: Injured person becomes ill or incapacitated for labor for more than 30
 In order to sustain a conviction under this provision, the prosecution must days
prove by clear and conclusive evidence that the offended party actually  This does not refer to labor in which the offended party is engaged at the time
cannot make use of his hand and that such impairment is the serious physical injuries are inflicted. Hence, the incapacity is for ANY
PERMANENT. KIND OF LABOR.
 All those mentioned in par. 2 are principal members of the body.  Hospitalization for more than 30 days may mean either illness or
incapacity for labor for more than 30 days.
Par. 3: Injured person becomes deformed, or loses any other member of the  When the category of the offense of serious physical injuries depends on the
body, or the use therefor, or becomes ill or incapacitated for the performance period of illness or incapacity for labor, there must be evidence of the
of the work in which he was habitually engaged for more than 90 days length of that period; otherwise, the offense is only slight physical injuries.
 This covers any member which is not a principal member of the body.  There is no incapacity if the injured party could still engage in his work
 The fingers of the hand are not principal members. The loss of the use of 3 although less effectively than before.
fingers of a left hand is serious physical injuries under Par. 3. But if it is
alleged in the information and proved that the loss of the use of the 3 ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES
fingers also resulted in the loss of the use of the hand itself, it is serious Elements: IKTN
physical injuries under par. 2. 1. Offender Inflicted upon another any serious physical injury.
 Deformity – requires that it be: PPC 2. It was done by Knowingly administering to him any injurious substances or
a. Physical ugliness; beverages or by Taking advantage of his weakness of mind or credulity.
b. Permanent and definite abnormality; and
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3. He had No intent to kill. prevented from attending to his ordinary labor for a period of 29 days, the
physical injuries are denominated as less serious.
Penalty: That established by the next preceding article.  The crime is less serious physical injuries even if there was no
incapacity, but the medical treatment was for 13 days.
 It is frustrated murder when there is intent to kill, the injurious substance to  It is only slight physical injury when there is no medical attendance or
be considered as poison. incapacity for labor. This is true even if the injuries were cured, but
 If the accused did not know of the injurious nature of the substances he without medical assistance, say in 20 days.
administered, he is not liable under this article.  But suppose the injuries, without medical assistance, were healed after
 Administering injurious substance means introducing into the body the 2 months? In this case, it may be considered illness for more than 30 days;
substance. Throwing mordant chemicals or poisons on the face or upon the hence, the crime is serious physical injuries under Art. 263, par. 4.
body is not administering.  It is believed that the phrase “shall require” refers to the actual medical
 Art. 264 does not apply when the physical injuries that result are less serious attendance. There must be proof as to the period of the required
or slight. medical attendance.
 “By taking advantage of his weakness of mind or credulity” may take
place in the case of witchcraft, philters, magnetism, etc. SLIGHT PHYSICAL INJURIES AND MALTREATMENT
3 kinds of slight physical injuries:
LESS SERIOUS PHYSICAL INJURIES 1. Physical injuries which incapacitated the offended party for labor from 1-9
Elements: IN-IR-N days, or required medical attendance during the same period.
1. Offender Inflicts upon another physical injuries. Penalty: Arresto menor
2. Injury inflicted is Not serious physical injuries. 2. Physical injuries which did not prevent the offended party from engaging in his
3. Offended party is (a) Incapacitated for labor for 10 days or more, or (b) habitual work or which did not require medical attendance.
Required medical assistance for the same period of time. Penalty: Arresto menor OR fine not exceeding P40,000 AND censure.
4. There is No intent to kill. 3. Ill treatment of another by deed without causing any injury.
Penalty: Arresto menor minimum OR fine not exceeding P5,000.
Penalty: Arresto mayor.
 Example: Contusion on the face or black eye produced by a fistic blow.
 Incapacity must not be more than 30 days; otherwise, the crime committed is  A physical injury which incapacitates the offended party from working for 9
serious physical injuries under par. 4 of art. 264. days and some hours without amounting to 10 days, is a slight physical
injury.
Qualified less serious physical injuries penalty:
1. Arresto mayor AND fine not exceeding P50,000 when –  PEOPLE v. PENESA – In the absence of proof as to the period of the
a. There is Manifest intent to insult or offend the injured person; or offended party’s incapacity for labor or of the required medical attendance, the
b. There are circumstances adding Ignominy to the offense. crime committed is slight physical injuries only.
2. Prision correccional minimum and medium when the victim is either –
a. The Offender’s parents, ascendants, guardians, curators or teachers  PEOPLE v. TILOS – Where conspiracy to murder is not proved, and the
(pag-ct); or gravity or duration of the physical injury resulting from the fistblows by the
b. Persons of rank or persons in authority, provided the crime is not direct accused on the victim was not established by the evidence, the accused is
assault. presumed, and is held, liable for slight physical injuries only.

 The law includes 2 subdivisions, dealing with (1) the inability for work, and  PEOPLE v. AMARAO – In the absence of evidence to show actual injury, as
(2) the necessity for medical attendance. So that although the wound when the deceased died of other causes and there is no evidence as to how
required medical attendance for only 2 days; yet if the injured party was many days the deceased lived after the injury, the crime is only slight physical
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injuries, it appearing that the wounds inflicted by the accused could not have c. By reason or on occasion of rape, the victim has become insane – reclusion
caused death. perpetua to death
d. Homicide is committed by reason or on the occasion of attempted rape –
 Slight physical injury by ill-treatment – any physical violence which does reclusion perpetua to death
not produce injury, such as slapping the face of the offended party, without e. Homicide is committed by reason or on the occasion of rape – death
causing dishonor. f. Death penalty is imposed if rape is committed with any of the following
 Supervening event converting the crime into serious physical injuries after aggravating/qualifying circumstances: FUCK-KRACKS
the filing of the information for slight physical injuries, can still be the subject 1. Rape committed in Full view of spouse, parent, any of the children or
of a new charge without necessarily placing the accused in double jeopardy. other relatives within the 3rd civil degree of consanguinity;
2. Victim is Under 18 years of age and the offender is a parent, ascendant,
VAWC – important sections are Sec. 5 and Sec. 6 (refer to page 551, Reyes). step-parent, guardian, relative by consanguinity or affinity within the 3 rd
civil degree, or the common law spouse of the parent of the victim;
RAPE 3. Victim is under the Custody of the police or military authorities or any law
How committed? enforcement or penal institution;
1. By a MAN who shall have carnal knowledge of a woman under any of the 4. Offender Knows that he is afflicted with HIV/AIDS or any STD and the
following circumstances: FOMU virus is transmitted to the victim;
a. Thru Force, Intimidation or Threat; 5. Offender Knew of the pregnancy of offended party at the time of the
b. When the Offended party is (1) deprived of reason or is (2) otherwise commission of the crime;
unconscious; 6. Victim is a Religious engaged in legitimate religious vocation or calling
c. By Means of (1) fraudulent machination or (2) grave abuse of authority; and is personally known to be such by the offender before or at the time
d. When the offended party is (1) Under 12 years of age or is (2) of the commission of the crime;
demented, even though none of the circumstances mentioned above be 7. Committed by any member of the AFP or para-military units thereof or
present. the PNO or any law enforcement agency or penal institution, when the
offender took advantage of his position to facilitate the commission of the
2. By ANY PERSON who, under any of the circumstances mentioned in par. 1, crime;
shall commit an act of sexual assault by inserting his PENIS into another 8. Victim is a Child below 7 years old;
person’s MOUTH or ANAL ORIFICE, or ANY INSTRUMENT OR OBJECT 9. Offender Knew of the mental disability, emotional disorder and/or
into the GENITAL OR ANAL ORIFICE of another person. physical handicap of the offended party at the time of the commission of
the crime;
Elements of RAPE BY SEXUAL INTERCOURSE (Par. 1): MCA 10. Victim Suffered permanent physical mutilation or disability by reason or
1. Offender is a Man; on occasion of the rape.
2. Offender had Carnal knowledge of a woman;
3. Such act is Accomplished under any of the following circumstances:  In rape under Par. 1, there must be sexual intercourse.
a. By using force, intimidation or threat; or  Penetration, even partial, is necessary. The slightest penetration is enough.
b. When the woman is deprived of reason or otherwise unconscious; or  Proof of emission is not necessary. The absence of spermatozoa in the
c. By means of fraudulent machination or grave abuse of authority; or vagina does not negate rape.
d. When the woman is under 12 years of age or demented.  Touching by the penis of the labia majora or the labia minora of the
pudendum constitutes consummated rape, and not merely stroking the
Penalty: external surface thereof.
a. Penalty under par. 1 – reclusion perpetua  A broken hymen is not an essential element of rape.
b. Committed with the use of a deadly weapon or by 2 or more persons –  The date or time the rape was committed is not an essential ingredient as it
reclusion perpetua to death is the carnal knowledge thru force and intimidation that is the gravamen of the
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offense. It is, this, sufficient that the date of commission alleged is as near as necessary in rape is naturally a relative term, depending on the age, size and
possible to the actual date. What should control is the fact of the strength of the parties and their relation to each other.
commission of the rape or that there is proof of the penetration of the
female organ.  People v. Sending – Where resistance would be futile, offering none at all
does not amount to consent to the sexual assault. It is not necessary that the
victim should have resisted unto death or sustained physical injuries in the
hands of the rapist. It is enough if the intercourse takes place against her will
Elements of RAPE THRU SEXUAL ASSAULT (Par. 2): SMA or if she yields because of genuine apprehension of harm to her if she did not
1. Offender commits an act of Sexual assault; do so. Indeed, the law does not impose upon a rape victim the burden of
2. It is committed by any of the following Means: pi proving resistance.
a. Inserting his penis into another person’s mouth or anal orifice; or
b. Inserting any instrument or object into the genital or anal orifice of  Intimidation must be viewed in light of the victim’s perception and judgment
another person; at the time of rape and not by any hard and fast rule. It is enough that it
3. It is Accomplished under any of the following circumstances: produces fear.
a. By using force, intimidation or threat; or
b. When the woman is deprived of reason or otherwise unconscious; or  SC has ruled that moral ascendancy or influence exercised by the accused
c. By means of fraudulent machination or grave abuse of authority; or over the victim substitutes for the element of physical force or intimidation in
d. When the woman is under 12 years of age or demented. cases of rape and acts of lasciviousness. The Court has applied this rule to
rapes committed by:
Penalty: 1. Fathers against their daughters;
a. Rape under par. 2 – prision mayor 2. Stepfathers against their stepdaughters;
b. Committed with the use of a deadly weapon or by 2 or more persons – 3. Godfather against his goddaughter;
prision mayor to reclusion temporal 4. Uncles against their nieces;
c. Victim has become insane by reason or on occasion of rape – reclusion 5. First cousin of the victim’s mother.
temporal - When the offender in rape has an ascendancy or influence over the girl, it
d. Homicide is committed by reason or on occasion of attempted rape– is not necessary that she put up a determined resistance.
reclusion temporal to reclusion perpetua
e. Homicide is committed by reason or on occasion of the rape – reclusion  PEOPLE v. BAYLON – where the testimony coming from the offended party
perpetua is firm, categorical and straightforward, her clothing, including the most
f. Rape committed with any of the 10 aggravating/qualifying circumstances – intimate garments, soiled and smudged, ripped and torn, which are mute
reclusion temporal witnesses of the futile resistance she put up, the accused should be convicted
on the basis of her testimony.
 A violation of the body orifices by the FINGERS is within the expanded
definition of rape under RA 8353.  DACUG v. GONZALES – but where the complainant did not shout despite
 Rape by sexual assault is committed when a finger is inserted in the victim’s the presence of student boarders and patients in the clinic at the time of the
vagina or where the accused partially inserted his penis into the victim’s anal alleged rape, her testimony which is uncorroborated cannot support the
orifice. conviction of the accused.

 People v. Savellano – it is not necessary that the force employed against  In the rape of a woman deprived of reason or otherwise unconscious the
the complaining woman in rape be so great or of such a character as could not victim has no will.
be resisted. It is enough that the force used is sufficient to consummate the  Attempted rape was committed by the accused after raising the dress of the
culprit’s purpose of copulating with the offended woman. The force or violence woman then asleep and placing himself on top of her, and when the woman
 70

was awakened the accused threatened her with a knife, but because of her 1. Moral damages – P50,000 automatically awarded without necessity for
continued shouting and offering resistance, a neighbor came to her rescue. pleading or proof of mental suffering.
2. Exemplary damages
 STATUTORY RAPE – When the offended party is less than 12 years of age,
rape is committed although she consented to the sexual act or even if she is a
prostitute.

 To convict the accused of the crime of statutory rape, the prosecution must EFFECT OF PARDON
prove: AIS The subsequent valid marriage between the offender and the offended party
1. The Age of the complainant; shall EXTINGUISH the criminal action or the penalty imposed.
2. The Identity of the accused; and
3. The Sexual intercourse between the accused and the complainant. In case it is the legal husband who is the offender, the subsequent forgiveness
by the wife as the offended party shall extinguish the criminal action or the penalty:
 Conspirators are liable not only for the rape committed by them, but also for Provided, That the crime shall not be extinguished or the penalty shall not be abated if
the rape committed by his co-conspirators. the marriage is void ab ignition.
 Rape with homicide is a special complex crime.
 This principle does not apply where multiple rape is committed, because
 Some doctrines: while marriage with one defendant extinguishes the criminal liability, its
1. No frustrated rape. benefits cannot be extended to the acts committed by the others of which he
2. Reputation of a woman, not a valid defense. is a co-principal.
3. Every act of rape is a separate and distinct crime. It is not a continuing  Since rape has ceased to be a crime against chastity, but is now a crime
crime. against persons, it now appears that marriage extinguishes the penal action
4. Sweetheart principle – establishing this is not a passport to having and the penalty only as to the principal and not as to the accomplices and
unwanted sexual intercourse. This is not a valid defense. accessories.
 General rule: Forgiveness by the offended party shall not extinguish the
 Indemnity in RAPE – the award of P50,000 as indemnity ex delicto is penal action in CRIMES AGAINST PERSONS.
mandatory upon the finding of the fact of rape. Exception: Subsequent forgiveness by the wife as the offended party shall
- If committed or effectively qualified by any of the circumstances under which extinguish the criminal action or the penalty in rape.
the death penalty is authorized, indemnity shall be in the increased amount of
not less than P75,000. PRESUMPTIONS (Art. 266-D)
Evidence which may be accepted in the prosecution of rape: PS
 Indemnity in RAPE WITH HOMICIDE – victim should be awarded the 1. Any Physical overt act manifesting resistance against the act of rape in any
amount of P100,000. Prevailing judicial policy has authorized the mandatory degree from the offended party; or
award of P50,000 in case of death, and P50,000 upon the finding of the fact of 2. Where the offended party is So situated as to render him/her incapable of
rape. Also, under recent case law, the indemnity for the victim shall be in the giving consent.
increased amount of P75,000 if the crime of rape committed is effectively
qualified by any of the circumstances under which the death penalty is
authorized by the applicable amendatory laws. Thus, if homicide is committed CRIMES AGAINST LIBERTY
by reason or on occasion of the rape, indemnity in the amount of P100,000 is
fully justified. Crimes classified as Illegal Detention: KSU
1. Kidnapping and serious illegal detention
 Damages in Rape: 2. Slight illegal detention
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3. Unlawful arrest  It must be shown that there is intention to deprive the victim of his liberty for
the purpose of extorting ransom on the part of the accused. If the interval of
KIDNAPPING AND SERIOUS ILLEGAL DETENTION time from the alleged kidnapping and killing was so short as to negative the
Elements: PCIC idea implied in kidnapping, the short detention forms part of the perpetration
1. Offender is a Private individual; of the crime of murder.
2. He Kidnaps or detains another, or in any other manner deprives the latter of  The carrying away of the victim in the crime of kidnapping can either be made
his liberty; forcibly or fraudulently.
3. The act of detention or kidnapping must be Illegal;  As long as the kidnapping or detention was committed for the purpose of
4. In the commission of the offense, any of the following Circumstances is extorting ransom, actual demand for ransom is not necessary.
present: lss-m
a. The kidnapping or detention lasts for more than 3 days;  Detention or locking up of victim is essential. There must be actual
b. Committed simulating public authority; confinement or restriction of the person of the offended party. Thus,
c. Any serious physical injuries are inflicted upon the person kidnapped or if the alleged victim had freedom to leave the premises where she was
detained or threats to kill him are made; or allegedly confined, the crime of illegal detention cannot rise because she was
d. The person kidnapped or detained is a minor, female, or a public officer not deprived of her liberty.
mfp. (It is not necessary that the victim be placed in an enclosure. Illegal detention
also consists in detaining or depriving a person IN ANY MANNER of his
Penalty: Reclusion perpetua to death. liberty.)

Qualifying circumstance:  The detention or kidnapping must be illegal. If the cause of the detention is
Where the kidnapping or detention was committed for the purpose of EXORTING legal, there is no crime of illegal detention. Duh.
RANSOM from the victim or any other person, even if none of the circumstances Detention is ILLEGAL when:
abovementioned were present in the commission of the offense. a. Not ordered by competent authority; or
b. Not permitted by law.
Penalty: Death.
 The ESSENTIAL ELEMENT or act which makes the offense of kidnapping is
Where the victim is: KRS the deprivation of an offended party’s liberty under any of the 4
1. Killed or dies as a consequence of detention; or instances enumerated in Art. 267, Par. 1.
2. Raped; or Exception: But when the kidnapping or detention was committed for the
3. Subjected to torture or dehumanizing acts. purpose of extorting ransom, it is not necessary that one or any of such
circumstances enumerated be present.
Penalty: MAXIMUM PENALTY shall be imposed.
 Detention for more than 3 days is not necessary when any of the other
 This article requires that the offender is a private individual, because when the circumstances is present.
offender is a public officer, it will be arbitrary detention.  Purpose is immaterial when any of the circumstances in the first paragraph
 But the public officer must have a duty under the law to detain a person, such of Art. 267 is present.
as a policeman. If he has no such duty, and he detains a person, he is liable
under this article.  RA 7659 – When the victim is killed or dies as a consequence of the
 When victim is a minor and accused is any of the parents, the penalty is that detention, or is raped, or is subjected to torture or dehumanizing acts, the
provided for in Art. 271, par. 2 – arresto mayor or a fine not exceeding maximum penalty shall be imposed. (special complex crime of
P40,000, or both. kidnapping with murder or homicide or rape)
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This is regardless of whether the killing was purposely sought or was merely 4. The crime is committed Without the attendance of any of the circumstances
an afterthought. enumerated in Art. 267.

 Where the victim was taken from his house, solely for the purpose of Penalty: Reclusion Temporal.
killing him and not for detaining him illegally for any length of time or for the - Same penalty shall be incurred by anyone who shall furnish the place for
purpose of obtaining ransom for his release, the crime committed was the perpetration of the crime (liability of accomplice).
SIMPLE MURDER, not the complex crime of kidnapping with murder. - (but if the cooperation of the accomplice is by an act or acts other than
furnishing the place for the perpetration of the crime, the penalty should be
 Specific intent is used to describe a state of mine which exists where one degree lower than that provided for the crime of slight illegal detention.)
circumstances indicate that an offender actively desired certain criminal
consequences or objectively desired a specific result to follow his act or failure If the offender shall: VWB
to act. It involves a state of mind. 1. Voluntarily release the person so kidnapped or detained within 3 days from
the commencement of detention;
 Specific intent must be alleged in the Information and proved by the state in a 2. Without having attained the purpose intended; and
prosecution for a crime requiring specific intent. Kidnapping and murder 3. Before the institution of criminal proceedings against him;
are specific intent crimes. Penalty: Prision mayor minimum and medium AND fine not exceeding
P100,000.
 How to prove specific intent?
1. Direct evidence  To impose the lesser penalty, it must be shown by the offender that he was in
2. Circumstantial evidence a position to proking the detention for more than 3 days and yet he released
3. Inferred from the circumstances of the actions of the accused as the person detained within that time.
established by the evidence on record.
 When the victim is female, the detention is punished under Art. 267 (serious
Specific intent in Murder Specific intent in Kidnapping illegal detention. Voluntary release is not mitigating under that article.
To kill the victim. To deprive the victim if his liberty.  The last paragraph of Art. 268 applies to slight illegal detention only, not to
Art. 267.
 Ransom – money, price or consideration paid or demanded, for redemption
of a captured person or persons, a payment that releases from captivity. UNLAWFUL ARREST
Elements: APN
Illegal Detention Arbitrary Detention 1. Offender Arrests or detains a person;
Committed by a private individual. Committed by a public officer. 2. The Purpose of the offender is to deliver him to the proper authorities;
He unlawfully kidnaps, detains, or He detains a person without legal 3. The arrest or detention is Not authorized by law or there is no reasonable
otherwise deprives a person of liberty. ground. ground therefor.
Crime against personal liberty and Crime against the fundamental law of
security. the State. Penalty: Arresto mayor AND fine not exceeding P100,000.

 Offender is any person, whether a public officer or a private individual.

SLIGHT ILLEGAL DETENTION
Elements: P-KIW  If the PUBLIC OFFICER HAS AUTHORITY to arrest a detained person,
1. Offender is a Private individual; but the arrest is WITHOUT LEGAL GROUND – the crime is arbitrary
2. He Kidnaps or detains another, or in any other manner deprives him of his detention under Art. 124.
liberty;
3. The act of kidnapping or detention is Illegal;
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If the PUBLIC OFFICER HAS NO AUTHORITY to arrest or detain a failure of the offender having the custody of the minor to restore him to his
person, or if he DID NOT ACT IN HIS OFFICIAL CAPACITY – he should parents or guardian.
be punished for unlawful arrest.

 If the purpose if locking up or detaining the victim is to deliver him to the

proper authorities, and it develops that the detention is unlawful, the INDUCING A MINOR TO ABANDON HIS HOME
offense committed is UNLAWFUL ARREST. Elements:
In any other case, the detention will render the culprit liable for other illegal 1. The Minor is living in the home of his parents or guardian or the person
detention. entrusted with his custody.
2. The offender Induces said minor to abandon such home.
Delay in the Delivery of Detained
Persons to the Proper Judicial Unlawful Arrest Penalty:
Authority 1. Prision correccional and fine not exceeding P100,000.
Detention is for some legal ground. Detention is not authorized by law. 2. Arresto mayor OR a fine not exceeding P40,000, or both – if the
Crime is committed by failing to deliver Crime is committed by making an arrest offender is the father or the mother of the minor.
such person to the proper judicial not authorized by law.
authority within a certain period of time.  The inducement must be actual, committed with criminal intent, and
determined by a will to cause damage.
Crimes called Kidnapping of Minors:  The mere commission of any act which tends to influence, persuade or prevail
1. Kidnapping and failure to return a minor on a minor to abandon his home is what constitutes the crime. It is not
2. Inducing a minor to abandon his home necessary that the minor actually abandons the home.
 If the minor would leave his home of his own free will and would go and love
KIDNAPPING AND FAILURE TO RETURN A MINOR with another person, the latter is not criminally liable.
Elements; ED
1. Offender is Entrusted with the custody of a minor person (whether over or Crimes called Slavery and Servitude:
under 7 years but less than 21 years of age). 1. Slavery
2. He Deliberately fails to restore the said minor to his parents or guardians. 2. Exploitation of child labor
3. Services rendered under compulsion in payment of debt
Penalty: Reclusion Perpetua
SLAVERY
 When the accused is any of the parents, the penalty is that provided for in Elements: PP
Art. 271, par. 2 – arresto mayor or a fine not exceeding P40,000, or both. 1. The offender Purchases, Sells, Kidnaps or Detains a human being pksd.
2. The Purpose of the offender is to ENSLAVE such human being.
Art. 267 (Serious Illegal Detention) Art. 270 (Kidnapping and failure to
return a minor) Penalty: Prision mayor AND fine not exceeding P10,000.
Offender is not entrusted with the Offender is entrusted with the custody of
custody of the victim. the victim.
Qualifying circumstance: Crime be committed for the purpose of ASSIGNING the
offended party to some IMMORAL TRAFFIC.
 Kidnapping and failure to return a minor under Art. 270 is necessarily included
in Kidnapping and Serious Illegal Detention of Minor under Par. 4 of Art. 267.
Penalty: Imposed in its maximum period.
 Essential element: that the offender is entrusted with the custody of the
minor. What is punished in kidnapping a minor under Art. 270 is the deliberate
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 Its purpose (to enslave) is what makes it different from kidnapping or illegal assistance without detriment to himself, unless such omission shall constitute
detention. a more serious offense.
Elements:
EXPLOITATION OF CHILD LABOR a. Place is uninhabited;
Elements: RAU b. Accused found there a person wounded or in danger of dying;
1. Offender Retains a minor in his service; c. He can Render assistance without detriment to himself;
2. It is Against the will of the minor; d. He Fails to render assistance.
3. It is Under the pretext of reimbursing himself of a debt incurred by an 2. Failing to help or render assistance to another whom the offender has
ascendant, guardian or person entrusted with the custody of such minor. accidentally wounded or injured.

Penalty: Prision correccional minimum and medium AND fine not exceeding 3. Failing to deliver a child, under 7 years of age whom the offender has found
P500. abandoned, to the authorities or to his family, or by failing to take him to a
safe place.
 The existence of an indebtedness constitutes no legal justification for
holding a person and depriving him of his freedom to live where he wills. Penalty: Arresto mayor.
 If the minor consents, there is no violation of this article.
 If a person intentionally wounded another in an uninhabited place, Art.
SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT 275, par. 1 is not applicable, because he did not find him wounded or in
Elements: CAP danger of dying in that place.
1. Offender Compels a debtor to work for him, either as household servant or  If the person intentionally stabs or shoots another who is wounded and
farm laborer; he does not render him assistance, that person is not liable under this article.
2. It is Against the debtor’s will; He is liable only for the crime resulting from the stabbing or shooting,
3. The Purpose is to require or enforce the payment of a debt. which may be physical injuries or homicide if the victim dies.
 The child under 7 years of age must be found by the accused in an
Penalty: Arresto mayor maximum to prision correccional minimum. UNSAFE place, because the law states, “shall fail to take him to a safe
place.”
 This article specifically provides that the debtor is compelled to work as a
HOUSEHOLD SERVANT or FARM LABORER. ABANDONING A MINOR
Elements: CUAN
Crimes called Abandonment of Helpless Persons and Exploitation of Minors: 1. Offender has the Custody of the child;
1. Abandonment of persons in danger and abandonment of one’s victim 2. The child is Under 7 years of age;
2. Abandoning a minor 3. He Abandons such child;
3. Abandonment of minor by person entrusted with his custody; indifference of 4. He has No intent to kill the child when the latter is abandoned.
parents
4. Exploitation of minors Penalties:
1. Arresto mayor AND fine not exceeding P100,000– if the child did not die
ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONE’S or was not in danger.
OWN VICTIM 2. Prision correccional minimum and medium – if the life of the minor shall
Acts punishable: FFF have been in danger.
1. Failing to render assistance to any person whom the offender finds in an 3. Prision correctional medium and maximum – if death of the minor shall
uninhabited place wounded or in danger of dying when he can render such result from such abandonment.
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The provisions contained in the 2 preceding paragraphs shall not prevent the imposition  The minor here is under 21 years of age (age of majority is now reduced to
of the penalty provided for the act committed, when the same shall constitute a more 18 years old).
serious offense (Art. 276, last par.).
Abandonment of minor by person Abandonment of minor under Art.
 If there is intent to kill and the child dies, the crime would be either murder, entrusted with custody under Art. 276
parricide, or infanticide, as the case may be. If the child did not die, it is 277
attempted murder, parricide or infanticide, as the case may be. Custody of offender is specific, that is, Custody of the offender is stated in
Reason: Art. 276, last par. the custody for the rearing or education general.
 The minor here is under 7 years of age. of the minor.
 Intent to kill CANNOT be presumed. The ruling that intent to kill is The minor is under 21 years old. The minor is under 7 years old.
presumed from the death of the victim is applicable only to CRIMES The minor is delivered to a public The minor is abandoned in such a way
institution or other person. as to deprive him of the care and
AGAINST PERSONS, and NOT TO CRIMES AGAINST SECURITY,
protection that his tender years need.
particularly the crime of abandoning a minor under Art. 276.
Elements of INDIFFERENCE OF PARENTS (No. 2): PNS
 Abandonment under this article – that which deprives him of the care and
1. Offender is a Parent;
protection from danger to his person. The act must be CONSCIOUS and
2. He Neglects his children by not giving them education;
DELIBERATE.
3. His Station in life requires such education and his financial condition permits it.

 If the offender is the PARENT of the minor who is abandoned, he shall be

Penalty: Arresto mayor AND fine not exceeding P100,000.
deprived of parental authority.
 People v. Miraflores – when the accused had to go to another province
ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY;
where he was able to earn a living and his wife and children refused to go
INDIFFERENCE OF PARENTS
with him there, said accused is not liable for abandoning his family and for
2 Acts punished:
neglecting his children.
1. Delivering a minor to a public institution or other persons without the consent
 People v. Francisco – Failure to give education must be due to the
of the one who entrusted such minor to the care of the offender or, in the
deliberate desire to evade such obligation. Thus, when the father lost his
absence of that one, without the consent of the proper authorities.
employment and he had to rest following medical advice, his failure to give
2. Neglecting his children by not giving them education which their station in life
money for the support and education of his children is not a violation of this
requires and financial condition permits.
article.

Elements of ABANDONMENT OF MINOR BY ONE CHARGED WITH THE

EXPLOITATION OF MINORS
REARING OR EDUCATION OF SAID MINOR (No. 1): CDO
Acts punished under this article: CEE-DI
1. Offender has Charge of the rearing and education of a minor;
1. Causing any boy or girl under 16 years of age to perform any dangerous feat
2. He Delivers said minor to a public institution or other persons;
of balancing, physical strength or contortion, the offender being any person.
3. The One who entrusted such child to the offender has not consented to such
act; or if the one who entrusted such child to the offender is absent, the
2. Employing children under 16 years of age who are not the children of
proper authorities have not consented to it.
descendants of the offender in exhibitions of acrobat, gymnast, rope-walker,
diver, or wild animal tamer, the offender being an acrobat, etc., or circus
Penalty: Arresto mayor AND fine not exceeding P100,000.
manager or person engaged in a similar calling.

 Only the person charged with the rearing or education of the minor is
liable.
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3. Employing a descendant under 12 years of age in dangerous exhibitions same person of the penalty provided for any other felonies defined and punished by
enumerated in the next preceding paragraph, the offender being engaged in this Code.
any of the said callings.
TRESPASS TO DWELLING
4. Delivering a child under 16 years of age gratuitously (a) to any person Elements: PEA
following any of the callings enumerated in par. 2, or (b) to any habitual 1. Offender is a Private person;
vagrant or beggar, the offender being an ascendant, guardian, teacher or 2. He Enters the dwelling of another;
person entrusted in any capacity with the care of such child. 3. Such entrance is Against the latter’s will.

Qualifying circumstance: If the delivery shall have been made in Penalty: Arresto mayor AND fine not exceeding P200,000.
consideration of any price, compensation or promise, penalty shall in every
case be imposed in its MAXIMUM PERIOD. Qualified Trespass to Dwelling:
If committed by means of violence or intimidation.
In either case, the guardian or curator convicted shall also be removed from Penalty: Prision correccional medium and maximum AND fine not exceeding
office as guardian or curator; and in the case of the parents of the child, they P200,000.
may be deprived, temporarily or perpetually, in the discretion of the court, of Lawful trespass to dwelling: PRP
their parental authority. 1. If entrance is made for the purpose of Preventing some serious harm to
himself, the occupants of the dwelling or a third person.
5. Inducing any child under 16 years of age to abandon the home of its 2. If the purpose is to Render some service to humanity or justice.
ascendants, guardians, curators or teachers (a) to follow any person engaged 3. If the Place where the entrance is made is a café, tavern, inn and other public
in any of the callings mentioned in par. 2 or (b) to accompany any habitual houses, while the same are open.
vagrant or beggar, the offender being any person.
 If the offender is a public officer or employee, the entrance into the
Penalty: Prision correccional minimum and medium AND fine not exceeding dwelling against the will of the occupant is Violation of Domicile (Art.
P100,000. 128).
 Dwelling place – any building or structure exclusively devoted for rest and
Exploitation of minors, Art. 278, Inducing a minor to abandon his comfort.
par. 5 home, Art. 271  Whether a building is a dwelling house or not depends upon the use to which
The purpose of inducing a minor to There is no such purpose in inducing a it is put.
abandon his home is to follow any minor to abandon his home.  Neither the nature of the crime nor the responsibility of its perpetrator is
person engaged in any of the callings of altered by the fact that the accused was living, as a boarder, in the same
being an acrobat, gymnast, rope-walker, house of which the room of the offended occupant he entered was a part.
diver, wild-animal tamer or circus
 Mere absence of the owner’s consent is not enough to constitute the
manager, or to accompany any habitual
crime of trespass to dwelling. The entrance of the accused should be against
vagrant or beggar.
the presumed or express prohibition of the occupant, and the lack of
The victim minor is under 16 years of The victim minor is under 21 years of
age. age. permission should not be confused with prohibition.
 In general, all members of a household must be presumed to have authority
 The exploitation of the minor must be of such nature as to endanger his life or to extend an invitation to enter the house.
safety, in order to constitute the offense described in this article.  It is a well-settled rule that whoever enters the dwelling of another at late
hour of the night after the inmates have retired and closed their doors does
Art. 279. Additional penalties for other offenses. – The imposition of the so against their will. Under these circumstances, an express prohibition is not
penalties prescribed in the preceding articles, shall not prevent the imposition upon the necessary, as it is presumed.
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 There was implied prohibition to enter the dwelling in a case where the owner OTHER FORMS OF TRESPASS
thereof had told the defendants to wait in the open porch and then closed the Elements: EU-MP
door behind him as he entered the drawing room. 1. Offender Enters closed premises or fenced estate of another.
 There is an IMPLIED Prohibition when entrance is made thru means not 2. Entrance is made while either of them is Uninhabited.
intended for ingress (i.e. entrance thru a window). 3. There is Manifest prohibition to enter.
 Prohibition must be in existence PRIOR TO or AT THE TIME OF ENTRY. 4. Permission of the owner or caretaker thereof not secured by the trespasser.

People v. Tayag – Held by SC People v. Coronel and People v. Penalty: Arresto menor OR fine not exceeding P40,000, or both.
Abling – Held by CA
Act of the accused in loosening one of Held that violence does not refer to  Premises – may mean a room, shop, building or definite area, but in either
the bars of the door by means of bolo force upon things. case, locality is fixed.
and scre driver is considered as trespass
committed by violence. Trespass to Dwelling Other forms of Trespass
Offender is a private person. Offender is any person.
 Examples of trespass by means of violence: Offender enters a dwelling house. Offender enters closed premises or
1. Pushing the door violently and maltreating the occupants after entering. fenced estate.
2. Cutting of a ribbon or string which the door latch of a closed room was Place entered is inhabited. Place entered is uninhabited.
fastened. The cutting of the fastenings of the door was an act of violence. The act constituting the crime is entering The act constituting the crime is the
3. Wounding by means of a bolo the owner of the house immediately after the dwelling against the will of the entering the closed premises or the
entrance. owner. fenced estate without securing the
permission of the owner or caretaker
 Examples of Trespass by means of Intimidation: thereof.
1. Firing a revolver in the air by persons attempting to force their way into a Prohibition to enter is express or implied. Prohibition to enter must be manifest.
house.
2. Flourishing of a bolo against inmates of the house upon gaining entrance. GRAVE THREATS (Art. 282)
Acts Punishable and Penalties:
 The violence or intimidation may take place immediately after the entrance. 1. Threatening another with the infliction upon his person, honor or property or
 US v. ARCEO – the law which forbids the entry with violence into the that of his family of any wrong amounting to a crime and demanding money
dwelling of another relates not only to the method by which one may pass the or imposing any other condition, even though not unlawful, and the offender
threshold of the dwelling of another, but also to the conduct immediately attained his purpose.
after the entrance of one who so enters. Penalty: Penalty next lower in degree than that prescribed by law for
the crime he threatened to commit.
 Prohibition is NOT NECESSARY when violence or intimidation is
employed by the offender. 2. Making such threat without the offender attaining is purpose.
Penalty: 2 degrees lower than that provided by law for the crime he
 Even supposing that the house belonged to the accused, that fact alone did threatened to commit.
not authorize him to do anything with or enter the house against the will of
the actual occupant.  Qualifying circumstance in 1 and 2: If the threat be made (1) in writing
or (2) thru a middleman.
 All trespassers ordinarily have intention to commit another crime, but if there Penalty: imposed in its maximum period.
is no overt act of the crime intended to be committed, the crime is only
trespass to dwelling.
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3. Threatening another with the infliction upon his person, honor or property or
that of his family of any wrong amounting to a crime, the threat not being  The third form of grave threats must be serious in the sense that it is
subject to a condition. deliberate and that the offender persists the idea involved in his
Penalty: Arresto mayor AND fine not exceeding P100,000. threats.
 Threats of the third form are those made with the deliberate purpose of
Elements of Grave Threats where offender attained his purpose: TCDA creating in the mind of the person threatened the belief that the threats
1. Offender Threatens another person with the infliction upon the latter’s person, will be carried into effect.
honor or property, or upon that of the latter’s family, of any wrong;  The threats should not be made in the HEAT OF ANGER, because such
2. Such wrong amounts to a Crime; threat is punished under art. 285, par. 2.
3. There is a (a) Demand for money or that (b) any other condition is  If the condition is not proved, it is grave threats under sub-paragraph 2 of
imposed, even though not unlawful; Art. 282 (3rd form of grave threat).
4. Offender Attains his purpose.  In the crime of threats, it is essential that there by INTIMIDATION.
 In the intimidation, there is promise of some future harm or injury, either
 See examples on page 618, Reyes. to the person, honor or property of the offended party or of his family.
 Threatening to publish a libel and offering to prevent such publication for
money is punished under Art. 356, not under Art. 282.  Indirect challenge to a gunfight amounted to intimidation, especially when
 Example: A told B that if the latter would not give his daughter in marriage to backed by 2 warning shots, notwithstanding the fact that the complainant was
A, A would kill B. There is no demand for money, but a condition consisting in not present at the time the challenge was made.
that B should give his daughter in marriage to A is imposed.
 If the crime consists in threatening another with some future harm, it is
If the offender attained his purpose, the penalty one degree lower of the not necessary that the offended party was present at the time the threats
penalty for the crime threatened to be committed shall be imposed. Thus, if A were made. It is sufficient that the threats, after they have been made
succeeded in having the daughter of B to marry him, because of threat, the in his absence, came to the knowledge of the offended party.
penalty of prision mayor shall be imposed. PM is the penalty one degree lower
from RT, the penalty for homicide. Homicide is the crime, A threatened to  The crime of grave threats is consummated as soon as the threats come to
commit against B. the knowledge of the person threatened.
 If there is (1) another crime actually committed or the (2) objective of the
If the offender does not attain his purpose, the penalty is 2 degrees offender is another crime, and the threat is only a MEANS to commit it or a
lower than that provided by law for the crime threatened to be committed. MERE INCIDENT in its commission, the threat is absorbed by the other
This, if B refused to give his daughter to A in marriage, and the latter is crime.
prosecuted and convicted, the penalty is prision correccional.
 The offender in grave threats does not demand the delivery on the spot of the
 If threat is not subject to a condition, the penalty is fixed. money or other personal property asked by him; otherwise, the crime would
 Circumstances qualifying the offense – if threat is made: be robbery with intimidation.
1. In writing; or
2. Thru a middleman. LIGHT THREATS
Elements: TNDA
Elements of Grave Threats not subject to a condition: TCN 1. Offender makes a Threat to commit a wrong;
1. Offender Threatens another person with the infliction upon the latter’s person, 2. The wrong does Not constitute a crime;
honor or property, or upon that of the latter’s family, of any wrong; 3. There is a (a) Demand for money or (2) that other condition is imposed, even
2. Such wrong amounts to a Crime; though not unlawful;
3. The threat is Not subject to a condition. 4. Offender has Attained or not attained his purpose.
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 Threats which ordinarily are grave threats, if made in the heat of anger,
Penalty: Arresto mayor. may be other light threats.
 Where the threats are directed to a person who is absent and uttered in a
 Light threats are committed in the same manner as grave threats, except that temporary fit of anger, the offense is only light threats.
the act threatened to be committed should not be a crime.
 Light threats may amount to BLACKMAILING. GRAVE COERCIONS
Example: A threatens B with accusation or exposure, if B does not give 2 ways of committing grave coercions: PC
P1,000 to be deposited at an indicated place. 1. Preventing another, by means of violence, threats or intimidation, from doing
something not prohibited by law.
BOND FOR GOOD BEHAVIOR 2. Compelling another, by means of violence, threats or intimidation, to do
In all cases falling within Grave and Light threats, the person making the threats something against his will, whether it be right or wrong.
may also be required to give BAIL not to molest the person threatened, or if he shall
fail to give such bail, he shall be sentenced to DESTIERRO. Elements of Grave Coercions: PC-VR
1. A person Prevented another from doing something not prohibited by law, or
 This article (Art. 284) applies only to cases of grave threats and light threats. that he Compelled him to do something against his will, be it right or wrong;
 This is an additional penalty. 2. The prevention or compulsion be effected by Violence, threats or intimidation;
OTHER LIGHT THREATS (Art. 285) 3. The Restraint shall not be made under authority of law or in the exercise of
Acts punished: TD-OO any lawful right.
1. Threatening another with a weapon, or by Drawing such weapon in a quarrel,
unless it be in lawful self-defense. Penalty: Prision correccional AND fine not exceeding P100,000.

2. Orally threatening another, in the heat of anger, with some harm (not) Qualifying circumstances – if coercion be committed: VCP
constituting a crime, without persisting in the idea involved in his threat. 1. In Violation of the exercise of the right of suffrage; or
Note: The inclusion of the word “not in par. 2 of art. 285 is a mistake. 2. For the purpose of Compelling another to perform any religious act; or
3. To Prevent another from performing any religious act.
3. Orally threatening to do another any harm not constituting a felony.
Penalty: Prision Mayor.
Penalty: Arresto menor OR fine not exceeding P40,000.
 The thing prevented from execution must not be prohibited by law; otherwise,
 In this article, there is no demand for money or there is no condition imposed there will be no coercion. Thus, no coercion is committed by one who prevents
when the offender threatens another with a weapon, and that the case does a murderer from carrying out his wicked purpose.
not fall in subdivision 2 of art. 282.
 The coercing person must have exerted violence on his victim at the very
 Threats under Par. 2 of Art. 285 is similar to the 3 rd form of grave threats, moment that the latter is doing or is about to do something he wants
because the harm threatened to be committed is a crime. to do.
Threats under Par. 3 of Art. 285 is similar to light threats, because the harm If the defendant, however, had told the complainant not to do something he
threatened to be committed is not a crime. desired to do, but the complainant went ahead and did it, without the
The difference lies in the fact that in other light threats, there is no defendant doing anything to prevent him, and after the complainant had
demand for money or that there is no condition imposed, or that the finished doing it, the defendant exerted violence on him, the crime committed
threat is not deliberate. was UNJUST VEXATION, not grave coercion.

 When the act of preventing is another crime:

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1. Art. 132 – a public officer who shall prevent by means of violence or  People v. Mojico – Forcibly invading the land claiming to be the owner
threats the ceremonies or manifestations of any religion is guilty of thereof and taking the palay and camote harvested therefrom by the
interruption of religious worship. occupant, is coercion.
2. Art. 143 – any person who, by force, prevents the meeting of a
legislative body.  Coercion distinguished from Illegal Detention – When the offended
3. Art. 145 – any person who shall use force or intimidation to prevent any party, who was in the house of the accused for 3 days as servant therein, had
member of Congress from attending the meetings thereof, expressing his the freedom of the house and left it at times to visit her mother, but it was
opinions, or casting his vote. shown that she was compelled against her will to leave her mother’s
house and go with the accused to the latter’s house, there is coercion, not
 Compelling another to do something includes the offender’s act of doing it illegal detention (US v. Quevengco).
himself while subjecting another to his will. (Compelling a person to allow him
to do something).  Grave Coercion distinguished from Frustrated Illegal Detention –
 When the complainant is in the actual possession of a thing, even if he has no People v. Marasigan – Where the accused, by means of violence, merely
right to that possession, compelling him by means of violence to give up the dragged and carried the complainant to a distance of 3 meters from the place
possession, even by the owner himself, is grave coercion. where she was first grabbed, such acts do not constitute the crime of
 But an property owner or rightful possessor may use such force as may be frustrated illegal detention but rather that of consummated grave
reasonably necessary to prevent others from dispossessing him of his property coercion.
(Art. 429, Civil Code). People v. Undiana – The victim was dragged by the defendants to a
distance of 40 meters from her house. As the charge was frustrated abduction,
 When the act of compelling is another offense: but lewd designs were not proved, the SC held that the defendants could be
1. Art. 127 – a public officer who, not being authorized by law, compels a convicted only of frustrated illegal detention.
person to change his residence is liable for expulsion. People v. Crisostomo – The victim was dragged along and was taken
2. Art. 267 – Kidnapping the debtor to compel him to pay his debt is not against her will to a rice field, where she was rescued. The defendants were
only coercion, but kidnapping for ransom, because in effect, there is a held liable for consummated illegal detention.
demand for payment that releases from captivity.
 In extorting a confession or in obtaining an information from the
 The crime of grave coercion is consummated even if the offender fails to prisoner by means of violence (Art. 235), the act is similar to that of
accomplish his purpose. grave coercion but the difference lies in the fact that in the crime of
 If a creditor, by means of violence, seized the personal property of his debtor maltreatment of prisoners, the offended party is a prisoner. If the offended
to apply the same to the payment of the debt, the crime is light coercion party is not a prisoner, the offense would be grave coercion.
under Art. 287.
 Surrounding complainant in a notoriously threatening attitude is sufficient.  An essential element of the crime punished under the second paragraph of
 There is no grave coercion when the accused acts in good faith in the Art. 286, is the intent to coercively control the religious beliefs of another.
performance of his duty.
LIGHT COERCIONS (Art. 287, par. 1)
Purpose of the law in penalizing coercion: to enforce the principle that Elements: CS-VP
no person may take the law into his hands, and that our government is one of 1. Offender must be a Creditor;
law, not of men. 2. He Seizes anything belonging to his debtor;
3. The seizure of the thing be accomplished by means of Violence or a display of
 People v. Nebreja – Forcibly ejecting an occupant from the land bought material force producing intimidation;
by the offender, without authority from the court, is coercion. 4. The Purpose of the offender is to apply the same to the payment of the debt.
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Penalty: Arresto mayor minimum AND fine equivalent to the value of the  When the act of the accused has no connection with his previous acts of
thing, but in no case less than P15,000. violence, it is only unjust vexation.

 Art. 287, par. 1 is limited to a case where the offender seized anything  When the FIRST and THIRD elements of the crime of GRAVE COERCION
belonging to his debtor by means of violence to apply the same to the under Art. 286, par. 1 are PRESENT, but the SECOND element thereof,
payment of the debt. which is the use of violence upon the offended party in preventing or
compelling him to do something against his will, is LACKING, the crime is
Thus, if the offender seized anything belonging to his debtor by means of UNJUST VEXATION.
violence to hold it merely as security for the payment of the debt, Art.
287, par. 1 is not applicable. OTHER SIMILAR COERCIONS (Art. 288)
(Compulsory Purchase of Merchandise and Payment of Wages by Means of Tokens)
 When the accused did not act as a creditor toward the offended party when
he seized a cow jointly owned by them, but his conduct was that of a co- Acts punished as Similar Coercions:
owner who wished to exercise the right of redemption with which 1. Forcing or compelling, directly or indirectly, or Knowingly permitting the
unquestionably he was civilly vested, the accused is not guilty of light forcing or compelling of the laborer or employee of the offender to purchase
coercion. merchandise or commodities of any kind from him.
2. Paying the wages due to his laborer or employee by means of tokens or
 Taking possession of the thing belonging to the debtor, thru DECEIT and objects other than the legal tender currency of the Philippines, unless
MISREPRESENTATION, for the purpose of applying the same to the expressly requested by such laborer or employee.
payment of the debt, is UNJUST VEXATION under Art 287, par. 2.
Penalty: Arresto mayor OR fine ranging from P40,000 to P100,000, or both.
 Actual physical violence need not be employed. It is sufficient that the
attitude of the offender in seizing the property of his debtor: Elements of No. 1: PEF
a. is notoriously menacing as to amount to a grave intimidation; or 1. Offender is any Person, agent or officer of any association or corporation;
b. create such a situation that necessarily would intimidate the victim. 2. He or such firm or corporation has Employed laborers or employees;
3. He Forces or compels, directly or indirectly, or knowingly permits to be forced
UNJUST VEXATION (Art. 287, par. 2) or compelled, any of his or its laborers or employees to purchase merchandise
Unjust vexation includes any human conduct which, although not productive of or commodities of any kind from him or from said firm or corporation.
some physical or material harm, would, however, unjustly annoy or vex an
innocent person. Elements of No. 2: PON
1. Offender Pays wages due to a laborer or employee employed by him by
Penalty: Arresto menor or a fine ranging from P1,000 to P40,000. means of tokens or objects;
2. Those tokens or objects are Other than the legal tender currency of the
 In determining whether unjust vexation is committed, the question to be Philippines;
considered is whether the offender’s act caused Vexation, Irritation, 3. Such employee or laborer does Not expressly request that he be paid by
Distress, Disturbance, Annoyance or Torment (VID-DAT) to the mind of means of tokens or objects.
the person to whom it is directed.
 Inducing an employee to give up any part of his wages by Force,
 Kissing a girl, without performing acts of lasciviousness, is unjust vexation. Stealth, Intimidation, Threat or by any other means is unlawful under Art.
 There is no violence or intimidation in unjust vexation. 116 of the Labor Code, not under the RPC.
 Light coercion under the 1st paragraph will be unjust vexation if no violence or
intimidation is employed.
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FORMATION, MAINTENANCE, AND PROHIBITION OF COMBINATION OF This provision shall NOT BE APPLICABLE to:
CAPITAL OR LABOR THRU VIOLENCE OR THREATS 1. Parents, guardians or persons entrusted with the custody of minors with
Elements: EP respect to the papers or letters of the children or minors placed under their
1. Offender Employs violence or threats, in such a degree as to compel or force care or custody; or
the laborers or employers in the free and legal exercise of their industry or 2. Spouses with respect to the papers or letters of either of them.
work.
2. The Purpose is to organize, maintain or prevent coalitions of capital or  Seize – to place in the control of someone a thing or to give him the
labor, strike of laborers or lockout of employers. possession thereof. It is not necessary that in the act, there should be force or
violence.
Penalty: Arresto mayor AND fine not exceeding P60,000. - There must be taking possession of papers or letters of another, even for a
short time only. Thus, if the letter is voluntarily delivered to him, he did
 If death or some serious physical injuries are caused in an effort to curtail the not seize such letter.
exercise of the rights of the laborers and employers, the act should be
punished in accordance with the other provisions of the Code.  The purpose of the offender must be to discover the secrets of another. If the
 Peaceful picketing is part of freedom of speech and, therefore, cannot be accused opened the cablegram by mistake, he could not have possibly seized
prohibited. it for the purpose of discovering a secret.
 If the picketers (a) employ violence or (b) make threats, they may be liable
for coercion.  The offender must be informed of the contents of papers or letters.
 Preventing an employee from joining any registered labor organization is
punished under the Labor Code, not under the RPC.  This article does not require that the offended party be prejudiced.

3 kinds of Discovery and Revelation of Secrets: Art. 230. Public officer revealing Art. 290. Discovering secrets thru
1. Discovering secrets thru seizure of correspondence secrets of private individual seizure of correspondence
2. Revealing secrets with abuse of office Public officer comes to know the secrets Offender who is a private individual
3. Revealing of industrial secrets of any private individual by reason of his seizes the papers or letters of another to
office. discover secrets of the latter.
DISCOVERING SECRETS THRU SEIZURE OF CORRESPONDENCE It is not necessary that the secrets are It is not necessary that there be a secret
Elements: PSP-I contained in papers or letters. and, if there is a secret discovered, it is
Public officer reveal such secrets without not necessary that it be revealed.
1. Offender is a Private individual or even a public officer not in the exercise of
justifiable reason.
his official function;
2. He Seizes the papers or letters of another;
3. The Purpose is to discover the secrets of such another person; REVEALING SECRETS WITH ABUSE OF OFFICE
4. The offender is Informed of the contents of the papers or letters seized. Elements: MaLeRe
1. Offender is a Manager, employee or servant (mes);
Penalty: Arresto mayor AND fine not exceeding P100,000. 2. He Learns the secrets of his principal or master in such capacity;
3. He Reveals such secrets.
Qualifying Circumstance:
When the offender reveals the contents of such paper or letters of another to a third Penalty: Arresto mayor AND fine not exceeding P100,000.
person.
 Secrets must be learned by reason of their employment. It makes no
Penalty: Prision correccional AND fine not exceeding P100,000. difference that a secret was communicated by the principal or master to the
employee or servant.
 If the offender does not reveal the secrets, the crime is not committed.
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 Damage is not necessary.

REVELATION OF INDUSTRIAL SECRETS

Elements: P-SRP
1. Offender is a Person in charge, employee or workman (pew) of a
manufacturing or industrial establishment;
2. The manufacturing or industrial establishment has a Secret of the industry
which the offender has learned;
3. Offender Reveals such secrets;
4. Prejudice is caused to the owner.

Penalty: Prision correccional minimum and medium AND fine not exceeding
P100,000.

 Secrets must relate to the manufacturing process invented by or for a

manufacturer and used only in his factory or in a limited number of them;
otherwise, as when such processes are generally used, they will not be a
secret.
 If the person in charge, employee or workman of a manufacturing or industrial
establishment used the secret of the industry for his own benefit, without
revealing it to others, he is not liable under this article.
 The revelation of the secret might be made after the employee or
workman had ceased to be connected with the establishment. What is
important is that he was an employee or workman of the manufacturing or
industrial establishment when he learned the secrets.
 Prejudice is an element of the offense.

RA 9745, Sec. 22, Anti-Torture Act – The penalties are to be imposed in their
MAXIMUM PERIOD when TORTURE attends the commission of any crime
punishable under (1) TITLE VIII, Crimes against persons, and (2) TITLE IX,
Crimes against personal liberty and security.