CRIMINAL LAW BOOK 2 - Oatmilk Notes 2023 (Carrasco)

CRIMINAL LAW REVIEW
BOOK TWO
1 - CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
CRIME ELEMENTS
OTHER NOTES
ART CRIME OFFENDER CIRCUMSTANCES AND OTHER ELEMENTS
1. There is a war in which the Philippines is involved.
- Filipino citizen; or
2. Offender either:
114 TREASON - Foreigner residing in •
a) levies war; or
the Philippines
b) adheres to the enemies by giving aid or comfort
CONSPIRACY AND
115 PROPOSAL TO COMMIT •
TREASON
1. Offender, who having knowledge of any conspiracy against the PH government.
2. He conceals or does not disclose or make known the same, as soon as possible, to
MISPRISION OF
116 Filipino citizen (limited) the: •
TREASON
a) governor or fiscal of the province; or
b) the mayor or fiscal of the city in which he resides.
1. The offender enters any of the places (warship, fort, military or naval establishment
Any person (Filipino or or reservation)
117
Foreigner residing in the 2. He has no authority to enter •
(1)
PH) 3. His purpose is to obtain information, plans, or photographs or other data of a
ESPIONAGE
confidential nature relative to the defense of the Philippines.
1. The offender discloses the contents of the articles, data or information relative to the
117
Public Officer national defense in his possession by reason of the public office he holds. •
(2)
2. He discloses their contents to a political representative of a foreign nation.
INCITING TO WAR OR 1. The offender performs an act unlawful or unauthorized; and
118 GIVING MOTIVES FOR 2. Such act gives occasion for a war or exposes Filipino citizens to reprisals in foreign •
REPRISALS countries
- Filipino citizen; or 1. There is a war in which the Philippines is involved. NOT INVOLVED
VIOLATION OF
119 - Foreigner residing in 2. There is a regulation issued by a competent authority enforcing neutrality •
NEUTRALITY
the Philippines 3. The offender violates such regulation
1. There is a war in which the Philippines is involved.
2. The offender makes correspondence with an enemy country or a territory occupied
CORRESPONDENCE by enemy troops
• the correspondence is
120 WITH HOSTILE 3. The correspondence is either:
limited to those three.
COUNTRY a) prohibited by the government
b) carries in ciphers or conventional signs
c) containing notice/information which might be useful to the enemy
• “mere attempt” is included if
- Filipino citizen; or 1. There is a war in which the Philippines is involved. prohibited.
FLIGHT TO ENEMY’S
121 - Foreigner residing in 2. That the offender attempts to flee or go to enemy's country. • There must have a
COUNTRY
the Philippines 3. That going or fleeing to the enemy country is prohibited by a competent authority. regulation, otherwise, no
criminal liability.
1. That a vessel is on the high seas or in Philippine waters; •
122 Offenders are NOT
PIRACY 2. That the offenders either:
(1) members of its
a) attack or seize that vessel; or
This material is intended for personal use. OAT MILK NOTES 2023 | 1
Primary reference: San Beda Memory Aid; Prosec G 2023 Notes c/o Golden Nuggets
J.CARRASCO
CRIMINAL LAW REVIEW
BOOK TWO
complement or b) seize the whole or part of the cargo of said vessel, its equipment or personal
passengers of the vessel belongings of its complement or passengers.
Offenders are MEMBERS

1. That the vessel is on the high seas or in Philippine waters;
122 of the complement or
MUTINY 2. That the offenders raise a commotion or disturbance on board the ship against the •
(2) PASSENGERS of the
lawful command of a superior authority.
vessel;
1. Whenever the offenders have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving • 2nd and 3rd apply to MUTINY
123 QUALIFIED PIRACY themselves; or and regarded as QUALIFIED
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or MUTINY
rape.
PD 532 applies when the
offenders or when the
ANTI-PIRACY AND ANTI-
PD pirates are MEMBERS of
HIGHWAY ROBBERY •
532 the crew or
LAW
PASSENGERS of the
vessels.
• Under the first act, it is
necessary that the said
ACTS PUNISHED:
aircraft is inflight (the
I. By compelling a pilot of an aircraft of Philippine registry to change its course or
moment all its cabin doors
destination, or by seizing or usurping the control thereof, while it is in flight.
have been closed following
II. By compelling the pilot of an aircraft of foreign registry to land in Philippine territory
embarkation until any of its
or by seizing or usurping the control thereof, while it is within Philippine territory.
doors have been opened for
RA III. By carrying or loading on board a passenger aircraft operating as a public utility
ANTI-HIJACKING LAW purposes of disembarkation).
6235 within the Philippines, explosive, flammable, corrosive or poisonous substance or
• Under the 4th act, the crime
material.
will only arise if in carrying
IV. By carrying or loading on board a cargo aircraft operating as a public utility within
or boarding these
the Philippines explosive, flammable, corrosive or poisonous substance or material in
explosives,.. they failed to
any manner NOT in accordance with the rules and regulations of the Civil Aeronautics
comply with the rules and
Administration.
regulations of the Civil
Aeronautic Act.
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CRIMINAL LAW REVIEW
BOOK TWO
2 - CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
CRIME ELEMENTS
OTHER NOTES
• The offender here is vested by authority to
effect arrest and detain a person.
• “Detention” here does not mean placed behind
a prison cell, for as long as there is deprivation
of his personal liberty, there is detention
• NOTE: Arrest and detention are said to be
1. That he arrests or detains another; and
(ARBITRARY DETENTION) BY without legal grounds when:
- Public Officer; or 2. That the said arrest or detention is without legal grounds.
124 DETAINING A PERSON - arrested without any warrant of arrest
- Employee
WITHOUT LEGAL GROUNDS issued
- arrested and detained without any of the
circumstances for a valid warrantless
arrest; or
- when a person is NOT suffering from violent
insanity or any disease that would require
his compulsory confinement.
• Here, despite based on legal grounds, the said
1. That he arrests and detains another; offender only commits the crime if they
2. That the said arrest and detention is based on legal grounds; failed to deliver the person arrested to the
and proper judicial authorities within the period
3. That he failed to deliver the said person to the proper judicial prescribed.
(ARBITRARY DETENTION) BY authorities • The legal ground being referred to in Article 125
FAILING TO DELIVER THE - Public Officer; or a. Within 12 hours - light penalties or their equivalent does not apply when the said arrest and
125
DETAINED PERSON TO THE - Employee b. Within 18 hours - corrective penalties or their equivalent; detention is based on a warrant of arrest issued
PROPER JUDICIAL AUTHORITIES and by the court. If a person is arrested based on a
c. Within 36 hours - death or afflictive penalties or their warrant of arrest issued by the court, there is
equivalent. no need for the arresting authority to deliver
him to the proper judicial authority because the
NOTE: “their equivalent” means it applies to SPL Violations warrant of arrest came from the proper judicial
authority.
1. There is an order, either a judicial order or an executive order
(ARBITRARY DETENTION) BY for the release of a prisoner;
DELAYING THE RELEASE OF 2. The said offender unduly delays either
- Public Officer; or
126 PRISONERS DESPITE THE a. the release of the said prisoner; •
- Employee
JUDICIAL OR EXECUTIVE ORDER b. the service of notice of such order to the prisoner; or
TO DO SO c. any proceedings upon a petition for the release of such
person.
1. The public officer or employee acts either:
a. By expelling a person from the Philippines; or
127 EXPULSION b. By compelling a person to change his residence •
- Employee
2. Offender is not authorized to do so by law.
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BOOK TWO
1. He was not authorized by a judicial order to enter the

dwelling and/or make a search therein for papers or other effects;
and
2. He either:
a. Enters the dwelling of another against the will of the • A public officer or employee is said to be acting
latter; or under color of authority if he has been vested
b. Searching for papers or other effects found therein with the authority to implement a search
128 VIOLATION OF DOMICILE without the consent of the owner; or warrant, but when he entered in the said
- Employee
c. After having surreptitiously entered the dwelling, being dwelling, he is not armed with a judicial
discovered and asked to leave, he refuses to leave. order or search warrant. Therefore, he was
acting under color of authority.
QUALIFYING CIRCUMSTANCES
1. Nighttime; or
2. If any papers or effects seized were not immediately returned
to the owner.
• A search warrant is valid only for a period of 10
days from the date of its issuance appearing on
PUNISHABLE ACTS:
SEARCH WARRANTS the search warrant.
I. By procuring a search warrant without just cause.
MALICIOUSLY OBTAINED AND - Public Officer; or • A search warrant may only be conducted at
129 II. By exceeding his authority under the search warrant.
ABUSE IN THE SERVICE OF - Employee daytime except if stated otherwise. If there is no
III. By using excessive severity in executing a search warrant
THOSE LEGALLY OBTAINED express statement in the search warrant that it
legally procured
can be conducted at “any time of the day or
night”, then it can only be served at day time.
1. He is armed with a search warrant legally procured;
2. He searches the domicile, papers, or other
SEARCHING DOMICILE - Public Officer; or
130 belongings of any person; and • Follow the hierarchy of witness (last element)
WITHOUT WITNESSES - Employee
3. The owner or any member of his family or two witnesses
residing in the same locality are not present.
1. the offender committed aby of the following acts:
a) By prohibiting or by interrupting, dissolving, without legal
ground, the holding of a peaceful meeting, or by dissolving
the same. • For the crime to arise, it is necessary that the
PROHIBITION, INTERRUPTION
- Public Officer; or b) By hindering any person from joining any lawful meeting that was prevented, interrupted or
131 AND DISSOLUTION OF
- Employee association or from attending any of its meetings. dissolved must be a peaceful meeting and it
PEACEFUL MEETINGS
c) By prohibiting or hindering any person from addressing, must be for any lawful purpose.
either alone or together with others, any petition to the
authorities for the correction of abuses or redress of
grievances.
1. There is a religious ceremony or manifestations of any
religion that is about to take place or are going on.
2. That the offender prevents or disturbs the said religious
INTERRUPTION OF RELIGIOUS - Public Officer; or worship or religious ceremony.
132 •
WORSHIP - Employee
QUALIFYING CIRCUMSTANCE
If the offender makes use of violence or threats in committing the
crime.
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CRIMINAL LAW REVIEW
BOOK TWO
- Employee
1. That the acts must be notoriously offensive to the feelings of
- Private Individual • The law says “notoriously offensive.” According
the faithful.
OFFENDING THE RELIGIOUS to Reyes, it means that it is offensive to all
132 2. The said offender performs acts:
FEELINGS This is the only crime kinds of religion. If the same thing would be
a) in a place devoted to religious worship, or
under Title Two where done to any religion, they will also be offended.
b) during the celebration of any religious ceremony.
the offender can be a
private individual.
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CRIMINAL LAW REVIEW
BOOK TWO
3 - CRIMES AGAINST PUBLIC ORDER
CRIME ELEMENTS
OTHER NOTES
• The gravamen of rebellion is an armed public uprising
• The purpose is to overthrow the government and to replace
it with the government of the rebels.
• it is always carried out by means of force and violence.
1. That there be –
• THEORY OF ABSORPTION: The so-called theory of absorption
a. Public uprising and
in crimes of rebellion or in crimes of coup d’etat provides that
b. Taking up of arms;
if common crimes are committed incident to or in furtherance
2. The purpose of the public uprising or movement is to attain any of
of the crime of rebellion or coup d’etat, these common crimes
the following:
REBELLION OR will simply be absorbed by the said crime of rebellion or coup
134 - Any person a. To remove from the allegiance to the Philippine Government or
INSURRECCION d’etat
its laws –
• Before the theory of absorption in rebellion and coup d’etat
i. The territory of the Philippines or any part thereof; or
ii. Any body of land, naval or other armed forces; or however, may lie and absorb these common crimes, there is a
b. To deprive the Chief Executive or Congress wholly or partially, necessity for evidence that common crimes were
of any of their powers or prerogatives. committed in furtherance of rebellion or coup d’etat.
Otherwise, the commission of these common crimes will
constitute a separate and distinct charge and will not be
absorbed by rebellion or by coup d’état.
• Rebellion is a continuing crime.
- person or 1. That it is committed by means of a swift attack accompanied by
violence, intimidation, threat, strategy or stealth; • The gravamen or the essence of coup d’etat is a swift attack
persons
2. That the attack is directed against: (a) duly constituted directed against the duly constituted authorities of the
belonging to
authorities of the Republic of the Philippines; (b) or any military Philippines.
the military or
134- camp or installation; (c) communication networks; (d) public • The purpose is to diminish state powers.
COUP D’ETAT police; or
A utilities; or (e) other facilities needed for the exercise and • Coup d’etat may be committed not only by means of force and
- holding any
continued possession of power; violence, but also by means of intimidation, threat, strategy
public office
3. That the purpose of the attack is to seize or diminish state power. or stealth.
or
• Take note of the theory of absorption
employment
135 PENALTY FOR REBELLION OR INSURRECTION OR COUP D’ETAT •
136 CONSPIRACY AND PROPOSAL TO COMMIT REBELLION OR INSURRECTION OR COUP D’ETAT •
PUNISHABLE ACTS:
DISLOYALTY OF - Public 1. Failing to resist a rebellion by all means in their power
137 PUBLIC OFFICERS Officer; or 2. Continuing to discharge the duties of their office under the control •
/ EMPLOYEES - Employee of the rebels;
3. accepting appointment to office under the rebels
1. The offender is not in open hostility or does not take up arms • In case of inciting to rebellion, the act of inducing others to
against the Government; publicly uprise for any of the purposes of rebellion is done
INCITING TO 2. He incites others in order to publicly uprise for any of the purposes PUBLICLY (i.e., via speeches, proclamations, writings, emblems,
138 REBELLION OR of rebellion to overthrow the government. banners or other representations tending to the same end).
INSURRECTION 3. The inciting is done by means of speeches, proclamations, Whereas, in case of proposal to commit rebellion, the act of
writings, emblems, banners or other representations tending to inciting or inducing people to commit rebellion is done
the same end. SECRETLY, not in public.
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CRIMINAL LAW REVIEW
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1. That the offenders rise

a. Publicly and
b. Tumultously.
2. That they employed force, intimidation or any other means outside
of legal methods.
3. That they said public uprising is done in order to obtain the following
purposes –
a. To prevent the promulgation or execution of any law or the
holding of any popular election;
• Under Section 29, par 2. of RA 10591, the law provides that,
b. To prevent the National Government, or any provincial or
only two crimes can absorb the use of unlicensed firearm, that
139 SEDITION municipal government or any public officer thereof from freely
is, rebellion or insurrection and attempted coup d’état. Sedition
exercising its or his functions, or prevent the execution of
has been removed
any administrative order;
c. To inflict any act of hate or revenge upon the person or
property of any public officer or employee;
d. To commit, for any political or social end, any act of hate or
revenge against private persons or any social class; and
e. To despoil, for any political or social end, any person,
municipality or province, or the National Government, of all its
property or any part thereof
140 PENALTY FOR SEDITION •

141 CONSPIRACY TO COMMIT SEDITION •
•
- the offender 2. He incites others to publicly uprise for any of the purposes of
INCITING TO must NOT a sedition;
142
SEDITION participant in a 3. The inciting is done by means of speeches, proclamations, writings,
sedition emblems, cartoons, banners, or other representations tending to the
same end.
1. There is a meeting of Congress or any of its committees or
ACTS TENDING TO subcommittees, constitutional commissions or committees or divisions
PREVENT THE thereof, or of any provincial board or city or municipal council or board;
143 - Any person •
MEETING OF and
CONGRESS 2. The offender by means of force or fraud, prevented the said
meeting.
1. There is a meeting of Congress or of 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;
and
DISTURBANCE OF
144 2. The offender either: •
PROCEEDINGS
a. disturbs any of such proceedings; or
b. behaves while in the presence of any such bodies in such
manner as to interrupt its proceedings or to impair the
respect due it.
VIOLATION OF I. Any person who, by means of force, intimidation, threats, or fraud or
145 PARLIAMENTARY - Any person any other means, prevents any member of Congress from attending •
IMMUNITY its meeting, from expressing his opinions, or casting his vote.
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• So, if a crime committed by the said member of Congress is

(TWO ACTS higher than prision mayor, anytime he can be arrested or
PUNISHED): searched without the arresting or searching officers violating
Article 145.
II. Any public officer or employee who shall, while the Congress is
- Public • If the crime charged against the said member of the Congress
in regular or special session, arrest or search any member thereof
Officer; or carries a penalty not higher than prision mayor, any peace
who has committed a crime punishable by a penalty not higher
- Employee officer arresting or searching him will become liable for
than prision mayor.
Violation of Parliamentary Immunity. So, if the crime allegedly
committed does not carry a penalty higher than prision
mayor, they cannot be arrested or searched while in the
performance of their functions.
1. There is meeting, a gathering or group of persons, whether in • When the law requires that the meeting be attended by armed
ILLEGAL fixed place or moving; persons, the law does not mean that all those in attendance be
ASSEMBLY 2. The meeting was attended by armed persons; and armed. It suffices that any of them be armed.
(1st MODE) 3. The purpose of the meeting is to commit any of the crimes • “Arms” include any weapon, anything that can cause injury or
punishable under the Revised Penal Code. violence on another person.
146
1. There is meeting, a gathering or group of persons, whether in • Under the second mode, there is no requisite that those in
ILLEGAL fixed place or moving; and attendance or the audience be armed. What is required is that
ASSEMBLY 2. The meeting was attended by an audience (armed or not); and the audience in attendance be incited to commit treason,
(2nd MODE) 3. The audience were incited to commit treason, rebellion or rebellion or insurrection, sedition, or direct assault. There is no
insurrection, sedition, or direct assault. requisite that any of them be armed.
ILLEGAL
I. Associations totally or partially organized for the purpose of
ASSOCIATIONS •
committing any of the crimes punishable under the RPC
(1st MODE)
147
ILLEGAL
II. Associations totally or partially organized for the purpose of
ASSOCIATIONS •
committing crimes against public morals.
(2nd MODE)
Without public uprising, by employing FORCE or INTIMIDATION for the
attainment of any of the purposes of rebellion and sedition.
DIRECT ASSAULT
1. The offender employs force or intimidation; •
(1st KIND)
2. The aim of the offender is to attain any of the purposes of the crime
of rebellion or any of the objects of the crime of sedition; and
3. There is no public uprising.
• If the person assaulted or attacked is a person in authority,
Without public uprising, by ATTACKING, by EMPLOYING FORCE, or by the force employed and the attacked done need not be serious
SERIOUSLY INTIMIDATING or SERIOUSLY RESISTING any person in in nature for the crime to arise. This is because under Art. 148,
148
authority or any of his agents, while in the performance of official the mere act of laying of hands on a person in authority already
duties, or on the occasion of such performance. gives rise to qualified direct assault.
• If the victim is a mere agent of a person in authority, for
DIRECT ASSAULT
1. The offender direct assault to arise, it is necessary that the force employed
(2nd KIND)
a) Makes an attack; and the attack done be serious in nature. Otherwise, it will
b) Employs force; only be violation of Art. 151.
c) Makes a serious intimidation; or • If at the time of the assault, the person in authority is actually
d) Makes a serious resistance; performing his official functions, immediately, direct assault
2. The assault is against a PA or APA; arises. There is no need to know the motive or the reason.
However, if at the time of the assault, the person in
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CRIMINAL LAW REVIEW
BOOK TWO
3. At the time of assault, the PA or APA is engaged in the performance authority or his agent is not engaged in the performance
of his official functions or the assault was on the occasion of such of his official functions, you have to know the motive or the
performance of official functions; reason behind the assault.
4. The offender knows him to be a PA or APA; and • Whenever direct assault is committed and a felony resulted,
5. There is no public uprising. (e.g. the person in authority or agent died, or suffered injury,
or sustained fatal wounds but survived because of immediate
QUALIFIED DIRECT ASSAULT medical intervention), always complex direct assault with the
1. If the assault is done by use of a weapon; resulting felony. However, if the resulting felony is only a light
2. If the assault is committed by a public officer or employee; felony, like slight physical injuries, do not complex it with
3. If the offender lays hands upon a person in authority. direct assault.
• Under Art. 152, 2nd par., any person who comes to the aid of
a person in authority who is a victim of direct assault is
deemed to be an agent of a person in authority. When he,
1. A PA or APA is a victim of direct assault; too, is assaulted, the crime committed is not Art. 149 indirect
INDIRECT 2. Someone came to his aid; and assault, but direct assault under Art. 148. This is because he is
149
ASSAULT 3. The offender employed force or intimidation upon such person deemed to be an agent of a person in authority. Therefore, Art.
coming to the aid of the PA or APA. 149 will only apply if the victim of the direct assault is an
agent of a person in authority and someone came to his aid
and the offender employed force or intimidation on that
person who gave the aid.
I. By refusing, without any legal excuse, to obey summons issued
by the Congress or any of its committees, Constitutional
Commissions, or subcommittees.
II. By refusing to be sworn or to be placed under affirmation
while being before such legislative or constitutional body or
official.
DISOBEDIENCE TO
150 III. By refusing to answer any legal inquiry or to produce any •
SUMMONS
books, papers, or documents in his possession, when required by
such legislative or Constitutional body to do so.
IV. By restraining another to attend as a witness in such
legislative or constitutional body.
V. By inducing disobedience to a summons or refusal to be
sworn by such legislative or constitutional body.
1. A person in authority or his agent is engaged in the performance
of his official function, or gives a local order; lawful order • The person giving the lawful order can either be a person in
RESISTANCE AND 2. Offender seriously disobeys or resisted the said order; authority or an agent.
SERIOUS 3. That such resistance or disobedience will not amount to: • The said resistance/disobedience to the lawful order is serious
DISOBEDIENCE a. Direct assault; in nature although not amounting to violations of Art. 148, 149,
151 b. Indirect assault; or and150.
c. Disobedience to summons issued by Congress
1. A person in authority or his agent is engaged in the performance
• The person giving the lawful order is merely an agent of a
SIMPLE of official duty or gives a lawful order;
person in authority.
DISOBEDIENCE 2. The offender disobeys such agent of a person in authority;
• The said disobedience is not serious in nature.
3. Such disobedience is not in serious nature.
152 PA / APA •
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I. By causing any serious disturbances in a public place, office, or

establishment.
II. By interrupting or disturbing performances, functions or
peaceful gatherings or peaceful meetings. Provided, the act • There must be deliberate intent on the part of the offender to
does not amount to violation of Articles 131 (prohibition, cause a serious disturbance when he went to the said public
interruption, and dissolution of peaceful meetings) and 132 place.
TUMULTS AND
(interrupting of religious worship). • The outcry, the displaying of placards and emblems must be
153 OTHER - Any person
III. By making any outcry tending to incite rebellion or sedition in brought about by some unconscious outburst of emotions.
DISTURBANCES
any meeting, association, or public place. Thus, it must not be intentionally calculated to incite people to
IV. By displaying placards or emblems which provoke a rebel or to commit sedition because otherwise, the crime would
disturbance of public order in such meeting, association, or be inciting to rebellion or inciting to sedition.
public place.
V. By burying with pomp, the body of a person who has been
legally executed.
I. By publishing or causing to be published by means of printing
lithography or any other means of publication, as news any false
news which may endanger the public order, or cause damage • Take note of “fake news”. There is no particular law that
to the interest or credit of the State. punishes fake news. However, the offender can be held liable
UNLAWFUL USE II. By encouraging disobedience to the law or to the constituted under Article 154. If it is done via internet, it would be in
OF MEANS OF authorities or by praising, justifying, or extolling any act punished relation to the Anti-Cybercrime Law.
154 PUBLICATION AND by law. • As to first act, The offender, the author, and the publisher knew
UNLAWFUL III. By maliciously publishing or causing to be published any that it is false. Nevertheless, despite such knowledge that it is
UTTERANCES official resolution or document without proper authority, or false, he still published the same. If it is done via internet, it is
before they have been published officially. in relation to R.A. 10175 or the Anti-Cybercrime Law
IV. By printing, publishing, or distributing books, pamphlets, (Cybercrime Prevention Act of 2012).
periodicals, or leaflets which do not bear the real printer’s
name, or which are classified as anonymous.
I. Discharging any firearm, rocket, firecracker, or other
explosives within any town or public place calculated to cause
(which produces) alarm or danger. • In case of discharging of firearms, take into consideration the
II. Instigating or taking an active part in any charivari or other intent of the offender.
disorderly meeting offensive to another or prejudicial to public • In the fourth act punished in alarms and scandals, the offender,
ALARMS AND
155 tranquility. in going to the said public place has to intention to cause
SCANDALS
III. Disturbing the public peace while wandering about at night disturbance or scandal. However, because of the turn of
or while engaged in any other nocturnal amusement. events, he caused scandal or disturbance, whether intoxicated
IV. Causing any disturbance or scandal in public place whether or not. He becomes liable for alarms and scandals.
intoxicated or not, provided Article 153 is not applicable.
- Any person
except the 1. That there is a person confined in a jail or penal establishment;
custodian of the 2. That the offender removes therefrom such persons or assisted
DELIVERING said prisoner. If in the escape of such person. • Prisoners being referred here can be any prisoner. He can be
156 PRISONERS FROM it is the a prisoner convicted by final judgment or a detention prisoner,
JAIL custodian, QUALIFYING CIRCUMSTANCES provided he is in jail.
under Article 1. If violence or intimidation has been used;
223 or Article 2. Bribery is used in delivering persons from jail.
224.
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1. The offender is a convict by final judgment;

2. The offender is serving his sentence which consists in a deprivation
of liberty; and
3. That he evades the service of his sentence by escaping during the
• Take note of the liabilities:
term of his sentence.
- Prisoner who escaped – Evasion of Service of Sentence
EVASION OF offender is a (157);
QUALIFYING CIRCUMSTANCE
157 SERVICE OF convict by - Any person who helped the escapee - Delivering
1. The act of escaping is done by means of unlawful entry;
SENTENCE final judgment Prisoners from Jail (156);
2. The act of escaping is done by breaking doors, windows, gates,
- Custodian who helped the escapee – Infidelity in the
walls, roofs, or floors;
Custody of the Prisoner (223)
3. The act of escaping is done by using picklocks, false keys, disguise,
deceit, violence or intimidation; or
4. The act of escaping is done through connivance with other
convicts or employees of the penal institution.
1. The offender is a prisoner convicted by final judgment; • When will the crime arise? Based on the fourth element, if
EVASION OF 2. He is serving his sentence in a penal institution; they fail to return to the proper authorities within 48 hours
SERVICE OF 3. There is a calamity or disorder arising from explosion, earthquake, following the declaration by the Chief Executive that the
offender is a
SENTENCE IN catastrophe, or a mutiny in which he has not participated. calamity had already lapsed. That is the time the crime will
158 convict by
TIMES OF 4. He escapes in times of these calamities and disorders and arise.
final judgment
CALAMITIES AND thereafter, he failed to give himself up to the proper authorities • A riot is NOT a mutiny. Hence when the escape is done during
DISORDER within 48 hours following the declaration of the Chief Executive that a riot, the moment the prisoner escapes, he immediately
the calamity has already lapsed. becomes liable for the liabilities under Art. 157.
EVASION OF
SERVICE OF
1. The offender is a prisoner convicted by final judgment;
SENTENCE BY offender is a
2. He has been granted conditional pardon by the President or Chief
159 VIOLATION OF convict by •
Executive; and
CONDITIONS OF final judgment
3. He violates the terms of his conditional pardon.
CONDITIONAL
PARDON
160 QUASI-RECIDIVISM •
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CRIMINAL LAW REVIEW
BOOK TWO
4 - CRIMES AGAINST PUBLIC INTEREST
CRIME ELEMENTS
OTHER NOTES
FORGING THE
SIGNATURE OR
161 STAMP OF THE - Any person •
PRESIDENT OR
THE GREAT SEAL
1. That the Great Seal of the Republic was counterfeited or the
USING FORGED
signature or stamp of the Chief Executive was forged by another
SIGNATURE OR
162 person; •
COUNTERFEIT
2. That the offender knew of the counterfeiting or forgery; and
SEAL OR STAMP
3. That he used the counterfeit seal or forged signature or stamp.
• There is counterfeiting of coins when the offender copies or
imitates the peculiar design of a genuine or authentic coin
I. Counterfeiting of Coins. (ANY COINS for as long as it is
MAKING AND in order to produce a spurious one.
genuine and authentic. It could be coins of present circulation,
IMPORTING AND • There is importing false coins when the offender brings into
163 old or vintage coins, or foreign coins)
UTTERING FALSE Philippine ports any false or counterfeited coins.
II. Importing False coins.
COINS • There is uttering of false coins when the offender circulates,
III. Uttering of False Coins.
passes, gives away from one person to another these false or
counterfeited coins.
• In mutilation of coins, the coins which may be the subject of
Coins are mutilated when the offender scraps off, scratches off parts mutilation must be genuine coins which are in PRESENT
MUTILATION OF
164 of the metal contents of the coin thereby diminishing the intrinsic CIRCULATION. If the coin is old or vintage, or of foreign
COINS
value of the said coin. currency, even if it is mutilated, the public will not be damaged
because it is not in circulation, it is not being used.
165 SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE •
FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO BEARER; IMPORTING AND
166 • In case of uttering, he connived with the forgers or importer
UTTERING THE SAME
167 COUNTERFEITING, IMPORTING AND UTTERTING INSTRUMENTS NOT PAYABLE TO BEARER • In case of uttering, he connived with the importer
• The offender knows that any of these instruments is forged or
falsified.
• Mere possession is not punishable. For it to constitute offense,
168 ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT
one must knowingly possess said false treasury or bank notes
with intent to use the same as shown by a clear and
deliberate overt act.
1. Giving to a treasury or bank note or any instrument payable to
• Forgery cannot be presumed. It must be proved by clear and
HOW FORGERY IS bearer or to order the appearance of a true and genuine document
169 convincing evidence and the burden of proof lies on the party
COMMITTED 2. erasing, substituting, counterfeiting or altering, by any means,
alleging it.
the figures, letters, words or signatures contained therein.
- Any person 1. there be a genuine bill, resolution or ordinance enacted or • Accused must not be a public official entrusted with the custody
FALSIFICATION OF
(private approved or pending approval by either the house of the legislature or possession of such document. Otherwise, Art. 171 applies.
170 LEGISLATIVE
individual or or any provincial board or municipal council
DOCUMENTS
public officer) 2. the offender alters the same
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CRIMINAL LAW REVIEW
BOOK TWO
3. he has no proper authority therefor

4. the alteration changed the meaning of the document
2. The said offender has taken advantage of his official

position/function;
3. The said offender falsifies a document by committing any:
a. By counterfeiting or imitating any handwriting, signature,
or rubric;
b. By causing it to appear that persons have participated in
any act or proceeding when they did not in fact so • MEMORIZE THOSE ACTS
FALSIFICATION
participate; • These acts also apply in Art. 172
c. By attributing to persons who have participated in an act • For Article 171 to lie against a public officer or employee, it is
FALSIFICATION BY
- Public Officer; or proceeding statement other than those in fact made necessary that in the act of falsifying the document, the public
PUBLIC OFFICER,
or by them; officer, employee, or notary public must have taken advantage
171 EMPLOYEE,
- Employee; or d. By making untruthful statements in a narration of facts; of his public position, his public office.
NOTARY PUBLIC,
- Notary Public e. By altering true dates; • Although Article 171 is silent as to the kind of document
OR
f. By making any alteration or intercalation in a genuine falsified, it necessarily follows that the document falsified is a
ECCLESIASTICAL
document which changes its meaning; public, official document since the offender is a public officer,
MINISTER
g. By issuing in an authenticated form a document purporting employee, or notary public.
to be a copy of an original document when no such
original exists or by including in such
h. By intercalating any instrument or note relative to the
issuance thereof in any protocol, registry, or official book.
4. If the offender is an ecclesiastical minister, the document falsified
may affect the civil status of persons.
FALSIFICATION OF
- Private
A PUBLIC,
Individual 1. The offender commits any act of falsification under Article 171;
OFFICIAL, OR
- Public officer and
COMMERCIAL •
acting in his 2. The said acts of falsification were committed in a public, official,
DOCUMENT BY A
private capacity or commercial document.
PRIVATE
INDIVIDUAL
1. The offender commits any of the acts of falsification under
FALSIFICATION OF - Any person
172 Article 171 except paragraph 7; and
A PRIVATE (private
2. The document falsified is a private document and •
DOCUMENT BY individual or
3. There was intent to cause damage, or damage was caused to a
ANY PERSON public officer)
private person or to a third person.
• If the said falsified document is used in a judicial proceeding,
there is no need to prove damage or intent to cause damage.
USE OF FALSIFIED
• If the said document is used in any other official transaction
DOCUMENT.
outside judicial proceedings, it is necessary to prove damage
or intent to cause damage for the crime to arise.
FALSIFICATION OF
WIRELESS, CABLE,
173 TELEGRAPH AND •
TELTPHONE
MESSAGES AND
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CRIMINAL LAW REVIEW
BOOK TWO
USE OF SAID
FALSIFIED
MESSAGES
FALSE MEDICAL
CERTIFICATES,
FALSE
174 •
CERTIFICATESS OF
MERIT OR
SERVICE
175 USING FALSE CERTIFICATES • The offender must knew that tha certificate was false
176 MANUFACTURING AND POSSESSION OF ISNTRUMENTS AND IMPLEMENTS OF FALSIFICATION •
There is USURPATION OF PUBLIC AUTHORITY when a person
knowingly and falsely represents himself to be an agent, officer or
representative of any department or agency of the Philippine
USURPATION OF Government or of a foreign government.
AUTHORITY OR • The mere act of false representation will give rise to the felony.
177
OFFICIAL There is USURPATION OF OFFICIAL FUNCTIONS when a person • In case of usurpation, good faith is a defense.
FUNCTIONS performs an act pertaining to a person in authority or a public officer,
either of the Philippine Government or of a foreign government under
false pretense of official position without being lawfully entitled to do
so.
USING FICTITIOUS NAME
1. The offender uses a name other than his real name;

2. The offender uses the said name publicly
• This crime is limited to these purposes
3. The purpose of the offender is either –
USING FICTITOUS
a. To conceal a crime;
NAME AND
178 b. To evade the execution of a judgment; or
CONCEALING
c. To cause damage to the public interest.
TRUE NAMES
CONCEALING TRUE NAME
1. The offender conceals his real name and other personal • This crime is limited to this purpose
circumstances;
2. The purpose of the offender is to conceal his real identity.
• Under the Anti-Alias Law, no person can use any name other than his real name by which it is registered at birth in the office of the local civil registry, or
with which he was baptized for the first time, or, in case of an alien, with which he was registered in the bureau of immigration upon entry in the Philippines.
CA ANTI-ALIAS LAW,
• If he uses an alias, if uses another name, then he can be held liable under CA 142. A pseudonym or an alias can only be used by persons involve in literary,
142 as amended
cinema, television, radio or other entertainment purposes and in athletic events where the use of pseudonym is a normally accepted practice or when the
use of another name is allowed by competent authority.
179 ILLEGAL USE OF UNIFORMS OR INSIGNIA •
1. There is a criminal proceeding; • 4th element is important. Before the false witness can be
FALSE TESTIMONY 2. The offender testified falsely under oath against the defendant; prosecuted in court, it is necessary that there is a final
180 AGAINST A 3. The offender knew that his testimony is false; and termination of the case of the said defendant. The defendant
DEFENDANT 4. The defendant against whom the false testimony is given is is either acquitted or convicted by final judgment. Without that,
either acquitted or convicted in a final judgment. the filing of a case against the false witness is still premature.
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CRIMINAL LAW REVIEW
BOOK TWO
1. There is a criminal proceeding;

FALSE TESTIMONY • Right after the giving of the false testimony favorable to the
2. The offender testified falsely under oath in favor of the defendant;
181 FAVORABLE TO A said defendant, the said false witness can already be prosecuted
and
DEFENDANT in court. No need to wait for the final termination of the case.
3. The offender knew that his testimony is false.
FALSE TESTIMONY
182 •
IN CIVIL CASES
1. The offender: • In making statement under oath, it must not be in a judicial
a) made a statement under oath; or proceeding. If the false statement is made in a judicial
b) executed an affidavit upon a material matter; proceeding, the crime committed is false testimony. For it to
2. Such was made before a competent officer duly authorized to be perjury, the said false statement under oath must be made
183 PERJURY
receive and administer oath; in a quasi-judicial, administrative or legislative proceeding.
3. That in the said statement or affidavit, the offender made a • It must be deliberately done. There must be malice on the part
willful and deliberate assertion of falsehood; of the offender. Therefore, good faith is a defense in case of
4. The said statement or affidavit containing falsity is required by law. perjury.
OFFERING FALSE 1. The offender offered in evidence a false witness or false testimony.
• The mere act of offering the false testimony or false witness
184 TESTIMONY IN 2. The offender knew the witness or the testimony was false.
will already give rise to the crime.
EVIDENCE 3. The offer was made in a judicial or official proceeding.
• The mere act of soliciting any gift or promise or the mere
I. By soliciting any gift or promise as a consideration for
attempt to cause bidders not to participate in the said
MACHINATIONS IN refraining from taking part in any public auction
185 public auction by threats, gifts or promise will already give
PUBLIC AUCTIONS II. By attempting to cause bidders to stay away from an auction
rise to the crime. It is not necessary that the bidders would
by threats, gifts, promises or any other artifice
not actually participate.
- Any person Combination to prevent free competition in the market
MONOPOLIES AND - Any person Monopoly to restrain free competition in the market
COMBINATIONS IN - Manufacturers, Manufacturer, producer or processor or importer combining,
186 •
RESTRAINT OF processors, conspiring or agreeing with any person to make transactions
TRADE producers and prejudicial to lawful commerce to increase the market price of
importers merchandise.
1. The offender imports, sells or disposes any article or merchandise
IMPORTATION • Mere importation is a punishable act, therefore it is not
made of gold, silver, other precious materials, or their alloys; and
AND DISPOSITION necessary for the offender to become liable under Article 187
2. That the stamps, brands or marks of those articles or merchandise
187 OF FALSELY that he must have sold the misbranded articles or that he must
fail to indicate the actual fitness or quality of said metals or alloys.
MARKED have disposed the article because mere importation will already
3. The offender knows that the stamps, brands or marks fail to
ARTICLES give rise to the crime.
indicate the actual fitness or quality of the metals or alloys.
188
• Articles 188-189 are repealed by the Intellectual Property Code of the Philippines.
189
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CRIMINAL LAW REVIEW
BOOK TWO
6 - CRIMES AGAINST PUBLIC MORALS
CRIME ELEMENTS
OTHER NOTES
195
• Repealed by PD 1602
-
• ANTI-GAMBLING LAW
199
1. The offender performs an act or acts;
2. The said act or acts are highly scandalous as offending against • If he performs the act in a public place, grave scandal
morals, decency, or good customs; immediately arises; however, if the highly scandalous act is
200 GRAVE SCANDAL 3. The act or acts complained of being committed in a public place done in a private place, for the crime to arise, it must be within
or within the public knowledge or view; and public knowledge or view, therefore, someone must have
4. The highly scandalous conduct is not expressly falling within any witnessed the performance of said act.
other article of this Code.
Persons Liable:
1. Those who shall publicly expound or proclaim doctrines openly contrary to public • Purpose of Article 201 — The object of the law is to protect
morals. the morals of the public.
2. The authors of obscene literature, published with their knowledge in any form; the • Test of Obscenity: The test is whether the tendency of the
editors publishing such literature; and the owners/operators of the establishment selling matter charged as obscene, is to deprave or corrupt those
IMMORAL
the same. whose minds are open to such immoral influences, and into
DOCTRINES,
3. Those who, in theaters, fairs, cinematographs or any other place, exhibit indecent or whose hands such a publication may fall and also whether or
OBSCENE
immoral plays, scenes, acts or shows which are proscribed and shall include those which: not such publication or act shocks the ordinary and common
201 PUBLICATIONS
a. Glorify criminals or condone crimes; sense of men as an indecency.
AND EXHIITIONS,
b. Serve no other purpose but to satisfy the market for violence, lust or • Moral - implies conformity with the generally accepted
AND INDECENT
pornography; standards of goodness or righteousness in conduct or character.
SHOWS
c. Offend any race or religion; • Indecency - It is an act against the good behavior and a just
d. Tend to abet traffic in and use of prohibited drugs; an delicacy.
e. Are contrary to law, public order, morals, good customs, established policies, • Obscene - Means something offensive to chastity, decency, or
lawful orders, decrees and edicts. delicacy
4. Those films, prints, engravings, sculptures or literature which are offensive to morals.
• There is no more vagrancy. We only have prostitution which
is committed by women who, for money or profit, habitually
PROSTITUTES: indulge in sexual intercourse or lascivious conduct.
1. They are women who habitually indulges in: • Art. 202 is NOT applicable to minors. Persons below eighteen
VAGRANTS AND
202 a. Sexual intercourse, or (18) years of age shall be exempt from prosecution for the
PROSTITUTES
b. Lascivious conduct. crimes of vagrancy and prostitution under Art. 202 of the RPC,
2. For profit or money of mendicancy under PD 1563, and sniffing of rugby under PD
1619, such prosecution being inconsistent with the United
Nations Convention on the Rights of the Child
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CRIMINAL LAW REVIEW
BOOK TWO
7 - CRIMES COMMITTED BY PUBLIC OFFICERS
CRIME ELEMENTS
OTHER NOTES
• any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of
WHO ARE PUBLIC
203 public functions in the Government of the Philippine Islands, of shall perform in said Government or in any of its branches public duties as an
OFFICERS
employee, agent or subordinate official, of any rank or class, shall be deemed to be a public officer.
• mere error on the part of the judge acting in good faith, he
KNOWINGLY RENDERING
204 Judge cannot be charged with knowingly rendering an unjust
UNJUST JUDGMENT
judgment.
JUDGMENT RENDERED
205 Judge • Judgment is manifestly unjust
THROUGH NEGLIGENCE
That he performs any of the following acts: •
UNJUST INTERLOCUTORY a. knowingly renders unjust interlocutory order or decree;
206 Judge
ORDER b. renders a manifestly unjust interlocutory order or
decree through inexcusable negligence or ignorance.
MALICIOUS DELAY IN THE •
207 ADMINISTRATION OF Judge
JUSTICE
1. That the offender is a public officer or officer of the law who •
PROSECUTION OF has a duty to cause the prosecution of, or to prosecute offenses.
OFFENSES; NEGLIGENCE 2. That there is a dereliction of the duties of his office; that is
AND TOLERANCE a. knowing the commission of the crime, he does not
public
208 cause the prosecution of the criminal or
officer
[DERELICTION OF DUTY b. knowing that a crime is about to be committed, he
IN THE PROSECUTION OF tolerates its commission.
OFFENSES] 3. That the offender acts with malice and deliberate intent to favor
the violator of the law
ACTS PUNISHED
1. By causing damage to his client, either by –
a. Malicious breach of professional duty; or by
• For committing any of the three acts enumerated under Art.
b. Inexcusable negligence; or
BETRAYAL OF TRUST BY 209, the said attorney or the said lawyer can be charged both
Attorney or 2. By revealing any of the secrets of his client learned by him
209 AN ATTORNEY OR criminally (under Art. 209) and administratively (under CPR).
solicitor in his professional capacity; or
SOLICITOR These are cumulative remedies – one does not exclude the
3. By undertaking the defense of the opposing party in the
other.
very same case, after undertaking the defense of the first party
or having obtained confidential information from said party –
except when there is consent on the part of the first party.
1. The offender is a public officer; • If there is no relation between the bribe or the consideration
2. The offender commits any of the following acts: and the performance of his official duties, it is another crime,
a) By agreeing to perform, or by performing, in but it is not the crime of direct bribery. It is necessary that
Public
210 DIRECT BRIBERY consideration of an offer, promise, gift or present, an act the crime was given in connection with the performance
officer
constituting a crime in connection with the of his official duty.
performance of his official duties; or • Either he is the one who received it, or another person in his
favor.
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BOOK TWO
b) By accepting any gift or present in consideration for the • Under the first act, if the thing the public officer is being
execution of an act which does not constitute a crime tasked to do is to commit an act constituting a crime, mere
in connection with the performance of his official duties; agreement will suffice. Mere acceptance of the offer will
c) By agreeing to refrain or by refraining from doing an suffice. It is not necessary that he actually received the money,
act which it is his official duty to do, in consideration of bribe or consideration. It is not necessary that he actually
an offer, promise, gift or present. performs the said criminal act.
• The same principle holds on the third act. Under the third
act, if the act the public officer is being tasked to do is to
NOTE: NO COMPLEXITY OF CRIMES IN DIRECT BRIBERY refrain from doing his official duty because of the
If under the first act and under the third act the public officer consideration given, mere agreement will suffice. Mere
actually performs the criminal act, or actually refrains from doing acceptance of the offer so as not to perform the official duty
his duty, aside from direct bribery, it will constitute another crime. will suffice.
You do not complex it. It will constitute a separate and distinct • The first and the third act have the same principle, but not
charge use under Art. 210, the penalty for direct bribery shall be the second act. Under the second act, for direct bribery to
in addition to any liability attaching to the said public officer for arise, it is necessary that there must be actual acceptance of
the crime agreed upon. the gift or present, or of the consideration.
1. The offender is a public officer; • Indirect bribery is committed when the offender is a public
2. That he accepts gifts; officer and he accepts a gift or present by reason of the public
Public 3. That the gifts are offered to him by reason of his office. office or by reason of the public position that he holds.
211 INDIRECT BRIBERY
officer • If he received the said gift or present, he becomes liable for
NOTE: There is no attempted or frustrated stages, because here, indirect bribery. If he does not receive the said gift or present,
a public officer is not being tasked to do an act. then he is not liable of any crime.
1. The offender is a public officer in charge of law enforcement;
Public
2. The said public officer does not arrest or prosecute an
officer in
211- offender who has committed a crime punished by reclusion • Note: The Supreme Court said a public prosecutor is not in
QUALIFIED BRIBERY charge of
A perpetua and/or death; charge with the enforcement of the law.
law
3. The reason is because of the gift, present or consideration
enforcement
given.
RA ANTI-GRAFT AND CORRUPT •
3019 PRACTICES ACT
1. The offender makes or offers promises or gifts or presents
• Therefore, there is such a crime as Attempted Corruption of
to a public officer; and
Public Officials. As held in the case of Pozar v. People, GR L-
CORRUPTION OF PUBLIC Giver of the 2. That the offers or promises are made or the gifts or the gifts
212 62439, October 23 ,1984, the opening phrase in Article 212,
OFFICIALS Bribe or presents given to a public officer, under circumstances that
“the same penalties imposed upon the public officer
will make the public officer liable for direct bribery or
corrupted”.
indirect bribery.
2. That he should have taken advantage of his office, that is he
intervened in the transaction of his official capacity;
3. That he entered into an agreement with any interested party
1. That the • CASE: Take note if there is already an allocation of budget. If
(par. 1) or speculator or made use of any other scheme with regard to:
offender is a there is no allocation of budget yet, and the treasury paid
213 FRAUDS AGAINST THE a. furnishing supplies;
public more than what should have been paid, the treasury is
PUBLIC TREASURY b. the making of contracts;
officer defrauded. Hence, the crime committed is Article 213 (1).
c. the adjustment or settlement of accounts relating to
public property or funds.
4. That the accused had intent to defraud the Government.
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BOOK TWO
1. That the offender is a public officer entrusted with the

collection of taxes, licenses, fees and other imposts; and • Under the first act, a mere demand of any amount different
2. He is guilty of any of the following acts or omissions: from that which is authorized by law whether it is higher or
a. Demanding, directly or indirectly, the payment of sums lower will already give rise to a crime. The law does not
Collecting
(par. 2) different from or larger than those authorized by law; require that payment be made.
Public
ILLEGAL EXACTION b. Failing voluntarily to issue a receipt, as provided by • Under the third act, if the law requires that payment must be
officer
law, for any sum of money collected by him officially; or made in cash, do not accept any payment other than that in
c. Collecting or receiving, directly or indirectly, by way of cash. Otherwise, the said public officer will be liable for Illegal
payment or otherwise, things or objects of a nature Exaction.
different from that provided by law.
1. That the offender is a public officer.
Public 2. That he takes advantage of his official functions.
214 OTHER FRAUDS •
officer 3. That he commits any of the frauds or deceit enumerated in
Articles 315 to 318 (estafa/swindling)
1. That the offender is an appointive public officer;
2. That he becomes interested directly or indirectly in any
appointive
transaction of exchange or speculation;
PROHIBITED public
215 3. That the transaction takes place within the territory subject •
TRANSACTIONS officer;
to his jurisdiction; and
4. That he becomes interested in the transaction during his
incumbency.
PERSONS LIABLE:
- Public 1. Public officer who, directly or indirectly, became interested in
officer any contract or business in which it was his official duty to
- Experts, intervene;
POSSESSION OF
arbitrators, 2. Experts, arbitrators and accountants who, in like manner,
216 PROHIBITED INTEREST BY •
accountants took part in any contract or transaction connected with the
A PUBLIC OFFICER
- Guardians, estate or property in the appraisal, distribution, or
executors adjudication of which they had acted; and
3. Guardians and executors with respect to the property
belonging to their wards or the estate
• An accountable public officer is a public officer, who, by reason
of the duties of his office, has received public funds and
property that he has the obligation to account for later to the
1. Offender be a public officer;
State
2. He had custody or control of funds by reason of the duties of
• Demand is not an element.
his office;
• Under Art. 217, if demand is made to an accountable public
Accountable 3. Those funds and property were public funds and property for
MALVERSATION OF PUBLIC officer of funds and property and the same is not forthcoming,
217 Public which he was accountable; and
FUNDS AND PROPERTY the law creates a prima facie presumption that the public
officer 4. The offender either:
officer has malversed the public funds and property
a. appropriated, took, misappropriated or consented; or
b. through his abandonment or negligence, he permitted • In the crime of malversation of public funds, all that is
another person to take them. necessary for conviction is proof that the accountable officer
had received the public funds and that he failed to account
for the said funds upon demand without offering a
justifiable explanation for the shortage.
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1. Offender is a public officer, whether in the service or separated

therefrom;
2. He must be an accountable public officer for public funds or
FAILURE OF ACCOUNTABLE accountable
property;
218 OFFICER TO RENDER public •
3. He is required by law or regulation to render accounts to the
SEPARATE ACCOUNTS officer
Commission on Audit, or to a provincial Auditor; and
4. He fails to do so for a period of two months after such
accounts should be rendered.
FAILURE OF A 1. Offender is a public officer; He must be an accountable officer
RESPONSIBLE PUBLIC accountable for public funds or property;
219 OFFICER TO RENDER officer for 2. He must have unlawfully left (or be on point of leaving) the •
ACCOUNTS BEFORE public funds Philippines without securing from the Commission on Audit a
LEAVING THE COUNTRY certificate showing that his accounts have finally been settled.
• To compare, in Malversation under Art. 217, The public
officer appropriated, took or misappropriated public
funds for his own personal use;
• Under 220, The public officer applied the public funds
and property to another public use other than that to
which it has been appropriated by law or ordinance.
• Technical Malversation is mala prohibita; it becomes
1. Offender is a public officer;
criminal because positive law forbids its commission
TECHNICAL 2. There is public fund or property under his administration;
Accountable based on public policy and order. Thus, good faith is
MALVERSATION 3. Such public fund or property has been appropriated by law
220 Public not a defense
or ordinance; and
Officer • Abdulla v. People: The Supreme Court said that in order
(mala prohibita) 4. He applies the same to a public use other than that for which
for technical malversation to lie against a public officer,
such fund or property has been appropriated by law or ordinance.
it is necessary that there must be a law or ordinance
appropriating the funds allegedly technically malversed.
• In the absence of a law or ordinance appropriating
the finds allegedly technically malversed, the use of
the funds for another public purpose will not bring
about a conviction for violation of Art. 220—
technical malversation.
FAILURE OR REFUSAL TO
MAKE DELIVERY OF
221 • He maliciously fails to make payment or delivery
PUBLIC FUNDS OR
PROPERTY
MALVERSATION MAY BE COMMMITTED BY PRIVATE
INDIVIDUALS:
1. those in conspiracy w/ an accountable public officer who is
guilty of malversation
OFFICERS INCLUDED IN
Private 2. private individuals, who, in any capacity whatsoever, have
222 THE PRECEDING •
Individuals charge of any national, provincial, or municipal funds, revenue
PROVISIONS
or property;
3. administrator or depositary of funds or property attached,
seized or deposited by public authority even if such property
belongs to a private individual
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BOOK TWO
Plunder is committed by any public officer who by himself are in

connivance with members of his family, relatives, or affinity by
RA consanguinity, business associates, subordinates, or any other
ANTI-PLUNDER ACT •
7080 persons, amasses, accumulates, acquires ill-gotten wealth through
a combination or series of overt acts in the aggregate amount or
total value of at least P50,000,000.00.
2. He has in his custody or charge a prisoner, either detention
1. Offender
prisoner or prisoner by final judgment;
CONNIVING WITH OR is a public
223 3. Such prisoner escaped from his custody;
CONSENTING TO EVASION officer; INFIDELITY IN THE CUSTODY OF PRISONERS
4. That the offender was in connivance with the prisoner in
the latter’s escape, or is with his consent.
• Whether it is under Art. 223, 224, or 225, the offender in
1. Offender 2. He is charged with the conveyance or custody of a prisoner,
EVASION THROUGH infidelity in the custody of prisoner must be the said person
224 is a public either detention prisoner or prisoner by final judgment;
NEGLIGENCE who has been entrusted with the custody of the prisoner.
officer; 3. Such prisoner escapes through his negligence.
• If he is not the custodian, he is not entrusted with the custody
2. Conveyance (or charge) of custody of prisoner or person under
of the said prisoner, and he connives and consents with the
ESCAPE OF PRISONER arrest is confided to him;
1. Offender escape of the prisoner, we studied that, it is under Art. 156,
UNDER THE CUSTODY OF A 3. Prisoner or person under arrest escapes
225 is a private delivering prisoners from jail.
PERSON NOT A PUBLIC 4. Offender consents to the escape of the prisoner or person
individual;
OFFICER under arrest or that the escape takes place through his
negligence.
2. He removes, destroys, or conceals documents or papers; INFIDELITY IN THE CUSTODY OF DOCUMENTS
1. Offender
REMOVAL, CONCEALMENT 3. Said documents or papers should have been entrusted to such
is a public
226 OR DESTRUCTION OF public officer by reason of his office; • Of the three crimes (Art 226, 227, 228), it is only under art.
officer;
DOCUMENTS 4. Damage, whether serious or not, to a third party or to the public 226 wherein damage or intent to cause damage is an element.
interest should have been caused. • The damage to third person, or to public interest must be
1. Offender 2. He is charged with the custody of papers or property; actual. There must be an actual damage but not necessarily
227 OFFICER BREAKING SEAL is a public 3. These papers or property are sealed by proper authority; and pecuniary, or material damage. Mere alarm to the public
officer; 4. He breaks the seals or permits them to be broken. because of the concealment, destruction, or removal of the said
document is sufficient.
• The said removal of the said document must be for an illicit
purpose, an illegal purpose.
• Concealment, when you say concealment, it means that the
2. Any closed papers, documents, or objects are entrusted to his said document in custody of the said public officer are not
1. Offender custody; forwarded to their destination. It is not necessary that they
OPENING OF CLOSED
228 is a public 3. He opens or permits to be opened said closed papers, are secreted in a place where they could not be found. What
DOCUMENTS
officer ; documents or objects; and is necessary is that they did not reach their place of
4. He does not have proper authority. destination. They were concealed.
• When you say destruction, it is equivalent to rendering the
said document useless, or the obliteration of the said
document. Complete destruction of the said document is
not necessary for the crime to arise.
I. By revealing any secrets known to the offending public • Damage, great or small be caused to the public interest
REVELATION OF SECRETS officer by reason of his official capacity. • Damage is an element of the offenses defined in 229. A higher
229
BY AN OFFICER II. By delivering wrongful papers or copies of papers of which penalty is provided if serious damage is caused otherwise a
he may have charge and which should not be published. lower penalty is imposed.
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CRIMINAL LAW REVIEW
BOOK TWO
• If the offender is a lawyer – Art. 209 is committed

PUBLIC OFFFICER • If the offender is a Private individual – Art. 290/291 is
230 REVEALING SECRETS OF committed
PRIVATE INDIVIDUAL • It is not necessary that damage is suffered by Private
Individual
2. There is judgment, decision, or order of a superior authority;
3. Such judgment, decision or order was made within the scope
1. Offender
of the jurisdiction of the superior authority and issued with all • In order for open disobedience to arise, it is necessary that
is a judicial
231 OPEN DISOBEDIENCE the legal formalities; and the refusal must be clear, manifest, it must be intentional, not
or executive
4. Offender without any legal justification openly refuses to a mere omission arising from oversight or mislook.
officer;
execute the said judgment, decision or order which he is duty
bound to obey.
2. That an order is issued by his superior for execution.
DISOBEDIENCE TO ORDER
3. That he has for any reason suspended the execution of such
OF SUPERIOR OFFICER
order.
232 WHEN SAID ORDER WAS •
4. That his superior disapproves of the suspension of the
SUSPENDED BY INFERIOR
execution of the order.
OFFICER
5. That the offender disobeys his superior despite the
disapproval of the suspension.
2. That a competent authority demands from the offender that he
• It is essential that there must be damage to the public interest
233 REFUSAL OF ASSISTANCE lend his cooperation towards the administration of justice or other
or to a third party, great or small.
public service.
3. That the offender fails to do so maliciously
1. That the offender is elected by popular election
Elected 2. That he refuses to be sworn in or to discharge the duties of
REFUSAL TO DISCHARGE • refusal to discharge the duties of an appointive office is not
234 Public the said office.
ELECTIVE OFFICE covered by this Article.
Official 3. That there is no legal motive for such refusal to be sworn in
or to discharge the duties of said office
1. That the offender is a public officer or employee.
2. That he has under his charge a prisoner or detention
prisoner. • It is necessary that the maltreated prisoner be under the
3. That he maltreats such prisoner in either of the following charge of the officer maltreating him
manners: • Maltreatment refers not only to physical but also to moral,
a. By overdoing himself in the correction or handling of psychological and other kinds of maltreatment because of the
public a prisoner or detention prisoner under his charge phrases “physical injuries and damage caused” and “cruel or
MALTREATMENT OF
235 officer or either – humiliating manner”
PRISONERS
employee i. By the imposition of punishments not • Maltreatment of prisoners cannot be complexed with
authorized by the regulation, or other crimes
ii. By inflicting such punishments (those • QUALIFYING CIRCUMSTANCES: if the purpose of the
authorized) in a cruel and humiliating manner; maltreatment is to extort a confession or to obtain some
or information from the prisoner
b. By maltreating such prisoner to extort a confession or
to obtain some information from the prisoner
• Torture shall be treated as a separate and independent
ANTI-TORTURE ACT
criminal act whose penalty shall be imposable without
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CRIMINAL LAW REVIEW
BOOK TWO
prejudice to any other criminal liability arising from any

domestic or international laws.
236 ANTICIPATION OF DUTIES OF A PUBLIC OFFICE •
237 PROLONGING PERFORMANCE OF DUTIES AND POWERS •
• It is necessary for the crime to arise, in abandoning his
position, he resigned but it was not yet accepted, and it
resulted into the detriment of public service. The crime of
abandonment of public office is qualified if the office is
abandoned in order to evade the discharge of the public
officer’s duty of preventing, prosecuting, or punishing any of
2. The said offender tendered his resignation from his position;
ABANDONMENT OF OFFICE public the crimes under Title 1 and Chapter 1 of Title 3 of the RPC
238 3. His resignation has not yet been accepted by his superior;
OR POSITION officer (Crimes Against Public Order).
4. The public officer already abandons his office to the detriment
• In case of Abandonment of Office under Article 238, the
of public service.
public officer abandons the office in order to evade the
discharge of his duty to prosecute any crime.
• Whereas, in case of Article 208, the public officer does not
abandon his office. He merely fails to prosecute a violator
of the law.
1. That the offender is an executive or judicial officer;
2. That the offender:
executive or
USURPATION OF a. Makes general rules and regulations beyond the scope of
239 judicial •
LEGISLATIVE POWERS his authority;
officer
b. Attempts to repeal a law; or
c. Suspend the execution thereof.
1. That the offender is a judge;
USURPATION OF a. Assumes the power exclusively vested to executive
240 judge •
EXECUTIVE FUNCTIONS authorities of the Government; or
b) Obstructs executive authorities from the lawful
performance of their functions.
• It can only be committed by a public officer of the Executive
holding 1. That the offender is holding office under the Executive Branch; Branch of the Government. Therefore, if the person who
office under 2. That the offender: assumes judicial power does not belong to the Executive
USURPATION OF JUDICIAL
241 the a. Assumes the power exclusively vested in the Judiciary; or Branch, but belongs to the legislative branch, the crime is not
FUNCTIONS
Executive b) Obstructs the execution of any order or decision given by Usurpation of Judicial Function but USURPATION OF PUBLIC
Branch a judge within his jurisdiction. FUNCTION AND OFFICIAL AUTHORITY under Article 177.
Articles 239, 240, and 241 are specific as to the offenders.
1. That the offender is a public officer;
2. That a proceeding is pending before such public officer;
DISOBEYING REQUEST FOR public 3. That there has been a question regarding the jurisdiction
242 •
DISQUALIFICATION officer brought before the proper authority;
4. There is a question brought before the proper authority
regarding his jurisdiction, which is yet to be decided.
ORDERS OR REQUESTS BY 1. That the offender is an executive officer;
executive
243 EXECUTIVE OFFICERS TO 2. That the offender addresses any order or suggestion to any •
officer
ANY JUDICIAL AUTHORITY judicial authority;
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CRIMINAL LAW REVIEW
BOOK TWO
3. That the order or suggestion relates to any case or business

within the exclusive jurisdiction of the courts of justice.
2. He nominates or appoints a person to a public office;
UNLAWFUL public
244 3. Such person lacks the legal qualification thereof; •
APPOINTMENTS officer
4. Offender knows that his nominee or employee lacks the
qualifications at the time he made the nomination or appointment.
1. That the offender is a public officer;
• This is committed by any public officer who solicits or
2. That he solicits or makes any indecent or immoral advances to
makes immoral or indecent advances to any woman who
a woman;
is interested in any matter pending before him, with
3. That the offended party is a woman who is:
which he has to make a decision, with which he has to
a. Interested in matters pending before the public officer for
consult a superior authority.
his decision or where the public officer is required to
public • Likewise, it is committed by any warden against any
245 ABUSES AGAINST CHASTITY submit a report or to consult with a superior officer; or
officer woman who is under his custody.
b. Under the custody of the offender, who is a warden or
• Likewise it is committed by any warden against the wife,
other public officer directly charged with the care and
sister, or daughter of a male prisoner under his custody.
custody of prisoners or persons under arrest; or
• The essence of the crime is the making immoral and indecent
c. The wife, daughter, sister or any relative falling within the
same degree of affinity of the person under the custody solicitation by the public officer against the victim or offended
and charge of the offender (mother is not included here). party. Here, the offended party is always a woman.
J.CARRASCO
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8 - CRIMES AGAINST PERSONS
CRIME ELEMENTS
OTHER NOTES
1. That a person is killed;
2. That the deceased is killed by the accused;
246 PARRICIDE 3.That the deceased is the father, mother, or child, whether legitimate or illegitimate, •
legitimate other descendant, legitimate other ascendant, or legitimate spouse of the
accused.
1. That a legally married person or a parent surprises his spouse or his daughter, the
DEATH OR
latter under 18 years of age and living with him, in the act of committing sexual
PHYSICAL
intercourse with another person;
INJURIES
247 2. That the said legally married spouse he or she kills any or both of them or inflicts •
INFLICTED UNDER
upon any or both of them any serious physical injury in the act or immediately thereafter;
EXCEPTIONAL
3. That he has not promoted or facilitated the prostitution of his wife or daughter, or
CIRCUMSTANCES
that he or she has not consented to the infidelity of the other spouse.
1. A person kills another;
2. The said act of killing is attended by any of the following qualifying circumstances.
a. When the act of killing is done with treachery, taking advantage of superior
strength, with the aid of armed men, employing means to weaken the defense,
or employing means or persons to insure or afford impunity;
b. When the act of killing is done in consideration of price, reward, or promise;
c. When the act of killing is done by means of fire, inundation, poison, explosion,
shipwreck, stranding of a vessel, derailment, or assault upon a railroad, fall of
248 MURDER an airship, by means of motor vehicles, or by any other means involving great •
waste and ruin.
d. When the act of killing is done on occasion of any calamities enumerated in
paragraph c above, or on occasion of an earthquake, eruption of a volcano,
destructive cyclone, epidemic, or any other public calamities.
e. When the act of killing is done with evident premeditation; or
f. When the act of killing is done with cruelty, by deliberately and inhumanly
augmenting the suffering of the victim or by outraging or scoffing at his person
or corpse.
249 1. That a person was killed; •
2. That the accused killed him without any justifying circumstance;
HOMICIDE 3. That the accused had the intention to kill, which is presumed;
4. That the killing was not attended by any of the qualifying circumstances of murder,
or by that of parricide or infanticide.
250 GRs: •
PENALTY 1. Courts may impose a penalty two degrees lower for frustrated
PARRICIDE, 2. Courts may impose a penalty three degrees lower for attempted
MURDER, OR
HOMICIDE XPN: An attempt on, or a conspiracy against, the life of the Chief Executive, etc., is
punishable by death (PD No. 1110-A, Sec. 1)
Primary reference: San Beda Memory Aid; Prosec G 2023 Notes c/o Golden Nuggets BY: J.CARRASCO
J.CARRASCO
CRIMINAL LAW REVIEW
BOOK TWO
1. There be several persons •

2. They did not compose groups organized for the common purpose of assaulting and
attacking each other reciprocally;
DEATH CAUSED IN 3. These several persons quarreled and assaulted one another in a confused and
251 A TUMULTUOUS tumultuous manner;
AFFRAY 4. That someone was killed in the course of the affray;
5. It cannot be ascertained who actually killed the deceased;
6. The person or persons who inflicted serious physical injuries or who used violence
can be identified.
1. There is a tumultuous affray; •
PHYSICAL
2. A participant or some participants thereof suffer serious physical injuries or physical
INJURIES
injuries of a less serious nature only;
252 INFLICTED IN
3. The person responsible thereof cannot be identified;
TUMULTUOUS
4. All those who appear to have used violence upon the person of the offended party are
AFFRAY
known.
TWO WAYS OF COMMITTING THE CRIME: •
GIVING
1.) By assisting another to commit suicide whether the suicide is consummated or not;
253 ASSISTANCE TO
2.) By lending assistance to another to commit suicide to the extent of doing the killing
SUICIDE
himself.
ILLEGAL •
1. That the offender discharges a firearm against or at another person;
254 DISCHARGE OF
2. That the offender has no intention to kill that person.
FIREARMS
• If it is the woman herself who kills her child
less than three (3) days old or 72 hours
Infanticide is committed when the person killed is a child less than three (3) days old
because she wanted to conceal her dishonor,
255 INFANTICIDE Any person or less than 72 hours. In case of infanticide, it is the age of the victim that is controlling.
such concealment of dishonor is a privileged
The victim must be less than three (3) days old or 72 hours.
mitigating circumstance which will lower the
imposable penalty.
1. There is a pregnant woman;
2. Violence is exerted, or drugs or beverages be administered, or that the accused
otherwise acts upon such pregnant woman.
3. As a result of the use of violence or drugs or beverages upon her, or any other act of
the accused, the fetus dies, either in the womb of after having been expelled therefrom.
• In case of intentional abortion, the intent of
4. The abortion is intended.
INTENTIONAL the offender is to expel the fetus from the
256
ABORTION womb of the said woman. The act can be
WAYS OF COMMITTING INTENTIONAL ABORTION
done either with or without violence.
1. By inflicting violence upon the person of a pregnant woman;
2. By acting, without violence and without consent of the pregnant woman, by
administering abortive drugs or beverage on the said pregnant woman.
3. By acting, without violence and with consent of the pregnant woman, by administering
abortive drugs or beverage on the said pregnant woman.
1. There is a pregnant woman; • Unintentional abortion can only be committed
2. violence is used upon such pregnant women without intending an abortion; by inflicting violence, physical force upon a
UNINTENTIONAL
257 3. the violence is intentionally exerted; and woman which resulted to the said
ABORTION
4. as a result of the violence, the fetus dies, either in the womb or after having been unintentional abortion of the fetus inside her
expelled therefrom. womb.
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BOOK TWO
1. there is a pregnant woman who has suffered abortion;

ABORTION
2. the abortion is intended;
PRACTICED BY
3. the abortion is caused by –
258 THE WOMAN •
a. the pregnant woman herself;
HERSELF OR HER
b. any other person with her consent;
PARENTS
c. any of your parents, with her consent for the purpose of concealing her dishonor.
• Dispensing of abortives is committed by a
pharmacist who shall dispense an abortive
without a prescription from a physician. The
ABORTION
- physician 1. There is a pregnant woman who suffered an abortion; mere act of dispensing the said abortives
PRACTICED BY A
- midwife 2. The abortion is intended; without prescription from a physician will
PHYSICIAN OR
259 - pharmacist 3. Offender, who must be a physician or midwife, causes or assists in causing, the hold the said pharmacist criminally liable.
MIDWIFE AND
(dispensing of abortion; • It is not required that the abortive be used.
DISPENSING OF
abortives) 4. Said physician or midwife takes advantage of his or her scientific knowledge or skill. The mere act of dispensing abortive without a
ABORTIVES
prescription coming from a physician will
already make the said pharmacist criminally
liable under Art. 259.
ACTS PUNISHED:
RESPONSIBILITY - Principals
1. By killing one’s adversary
260 OF PARTICIPANTS - Accomplices •
2. By inflicting upon such adversary physical injuries.
IN A DUEL. (as seconds)
3. By making a combat although no physical injuries have been inflicted.
ACTS PUNISHABLE:
1. Challenging another to a duel
CHALLENGING TO - Challenger
261 2. Inciting another to give or accept a challenge to a duel •
A DUEL - Instigators
3. Scoffing at or decrying another publicly for having refused to accept a challenge to
fight a duel
TWO WAYS OF COMMITTING MUTILATION:
I. By intentionally mutilating another, partially or totally, of any organ necessary for
reproduction. It is the ovary insofar as the woman is concerned. It is the penis
262 MUTILATION •
insofar as the man is concerned.
II. By intentionally mutilating another, totally or partially, of any other parts of the
body.
ACTS PUNISHED
I. When the injured person becomes insane, imbecile, impotent or blind in consequence
of the physical injuries inflicted.
II. When the injured person:
a. Loses the use of speech or the power to hear or to smell, or loses an eye, a
SERIOUS hand, a foot, an arm, or a leg, or
263 PHYSICAL b. Loses the use of any such member, or •
INJURIES c. Becomes incapacitated for the work in which he was theretofore habitually
engaged, in consequence of the physical injuries inflicted.
III. When the person injured:
a. Becomes deformed, or
b. Loses any member of his body, or
c. Loses the use thereof, or
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d.Becomes ill or incapacitated for the performance of the work in which he was
habitually engaged for more than 90 days, in consequence of the physical
injuries inflicted.
IV. When the injured person becomes ill or incapacitated for labor for more than 30 days
(but not more than 90 days), as a result of physical injuries inflicted. The moment it is
already more than 30 days, it is already serious physical injuries.
• QUALIFYING CIRCUMSTANCES
1. When there is manifest intent to insult or
offend the injured person.
2. When there are circumstances adding
LESS SERIOUS 1. Offended party is incapacitated for labor for 10 days or more (but not more than 30
ignominy to the offense.
264 PHYSICAL days), or needs medical attendance for the same period of time.
3. When the victim is the offender’s parents,
INJURIES 2. The physical injuries must not be those described in the preceding articles.
ascendants, guardians, curators, or teachers.
4. When the victim is a person of rank or
persons in authority, provided the crime is not
direct assault.
I. Physical injuries which incapacitated the offended party for labor from 1 to 9
days, or required medical attendance for the same period.
SLIGHT PHYSICAL
II. Physical injuries which did not prevent the offended party from engaging in
265 INJURIES OR •
his habitual work or which did not require medical attendance.
MALTREATMENT
III. Ill treatment of another by deed by inflicting pain without causing any injury
on the part of the offended party.
1. The offender is a man and the offended party is a woman;
2. The offender had carnal knowledge of the said woman against her will; and
3. The said act of carnal knowledge is attended by any of the following circumstances:
RAPE BY CARNAL a. By using force, threat, or intimidation;
Man •
KNOWLEDGE b. When the offended party is deprived of reason, or otherwise, unconscious;
c. By means of fraudulent machination or grave abuse of authority; or
d. When the offended party is under 16 years of age or is demented, even if none
of the circumstances previously mentioned is present.
1. The offender is any person, and the offended party is also any person;
2. The offender commits any of the following acts of sexual assault upon the victim:
266
a. By inserting his penis into another person’s mouth or anal orifice; or
-A
b. By inserting any instrument or object into another person’s genital or anal
orifice.
RAPE BY SEXUAL
Any person 3. The said act of carnal knowledge is attended by any of the following circumstances: •
ASSAULT
c. By using force, threat, or intimidation;
d. When the offended party is deprived of reason, or otherwise, unconscious;
e. By means of fraudulent machination or grave abuse of authority; or
f. When the offended party is under 16 years of age or is demented, even if none
of the circumstances previously mentioned is present.
Marital rape occurs when a man (husband) has carnal knowledge with a woman (wife)
MARITAL RAPE •
by use of force and violence.
1. the fact of carnal knowledge; and
STATUTORY RAPE 2. that the victim is under 16 years old. Regardless of consent, if these two elements are •
proven, it is statutory rape.
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266
•
-B
266
•
-C
266
•
-D
RA ANTI-CHILD
•
7610 ABUSE LAW
CHILD
PROSTITUTION
•
AND OTHER
SEXUAL ABUSE
1. The offended party is a woman and/or her child;
2. The woman is either –
ANTI-VIOLENCE a. The wife
RA AGAINST WOMEN b. Former wife of the offender
•
9262 AND THEIR c. With whom the offender has or had a sexual or dating relationship or
CHILDREN ACT d. With whom the offender has a common child; and
3. The offender causes on the woman and/or her child mental or emotional anguish; and
4. The anguish is caused through acts of psychological violence.
Hazing — refers to any act that results in physical or psychological suffering, harm, or
injury inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite
or practice made as a prerequisite for admission or a requirement for continuing • In the case of Dungo v. People, Supreme Court
RA
ANTI-HAZING LAW membership in a fraternity, sorority, or organization. This shall also include any activity, said, the crime of hazing is malum prohibitum
8049
intentionally made or otherwise, by one person alone or acting with others, that tends and not mala in se.
to humiliate or embarrass, degrade, abuse, or endanger, by requiring a recruit, neophyte,
applicant, or member to do menial, silly, or foolish tasks.
ANTI-
TRAFFICKING IN •
PERSONS ACT
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9 - CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
CRIME ELEMENTS
OTHER NOTES
1. The offender is a private individual;
2. He kidnaps or detains another or in any other manner depriving him of his liberty;
3. The said kidnapping or detention is without legal ground; and
KIDNAPPING AND 4. The said kidnapping or detention is attended by any of the following circumstances –
267 SERIOUS ILLEGAL - private person a. when the kidnapping or detention shall have lasted for more than 3 days; •
DETENTION b. if it is committed by simulating public authority;
c. if any serious physical injuries have been inflicted on the person kidnapped or detained
or threats to kill him have been made; or
d. if the person kidnapped or detained is a female, a public officer, or a minor.
1. The offender is a private individual.
2. He kidnaps or detains another, or in any other manner deprives him of his liberty.
SLIGHT ILLEGAL
268 3. The act of kidnapping or detention is illegal. •
DETENTION
4. The crime is committed without the attendance of any of the circumstances enumerated in
Art. 267.
1. Offender arrests or detains another person.
269 UNLAWFUL ARREST 2. The purpose of the offender is to deliver him to proper authorities. •
3. The arrest or detention is not authorized by law or there is no reasonable ground therefor.
KIDNAPPING AND 1. Offender is entrusted with the custody of a minor person (whether over or under 7 years but
270 FAILURE TO RETURN A less than 21 years of age); •
MINOR 2. He deliberately fails to restore the minor to his parents or guardians.
INDUCING A MINOR TO 1. A minor is living in the home of his parents or guardian or persons entrusted with his custody.
271 •
ABANDON HIS HOME 2. Offender induces said minor to abandon such home.
• QUALIFYING CIRCUMSTANCE: If
the purpose of the offender is to
1. The offender purchases, sells, kidnaps or detains a human being. assign the offended party to
272 SLAVERY
2. The purpose of the offender is to enslave such human being. some immoral traffic
(prostitution), the penalty is
higher.
1. Offender retains a minor in his service.
EXPLOITATION OF 2. It is against the will of the minor.
273 •
CHILD LABOR 3. It is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian
or any person entrusted with the custody of the child.
SERVICES RENDERED 1. Offender compels a debtor to work for him, either as household servant or farm laborer.
274 UNDER COMPULSION IN 2. It is against the debtor’s will. •
PAYMENT OF DEBT 3. The purpose is to require or enforce payment of a debt.
ABANDONMENT OF
ACTS PUNISHED
PERSON IN DANGER
275 I. Failing to render assistance to any person two whom the offender found in an •
AND ABANDONMENT
uninhabited place wounded or in danger of dying when he can render such assistance
OF ONE'S OWN VICTIM
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without detriment to himself, unless such omission shall constitute a more serious
offense.
II. Failing to render help or assistance to another whom the offender has accidentally
wounded or injured.
III. Failing to deliver a child under seven (7) years of age whom the offender has found
abandoned, to the authorities or to his family, or failing to take him to a safe place.
1. Offender has the custody of the child.
2. Child is under 7 years of age.
276 ABANDONING A MINOR •
3. He abandons such child.
4. He has no intent to kill the child when the latter is abandoned.
ACTS PUNISHED
1. ABANDONMENT OF A CHILD BY A PERSON ENTRUSTED WITH HIS CUSTODY. It is committed
ABANDONMENT OF
by any person who, having entrusted with the living and education of a minor, shall deliver a
MINOR BY PERSON
minor to a public institution or other persons without the consent of the person who entrusted
ENTRUSTED WITH HIS
277 such minor to the care of the offender or, in his absence, without the consent of the proper •
CUSTODY;
authorities.
INDIFFERENCE OF
2. INDIFFERENCE OF PARENTS. It is committed by any parent who neglects any of his children
PARENTS
by not giving them the education which their station in life requires and financial capability
permits.
ACTS PUNISHED
1. Causing any boy or girl under 16 to engage in any dangerous feat of balancing, physical
strength or contortion, the offender being any person.
2. Employing children under 16 years of age who are not the children or descendants of the • If the delivery of the said child is
offender in exhibitions of acrobat, gymnast, rope walker, diver, or wild animal tamer, the offender on the basis of a consideration,
being an acrobat, etc., or circus manager or person engaged in any of said callings. compensation or money, the
EXPLOITATION OF 3. Employing any descendants under 12 years of age in dangerous exhibitions enumerated on penalty will be QUALIFIED.
278
MINORS the next preceding paragraph, the offender being engaged in any of the said callings. • Mere act of delivering the child
4. Delivering a child under 16 years of age gratuitously to any person if any of the callings gratuitously under 16 years of
enumerated in paragraph 2, or to any habitual vagrant or beggar, the offender being an age means that the crime is
ascendant, guardian, teacher, or a person entrusted in any capacity with the care if such child. already committed.
5. Including any child under 16 years of age to abandon the home of its ascendants, guardians,
curators or teachers to follow any person entrusted in any of the callings mentioned in paragraph
2 or to accompany any habitual vagrant or beggar, the offender being any person.
279 ADDITIONAL PENALTIES FOR THEIR OFFENSES •
1. Offender is a private individual.
- private person 2. He enters the dwelling of another. • In case of trespass to dwelling,
- public officer 3. Such entry is against the latter’s will. the offender is a private person.
QUALIFIED TRESPASS
280 acting in his • If the offender is a public officer,
TO DWELLING
private QUALIFYING CIRCUMSTANCE the crime committed is Violation
capacity. If the offense is committed by means of violence or intimidation, it is qualified trespass to of Domicile under Art. 128.
dwelling.
1. The offender enters the closed premises or the fenced estate of another.
OTHER FORMS OF 2. The entrance is made while either of them is uninhabited.
281 •
TRESPASS 3. The prohibition to enter must be manifest, yet the offender enters.
4. The trespasser has not secured the permission of the owner of the caretaker thereof.
282 GRAVE THREATS ACTS PUNISHED •
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1. By threatening another with the infliction upon his person, honor or property or that of his
family of any wrong amounting to a crime coupled with the demand of money or the imposition
of any other
family of any wrong amounting to a crime, coupled with the demand of money or the imposition
of any condition, the offender not having attained his purpose.
family of any wrong amounting to a crime, the threat not being subject to a demand of money
or the imposition of a condition.
• The crime is Light Threats when
the offender threatens to commit
1. Offender makes a threat to commit a wrong. a wrong to another which does
2. The wrong does not constitute a crime. not amount to a crime but is
283 LIGHT THREATS
3. There is demand for money or that other condition is imposed, even though not unlawful. always coupled with the demand
4. The offender has attained his purpose or, that he has not attained his of money or imposition of any
other condition, whether lawful
or unlawful.
• The law imposes the penalty of
bond for good behavior only in
case of grave and light threats. If
BOND FOR GOOD Bond for good behavior means the posting of bond on the part of the accused in order to
284 the offender can not post the
BEHAVIOR guarantee that he will not molest the offended party. It is in the nature of an additional penalty.
bond, he will be banished by way
of destierro to prevent him from
carrying out his threat.
ACTS PUNISHED
1. By threatening another with a weapon or drawing such weapon in the course of a quarrel,
• Other Light Threats is only a
unless it be done in lawful self-defense.
285 OTHER LIGHT THREATS light felony. The penalty is only
2. By orally threatening another in the heat of anger with some harm amounting to a crime but
arresto menor.
without the offender persisting in the idea involved in his threat.
3. By orally threatening another to do some wrong which does not constitute a felony.
a) by means of violence, threat or intimidation, prevents another from doing an act not
prohibited by law. He prevents another from doing a lawful ac [PREVENTIVE COERCION]
b) compels another to do an act against his will, whether it be right or wrong, by means
of violence, threat or intimidation. [COMPULSIVE COERXION]
2. That the prevention or compulsion be effected by violence, either by material force or such a • If the wrong threatened to be
display of it as would produce intimidation and control over the will of the offended party. committed on the offended party
286 GRAVE COERCION 3. That the person that restrained the will and liberty by another had not the authority of law is immediate, personal and
or the right to do so, or, in other words, that the restraint shall not be made under authority of impending to happen, the crime
law or in the exercise of any lawful right committed is coercion.
1. If the coercion is committed in violation of the exercise of the right of suffrage.
2. If the coercion is committed to compel another to perform any religious act.
3. If the coercion is committed to prevent another from performing any religious act.
1. The offender must be a creditor.
287 LIGHT COERCIONS •
2. He seizes anything belonging to his debtor.
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3. The seizure of the thing be accomplished by means of violence or a display of material force
producing intimidation.
4. The purpose of the offender is to apply the same to the payment of the debt.
OTHER SIMILAR
I. By forcing or compelling directly or indirectly or knowingly permitting the forcing or
COERCIONS;
compelling any employee or laborer to buy merchandise or commodities from the said
(COMPULSORY
employer.
288 PURCHASE OF •
II. By paying the wages due to the laborer or employees by any tokens or object other than
MERCHANDISE AND
the legal tender currency of the Philippines unless to be requested by the said employee
PAYMENT OF WAGES
or laborer.
BY MEANS OF TOKENS.)
FORMATION,
MAINTENANCE AND
1. The offender employs violence or threats, in such a degree as to compel or force laborers or
PROHIBITION OF
employers in the free and legal exercise of their industry or work.
289 COMBINATION OF •
2. The purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers
CAPITAL OR LABOR
or lockout of employers.
THROUGH VIOLENCE OR
THREATS
1. Offender is a private individual or even a public officer not in the exercise of his official • Art. 290 is not applicable to
function. parents, guardians or persons
2. He seizes the papers or letters of another. entrusted with the custody of
DISCOVERING SECRETS 3. The purpose is to discover the secrets of such another person. minors placed under their care
290 THROUGH SEIZURE OF 4. The offender is informed of the contents of the papers or letters seized. and custody, nor to spouses with
CORRESPONDENCE respect to the papers or letters
QUALIFYING CIRCUMSTANCE of either of them.
When the offender reveals the contents of such paper or letters to another person, the penalty • This Article does not require that
is qualified. the offended party be prejudiced.
REVEALING SECRETS 1. The offender is a manager, employee, or servant.
• Damage is not necessary under
291 WITH ABUSE OF OFFICE 2. He learns the secrets of his principal or master in such capacity.
this Article.
3. He reveals such secrets.
1. The offender is a person in charge, employee or workman of a manufacturing or industrial
establishment.
REVELATION OF 2. The manufacturing or industrial establishment has a secret of the industry which the offender
292 •
INDUSTRIAL SECRETS has learned.
3. The offender reveals such secrets.
4. That prejudice is caused by the owner.
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10 - CRIMES AGAINST PROPERTY
CRIME ELEMENTS
OTHER NOTES
• It is necessary that the subject of the unlawful
Any person who, with intent to gain, shall take any personal property belonging to another, taking must belong to another person because
by means of violence or intimidation of any person, or using force upon anything shall be the law requires that there was, on the part
guilty of robbery. of the offender, intent to gain. If the thing the
offender has taken is his own property, not
WHO ARE GUILTY Elements of Robbery belonging to another, it cannot be said that
293 Any person
OF ROBBERY 1. That there be unlawful taking. he was ignited by intent to gain.
2. The thing taken is a personal property belonging to another. • TWO WAYS OF COMMITTING ROBBERY:
3. The act of taking is done with intent to gain. 1. Violence Against or Intimidation of Persons
4. The act of taking is done with either violence against or intimidation of persons or by under Art. 294.
means of force upon things. 2. Force upon Things under Art. 299 and Art.
302.
ACTS:
1. When by reason or on occasion of the robbery, the crime of homicide is committed.
2. When robbery is accompanied by rape or intentional mutilation or arson.
3. When by reason or on occasion of such robbery, any of the physical injuries resulting in
insanity, imbecility, impotency or blindness is inflicted.
4. When by reason or on occasion of robbery, any of the physical injuries resulting in the
• ACTS PUNISHED:
loss of the use of speech or the power to hear or to smell, or the loss of an eye, a hand, foot,
ROBBERY WITH 1. Robbery with Homicide;
an arm, or a leg or the loss of the use of any such member or incapacity to go to work in
VIOLENCE 2. Robbery with Rape,
which the injured person is thereto habitually engaged is inflicted.
AGAINST OR 3. Robbery with Intentional Mutilation,
294 5. If violence or intimidation employed in the commission of the robbery is carried to a
INTIMIDATION OF 4. Robbery with Arson
degree clearly unnecessary for the commission of the crime.
PERSONS; 5. Robbery with Serious Physical Injuries
6. When in the course of its execution, the offender shall have inflicted upon any person not
PENALTIES 6. Robbery with Unnecessary Violence, and
responsible for the commission of the robbery any of the physical injuries in consequence of
7. Simple Robbery
which the person injured becomes deformed or loses any other member of his body or loses
the use thereof or becomes ill or incapacitated for the performance of the work in which he
is habitually engaged for more than 90 days or the person injured becomes ill or incapacitated
for labor for more than 30 days.
7. If violence employed by the offender does not cause any of the serious physical injuries
defined in Article 263, or if the offender employs intimidation only.
If any of the offenses defined in subdivisions 3, 4 and 5 of Art 294 is committed:
QUALIFIED 1. In an uninhabited place
ROBBERY WITH 2. By a band
295 •
VIOLENCE OR 3. By attacking a moving train, street car, motor vehicle or airship
INTIMIDATION 4. By entering the passenger’s compartments in a train, or in any manner taking the
passengers thereof by surprise in the respective conveyances
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5. On a street, road, highway or alley and the intimidation is made with the use of firearms,
the offender shall be punished by the max period of the proper penalties prescribed in art
294
Acts Punishable:
1. When at least four armed malefactors take part in the commission of a robbery, it is
deemed committed by a band
ROBBERY BY A
296 2. When any of the arms used in the commission of robbery is not licensed •
BAND
3. Any member of a band who was not present at the commission of a robbery by a band,
shall be punished as principal of any of the assaults committed by the band, unless it be
shown that he attempted to prevent the same
When by reason or on occasion of an attempted or frustrated robbery a homicide is
ATTEMPTED AND committed.
FRUSTRATED
297 •
ROBBERY WITH Special Complex Crime:
HOMICIDE Robbery with homicide and attempted or frustrated robbery with homicide are special
complex crimes governed by the special provisions Articles 294 and 297.
EXECUTION OF 1. That the offender has intent to defraud another.
DEEDS BY MEANS 2. That the offender compels him to sign, execute, or deliver any public instrument or • Art 298 is not applicable if the document is
298
OF VIOLENCE OR document. void.
INTIMIDATION 3. That the compulsion is by means of violence or intimidation.
1. That the offender entered
a. an inhabited house, or
b. public buildings, or
ROBBERY IN AN
c. edifice devoted to religious worship
INHABITED TWO KINDS OF ROBBERY UPON THINGS:
2. That the entrance was effected by any of
HOUSE OR 1. Robbery in an inhabited house or public
the following means:
299 PUBLIC BUILDING building or edifice devoted to religious worship
a. Through an opening not intended for entrance or egress.
OR EDIFICE 2. Robbery in uninhabited place or in a private
b. By breaking any wall, roof, or floor or breaking any door or window.
DEVOTED TO building
c. By using false keys, picklocks or similar tools or.
WORSHIP
d. By using any fictitious name or pretending to exercise public authority.
3. Once inside the building, the offender took personal property belonging to another with
intent to gain.
Acts punishable:
1. Where robbery with violence against or intimidation of persons is committed by a band
or in an uninhabited place, the crime becomes qualified.
ROBBERY IN AN
2. The two qualifications (uninhabited place and by a band) must concur.
UNINHABITED
300 3. The place is considered uninhabited when it is not used as a dwelling. It may refer to a •
PLACE AND BY A
building or a house which is not used as a dwelling.
BAND
a) If a house is inhabited and its owners or occupants temporarily leave the place to
take a short vacation in another place, their casual absence will not make the place
or house uninhabited.
WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING OR BUILDING DEDICATED TO RELIGIOUS WORSHIP AND THEIR
301 •
DEPENDENCIES
1. That the offender is inside a dwelling house, public building, or edifice devoted to religious
ROBBERY IN AN
worship, regardless of the circumstances under which he entered it
302 UNINHABITED •
2. That the offender takes personal property belonging to another, with intent to gain, under
PLACE OR IN A
any of the following circumstances:
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PRIVATE a. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed
BUILDING furniture or receptacle; or
b. By taking such furniture or object away to be broken or forced open outside the
place of the robbery
• It must be noted that this provision only
applies when force upon things is used. If
303 ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING
there is violence against or intimidation of
persons, the proper provision is Article 294.
POSSESSION OF 1. The offender has in possession picklocks or similar tools.
• If the person who makes such tools is a
304 PICKLOCKS OR 2. These tools must be especially adopted to the commission of the robbery.
locksmith, the penalty is higher.
SIMILAR TOOLS 3. The offender does not have a lawful cause for possession of these items.
"False keys" are deemed to include:
• Possession of false keys here not punishable.
1. The tools mentioned in the next preceding articles.
• If the original key was entrusted, then not
305 FALSE KEYS 2. Genuine keys stolen from the owner.
punishable under this article as it is not a
3. Any keys other than those intended by the owner for use in the lock forcibly
picklock or similar tool.
opened by the offender.
1. There are at least four armed persons;
2. They formed a band of robbers;
3. The purpose is any of the following:
306 BRIGANDAGE •
a. To commit robbery in the highway;
b. To kidnap persons for the purpose of extortion or to obtain ransom; or
c. To attain by means of force and violence any other purpose.
1. There is a band of brigands.
2. The offender knows the band to be of brigands.
AIDING AND
3. The offender does any of these acts:
ABETTING A
307 a) In any manner aids, abets, or protects the brigands •
BAND OF
b) Gives them information of the movements of police or other peace officers of the
BRIGANDS
govt
c) He acquires or receives property taken by such brigands.
• THEFT IS LIKEWISE COMMITTED BY:
1. Any person who, having found lost
property, shall fail to deliver the same to the
local authorities or to the owner thereof;
1. Taking of personal property 2. Any person who, after having maliciously
2. Property belongs to another damaged the property of another, shall
3. Done with an intent to gain remove or make use of the fruits or objects
308 THEFT 4. Done without the consent of the owner of the damage caused by him; and
5. Taking is done without violence or intimidation of persons or force upon things. 3. Any person who shall enter the fenced or
enclosed estate or field of another where
trespass is forbidden or which belongs to
another and, without the consent of its owner,
shall hunt or fish upon the same or shall
gather fruits, cereals, or any other forest or
farm products.
309 PENALTIES OF THEFT •
QUALIFIED QUALIFYING CIRCUMSTANCES:
310 •
THEFT 1. When theft is committed by a domestic servant;
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2. When the theft committed with grave abuse of confidence;

3. When the thing or property taken is a (a) motor vehicle, (b) mail matter, or (c) large
cattle;
4. When the thing or property taken consists of coconuts taken from the premises of the
plantation;
5. When the property stolen is taken from a fishpond or fishery;
6. When property is stolen on the occasion of fire, earthquake, typhoon, volcanic eruption,
or any other calamity, vehicular accident, or civil disturbance.
RA ANTI- If the thing taken is a motor vehicle, then the crime committed is carnapping. It is a violation
•
10883 CARNAPPING ACT of R.A. No. 10883.
If the thing taken is large cattle, the crime committed is Cattle Rustling under P.D. 533 or
the Anti-Cattle Rustling Law. • The Supreme Court said that cattle rustling is
NOT malum prohibitum. Although cattle
PD ANTI-CATTLE CATTLE RUSTLING rustling is punished by P.D. 533, a special law,
553 RUSTLING LAW The act of taking any large cattle by any means, method, or scheme, without the consent of it is a crime malum in se because it is an
the owner, caretaker, or overseer thereof, with or without intent to gain, with or without amendment to Article 310 and Article 309 of
violence against or intimidation of persons or use of force upon things. If the thing taken is the RPC.
large cattle, the act committed is a violation of P.D. 533, the Anti-Cattle Rustling Law.
311 THEFT OF PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM •
• ACTS PUNISHABLE:
1. That the offender takes possession of any real property or usurps any real rights in
OCCUPATION OF 1. Taking possession of any real property
property.
REAL PROPERTY belonging to another by means of violence
2. That the real property or real rights belong to another.
312 OR USURPATION against or intimidation of persons
3. That violence against or intimidation of persons is used by the offender in occupying real
OF REAL RIGHTS 2. Usurping any real rights in property
property or usurpation of real rights in property.
IN PROPERTY belonging to another by means of violence
4. That there is intent to gain.
against or intimidation of persons.
ALTERING 1. That there be boundary marks or monuments of towns, provinces, or estates, or any other
313 BOUNDARIES OR marks intended to designate the boundaries of the same. •
LANDMARKS 2. That the offender alters said boundary marks.
1. Offender is a debtor and he has obligations due and payable
2. He absconds his property
FRAUDULENT 3. There is prejudice to his creditors
314 • Real property may be involved
INSOLVENCY
Contemplates the transfer of disposing of the offender’s property to keep it out of reach
of his creditors resulting in the non-enforcement of a writ of execution
PUNISHABLE ACTS:
• For as long as the offender has the onerous
(a) By altering the substance, quantity, or quality or anything of value which the offender
obligation to deliver something of value to
shall deliver by virtue of an obligation to do so, even though such obligation be based on an
another person, he should not alter its
immoral or illegal consideration.
quantity, its quality, or its substance. Any
ESTAFA WITH (b) By misappropriating or converting, to the prejudice of another, money, goods, or any
alteration would bring about a violation of
315 UNFAITHFULNESS other personal property received by the offender in trust or on commission, or for
Estafa under Article 315 (1)(a)
(1) OR ABUSE OF administration, or under any other obligation involving the duty to make delivery of or to
• Under Article 315 (1)(a), it can either be
CONFIDENCE return the same, even though such obligation be totally or partially guaranteed by a bond;
based on legal or illegal consideration. The
or by denying having received such money, goods, or other property.
law does not take into consideration that it
(c) By taking undue advantage of the signature of the offended party in blank, and by writing
must always be legal. Even if the
any document above such signature in blank, to the prejudice of the offended party or of any
consideration is immoral or illegal, still, estafa
third person.
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BOOK TWO
is committed if there is an alteration or

substitution
• For Estafa to arise it is necessary that both
physical or material possession and juridical
possession has been received by the offender
upon receipt of the money, goods, or other
personal property.
FIVE PUNISHABLE ACTS:
(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications,
property, credit, agency, business or imaginary transactions, or by means of other similar
deceits.
(b) By altering the quality, fineness or weight of anything pertaining to his art or business.
• ELEMENTS OF SYNDICATED ESTAFA
(c) By pretending to have bribed any Government employee, without prejudice to the action
1. Any act of Estafa under Article 315 or 316
ESTAFA BY for calumny which the offended party may deem proper to bring against the offender. In this
is committed;
MEANS OF FALSE case, the offender shall be punished by the maximum period of the penalty.
2. It is committed by group of five (5) persons
PRETENSES OR (d) By post-dating a check, or issuing a check in payment of an obligation when the offender
acting as a syndicate;
FRAUDULENT therein were not sufficient to cover the amount of the check. The failure of the drawer of
3. The defraudation consists in the
315 ACTS EXECUTED the check to deposit the amount necessary to cover his check within three (3) days from
misappropriation of money contributed by
(2) PRIOR TO OR receipt of notice from the bank and/or the payee or holder that said check has been
the stockholders or members of the
SIMULTANEOUSLY dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit
corporation, rural banks, cooperatives,
WITH THE constituting false pretense or fraudulent act. (As amended by R.A. 4885, approved June 17,
"samahang nayon(s)", or farmers'
COMMISSION OF 1967.)
associations, or of funds solicited by
FRAUD (e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding
corporations/associations from the general
house, lodging house, or apartment house and the like without paying therefor, with intent
public.
to defraud the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant,
boarding house, lodging house, or apartment house by the use of any false pretense, or by
abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant,
boarding house, lodging house or apartment house after obtaining credit, food, refreshment
or accommodation therein without paying for his food, refreshment or accommodation.
PUNISHABLE ACTS:
ESTAFA
(a) By inducing another, by means of deceit, to sign any document.
315 THROUGH
(b) By resorting to some fraudulent practice to insure success in a gambling game. •
(3) FRAUDULENT
(c) By removing, concealing or destroying, in whole or in part, any court record, office files,
MEANS
document or any other papers.
OTHER FORMS OF SWINDLING CAN BE COMMITTED BY THE FOLLOWING:
a) Any person who, pretending to be owner of any real property, shall convey, sell, encumber
or mortgage the same.
b) Any person, who, knowing that real property is encumbered, shall dispose of the same,
although such encumbrance be not recorded.
c) The owner of any personal property who shall wrongfully take it from its lawful possessor,
OTHER FORMS OF
316 to the prejudice of the latter or any third person. •
SWINDLING
d) Any person who, to the prejudice of another, shall execute any fictitious contract.
e) Any person who shall accept any compensation given him under the belief that it was in
payment of services rendered or labor performed by him, when in fact he did not actually
perform such services or labor.
f) Any person who, while being a surety in a bond given in a criminal or civil action, without
express authority from the court or before the cancellation of his bond or before being
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CRIMINAL LAW REVIEW
BOOK TWO
relieved from the obligation contracted by him, shall sell, mortgage, or, in any other manner,
encumber the real property or properties with which he guaranteed the fulfillment of such
obligation.
1. That the offender takes advantage of the inexperience or emotions or feelings of the minor
2. That he induces the minor to:
a. Assume an obligation
b. To give release
SWINDLING A c. To execute a transfer of any property right
317 •
MINOR 3. That the consideration is
a. Some loan of money
b. Credit
c. Other personal property
4. That the transaction is to the detriment of such minor
Who is liable?
a) Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes,
318 OTHER DECEITS or take advantage of the credulity of the public in any other similar manner; •
b) If the offender commits any act of swindling, any act of deprivation not punishable under
Art. 315, 316 and 317, it is punishable under Art. 318 – Other Deceits.
[FIRST ACT]
1. That personal property is mortgaged under the Chattel Mortgage Law.
2. That the offender knows that such property is so mortgaged.
3. That he removes such mortgaged personal property to any province or city other than the
one in which it was located at the time of the execution of the mortgage.
4. That the removal is permanent.
REMOVAL, SALE
5. That there is no written consent of the mortgagee or his executors, administrators or
OR PLEDGE OF
319 assigns to such removal. •
MORTGAGED
PROPERTY
[SECOND ACT]
1. That personal property is already pledged under the terms of the Chattel Mortgage Law.
2. That the offender, who is the mortgagor of such property, sells or pledges the same or any
part thereof.
3. That there is no consent of the mortgagee written on the back of the mortgage and noted
on the record thereof in the office of the register of deeds.
DESTRUCTIVE
• PEOPLE v. MALNGAN: The Supreme Court
ARSON Arson - malicious destruction of property by fire (
said there is no complex crime of arson
with homicide even if in the course of
Articles 320 to Destructive Arson — contemplates the malicious burning of structures, both public and
burning the house, property, dwelling,
326-B are private, hotels, buildings, edifices, trains, vessels, aircraft, factories and other military,
building of another, someone is killed. The
repealed or government or commercial establishments by any person or group of persons which is
reason given by the Supreme Court is that
amended by P.D. punishable by reclusion perpetua to death
320 Article 320 of the Revised Penal Code, with
No. 1613.
respect to destructive arson, and PD 1613,
GENERAL ELEMENTS OF ARSON:
with respect to simple arson, provide only
The provisions of 1. Corpus delicti, which is a fire by reason of criminal agency.
one penalty for the commission of arson
P.D. No. 1613 2. The identity of the accused as the one responsible for the fire.
whether considered as destructive or simple
which are
KINDS OF ARSON when death results. According to the Supreme
inconsistent with
1. Simple Arson (Sec. 1, P.D. No. 1613) Court, arson is itself the end and the death is
R.A. No. 7659
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(such as Sec. 2 of 2. Destructive Arson (Art. 320, as amended by R.A. No. 7659) simply a consequence. Therefore, there is no
P.D. No. 1613) are 3. Other cases of arson (Sec. 3, P.D. No. 1613) complex crime of arson with homicide.
deemed repealed.
CASES: INTENT OF THE OFFENDER
• If the house is burned because the offender intended to destroy the property of
another, and in the course thereof someone is killed inside without the knowledge
of the offender, the crime committed is arson – simple arson, destructive arson and
the fact of death is simply absorbed.
• If, however, the intent of the offender is to kill the victim who is inside his house,
in order to kill him, he burned the house, the crime committed is murder because
the killing is done by means of fire.
• If the offender killed the victim, and after killing the victim the said offender
brought the deceased body of the victim inside the house and set the house on fire
to conceal the said act of killing, there are two crimes committed: one is murder
for having killed the victim and the other one is arson for burning the house after
placing the deceased victim in order to conceal the crime.
1. That another property was damaged; • Under Art. 327, any person who shall
MALICIOUS 2. That the damage was deliberately caused; deliberately cause the property of another
327
MISCHIEF 3. That the damage does not constitute the crime of any damage not constituting arson shall be
arson. guilty of malicious mischief.
ACTS PUNISHED
1. Causing damage to obstruct the performance of public functions;
SPECIAL CASES 2. Using any poisonous or corrosive substance;
328 OF MALICOUS 3. Spreading any infection or contagion among cattle; •
MISCHIEF 4. Causing damage to the property of the National Museum or National Library, or to any
archive or registry, waterworks, road, promenade, or any other thing used in common by the
public.
OTHER
329 •
MISCHIEFS
Any person
who shall
damage
DAMAGE AND
any
OBSTRUCTION TO QUALIFYING CIRCUMSTANCE:
330 railway, •
MEANS OF Damage shall result in the derailment of cars, collision, or other accident
telegraph
COMMUNICATION
or
telephone
lines.
331 DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS •
Crimes Involved:
1. Theft; 2. Swindling (Estafa); 3. Malicious Mischief (Id., Par. 1)
PERSONS EXEMPT • No criminal liability, but only civil liability
FROM CRIMINAL shall result from the commission of the
Persons Exempt:
332 LIABILITY but crimes of theft, swindling, and malicious
1. Spouses, ascendants, descendants, or relatives by affinity in the same line
not from civil mischief among these persons.
2. The widowed spouse with respect to the property which belonged to the deceased spouse
liability • This applies to common law spouses
before the same shall have been passed into the possession of another; and
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together
J.CARRASCO
CRIMINAL LAW REVIEW
BOOK TWO
11 - CRIMES AGAINST CHASTITY
CRIME ELEMENTS
OTHER NOTES
1. That the woman is married;
2. That she has sexual intercourse with a man not her husband;
3. That she regards the man with whom she has sexual intercourse, he must know her • The offended party must be legally married
to be married to the offender at the time of the criminal
Married woman case.
and the man with MITIGATING CIRCUMSTANCES: • EFFECT OF PARDON: Article 344 requires
333 ADULTERY
whom she had The Criminal liability is mitigated when adultery is committed while being abandoned that - 1. The pardon must come before the
sexual intercourse by her husband without justification. The Supreme Court ruled that when the husband institution of the criminal prosecution; and
is believed to be dead, the wife’s act of giving herself up to the man who lent a helping 2. Both the offenders must be pardoned by
hand during such time of want and need is considered a mitigating circumstance. the offended party.
(People v. Alberto, CA 47 OG 2438)
1. That the offender must be a married man; • Only the wife can file the case because it is
2. That he committed any of the following acts: private crime. The state cannot de officio
a) Keeping mistress in the conjugal dwelling; prosecute the offenders. There must be a
the husband and
334 CONCUBINAGE b) Having sexual intercourse, under scandalous circumstances, with a woman who complaint coming from the private offended
the concubine.
is not his wife; or party, the wife.
c) Cohabiting with her in any other place. • The penalty for a concubine is destierro
3. As regards the woman, she must know him to be married. only, not imprisonment.
335 Rape is amended by RA 2632 and RA 4111, and is now included under Title VIII Crimes against Persons]
1. Offender commits any act of lasciviousness or lewdness.
2. Acts of lasciviousness is committed against a person of either sex.
3. It is done under any of the following circumstances:
ACTS OF
336 Any person a. By using force or intimidation; •
LASCIVIOUSNESS
b. When the offended party is deprived of reason or otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority; or
d. When the offended party is under 16 years of age or is demented.
• Whether it is qualified seduction or simple
seduction, for the crime to arise, there must
[1] Qualified seduction of a virgin
be the element of sexual intercourse or
1. The offended party is a virgin;
carnal knowledge. Without sexual
2. She must be a minor, 16 and over but under 18 (as amended by R.A. 11648)
intercourse or carnal knowledge, there is no
QUALIFIED 3. The offender has sexual intercourse with her; and
337 crime of seduction.
SEDUCTION 4. There is abuse of authority, confidence, or relation on the part of the offender.
• In case of qualified seduction, the sexual
intercourse was allowed by the minor
[2] Seduction of a sister by her brother, or descendant by her ascendant,
because there was: 1. Abuse of authority;
regardless of her age and reputation
2. Abuse of confidence; or 3. Abuse of
relationship
SIMPLE 1. That the offended party is a minor, 16 and over but under 18 years of age (as • In the case of simple seduction, the said
338
SEDUCTION amended by R.A. 11648) woman allowed it because of deceit.
J.CARRASCO
CRIMINAL LAW REVIEW
BOOK TWO
2. That she must be of good reputation, single or widow • Under Art. 338 simple seduction, deceit
3. That the offender has sexual intercourse with her. usually comes in the form of a broken
4. That it is committed by means of deceit. promise of marriage
ACTS OF
The acts of lasciviousness must be committed under circumstances of:
LASCIVIOUSNESS • In this case, the victim is always a woman
1. Abuse of authority
339 WITH THE because the victim in seduction is always a
2. Abuse of confidence
CONSENT OF THE woman.
3. By means of deceit
OFFENDED PARTY
CORRUPTION OF Promoting or facilitating the prostitution or corruption of persons under age to satisfy
340 •
MINORS the lust of another.
Punishable Acts:
1. Engaging in the business of prostitution
WHITE SLAVE
341 2. Profiting by prostitution; and •
TRADE
3. Enlisting the services of women for the
purpose of prostitution
• Sexual intercourse is not an element.
Thus, if after abducting the said woman, the
1. That the person abducted is a woman regardless of her ages; civil status, or said offender would have carnal knowledge
FORCIBLE reputation of the said woman, a crime of rape will
342
ABDUCTION 2. That the abduction is against her will, and result.
3. That the abduction is with lewd design • If the female abducted is under 12, the crime
is forcible abduction, even if she voluntarily
goes with her abductor.
1. That the offended party must be a virgin
2. That she must be over 12 years and under 18 years of age;
CONSENTED
343 3. That the taking away of the offended party must be with her consent after solicitation •
ABDUCTION
of cajolery; and
4. That the taking away of the offended party must be with lewd designs
344 PROSECUTION OF THE CRIMES OF ADULTERY, CONCUBINMATE, SEDUCTION, ABDUCTION, LASCIVIOUSNES. •
CIVIL LIABILITY
Person guilty of rape, seduction or abduction, shall also be sentenced:
OF PERSONS
1. To indemnify the offended woman.
345 GUILTY OF •
2. To acknowledge the offspring, unless the law should prevent him from so doing.
CRIMES AGAINST
3. In every case to support the offspring.
CHASTITY
The ascendants, guardians, curators, teachers and any person who, by abuse of
authority or confidential relationships, shall cooperate as accomplices in the
LIABILITY OF
perpetration of the crimes embraced in chapters, second, third and fourth, of this title,
ASCENDANTS,
shall be punished as principals
GUARDIANS,
TEACHER, OR
Teachers or other persons in any other capacity entrusted with the education and
346 OTHER PERSONAS •
guidance of youth, shall also suffer the penalty of temporary special disqualification in
ENTRUSTED WITH
its maximum period to perpetual special disqualification.
THE CUSTODY OF
THE OFFENDED
Any person falling within the terms of this article, and any other person guilty of
PARTY.
corruption of minors for the benefit of another, shall be punished by special
disqualification from filling the office of guardian.
J.CARRASCO
CRIMINAL LAW REVIEW
BOOK TWO
12 - CRIMES AGAINST THE CIVIL STATUS OF PERSONS
CRIME ELEMENTS
OTHER NOTES
• Simulation of birth- takes place when the woman
pretends to be pregnant when in fact she is not and on
the day of the delivery, takes the child of another as her
ACTS PUNISHED:
own.
I. Simulation of births
SIMULATION OF • If the simulation is done in the birth certificate, the
347 II. Substitution of a child with another
BIRTHS crime committed is simulation of birth
III. Concealing or abandoning any legitimate child with intent to cause
• If the simulation is done in any other document aside
such child to lose its civil status.
from birth certificate, the crime committed is
falsification of a public or private document as the
case may be
USURPATION OF When a person represents himself to be another and assumes the filiation or • The crime is qualified if the purpose is to defraud the
348
CIVIL STATUS the parental or conjugal rights of such another person. offended party or his heirs
349 • One convicted of bigamy may also be prosecuted for
1. Offender has been legally married;
concubinage as both are distinct offenses.
2. The marriage has not been legally dissolved or, in case his or her spouse is
• PERSONS LIABLE AS ACCOMPLICES
absent, the absent spouse could not yet be presumed dead according to the
If they have knowledge of the first marriage, the
BIGAMY Civil Code;
following are liable as accomplices:
3. That he contracts a second or subsequent marriage;
1. Second Spouse; and
4. The second or subsequent marriage has all the essential requisites for
2. Witness who falsely vouches for the capacity of the
validity.
contracting parties.
350 1. Offender contracted marriage; •
2. That he knew at the time that -
a. The requirements of the law were not complied with; or
ILLEGAL b. The marriage was in disregard of a legal impediment
MARRIAGE
If either of the contracting parties obtains the consent of the other by means
of violence, intimidation or fraud.
351 PREMATURE •
MARRIAGE Persons liable
1. A widow who is married within 301 days from the date of the death of her
Repealed by husband, or before having delivered if she is pregnant at the time of his death;
Republic Act No. 2. A woman who, her marriage having been annulled or dissolved, married
10655 before her delivery or before the expiration of the period of 301 days after the
date of the legal separation.
352 PERFORMANCE - Priests or • If the offender is not so authorized to solemnize
OF ILLEGAL ministers of any 1. Offender is Authorized to solemnize marriages marriages, he is liable under Art 177, Usurpation of
MARRIAGE religious sect, or 2. He Performs or authorizes any illegal marriage ceremony Authority
CEREMONY - Civil authorities
J.CARRASCO
CRIMINAL LAW REVIEW
BOOK TWO
13 - CRIMES AGAINST HONOR
CRIME ELEMENTS
OTHER NOTES
1. There must be a defamatory imputation of a crime, vice, or
• A libel is public and malicious imputation of a crime, or of a vice or
defect, whether real or imaginary;
defect, real or imaginary, or any act, omission, condition, status, or
2. The said imputation must be malicious;
353 LIBEL circumstance tending to cause the dishonor, discredit, or contempt
3. There must be publicity of the said defamatory imputation;
of a natural or juridical person, or to blacken the memory of one
and
who is dead.
4. The victim must be identified.
• Absolute Privilege Communication – one which is totally not
actionable, such that, totally you cannot file a case of libel against a
person if there is absolute privilege communication.
• Conditional or Qualified Privilege Communication – the offender
or author can be charged; however, the burden to prove malice lies
Under Art. 354, every defamatory imputation is presumed by
on the said private complainant or the person allegedly defamed. If
law to have malice, to be malicious. This is known as malice in
the said person and the prosecution failed to prove malice on the
REQUIREMENT FOR law. It is the law that presumes the presence of malice, even if
354 part of the author, then it would be an acquittal. This time, the law
PUBLICITY it is true, if there is no good intention, no justifiable motive on
would not presume malice. This is known as malice in fact. It is
the part of the author of the article or statement. An exception
malice which must be proven by the prosecution beyond reasonable
to this is the so-called privilege communications.
doubt; failure to do so, it would be an acquittal.
• Malice in law – presumed by law for every defamatory statement
• Malice in fact – cannot be presumed by law; rather, it must be proven
by the private complainant and the prosecution beyond reasonable
doubt
The means by which libel may be committed:
1. Writing • The word "radio" used in said Art. 355, should be considered in
2. Printing relation to the terms with which it is associated, all of which have a
3. Lithography common characteristic, namely, their permanent nature as a means
LIBEL MEANS BY 4. Engraving of publication. Thus, defaming through an amplifier constitutes the
355 WRITING OR SIMILAR 5. Radio crime of oral defamation or Slander under Art. 358. (People vs.
MEANS 6. Phonograph Santiago, G.R. No. L-17763)
7. Painting • The medium of television is also under the general provision "or any
8. Theatrical exhibitions similar means." [Movie and Television Review and Classification
9. Cinematographic exhibitions Board v. ABC Development Corp., G.R. No. 212670, (2022)]
10. Any similar means - includes defamation in a television
THREATENING TO PUNISHABLE ACTS:
• Felonies where blackmail possible:
PUBLISH AND OFFER 1. By threatening another to publish a libel concerning him, his
1. Light threats. (Art. 283);
356 TO PRESENT SUCH parents, spouse, child or other members of his family
2. Threatening to publish, or offering to prevent the publication of,
PUBLICATION FOR A 2. By offering to prevent the publication of such libel for
a libel for compensation.
COMPENSATION compensation or money consideration
PROHIBITED reporter, 1. That the offender is a reporter, editor or manager of a • This article requires two things to constitute a violation of the
PUBLICATION OF editor or newspaper, daily or magazine. prohibition:
357
ACTS REFERRED TO manager of a 2. That he publishes facts connected with the private life of 1. That the article published contains facts connected with the
IN THE COURSE OF newspaper, another private life of an individual; and
J.CARRASCO
CRIMINAL LAW REVIEW
BOOK TWO
OFFICIAL daily or 3. That such facts are offensive to the honor, virtue and 2. That such facts are offensive to the honor, virtue and reputation
PROCEEDINGS magazine reputation of said person. of said person
1. There must be an imputation of a crime, or of a vice or defect,
real or imaginary, or any act, omission, condition, status, or
circumstance;
2. The imputation must be made publicly;
3. It must be malicious;
• Grave Slander - defamation is of a serious and insulting nature;
4. The imputation must be directed at a natural or juridical
• Simple Slander - light insult or defamation.
person, or one who is dead;
Ex.: words uttered in the heat of anger
SLANDER/ORAL 5. The imputation must tend to cause the dishonor, discredit or
358 • “Putangina mo” is a common expression. Itexpress anger or
DEFAMATION contempt of the person defamed.
displeasure. It is seldom, if ever, taken in its literal sense. [Reyes vs.
FACTORS THAT DETERMINE THE GRAVITY OF THE OFFENSE People, G.R. No. L-21528 (1969)]
1. Expressions used
2. Personal relations of the accused and the
offended party
3. Circumstances surrounding the case
4. Social standing and position of the victim
1. That the offender performs any act not included in any other
• KINDS:
crime against honor
1. Simple slander by deed
2. Such act is performed in the presence of other person or
2. Grave slander by deed (serious in nature)
persons
• UNJUST VEXATION: Irritation or annoyance; anything that annoys
3. Such act casts dishonor, discredit or contempt upon the
or irritates without justification.
359 SLANDER BY DEED offended party.
• SLANDER BY DEED: Irritation or annoyance and attendant publicity
Seriousness of slander depends on: and dishonor or contempt.
1. Social standing of the offended party • ACTS OF LASCIVIOUSNESS: Irritation or annoyance and any of the
2. Circumstances surrounding the act 3 circumstances provided in At. 335 on rape.
3. The occasion
• VENUE OF CRIMINAL AND CIVIL ACTION FOR DAMAGES IN CASES
OF WRITTEN DEFAMATION
1. Where the libelous article is printed and published
PERSON RESPONSIBLE FOR LIBEL 2. Where any of the offended parties actually resides at the time of
1. Person who publishes, exhibits or causes the publication or the commission of the offense
exhibition of any defamation in writing or similar means 3. Where one of the offended parties is a public officer
PERSONS
360 2. The editor of the book or pamphlet a. If his office is in the City if Manila, with the RTC of Manila.
RESPONSIBLE
3. The editor or business manager of a daily newspaper Otherwise, with the RTC of the city/province where he held
magazine or serial publication office at the time of the offense.
4. The owner of the printing plant. b. Or the city/province where the article was 1st published.
4. Where one of the offended parties is a private individual with the
RTC of the province/city where he actually resides at the time of the
crime or where the article was printed or first published.
• REQUISITES FOR ACQUITTAL FROM A LIBEL CHARGE
PROOF OF TRUTH IS ADMISSIBLE WHEN:
1. It appears that the matter charged as libelous is true.
PROOF OF THE 1. The act or omission imputed constitutes a crime regardless
361 2. It was published with good motives and for a justifiable end.
TRUTH of whether the offended party is a private individual or a public
officer
• THREE REQUISITES OF DEFENSE IN DEFAMATION
J.CARRASCO
CRIMINAL LAW REVIEW
BOOK TWO
2. The offended party is a government employee, even if the act 1. If it appears that the matter charged as libelous is true .
or omission imputed does not constitute a crime, provided, it is 2. It was published with good motives.
related to the discharge of his official duties. 3. For justifiable ends
ACTS PUNISHABLE • Persons liable: Author/editor of publication who distorts, mutilates
Author/editor Libelous remarks or comments on privileged matters (under or discolors official proceedings reported by him, or add comments
362 LIBELOUS REMARKS
of publication Art. 354), if made with malice in face, wil not exempt the author thereon to cast aspersion on character of parties concerned is guilty
and editor of libel
1. That the offender performs an act;
INCRIMINATING 2. That by such act he directly incriminates or imputes to an • It is necessary that it must not be made on an affidavit, because if it
363
INNOCENT PERSON innocent person the commission of a crime; and is through an affidavit, it will be perjury
3. That such act does not constitute perjury.
This felony is committed by any person who shall make any
intrigue which has for its principal purpose to blemish the
INTRIGUING AGAINST
364 honor or reputation of another person. It is committed by saying •
HONOR
to others an unattributable thing, that if it is said to the person
himself, slander is committed.
Libel [Sec. 4 (c)(4)]
SEC. 4. Cybercrime Offenses. — The following acts constitute

the offense of cybercrime punishable under this Act:
CYBERCRIME
RA
PREVENTION ACT OF (c) Content-related Offenses: •
10175
2012
(4) Libel. — The unlawful or prohibited acts of libel as
defined in Article 355 of the Revised Penal Code, as
amended, committed through a computer system or any
other similar means which may be devised in the future.
J.CARRASCO
CRIMINAL LAW REVIEW
BOOK TWO
14 – QUASI-OFFENSES
CRIME ELEMENTS
OTHER NOTES
• Imprudence - connotes a deficiency of action. It implies a failure
in precaution or a failure to take the necessary precaution once
the danger or peril becomes foreseen. (Tabao y Perez v. People,
WAYS OF COMMITTING QUASI-OFFENSES: G.R. No. 187246, July 20, 2011)
1. By committing through reckless imprudence any act which, had it been • Negligence - indicates a deficiency of perception. A mere lack of
intentional, would constitute a grave or less grave felony or light felony; prevision in a situation where either the threatened harm is not
2. By committing through simple imprudence or negligence an act which immediate or the danger not openly visible. (Carillo v. People,
would otherwise constitute a grave or a less serious felony; G.R. No. 86890, January 21, 1994)
3. By causing damage to the property of another through reckless • Reckless imprudence - consists in voluntarily, but without
imprudence or simple imprudence or negligence; or malice, doing or failing to do an act from which material damage
4. By causing through simple imprudence or negligence some wrong which, results by reason of inexcusable lack of precaution on the part of
if done maliciously, would have constituted a light felony. the person performing or failing to perform such act, taking into
consideration his employment or occupation, degree of
RECKLESS IMPRUDENCE: intelligence, physical condition and other circumstances regarding
1. That the offender does or fails to do an act persons, time, and place. (Tabao y Perez v. People, G.R. No.
IMPRUDENCE
2. That the doing of or the failure to do that act is voluntary 187246, July 20, 2011)
365 AND
3. That it be without malice; • Simple imprudence - consists in the lack of precaution displayed
NEGLIGENCE
4. That material damage results; in those cases in which the damage impending to be caused is
5. There is inexcusable lack of precaution on the part of the offender, taking not immediate nor the danger clearly manifest. (Art. 365, RPC)
into consideration: • THERE MUST BE INJURY TO PERSON/S OR DAMAGE TO
a. his employment or occupation, PROPERTY AS A RESULT OF THE IMPRUDENCE. The standard
b. degree of intelligence, physical condition, and test in determining whether a person is negligent in doing an act
c. other circumstances regarding persons, time and place whereby injury or damage results to the person or property of
another is this: could a prudent man, in the position of the person
SIMPLE IMPRUDENCE OR NEGLIGENCE: to whom negligence is attributed, foresee harm to the person
1. That there is lack of precaution on the part of the offender; and injured as a reasonable consequence of the course actually
2. That the damage impending to be caused is not immediate or the danger pursued? If so, the law imposes a duty on the actor to refrain
is not clearly manifest. from that course or to take precautions to guard against its
mischievous results, and the failure to do so constitutes
negligence. Reasonable foresight of harm, followed by the
ignoring of the admonition born of this provision, is always
necessary before negligence can be held to exist.
J.CARRASCO

CRIMINAL LAW BOOK 2 - Oatmilk Notes 2023 (Carrasco)

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CRIMINAL LAW REVIEW

1 - CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Offenders are MEMBERS

2 - CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

1. He was not authorized by a judicial order to enter the

3 - CRIMES AGAINST PUBLIC ORDER

1. That the offenders rise

140 PENALTY FOR SEDITION •

• So, if a crime committed by the said member of Congress is

I. By causing any serious disturbances in a public place, office, or

1. The offender is a convict by final judgment;

4 - CRIMES AGAINST PUBLIC INTEREST

3. he has no proper authority therefor

2. The said offender has taken advantage of his official

1. The offender uses a name other than his real name;

1. There is a criminal proceeding;

6 - CRIMES AGAINST PUBLIC MORALS

7 - CRIMES COMMITTED BY PUBLIC OFFICERS

1. That the offender is a public officer entrusted with the

1. Offender is a public officer, whether in the service or separated

Plunder is committed by any public officer who by himself are in

• If the offender is a lawyer – Art. 209 is committed

prejudice to any other criminal liability arising from any

3. That the order or suggestion relates to any case or business

8 - CRIMES AGAINST PERSONS

1. There be several persons •

1. there is a pregnant woman who has suffered abortion;

9 - CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

10 - CRIMES AGAINST PROPERTY

2. When the theft committed with grave abuse of confidence;

is committed if there is an alteration or

11 - CRIMES AGAINST CHASTITY

12 - CRIMES AGAINST THE CIVIL STATUS OF PERSONS

13 - CRIMES AGAINST HONOR

SEC. 4. Cybercrime Offenses. — The following acts constitute

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