RPC Book 2 and Special Penal Laws Elements

REVISED PENAL CODE
BOOK 2
Art. 114 - Treason
Art. 115 Conspiracy and

proposal to commit
treason
Art. 116 Misprision of

treason
Art. 117 Espionage
Art. 118 Inciting to war or

giving motives or
reprisals
Art. 119 - Violation
of Neutrality
Art. 120 Correspondence
with hostile country
Art. 121 - Flight to

enemys country
Art. 122 - Piracy in
general and mutiny
on the high seas or
in Philippine waters
Art. 123 - Qualified

piracy
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

The offender is a Filipino by birth or an alien residing in the Philippines
There is a war in which the Philippines is involved
a. There must be an actual assembly of men
b. For the purpose of executing or effecting a treasonable design by force
3. The offender either:
a. Levies war against the PH government
b. Adheres to the enemies by giving them aid or comfort
Conspiracy:
1. There is a meeting of two or more persons
2. They come to an agreement to commit the crime of treason
3. They decide to commit it
Proposal:
1. A person has decided to commit the crime of treason
2. He proposes its execution to some other person or persons
1. Offender is a Filipino citizen who owes permanent allegiance to the Philippine government
2. That he has knowledge of any conspiracy to commit treason against the government
3. He conceals or fails to disclose of knowledge to commit treason as soon as possible to the
authorities
I.
By entering, without authority therefore, a warship, fort, or naval or military
establishment or reservation to obtain any information, plans, photographs or other data
of a confidential nature, relative to the defense of the Philippines
II.
By disclosing to the representative of a foreign nation the contents of the articles, data or
information referred to in par no. 1 of art. 117, which he head in his possession by
reason of the public office he holds
1. That the offender performs unlawful or unauthorized acts by the Philippine government
2. That the said acts provoke or give occasion for a war involving or liable to involve the
Philippines or expose Filipino citizens to reprisals on their persons and property while they
are in a foreign country
3. He is not legally authorized to do so
1. The crime is committed when there is a war but the Philippines is not involved in the said war
2. The competent authority issued a regulation for the purpose of enforcing neutrality among
Filipino citizens
3. The offender violates such regulation imposed
1. That it is in the time of war in which the Philippines is involved
2. That the offender makes correspondence with an enemy country or any territory occupied by
enemy troops
3. That the correspondence is either
a. Prohibited by the Philippine government
b. Carried on in ciphers or conventional signs
c. Containing notice or information which might be useful to the enemy
1. That there is a war in which the Philippines is involved
2. That the offender must be owing allegiance to the Philippine government
3. That the offender attempts to flee or go to enemys country
4. That going to the enemy country is prohibited by a competent authority
Piracy
1. The vessel is located either in the high seas or on Philippine waters
2. Offenders must be strangers to the vessel, not members of the complement or passengers of
the vessel.
3. Mode of committing piracy:
a. Offenders either attack or seize the vessel
b. Either seize in whole or in part the cargo, the equipment or the personal belongings of
the passengers or members of the complement
Mutiny
1. The vessel is either on the high seas or on Philippine waters
2. The offenders are members of the complement or passengers of the vessel
3. The offenders raise a commotion or disturbance on board the ship against the lawful
command of the captain or the commander of the ship
Qualified piracy
1. The offender seized a vessel by boarding or firing upon the same
2. Offenders abandoned their victims without means of saving themselves
1.
2.
Criminal Law Book 2

Prepared by: Lord Bien G. Lelay and Gena Myrtle P. Terre
UST Law 1A (2015)
3.
Piracy is committed
Four acts
Qualifying
circumstances (for
first two acts)
Terrorism, how
committed
Art. 124 Arbitrary

detention by
detaining a person
without legal
ground
Art. 125 Arbitrary

detention by failing
to deliver the
detained person to
the proper judicial
authorities
Art. 126 Arbitrary
detention by
delaying the release
The crime is accompanied by murder, homicide, physical injuries or rape
Qualified mutiny (acc. to legal luminaries)

1. Offenders have abandoned their victims without means of saving themselves
2. The crime is accompanied by murder, homicide, physical injuries or rape
ANTI-PIRACY AND ANTI-ROBBERY LAW OF 1974 (PD 532)
1. By attacking or seizing the vessel or seizing in whole or in part the cargo, equipment or
personal belongings of the members of the vessel irrespective of the value thereof
2. By mean of force and violence
3. By any person whether he may be a member of the complement or passenger of the vessel
or strangers to the vessel
4. The vessel is on Philippine waters
ANTI-HIJACKING LAW (RA 6235)
I.
By compelling the pilot of an aircraft of Philippine registry to change its course or
destination or by seizing or usurping control thereof while it is in flight
II.
By compelling an aircraft of foreign registry to land in Philippine territory or by seizing or
usurping control thereof while the same is in Philippine territory
III.
By carrying or loading on board a passenger aircraft operating as a public utility in the
Philippines materials or substances which are explosive, flammable, corrosive or
poisonous
By shipping, carrying or loading on board a cargo aircraft operating as a public utility in the Philippines
materials or substances which are explosive, flammable, corrosive or poisonous in a manner not in
accordance with the rules and regulations of the Air Transportation Office (Civil Aeronautics Board)
1. By firing upon the pilot or member of the crew or passenger of the aircraft
2. By exploding or attempting to explode by mean of a bomb or explosive for purposes of
destroying the aircraft
Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape
HUMAN SECURITY ACT OF 2007 (RA 9372)
Under RPC
a. Piracy
b. Rebellion
c. Coup detat
d. Murder
e. Kidnapping and serious illegal detention
f.
Crimes involving destruction
Under special penal laws
a. The Law on Arson
b. Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990
c. Atomic energy Regulatory and Liability Act of 1968
d. Anti-Hijacking Law
e. Anti-piracy and Anti-highway Robbery Law of 1974
f.
Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in,
Acquisition or Disposition of Firearms, Ammunitions or Explosives
CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE
1. Offender is a public officer or employee
2. He detains a person
3. That the detention is without legal grounds
a. When the said offended party was arrested without a warrant of arrest
b. When the said offended party was arrested and his arrest and detention does not fall
under any of the circumstances or a valid warrantless arrest
c. When he is not suffering from violent insanity or any other ailment which requires
compulsory requirement
1. The offender here is a public officer or employee vested with authority to effect arrest and
detain a person
2. That offender has detained a person for some legal ground
3. That the offender fails to deliver the person arrested to the proper judicial authorities within
a. 12 hours, for crimes or offenses punishable by light penalties or their equivalent
b. 18 hours, for crimes or offenses punishable by correctional penalties or their equivalent
c. 36 hours, for crimes or offenses punishable by afflictive or capital penalties or their
equivalent
1. The offender is a public officer or employee
2. That there is a judicial or executive order for the release of the prisoner or detention prisoner,
or that there is a proceeding upon a petition for the liberation of such person
3. That the offender without good/valid reason delays:
Criminal Law Book 2
UST Law 1A (2015)
of prisoner
Art. 127 Expulsion
Art. 128 Violation

of domicile
Art. 129 Search

warrants
maliciously
obtained and abuse
in the service of
those legally
obtained
Art. 130 Searching
domicile without
witnesses
Art. 131
Prohibition,
interruption and
dissolution of
peaceful meetings
Art. 132
Interruption of
religious worship
Art. 133 Offending
the religious
feelings
Art. 134 Rebellion

or insurrection
Art. 134-A Coup

Detat
Art. 135 Penalty
a. The service of the notice of such order to the prisoner

b. The performance of such judicial or executive order for the release of the prisoner
c. The proceeding upon a petition for the release of such prisoner
2. That he commits any of the ff. acts:
a. Expels any person from the Philippines
b. Compels him to change his residence
3. That he has no lawful authority to do so
1. Offender is a public officer or employee acting under the color of authority
2. He was not authorized by a judicial order to enter the dwelling and/or make a search therein
for papers and other effects
3. He either:
a. Enters the dwelling of another against the will of the latter
b. Searching for papers or other effects found therein without the consent of the owner,
c. After having surreptitiously entered the dwelling, being discovered and asked to leave,
he refuses to leave
1. That the offender is a public officer or employee
2. That he procures a search warrant
3. That there is no just cause
---------------I.
By procuring a search warrant without just cause
II.
By exceeding his authority or by using unnecessary severity in executing a search
warrant legally procured
1.
2.
3.
4.
That the offender is a public officer or employee

That he is armed with search warrant legally procured
That he searches the domicile, papers or other belongings of any person
That the owner, or any member of his family, or two witnesses residing in the same locality
are not present
1. Offender is a public officer
2. He committed any of the ff. acts:
a. By prohibiting or by interrupting, without legal ground, the holding of a peaceful meeting,
or by dissolving the same
b. By hindering any person from joining any lawful association or from attending any of its
meetings
c. By prohibiting or hindering any person from addressing, either alone or together with
others, any petition to the authorities for the correction of abuses or redress of
grievances
3. That the peaceful meeting is for any lawful purpose
2. There is a religious ceremony or manifestations of any religion are about to take place or are
going on
3. That the offender prevents or disturbs the said religious worship or religious ceremony
1. Committed by a public officer or employee or a private individual
2. He performs the acts complained of:
a. In a place devoted to religious worship
b. During the celebration of any religious ceremony
3. That the acts must be notoriously offensive to the feelings of the faithful
CRIMES AGAINST PUBLIC ORDER
1. There must be:
a. Public uprising
b. Taking arms against the government
2. That the purpose of the uprising or movement is either
a. To remove from the allegiance to said government or its laws:
(1) The territory of the Philippines or any part thereof
(2) Any body of land, naval, or other armed forces
b. To deprive the Chief Executive or Congress, wholly or partially, of any of their powers or
prerogatives
1. That the offender is a person or persons belonging to the military or police or holding any
public office or employment
2. That it is committed by means of a swift attack accompanied by violence, intimidation, threat,
strategy, or stealth
3. That the attack is directed against duly constituted authorities of the Republic of the
Philippines, or any military camp or installation, communication networks, public utilities or
other facilities needed for the exercise and continued possession of power
4. That the purpose of the attack is to seize or diminish state power
The ff. are liable:
Criminal Law Book 2
UST Law 1A (2015)
for rebellion,
insurrection or coup
detat
Art. 136
Conspiracy and
proposal to commit
coup detat,
rebellion or
insurrection
Art. 137 Disloyalty
of public officers or
employees
Art. 138 Inciting to
rebellion or
insurrection
Art. 139 Sedition
Art. 140 Penalty

for sedition
Art. 141
Conspiracy to
commit sedition
Art. 142 Inciting to
sedition
Art. 143 Acts

tending to prevent
I.
II.
The leaders
1. Any person who promotes, maintains, or heads a rebellion or insurrection
2. Any person who leads, directs or commands others to undertake a coup detat
The participants
1. Any person who participates, or executes the commands of others in rebellion, or
insurrection
2. Any person in the government service who participates, or executes directions or
commands of others in undertaking a coup detat
3. Any person not in the government service who participates, supports, finances,
abets, or aids in undertaking a coup detat
Conspiracy
1. There are two or more persons
2. They come to an agreement concerning the commission of rebellion
3. They decide to commit it
Proposal
1. A person decides to commit rebellion
2. He proposes its execution to another person
I.
By failing to resist a rebellion by all the means in their power
II.
By continuing to discharge the duties of their offices under the control of the rebels
III.
By accepting appointment to office under them
1.
Offender is any person who does not take up arms or is not in open hostility with the
government
2. He incites others to uprise for any of the purposes of rebellion/to the execution of any of the
acts of rebellion
3. By means of speeches, proclamations, writings, emblems, banners or other representations
tending to the same end
1. That the offender rise publicly and tumultuously
2. That they employ force, intimidation or other means outside of legal methods
3. That the offenders employ any of the ff. objectives:
a. To prevent the promulgation or execution of any law or the holding of any popular
election
b. To prevent the national government, or any provincial or municipal government or any
public officer thereof from freely exercising its or his functions, or prevents the execution
of any administrative order
c. To inflict any act of hate or revenge upon the person or property of any public officer or
employee
d. To commit, for any political or social end, any act of hate or revenge against private
persons or any social class, 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
Persons liable
1. The leader of the sedition
2. Other persons participating in the sedition
* No crime of proposal to commit sedition
1.
2.
3.
The offender is not a participant (does not take direct part) in the crime of sedition
He incites others to uprise for any of the purposes of sedition
By means of speeches, proclamations, writings, emblems, cartoon, banners, or other
representation tending to the same end. Acts of inciting to sedition:
a. Inciting others to the accomplishment of any of the acts which constitute sedition by
means of speeches, proclamations, writings, emblems, etc.
b. Uttering seditious words or speeches which tend to disturb public peace
c. Writing, publishing or circulating scurrilous libels against the government, or any of the
duly constituted authorities thereof, which tend to disturb the public peace
The second and third acts are punishable when:

1. They tend to disturb or obstruct any lawful officer in executing the functions of his office
2. They tend to instigate others to cabal and meet together for unlawful purposes
3. They suggest or incite rebellious conspiracies or riots
4. They lead or tend to stir up the people against the lawful authorities or to disturb the peace of
the community, the safety and order of the government
1. There is a projected or actual meeting of the Congress
2. Offender, by means of force or fraud, prevents such meeting
Criminal Law Book 2
UST Law 1A (2015)
the meeting of the

assembly and
similar bodies
Art. 144
Disturbance of
proceedings
3.
4.
1.
2.
Art. 145 Violation

of parliamentary
immunity
3.
I.
II.
Art. 146 Illegal

assembly
I.
II.
Art. 147 Illegal

associations
I.
II.
Art. 148 Direct

Assault
Offender is any person

He prevents the meeting of the Congress or any of its committees, or constitutional
committees or any provincial city or municipal board
A meeting of Congress or of any of its committees or subcommittees, constitutional
commissions or committees or subdivisions thereof, or of any provincial board or city or
municipal council or board
Offender either disturbs any of such proceedings or he behaves while in the preserve of such
proceedings in such a manner as to interrupt the proceedings or impair the respect due it
Offender was present in the meeting
By using force, intimidation, threats or frauds to prevent any member of the National
Assembly
1. A person uses force intimidation, fraud, or threat, or any other means
2. He prevents any member of the Congress either from attending any meeting of the
Congress or from expressing his opinions or casting his vote
3. Offender is any person
By arresting or searching any member thereof while the National Assembly is in regular
or special session
2. That he arrests or searches any member of the National Assembly
3. Congress was in regular or special session at the time of the arrest
4. The member of the Congress has committed a crime not higher than prision mayor
Any meeting attended by armed persons for the purpose of committing any of the crimes
punishable under this Code
1. That there be a meeting, a gathering or group of persons, whether in fixed place or
moving
2. The meeting is attended by armed persons
3. The purpose of the meeting is to commit any of the crimes punishable under the
Code
Any meeting in which the audience, whether armed or not, is incited to the commission
of the crime of treason, rebellion or insurrection, sedition or assault upon a person in
authority or his agents
1. There is a meeting, a gathering or group of persons, whether in fixed place or
moving
2. The audience, whether armed or not, is incited to the commission of the crime of
treason, rebellion, or insurrection, sedition or direct assault
Associations totally or partially organized for the purpose of committing any of the
crimes punishable under the Code
Associations totally or partially organized for some purpose contrary to public morals
Persons liable:
1. Founders, directors, president
2. Mere members
I.
Without public uprising, by employing force or intimidation for the attainment of any of
the purposes enumerated defining the crimes of rebellion and sedition
1. Offender employs force or intimidation
2. 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
3. There is no public uprising
II.
Without public uprising, by attacking, by employing force, or by seriously intimidating or
seriously resisting any person in authority or any of his agents, while in the performance
of official duties, or on the occasion of such performance
1. The offender either
a. Makes an attack
b. Employs force
c. Makes a serious intimidation
d. Makes a serious resistance
2. The assault is against a person in authority or an agent of a person in authority
a. Any person directly vested with jurisdiction, whether as an individual or as a
member of some court or GOCC, board or commission
b. A barangay captain and a barangay chairman
c. Teachers, professors, or persons charged with supervision of public or duly
recognized private schools, colleges or institutions
d. Lawyers while engaged in their professional duties or while in the act of their
professional duties
3. That at the time of the assault, the person in authority is engaged in the
performance of his official duties or the attack was on occasion of such
Criminal Law Book 2
UST Law 1A (2015)
4.
5.
Art. 149 Indirect

assault
Art. 150
Disobedience to
summons issued by
the national
assembly, its
committees or
subcommittees, by
the constitutional
commissions, its
committees,
subcommittees or
divisions
Art. 151
Resistance and
disobedience to a
person in authority
or the agents of
such person
Qualified direct assault

1. When the assault is committed by means of a weapon
2. When the offender is a public officer or employee
3. When the offender lays hands upon a person in authority
1. An agent of a person in authority is the victim of any of the forms of direct assault defined in
Art. 148
2. A person comes to the aid of such agent (not a permanent agent, only in this certain
occasion)
3. Offender makes use of force or intimidation upon such person coming to the aid of the agent
I.
By refusing, without legal excuse, to obey summons issued by the Congress or any of
its extensions or any of its standing committees or subcommittees, by the Constitutional
Commissions, its committees, subcommittees or any other body which has the power to
issue summons
II.
By refusing to be sworn or placed under affirmation while being before such legislative
or constitutional body or official
III.
By refusing to answer any legal inquiry or to produce any books, papers, documents, or
records in his possession, when required by them to do so in the exercise of their
function
IV.
By refusing another from attending as a witness in such legislative or constitutional body
V.
By inducing disobedience to a summons or refusal to be sworn by any such body or
official
I.
II.
Art. 152 Persons

in authority and
agents of persons in
authority
Art. 153 Tumults

and other
disturbances
performance of official duty

The offender knows him to be a person in authority or an agent of a person in
authority
That there be no public uprising
Resistance and serious disobedience

1. The person in authority or his agent
a. Is engaged in the performance of official duty or
b. Gives a lawful order to the offender
2. Offender resists or seriously disobeys such person in authority or his agent
3. That such resistance or disobedience will not amount to
a. Direct assault
b. Indirect assault
c. Disobedience to summons issued by Congress
Simple disobedience
1. An agent of a person in authority
a. Is engaged in the performance of official duty or
b. Gives a lawful order to the offender
2. Offender disobeys such order of the agent
3. Such disobedience is not serious in nature
Persons in authority
a. Municipal mayors
b. Division Superintendent of schools
c. Public and private school teachers
d. Teacher-nurse
e. President of the sanitary division
f.
Provincial Fiscal
g. Judges
h. Lawyers in actual performance of duties
i.
Sangguniang Bayan member
j.
Barangay Chairman
Agent of a person in authority is someone charged with:
a. The maintenance of public order and
b. The protection and security of life and property
1. The crime is committed by more than three persons
2. They are provided with arms or any means of violence
3. That they committed the following acts:
a. Causing any serious disturbances in a public place, office or establishment
b. Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if
the act is not included in Art. 131 and 132
c. Making any outcry tending to incite rebellion or sedition in any meeting, association or
public place
d. Displaying placards or emblems which provoke a disturbance of public order in such
Criminal Law Book 2
UST Law 1A (2015)
place
Burying with pomp the body of a person who has been legally executed
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 to the interest or credit of the State
By encouraging disobedience to the law or to the constituted authorities or by praising,
justifying or extolling any act published by law, by the same means or by words,
utterances or speeches
By maliciously publishing or causing to be published any official resolution or document
without proper authority, or before they have been published officially
By printing, publishing or distributing (or causing the same) books, pamphlets,
periodicals, or leaflets which do not bear the real printers name or which are classified
as anonymous
Discharging any firearm, rocket, firecracker, or other explosives within any town or public
place calculated to cause (which produces) alarm or danger
Instigating or taking an active part in any charivari or other disorderly meeting offensive
to another or prejudicial to public tranquility
Disturbing the public peace while wandering about at night or while engaged in any
other nocturnal amusement
Causing any disturbance or scandal in public places while intoxicated or otherwise,
provided Art. 153 is not applicable
That there is a person confined in a jail or penal establishment
That the offender removes therefrom such persons, or helps the escape of such person
That the offender is a convict by final judgment
That he is serving his sentence which consists in deprivation of liberty
That he evades the service of his sentence by escaping during the term of his sentence
e.
Art. 154 Unlawful

use of means of
publication and
unlawful utterances
I.
II.
III.
IV.
Art. 155 Alarms

and scandals
I.
II.
III.
IV.
Art. 156 Delivering

prisoners from jail
Art. 157 Evasion
of service of
sentence
Art. 158 Evasion

of service of
sentence on the
occasion of
disorders,
conflagrations,
earthquakes, or
other calamities
Art. 159 Evasion

of service of
sentence by
violation of
conditional pardon
Art. 160
Commission of
another crime
during service of
penalty imposed for
another previous
offense
Art. 161
Counterfeiting the
great seal of the
government of the
Philippine islands,
forging the
signature or stamp
of the Chief
1.
2.
1.
2.
3.
Qualifying circumstances
1. By means of unlawful entry
2. By breaking doors, windows, gates, walls, roofs or floors
3. By using picklocks, false keys, disguise, deceit, violence or intimidation
4. Through connivance with other convicts or employees of the penal institution
1. That the offender is a convict by final judgment who is confined in a penal institution
2. That there is a disorder resulting from
a. Conflagration
b. Earthquake
c. Explosion
d. Similar catastrophe
e. Mutiny in which he has not participated
3. That the offender evades the service of his sentence by leaving the penal institution where he
is confined, on the occasion of such disorder or during the mutiny
4. That the offender fails to give himself up to the authorities within 48 hours following the
issuance of a proclamation by the Chief Executive announcing the passing of such calamity
1. The offender was a convict
2. He was granted a conditional pardon by the Chief Executive
3. He violated any of the conditions of such pardon
1.
2.
The offender was already convicted by final judgment of one offense

He committed a new felony before beginning to serve such sentence or while serving the
same.
* Special aggravating circumstance
I.
II.
III.
CRIMES AGAINST PUBLIC INTEREST

Forging the Great Seal of the Government of the Philippines
Forging the signature of the President
Forging the stamp of the President
Criminal Law Book 2

UST Law 1A (2015)
Executive
Art. 162 Using
forged signature or
counterfeit seal or
stamp
Art. 163 Making
and importing and
uttering false coins
1.
2.
3.
I.
II.
III.
Art. 164 Mutilation

of coins
I.
II.
Art. 165 Selling of

false or mutilated
coin, without
connivance
I.
II.
Art. 166 Forging
treasury or bank
notes or other
documents payable
to bearer; importing,
and uttering such
false or forged
notes and
documents
Art. 167
Counterfeiting,
importing, and
uttering instruments
not payable to
bearer
Art. 168 Illegal
possession and use
of false treasury or
bank notes and
other instruments of
credit
I.
II.
III.
Art. 169 How

forgery is
committed
I.
Art. 170
Falsification of
legislative
documents
1.
Art. 171
Falsification by
public officer,
employee or notary
1.
2.
3.
1.
2.
3.
II.
2.
3.
4.
1.
2.
That the Great Seal of the Republic was counterfeited or the signature or stamp of the Chief
Executive was forged by another person
That the offender knew of the counterfeiting or forgery
That he used the counterfeit seal or forged signature or stamp
That there be false or counterfeited coins
2. He imitates a genuine and authentic coin making it appear that it is a true, genuine, and
authentic coin
3. Offender copies the peculiar design of the coin and makes a spurious one out of it
That the offender either made, imported or uttered such coins
2. He brings into the Philippine ports any false and counterfeited coins
That in case of uttering such false or counterfeited coins, he connived with the counterfeiters
or importers
2. He circulates, gives away to another, passes from one person to another any
counterfeited or false coins
Mutilating coins of the legal currency, with the further requirement that there be intent to
damage or to defraud another
Importing or uttering such mutilated coins, with the further requirement that there must
be connivance with the mutilator or importer in case of uttering
Possession of coin, counterfeited or mutilated by another person, with intent to utter the
same, knowing that it is false or mutilated
1. Possession
2. Intent to utter
3. Knowledge
Actually uttering such false or mutilated coin knowing the same to be false or mutilated
1. Actually uttering
2. Knowledge
Forging or falsification of treasury or bank notes or other documents payable to bearer
Importation of such false or forged obligations or notes
Uttering of such false or forged obligations or notes in connivance with the forgers or
importers
That there be an instrument payable to order or other document of credit not payable to
bearer
That the offender either forged, imported or uttered such instrument
That in case of uttering, he connived with the forger or importer
That any treasury or bank note or certificate or other obligation and security payable to
bearer, or any instrument payable to order or other document of credit not payable to bearer
is forged or falsified by another person
That the offender knows that any of those instruments is forged or falsified
That he performs any of these acts
a. Using any of such forged or falsified instruments
b. Possessing with intent to use any of such forged or falsified instruments
By giving to a treasury or bank note or any instrument payable to bearer or to order
mentioned therein, the appearance of a true and genuine document
By erasing, substituting, counterfeiting, or altering by any means the figures, letters,
words, or sign contained therein
That there be a bill, resolution or ordinance enacted or approved or pending approval by
either House of the Legislature or any provincial board or municipal council
That the offender alters the same
That he has no proper authority therefor
That the alteration has changed the meaning of the document
The offender is a public officer, employee, notary public, or an ecclesiastical minister
He takes advantage of his official position
a. He has the duty to make or prepare or to otherwise intervene in the preparation of the
document; or
Criminal Law Book 2
UST Law 1A (2015)
or ecclesiastical
minister
Art. 172
Falsification by
private individuals
Art. 173
Falsification of
wireless telegraph
and telephone
messages
b. He has the official custody of the document which he falsifies

That the said offender falsifies a document by committing any of the ff. modes:
i.
By counterfeiting or imitating any handwriting, signature or rubric
(1) There is an original handwriting or signature
(2) The offender imitated or copied the said original handwriting or signature
ii.
Causing it to appear that persons have participated in any act or proceeding when they
did not in fact so participate
iii.
Attributing to persons who have participated in an act or proceeding statement other
than those in fact made by them
(1) That persons participated in an act or proceeding
(2) They made statements therein
(3) The offender made it appear in a document that these persons have made
certain statements
(4) These statements were not in fact made by them
iv.
Making untruthful statements in a narration of facts
(1) The offender makes in a document untruthful statement in a narration of facts
(2) That he has legal obligation to disclose the truth of the facts narrated by him
(3) The facts narrated by the offender are absolutely false
(4) The untruthful narration must be such as to effect the integrity of the
document and
(5) That the offender does so with the intent to injure or prejudice another person
v.
Altering true dates
(1) What has been altered is the true date
(2) In the alteration thereof, the document will no longer have any effect
vi.
Making any alteration or intercalation in a genuine document which changes its meaning
(1) The offender makes an alteration or
(2) Makes an intercalation in a genuine document which changes its meaning
vii.
Issuing in authenticated form a document purporting to be a copy of any original
document when no such copy a statement contrary to, or different from that of the
genuine original
(1) The offender issued in an authenticated form a document purporting to be an
authenticated copy of an original document, but no such original exists, or
(2) By including such copy a statement contrary to or different from a genuine
original
viii.
Intercalating any instrument or note relative to the issuance thereof in a protocol, registry
or official book
4. In case the offender is an ecclesiastical minister, the act of falsification is committed with
respect to any record or document of such character that the falsification may affect the civil
status of persons
I.
Falsification of a public, official, or commercial document by a private individual
1. Offender is a private individual
2. The document falsified is a public, official, or commercial document
3. He commits any of the acts of falsification
II.
Falsification of private document by any person
1. The document falsified is a private document
2. That the offender committed any of the acts of falsification, except those in
paragraph 7 (Art. 171)
3. There must be damage caused to a third person
III.
Use of falsified document
A. Introducing in a judicial proceeding
1. That the offender knew that a document was falsified by another person
2. That the false document is embraced in Art. 171 or in any subdivisions No. 1
or 2 of Art. 172
3. That he introduced said document in evidence in any judicial proceeding
B. Use in any other transaction
1. That the offender knew that a document was falsified by another person
2. That the false document is embraced in Art. 171 or in any subdivisions No. 1
or 2 of Art. 172
3. That he used such document (not in judicial proceedings)
4. That the use of the false document caused damage to another or at least it
was used with intent to cause damage
3.
I.
II.
Uttering fictitious, wireless, telegraph or telephone message

Falsifying wireless, telegraph or telephone message
1. That the offender is an officer or employee of the government or of a private
corporation engaged in the service of sending or receiving wireless, cable or
telephone message
Criminal Law Book 2
UST Law 1A (2015)
III.
Art. 174 False

medical certificates,
false certificates of
merit or service, etc.
1.
2.
Art. 175 Using

false certificate
1.
2.
Art. 176
Manufacturing and
possession of
instruments or
implements for
falsification
Art. 177
Usurpation of
authority of official
functions
3.
I.
II.
I.
II.
Art. 178 Using

fictitious name and
concealing true
name
I.
II.
Alias
1.
2.
3.
4.
Art. 179 Illegal use

of uniforms and
insignia
1.
2.
Art. 180 False

testimony against a
defendant
3.
1.
2.
3.
4.
Art. 181 False

testimony favorable
1.
2.
3.
2. That the offender commits any of the aforementioned acts

Using such falsified message
1. That the accused knew that wireless, cable, telegraph, or telephone message was
falsified by any of the persons specified in the first paragraph of Art. 173
2. That the accused used such falsified dispatch
3. That the use of the falsified dispatch resulted in the prejudice of a third party, or that
there was intent to cause such prejudice
That the offender falsifies, issues the false medical certificate or certificate of merit
That the offender is either:
a. A physician or surgeon who issues a false medical certificate
b. A public officer who issues a false certificate of merit, service or good conduct, moral
character, etc.
c. Any private individual who falsifies a medical certificate or certificate of merit or service
or good conduct
That the falsifier is any of those mentioned in Art. 174
That offender, who is not the falsifier, knows the medical certificate or certificate of merit is
falsified
That he makes use of the same
Making or introducing into the Philippines any stamps, dies, marks or other instruments
or implements for counterfeiting or falsification
Possessing with intent to use the instrument or implements for counterfeiting or
falsification made in or introduced into the Philippines by another person
Usurpation of authority is committed when a person knowingly and falsely represents

himself to be an officer or agent of any department of the Philippine government or
agency thereof or of a foreign government
1. That the false representation was done knowingly
2. That he intended to be known by such other person or by public as a
representative or agent of Philippine government
Usurpation of official function
1. The offender performs an act
2. The act pertains to a person in authority or a public officer of any department or
agency of the Philippine government or of a foreign government
3. That it is done under the pretense of official position
4. Without being lawfully entitled to do so
Using fictitious name
1. The offender uses a name other than his real name
2. That he uses that fictitious name publicly
3. That the purpose of the offender is either
a. To conceal a crime
b. To evade execution of a judgment
c. To cause damage to public interest
Concealing true name
1. The offender conceals
a. His true name and
b. All other personal circumstances
2. That the purpose is only to conceal his identity
ANTI-ALIAS LAW (C.A. No. 142)
A name or names used or intended to be used by a person publicly and habitually
That it is used usually in a business transaction
That such name is other than the name registered at birth for the first time before the local
civil registrar
That the other name was used upon approval by the judicial or competent authority
The offender makes use of insignia, uniform, or dress
That the insignia, uniform, or dress pertains to an office not being held by the offender or to a
class of person of which he is not a member
That the said insignia, uniform, or dress is used publicly and improperly
That there be a criminal proceeding
That the offender testifies falsely under oath against the defendant therein
That the offender who gives false testimony knows that it is false
That the defendant against whom the false testimony is given is either acquitted or convicted
in a final judgment
That there be a criminal proceeding
That the offender testifies falsely under oath against the defendant therein
That the offender who gives false testimony knows that it is false
Criminal Law Book 2
UST Law 1A (2015)
to defendant
Art. 182 False
testimony in civil
cases
Art. 183 False

testimony in other
cases and perjury in
solemn affirmation
1.
2.
3.
4.
5.
1.
2.
3.
Art. 184 Offering

false testimony in
evidence
Art. 185
Machinations in
public auctions
4.
1.
2.
3.
I.
II.
Art. 186
Monopolies and
combinations in
restraint of trade
I.
II.
III.
Art. 187
Importation and
disposition of
falsely marked
articles
1.
Art. 188
Substituting and
altering trademarks,
tradenames, or
service marks
I.
2.
3.
II.
III.
IV.
Art. 189 Unfair

competition,
fraudulent
registration of trade
I.
II.
The testimony must be given in a civil case

The testimony must relate to the issues presented in said case (relative or pertinent)
The testimony must be false
The false testimony must be given by the defendant knowing the same to be false
The testimony must be malicious and given with intent to affect the issues presented in the
said case
The accused either
a. Made a statement under oath or
b. Executed an affidavit upon a material matter
The said statement under oath or affidavit was made before a competent officer duly
authorized to receive and administer oath
That in the said statement or affidavit, the offender makes a willful and deliberate assertion of
falsehood
The said statement or affidavit containing falsity is required by law
The offender offered in evidence a false witness or false testimony
The offender knew the witness or the testimony was false
The offer was made in a judicial or official proceeding
Soliciting gift or promise
1. That there be a public auction
2. The accused solicited any gift or a promise from any of the bidders
3. That such gift or promise was the consideration for his refraining from taking part in
that public auction
4. The accused had the intent to cause the reduction of the price of the thing
auctioned
Attempting to cause bidders to stay away
1. There be a public auction
2. The accused attempted to cause the bidders to stay away from that public auction
3. It was done by threats, gifts, promises or any other artifice
4. The accused had the intent to cause the reduction of the price of the thing
auctioned
Combination to prevent free competition in the market
1. Committed by any person
2. Who shall enter into any contract or agreement or taking part in any combination in
the form of trust or otherwise
3. In restraint of trade or commerce or to prevent by artificial means free competition
in the market
Monopoly to restrain free competition in the market
1. Committed by monopolizing any merchandise or object of trade or commerce
2. By combining with any other person or persons
3. In order to alter the prices thereof
4. By spreading false rumors or making use of any other artifice to restrain free
competition in the market
Manufacturer, producer, or processor or importer combining, conspiring or agreeing with
any person to make transactions prejudicial to lawful commerce or to increase the
market price of merchandise
The offender imports, sells, or disposes any article or merchandise made of gold, silver, other
precious materials, or their alloys
That the stamps, brands, or marks of those articles or merchandise fail to indicate the actual
fitness or quality of said metals or alloys
The offender knows that the stamps, brands or marks fail to indicate the actual fitness or
quality of the metals or alloys
By substituting the tradename or trademark of some other manufacturer or dealer, or a
colorable imitation thereof, for the tradename or trademark of the real manufacturer or
dealer upon any article of commerce, and selling the same
By selling or by offering for sale such articles of commerce, knowing that the tradename
or trademark has been fraudulently used
By using or substituting the service mark of some other person, or a colorable imitation
of such mark, in the sale or advertising of his services
By printing, lithographing or reproducing tradename, trademark or service mark of one
person, or a colorable imitation thereof, to enable another person to fraudulently use the
same, knowing the fraudulent purpose for which it is to be used
Unfair competition - By selling his goods, giving them the general appearance of the
goods of another manufacturer or dealer
Fraudulent designation of origin; false description
1. By affixing to his goods or using in connection with his services a false designation
Criminal Law Book 2
UST Law 1A (2015)
name, trademark, or
service mark,
fraudulent
designation of
origin, and false
description
Sec. 4 Importation
of dangerous drugs
and/or controlled
precursors and
essential chemicals
Sec. 5 Sale,
trading,
administration,
dispensation,
delivery, distribution
and transportation
of dangerous drugs
and/or controlled
precursors and
essential chemicals
Sec. 6
Maintenance of a
den, dive or resort
Sec. 7
Maintenance of a
den, dive or resort
(Other persons
liable)
Sec. 8
Manufacture of
dangerous drugs
and/or controlled
precursors and
essential chemicals
Sec. 11
Possession of
dangerous drugs
III.
of origin, or any false description or representation, and

2. Selling such goods or services
Fraudulent registration - By procuring fraudulently from the patent office the registration
of trade name, trademark or service mark
CRIMES AGAINST OPIUM AND OTHER PROHIBITED DRUGS /

COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (RA 9165)
2. He is shall import or bring into the Philippines any dangerous drug, regardless of the quantity
and purity involved
3. He is not authorized by law to do so
1.
2.
3.
Identity of the buyer and the seller are clearly established

Object and consideration are present
Delivery of the thing sold and the payment thereof (if lacking, only attempted)
1.
2.

He maintain a den, dive or resort for the use of illegal drugs
I.
II.
I.
Employees who are aware of the nature of the said den, dive or resort for the use of
illegal drugs
Person who are not employees who knowingly visit the same place despite the
knowledge of the nature of such den, dive or resort
Presence of any controlled precursor and essential chemical or laboratory equipment in
the clandestine laboratory is prima facie proof
1.
Accused was in possession of prohibited drug (actual possession or found within his
dominion)
2. Such possession is not authorized by law
3. Accused freely and consciously possessed the prohibited drug (animus posendi, prima facie
presumed by law)
Sec. 12 Possession of drug equipment, instrument, paraphernalia, apparatus and othe paraphernalia for dangerous
drugs
Sec. 13 Possession of dangerous drugs during parties social gatherings or meetings (or in the proximate company of
at last 2 persons shall suffer maximum penalties)
Sec. 15 Use of
1. Offender was apprehended or arrested in the actual use of dangerous drugs
2. He was found to be positive for use of any dangerous drug after a confirmatory test
dangerous drugs
3. No other amount of dangerous drugs must be found in his possession (otherwise, the charge
will be possession)
Sec. 21 Procedure
1. Immediately after seizure and confiscation, there must be a physical inventory
2. There must be a photograph of the same in the presence of the accused or the person/s from
in the seizure and
whom such items were confiscated and/or seized, or his/her representative or counsel, a
confiscation of
representative from the media and the Department of Justice, and any elected public official
dangerous drugs
3. Elected public official shall be required to sign the copies of the inventory and be given a copy
(Chain of Custody
thereof
Rule)
Sec. 25 A positive finding for the use of dangerous drugs shall be a qualifying circumstance in the commission of a
crime by an offender
Sec. 26 Attempt or
a. Importation of dangerous drugs and/or controlled precursors and essential chemicals
b. Sale, trading, administration, dispensation, delivery, distribution and transportation of
conspiracy to
dangerous drugs and/or controlled precursors and essential chemicals
commit certain acts
c. Maintenance of a den, dive or resort where any dangerous drug is used in any form
shall be penalized
d. Manufacture of dangerous drugs and/or controlled precursors and essential chemicals
by the same penalty
Criminal Law Book 2
UST Law 1A (2015)
for the commission

of the same, in the
following cases
Sec. 98 Limited
applicability of the
RPC
e.
Art. 200 Grave

scandal
1.
2.
3.
4.
Art. 201 Immoral

doctrines, obscene
publications and
exhibitions and
indecent shows
I.
II.
I.
Cultivation or culture of plants which are sources of dangerous drugs
Provisions of the RPC, as amended, shall not apply to the provisions of RA 9165
I.
II.
III.
CRIMES AGAINST PUBLIC MORALS

Offender performs an act or acts
Such act or acts be highly scandalous as offending against decency or good customs
The highly scandalous conduct is not expressly falling within any other article of this Code
The act or acts complained of be committed in a public place or within the public knowledge
or view
Those who shall publicly expound or proclaim doctrines openly contrary to public morals
a. The authors of obscene literature, published with their knowledge in any form, the
editors publishing such literature ; and the owners/operators of the establishment selling
the same
b. Those who, in theaters, fairs, cinematographs, or any other place, exhibit indecent or
immoral plays, scenes, acts, or shows, it being understood that the obscene literature or
indecent or immoral plays, scenes, acts, or shows, whether live or in film, which are
proscribed by virtue hereof, shall include those which: (1) glorify criminals or condone
crimes; (2) serve no purpose but to satisfy the market for violence, lust or pornography;
(3) offend any race, or religion; (4) tend to abet traffic in and use dangerous drugs; and
(5) are contrary to law, public order, morals, good customs, established policies, lawful
orders, decrees and edicts
Those who shall spell, give away, or exhibit films, prints, engravings, sculptures, or
literature which are offensive to morals
Vagrancy has been decriminalized by RA 10158 which was approved on March 12,
2007
A woman is a prostitute when:
1. She habitually indulges in (a) sexual intercourse, or (b) by lascivious conduct
2. For money or profit
CRIMES COMMITTED BY PUBLIC OFFICERS
Those (a) taking part in the performance of public functions in the Government or (b)
performing in said Government or any of its branches public duties as an employee, agent or
subordinate official, of any rank or class
That his authority to take part in the performance of public functions or to perform public
duties must be:
a. By direct provision of law
b. By popular election
c. By appointment by competent authority
Misfeasance Improper performance of some act which might be lawfully done
Malfeasance Performance of some act which ought not to be done
Nonfeasance Omission of some act which ought to be performed
1.
2.
3.
4.
Offender is a judge
He renders a judgment in a case submitted to him for decision
Judgment is unjust
Judge knows that his judgment is unjust (bad faith)
Art. 206 Unjust

interlocutory order
1.
2.
3.
4.
1.
2.
Art. 207 Malicious

delay in the
administration of
justice
1.
2.
3.
4.
Art. 208
Prosecution of
offenses;
negligence and
I.
II.
Offender is a judge
He renders a judgment in a case submitted to him for decision
Judgment is manifestly unjust
It is due to his inexcusable negligence or ignorance
Offender is a judge
He performs any of the following acts:
a. Knowingly renders unjust interlocutory order or decree
b. Renders a manifestly unjust interlocutory order or decree through inexcusable
negligence or ignorance
Offender is a judge
There is a proceeding in his court
He delays the administration of justice
Delay is malicious, that is, it is caused by the judge with deliberate intent to inflict damage on
either party in the case
By maliciously refraining from instituting prosecution against violators of the law
By maliciously tolerating the commission of offenses
III.
Art. 202 Vagrants
and prostitutes
I.
II.
Art. 203 Who are

public officers
1.
2.
Misfeasance,
malfeasance,
nonfeasance
Art. 204
Knowingly
rendering unjust
judgment
Art. 205 Judgment
rendered through
negligence
Criminal Law Book 2

UST Law 1A (2015)
tolerance (acts
punished)
Dereliction of duty
in the prosecution
of offenses
Art. 209 Betrayal

of trust by an
attorney or solicitor
(acts punished)
Art. 210 Direct

bribery
Art. 211 Indirect

bribery
Art. 211-A
Qualified bribery
Art. 212
Corruption of public
officials
Sec. 2 Definition of
terms
Sec. 3 Corrupt
practices of public
officers
1.
Offender is a public officer or officer of the law who has a duty to cause the prosecution of, or
to prosecute offenses
2. There is dereliction of the duties of his office; that is, knowing that commission of the crime,
he does not cause the prosecution of the criminal or knowing that a crime is about to be
committed, he tolerates its commission
3. Offender acts with malice and deliberate intent to favor the violator of the law
I.
By causing damage to his client, either (1) by any malicious breach of professional duty
or (2) by inexcusable negligence or ignorance
II.
By revealing an of the secrets of his client learned by him in his professional capacity
(damage, not necessary)
III.
By undertaking the defense of the opposing party in the same case without the consent
of his first client, after having undertaken the defense of said first client or after having
received confidential information from said client
1. Offender be a public officer within the scope of Art. 203
2. Offender accepts an offer or a promise or receives a gift or present (must have a value and
capable of pecuniary estimation) by himself or through another
3. Such offer or promise be accepted, or gift or present received by the public officer:
a. With a view of committing some crime
b. In consideration of the execution of an act which does not constitute a crime, but the act
must be unjust
c. To refrain from doing something which it is his official duty to do
4. Act which the offender agrees to perform or which he executes be connected with the
performance of his official duties
2. He accepts gifts
3. Said gifts are offered to him by reason of his office
1. Offender in a public officer entrusted with law enforcement
2. He refrains from arresting or prosecuting an offender who has committed a crime punishable
by reclusion perpetua and/or death
3. He refrains from arresting or prosecuting the offender in consideration of any promise, gift or
present
1. Offender make offers or promises or gives gifts or presents to a public officer
2. The offers or promises are made or the gifts or presents given to a public officer, under
circumstances that will make the public officer liable for direct bribery or indirect bribery
ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019)
(b) Public officer
Any elective and appointive officials and employees, permanent or temporary, whether in the classified
or unclassified or exempt service receiving compensation, even nominal, from the government
(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of
rules and regulations duly promulgated by competent authority or an offense in connection with the
official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such
violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with any contract or transaction between the Government
and any other part, wherein the public officer in his official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit,
for himself or for another, from any person for whom the public officer, in any manner or capacity, has
secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the
help given or to be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise which has
pending official business with him during the pendency thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision
shall apply to officers and employees of offices or government corporations charged with the grant of
licenses or permits or other concessions.
Criminal Law Book 2
UST Law 1A (2015)
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a
reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly,
from any person interested in the matter some pecuniary or material benefit or advantage, or for the
purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any
other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in
connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by
the Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any
transaction or act requiring the approval of a board, panel or group of which he is a member, and which
exercises discretion in such approval, even if he votes against the same or does not participate in the
action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which
they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not
qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere
representative or dummy of one who is not so qualified or entitled.
Sec. 4 Prohibition
on private
individuals
Sec. 7 Statement
of assets and
liabilities
Sec. 8 Dismissal
due to unexplained
wealth
Sec. 11
Prescription of
(k) Divulging valuable information of a confidential character, acquired by his office or by him on
account of his official position to unauthorized persons, or releasing such information in advance of its
authorized release date.
(a) It shall be unlawful for any person having family or close personal relation with any public official to
capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly
requesting or receiving any present, gift or material or pecuniary advantage from any other person
having some business, transaction, application, request or contract with the government, in which such
public official has to intervene. Family relation shall include the spouse or relatives by consanguinity or
affinity in the third civil degree. The word "close personal relation" shall include close personal
friendship, social and fraternal connections, and professional employment all giving rise to intimacy
which assures free access to such public officer.
(b) It shall be unlawful for any person knowingly to induce or cause any public official to commit any of
the offenses defined in Section 3 hereof.
Every public officer, within thirty days after the approval of this Act or after assuming office, and within
the month of January of every other year thereafter, as well as upon the expiration of his term of office,
or upon his resignation or separation from office, shall prepare and file with the office of the
corresponding Department Head, or in the case of a Head of Department or chief of an independent
office, with the Office of the President, or in the case of members of the Congress and the officials and
employees thereof, with the Office of the Secretary of the corresponding House, a true detailed and
sworn statement of assets and liabilities, including a statement of the amounts and sources of his
income, the amounts of his personal and family expenses and the amount of income taxes paid for the
next preceding calendar year: Provided, That public officers assuming office less than two months
before the end of the calendar year, may file their statements in the following months of January.
If in accordance with the provisions of Republic Act Numbered One thousand three hundred seventynine, a public official has been found to have acquired during his incumbency, whether in his name or in
the name of other persons, an amount of property and/or money manifestly out of proportion to his
salary and to his other lawful income, that fact shall be a ground for dismissal or removal. Properties in
the name of the spouse and unmarried children of such public official may be taken into consideration,
when their acquisition through legitimate means cannot be satisfactorily shown. Bank deposits shall be
taken into consideration in the enforcement of this section, notwithstanding any provision of law to the
contrary.
All offenses punishable under this Act shall prescribe in ten years.
Criminal Law Book 2

UST Law 1A (2015)
offenses
Sec. 13
Suspension and
loss of benefits
Sec. 14 Exception
Any public officer against whom any criminal prosecution under a valid information under this Act or
under the provisions of the Revised Penal Code on bribery is pending in court, shall be suspended from
office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under
any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits
which he failed to receive during suspension, unless in the meantime administrative proceedings have
been filed against him.
Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of
gratitude or friendship according to local customs or usage, shall be excepted from the provisions of this
Act.
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful
trade or occupation by any private person or by any public officer who under the law may legitimately
practice his profession, trade or occupation, during his incumbency, except where the practice of such
profession, trade or occupation involves conspiracy with any other person or public official to commit
any of the violations penalized in this Act.
Art. 213 Frauds

against the public
treasury and similar
offenses
I.
II.
Art. 214 Other

frauds
Art. 215 Prohibited
transactions
Art. 216
Possession of
prohibited interest
by a public officer
(persons liable)
1.
2.
3.
1.
2.
3.
4.
I.
II.
III.
Art. 217
Malversation of
public funds or
property
1.
2.
3.
4.
Art. 218 Failure of

accountable officer
to render accounts
1.
2.
3.
4.
Art. 219 Failure of

a responsible public
officer to render
accounts before
leaving the country
1.
2.
3.
Frauds against public treasury

1. Offender be a public officer
2. He should have taken advantage of his office, that is, he intervened in the
transaction in his official capacity
3. He entered into an agreement with any interested party or speculator or made use
of any other scheme with regard to (1) furnishing supplies, (2) making of contacts,
or (3) adjustment or settlement of accounts relating to public property or funds
4. Accused had intent to defraud the Government
Illegal exactions
1. Offender is a public officer entrusted with the collection of taxes, licenses, fees and
other imposts
2. He is guilty of any of the following acts or omissions:
a. Demanding, directly or indirectly, the payment of sums different from or larger
than those authorized by law
b. Failing voluntarily to issue a receipt, as provided by law, for any sum of money
collected by him officially
c. Collecting or receiving, directly or indirectly, by way of payment or otherwise,
things or objects of a nature different from that provided by law
Offender is a public officer
He takes advantage of his official position
He commits any of the frauds or deceits enumerated in Art. 315 to 318
Offender is an appointive public officer
He becomes interested, directly or indirectly, in any transaction of exchange or speculation
Transaction takes place within the territory subject to his jurisdiction
He becomes interested in the transaction during his incumbency
Public officer who, directly or indirectly, became interested in any contract or business in
which it was his official duty to intervene
Experts, arbitrators and private accountants who, in like manner, took part in any
contract or transaction connected with the estate or property in the appraisal, distribution
or adjudication of which they had acted
Guardians and executors with respect to the property belonging to their wards or the
estate
Offender be a public officer
He had the custody or control of funds or property by reason of the duties of his office
Those funds or property were public funds or property for which he was accountable
He (a) appropriated, (b) took, misappropriated or (c) consented or, through abandonment or
negligence, permitted another person to take them
Offender is a public officer, whether in the service of separated therefrom
He must be an accountable officer for public funds or property
He is required by law or regulation to render accounts to the Commission on Audit, or to a
provincial auditor
He fails to do so for a period of two months after such accounts should be rendered
(misappropriation and demand, not necessary)
He must be an accountable officer for public funds or property
He must unlawfully left (or be on the point of leaving) the Philippines without securing from
the Commission on Audit a certificate showing that his accounts have been finally settled
Criminal Law Book 2

UST Law 1A (2015)
Art. 220 Illegal use

of public finds or
property (Technical
Malversation)
Art. 221 Failure to
make delivery of
public funds or
property
Art. 222 Officers
included in the
preceding
provisions
Sec 1 Definition of
terms
1.
2.
3.
4.

There is public find or property in his administration
Such public fund or property has been appropriated by law or ordinance
He applies the same to a public use other than that for which such fund or property has been
appropriated by law or ordinance
I.
Failure to make payment
1. Public officer had Government funds in his possession
2. Ge is under obligation to make payment from such funds
3. He fails to make payment maliciously
II.
Refusal to make delivery of property
I.
Private individuals who, in any capacity whatever, have charge of any national,
provincial or municipal funds, revenue, or property
II.
Administrator or depository of funds or property attached, seized, or deposited by public
authority, even if such property belongs to a private individual
III.
Conspirators
IV.
Accomplices and accessories
ANTI-PLUNDER ACT (RA 7080, AS AMENDED)
d) Ill-gotten wealth means any asset, property, business enterprise or material possession of any
person within the purview of Section Two (2) hereof, acquired by him directly or indirectly through
dummies, nominees, agents, subordinates and/or business associates by any combination or series of
the following means or similar schemes:
1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public
treasury;
2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other
form of pecuniary benefit from any person and/or entity in connection with any government contract or
project or by reason of the office or position of the public officer concerned;
3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government
or any of its subdivisions, agencies or instrumentalities or government-owned or -controlled
corporations and their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form
of interest or participation including promise of future employment in any business enterprise or
undertaking;
5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or
implementation of decrees and orders intended to benefit particular persons or special interests; or
Sec. 2 Definition
of crime of plunder,
penalties
Sec. 4 Rule of
evidence
Sec. 6
Prescription of
crimes
Art. 223 Conniving
6) By taking undue advantage of official position, authority, relationship, connection or influence to

unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino
people and the Republic of the Philippines.
Any public officer who, by himself or in connivance with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires
ill-gotten wealth through a combination or series of overt or criminal acts as described in Section 1(d)
hereof, in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00), shall be
guilty of the crime of plunder and shall be punished by reclusion perpetue to death with perpetual
absolute disqualification from holding any public office. Any person who participated with said public
officer in the commission of plunder shall likewise be punished. In the imposition of penalties, the
degree of participation and the attendance of mitigating and extenuating circumstances shall be
considered by the court. The court shall declare any and all ill-gotten wealth and their interests and
other incomes and assets including the properties and shares of stock derived from the deposit or
investment thereof forfeited in favor of the State.
For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every
criminal act done by the accused in furtherance of the scheme or conspiracy to amass, accumulate or
acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or
criminal acts indicative of the overall unlawful scheme or conspiracy.
The crime punishable under this Act shall prescribe in twenty (20) years. However, the right of the State
to recover properties unlawfully acquired by public officers from them or from their nominees or
transferees shall not be barred by prescription, laches, or estoppel.
1.

Criminal Law Book 2
UST Law 1A (2015)
with or consenting
to evasion
Art. 224 Evasion
through negligence
Art. 225 Escape of
prisoner under the
custody of a person
not a public officer
Art. 226 Removal,
concealment or
destruction of
documents
Art. 227 Officer
breaking seal
Art. 228 Opening
of closed
documents
Art. 229
Revelation of
secrets by an officer
2.
3.
4.
1.
2.
3.
1.
2.
3.
4.
1.
2.
3.
1.
2.
3.
4.
1.
2.
3.
4.
I.
II.
Art. 230 Public

officer revealing
secrets of private
individual
Art. 231 Open
disobedience
1.
2.
3.
1.
2.
3.
4.
Art. 232
Disobedience to
order of superior
officer, when said
officer was
suspended by
superior officer
Art. 233 Refusal of
assistance
1.
2.
3.
4.
5.
1.
2.
Art. 234 Refusal to

discharge elective
office
3.
1.
2.
3.
Art. 235
Maltreatment of
1.
2.
He had in his custody or charge, a prisoner, either detention prisoner or prisoner by final
judgment
Such person escaped from his custody
He was in connivance with the prisoner in the latters escape
He is charged with the conveyance or custody of a prisoner, either detention prisoner or
prisoner by final judgement
Such prisoner escapes through his negligence
Offender is a private person
Conveyance or custody of a prisoner or person under arrest is confided to him
Prisoner or person under arrest escapes
Offender consents to the escape of the prisoner or person under arrest, or that the escape
takes place through his negligence
He abstracts, destroys or conceals documents or papers
Said documents or papers should have been entrusted to such public officer by reason of his
office
He is charged with the custody of papers or property
These papers or property are sealed by proper authority
He breaks the seals or permits them to be broken
Any closed papers, documents, or objects are entrusted to his custody
He opens or permits to be opened said closed papers, documents or objects
He does not have proper authority
By revealing any secrets known to the offending public officer by reason of his official
capacity
2. He knows of a secret by reason of his official capacity
3. He reveals such secret without authority or justifiable reasons
4. Damage, great or small, be caused to public interest
By delivering wrongfully paper or copies of papers of which he may have charge and
which should not be published
2. He has charge of papers
3. Those papers should not be published
4. He delivers those papers or copies thereof to a third person
5. Delivery is wrongful
6. Damage be caused to public interest
He knows the secrets of a private individual by reason of his office
He reveals such secret without authority or justifiable reason
Offender is a judicial or executive officer
The is a judgment, decision or order of a superior authority
Such judgement, decision or order was made within the scope of the jurisdiction of the
superior authority and issued with all the legal formalities
Offender must without any legal justification openly refuses to execute the said judgement,
decision or order, which he is duty bound to obey
An order is issued by his superior for execution
He has for any reason suspended the execution of such order
His superior disapproves the suspension of the execution of the order
Offender disobeys his superior despite the disapproval of the suspension

A competent authority demands from the offender that he lend his cooperation toward the
administration of justice or other public service
Offender fails to do so maliciously
Offender is elected by popular election to a public office
He refuses to be sworn in or to discharge the duties of said office
There is no legal motive for such refusal to be sworn in or to discharge the duties of said
office
Offender is a public officer or employee
He has under his charge a prisoner or detention prisoner
Criminal Law Book 2
UST Law 1A (2015)
prisoners
Sec. 3 Definitions
3.
He maltreats such prisoner in either of the following manners:

a. By overdoing himself in the correction or handling of a prisoner or detention prisoner
under his charge either
(1) By the imposition of punishments not authorized by the regulations
(2) By inflicting such punishments (those authorized) in a cruel and humiliating manner
b. By maltreating such prisoner to extort a confession or to obtain some information from
the prisoner
ANTI-TORTURE ACT (RA 9745)
(a) Torture
1.
Sec. 4 Acts of
torture
an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted
on a person for such purposes as obtaining from him/her or a third person information or a
confession;
2. punishing him/her for an act he/she or a third person has committed or is suspected of having
committed;
3. or intimidating or coercing him/her or a third person;
4. or for any reason based on discrimination of any kind, when such pain or suffering is inflicted
by or at the instigation of or with the consent or acquiescence of a person in authority or
agent of a person in authority. It does not include pain or Buffering arising only from, inherent
in or incidental to lawful sanctions.
(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a
person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or
dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other
similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or
substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other
chemical substances on mucous membranes, or acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood
until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or
electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person,
such as:
(i) The administration or drugs to induce confession and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and
(14) Other analogous acts of physical torture; and
Criminal Law Book 2

UST Law 1A (2015)
(b) Mental/Psychological Torture refers to acts committed by a person in authority or agent of a person
in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and
morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the
belief that he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the
victim's head or putting marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her family; and
Sec. 8
Applicability of the
exclusionary rule;
exception
Sec. 9 Institutional
protection of torture
victims and other
person involved
(12) Other analogous acts of mental/psychological torture.

Any confession, admission or statement obtained as a result of torture shall be inadmissible in evidence
in any proceedings, except if the same is used as evidence against a person or persons accused of
committing torture.
(a) To have a prompt and an impartial investigation by the CHR and by agencies of government
concerned such as the Department of Justice (DOJ), the Public Attorney's Office (PAO), the PNP, the
National Bureau of Investigation (NBI) and the AFP. A prompt investigation shall mean a maximum
period of sixty (60) working days from the time a complaint for torture is filed within which an
investigation report and/or resolution shall be completed and made available. An appeal whenever
available shall be resolved within the same period prescribed herein,
(b) To have sufficient government protection against all forms of harassment; threat and/or intimidation
as a consequence of the filing of said complaint or the presentation of evidence therefor. In which case,
the State through its appropriate agencies shall afford security in order to ensure his/her safety and all
other persons involved in the investigation and prosecution such as, but not limited to, his/her lawyer,
witnesses and relatives; and
Sec. 13 Who are

criminally liable
(c) To be accorded sufficient protection in the manner by which he/she testifies and presents evidence
in any fora in order to avoid further trauma.
Any person who actually participated Or induced another in the commission of torture or other cruel,
inhuman and degrading treatment or punishment or who cooperated in the execution of the act of
torture or other cruel, inhuman and degrading treatment or punishment by previous or simultaneous
acts shall be liable as principal
Any superior military, police or law enforcement officer or senior government official who issued an
order to any lower ranking personnel to commit torture for whatever purpose shall be held equally liable
as principals.
The immediate commanding officer of the unit concerned of the AFP or the immediate senior public
official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of
torture or other cruel or inhuman and degrading treatment or punishment for any act or omission, or
Criminal Law Book 2
UST Law 1A (2015)
negligence committed by him/her that shall have led, assisted, abetted or allowed, whether directly or
indirectly, the commission thereof by his/her subordinates. If he/she has knowledge of or, owing to the
circumstances at the time, should have known that acts of torture or other cruel, inhuman and
degrading treatment or punishment shall be committed, is being committed, or has been committed by
his/her subordinates or by others within his/her area of responsibility and, despite such knowledge, did
not take preventive or corrective action either before, during or immediately after its commission, when
he/she has the authority to prevent or investigate allegations of torture or other cruel, inhuman and
degrading treatment or punishment but failed to prevent or investigate allegations of such act, whether
deliberately or due to negligence shall also be liable as principals.
Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or
other cruel, inhuman and degrading treatment or punishment is being committed and without having
participated therein, either as principal or accomplice, takes part subsequent to its commission in any of
the following manner:
(a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or
other cruel, inhuman and degrading treatment or punishment;
Sec. 14 Penalties
(aggravating
circumstances)
(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment
and/or destroying the effects or instruments thereof in order to prevent its discovery; or(c) By harboring,
concealing or assisting m the escape of the principal/s in the act of torture or other cruel, inhuman and
degrading treatment or punishment: Provided, That the accessory acts are done with the abuse of the
official's public functions.
(a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the following acts:
(1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in consequence of torture, the victim shall have
become insane, imbecile, impotent, blind or maimed for life; and
(5) Torture committed against children.
Art. 236
Anticipation of
duties of a public
officer
Art. 237
Prolonging
performance of
duties and powers
Art. 238
Abandonment of
office or position
Art. 239
Usurpation of
legislative powers
Art. 240
Usurpation of
executive functions
Art. 241
Usurpation of
judicial functions
Art. 242
Disobeying request
for disqualification
1.
2.
3.
4.
Offender is entitled to hold a public office or employment, either by election or appointment

Law requires that he should first be sworn in and/or should first give a bond
He assumes the performance of the duties and powers of such office
He has not taken his oath of office and/or given the bond required by law
1.
2.
Offender is holding a public office

Period provided by law, regulations or special provisions for holding such office, has already
expired
He continues to exercise the duties and powers of such office
3.
1.
2.
3.
4.
1.
2.
1.
2.
1.
2.
1.
2.
3.
4.
5.

He formally resigns from his position
His resignation has not yet been accepted
He abandons his office to the detriment of the public service
Offender is an executive or judicial officer
He (a) makes general rules or regulations beyond the scope of his authority, or (b) attempts
to repeal a law or (c) suspends the execution thereof
Offender is a judge
He (a) assumes a power pertaining to the executive authorities, or (b) obstructs the executive
authorities in lawful exercise of their powers
Offender is an officer of the executive branch of the Government
He (a) assumes judicial powers, or (b) obstructs the execution of any order or decision
rendered by any judge within his jurisdiction
Offender is public officer
A proceeding is pending before such officer
There is a question brought before the proper authority regarding his jurisdiction, which is not
yet decided
He has been lawfully required to refrain from continuing proceeding
He continues the proceeding
Criminal Law Book 2
UST Law 1A (2015)
Art. 243 Orders or

requests by
executive officers to
any judicial
authority
Art. 244 Unlawful
appointments
1.
2.
3.
Offender is an executive officer

He addresses any order or suggestion to any judicial authority
Order or suggestion relates to any case or business coming within the exclusive jurisdiction of
the courts of justice
1.
2.
3.
4.
Art. 245 Abuses

against chastity
1.
2.
3.
Art. 246 Parricide
1.
2.
3.
Art. 247 Death or

physical injuries
inflicted under
exceptional
circumstances
(justifying
circumstance)
Art. 248 Murder
1.

He nominates or appoints a person to a public office
Such person lacks the legal qualifications thereof
Offender knows that his nominee or appointee lacks the qualifications at the time he made
the nomination or appointment
He solicits of makes immoral advances to a woman
Such woman must be:
a. interested in matters pending before the officer for decision, or with respect to which he
is required to submit a report or consult with a superior officer
b. under the custody of the offender who is a warden or other public officer directly charged
with the care and custody of prisoners or persons under arrest
c. wife, daughter, sister or relative within the same degree by affinity of any person in the
custody of the offender
CRIMES AGAINST PERSONS
A person is killed
Deceased is killed by the accused
Deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate
other ascendant or other descendant, or the legitimate spouse, of the accused (relationship
must be alleged)
A legally married person or a parent surprises his spouse or his daughter, the latter under 18
years of age and living with him, in the act of committing sexual intercourse with another
person
He or she kills any or both of them, or inflicts upon any or both of them any serious physical
injury in the act or immediately thereafter
He has not promoted or facilitated the prostitution of his wife or daughter, or that he or she
has not consented to the infidelity of the other spouse
Art. 249 Homicide
Art. 251 Death

caused in a
tumultuous affray
Art. 252 Physical

injuries inflicted in a
2.
3.
1.
2.
3.
4.
A person is killed
Accused killed him
Killing was attended by any of the qualifying circumstances mentioned in Art. 248
Killing is not parricide or infanticide
Qualifying circumstances:
a. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weken the defense, or of means or persons to insure or afford impunity
b. In consideration of price, reward or promise
c. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment
or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use any
other means involving great waste or ruin
d. On occasion of any of the calamities enumerated in the preceding paragraph, or of
earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity
e. With evident premeditation
f.
With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse
1. A person was killed
2. Accused killed him without any justifying circumstance
3. Accused had the intention to kill, which is presumed
4. Killing was not attended by any of the qualifying circumstances of murder, or by that of
parricide or infanticide
1. There be several persons
2. They did not compose groups organized for the common purpose of assaulting and attacking
each other reciprocally
3. These several persons quarreled and assaulted one another in a confused and tumultuous
manner
4. Someone was killed in the course of the affray
5. It cannot be ascertained who actually killed the deceased
6. Person or persons who inflicted serious physical injuries or who used violence can be
identified
1. There is a tumultuous affray as referred to in the preceding article
2. A participant or some participants thereof suffer serious physical injuries or physical injuries of
Criminal Law Book 2
UST Law 1A (2015)
tumultuous affray
Art. 253 Giving
assistance to
suicide
Art. 254 Discharge
of firearms
Art. 255 Infanticide
Art. 256
Intentional abortion
Art. 257
Unintentional
abortion
Art. 258 Abortion
practiced by the
woman herself or by
her parents
Art. 259 Abortion
practiced by a
physician or
midwife and
dispensing of
abortives
Art. 260 Duel
Art. 261
Challenging to a
duel
Art. 262 Mutilation
Art. 263 Serious
a less serious nature only

The person responsible thereof cannot be identified
All those who appear to have used violence upon the person of the offended party are known
By assisting another to commit suicide, whether the suicide is consummated or not
By lending his assistance to another to commit suicide to the extent of doing the killing
himself
1. The offender discharges a firearm against or at another person
2. The offender has no intention to kill that person
1. A child was killed
2. The deceased child was less than three days (72 hours) of age
3. The accused killed the said child
I.
By using any violence upon the person of the pregnant woman
II.
By acting, but without using violence, without the consent of the woman. (By
administering drugs or beverages upon such pregnant woman without her consent.)
III.
By acting (by administering drugs or beverages), with the consent of the pregnant
woman
1. There is a pregnant woman
2. Violence is exerted, or drugs or beverages administered, or the accused otherwise acts upon
such pregnant woman
3. As result of the use of violence or drugs or beverages upon her, or any other act of the
accused, the fetus dies, either in the womb or after having been expelled therefrom
4. The abortion is intended
1. There is a pregnant woman
2. Violence is used upon such pregnant woman without intending an abortion
3. The violence is intentionally exerted
4. As a result of the violence the fetus dies, either in the womb or after having been expelled
therefrom
1. There is a pregnant woman who has suffered an abortion
3. The abortion is caused by
a. The pregnant woman herself;
b. Any other person, with her consent; or
c. Any of her parents, with her consent for the purpose of concealing her dishonor
1. There is a pregnant woman who has suffered an abortion
3. The offender, who must be a physician or midwife, causes, or assists in causing, the abortion
4. Said physician or midwife takes advantage of his or her scientific knowledge or skill
As to the pharmacists, the elements are:
1. The offender is pharmacist
2. There is no proper prescription from a physician
3. The offender dispenses any abortive
I.
By killing ones adversary in a duel
II.
By inflicting upon such adversary physical injuries
III.
By making a combat although no physical injuries have been inflicted
Who are liable in a duel?
a. The person who killed or inflicted physical injuries upon his adversary, or both combatants in
any other case, as principals
b. The seconds, as accomplices
I.
By challenging another to a duel
II.
By inciting another to give or accept a challenge to a duel
III.
By scoffing at or decrying another publicly for having refused to accept a challenge to
fight a duel
Persons responsible under Article 261 are:
a. Challenger; and
b. Instigators
I.
By intentionally mutilating another by depriving him, either totally or partially, of some
essential organ for reproduction
II.
By intentionally making other mutilation, that is, by looping or clipping off any part of the
body of the offended party, other than the essential organ for reproduction, to deprive
him of that part of his body
Elements of mutilation of the first kind:
1. There be a castration, that is, mutilation of organs necessary for generation, such as the
penis or ovarium
2. The mutilation is caused purposely and deliberately, that is, to deprive the offended party of
some essential organ for reproduction
I.
When the injured person becomes insane, imbecile, impotent or blind in consequence of
3.
4.
I.
II.
Criminal Law Book 2

UST Law 1A (2015)
physical injuries
the physical injuries inflicted

When the injured person
(a) Loses the use of speech or the power to hear or to smell, or loses an eye, a hand,
a foot, an arm, or a leg, or
(b) Loses the use of any such member, or
(c) Becomes incapacitated for work in which he was therefore habitually engaged, in
consequence of the physical injuries inflicted
III.
When the person injured
(a) Become deformed, or
i.
Physical ugliness
ii.
Permanent and definite abnormality, and
iii.
Conspicuous and visible
(b) Loses any other member of his body, or
(c) Loses the use thereof, or
(d) Becomes ill or incapacitated for the performance of the work in the work 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 must not be more than 90 days), as a result of the physical injuries inflicted
Physical injuries, distinguished from attempted or frustrated homicide.
1. In both crimes, the offender inflicts physical injuries. Attempted homicide may be committed,
even if no physical injuries are inflicted.
2. While in the crime of physical injuries, the offender has no intent to kill the offended party, in
attempted or frustrated homicide, the offender has an intent to kill the offended party.
1. The offender inflicted upon another any serious physical injury
2. It was dome knowingly administering to him any injurious substances or beverages or by
taking advantage of his weakness of mind or credulity
3. He had no intent to kill
II.
Art. 264
Administering
injurious
substances or
beverages
Art. 265 Less
serious physical
injuries
Art. 266 Slight
physical injuries
and maltreatment
Art. 266-A Rape
Art. 267
Kidnapping and
serious illegal
detention
Art. 268 Slight
1.
The offended party is incapacitated for labor for ten days or more (but not more than 30
days), or needs medical attendance for the same period of time
2. The physical injuries must not be those described in the preceding articles
I.
Physical injuries which incapacitated the offended party from one (1) to nine (9) days, or
required medical attendance during the same period
II.
Physical injuries which did not prevent the offended party from engaging in his habitual
work or which did not require medical attendance
III.
Ill-treatment of another by deed without causing any injury
Rape by carnal knowledge
1. The offender is man
2. The offender had carnal knowledge of a woman
3. Such act is accomplished under any of the following circumstances:
(a) By using force or intimidation; or
(b) When the woman is deprived of reason or otherwise unconscious; or
(c) By means of fraudulent machination or grave abuse of authority; or
(d) When the woman is under 12 years of age or demented
Rape by sexual assault
1. The offender commits an act of sexual assault
2. The act of sexual assault is committed by any of the following means:
(a) By inserting his penis into another persons mouth or anal orifice; or
(b) By inserting any instrument or object into the genital or anal orifice of another person
3. The act of sexual assault is accomplished under any of the following circumstances:
(a) By using force or intimidation; or
(b) When the woman is deprived of reason or otherwise unconscious; or
(c) By means of fraudulent machination or grave abuse of authority; or
(d) When the woman is under 12 years of age or demented
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
1. The offender is a private individual
2. He kidnaps or detains another, or in any other manner deprives the latter of his liberty
3. The act of detention or kidnapping must be illegal
4. In the commission of the offense, any of the following circumstances is present:
(a) The kidnapping or detention lasts for more than 3 days;
(b) It is committed simulating public authority
(c) Any serious physical injuries are inflicted upon the person kidnapped or detained or
threats to kill him are made; or
(d) The person kidnapped or detained is a minor, female, or a public officer
1. The offender is a private individual
2. He kidnaps or detains another, or in any manner deprives him of his liberty
Criminal Law Book 2
UST Law 1A (2015)
illegal detention
3.
4.
Art. 269 Unlawful

arrest
1.
2.
3.
1.
2.
Art. 270
Kidnapping and
failure to return a
minor
Art. 271 Inducing a
minor to abandon
his home
Art. 272 Slavery
Art. 273
Exploitation of child
labor
Art. 274 Services
rendered under
compulsion in
payment of debt
Art. 275
abandonment of
persons in danger
and abandonment
of ones own victim
1.
2.
1.
2.
1.
2.
3.
1.
2.
3.
I.
II.
III.
Art, 276
Abandoning a minor
Art. 277
Abandonment of
minor by person
entrusted with his
custody;
indifference of
parents
1.
2.
3.
4.
I.
II.
Art. 278
Exploitation of
minors
I.
II.
III.
IV.
V.
The act of kidnapping or detention is illegal

The crime is committed without the attendance of any of the circumstances enumerated in
Art. 267
The offender arrests or detains another person
The purpose of the offender is to deliver him to the proper authorities
The arrest or detention is not authorized by law or there is no reasonable ground therefor
The offender is entrusted with the custody of a minor person
He deliberately fails to restore the said minor to his parents or guardians
The minor is living in the home of his parents or guardian or the person entrusted with his
custody
The offender induces said minor to abandon such home
The offender purchases, sells, kidnaps or detains a human being
The purpose of the offender is to enslave such human being
The offender retains a minor in his service
It is against the will of the minor
It is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or
person entrusted with the custody of such minor
The offender compels a debtor to work for him, either as household servant or farm laborer
It is against the debtors will
The purpose is to enforce the payment of a debt
By failing to render assistance to any person whom the offender finds in an inhabited
place wounded or in a danger of dying when he can render such assistance without
detriment to himself, unless such omission shall constitute a more serious offense
1. The place is not inhabited
2. The accuse found there a person wounded or in danger of dying
3. The accused can render assistance without detriment to himself
4. The accused fails to render assistance
By failing to help or render assistance to another whom the offender has accidentally
wounded or injured
By failing to deliver a child, under seven years of age whom the offender has found
abandoned, to the authorities or to his family, or by failing to tale him on a safe place
The offender has custody of the child
The child is under seven years of age
He abandons such child
He has not intent to kill the child when the latter is abandoned
By delivering a minor to a public institution or other persons without the consent of the
one who entrusted such minor to the care of the offender, or in the absence of that one,
without the consent of the proper authorities
1. The offender has charge of the rearing or education of a minor
2. He delivers said minor to a public institution or other persons
3. The one who entrusted such child to the offender has not consented to such act;
or if the one who entrusted such child to the offender is absent, the proper
authorities have not consented to it
By neglecting his (offenders) children by not giving them the education which their
station in life requires and financial condition permits.
1. Offender is a parent
2. He neglects his children by not giving them education
3. His station in life requires such education and his financial condition permits it
By causing any boy or girl under sixteen years of age to perform any dangerous feat of
balancing, physical strength or contortion, the offender being any person
By employing children under 16 years of age who are not the children or descendants of
the offender in exhibitions of acrobat, gymnast, rope-walker, diver, wild-animal tamer, the
offender being an acrobat, etc.; or circus manager; or person engaged in a similar
calling
By employing any descendant under 12 years of age in dangerous exhibitions
enumerate din the next preceding paragraph, the offender being engaged in any of the
said callings
By delivering a child under 16 years of age gratuitously to any person following any of
the callings enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar, the
offender being an ascendant, guardian, teacher or person entrusted in any capacity with
the care of such child
By inducing any child under 16 years of age to abandon the home of its ascendants,
Criminal Law Book 2
UST Law 1A (2015)
Art. 280 Qualified

trespass to dwelling
Art. 281 Other
forms of tresspass
Art. 282 Grave
threats
1.
2.
3.
1.
2.
3.
4.
I.
II.
III.
Art. 283 Light

threats
Art. 284 Bond for
good behavior
Art. 285 Other
light threats
1.
2.
3.
4.
I.
II.
I.
II.
Art. 286 Grave

coercions
III.
I.
II.
1.
2.
3.
Art. 287 Light

coercions
Art. 288 Other

similar coercions
1.
2.
3.
4.
I.
II.
guardians, curators, or teachers to follow any person engaged in any of the callings
mentioned in paragraph 2 or to accompany any habitual vagrant or beggar, the offender
being any person
The offender is a private person
He enters the dwelling of another
Such entrance is against the latters will
The offender enters the close premises or the fenced estate of another
The entrance is made while either of them is uninhabited
The prohibition to enter be manifest
The trespasser has not secured the permission of the owner or the caretaker thereof
By threatening another with the infliction upon his person, honor, or property or that of
his family of any wrong amounting to a crime and demanding money or imposing any
other condition, even though not unlawful, and the offender attained his purpose.
1. The offender threatens another person with the infliction upon the latters person,
honor or property, or upon that of the latters family, of any wrongdoing
2. Such wrong amounts to a crime
3. There is a demand for money or that any other condition is imposed, even though
not unlawful
4. The offender attains his purpose
By making such threat without the offender attaining his purpose
By threatening another with the infliction upon his person, honor or property or that of his
family of any wrong amounting to a crime, the threat not being subject to a condition
1. The offender threatens another person with the infliction upon the latters person,
honor or property, or upon that of the latters family, of any wrong
2. Such wrong amounts to a crime
3. The threat is not subject to a condition
The offender makes a threat to commit a wrong
The wrong does not constitute a crime
There is a demand for money or other condition is imposed, even though not unlawful
The offender has attained his purpose or, he has not attained his purpose
When the offender threatens another under the circumstances mentioned in Art. 282
When the offender threatens another under the circumstances mentioned in Art. 283
By threatening another with a weapon, or by drawing such weapon in a quarrel, unless it
be in lawful self-defense
a. Threatening another with a weapon, even if there is no quarrel; and
b. Drawing a weapon in a quarrel, which is not in lawful self-defense
By orally threatening another, in the heat of anger, with some harm (not) constituting a
crime, without persisting in the idea involved in his threat
Note: The word not in this paragraph is enclosed in parenthesis, because the inclusion
of that word in paragraph 2 of Art. 285 is a mistake
By orally threatening to do another any harm not constituting a felony
By preventing another, by means of violence, threats or intimidation, from doing
something not prohibited by law
By compelling another, by means of violence, threats or intimidation, to do something
against his will, whether it be right or wrong
A person prevented another from doing something not prohibited by law, or that he compelled
him to do something against his will, be it right or wrong
The prevention or compulsion be effected by violence, threats or intimidation
The person that restrained the will and liberty of another had not the authority of law or the
right to do so, or, in other words, the restraint shall not be made under authority of law or in
the exercise of any lawful right
The offender must be a creditor
He seizes anything belonging to his debtor
The seizure of the thing be accomplished by means of violence or a display of material force
producing intimidation
The purpose of the offender is to apply the same to the payment of the debt
By forcing or compelling, directly or indirectly, or shall knowingly permitting to forcing or
compelling of the laborer or employee of the offender to purchase merchandise or
commodities of any kind from him
1. The offender is any person, agent or any association or corporation
2. He or such firm or corporation has employed laborers or employees
3. He forces or compels, directly or indirectly, or knowingly permits to be forced or
compelled, any of its laborers or employees to purchase merchandise or
commodities of any kind from him or form said firm or corporation
By paying the wages due his laborer or employee by means of tokens or objects other
than the legal tender currency of the Philippines, unless expressly requested by such
Criminal Law Book 2
UST Law 1A (2015)
Art. 289 - Formation,

maintenance and
prohibition of
combination of
capital or labor
through violence or
threats
Art. 290
Discovering secrets
through seizure of
correspondence
Art. 291 Revealing
secrets with abuse
of office
Art. 292
Revelation of
industrial secrets
Art. 293 Robbery

(in general)
Art. 294 Robbery
with violence
against or
intimidation of
persons
Art. 295 Robbery

with physical
injuries, committed
in an uninhabited
place and by a
band, or with the
use of firearm on a
street road or alley
Art. 296 Definition

of a band
1.
2.
1.
2.
3.
4.
1.
2.
3.
laborer or employee
1. The offender pays the wages due to a laborer or employee employed by him by
means of tokes or objects
2. Those tokens or objects are other than the legal tender currency of the Philippines
3. Such employee or laborer does not expressly request that he be paid by means of
tokens or objects
The offender employs violence or threats, in such a degree as to compel or force the laborers
or employers in the free and legal exercise of their industry or work
The purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers
or lockout of employers
The offender is a private individual or even a public officer not in the exercise of his official
function
He seizes the papers or letters of another
The purpose is to discover the secrets of such another person
Offender is informed of the contents of the papers or letters seized
The offender is manager, employee or servant
He learns the secrets of his principal or master in such capacity
He reveals such secrets
1.
The offender is a person in charge, employee or workman of a manufacturing or industrial

establishment
2. The manufacturing or industrial establishment has a secret of the industry which the offender
has learned
3. The offender reveals such secrets
4. Prejudice is caused to the owner
CRIMES AGAINST PROPERTY
1. There be (1) personal property, (2) belonging to another
2. There is (3) unlawful taking of that property
3. The taking must be (4) with intent to gain
4. There is (5) violence against or intimidation of any person, or force upon anything
I.
Robbery with homicide
When by reason or on occasion of the robbery, the crime of homicide is committed
II.
Robbery with rape
When the robbery is accompanied by rape
III.
Robbery with serious physical injuries
If by reason or on occasion of robbery, any of the serious physical injuries resulting
in insanity, imbecility, impotency or blindness is inflicted
IV.
Robbery with unnecessary violence and intimidation
1. That any of the physical injuries defined in paragraph 3 and 4 of Art. 63 was
inflicted in the course of the robbery
2. Any of them was inflicted upon any person not responsible for the commission of
the robbery
When is robbery with violence or intimidation of persons qualified?
If any of the offenses defined in subdivisions 3, 4 and 5 of Art. 294 is committed
a. In an uninhabited place
b. By a band
c. By attacking a moving train, street car, motor vehicle or airship
d. By entering the passengers compartments in a train, or in any manner taking the passengers
thereof by surprise in the respective conveyances
e. On a street, road, highway, or alley, and the intimidation is made with the use of firearms
The article does not apply:
a. When by reason or on occasion of the robbery, the crime of homicide is committed
b. When the robbery is accompanied by rape or intentional mutilation, or arson
c. If by reason or on occasion of robbery, any of the serious physical injuries resulting in
insanity, imbecility, impotency or blindness is inflicted
1. When at least four armed men take part in the commission of a robbery
2. When any of the arms used in the commission of robbery is not licensed, the penalty upon all
malefactors shall be the maximum of the corresponding penalty provided by law, without
prejudice to the criminal liability for illegal possession of such firearms
3. Any member of a band who was present at the commission of a robbery by the 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
Criminal Law Book 2
UST Law 1A (2015)
Art. 298 Execution

of deeds by means
of violence or
intimidation
Art. 299 Robbery
in an inhabited
place or public
building or edifice
devoted to worship
Art. 301 - What is an

inhabited house,
public building or
building dedicated
to religious worship
and their
dependencies
Art. 302 Robbery

in an uninhabited
place or in a private
building
Art. 303 Robbery

of cereals, fruits, or
firewood in an
uninhabited place or
private building
Art. 304
Possession of
picklocks or similar
tools
Art. 305 False
keys
1.
2.
3.
The offender has intent to defraud another

The offender compels him to sign, execute, or deliver any public instrument or document
The compulsion is by means of violence or intimidation
Robbery with force upon things under subdivision (a)

1. The offender entered (a) an inhabited place, or (b) public building, or (c) edifice devoted to
religious worship
2. The entrance was effected by any of the following means:
a. Through an opening not intended for entrance or egress
b. By breaking any wall, roof, or floor or breaking any door or window
c. By using false keys, picklocks or similar tools
d. By using any fictitious name or pretending the exercise of public authority
3. Once inside the building, the offender took personal property belonging to another with intent
to gain
Robbery with force upon things under subdivision (b)
1. The offender is inside a dwelling house, public building, or edifice devoted to religious
worship, regardless of the circumstances under which he entered it
2. The offender takes personal property belonging to another, with intent to gain, under any of
the following circumstances
a. By breaking of door, wardrobes, chests, or any other kind of locked or sealed furniture or
receptacle
b. By taking such furniture or objects away to be broken or forced open outside the place
of the robbery
1. Inhabited house means any shelter, ship or vessel constituting the dwelling of one or more
persons, even though the inhabitants thereof shall temporarily be absent therefrom when the
robbery is committed.
2. All interior courts, corrals, water houses, granaries, barns, coach-houses, stables or other
departments or in closed places contiguous to the building or edifice, having an interior
entrance connected therewith, and which form part of the whole, shall be deemed
dependencies of an inhabited house, public building or building dedicated to religious
worship.
3. Orchards and other lands used for cultivation or production are not included in the terms of
the next preceding paragraph, even if closed, contiguous to the building and having direct
connection therewith.
4. The term public building includes every building owned by the Government or belonging to a
private person not included used or rented by the Government, although temporarily
unoccupied by the same.
Dependencies, defined.
1. Must be contiguous to the building
2. Must have an interior entrance connected therewith
3. Must form part of the whole
1. The offender entered an uninhabited place or building which was not a dwelling house, not a
public building, or not an edifice devoted to religious worship
2. Any of the following circumstances was present:
a. The entrance was effected through an opening not intended for entrance or egress
b. A wall, roof, floor, or outside window was broken
c. The entrance was effected through the use of false keys, picklocks or other similar tools
c. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken
d. A closed or sealed receptacle was removed, even if the same be broken open
elsewhere
3. With intent to gain, the offender took therefrom personal property belonging to another
In the cases enumerated in Articles 299 and 302, when the robbery consists in the taking of cereals,
fruits, or firewood, the culprit shall suffer the penalty next lower in degree than that prescribed in said
articles.
1.
2.
3.
The offender has in his possession picklocks or similar tools

Such picklocks or similar tools are specially adopted to the commission of the robbery
The offender does not have lawful cause for such possession
The term "false keys" shall be deemed to include:

1. The tools mentioned in the next preceding articles
2. Genuine keys stolen from the owner
3. Any keys other than those intended by the owner for use in the lock forcibly opened by the
offender
Criminal Law Book 2
UST Law 1A (2015)
Art. 306
Brigandage
Art. 307 Aiding

and abetting a band
of brigands
Highway
Robbery/Brigandag
e
1.
2.
3.
There be at least four armed persons

They formed a band or robbers
The purpose is any of the following:
a. To commit robbery in the highway; or
b. To kidnap persons for the purpose of extortion or to obtain ransom
c. To attain by means of force or violence any other purpose
1. The is a band of brigands
2. The offender knows the band to be brigands
3. The offender does any of the following acts:
a. He in any manner aids, abets or protects such band of brigands; or
b. He gives them information of the movements of the police or other peace officers of the
Government
c. He acquires or receives the property taken by such brigands
P.D. 532 ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974
The seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the
property of another by means of violence against or intimidation of person or force upon things of other
unlawful means, committed by any person on any Philippine Highway.
1.
2.
3.
Art. 308 Theft
Art. 309 Penalties
Art. 310 Qualified

theft
Art. 311 Theft of

the property of the
There is no requisite as to the number of perpetrators (even a single person can commit the
crime)
There must be an actual commission of robbery (otherwise no crime will arise)
There is no preconceived victim (it is done indiscriminately on any person passing on the
[Philippine] highway)
How theft is committed:

1. Any person who, having found lost property, shall fail to deliver the same to the local
authorities or to its owner;
2. Any person who, after having maliciously damaged the property of another, shall remove or
make use of the fruits or object of the damage caused by him; and
Any person who shall enter an enclosed estate or a field where trespass is forbidden or which
belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall
gather cereals, or other forest or farm products.
1. The penalty of prision mayor in its minimum and medium periods, if the value of the thing
stolen is more than 12,000 pesos but does not exceed 22,000 pesos, but if the value of the
thing stolen exceeds the latter amount the penalty shall be the maximum period of the one
prescribed in this paragraph, and one year for each additional ten thousand pesos, but the
total of the penalty which may be imposed shall not exceed twenty years. In such cases, and
in connection with the accessory penalties which may be imposed and for the purpose of the
other provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal,
as the case may be.
2. The penalty of prision correccional in its medium and maximum periods, if the value of the
thing stolen is more than 6,000 pesos but does not exceed 12,000 pesos.
3. The penalty of prision correccional in its minimum and medium periods, if the value of the
property stolen is more than 200 pesos but does not exceed 6,000 pesos.
4. Arresto mayor in its medium period to prision correccional in its minimum period, if the value
of the property stolen is over 50 pesos but does not exceed 200 pesos.
5. Arresto mayor to its full extent, if such value is over 5 pesos but does not exceed 50 pesos.
6. Arresto mayor in its minimum and medium periods, if such value does not exceed 5 pesos.
7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under the
circumstances enumerated in paragraph 3 of the next preceding article and the value of the
thing stolen does not exceed 5 pesos. If such value exceeds said amount, the provision of
any of the five preceding subdivisions shall be made applicable.
8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the value of the
thing stolen is not over 5 pesos, and the offender shall have acted under the impulse of
hunger, poverty, or the difficulty of earning a livelihood for the support of himself or his family.
Circumstances that qualify theft:
1. If theft is committed by a domestic servant
2. If committed with grave abuse of confidence
3. If the property stolen is a motor vehicle, mail matter, or large cattle
4. If the property stolen consists of coconuts taken from the premises of the plantation
5. If the property stolen is taken from a fishpond or fishery
6. If property taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance
If the property stolen be any property of the National Library or the National Museum, the penalty shall
be arresto mayor or a fine ranging from 200 to 500 pesos, or both, unless a higher penalty should be
Criminal Law Book 2
UST Law 1A (2015)
National Library and

National Museum
Carnapping
Cattle Rustling
Large cattle
Art. 312
Occupation of real
property or
usurpation of real
rights in property
Art. 313 Altering

boundaries or
landmarks
Art. 314
Fraudulent
insolvency
Art. 315 Swindling
or estafa
provided under other provisions of this Code, in which case, the offender shall be punished by such
higher penalty.
ANTI-CARNAPPING ACT (RA 6539)
1. Actual taking of motor vehicle
2. The vehicle belongs to another
3. There is intent to gain the taking of the vehicle of another
4. Said taking is taking without the consent of the owner or by means of violence or intimidation
or by means of force upon things
ANTI-CATTLE RUSTLING LAW (PD 533)
- Taking away by any means, method or scheme, without the consent of the owner/raiser, of any large
attle whether or not for profit or for gain, or whether committed with or without violence against or
intimidation of persons or force upon things. It includes the killing of a large cattle or taking it as a meat
or hide without the consent of the owner/raiser
- Shall include cow, carabao, horse, mule, ass, or other domesticated member of the bovine family.
Goats are not large cattle.
I.
II.
Occupation of real property which is committed by any person who by means of violence
against or intimidation shall occupy the real property of another
Usurpation of real rights in property committed by any person who by means of violence
against or intimidation shall usurp any real rights in property of another person
Elements:
1. Offender takes possession of any real property or usurps any real rights in property
2. Real property or the rights thereof belong to another
3. Violence or intimidation was used
4. Intent to gain
1. That there be boundary marks or monuments of towns, provinces, or estates, or any other
marks intended to designate the boundaries of the same
2. Offender alters said boundary marks
1. Offender is a debtor who has obligations due and payable
2. He absconds with his property
3. Causes prejudice to his creditors
General elements:
1. That the accused defrauded another by means of abuse of confidence, or by means of
deceit; and
2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or
third persons
a. Offended party was deprived of his money or property as a result of defraudation
b. Disturbance in property rights
c. Temporary prejudice
I.
Estafa with unfaithfulness or abuse of confidence

A. By altering the substance, quantity, or quality or anything of value which the
offender shall deliver by virtue of an obligation to do so, even though such
obligation be based on an immoral or illegal consideration
1. Offender has an obvious obligation to deliver something of value
2. He alters its substance, quantity, or quality
3. That damage or prejudice is caused to another
B. By misappropriating or converting, to the prejudice of another, money, goods, or
any other personal property received by the offender in trust or on commission, or
for administration, or under any other obligation involving the duty to make delivery
of or to return the same, even though such obligation be totally or partially
guaranteed by a bond; or by denying having received such money, goods, or other
property.
1. Money, goods, other personal property received by offender in trust, on
commission, for administration, under obligation to make delivery or return
2. Misappropriation or conversion, or denial of receipt
3. To the prejudice of another
4. Demand by offended party to offender
C. By taking undue advantage of the signature of the offended party in blank, and by
writing any document above such signature in blank, to the prejudice of the
offended party or of any third person
1. That the paper with the signature of the offended party be blank
2. Offended party delivered it to offender
3. Offender writes on the document without authority
Criminal Law Book 2
UST Law 1A (2015)
4. Causes damage to the offended party or third persons

Estafa by means of false pretense
1. There must be false pretense, fraudulent act, or fraudulent means
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 (par. a)
By post-dating a check, or issuing a check in payment of an obligation when
the offender therein were not sufficient to cover the amount of the check. The
failure of the drawer of the check to deposit the amount necessary to cover his
check within three days from receipt of notice from the bank and/or the payee
or holder that said check has been dishonored for lack or insufficiency of
funds shall be prima facie evidence of deceit constituting false pretense or
fraudulent act. (par. d)
2. Made or executed prior to or simultaneously with commission of fraud
3. Offended party relied on false pretense to part with his money or property
4. Damage to offended party
III.
Estafa by fraudulent means
A. By inducing another to sign document
1. Offender induced offended party to sign document
2. Deceit be employed to make him sign the document
3. Offended party personally signed the document
4. Prejudice be caused
B. By resorting to some fraudulent practice to insure success in gambling
C. By removing, concealing, or destroying documents
1. There be court records, office files, documents, or any other papers
2. Offender removed, concealed, or destroyed any of them
3. Offender had intent to defraud another
BOUNCING CHECKS LAW (BP Blg. 22)
1. Making or drawing and issuing a check knowing at the time of issue that he does not have
sufficient funds
2. Failing to keep sufficient funds to cover the full amount of the check
When the offender makes or draws and issues a check which bounced when deposited within the
period of 90 days from the moment of its issue
II.
Acts punished
Prima facie
evidence of
knowledge of
insufficiency of
funds
Art. 316 Other

forms of swindling
Elements:
1. The check must be deposited within 90 days from date appearing on the check
2. There must be notice of dishonor received by the drawer of the check
3. The drawer of the check failed to make good of the check within five banking days from receipt of
the notice of dishonor
1.
2.
3.
4.
5.
6.
Art. 317 Swindling

a minor
Art. 318 Other

deceits
1.
2.
3.
4.
1.
2.
Any person who, pretending to be owner of any real property, shall convey, sell, encumber or
mortgage the same.
Any person, who, knowing that real property is encumbered, shall dispose of the same,
although such encumbrance be not recorded.
The owner of any personal property who shall wrongfully take it from its lawful possessor, to
the prejudice of the latter or any third person.
Any person who, to the prejudice of another, shall execute any fictitious contract.
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.
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
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.
Offender takes advantage of the inexperience or emotions or feelings of a minor
Induces minor to:
a. Assume an obligation
b. To give release, or
c. To execute transfer of property right
For consideration of some loan of money, credit, or other personal property
To the detriment of the minor
By defrauding or damaging another by any other deceit not mentioned in the preceding
articles
By interpreting dreams, by making forecasts, by telling fortunes, taking advantage of credulity
of public for profit or gain
Criminal Law Book 2
UST Law 1A (2015)
Art. 319 Removal,

sale, or pledge of
mortgaged property
Art. 320
Destructive Arson
Art. 321 to 326-B

PD 1613 Simple
Arson
Art. 327 Malicious

mischief
Art. 328 Special

cases of malicious
mischief (qualifying
circumstances)
Art. 332 Persons
exempt from
criminal liability
I.
Knowingly removing any personal property under Chattel Mortgage Law to any province
or city without written consent of mortgage or executors
1. Personal property is mortgaged under the Chattel Mortgage Law
2. Offender knows that such property is so mortgaged
3. He removes mortgaged personal property to any province or city other than the one
located
4. Removal is permanent
5. No written consent of mortgagee
II.
Selling or pledging personal property already property without consent of the mortgagee
written on the back of the mortgage and noted on the record
1. Personal property already pledged under Chattel Mortgage Law
2. Offender (mortgagor) sells or pledges the same or any part thereof
3. No consent of the mortgagee written on the back of the mortgage and noted on the
record in register of deeds
1. One or more buildings or edifices, consequent to one single act of burning, or as a result of
simultaneous burnings or committed on several or different occasions;
2. Any building of public or private ownership, devoted to public in general, or where people
usually gather or congregate for a definite purpose such as but not limited to official
government function or business, private transaction, commerce, trade workshop, meetings,
conferences, or merely incidental to or for a definite purpose such as but not limited to
motels, transient dwellings, public conveyances or stops, or terminals, regardless of whether
the offender had knowledge that there are persons in said building or edifice at the time set
on fire and regardless also of whether the offender had knowledge that there are persons in
said building or edifice at the time set on fire and regardless also of whether the building is
actually inhabited or not.
3. Any train, locomotive, ship or vessel, airship or airplane, devoted to transportation or
conveyance, or for public use, entertainment and leisure;
4. Any building, factory, warehouse installation and any other appurtenances thereto, which are
devoted to the service of public utilities;
5. Any building the burning of which is for the purpose of concealing or destroying the evidence
of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors
or to collect from insurance
6. When arson is committed by two or more persons, regardless of whether their purpose is
merely to burn or destroy the building or the burning merely constitute an overt act in the
commission of another violation of the law;
7. When any person shall burn:
a. Any arsenal, shipyard, storehouse or military power or fireworks factory, ordinance,
storehouse, archives or general museum of the Government; or
b. In an inhabited place, any storehouse or factory of inflammable or explosive materials
Repealed by the New Arson Law (PD 1613)
1. Any building used as offices of the government or any of its agencies
2. Any inhabited house or dwelling
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel
4. Any plantation, farm, pasture land, growing crop, grain field, orchard, bamboo grove or forest
5. Any rice mill, sugarmill, cane mill, or mill central
6. Any railway or bus station, airport, wharf, or warehouse
1. Offender deliberately caused damage to the property of another
2. Act does not constitute arson or other crimes involving destruction
3. Committed merely for the sake of damaging it (hate, revenge, evil motive)
Cases of malicious mischief
a. Special cases of malicious mischief (Art. 328)
b. Damage and obstruction to means of communications (Art. 330)
c. Destroying or damaging status, public monuments, or paintings (Art. 331)
1. Causing damage to obstruct the performance of public functions
2. Using poisonous or corrosive substances
3. Spreading any infection or contagion among cattle
Crimes exempted: (not complex crimes)
1. Theft
2. Estafa
3. Malicious mischief
Persons exempted:
1. Spouses, ascendants and descendants, relatives by affinity in the same line
Criminal Law Book 2
UST Law 1A (2015)
2.
Art. 333 Adultery

Art. 334
Concubinage
Art. 335 When and

how rape is
committed
Art. 336 Acts of
lasciviousness
(under
circumstances of
rape)
Art. 337 Qualified
seduction
Widowed spouse, with regard to property which belonged to deceased spouse before it
passed to the possession of another
3. Brothers and sisters, brothers- and sisters-in-law, if living together
4. Also includes: stepfather, adoptive father, natural children, concubine, paramour, commonlaw spouse
CRIMES AGAINST CHASTITY
1. The woman is married
2. She has sexual intercourse with a man not her husband
3. The man must know her to be married
1. The man must be married
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling;
b. Having sexual intercourse under scandalous circumstances;
c. Cohabiting with her in any other place
3. The woman must know that the man must be married
Repealed by Anti-Rape Law of 1997 (RA 8353)
1.
2.
3.
I.
II.
Art. 338 Simple
seduction
1.
2.
3.
Art. 339 Acts of

lasciviousness with
the consent of the
offended party
(under
circumstances of
seduction)
Art. 340
Corruption of
minors
Art. 341 White
slave trade
Art. 342 Forcible
abduction
Art. 343
Consented
abduction
Art. 344
Prosecution of
crimes
Art. 345 Civil
liability of persons
guilty of crimes
against chastity
Art. 346 Liability of
That the offender commits any act of lasciviousness or lewdness;

That the act of lasciviousness is committed against a person of either sex;
That it is done under any of the following circumstances:
a. Using force or intimidation
b. When the offended party is deprived of reason or otherwise unconscious
c. By means of fraudulent machination or grave abuse of authority
d. When the offended party is under 12 years of age or demented
Seduction of a virgin over 12 years of age and under 18 years of age by persons who
abuse their authority or confidence reposed in them
1. Offended party is a virgin over 12 and under 18 years old
2. Offender is a priest, domestic servant, teacher, guardian
3. Offender had sexual intercourse with her
4. There is abuse of authority, confidence or relationship on the part of the offender
Seduction of a sister by her brother or descendant by her ascendant, regardless of her
age and reputation
Offended party a woman of good reputation, single, or a widow over 12 and under 18 years
old
Offender has sexual intercourse with her
By means of deceit
1.
2.
3.
Offender commits act of lasciviousness

Offended party is a virgin, a sister, or a descendant
That the acts of lasciviousness are committed through:
a. Abuse of authority
b. Abuse of confidence
c. Abuse of relationship
d. By means of deceit
1.
2.
3.
Offender is a pimp
That he facilitates the corruption of a minor
For the purpose of satisfying the lust of another
I.
II.
III.
1.
2.
3.
1.
2.
3.
4.
1.
2.
Engaging in prostitution
Profiting by prostitution
Enlisting the services of women for the purpose of prostitution
Person abducted is any woman, regardless of age, civil status, or reputation
Abduction is against her will
Abduction was with lewd designs
The woman must be a virgin
She must be over 12 years but under 18
The taking away must be with her consent, after solicitation or cajolery from the offender
The taking away must be with lewd designs
Adultery, concubinage upon complaint by offended spouse
Seduction, abduction, rape, acts of lasciviousness upon complaint by offended party,
parents, grandparents, guardians
To indemnify offended woman
To acknowledge offspring unless the law prevented him from doing so
In every case support the offspring
1.
2.
3.
Accomplices who are liable as principals

Criminal Law Book 2
UST Law 1A (2015)
ascendants,
guardians, teachers,
or other persons
entrusted with the
custody of the
offended party
Art. 347
Simulation of births,
substitution of one
child for another,
and concealment or
abandonment of a
legitimate child
Art. 348
Usurpation of civil
status
Art. 349 Bigamy
Art. 350 Illegal

marriages
Art. 352
Performance of
illegal marriage
ceremony
Art. 353
Defamation
1.
2.
3.
4.
5.
On the ff. crimes:

1. Rape
2. Acts of lasciviousness
3. Qualified seduction
4. Simple seduction
5. Acts of lasciviousness with consent
6. Corruption of minors
7. White slave trade
8. Forcible abduction
9. Consented abduction
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
I.
Simulation of birth
II.
Substitution of a child
III.
Concealing or abandoning any legitimate child with intent to cause such child to lose its
civil status
1. The child must be legitimate and fully developed
2. Offender conceals or abandons such child
3. Offender has intent to cause such child to lose its civil status
1.
2.
3.
Person represents himself to be another

Assumes filiation or parental or conjugal rights of another person
With intent to enjoy the rights arising from civil status
Qualifying circumstance: To defraud offended party or heirs

1. Offender has been legally married
2. Marriage has not been legally dissolved, or the absent spouse is not presumed dead
3. Offender contracts second, subsequent marriage
4. Subsequent marriage has all essential requisites for validity
1. Offender contracted marriage
2. He knew at the time that:
a. Requirements of the law were not complied with
b. The marriage was in disregard of legal impediment
Qualifying circumstance: Consent was obtained by violence, intimidation, or fraud
Offender authorized to solemnize illegal marriages
1.
2.
3.
4.
5.
Art. 354
Requirement for
publicity
Ascendants
Guardians
Curators
Teachers
Any other person who abused of authority or confidential relationship
I.
II.
CRIMES AGAINST HONOR

Imputation of a crime, vice or defect, real or imaginary, any act, omission, circumstance
Made publicly
Malicious
a. Malice in fact shown by proof of ill-will, hatred, purpose to injure; express malice
b. Malice in law presumed; proof not required
Directed to a natural or juridical person or one who is dead
Tending to cause the dishonor, discredit, or contempt of the person defamed
a. Dishonor disgrace, shame, ignominy
b. Discredit loss of credit or reputation; disesteem
c. Contempt state of being despised
d. Blacken memory of the dead
Presumption of malice rebutted
1. Imputation is true, if the law allows proof of truth
2. Good intention
3. Justifiable motive
Privileged communication
A. Private communication
1. Person had legal, moral, or social duty or had an interest to be upheld
2. Addressed to officer or board or superior with interest or duty on the matter
3. Good faith without malice in fact
B. Fair and true report of official proceedings
1. That it is a fair and true report of judicial, legislative, or other official
proceedings not confidential in nature, or statement of public officer made
Criminal Law Book 2
UST Law 1A (2015)
2.
3.
Art. 355 Libel by
means of writings or
similar means
Art. 356
Threatening to
publish and offer to
present such
publication for a
compensation
(blackmail)
Art. 357 Prohibited
publication of acts
referred to in the
course of official
proceedings (Gag
Law)
Art. 358 Slander
(oral defamation)
Art. 359 Slander
by deed
Art. 360 Persons
responsible
Art. 361 Proof of
truth (when
admissible)
Art. 362 Libelous
remarks
Art. 363
Incriminating
innocent person
Art. 364 Intriguing
against honor
Art. 365 Quasioffenses
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
I.
II.
during such proceedings, or acts of public officers in their official functions

Good faith
Without any comments or remarks
III.
Writing
Printing
Lithography
Engraving
Radio
Phonograph
Painting
Theatrical exhibition
Cinematographic exhibition
Any similar means
Light threats
Threatening another to publish a libel concerning a person, his parents, spouse, child,
other members of his family
Offering to prevent publication of libel for compensation
1.
2.
3.
Offender is an editor, reporter, or manager of a publication

Publishes facts connected to ones private life
Facts are offensive to honor, virtue, reputation
a.
b.
1.
2.
3.
1.
2.
3.
4.
1.
Simple slander
Grave slander
Offender performs any act not in any other crime against honor
In the presence of other persons
Such act casts dishonor, discredit, or contempt on the offended party
One who publishes, exhibits, or causes the publication or exhibition of the defamation
Author or editor
Editor or business manager
Owner of printing plant
When the act or omission imputed constitutes a crime, whether against a private individual or
public officer
2. When the offended party is a government employee, and the act or omission imputed is
related to the discharge of his official duties
Libelous remarks or comments connected with the matter privileged under the provisions of Article 354,
if made with malice, shall not exempt the author thereof nor the editor or managing editor of a
newspaper from criminal liability.
1. Offender performs an act
2. Directly incriminates or imputes to an innocent person the commission of a crime
3. Act does not constitute perjury
1.
2.
3.
I.
II.
III.

Offender makes any intrigue
The purpose is to blemish the honor or reputation of another person
QUASI-OFFENSES
Reckless imprudence (would constitute a grave, less grave, or light felony)
1. Offender does or fails to do an act
2. Such act is voluntary
3. Without malice
4. Material damage results
5. Inexcusable lack of precaution; considering
a. Employment or occupation
b. Degree of intelligence, physical condition
c. Persons, time, place
Simple imprudence (would constitute a grave, less grave, or light felony)
1. Lack of precaution on the part of the offender
2. Damage impending to be caused is not immediate or the danger not clearly
manifest
Damage to property through reckless imprudence or negligence
Criminal Law Book 2

UST Law 1A (2015)

RPC Book 2 and Special Penal Laws Elements

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

RPC Book 2 and Special Penal Laws Elements

Uploaded by

Copyright:

Available Formats

REVISED PENAL CODE

Art. 115 Conspiracy and

Art. 116 Misprision of

Art. 118 Inciting to war or

Art. 121 - Flight to

Art. 123 - Qualified

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Criminal Law Book 2

Art. 124 Arbitrary

Art. 125 Arbitrary

The crime is accompanied by murder, homicide, physical injuries or rape

Qualified mutiny (acc. to legal luminaries)

Art. 128 Violation

Art. 129 Search

Art. 134 Rebellion

Art. 134-A Coup

Art. 135 Penalty

a. The service of the notice of such order to the prisoner

That the offender is a public officer or employee

Art. 139 Sedition

Art. 140 Penalty

Art. 143 Acts

The second and third acts are punishable when:

the meeting of the

Art. 145 Violation

Art. 146 Illegal

Art. 147 Illegal

Art. 148 Direct

Offender is any person

Art. 149 Indirect

Qualified direct assault

Art. 152 Persons

Art. 153 Tumults

performance of official duty

Resistance and serious disobedience

Art. 154 Unlawful

Art. 155 Alarms

Art. 156 Delivering

Art. 158 Evasion

Art. 159 Evasion

The offender was already convicted by final judgment of one offense

* Special aggravating circumstance

CRIMES AGAINST PUBLIC INTEREST

Criminal Law Book 2

Art. 164 Mutilation

Art. 165 Selling of

Art. 169 How

b. He has the official custody of the document which he falsifies

Uttering fictitious, wireless, telegraph or telephone message

Art. 174 False

Art. 175 Using

Art. 178 Using

Art. 179 Illegal use

Art. 180 False

Art. 181 False

2. That the offender commits any of the aforementioned acts

Usurpation of authority is committed when a person knowingly and falsely represents

Art. 183 False

Art. 184 Offering

Art. 189 Unfair

The testimony must be given in a civil case

of origin, or any false description or representation, and

CRIMES AGAINST OPIUM AND OTHER PROHIBITED DRUGS /