I.

CRIMES AGAINST PERSONS

I. DESTRUCTION OF LIFE

Section 1: Parricide, murder, homicide
A. ELEMENTS OF PARRICIDE: (246)
1. That a person is killed.
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other
ascendant or other descendant, or the legitimate spouse of the accused.
Notes:
1. The relationship of the offender with the victim is the essential element of the felony
2. Parents and children are not included in the term ascendants or descendants
3. The other ascendant or descendant must be legitimate. On the other hand, the father, mother or child
may be legitimate or illegitimate
4. The child should not be less than 3 days old. Otherwise, the offense is infanticide
5. Relationship must be alleged
6. A stranger who cooperates in committing parricide is liable for murder or homicide
7. Even if the offender did not know that the person he had killed is his son, he is still liable for parricide
because the law does not require knowledge of the relationship

B. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES (247)
Requisites:
1. A legally married person or parent surprises his spouse or daughter (the latter must be under 18 and
living with them) in the act of committing sexual intercourse with another person
2. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the
act or immediately thereafter
3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not consented
to the infidelity of the other spouse.
Notes:
1. Article does not define or penalize a felony
2. Not necessary that the parent be legitimate
3. Article applies only when the daughter is single
4. Surprise: means to come upon suddenly or unexpectedly
5. Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with another
person. However, it is enough that circumstances reasonably show that the carnal act is being
committed or has been committed
6. Sexual intercourse does not include preparatory acts
7. Immediately thereafter: means that the discovery, escape, pursuit and the killing must all form parts of
one continuous act
8. The killing must be the direct by-product of the rage of the accused
9. No criminal liability is incurred when less serious or slight physical injuries are inflicted. Moreover, in
case third persons caught in the crossfire suffer physical injuries, the accused is not liable. The principle
that one is liable for the consequences of his felonious act is not applicable because he is not committing
a felony
C. ELEMENTS OF MURDER: (248)
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of the following qualifying circumstances
a. with treachery, taking advantage of superior strength, with the aid or armed men, or
employing means to weaken the defense or of means or persons to insure or afford impunity
b. in consideration of price, reward or promise
c. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or
assault upon a street car or locomotive, fall of airship, by means of motor vehicles or with the
use of any other means involving great waste or ruin
d. on occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public calamity
e. with evident premeditation
f. with cruelty, by deliberately and inhumanely augmenting the suffering of the victim or
outraging or scoffing at his person or corpse
4. The killing is not parricide or infanticide.
Notes:
1. The victim must be killed in order to consummate the offense. Otherwise, it would be attempted or
frustrated murder
2. Murder will exist with only one of the circumstances. The other circumstances are absorbed or included
in one qualifying circumstance. They cannot be considered as generic aggravating circumstances
3. Any of the qualifying circumstances must be alleged in the information. Otherwise, they will only be
considered as generic aggravating circumstances
4. Treachery and premeditation are inherent in murder with the use of poison.

D. ELEMENTS OF HOMICIDE: (249)
1. That a person was killed.
2. That the accused killed him without any justifying circumstances.
3. That the accused had the intention to kill, which is presumed.
4. That the killing was not attended by any of the qualifying circumstances of murder, or by that of
parricide or infanticide.
Notes:
1. Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is required
only in attempted or frustrated homicide
2. There is no crime of frustrated homicide through negligence
3. When the wounds that caused death were inflicted by 2 different persons, even if they were not in
conspiracy, each one of them is guilty of homicide
4. In all crimes against persons in which the death of the victim is an element, there must be satisfactory
evidence of (1) the fact of death and (2) the identity of the victim

E. ELEMENTS OF DEATH IN A TUMULTOUS AFFRAY: (251)
1. That there be several persons.
2. That they did not compose groups organized for the common purpose of assaulting and attacking each
other reciprocally.
3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner.
4. That someone was killed in the course of the affray.
5. That it cannot be ascertained who actually killed the deceased.
6. That the person or persons who inflicted serious physical injuries or who used violence can be
identified.
Notes:
1. Tumultuous affray exists when at least 4 persons take part in it
2. When there are 2 identified groups of men who assaulted each other, there is no tumultuous affray
3. Persons liable are:
1. person/s who inflicted serious physical injuries
2. if it is not known who inflicted serious physical injuries on the deceased, all persons who used
violence upon the person of the victim.

F. ELEMENTS OF PHYSICAL INJURIES INFLICTED IN A TUMULTOUS AFFRAY: (252)
1. That there is a tumultuous affray as referred to in the preceding article.
2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a
less serious nature only.
3. That the person responsible therefor cannot be identified.
4. That all those who appear to have used violence upon the person of the offended party are known.

G.GIVING ASSISTANCE TO SUICIDE: (253)
Acts punishable:
1. Assisting another to commit suicide, whether the suicide is consummated or not
2. Lending his assistance to another to commit suicide to the extent of doing the killing himself.
Notes:
1. A person who attempts to commit suicide is not criminally liable
2. A pregnant woman who tried to commit suicide by means of poison but instead of dying, the fetus in her
womb was expelled, is not liable for abortion
3. Assistance to suicide is different from mercy-killing. Euthanasia is the practice of painlessly putting to
death a person suffering from some incurable disease. In this case, the person does not want to die. A
doctor who resorts to euthanasia may be held liable for murder
4. Penalty is mitigated if suicide is not successful.

H. ELEMENTS OF DISCHARGE OF FIREARMS: (254)
1. That the offender discharges a firearm against or at another person.
2. That the offender has no intention to kill that person.
Notes:
1. The offender must shoot at another with any firearm without intention of killing him. If the firearm is
not discharged at a person, the act is not punished under this article
2. A discharge towards the house of the victim is not discharge of firearm. On the other hand, firing a gun
against the house of the offended party at random, not knowing in what part of the house the people
were, it is only alarm under art 155.
3. Usually, the purpose of the offender is only to intimidate or frighten the offended party
4. Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards
5. A person can be held liable for discharge even if the gun was not pointed at the offended party when it
fired for as long as it was initially aimed at or against the offended party.
6. RA 10591, Sec.29:
a. If the use of loose firearm, when inherent in the commission of crime punishable under RPC
aggravating circumstance
b. If the violation of this Act is in furtherance of, or incident to, or in connection with crime of
rebellion of insurrection, or attempted coup dtat absorbed as an element of such crimes
c. If crime is committed by person without using loose firearm distinct and separate offense

Section 2: Infanticide and abortion
I. ELEMENTS OF INFANTICIDE: (255)
1. That a child was killed.
2. That the deceased child was less than three days (72 hours) of age.
3. That the accused killed the said child.
Notes:
1. When the offender is the father, mother or legitimate ascendant, he shall suffer the penalty prescribed
for parricide. If the offender is any other person, the penalty is that for murder. In either case, the
proper qualification for the offense is infanticide
2. When infanticide is committed by the mother or maternal grandmother in order to conceal the
dishonor, such fact is only mitigating
3. The delinquent mother who claims that she committed the offense to conceal the dishonor must be of
good reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty because she has no
honor to conceal
4. There is no infanticide when the child was born dead, or although born alive it could not sustain an
independent life when it was killed.

J. ELEMENTS OF INTENTIONAL ABORTION: (256)
1. That there is a pregnant woman.
2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon
such pregnant woman.
3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused,
the fetus dies, either in the womb or after having been expelled therefrom.
4. That the abortion is intended.

Ways of committing intentional abortion:
1. By using any violence upon the person of the pregnant woman.
2. By acting, but without using violence, without the consent of the woman. (by administering drugs or
beverages upon such pregnant woman without her consent)
3. By acting (by administering drugs or beverages), with the consent of the pregnant woman.

K. ELEMENTS OF UNINTENTIONAL ABORTION: (257)
1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman without intending an abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence that fetus dies, either in the womb or after having been expelled
therefrom.
Notes:
1. Unintentional abortion can also be committed through negligence
a. The accused can only be held liable if he knew that the woman was pregnant
b. If there is no intention to cause abortion and neither was violence exerted, art. 256 and 257
does not apply.

L. ELEMENTS OF ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS: (258)
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by
a. the pregnant woman herself
b. any other person, with her consent, or
c. Any of her parents, with her consent for the purpose of concealing her dishonor.
Notes:
1. Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However, there is
no litigation for the parents of the pregnant women even if their purpose is to conceal their daughters
dishonor
2. In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor of their
daughter. This is not so for art 258

M. ELEMENTS OF ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES:
(259)
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a physician or midwife, causes or assists in causing the abortion.
4. That said physician or midwife takes advantage of his or her scientific knowledge or skill.
As to the pharmacists, the elements are:
1. That the offender is a pharmacist
2. That there is no proper prescription from a physician
3. That the offender dispenses any abortive
Notes:
1. It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. What is
punished is the act of dispensing an abortive without the proper prescription. It is not necessary that
the abortive be actually used
2. If the pharmacist knew that the abortive would be used to cause abortion and abortion results, he is
liable as an accomplice

Section 3: Duel
N. RESPONSIBILITY OF PARTICIPANTS IN A DUEL: (260)
Acts punished:
1. Killing ones adversary in a duel
2. Inflicting upon the adversary serious physical injuries
3. Making a combat although no physical injuries have been inflicted
Persons liable:
1. Principals person who killed or inflicted physical injuries upon his adversary, or both combatants in
any other cases
2. Accomplices the seconds
Notes:
1. Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2 or more
seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the
fight
2. If death results, the penalty is the same as that for homicide

O. CHALLENGING TO A DUEL: (261)
Acts punishable:
1. Challenging another to a duel
2. Inciting another to give or accept a challenge to a duel
3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel
Persons liable:
1. Challenger
2. Instigators
II. PHYSICAL INJURIES

A. MUTILATION: (262)
Kinds of Mutilation
1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for
reproduction
2. Intentionally making another mutilation, i.e. lopping, clipping off any part of the body of the offended
party, other than the essential organ for reproduction, to deprive him of that part of the body
Elements: (1
st
Kind)
1. There be a castration i.e. mutilation of organs necessary for generation
2. Mutilation is caused purposely and deliberately
Notes:
1. In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be considered as
mutilation of the second kind
2. Mayhem: refers to any other intentional mutilation
B. SERIOUS PHYSICAL INJURIES: (263)
How Committed
1. Wounding
2. Beating
3. Assaulting
4. Administering injurious substances

What are serious physical injuries?
1. Injured person becomes insane, imbecile, impotent or blind
2. Injured person
a. loses the use of speech or the power to hear or to smell, loses an eye, a hand, foot, arm or leg
b. loses the use of any such member
c. becomes incapacitated for the work in which he had been habitually engaged
3. Injured person
a. becomes deformed
b. loses any other member of his body
c. loses the use thereof
d. becomes ill or incapacitated for the performance of the work in which he had been habitually
engaged in for more than 90 days
4. Injured person becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days)
Notes:
1. Serious physical injuries may be committed through reckless imprudence or simple imprudence
2. There must be no intent to kill
3. Impotent should include inability to copulate and sterility
4. Blindness requires loss of vision in both eyes. Mere weakness in vision is not contemplated
5. Loss of power to hear must involve both ears. Otherwise, it will be considered as serious physical
injuries under par 3
6. Loss of use of hand or incapacity of usual work in par 2 must be permanent
7. Par 2 refers to principal members of the body. Par 3 on the other hand, covers any other member which
is not a principal part of the body. In this respect, a front tooth is considered as a member of the body,
other than a principal member
8. Deformity: means
a. physical ugliness,
b. Permanent and definite abnormality. Not curable by natural means or by nature.
c. It must be conspicuous and visible. Thus, if the scar is usually covered by a dress, it would not
be conspicuous and visible
9. The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth which
impaired appearance is a deformity
10. Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature
11. Loss of both outer ears constitutes deformity and also loss of the power to hear. Meanwhile, loss of the
lobule of the ear is only a deformity
12. Loss of the index and middle fingers is either a deformity or loss of a member, not a principal one of his
body or use of the same
13. Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the
body
14. If the injury would require medical attendance for more than 30 days, the illness of the offended party
may be considered as lasting more than 30 days. The fact that there was medical attendance for that
period of time shows that the injuries were not cured for that length of time
15. Under par 4, all that is required is illness or incapacity, not medical attendance
16. In determining incapacity, the injured party must have an avocation at the time of the injury. Work:
includes studies or preparation for a profession
17. When the category of the offense of serious physical injuries depends on the period of the illness or
incapacity for labor, there must be evidence of the length of that period. Otherwise, the offense will only
be considered as slight physical injuries
18. There is no incapacity if the injured party could still engage in his work although less effectively than
before
19. Serious physical injuries is qualified when the crime is committed against the same persons enumerated
in the article on parricide or when it is attended by any of the circumstances defining the crime of
murder. However, serious physical injuries resulting from excessive chastisement by parents is not
qualified serious physical injuries

C. ELEMENTS OF ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES: (264)
1. That the offender inflicted upon another person any serious physical injury
2. That it was done knowingly administering to him any injurious substances or beverages or by taking
advantage of his weakness of mind of credulity
3. He had no intent to kill
Notes:
1. It is frustrated murder when there is intent to kill
2. Administering means introducing into the body the substance, thus throwing of the acid in the face is
not contemplated.

D. ELEMENTS OF LESS SERIOUS PHYSICAL INJURIES: (265)
1. That the offended party is incapacitated for labor for 10 days or more (but not more than 30 days), or
needs medical attendance for the same period of time
2. That the physical injuries must not be those described in the preceding articles
Notes:
1. Circumstances qualifying the offense:
a. when there is manifest intent to insult or offend the injured person
b. when there are circumstances adding ignominy to the offense
c. when the victim is either the offenders parents, ascendants, guardians, curators or teachers
d. when the victim is a person of rank or person in authority, provided the crime is not direct
assault
It falls under this article even if there was no incapacity but the medical treatment was for 13 days
E. SLIGHT PHYSICAL INJURIES: (266)
3 Kinds:
1. That which incapacitated the offended party for labor from 1-9 days or required medical attendance
during the same period
2. That which did not prevent the offended party from engaging in his habitual work or which did not
require medical attendance (ex. Black-eye)
3. Ill-treatment of another by deed without causing any injury (ex. slapping but without causing dishonor)

III. RAPE
A. Rape (355)
The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against Persons incorporated
into Title 8 of the RPC to be known as Chapter 3
Rape is committed
I. Elements under paragraph 1 (Rape by Sexual Intercourse)
1. That the offender is a man
2. That the offender had who carnal knowledge of a woman
3. That such act is accomplished under any of the following circumstances:
a. through force, threat or intimidation
b. when the offended party is deprived of reason or otherwise unconscious
c. by means of fraudulent machination or grave abuse of authority
d. when the offended party is under 12 years of age or is demented
II. Elements under paragraph 2 (Rape through Sexual Assault)
1. That the offender commits an act of sexual assault
2. That 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. That the act of sexual assault is accomplished under any of the following circumstances:
a. through force, threat or intimidation
b. when the offended party is deprived of reason or otherwise unconscious
c. by means of fraudulent machination or grave abuse of authority
d. when the offended party is under 12 years of age or is demented

Rape committed under par 1 is punishable by:
1. reclusion perpetua
2. reclusion perpetuato DEATH when
a. victim became insane by reason or on the occasion of rape
b. the rape is attempted and a homicide is committed by reason or on the occasion thereof
3. DEATH when
a. homicide is committed
b. victim under 18 years and offender is:
1. parent
2. ascendant
3. step-parent
4. guardian
5. relative by consanguinity or affinity with the 3
rd
civil degree or
6. common law spouse of parent of victim
c. under the custody of the police or military authorities or any law enforcement or penal
institution
d. committed in full view of the spouse, parent or any of the children or other relatives within
the 3
rd
degree of consanguinity
e. victim is a religious engaged in legitimate religious vocation or calling and is personally
known to be such by the offender before or at the time of the commission of the crime
f. a child below 7 years old
g. offender knows he is afflicted with HIV or AIDS or any other sexually transmissible disease
and the virus is transmitted to the victim
h. offender; member of the AFP, or para-military units thereof, or the PNP, or any law
enforcement agency or penal institution, when the offender took advantage of his position to
facilitate the commission of the crime
i. victim suffered permanent physical mutilation or disability
j. the offender knew of the pregnancy of the offended party at the time of the commission of the
crime; and
k. when the offender knew of the mental disability, emotional disorder and/or physical handicap
or the offended party at the time of the commission of the crime

Rape committed under par 2 is punishable by:
1. 1. prision mayor
2. 2. prision mayor to reclusion temporal
1. use of deadly weapon or
2. by two or more persons
3. reclusion temporal when the victim has become insane
4. reclusion temporal to reclusion perpetua rape is attempted and homicide is committed
5. reclusion perpetua homicide is committed by reason or on occasion of rape
6. reclusion temporal committed with any of the 10 aggravating circumstances mentioned above
Notes:
1. The underscored words are the amendments provided by RA 8353 prohibiting the imposition of the
death penalty, the penalty of reclusion perpetua without eligibility for parole shall be imposed, in lieu of
death.
2. Pursuant to RA 9346
3. Dividing age in rape:
a. less than 7 yrs old, mandatory death
b. less than 12 yrs old, statutory rape
c. less than 18 yrs old and there is relationship (e.g. parent etc); mandatory death

B. EFFECT OF PARDONG (266-C)
1. Marriage extinguishes not only the penal action, but likewise the penalty that may be imposed- only as
to the principal (i.e., husband) and not as to the accomplices and accessories.
2. Husband may also be guilty of rape of his wife subsequent forgiveness by wife extinguishes the
criminal action or the penalty

C. PRESUMPTIONS (266-D)
Evidence which may be accepted in the prosecution of rape
1. Any physical overt act manifesting resistance against the act of rape in any degree from the offended
party; or
2. Where the offended party is so situated as to render him/her incapable of giving consent.

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

I. CRIMES AGAINST LIBERTY

Section 1: Illegal Detention
A. ELEMENTS OF KIDNAPPING AND SERIOUS ILLEGAL DETENTION: (267)
1. 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. That in the commission of the offense, any of the following circumstances are present (becomes serious)
a. that the he kidnapping/detention lasts for more than 3 days
b. that it is committed simulating public authority
c. that any serious physical injuries are inflicted upon the person kidnapped or detained or
threats to kill him are made, or
d. that the person kidnapped or detained is a minor (except if parent is the offender), female or a
public officer
Note: When death penalty is imposed:
1. if kidnapping is committed for the purpose of extorting ransom either from the victim or from any other
person even if none of the aforementioned are present in the commission of the offense (even if none of
the circumstances are present)
2. when the victim is killed or dies as a consequence of the detention or is raped or is subjected to torture
or dehumanizing acts

B. ELEMENTS OF SLIGHT ILLEGAL DETENTION: (268)
1. Offender is a private person
2. He kidnaps or detains another or in any other manner deprives him of his liberty / furnished place for
the perpetuation of the crime
3. That the act of detention or kidnapping must be illegal
4. That the crime is committed without the attendant of any of the circumstances enumerated in Art 267
Note: Privileged mitigating circumstances:
If the offender:
1. voluntarily releases the person so kidnapped or detained within 3 days from the commencement of the
detention
2. without having attained the purpose intended and
3. before the institution of criminal proceedings against him

C. ELEMENTS OF UNLAWFUL ARREST: (269)
1. That the offender arrests or detains another person
2. That the purpose of the offender is to deliver him to the proper authorities
3. That the arrest or detention is not authorized by law or there is no reasonable ground therefor
Notes:
1. Offender is any person, so either a public officer or private individual
2. Refers to warrantless arrests
3. In art 125, the detention is for some legal ground while here, the detention is not authorized by law
4. In art 125, the crime pertains to failure to deliver the person to the proper judicial authority within the
prescribed period while here, the arrest is not authorized by law

Section 2: Kidnapping of minors

D. ELEMENTS OF KIDNAPPING AND FAILURE TO RETURN A MINOR: (270)
1. That the offender is entrusted with the custody of a minor person (whether over or under 7 but less
than 18 yrs old)
2. That he deliberately fails to restore the said minor to his parents

E. ELEMENTS OF INDUCING A MINOR TO ABANDON HIS HOME: (271)
1. That the minor (whether over or under 7) is living in the home of his parents or guardians or the person
entrusted with his custody
2. That the offender induces a minor to abandon such home
Notes:
1. Inducement must be actual, committed with criminal intent and determined by a will to cause damage
2. Minor should not leave his home of his own free will
3. Mitigating if by father or mother

Section 3: Slavery and Servitude
F. ELEMENTS OF SLAVERY: (272)
1. That the offender purchases, sells, kidnap or detains a human being.
2. That the purpose of the offender is to enslave such human being.
Note: Qualifying circumstance if the purpose of the offender is to assign the offended party to some immoral
traffic (prostitution), the penalty is higher

G. ELEMENTS OF EXPLOITION OF CHILD LABOR: (273)
1. That the offender retains a minor in his service.
2. That it is against the will of the minor.
3. That 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.

H. ELEMENTS OF SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT: (274)
1. That the offender compels a debtor to work for him, either as household servant or farm laborer.
2. That it is against the debtors will.
3. That the purpose is to require or enforce the payment of a debt.

II. CRIMES AGAINST SECURITY

Section 1: Abandonment of helpless persons and exploitation of minors
A. ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONES OWN VICTIM: (275)
Acts punishable:
1. By failing to render assistance to any person whom the offender finds in an inhabited place wounded or
in danger of dying, when he can render such assistance without detriment to himself, unless such
omission shall constitute a more serious offense
Elements:
a. That place is not inhabited.
b. The accused found there a person wounded or in danger of dying.
c. The accused can render assistance without detriment to himself.
d. The accused fails to render assistance.
2. By failing to help or render assistance to another whom the offender has accidentally wounded or
injured
3. By failing to deliver a child, under 7 whom the offender has found abandoned, to the authorities or to his
family, or by failing to take him to a safe place.

B. ELEMENTS OF ABANDONING A MINOR: (276)
1. That the offender has the custody of a child.
2. That the child is under seven years of age.
3. That he abandons such child.
4. That he has no intent to kill the child when the latter is abandoned.
Notes:
1. Conscious, deliberate, permanent, unless punishable by a more serious offense
2. Qualifying circumstances:
a. when the death of the minor resulted from such abandonment
b. if the life of the minor was in danger because of the abandonment

C. ELEMENTS OF ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE
OF PARENTS: (277) Acts punished:
1. By delivering a minor to a public institution or other persons w/o 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. By neglecting his (offenders) children by not giving them the education which their station in life
requires and financial condition permits
Elements of abandonment of minor by one charged with the rearing or education of said minor:
2. That the offender has charged of the rearing or education of a minor.
3. That he delivers said minor to a public institution or other persons.
4. That the one who entrusted such child to the offender has not consented to such act, or if the one who
entrusted such child to the offender is absent; the proper authorities have not consented to it.
Elements of indifference of parents:
1. That the offender is a parent.
2. That he neglects his children by not giving them education.
3. That his station in life requires such education and his financial condition permits it.

D. ELEMENTS OF EXPLOITATION OF MINORS: (278)
Acts punished:
1. By causing any boy or girl under 16 to perform any dangerous feat of balancing, physical strength or
contortion, the offender being any person
2. By employing children under 16 who are not the children or descendants of the offender in exhibitions
of acrobat, gymnast, rope-walker, diver, or wild-animal tamer or circus manager or engaged in a similar
calling
3. By employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding
paragraph, the offender being engaged in any of said callings
4. By delivering a child under 16 gratuitously to any person following any of the callings enumerated in
par 2 or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher or person
entrusted in any capacity with the care of such child
5. By inducing any child under 16 to abandon the home of its ascendants; guardians, curators or teachers
to follow any person engaged in any of the callings mentioned in par 2 or to accompany any habitual
vagrant or beggar, the offender being any person
Note: Qualifying Circumstance if the delivery of the child to any person following any of the callings of acrobat,
rope-walker, diver or wild-animal trainer or circus manager or to any habitual vagrant of beggar is made in
consideration of any price, compensation or promise, the penalty is higher.

Section 2: Trespass to dwelling
F. ELEMENTS OF TRESPASS TO DWELLING: (280)
1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the latters will
Notes:
1. Qualifying circumstance: if the offense is committed by means of violence or intimidation, the penalty is
higher
2. There must be an opposition to the entry of the accused
3. Implied prohibition is present considering the situation late at night and everyones asleep or entrance
was made through the window
4. Prohibition is not necessary when violence or intimidation is employed by the offender
5. When there is no overt act of the crime intended to be committed, this is the crime
6. May be committed even by the owner (as against the actual occupant)
7. Not applicable to:
a. entrance is for the purpose of preventing harm to himself, the occupants or a third person
b. purpose is to render some service to humanity or justice
c. place is a caf, tavern etc while open
8. Medina case: when the accused entered the dwelling through the window, he had no intent to kill any
person inside, but the intention to kill came to his mind when he was being arrested by the occupants
thereof, the crime of trespass to dwelling is a separate and distinct offense from frustrated homicide

G. ELEMENTS OF OTHER FORMS OF TRESPASS: (281)
1. That the offender enters the closed premises or the fenced estate of another.
2. That the entrance is made while either of them is uninhabited.
3. That the prohibition to enter be manifest.
4. That the trespasser has not secured the permission of the owner or the caretaker thereof.

Section 3: Threats and coercion
H. GRAVE THREATS WHERE OFFENDER ATTAINED HIS PURPOSE: (282)
Acts punishable:
1. By threatening another with the infliction upon his person, honor or property 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 (Note: threat is with condition)
2. By making such threat without the offender attaining his purpose
3. By threatening another with the infliction upon his person, honor or property or that of his family of any
wrong amounting to a crime, the threat not being subject to a condition (Note: threat is without
condition)
Elements of grave threats where offender attained his purpose:
1. That 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. That such wrong amounts to a crime.
3. That there is a demand for money or that any other condition is imposed, even though not unlawful.
4. That the offender attains his purpose.
Elementsof grave threats not subject to a condition:
1. That 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. That such wrong amounts to a crime.
3. That the threat is not subject to a condition
Notes:
1. Aggravating circumstances: if made in writing or thru a middleman
2. Frustrated if not received by the person being threatened
3. Art 284 bond from good behavior may be imposed (only in these offenses)

I. ELEMENTS OF LIGHT THREATS: (283)
1. That the offender makes a threat to commit a wrong.
2. That the wrong does not constitute a crime.
3. That there is a demand for money or that other condition is imposed, even though not unlawful
4. That the offender has attained his purpose or, that he has not attained his purpose

J. BOND FOR GOOD BEHAVIOR: (284)
Cases where a person may be required to give bail not to molest another:
1. When he threatens another under the circumstances mentioned in Art. 282.
2. When he threatens another under the circumstances mentioned in Art. 283. Note: The giving of bail is an
additional penalty

K. OTHER LIGHT THREATS: (285) Acts punished:
1. Person shall threaten another with a weapon, or draw weapon in a quarrel unless in self-defense.
2. In the heat of anger, person orally threatens another with some harm constituting a crime, without
persisting in the idea involved in the threat. Subsequent acts did not persist.
3. Person orally threatens another with harm not constituting a felony.

L. GRAVE COERCIONS: (286)
Ways of committing:
1. By preventing another, by means of violence, threats or intimidation, from doing something not
prohibited by law.
2. By compelling another, by means of violence, threats or intimidation, to do something against his will,
whether it be right or wrong.
Elements:
1. That a person prevented another from doing something OR not to do something against his will, be it
right or wrong;
2. That the prevention or compulsion be effected by violence, of force as would produce intimidation and
control the will.
That the person that restrained the will and liberty by another had not the authority of law or the right to do so,
or, in other words, that the restraint shall not be made under authority of law or in the exercise of any lawful right.

M. ELEMENTS OF LIGHT COERCIONS: (287)
1. That the offender must be a creditor.
2. That he seizes anything belonging to his debtor.
3. That the seizure of the thing be accomplished by means of violence or a display of material force
producing intimidation;
4. That the purpose of the offender is to apply the same to the payment of the debt.

N. ELEMENTS OF OTHER SIMILAR COERCIONS: (288)
Acts punished:
1. By forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling of the
laborer or employee of the offender to purchase merchandise or commodities of any kind from him.
Elements:
a. That the offender is any person, agent or officer of any association or corporation.
b. That he or such firm or corporation has employed laborers or employees.
c. That he forces or compels, directly or indirectly, or knowingly permits to be forced or
compelled, any of his or its laborers or employees to purchase merchandise or commodities of
any kind from his or from said firm or corporation.
2. 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 laborer or employee.
Elements:
a. That the offender pays the wages due a laborer or employee employed by him by means of
tokens or objects.
b. That those tokens or objects are other than the legal tender currency to the Philippines.
c. That such employee or laborer does not expressly request that he be paid by means of tokens
or objects.

O. ELEMENTS OF FORMATION, MAINTENANCE, AND PROHIBITION OF COMBINATION OF CAPITAL OR
LABOR THROUGH VIOLENCE OR THREATS: (289)
1. That the offender employs violence or threats, in such a degree as to compel or force the laborers or
employers in the free and legal exercise of their industry or work
2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or
lockout of employees.

III. DISCOVERY AND REVELATION OF SECRETS

A. ELEMENTS OF DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE: (290)
1. That the offender is a private individual or even a public officer not in the exercise of his official
function,
2. That he seizes the papers or letters of another.
3. That the purpose is to discover the secrets of such another person.
4. That offender is informed of the contents or the papers or letters seized.
Notes:
1. Not applicable to parents with respect to minor children
2. Contents need not be secret but purpose prevails
3. Circumstances qualifying the offense: when the offender reveals contents of such papers or letters of
another to a 3
rd
person, the penalty is higher

B. ELEMENTS OF REVEALING SECRETS WITH ABUSE OF OFFICE: (291)
1. That the offender is a manager, employee or servant.
2. That he learns the secrets of his principal or master in such capacity.
3. That he reveals such secrets.
Note: Damage is not necessary under this article.

C. ELEMENTS OF REVELATION OF INDUSTRIAL SECRETS: (292)
1. That the offender is a person in charge, employee or workman of a manufacturing or industrial
establishment.
2. That the manufacturing or industrial establishment has a secret of the industry which the offender has
learned.
3. That the offender reveals such secrets.
4. That the prejudice is caused to the owner.

CRIMES AGAINST PROPERTY

I. ROBBERY IN GENERAL
ELEMENTS OF ROBBERY IN GENERAL: (293)
1. That there is personal property belonging to another.
2. That there is unlawful taking of that property.
3. That the taking must be with intent to gain, and
4. That there is violence against or intimidation of any person, or force upon anything.
Notes:
1. Belonging to another person from whom property was taken need not be the owner, legal possession
is sufficient
2. Name of the real owner is not essential so long as the personal property taken does not belong to the
accused except if crime is robbery with homicide
3. Taking of personal property must be unlawful; if given in trust estafa
4. As to robbery with violence or intimidation from the moment the offender gains possession of the
thing even if offender has had no opportunity to dispose of the same, the unlawful taking is complete
5. As to robbery with force upon things thing must be taken out of the building
6. Intent to gain presumed from unlawful taking
7. Taking must not be under the claim of title or ownership
8. When theres no intent to gain but there is violence in the taking grave coercion
9. Violence or intimidation must be against the person of the offended party, not upon the thing
10. General rule: violence or intimidation must be present before the taking is complete
11. Except: when violence results in homicide, rape, intentional mutilation or any of the serious physical
injuries in par 1 and 2 of art 263, the taking of the property is robbery complexed with any of these
crimes under art 294, even if taking is already complete when violence was used by the offender
12. Use of force upon things entrance to the building by means described in arts 299 and 302 (offender
must enter)
13. When both violence or intimidation and force upon things concur it is robbery with violence

Robbery with
violence Grave threats Grave coercion
Intent to gain No intent to gain None
Immediate
harm
Intimidation; promises some
future harm or injury
Intimidation (effect) is immediate and offended party is
compelled to do something against his will (w/n right or wrong)


Section1: Robbery with violence against or intimidation of persons
A. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSON: (294)
Acts punished as robbery with violence against or intimidation of persons
By reason or on occasion of the robbery, the following are committed:
1. homicide
2. robbery accompanied with rape or intentional mutilation, SPI insane, imbecile, impotent or blind
3. SPI lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such member, incapacitated
for work habitually engaged in
4. Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime or when in
the cause of its execution SPI/deformity, or shall have lost any part of the body or the use thereof or
shall have been ill or incapacitated for the performance of the work for > 90 days; > 30 days
5. Any kind of robbery with less serious physical injuries or slight physical injuries
Notes:
1. special complex crimes (specific penalties prescribed)
1. robbery with homicide if original design is robbery and homicide is committed robbery
with homicide even though homicide precedes the robbery by an appreciable time. If original
design is not robbery but robbery was committed after homicide as an afterthought 2
separate offenses. Still robbery with homicide if the person killed was an innocent
bystander and not the person robbed and if death supervened by mere accident.
2. robbery with rape intent to commit robbery must precede rape. Prosecution of the crime
need not be by offended party fiscal can sign the information. When rape and homicide co-
exist, rape should be considered as aggravating only and the crime is still robbery with
homicide
3. qualifying circumstances in robbery with violence or intimidation of persons, if any of the
offenses defined in subdivisions 3, 4 and 5 of Art 294 is committed:
a. in an uninhabited place or
b. by a band or
c. by attacking a moving train, street car, motor vehicle or airship, or
d. by entering the passengers compartments in a train, or in any manner taking the
passengers thereof by surprise in the respective conveyances, or
e. on a street, road, highway or alley and the intimidation is made with the use of
firearms, the offender shall be punished by the max period of the proper penalties
prescribed in art 294

B. QUALIFIED ROBBERY WITH VIOLENCE OR INTIMIDATION (295)
Notes:
1. Must be alleged in the information
2. Cant be offset by generic mitigating
3. Art 295 will not apply to:
a. robbery w/ homicide ( subdivision 1, Art. 294)
b. Robbery w/ rape or intentional mutilation, or arson ( subdivision 1, Art. 294)
c. Robbery w/ any SPI resulting in insanity, imbecility, impotency or blindness ( subdivision 2,
Art. 294)

C. ROBBERY BY A band: (296)
Notes:
1. More than 3 armed malefactors
2. Liability for the acts of the other members of the band
Requisites:
a. he was a member of the band
b. he was present at the commission of a robbery by that band
c. other members of the band committed an assault
d. he did not attempt to prevent the assault
3. Conspiracy to commit robbery with homicide even if less than 4 armed men
4. Conspiracy to commit robbery only but homicide was committed also on the occasion thereof all
members of the band are liable for robbery with homicide Conspiracy is presumed when 4 or more
armed persons committed robbery, unless the others attempted to prevent the assault guilty of
robbery by band only.

D. ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE: (297)
Notes:
1. Whether robbery is attempted or frustrated, penalty is the same
2. Where offense committed is attempted or frustrated robbery with serious physical injuries article 48
is applicable
3. Attempted robbery with homicide by a band article 296 is applicable

E. ELEMENTS OF EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION: (298)
1. That the offender has intent to defraud another.
2. That the offender compels him to sign, execute, or deliver any public instrument or document.
3. That the compulsion is by means of violence or intimidation.
Note: Not applicable if the document is VOID.

Section 2: Robbery by the use of force upon things
F. ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP: (299)
ELEMENTS under SUBDIVISION (A):
1. That the offender entered (a) an inhabited house, or (b) public buildings, or (c) edifice devoted to
religious worship.
2. That 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 or.
d. By using any fictitious name or pretending the exercise of public authority.
3. That once inside the building, the offender took personal property belonging to another with intent to
gain.
Notes:
1. Includes dependencies (stairways, hallways, etc.)
2. Inhabited house any shelter, ship or vessel constituting the dwelling of one or more person even
though temporarily absent dependencies, courts, corals, barns, etc.
3. NOT INCLUDED ORCHARD, LANDS FOR CULTIVATION.
4. Important for robbery by use of force upon things, it is necessary that offender enters the building or
where object may be found. NO ENTRY, NO ROBBERY
5. Entrance is necessary mere insertion of hand is not enough (whole body); not to get out but to enter
therefore, evidence to such effect is necessary
6. P v. Lamahang intent to rob being present is necessary
7. Place: house or building; not car
8. Public building every building owned, rented or used by the government (though owned by private
persons) though temporarily vacant
9. Not robbery passing through open door but getting out of a window
10. Outside door must be broken, smashed. Theft if lock is merely removed or door was merely pushed
11. False keys genuine keys stolen from the owner or any keys other than those intended by the owner for
use in the lock
12. Picklocks specially made, adopted for commission of robbery
13. Key stolen not by force, otherwise, its robbery by violence and intimidation against persons
14. False key used in opening house and not furniture inside, otherwise, theft (for latter to be robbery.,
must be broken and not just opened)
15. Gen. Rule: outside door. Exception: inside door in a separate dwelling
16. E.g. pretending to be police to be able to enter (not pretending after entrance)
ELEMENTS under SUBDIVISION (B):
1. That 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. That the offender takes personal property belonging to another, with intent to gain, under any of the
following circumstances:
a. By the breaking of doors, wardrobes, chest, 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
Notes:
1. Entrance ( no matter how done)
2. Offender may be servants or guests
3. Destruction of keyhole of cabinet is robbery here
4. When sealed box is taken out for the purpose of breaking it, no need to open already consummated
robbery
5. Estafa if box is in the custody of accused
6. Theft if box found outside and forced open

G. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND: (300)
Notes:
1. Two qualifications (uninhabited place AND by a band) must concur.
2. Inhabited house, public building, or edifice devoted to religious worship must be located in an
uninhabited place. Distinction between 2 classes of robbery as to their being qualified:

Robbery with force upon things Robbery with violence against or intimidation of persons

Uninhabited place AND by a band Uninhabited place OR by a band

H. WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING OR BUILDING DEDICATED TO RELIGIOUS WORSHIP
AND THEIR DEPENDENCIES: (301)
Notes:
1. dependencies are all interior courts, corrals, warehouses, granaries or enclosed places:
a. contiguous to the building
b. having an interior entrance connected therewith
c. which form part of the whole
2. Garage must have 3 requirements. Exception: orchards/lands

I. ELEMENTS OF ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING: (302)
1. That the offender entered an uninhabited place or a building which was not a dwelling house, not a
public building, or not an edifice devoted to religious worship.
2. that any of the following circumstances was present:
a. That entrance was effected through an opening not intended for entrance or egress.
b. A wall, roof, floor, or outside door or window was broken.
c. The entrance was effected through the use of false keys, picklocks or other similar tools.
d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken or
e. A closed or sealed receptacle was removed, even if the same be broken open elsewhere.
3. That with intent to gain the offender took therefrom personal property belonging to another
Notes:
1. Second kind of robbery with force upon things
2. Uninhabited place is an uninhabited building (habitable, not any of the 3 places mentioned)
3. Ex. warehouse, freight car, store. Exception: pigsty
4. Same manner as 299 except that was entered into was an uninhabited place or a building other than the
3 mentioned in 299. Exception: does not include use of fictitious name or pretending the exercise of
public authority
5. Breaking of padlock (but not door) is only theft
6. False keys genuine keys stolen from the owner or any other keys other than those intended by the
owner for use in the lock forcibly opened

J. ELEMENTS OF ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR TOOLS: (304)
1. That the offender has in his possession picklocks or similar tools.
2. That such picklocks or similar tools are specially adopted to the commission of robbery.
3. That the offender does not have lawful cause for such possession.
Notes:
1. Actual use of the picklocks or similar tools is not necessary in committing robbery.
2. Person who makes such tools is a LOCKSMITH penalty is higher
3. Person who makes NOT a locksmith penalty is SAME as that for a mere possessor

K. ELEMENTS OF FALSE KEYS: (305)
1. Picklocks, etc.
2. Genuine key stolen from owner.
3. Any key other than those intended by owner for use in the lock forcibly opened by the offender
Notes:
1. Possession of false keys here not punishable (par. 2 and 3 of Art. 305)
2. If key was entrusted and used to steal, not robbery (not stolen)

II. BRIGANDAGE

A. BRIGANDAGE: (306)
1. there be at least four armed persons
2. they formed a band of robbers
3. Purpose (any):
a. Robbery in highway
b. Kidnapping for extortion or ransom.
c. Any other purpose to be obtained by means of force and violence.
Presumption of Brigandage:
1. if members of lawless band and possession of unlicensed firearms (any of them)
2. possession of any kind of arms (not just firearm)

BRIGANDAGE ROBBERY IN BAND
1. Purposes are given 1. Only to commit robbery, not necessarily in highway
2. Mere formation of a band for the above purpose 2. If the purpose is to commit a part robbery

3. Necessary to prove that band actually committed
robbery
ELEMENTS OF AIDING AND ABETTING A BAND OF BRIGANDS: (307)
1. That there is a band of brigands.
2. That the offender knows the band to be of brigands.
3. That the offender does any of the following acts:
a. he in any manner aids, abets or protects such band if brigands, or
b. he gives them information of the movements of the police or other peace officers of the
government or
c. He acquires or receives the property taken by such brigands.
Notes:
1. PD 532 brigandage. Seizure of any person for: (a) ransom; (b) extortion or other unlawful purpose; (c)
taking away of property by violence or intimidation or force upon things or other unlawful means
2. Committed by any person
3. On any Phil. highway

III. THEFT
A. ELEMENTS OF THEFT: (308)
1. That there be taking of personal property.
2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the consent of the owner.
5. That the taking be accomplished without the use of violence against or intimidation of persons or force
upon things.
Persons liable:
1. Those who
a. with intent to gain
b. but without violence against or intimidation of persons not force upon things
c. Take
d. personal property
e. of another
f. without the latters consent
Note: NO crime of FRUSTRATED theft
2. Those who
a. having found lost property
b. fail to deliver the same to local authorities or its owner
Notes:
Retention of money/property found is theft. Retention is failure to return (intent to gain)
Knowledge of owner is not required, knowledge of loss is enough
Finder in law is liable

3. Those who
a) after having maliciously damaged the property of another
b) remove or make use of the fruits or object of the damage caused by them
Note: Killing of cattle of another which destroyed his property and getting meat for himself guilty of simple theft

4. Those who
a) enter an enclosed estate or a field where
b) trespass is forbidden or which belongs to another and, without the consent of its owner
c) hunts or fish upon the same or gather fruits, cereals or other forest or farm products

Notes:
1. Theft is consummated when offender is able to place the thing taken under his control and in such a
situation as he could dispose of it at once (though no opportunity to dispose) i.e, the control test
2. P v. Dino applies only in theft of bulky goods (meaning there has to be capacity to dispose of the
things). Otherwise, P v. Espiritu full possession is enough
3. Servant using car without permission deemed qualified theft though use was temporary
4. Reyes says: there must be some character of permanency in depriving owner of the use of the object and
making himself the owner, therefore must exclude joyride
5. Theft: if after custody (only material possession) of object was given to the accused, it is actually taken
by him (no intent to return) e.g. felonious conversion. But it is estafa if juridical possession is
transferred e.g., by contract of bailment
6. Includes electricity and gas
a. inspector misreads meter to earn
b. one using a jumper
7. Selling share of co-partner is not theft
8. Salary must be delivered first to employee; prior to this, taking of Php is theft
9. If offender claims property as his own (in good faith) not theft (though later found to be untrue. If in
bad faith theft)
10. Gain is not just Php satisfaction, use, pleasure desired, any benefit (e.g. joyride)
11. Actual gain is not necessary (intent to gain necessary)
12. Allege lack of consent in info is important

B. ELEMENTS OF HUNTING, FISHING, GATHERING FRUITS, IN ENCLOSED ESTATE (PAR. NO.3, ART. 308)
1. That there is an enclosed estate or a field where trespass is forbidden or which belongs to another;
2. That the offender enters the same.
3. That the offender hunts or fishes upon the same or gathers fruits, cereals or other forest or farm
products, and
4. That the hunting or fishing or gathering of products is without the consent of the owner.
Note: Fish not in fishpond, otherwise, qualified

C.PENALTIES FOR QUALIFIED THEFT; (309)

D. ELEMENTS OF QUALIFIED THEFT: (310)
1. Committed by domestic servant, or
2. With grave abuse of confidence, or
3. Property stolen is:
1. motor vehicle
2. mail matter
3. large cattle
4. coconut from plantation
5. fish from fishpond or fishery, or
6. On occasion of calamities and civil disturbance.
Notes:
1. grave abuse high degree of confidence e.g. guests
2. no confidence, not qualified theft
3. theft material possession estafa juridical possession
4. qualified: if done by one who has access to place where stolen property is kept e.g., guards, tellers
5. novation theory applies only if theres a relation
6. industrial partner is not liable for QT (estafa)
7. when accused considered the deed of sale as sham (modus) and he had intent to gain, his absconding is
QT
8. RA 6539 (Anti-Carnapping Act of 1992): QUALIFIED when in the course of the commission or on the
occasion of the carnapping, the owner, driver or occupant of the carnapped vehicle is KILLED or RAPED.
9. motor vehicle in kabit system sold to another-THEFT. Motor vehicle not used as kabit system but
under lease-ESTAFA
10. mail matter private mail to be QT, Not postmaster Art. 226
11. theft of large cattle

E. ELEMENTS UNDER ANTI-FENCING LAW
1. The crime of robbery or theft has been committed
2. The accused, who is not a principal or accomplice in the commission of the crime of robbery or theft,
buys, receives, possesses, keeps, acquires, conceals, sells or dispose, or buys and sells, or in any manner
deals in any article, item, object or anything of value, which has been derived from the proceeds of the
said crime
3. The accused knows or should have known that the said article, item, object or anything of value has
been derived from the proceeds of the crime of robbery or theft
4. There is, on the part of the accused, intent to gain for himself or another.

F. THEFT OF PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM: (311)
Notes:
1. Penalty is FIXED without regard to the value of the property.
2. If the crime is committed with grave abuse of confidence penalty for qualified theft

IV. USURPATION
A. OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY: (312)
Acts punishable:
1. Taking possession of any real property belonging to another by means of violence against or
intimidation of persons.
2. Usurping any real rights in property belonging to another by means of violence against or intimidation
of persons.
Elements:
1. That the offender takes possession of any real property or usurps any real rights in property.
2. That the real property or real rights belong to another.
3. That violence against or intimidation of persons is used by the offender in occupying real property or
usurpation real rights in property.
4. That there is intent to gain.

B. ELEMENTS OF ALTERING BOUNDARIES OR LANDMARKS: (313)
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. That the offender alters said boundary marks.

V. CULPABLE INSOLVENCY
A. ELEMENTS OF FRAUDULENT INSOLVENCY: (314) (culpable insolvency)
1. That the offender is a debtor; that is, he has obligations due and payable.
2. That he absconds with his property.
3. That there be prejudice to his creditors.

VI. SWINDLING AND OTHER DECEITS

A. ELEMENTS OF ESTAFA IN GENERAL: (315)
1. That the accused defrauded another (a.) by abuse of confidence, or (b) or means of deceit and
2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third
person

B. ELEMENTS OF ESTAFA WITH UNFAITHFULNESS: (315, No. 1[a])
1. That the offender has an onerous obligation to deliver something of value.
2. That he alters its substance, quantity, or quality.
3. That damage or prejudice is caused to another.

C. ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER SUBDIVISION NO.1 [b], OF ART.315
1. That money, goods, or other personal property be received by the offender in trust, or on commission,
or for administration, or under any other obligation involving the duty to make delivery of or to return,
the same.
2. That there be misappropriation or conversion of such money or property by the offender, or dental on
his part of such receipt.
3. that such misappropriation or conversion or dental is to the prejudice of another and
4. That there is a demand made by the offended party to the offender.

D. 2
ND
ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER PARAGRAPH (b), SUBDIVISION N0.1,
ART. 315 = 3 WAYS OF COMMITTING:
1. By misappropriating the thing received.
2. By converting the thing received.
3. By denying that the thing was received.
Notes:
1. Unfaithful or Abuse of Confidence
a. by altering the substance
b. existing obligation to deliver even if it is not a subject of lawful commerce
c. thing delivered has not been fully or partially paid for not estafa
d. no agreement as to quality No estafa if delivery is unsatisfactory
2. By misappropriating and converting
a. thing is received by offender under transactions transferring juridical possession, not
ownership
b. under PD 115 (Trust Receipts Law) failure to turn over to the bank the proceeds of the sale
of the goods covered by TR Estafa
c. same thing received must be returned otherwise estafa; sale on credit by agency when it was
to be sold for cash estafa
d. Estafa not affected by Novation of Contract because it is a public offense
e. Novation must take place before criminal liability was incurred or perhaps prior to the filing
of the criminal information in court by state prosecutors
f. Misappropriating to take something for ones own benefit
g. Converting act of using or disposing of anothers property as if it was ones own; thing has
been devoted for a purpose or use different from that agreed upon
3. There must be prejudice to another not necessary that offender should obtain gain
4. When in the prosecution for malversation the public officer is acquitted, the private individual allegedly
in conspiracy with him may be held liable for estafa

5. Partners No estafa of money or property received for the partnership when the business is
commercial and profits accrued. BUT if property is received for specific purpose and is misappropriated
estafa!
6. Failure to account after the DEMAND is circumstantial evidence of misappropriation
7. DEMAND is not a condition precedent to existence of estafa when misappropriation may be established
by other proof
8. In theft, upon delivery of the thing to the offender, the owner expects an immediate return of the ting to
him otherwise, Estafa
9. Servant, domestic or employee who misappropriates a thing he received from his master is NOT guilty
of estafa but of qualified theft

Estafa with Abuse of
Confidence Malversation
1. Offenders are entrusted with funds or property
and are continuing offenses
1. offenders are entrusted with funds or property and are
continuing offenses
2. Funds: always private 2. Funds: public funds or property
3. Offender: private individual, or public officer not
accountable
3. Offender: public officer accountable for public funds

4. Committed by misappropriating, converting,
denying having received money
4. Committed by appropriating, taking, misappropriating


E. ELEMENTS OF ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE IN BLANK: (315, No.1[c])
1. That the paper with the signature of the offended party be in blank.
2. That the offended party should have delivered it to offender.
3. That above the signature of the offended party a document is written by the offender without authority
to do so.
4. That the document so written creates a liability of, or causes damage to, the offended party or any third
person.
Note: If the paper with signature in blank was stolen Falsification if by making it appears that he participated in
a transaction when in fact he did not so participate.

F. ELEMENTS OF ESTAFA BY MEANS OF DECEIT: (315)
1. that there must be a false pretense, fraudulent means must be made or executed prior to or
2. That such false pretense, fraudulent act or fraudulent means must be made or executed prior to or
simultaneously with the commission of the fraud.
3. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that
is, he was induced to part with his money or property because of the false pretense, fraudulent act, or
fraudulent means.
4. That as a result thereof, the offended party suffered damage.
Notes:
1. False pretenses or fraudulent acts executed prior to or simultaneously with delivery of the thing by
the complainant
2. There must be evidence that the pretense of the accused that he possesses power/influence is false.
G. WAYS OF COMMITTING ESTAFA UNDER Article 315, No. 2[a]
1. using fictitious name
2. false pretending to possess:
a. power
b. influence
c. qualifications
d. property
e. credit
f. agency
g. business or imaginary transactions
3. means of other similar deceits

H. ELEMENTS OF ESTAFA BY POSTDATING A CHECK OR ISSUING A CHECK IN PAYMENT OF AN
OBLIGATION: (315, No.2[d])
1. That the offender postdated a check, or issued a check in payment of an obligation.
2. That such postdating or issuing a check was done when the offender had no funds in the bank or his
funds deposited therein were not sufficient
to cover the amount of the check.
Notes:
1. good faith is a defense. (PP. VS. VILLAPANDO, 56 PHIL.31)
2. dishonor from lack of funds to prima facie evidence of deceit or failure to make good within three days
after notice of.
3. No funds in the bank or his funds are not sufficient
4. If check was issued in payment of pre-existing debt no estafa
5. Offender must be able to obtain something from the offended party by means of the check he issues and
delivers
6. If postdating a check issued as mere guarantee/promissory note no estafa.

I. ELEMENTS OF OFFENSE DEFINED IN THE FIRST PARAGRAPH OF SECTION 1: BP 22
2. That a person makes or draws and issues any check. That the check is made or drawn and issued to
apply on account or for value.
3. That the person who makes or draws and issues the check knows at the time of issue that he does not
have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its
presentment.
4. That the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or
would have been dishonored for the same
reason had not the drawee, without any valid reason, ordered the bank to stop payment.
Note: Failure to make good within 5 banking days prima facie evidence of knowledge of lack and insufficiency

J. ELEMENTS OF THE OFFENSE DEFINED IN THE SECOND PARAGRAPH OF SECTION 1: BP 22
1. That a person has sufficient funds in or credit with the drawee bank when he makes or draws and
issues a check.
2. That he fails to keep sufficient funds or to maintain a credit to cover the full amount of the check if
presented within a period of 90 days from the date appearing thereon.
3. That the check is dishonored by the drawee bank.
Note: Failure to make good within 5 banking days prima facie evidence of knowledge of lack and insufficiency

K. BY OBTAINING FOOD OR CREDIT AT HOTELS, INNS, RESTAURANTS ETC.

Ways of committed:
1. Obtaining food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging
house or apartment house without paying therefore, with intent to defraud the proprietor or manager
thereof
2. Obtaining credit at any of said establishments by the use of any false pretense
3. Abandoning or surreptitiously removing any part of his baggage from any said establishments after
obtaining credit, food, refreshment or accommodation therein, without paying therefor

L. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENTS: (315, No.3 [a])
1. That the offender induced the offended party to sign a document.
2. That deceit be employed to make him sign the document.
3. That the offended party personally signed the document.
4. That prejudice be caused.
Note: If offended party willingly signed the document and there was deceit as to the character or contents of the
document falsification; but where the accused made representation to mislead the complainants as to the
character of the documents estafa

M. ELEMENTS OF ESTAFA BY REMOVING, CONCEALING OR DESTROYING DOCUMENTS: (315, No.3 [c])
1. That there be court records, office files, documents or any other papers.
2. That the offender removed, concealed or destroyed any of them.
3. That the offender had intent to defraud another.
Note: No intent to defraud destroying or removal = malicious mischief

N. DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY ESTIMATION: (315) (second element of any form of
estafa)
THE ELEMENTS OF DAMAGE OR PREJUDICE MAY CONSIST OF THE FF.:
1. The offender party being deprived of his money or property, as a result of the defraudation.
2. Disturbance in property right or
3. Temporary prejudice.

O. ELEMENTS OF SWINDLING (PAR.1) BY CONVEYING, SELLING, ENCUMBERING, OR MORTGAGING ANY
REAL PROPERTY, PRETENDING TO BE
THE OWNER OF THE SAME: (316)
1. That the thing be immovable, such as a parcel of land or a building.
2. That the offender who is not the owner of said property represented that he is the owner thereof.
3.

That the offender should have executed an act of ownership (selling, leasing, encumbering or mortgaging
the real property).
4. That the act be made to the prejudice of the owner or a third person.

ESTAFA INFIDELITY IN THE CUSTODY OF DOCUMENTS
Private individual was entrusted Public officer entrusted
Intent to defraud No intent to defraud

P. ELEMENTS OF SWINDLING (PAR. 2) BY DISPOSING OF REAL PROPERTY AS FREE FROM ENCUMBRANCE,
ALTHOUGH SUCH ENCUMBRANCE BE NOT RECORDED: (316)
1. That the thing disposed of be real property.
2. That the offender knew that the real property was encumbered, whether the encumbrance is recorded
or not.
3. That there must be express representation by the offender that the real property is free from
encumbrance.
4. That the act of disposing of the real property be made to the damage of another.
5. That the act of disposing of the real property be made to the damage of another.

Q. ELEMENTS OF SWINDLING (PAR.3) BY WRONGFULLY TAKING BY THE OWNER HIS PERSONAL FROM ITS
LAWFUL POSSESSOR: (316)
1. That the offender is the owner of personal property.
2. That said personal property is in the lawful possession of another.
3. That the offender wrongfully takes it from its lawful possessor.

R. ELEMENTS OF SWINDLING (PAR. 6) BY SELLING, MORTGAGING OR ENCUMBERING REAL PROPERTY OR
PROPERTIES WITH WHICH THE OFFENDER GUARANTEED THE FULFILLMENT OF HIS OBLIGATION AS
SURETY: (316)
1. That the offender is a surety in a bond given in a criminal or civil action.
2. That he guaranteed the fulfillment of such obligation with his real property or properties.
3. That he sells, mortgages, or, in any other manner encumbers said real property.
4. That such sale, mortgage or encumbrance is (a) without express authority from the court, or (b) made
before the cancellation of his bond, or (c) before being relieved from the obligation contracted by him.

S. ELEMENTS OF SWINDLING A MINOR: (317)
1. That the offender takes advantage of the inexperience or emotions or feelings of a minor.
2. That he induces such minor (a) to assume an obligation, or (b) to give release, or (c) to execute a
transfer of any property right.
3. That the consideration is (a) some loan of money (b) credit or (c) other personal property.
4. That the transaction is to the detriment of such minor.

T. OTHER DECEITS: (318)
1. By defrauding or damaging another by any other deceit not mentioned in the preceding articles
2. Interpretation of dreams, making forecast, future-telling, or taking advantage of the credulity of the
public in any other similar manner, for profit or gain.

VII. CHATTEL MORTGAGE

A. ELEMENTS OF KNOWINGLY REMOVING MORTGAGED PERSONAL PROPERTY: (319, No.1)
1. That personal property is mortgaged under the chattel mortgage law.
2. That the offender knows that such property is so mortgaged.
3. That he removes such mortgaged personal to any province or city other than the one in which it was
located at the time of the execution of the mortgage.
4. That the removal is permanent.
5. That there is no written consent of the mortgagee or his executors, administration or assigns to such
removal.

B. ELEMENTS OF SELLING OR PLEDGING PERSONAL PROPERTY ALREADY PLEDGED: (319, No.2)
1. That personal property is already pledged under the terms of the chattel mortgage law.
2. That the offender, who is the mortgagee of such property, sells or pledges the same or any part thereof.
3. That there is no consent of the mortgagee written on the back of the mortgage and noted on the record
thereof in the office of the register of deeds.

VIII. ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS
(Note: PD 1613 expressly amended Arts 320-326, but RA 7659 revived Art 320)

A. KINDS OF ARSON:
1. Simple Arson (Sec.1, PD No. 1613)
2. Destructive Arson (Art.320, as amended by RA 7659)
3. Other Cases of Arson (Sec.3, PD No.1613)

B. ELEMENTS OF ARSONS OF PROPERTY OF SMALL VALUES (323)
1. That an uninhabited hut, storehouse, barn, shed or any other property is burned
2. That the value of the property burned does not exceed 25 pesos
3. That the burning was done at a time or under circumstances which clearly exclude all danger of the fire
spreading

C. ELEMENTS OF CRIME INVOLVING DESTRUCTION (324)
1. That the offender causes destruction of the property
2. That the destruction was done by means of:
a. explosion
b. discharge of electric current
c. inundation, sinking or stranding of a vessel, or intentional damaging the engine of the vessel
d. taking up rails from the railway track
e. maliciously changing railway signals for the safety of moving trains
f. destroying telegraph wires and posts or those of any other system
g. other similar effective means of destruction

D. ELEMENTS OF BURNING ONES PROPERTY AS A MEANS TO COMMIT ARSON (325)
1. That the offender set fire to or destroyed his own property
2. That the purpose of the offender in doing so was to commit arson or to cause a great destruction
3. That the property belonging to another was burned or destroyed

E. ELEMENTS OF ARSON
1. That the property burned is the exclusive property of the offender
2. That (a) the purpose of the offender is burning it is to defraud or cause damage to another or (b)
prejudice is actually caused, or (c) the thing burned is a building in an inhabited place
Notes:
Destructive Arson (RPC, Art. 320) Simple Arson (PD 1613)
Nature: characterized as heinous crimes for being grievous,
odious and hateful offenses and which, by reason of their
inherent or manifest wickedness, viciousness, atrocity and
perversity are repugnant and outrageous to the common
standards and norms of decency and morality in a just,
civilized and ordered society

Crimes with a lesser degree of perversity and
viciousness that the law punishes with a lesser
penalty Contemplates crimes with less
significant social, economic, political and national
security implications.
***No complex crime of arson with homicide PD 1613 (crime of homicide is absorbed)

IX. MALICIOUS MISCHIEF
A. ELEMENTS OF MALICIOUS MISCHIEF: (326)
1. That the offender deliberately caused damage to the property of another.
2. That such act does not constitute arson or other crimes involving destruction.
3. That the act damaging anothers property be committed merely for the sake of damaging it.
Notes:
1. Malicious mischief willful damaging of anothers property for the sake of causing damage due to hate,
revenge or other evil motive
2. No negligence
3. Example. Killing the cow as revenge
4. If no malice only civil liability
5. Damage is also diminution in value
6. But after damaging the thing, he used it = theft
7. Damage is not incident of a crime (breaking windows in robbery)

B. SPECIAL CASES OF MALICIOUS MISCHIEF: (328)
1. Obstruct performance of public functions.
2. Using poisonous or corrosive substances.
3. Spreading infection or contagious among cattle.
4. Damage to property of national museum or library, archive, registry, waterworks, road, promenade, or
any other thing used in common by the public.
Note: Qualified malicious mischief no uprising or sedition (#1)

C. OTHER MISCHIEF: (329)
1. Not included in 328
1. scattering human excrement
2. killing of cow as an act of revenge

D. DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION: (330)
Notes:
1. done by damaging railways, telegraph, telephone lines, electric wires, traction cables, signal system of
railways
2. removing rails from tracks is destruction (art 324)
3. not applicable when telegraph/phone lines dont pertain to railways (example: for transmission of
electric power/light)
4. people killed as a result:
5. circumstance qualifying the offense if the damage shall result in any derailment of cars, collision or
other accident a higher penalty shall be imposed
1. murder if derailment is means of intent to kill
2. none art 48

X. EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY: (332)

Persons exempt from criminal liability:
1. Spouse, ascendants and descendants or relatives by affinity in the same line
2. The widowed spouse with respect to the property w/c belonged to the deceased spouse before the same
passed into the possession of another
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together

Crimes involved in the exemption:
1. Theft
2. Swindling
3. Malicious mischief
Notes:
1. Exemption is based on family relations
2. Parties to the crime not related to the offended party still remains criminally liable
3. Persons exempt include:
1. stepfather/mother (ascendants by affinity)
2. adopted children (descendants)
3. concubine/paramour (spouse)
4. common law spouse (property is part of their earnings)

CRIMES AGAINST CHASTITY

I. ADULTERY AND CONCUBINAGE
A. ELEMENTS OF ADULTERY: (333)
1. That the woman is married (even if marriage subsequently declared void)
2. That she has sexual intercourse with a man not her husband.
3. That as regards the man with whom she has sexual intercourses, he must know her to be married.
Notes:
1. Mitigated if wife was abandoned without justification by the offended spouse (man is not entitled to this
mitigating circumstance)
2. Attempted: caught disrobing a lover
3. Reason for punishing adultery even if the marriage is subsequently declared void offense to the vows
taken, and the attack on the family exists
4. Each sexual intercourse constitutes a crime of adultery
5. Essence: violation of the marital vow
6. Effect of death of paramour: will not bar prosecution against the unfaithful wife

B. ELEMENTS OF CONCUBINAGE: (334)
1. That the man must be married.
1. That he committed any of the following acts: Keeping a mistress in the conjugal dwelling.
2. Having sexual intercourse under scandalous circumstances with a woman who is not his wife.
3. Cohabiting with her in any other place.
3. That as regards the woman she must know him to be married.
Note:
1. Scandal consists in any reprehensible word/deed that offends public conscience, redounds to the
detriment of the feelings of honest persons and gives occasions to the neighbors spiritual damage and
ruin.
2. Adultery is more severely punished than concubinage adultery makes possible the introduction of
another mans blood into the family

II. RAPE AND ACTS OF LASCIVIOUSNESS

C. ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336)
1. That the offender commits any act of lasciviousness or lewdness.
2. That it is done under any of the following circumstances:
1. by using force or intimidation, or
2. when the offended party is deprived of reason or otherwise unconscious, or
3. when the offended party is under 12 years of age
3. That the offended party is another person of either sex.
Note: No attempted or frustrated crime of acts of lasciviousness

III. SEDUCTION, CORRUPTION OF MINORS, AND WHITE SLAVE TRADE

D. QUALIFIED SEDUCTION OF A VIRGIN: (337)
Two classes of qualified seduction:
1. Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in
authority, priest, teachers etc and
2. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation
(incestuous seduction) Note: there must be sexual intercourse, if none, only acts of lasciviousness
Elements:
1. That the offended party is a virgin, which is (presumed if she unmarried and of good reputation.)
2. That she must be over 12 and under 18 years of age.
3. That the offender has sexual intercourse with her.
4. That there is abuse of authority, confidence or relationship on the part of the offender ( person
entrusted with education or custody of victim; person in public authority, priest; servant)
Persons liable:
1. Those who abuse their authority:
1. persons in public authority
2. guardian
3. teacher
4. person who, in any capacity, is entrusted with the education or custody of the woman seduced
2. Those who abused the confidence reposed in them:
1. priest
2. house servant
3. domestic
3. Those who abused their relationship:
1. brother who seduced his sister
2. ascendant who seduced his descendant

E. ELEMENTS OF SIMPLE SEDUCTION: (338)
1. That the offended party is over 12 and under 18 years of age.
2. That she must be of good reputation, single or widow.
3. That the offender has sexual intercourse with her.
4. That it is committed by means of deceit. Note: common form is unconditional promise to marry

F. ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY: (339)
1. That the offender commits acts of lasciviousness or lewdness.
2. That the acts are committed upon a woman who is virgin or single or widow of good reputation, under
18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age.
3. That the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit.
Note: Male cannot be the offended party in this crime.

G. CORRUPTION OF MINORS: (340)
Act punishable: By promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust
of another

H. ELEMENTS OF WHITE SLAVE TRADE: (341)
Acts penalized:
1. Engaging in the business of prostitution
2. Profiting by prostitution
3. Enlisting the service of women for the purpose of prostitution

IV. ABDUCTION

I. ELEMENTS OF FORCIBLE ABDUCTION: (342)
1. That the person abducted is any woman, regardless of her age, civil status, or reputation.
2. That the abduction is against her will.
3. That the abduction is with lewd designs.
Notes:
1. Sexual intercourse is NOT necessary
2. Difference with kidnapping is the 3
rd
requisite
3. Crimes against chastity where age and reputation of victim are immaterial:
a. rape,
b. acts of lasciviousness,
c. qualified seduction of sister/descendant,
d. forcible abduction.

J. ELEMENTS OF CONSENTED ABDUCTION: (343)
1. That the offended party must be a virgin.
2. That she must be over 12 and under 18 years of age.
3. That the taking away of the offended party must be with her consent, after solicitation or cajolery from
the offender.
4. That the taking away of the offended party must be with lewd designs.

V. PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE ELEVEN

K. PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION RAPE AND ACTS OF
LASCIVIOUSNESS (344)
1. Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse
2. Seduction, abduction, rape or acts of lasciviousness must be prosecuted upon complaint signed by:
a. offended party
b. by her parents
c. grandparents
d. guardians in the order in which they are named above
Notes:
1. The right to file action granted to the parents, grandparents or guardian shall be exclusive of all other
persons and shall be exercised successively in the order herein provides.
2. When the offended party is of age and is in complete possession of her mental and physical faculties, zhe
alone can file the complaint. Thus, the other persons named in Art.344 cannot file the complaint.
3. Marriage of the offender with the offended party extinguishes the criminal action or remits the penalty
already imposed upon him. This applies as well to the accomplices, accessories-after-the-fact. But
marriages must be in good faith. This rule does not apply in case of multiple rapes.

L. Civil liability of persons guilty of rape, seduction or abduction (345)
1. To indemnify the offended women
2. To acknowledge the offspring, unless the law should prevent him from doing so
3. In every case to support the offspring

M. LIABILITY OF ASCENDANTS, OTHER PERSONS ENTRUSTED WITH CUSTODY OF OFFENDED PARTY WHO
BY ABUSE OF AUTHORITY OR CONFIDENCE SHALL COOPERATE AS ACCOMPLIES: (346)
Persons who cooperate as accomplices but are punished as principals in rape, seduction, abduction, etc
1. Ascendants
2. Guardians
3. Curators
4. Teachers
5. Any other person, who cooperates as accomplice with abuse of authority or confidential relationship