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CRIMINAL LAW
BOOK II AND SPECIAL PENAL LAWS
CRIMINAL LAW BOOK II AND SPECIAL PENAL LAWS

Table of Contents
TOPICS UNDER THE SYLLABUS
B. BOOK II
1. Crimes Against National Security (Art. 114-123).....................
6
a. Anti-Piracy and Anti-Highway Robbery (P.D. 532) .....................
..10
i. Definition of terms.................
.10
ii. Punishable acts...................10
b. Anti-Hijacking Law (P.D. 6235) .....................
11
i. Punishable acts.................
11
c. Human Security Act of 2007 (R.A. 9372) ....................
12
i. Punishable acts of terrorism..................
12
ii. Who are liable..............
12
2. Crimes Against the Fundamental Laws of the State (Art. 124-133) .........................
13
a. Human Security Act of 2007 (R.A. 9372) ...................
14
i. Period of detention...............
15
b. Anti-Torture Act of 2009 (R.A. 9745) .................
15
i. Punishable acts.................
15
ii. Who are liable...............
15
3. Crimes Against Public Order (Art. 134-160).................
18
a. Decree Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunition or Explosives (P.D. 1866, as amended by R.A. 8294) as an element of
the crimes of rebellion, insurrection, sedition, or attempted coup
detat..............................................
22
b. Human Security Act of 2007 (R.A. 9372)
i. Punishable acts of Terroristm
ii. Who are liable
iii. Absorption principle in relation to complex crimes
4. Crimes Against Public Interests (Art. 161-187) .......................
29
a. The New Public Bidding Law (R.A. 9184) ................
36
i. Prohibited Acts.................
36
b. Anti-Alias Law (C.A. 142) ................
37
i. Punishable acts................
37
ii. Exception..............
37
5. Crimes Relative to Opium and Other Prohibited Drugs..................40
a. The Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165) ....................
40
40
41
iii. Attempt or conspiracy, effect on liability..................42
iv. Immunity from prosecution and punishment................. 42
ADMU 2012 CRIMINAL LAW REVIEWER
Page 2 of 114
6.
Crimes Against Public morals (Art. 200-202) .................... 44
7. Crimes Committed by Public Officers (Art. 203-245) ......................
48
a. Anti-Graft and Corrupt Practices Act (R.A. 3019, as amended) .....................
51
i. Coverage...............
52
ii. Punishable acts...............
52
iii. Exceptions..............
53
b. Anti-Plunder Act (R.A. 7080, as amended) ..................
55
i. Definition of Terms...............
55
ii. Ill-gotten wealth..............
55
iii. Plunder................
55
iv. Series/Combination................
55
v. Pattern
c. Human Security Act of 2007 (R.A. 9372) .................
56
i. Failure to deliver suspect to proper judicial authority....................
56
ii. Infidelity in the custody of detained persons.....................
56
iii. False prosecution................
56
8. Crimes Against Persons (Art. 246-266) .....................
63
a. Anti-Violence against Women and their Children Act of 2004 (R.A. 9262) ...................... 72
73
b. Anti-Child Pornography Act of 2009 (R.A. 9775) .....................
74
i. Definition of terms................
74
ii. Unlawful or punishable acts.................
75
c. Anti-Hazing Law (R.A. 8049) ................
75
i. Hazing..............
75
(a) Definition...............
75
(b) Allowed initiation rites................
75
75
iii. Punishable acts.................
75
d. Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (R.A. 7610, as
amended) ...............................................
76
i. Coverage...............
76
ii. Child prostitution, punishable acts..................
76
iii. Child trafficking, punishable acts....................
76
e. Juvenile Justice and Welfare Act of 2006 (R.A. 9344); also refer to the Child Youth and Welfare Code
(P.D. 603, as amended) .............................................
77
i. Punishable acts...............
79
Page 3 of 114
f. Human Security Act of 2007 (R.A. 9372)

i. Punishable acts of terrorism
ii. Who are liable
9. Crimes Against Personal Liberty and Security (Art. 267-292) .......................
80
a. Anti-Wire Tapping Act (R.A. 4200) .................
88
i. Punishable acts..................
88
ii. Exceptions..............
88
b. Human Security Act of 2007 (R.A. 9372) ...................
88
i. Surveillance of suspects and interception and recording of communication.................... 88
ii. Restrictionon travel................
88
iii. Examination of bank deposits and documents..................
89
(a) Judicial Authorization..................
89
(b) Application...............
89
iv. Unauthorized revelation of classifed materials....................
89
c. Anti-Trafficking in Persons Act of 2003 (R.A. 9208) ......................
89
89
10. Crimes Against Property (Art. 293-332). ...................
90
a. Anti-Fencing Law (P.D. 1612) and its implementing rules and regulations...................... 98
i. Fencing..............
98
(a) Definition..............
98
(b) Presumption of fencing..............
98
ii. Exception.............
98
(a) With clearance or permit to sell..................
98
b. Bouncing Checks Law (B.P. Blg. 22) plus Administrative Circular No. 12-2000 Re: Penalty for Violation of
B.P. 22 and Administrative Circular No. 13-2001 Re: Clarification of Admin Circular No. 122000..........................................................
102
102
ii. Evidence of knowledge of insufficient funds..................... 102
iii. Preference of imposition of fine....................
102
c. Anti-Arson Law (P.D. 1613) ...................
107
i. Punishable acts..................
107
d. Human Security Act of 2007 (R.A. 9372)
i. Punishable acts of Terrorism
e. Anti-Carnapping Act of 1972 (R.A. 6539) ..................
109
i. Definition of Terms...............
109
ii. Registration..............
109
iii. Who are liable..................
109
(a) Duty of collector of customs..................
110
(b) Duty of importers, distributors and sellers................. 110
(c) Clearance and permit...............
Page 4 of 114
110
iv. Punishable acts..................
110
11. Crimes Against Chastity (Art. 333-334, 336-346) .......................
111
1. Anti-Photo and Video Voyeurism Act of 2009 (R.A. 9995) ......................117
a. Punishable acts.................
117
2. Special Protection of Childern Against Child Abuse, Exploitation and Discrimination Act (R.A. 7610, as
amended) ..............................................
117
a. Child prostitution and other acts of abuse...................
117
117
ii. Compare prosecution for Acts of Lasciviousness under Art. 366, RPC and R.A. 7610, as
amended............................
118
b. Obscene publications and indecent shows.................. 118
118
3. Anti-Trafficking in Persons Act of 2003 (R.A. 9208)
a. Punishable acts
4. Anti-Violence Against Women and Their Children Act of 2004 (R.A. 9262) ...................... 119
a. Punishable acts.................
119
5. Anti-Sexual Harassment Act of 1995 (R.A. 7877) ..................... 119
a. Punishable acts.............
119
12. Crimes Against Civil Status (Art. 347-352) .....................
120
13. Crimes Against Honor (Art. 353-364) .....................
122
a. Administrative Circular 09-2008 Re: Guidelines in the Observance of a Rule of Preference in the
Imposition of Penalties in Libel Cases...............................................
127
i. Preference of imposition of fine..................
127
14. Criminal Negligence (Art. 365) ....................
128
Page 5 of 114
BOOK II AND SPECIAL PENAL LAWS

=======================================
1. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
=======================================
Chapter 1: Crimes Against National Security
Sec. 1. Treason and Espionage
CA No. 616
Sec. 2. Provoking war and disloyalty in case of war
Sec. 3. Piracy and mutiny on the high seas in
Philippine waters
P.D. 532
R.A. 6235
R. A. 9372
=======================================
Chapter 1: Crimes Against National Security
=======================================
SECTION 1. TREASON AND ESPIONAGE
ART. 114. TREASON
ELEMENTS:
1. Offender is a Filipino Citizen or an alien residing in the Philippines;
2.
3.
LEVY WAR - must be with intent to overthrow the government as such, not
merely to resist a particular statute or to repel a particular officer. It matters not
how vain and futile the attempt was and how impossible its accomplishment.
In treason by levying war, it is not necessary that there be a formal declaration of
the existence of a state of war. Actual hostilities may determine the date of the
commencement of war.2
ADHERENCE TO ENEMIES intent to betray; when a citizen intellectually or
emotionally favors the enemy and harbors sympathies or convictions disloyal to
his countrys policy or interest
AID/COMFORT act which strengthens or tends to strengthen the enemy in the
conduct of war against the traitors country and an act which weakens or tends
to weaken the power of the traitors country to resist or to attack the enemy
Mere acceptance of public office and discharge of official duties under the
enemy do not constitute per se the felony of treason. But when the position is
policy-determining, the acceptance of public office and the discharge of official
duties constitute treason.
POLICY DETERMINING defines the norm of conduct of all offices and officials
under the department he headed had to adopt and enforce, implemented the
policy, and helped in the propagation of the creed of the invader
b.
WAYS TO PROVE:
1. Treason (Overt act of giving aid or comfort)
a. Testimony - at least 2 witnesses to the same overt act
b. Judicial confession of the accused in open court
Adheres to the enemies, giving them aid or comfort.
ALLEGIANCE obligation of fidelity and obedience which the individuals owe to

the government under which they live or to their sovereign, in return for
protection they receive
Treason committed in a foreign country may be prosecuted in the Philippines.
(Art. 2, RPC)
PERSONS LIABLE:
1. FILIPINO permanent allegiance; can commit treason anywhere
ALIEN RESIDENT temporary allegiance; commits treason only when
residing in the Philippines
Treason is a war crime (hence cannot be committed in time of peace), punished

by the state as a measure of self-defense and self-preservation.1
ACTS PUNISHED (MODES OF COMMITTING TREASON):
1. Levying war requires:
Actual assembling of men
Purpose of executing a treasonable design by force
2.
Actual adherence &

Giving aid or comfort
War in which the Philippines is involved;

Offender either
a. Levies war against the Government, or
TREASON breach of allegiance to the government by a person who owes

allegiance to it
2.
Adherence to enemies requires concurrence of:

1
2. Adherence
a.
b.
c.
One witness
Nature of act itself
Circumstances surrounding the act
TWO WITNESS RULE:

Testimonies need not be identical, but must relate to the same overt act. 3 It is
sufficient that the witnesses are uniform in their testimony on the overt act; not
necessarily that there be a corroboration between them on the point they
testified.4
The two-witness rule is severely restrictive, hence, each of the witnesses must
testify to the whole overt act; or if it is separable, there must be two witnesses to
each part of the overt act.5
REASON FOR TWO-WITNESS RULE:
The special nature of the crime requires that the accused be afforded a special
protection not required in other cases so as to avoid a miscarriage of justice.
CIRCUMSTANCES INHERENT IN TREASON:
1.
Evident premeditation
2.
Superior Strength
3.
Treachery
AGGRAVATING CIRCUMSTANCES IN TREASON:
1.
Cruelty
2
Concurring Opinion of Justice Perfecto, Laurel v. Misa, G.R.

No. L-409, January30, 1947
Justice Johnson dissenting; US v. Lagnason, G.R. No. 1582,

March 28, 1904
Hauft v. United States, 67 S. Ct. 874
People v. Concepcion G.R. No. L-1853, October 25, 1949
People v. Escleto, G.R. No. L-1006, June 28, 1949
CRIMINAL LAW REVIEWER
Page 6 of 114
2.
3.
DEFENSES
Duress or uncontrollable fear
NOT A DEFENSE
Suspended allegiance
Obedience to de facto government
Joining the enemy army thus becoming

a citizen of the enemy
NOTE:
R
PC mentions 4 individuals to whom the conspiracy must be reported to
(i.e. governor, provincial fiscal, mayor or city fiscal), but what if you report
to some other high-ranking government official? Ex: PNP Director? Judge
Pimentel says any government official of the DILG is OK.
Art. 116 is an exception to the rule that mere silence does not make a
person criminally liable.
Ignominy
Gravity or seriousness of the acts of treason
There is no treason through negligence. It requires intent.6

Treason is a continuous offense. Proof of one count is sufficient of
conviction. 8
There is no complex crime of treason with murder or physical
injuries.9
7
ART. 115. CONSPIRACY AND PROPOSAL TO COMMIT TREASON

ELEMENTS CONSPIRACY:
1. In times of war;
2. Two or more persons come to an agreement to -
a.
b.
Levy war against the government, or
ART. 117. ESPIONAGE

ESPIONAGE Offense of
1. gathering, transmitting, or losing information
2. respecting the national defense
3. with intent or reason to believe that the information is to be used to
4. the injury of the Republic of the Philippines or the advantage of a
foreign nation.
ACTS PUNISHED (MODES OF COMMITTING ESPIONAGE):
1. By entering, without authority, a warship, fort, or military or naval
establishment or reservation to obtain any information, plans, photographs
or other data of confidential nature relative to the defense of the
Philippines.
ELEMENTS:
Adhere to the enemies and to give them aid or comfort
3. They decide to commit it.
a. That the offender (Filipino OR Alien Resident) enters a warship,
ELEMENTS PROPOSAL:
1. In times of war;
2. A person who has decided to levy war against the government, or to
adhere to the enemies and to give them aid or comfort
3. Proposes its execution to some other person/s.
b. That he has no authority therefore; and

c. That his purpose is to obtain information, plans, photographs or
fort, naval or military establishment or reservation;
other data of a confidential nature relative to the defense of the

Philippines.
2.
By disclosing to the representative of a foreign nation the contents of the

articles, data or information referred to in the preceding paragraph, which
he had in his possession by reason of the public office he holds.
NOTE:
As a general rule, conspiracy and proposal to commit a felony is not

punishable (Art. 8). Art. 115 is an exception as it specifically penalizes
conspiracy and proposal to commit treason.
Mere proposal even without acceptance is punishable. If the other

accepts, it is already conspiracy.
If actual acts of treason are committed after the conspiracy or proposal,

the crime committed will be treason, and the conspiracy or proposal is
considered as a means in the commission thereof.
Two-witness rule not applicable since this is a crime separate and

distinct from treason.
ART. 116. MISPRISION OF TREASON
ELEMENTS:
1. Filipino citizen
2. Owes allegiance to the government; NOT a foreigner
3. Has knowledge of any conspiracy (to commit treason) against the
government
4. He conceals or does not disclose the same to the authorities of place in
which he resides.
NOTE:
Offender is punished as an accessory to the crime of treason. But such

offender is actually a principal to this crime.
This will not apply if crime of treason is already committed and it is not
reported.
It is a crime of omission.
ELEMENTS:
That the offender is a public officer;
That he has in his possession the articles, data or information

referred to in the first mode of committing espionage, by reason of the
public office he holds; and
That he discloses their contents to a representative of a foreign

nation.
PERSONS LIABLE:
1. First mode; ANY person whether:
a.
Filipino citizen OR resident alien (foreigner)
b.
Private individual or a public officer
2. Second mode:
a.
A public officer
NOTE:
1.
Being a public officer is a requirement in the second mode, while it is only
aggravating in the first.
2. Wiretapping is not espionage if the purpose is not connected with
defense.
3. In the first mode of committing the felony, it is not necessary that the
offender succeeds in obtaining the information.
TREASON
ESPIONAGE
In both not conditioned on citizenship of offender
Cramer v. US 65 Sup. Ct. 918, April 23, 1945
Committed in war time
War and Peace time
People v. Victoria, G.R. No. L-369 March 13,1947
Committed in many ways
People v. San Juan, G.R. No. L-2997, June 29, 1951
People v. Prieto 80 Phil. 138
Limited in two ways: levying war,

and adhering to the enemy giving
him aid or comfort
Page 7 of 114
3. Th
at the correspondence is either
a. prohibited by the government, or
b. carried on in ciphers or conventional signs, or
c. containing notice or information which might be useful
to the enemy.
C.A. NO. 616

AN ACT TO PUNISH ESPIONAGE AND OTHER OFFENSES AGAINST
NATIONAL SECURITY
ACTS PUNISHABLE:
1. Unlawfully obtaining or permitting to be obtained information affecting
national defense;
2. Unlawful disclosing of information affecting national defense;
3. Disloyal acts or words in time of peace (i.e. causing in any manner
insubordination, disloyalty, mutiny or refusal of duty of any member of the
military, naval, or air forces of the Philippines);
4. Disloyal acts in time of war;
5. Conspiracy to commit the foregoing acts;
6. Harboring or concealing violators of the law (i.e. the offender harbors a
person whom he knows as someone who committed or is about to commit
a violation of this Act); and
7. Photographing from aircraft of vital military information.
SECTION 2. PROVOKING WAR AND DISLOYALTY IN CASE OF WAR

ART. 118. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
ELEMENTS:
1. Offender performs unlawful or unauthorized acts;
2. Such acts provoke or give occasion for a war involving or liable to
involve the Philippines or expose Filipino citizens to reprisals on their
persons or property;
NOTE:
Crime is committed in time of peace.
Intent of the offender is immaterial.

In inciting to war, the offender is any person. If the offender is a public
officer, the penalty is higher.
Reprisals are not limited to military action; it could be economic reprisals,
or denial of entry into their country.
ART. 119. VIOLATION OF NEUTRALITY
CORRESPONDENCE communication by means of letters or it may refer to

the letters, which pass between those who have friendly or business relations
CIPHER secret writing system; a code 10
QUALIFYING CIRCUMSTANCES:
The following must concur together
That the notice or information might be useful to the enemy and
That the offender intended to aid the enemy
NOTE:
If the offender intended to aid the enemy by giving such notice or

information, the crime amounts to TREASON; hence penalty same as that
for treason.
It is immaterial if correspondence contains innocent matters when it is

prohibited by the government.
Prohibition by the government is not essential when the correspondence
is carried on in ciphers or conventional signs or when it contains notice or
information, which might be useful to the enemy.
Atty. Padilla: offender has to be a person holding an important position
ART. 121. FLIGHT TO ENEMYS COUNTRY

ELEMENTS:
1. A war in which the Philippines is involved;
2. Offender owes allegiance to the government;
3. Offender attempts to flee or go to enemy country; and
4. Going to enemy country is prohibited by competent authority.
PERSONS LIABLE:
1. Filipino citizen
2. Alien residing in the Philippines
NOTE:
ELEMENTS:
War in which the Philippines is not involved;
That the offender violates such regulation.
Mere attempt to flee or go to enemy country consummates the crime.

There must be a prohibition. If there is none, even if one went to enemy
country, there is no crime.
For the purpose of enforcing neutrality, a regulation is issued by

competent authority; and
SECTION 3. PIRACY AND MUTINY ON HIGH SEAS OR IN PHILIPPINE

WATERS
NEUTRAL A nation or power which takes no part in a contest of arms going on

between others
ART. 122. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN

PHILIPPINE WATERS
NOTE:
PIRACY it is robbery or forcible depredation on the high seas, without lawful

authority and done with animo furandi and in the spirit and intention of universal
hostility.
This crime is committed only in times of war.

It is the neutrality of the Philippines that was
violated.
Atty. Padilla: declaration of a competent authority

i.e. the President is sufficient
ART. 120. CORRESPONDENCE WITH HOSTILE COUNTRY

ELEMENTS:
1. A war in which the Philippines is involved;
2. That the offender makes correspondence with an enemy country or
territory occupied by enemy troops;
ELEMENTS:
1. A vessel is on the high seas or Philippine waters;
2. Offenders not members of its complement nor passengers of the
vessel; and
3. That the offenders
a. attack or seize the vessel, or
b. seize whole or part of vessels cargo, equipment or
10
Websters Dictionary
Page 8 of 114
P.D. 532
personal belongings of its complement or passengers.

NOTE: Under PD 532, piracy may be committed even by a passenger or
member of the complement of the vessel.
ACTS PUNISHED (MODES OF COMMITTING PIRACY):
1. By attacking or seizing a vessel on the high seas or in the Philippine
waters (PD 532);
2. By seizing in the vessel the whole or part of its cargo, its equipment or
personal belongings of its complement or passengers while on the high
seas or in Philippine waters.
MUTINY the unlawful resistance to a superior, or the raising of commotions
and disturbances on board a ship against the authority of its commander.
PIRACY
Persons who attack a vessel or
seize its cargo are strangers to
said vessels
Intent to gain is an element
Attack from outside

PIRACY
The offender is an outsider
ANTI-PIRACY AND ANTI-ROBBERY LAW OF 1974

ELEMENTS PIRACY:
1. Vessel is in Philippine waters;
2. Offender any person (including passenger, or member of the
complement)
3. That by means of violence or intimidation of persons or force upon
things
4. The offender
a. Attacks or seizes any vessel or
b. Takes away a whole or part thereof of its cargo, equipment or
the personal belongings of complement or passengers,
irrespective of value
MUTINY
Offenders are members of the crew or
passengers.
ACTS PUNISHED:
1. Attack or seizure of any vessel, or
2. Taking away of cargo, equipment or personal belongings of its complement
or passengers
Offenders may only intend to ignore

the ships officers or they may be
prompted by a desire to commit
plunder
Attack from the inside
HIGHWAY ROBBERY/BRIGANDAGE - is the

1. seizure of any person for ransom / extortion / other unlawful purpose, or
2. taking away of the property of another by means of violence against /
intimidation of person / force upon things / other unlawful means
ROBBERY ON HIGH SEAS

The offender is a member of the
complement or a passenger of the
vessel
In both, there is intent to gain and the manner of committing the crime is the
same.
NOTE:
VESSEL any vessel or watercraft used for transport of passengers and

cargo from one place to another through Philippine waters.
PHILIPPINE WATERS all bodies of water and all waters belonging to

the Philippines by historic or legal title, including territorial sea, the seabed, the insular shelves, and other submarine areas over which the
Philippines has sovereignty and jurisdiction. (Sec. 2, P.D. No. 532)
HIGH SEAS - any waters on the sea coast which are without the
boundaries of the low water mark although such waters may be in the
jurisdictional limits of a foreign government; parts of the sea that are not
included in the exclusive economic zone, in the territorial seas, or in the
internal waters of a state, or in the archipelagic waters of an archipelagic
state (United Nations Convention on the Law of the Sea)
PIRACY IN HIGH SEAS jurisdiction of any court where offenders are

found or arrested
PIRACY IN INTERNAL WATERS jurisdiction of Philippine courts
ELEMENTS AIDING OR ABETTING PIRACY:

1. Knowingly aids or protects pirates (such as giving them information about
the police movement or other peace officers); or
2. Acquires or receives property taken by such pirates, or in any manner
derives any benefit;
3. Directly or indirectly abets the commission of piracy.
NOTE: The purpose of brigandage is indiscriminate highway robbery. PD 532
punishes as highway robbery or brigandage only acts of robbery perpetuated by
outlaws indiscriminately against any person or persons on Philippine highways,
and not acts of robbery committed against only a predetermined or particular
victim.11
PIRACY (RPC)
Punishes piracy committed either in
Philippine waters or on the high seas
Offenders: Strangers to the vessel
(Non-passengers or non-members of
the crew)
MUTINY (PD 532)

Punishes piracy committed in
Philippine waters only
Offenders: Any person (may be a
passenger, crew or stranger)
For purposes of the Anti-Fencing Law, piracy is part of robbery and theft.
Under Human Security Act of 2007 (R.A. 9372) a person who commits
an act punishable as piracy and mutiny under Art. 122 thereby sowing and
creating a condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government to give in to an
unlawful demand shall be guilty of the crime of terrorism, and shall suffer
the penalty of 40 years of imprisonment, without the benefit of parole.
11
Rustico Abay, Jr. v. People of the Philippines GR 165896

September 19, 2008
Page 9 of 114
R. A.
R.A. 6235
ANTI-HIJACKING LAW
ACTS PUNISHED:
By compelling a change in the course or destination of an aircraft of
Philippine registry, or seizing or usurping the control thereof while it is in
flight;
By compelling an aircraft of foreign registry to land in Philippine territory
or seizing or usurping the control thereof while it is in the said territory;
and
By shipping, loading, or carrying in any passenger aircraft operating as a
public utility w/in the Philippines, any explosive, flammable, corrosive or
poisonous substance or material.
IN FLIGHT From the moment all exterior doors are closed following
embarkation until the same doors are again opened for disembarkation
NOTE: (Atty. Palacios)
Where the aircraft is of Philippine registry, the offense must be

committed while in flight. Hence, the act must take place after all exterior
doors are closed following embarkation.
Where the aircraft is of foreign registry, offense need not take place
while in flight.
QUALIFYING CIRCUMSTANCES (PAR 1 & 2):

1.
Firing upon the pilot, member of the crew or passenger of the aircraft;
2.
Exploding or attempting to explode any bomb or explosive to destroy the
aircraft; or
3.
The crime is accompanied by murder, homicide, serious physical injuries,
or rape.
NO. 9372
HUMAN SECURITY ACT OF 2007
ELEMENTS TERRORISM (SEC. 3):
1. Any person who commits an act punishable under any of the following:
a. Piracy in general and Munity in the High Seas or in the
Philippine Waters (Art. 122)
b. Rebellion or Insurrection (Art. 134)
c. Coup dtat, including acts committed by private persons (Art.
134-A)
d. Murder (Art. 248)
e. Kidnapping and Serious Illegal Detention (Art. 267)
f.
Crimes Involving Destruction or under The Law on Arson (PD
1613)
g. Toxic Substances and Hazardous and Nuclear Waste Control
Act of 1990 (RA 6969)
h. Atomic Energy Regulatory and Liability Act of 1968 (RA 5207)
i.
Anti-Hijacking Law (PD 6235)
j.
Anti-piracy and Anti-highway Robbery Law of 1974 (PD 532)
k. Decree Codifying the Laws on Illegal and Unlawful
Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives (PD 1866)
2. Thereby sowing and creating widespread and extraordinary fear and

panic among the populace
3. To coerce the government to give in to an unlawful demand

ELEMENTS CONSPIRACY TO COMMIT TERRORISM (SEC.4):
1. Two or more persons
2. Come to an agreement to commit the crime of terrorism
3. They decide to commit the same
NOTE: Anyone found guilty of terrorism or conspiring to commit terrorism shall
suffer the penalty of 40 years imprisonment, without the benefit of parole as
provided for under Act No. 4103 (the Indeterminate Sentence Law).
ART. ART. 123. QUALIFIED PIRACY

QUALIFYING CIRCUMSTANCES:
1. Seizure of the vessel by boarding or firing upon the same;
2. Abandonment by pirates of victims without means of saving
themselves; or
3. Crime was accompanied by murder, homicide, physical injuries, or rape.
QUALIFIED MUTINY When the second or third circumstance accompanies
the crime of mutiny mentioned in Art. 122, mutiny is then qualified. First
circumstance may not qualify the crime of mutiny.
WHO ARE LIABLE ASIDE FROM THE PRINCIPAL:

1.
Accomplice (Sec. 5)
a. Not being a principal (under Art 17 of the RPC or a conspirator as
defined in Sec 4 hereof)
b. Cooperates in the execution of either the crime of terrorism or
conspiracy to commit terrorism by previous or simultaneous acts
2.
Qualified Piracy is a special complex crime punishable by reclusion perpetua

to death, regardless of the number of victims.
NOTE:
The word crimes in the opening sentence of Art. 123 refers to both piracy
and mutiny.
However, the second qualifying circumstance specifically mentions

pirates thereby excluding mutineers.
The murder/rape/homicide/physical injuries must have been committed on

the passengers or on the complement of the vessel. Parricide/infanticide
should be included (Judge Pimentel).
Piracy may be punished in the competent tribunal of any country where

the offender may be found or into which he may be carried.
Any person who aids or protects pirates or abets the commission of piracy
shall be considered as an accomplice.
Accessory (Sec. 6)
a. Having knowledge of the commission of the crime of terrorism or
conspiracy to commit terrorism, and without participating therein,
either as principal or accomplice under Art. 17 and 18 of RPC
b. Takes part subsequent to its commission in any of the following
manner:
i. by profiting himself or assisting the offender to profit by the
effects of the crime
ii. by concealing or destroying the body of the crime, or the
effects, or instruments thereof, in order to prevent its discovery
iii. by harboring, concealing, or assisting in the escape of the
principal or conspirator of the crime
OTHER PUNISHED ACTS:

1.
Unauthorized or Malicious Examination of a Bank or a Financial Institution
(Sec. 36)
2.
Bank Officials and Employees Defying a Court Authorization (Sec. 37)
3.
False or Untruthful Statement or Misrepresentation of Material Fact in Joint
Page 10 of 114
4.
5.
6.
7.
8.
Affidavits (Sec. 38)

Unjustified Refusal to Restore or Delay in Restoring Seized, Sequestered
and Frozen Bank Deposits, Placements, Trust Accounts, Assets and
Records (Sec. 42)
Loss, Misuse, Diversion or Dissipation of Seized, Sequestered and Frozen
Bank Deposits, Placements, Trust Accounts, Assets and Records. (Sec.
43)
Infidelity in the Custody of Detained Persons (Sec. 44)
Unauthorized Revelation of Classified Materials (Sec. 46)
Furnishing False Evidence, Forged Document, or Spurious Evidence (Sec.
47)
NOTE: When a person has been prosecuted under a provision of this Act, and
after the accused has pleaded to the charge, the acquittal of the accused or the
dismissal of the case shall be a bar to another prosecution under the RPC or any
special penal laws (Sec. 49).
END OF TOPIC
1. CRIMES AGAINST NATIONAL SECURITY
patient in a hospital
If the offender is a private individual, the act of detaining another is Illegal

Detention. (Art. 267 or Art. 268)
However, private individuals who conspire with public officers can be
liable as principals in the crime of Arbitrary Detention.
Public officers who are not vested with authority to detain or order the
detention of persons accused of a crime or exceed their authority may be
liable for illegal detention because they are acting in their private capacity.
Arbitrary detention can be committed through imprudence.12
The law does not fix any minimum period of detention. Offenders have
been convicted of arbitrary detention even when the offended party was
detained for an hour 13 or even less than half an hour.14
Arrest without warrant is the usual cause of arbitrary detention EXCEPT
warrantless arrest (under Sec 5, Rule 113, Revised Rules of Criminal
Procedure)
NOTE: Psychological Restraint is another form of detention15
=======================================
2. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
=======================================
Chapter 1: Arbitrary Detention or Expulsion, Violation of Dwelling,
Prohibition, Interruption and Dissolution of Peaceful Meetings and Crimes
Against Religious Worship
Sec. 1. Arbitrary Detention and Expulsion
RA 9372
RA 9745
Sec. 2. Violation of domicile
Sec. 3. Prohibition, interruption, and
dissolution
of peaceful
meetings
Sec 4.
Crimes against religious worship
=================================================
Chapter 1: Arbitrary Detention or Expulsion, Violation of Dwelling,
Prohibition, Interruption and Dissolution of Peaceful Meetings and Crimes
Against Religious Worship
=================================================
SECTION 1. ARBITRARY DETENTION AND EXPULSION
ART. 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE

PROPER JUDICIAL AUTHORITIES
ELEMENTS:
That the offender is a public officer or employee;
ELEMENTS:
1. That the offender is a public officer or employee (whose official duties
include the authority to make an arrest and detain persons);
2. That he detains a person; and
3.
Detention is without legal grounds.
LEGAL GROUNDS FOR DETENTION:

1. Commission of a crime
2. Violent insanity or other ailment requiring compulsory confinement of the
That he fails to deliver such person to the proper judicial authority within:
12 hours, detained for crimes punishable by light penalties, or their

equivalent;
18 hours, for crimes punishable by correctional penalties, or their

equivalent; or
36 hours, for crimes/offenses punishable by capital punishment or

afflictive penalties, or their equivalent.
Circumstances considered in determining the liability of the officer-offender:

1.
Means of communication
2.
Hour of arrest and
3. Other circumstances such as the time of surrender and the material
possibility for the fiscal to make the investigation and file in time the
necessary information.16
RIGHTS OF DETAINEE:
11 Shall be informed of the cause of his detention
11
ART. 124. ARBITRARY DETENTION

DETENTION actual confinement of a person in an enclosure or in any manner
detaining and depriving him of his liberty.
That he has detained a person for some legal ground; and
Allowed, upon request, to communicate and confer at anytime with his

attorney or counsel
NOTE:
If offender is a private person, the crime is Illegal Detention.
12
People v. Misa, G.R. No. 93485, June 27, 1994. [Here, a chief of
police (convicted) rearrested a woman who had been released by
verbal order of the justice of peace. The officer should have
verified the order of release before proceeding to make the rearrest.]
13
US v. Agravante, G.R. No. L-3947, January 28, 1908.
14
US v. Braganza, G.R. No. L-3971, February 3, 1908.
15
Astorga v. People, GR No 154139
16
Sayo v. Chief of Police of Manila, G.R. No. L-2128, May 12,

1948
Page 11 of 114
Art. 125 contemplates arrest by virtue of some legal ground or valid

warrantless arrest.
If arrest is made by virtue of an arrest warrant, person may be detained

indefinitely until:
a.
His case is decided, or
b.
He posts bail
The felony means delay in filing the necessary information or charging of
person detained in court, which may be waived if a preliminary
investigation is asked for. This does not contemplate actual physical
delivery.
The filing of the information in court beyond the specified periods does not
cure illegality of detention. Hence, the detaining officer is still liable under
Art. 125. Neither does it affect the legality of the confinement under
process issued by the court.
To prevent committing this felony, officers usually ask accused to execute
a waiver of Art. 125, which should be under oath and with assistance of
counsel. Such waiver is not violative of the constitutional right of the
accused.
LENGTH OF WAIVER
a.
Light offense 5 days
b.
Serious and less serious offenses 7 to 10 days (Judge Pimentel)
ARBITRARY
DETENTION (ART.
124)
Detention is illegal from the
beginning.
R.A. 9372
HUMAN SECURITY ACT 2007
PERIOD OF DETENTION WITHOUT JUDICIAL WARRANT OF ARREST
(Sec. 18):
Within a period of 3 days counted from the moment a charged or

suspected person (of the crime of terrorism or conspiracy to commit it) has
been apprehended or arrested, detained, and taken into custody
By any police or law enforcement personnel duly authorized in writing by

the Anti-Terrorism Council, who did not incur any criminal liability for delay
in the delivery of detained persons to proper judicial authorities, said
personnel shall deliver said charged or suspected person to the proper
judicial authorities.
Provided, the arrest of those suspected of the crime of terrorism or
conspiracy to commit terrorism must result from the surveillance (Sec. 7)
and examination of bank deposits (Sec. 27) of this Act
DELAY IN DELIVERY OF DETAINED

(ART. 125)
Detention is legal in the beginning; illegality
starts from the expiration of the specified
periods without the persons detained having
been delivered to the proper judicial authority.
PERIOD OF DETENTION IN THE EVENT OF AN ACTUAL OR IMMINENT

TERRORIST ATTACK (Sec. 19):
ART. 126. DELAYING RELEASE
ELEMENTS:
1. That the offender is a public officer or employee;
2.
3.
That there is a judicial or executive order for the release of a prisoner

or detention prisoner, or that there is a proceeding upon a petition for the
liberation of such person;
That the offender without good reason delays:
a. the service of the notice of such order to
the prisoner, or
b. the performance of such judicial or
executive order for the release of the
prisoner, or
c. the proceedings upon a petition for the
release of such person.
NOTE: Wardens and jailers are the persons most likely to violate this provision.
ART. 127. EXPULSION
ELEMENTS:
1. The offender is a public officer or employee;
2.
3.
That he expels any person from the Philippines, or compels a person to

change his residence; and
The offender is not authorized by law.
ACTS PUNISHED:
1.
Expelling a person from the Philippines; or
2.
Compelling a person to change his residence
NOTE:
Crime of expulsion absorbs grave coercion. If done by a private person,
act will amount to Grave Coercion.

Only the court by a final judgment can order a person to change his
residence but the Chief Executive has the power to deport undesirable
aliens.
If a Filipino who, after voluntarily leaving the country, is illegally refused reentry, he is considered a victim of being forced to change his address.
Suspects may not be detained for more than 3 days without the
written approval of a municipal, city, provincial or regional official of a
Human Rights Commission or judge of the municipal, regional trial court,
the Sandiganbayan or a justice of the Court of Appeals nearest the place
of the arrest.
If the arrest is made during Saturdays, Sundays, holidays or after office
hours, the arresting police or law enforcement personnel shall bring the
person thus arrested to the residence of any of the officials mentioned
above that is nearest the place of arrest.
The approval in writing of any of the said officials shall be secured by the
police or law enforcement personnel concerned within 5 days after the
date of the detention of the persons concerned.
Provided, that within 3 days after the detention the suspects, whose
connection with the terror attack or threat is not established, shall be
released immediately.
R.A. 9745
ANTI-TORTURE ACT
ELEMENTS TORTURE
1. Any act by which severe physical or mental pain or suffering
2. is inflicted by or at the instigation of or with the consent or acquiescence of
a person in authority or his agent
3. Intentionally inflicted on a person
4. For the purpose of:
a. Obtaining information or a confession
b. Punishment for an act he or a 3rd person has committed, or is
suspected of having committed
c. Intimidation or coercion
d. Any reason based on discrimination of any kind
ACTS OF TORTURE (Sec. 4)
1. PHYSICAL TORTURE form of treatment or punishment inflicted by a
person in authority upon another in his custody that causes severe pain,
exhaustion, disability or dysfunction in one or more parts of the body.
Page 12 of 114
Examples:
a. Systematic beating, headbanging, punching, kicking, striking with
truncheon or rifle butt or other similar objects, and jumping on the
stomach;
b. Food deprivation or forcible feeding with spoiled food, animal or
human excreta and other stuff or substances not normally eaten;
c. Electric shock;
d. 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);
e. The submersion of the head in water or water polluted with
excrement, urine, vomit and/or blood until the brink of suffocation;
f.
Being tied or forced to assume fixed and stressful bodily position;
g. Rape and sexual abuse, including the insertion of foreign objects
into the sex organ or rectum, or electrical torture of the genitals;
h. Mutilation or amputation of the essential parts of the body such as
the genitalia, ear, tongue, etc.;
i.
Dental torture or the forced extraction of the teeth;
j.
Pulling out of fingernails;
k. Harmful exposure to the elements such as sunlight and extreme
cold;
l.
The use of plastic bag and other materials placed over the head to
the point of asphyxiation;
m. The use of psychoactive drugs to change the perception, memory,
alertness or will of a person, such as:
The administration or drugs to induce confession and/or
reduce mental competency; or
The use of drugs to induce extreme pain or certain symptoms
of a disease; and
n. Other analogous acts of physical torture; and
2.
NOTE:
The assessment of the level of severity shall depend on all the circumstances of
the case, including:
1.
Duration of the treatment or punishment
2.
Effects, physical and mental
3.
In some cases: the sex, religion, age and state of health of the victim.
PROHIBITED DETENTION Secret detention places, solitary confinement,
incommunicado or other similar forms of detention, where torture may be carried
out with impunity are hereby prohibited. (Sec. 7)
NOTE:
The PNP, AFP and other law enforcement agencies concerned shall make
an updated list of all detention centers and facilities under their respective
jurisdictions with the corresponding data on prisoners or detainees
incarcerated or detained therein.
This list shall be available to the public at all times and updated by the
same agencies every 5 days of the month at the minimum.
WHO ARE LIABLE TORTURE AND/OR CIDT:
1. Principal
a.
Any person
i.
Who actually participated or induced another in the
commission
ii.
Who cooperated in the execution of the act by previous or
simultaneous acts
b.
Any superior military, police or law enforcement officer or senior

government official
i.
Who issued an order to any lower ranking personnel to
commit torture for whatever purpose
c.
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
i.
For any act or omission, or negligence committed by him that
shall have led, assisted, abetted or allowed, whether directly
or indirectly, the commission thereof by his subordinates
He who has knowledge of the commission of torture or CIDT
committed by his subordinates or others within his area of
responsibility, and authority to prevent or investigate the
allegations yet did not take or failed to do preventive or corrective
actions whether deliberately or negligently
MENTAL/PSYCHOLOGICAL TORTURE Acts committed by a person in

authority or his agent which are calculated to affect or confuse the mind
and/or undermine a person's dignity and morale
Examples:
a.
Blindfolding;
b.
Threatening a person(s) or his/her relative(s) with bodily harm,
execution or other wrongful acts;
c.
Confinement in solitary cells or secret detention places;
d.
Prolonged interrogation;
e.
Preparing a prisoner for a "show trial", public display or public
humiliation of a detainee or prisoner;
f.
Causing unscheduled transfer of a person deprived of liberty from
one place to another, creating the belief that he/she shall be
summarily executed;
g.
Maltreating a member/s of a person's family;
h.
Causing the torture sessions to be witnessed by the person's family,
relatives or any third party;
i.
Denial of sleep/rest;
j.
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;
k.
Deliberately prohibiting the victim to communicate with any member
of his/her family; and
l.
Other analogous acts of mental/psychological torture.
d.
2.
Accomplice
3.
Accessory
a.
Any public officer or employee
i.
if he has knowledge that torture or other CIDT 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;
(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
ELEMENTS OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR

PUNISHMENT (CIDT) (Sec. 5):
1.
Deliberate and aggravated treatment or punishment (not enumerated
under Sec. 4)
2.
Inflicted by person in authority or his agent
3.
Against a person in custody
4.
Attaining the level of severity sufficient to cause suffering, gross humiliation
or debasement to the latter
SECTION 2. VIOLATION OF DOMICILE
Page 13 of 114
a.
ART. 128. VIOLATION OF DOMICILE

ELEMENTS:
2. That he is not authorized by judicial order to enter the dwelling and/or
to make a search therein for papers or other effects; and
3. That he commits any of the following acts:
a. entering any dwelling against the will of the owner
thereof;
b. searching papers or other effects found therein without
the previous consent of such owner;
c. refusing to leave the premises, after having
surreptitiously entered said dwelling and after having
been required to leave the same.
SURREPTITIOUSLY done through fraud or secret means to accomplish an
object (stealth)
SPECIAL AGGRAVATING (QUALIFYING) CIRCUMSTANCES:
1. Nighttime
2. Papers or effects not constituting evidence of a crime are not returned
immediately
NOTE:
The judicial order is the search warrant.
If the offender who enters the dwelling against the will of the owner is a
private individual, the crime committed is Trespass to Dwelling.
When a public officer searched a person outside his dwelling without a
search warrant and such person is not legally arrested for an offense, the
crime committed by the public officer is either:
1. Grave Coercion if violence or intimidation is used (Art 286), or
2.
Unjust Vexation if there is no violence or intimidation (Art 287).
In the 1st mode, the entrance must be against the will of the owner of the
dwelling. Lack of consent will not suffice.
Under the 3rd mode, even if the entrance is only without the consent of its
owner, the crime is committed when there is a refusal to leave the
premises when required to do so.
ART. 129. SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN

THE SERVICE OF THOSE LEGALLY OBTAINED

b. That he procures a legal search warrant; and
c. That he exceeds his authority or uses unnecessary severity in
executing the same.
ART. 130. SEARCHING DOMICILE WITHOUT WITNESSES
ELEMENTS:
2. That he is armed with a search warrant legally procured;
3. That he searches the domicile, papers or other belongings of any
person; and
4. That the owner or any member of his family, or two witnesses residing in
the same locality is not present.
ORDER OF THOSE WHO MUST WITNESS THE SEARCH:
Homeowner
Members of the family of sufficient age and discretion
Responsible members of the community

SECTION 3. PROHIBITION, INTERRUPTION AND DISSOLUTION OF
PEACEFUL MEETINGS
ART. 131. PROHIBITION, INTERRUPTION AND DISSOLUTION OF
PEACEFUL MEETINGS
ELEMENTS:
1. Offender is a public officer or employee;
2.
He performs any of the following acts:
a. prohibiting or interrupting, without legal
ground the holding of a peaceful meeting, or
dissolving the same (e.g. denial of permit in
arbitrary manner).
b. hindering any person from joining any
lawful association or from attending any of its
meetings
c. 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.
SEARCH WARRANT an order in writing issued in the name of the People of

the Philippines, signed by a judge and directed to a peace officer, commanding
him to search for personal property described therein and bring it before the
court.
TESTS for determining if there is a violation of Art 131:

Dangerous tendency rule
ELEMENTS:
NOTE:
If the offender is a private individual, the crime is Disturbance of Public
Order (Art 153).
Offender must be a stranger, not a participant, in the peaceful meeting;
otherwise, the offense is Unjust Vexation.
Meeting must be peaceful and there must be no legal ground for
prohibiting, dissolving or interrupting that meeting.
Interrupting and dissolving a meeting of the municipal council by a public
officer is a crime against the legislative body and is not punishable under
this article.
Those holding peaceful meetings must comply with local ordinances.
1.
2.
3.

That he has legally procured a search warrant; and
That he exceeds his authority or uses unnecessary severity
in executing the same.
ACTS PUNISHABLE:
1.
Procuring a search warrant without just cause
ELEMENTS:
a. That the offender is a public officer or employee;
b. That he procures a search warrant; and
c. That there is no just cause.
2.
Exceeding his authority by using unnecessary severity in executing a

search warrant legally procured
ELEMENTS:
Clear and present danger rule
SECTION 4. CRIMES AGAINST RELIGIOUS WORSHIP

ART. 132. INTERRUPTION OF RELIGIOUS WORSHIP
ELEMENTS:
Page 14 of 114
1.
2.
NOTE:
Reading of Bible and then attacking certain churches in a public plaza is

not a ceremony or manifestation of religion, but only a meeting of a
religious sect, hence, only Art 131 was violated.
Religious worship includes people in the act of performing religious rites

for a religious ceremony or a manifestation of religion. Examples: Mass,
baptism, marriage.
X, a private person, punched a priest while the priest was giving homily
and maligning a relative of X. Is X liable? X may be liable under Art. 133
(Offending religious feelings) because X is a private person.
PD 1866 as amended by RA 8294

Chapter 2: Crimes Against Popular Representation
Sec. 1 Crimes against legislative
bodies and similar bodies
Sec. 2 Violation of parliamentary
immunity
Chapter 3: Illegal Assemblies and Associations
Chapter 4: Assault upon and Resistance and Disobedience To, Persons
in Authority and their Agents
Chapter 5: Public Disorders
Chapter 6: Evasion of Service of Sentence
Chapter 7: Commission of Another Crime During Service of Penalty
Imposed for Another Previous Offense
================================================
Chapter 1: Rebellion, Coup dtat, Sedition, and Disloyalty
================================================
ART. 133. OFFENDING THE RELIGIOUS FEELINGS
ART. 134. REBELLION AND INSURRECTION
ELEMENTS:
1. Acts complained of were performed
ELEMENTS:
1.
Public uprising and taking arms against the government
2.
Purpose:
a.
To remove from the allegiance to Government or laws:
i. Territory of Philippines (in whole or in part)
ii. Body of land, or army/naval/other forces.
b.
Deprive Chief Executive or Congress wholly or partially
of powers or prerogatives
3.
That the officer is a public officer or employee;

That religious ceremonies or manifestations of any religion are about to
take place or are going on; and
That the offender prevents or disturbs the same.
Qualifying Circumstance: With violence or threats
a.
b.
2.
in a place devoted to religious worship, or

during the celebration of any religious ceremony
Acts must be notoriously offensive to the feelings of the faithful
NOTE:
The offender can be any person.
Offense to feelings is judged from the complainants point of view.
The phrase in a place devoted to religious worship does not necessarily

imply the requirement of a religious ceremony going on. The phrase
during the celebration is separated by the word or from the phase place
devoted to religious worship which indicates that the religious ceremony
need not be celebrated in a place of worship.
Examples of religious ceremony (acts performed outside the church):

processions and special prayers for burying dead persons but NOT prayer
rallies.
Acts notoriously offensive to the feelings of the faithful must be directed

against religious practice or dogma or ritual for the purpose of ridicule, as
mocking or scoffing or attempting to damage an object of religious
veneration.
There must be deliberate intent to hurt the feelings of the faithful, mere
arrogance or rudeness is not enough
CRIME
Prohibition, Interruption
and Dissolution of Peaceful
Meeting (Art. 131)
Interruption of Religious
Worship (Art. 132)
Offending Religious
Feeling (Art. 133)
PERSONS LIABLE
Public officer or
employee who is a
stranger in the
meeting
Public officer or
employee
IF ELEMENT IS
MISSING
If by insider then
unjust vexation
If not religious then
Art 131
Any person
END OF DISCUSSION ON TOPIC

2. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
=======================================
3. CRIMES AGAINST PUBLIC ORDER
=======================================
Chapter 1: Rebellion, sedition and Disloyalty
DISTINGUISHING REBELLION FROM OTHER CRIMES

REBELLION
INSURRECTION
Purpose is to overthrow or supersede

the existing government
Purpose is to effect a change of minor

importance, or to prevent the exercise
of government authority with respect to
particular matters.
REBELLION
Requires taking up of arms
Giving of comfort and moral aid
alone is not punishable
No foreign enemy
Committed during time of peace or
war
TREASON
Does not require taking up of arms
Giving of comfort and moral aid is
punishable
Foreign enemy required
Committed only during time of war
REBELLION
Crime against Public Order
Does not absorb Subversion
Currently punishable under the
Revised Penal Code
SUBVERSION
Crime against National Security
Does not absorb Rebellion
No law currently punishing
Subversion
REBELLION IN GENERAL
A crime of masses, of the multitude. It cannot be committed by only 1

person.
It is a continuing crime.
A public uprising and taking up of arms are necessary for overt acts to
constitute rebellion.
o
However, taking part in the clash of arms is not
necessary to be convicted of rebellion.
o
If there is conspiracy, knowingly identifying ones self
with a group who commits rebellion is enough for
conviction, even if he himself did not rise publicly and
take arms.
Consummated the very moment rebels rise and take arms against the
Page 15 of 114
government. They do not need to achieve their purpose for rebellion to be

consummated.
PURPOSE FOR REBELLION
The purpose of the uprising must be shown.
It is not necessary for conviction that the purpose is achieved.

NOTE:
If there is no public uprising, the crime is direct assault
There must be ACTUAL participation. Mere giving of aid or comfort is not

criminal in the case of rebellion.
Rebellion absorbs other crimes committed in furtherance of rebellion.
o
Illegal possession of firearms in furtherance of
rebellion is absorbed by the crime of rebellion.
o A private crime may be committed during rebellion.
Rape, even if not in furtherance of rebellion, cannot be

complexed with rebellion.
Public officer must take active part because mere silence or omission is
not punished in rebellion
It is not a defense that the accused never took the oath of allegiance, or
that they never recognized the government.
People v. Hernandez 17: rebellion cannot be complexed with ordinary crimes

done pursuant to it
People v. Geronimo18: crimes done for private purposes without political
motivation should be separately punished
Enrile v. Salazar19: Hernandez remains binding doctrine operating to prohibit the
complexing of rebellion with any other offense committed on the occasion
thereof, either as a means to its commission or as an unintended effect of any
activity that constitutes rebellion.
ART. 134-A. COUP DTAT
ELEMENTS
1. Offender: member of the military, police force, or any public officer or
employee
2. Means: swift attack accompanied by violence, intimidation, threat,
strategy, or stealth.
3. Possible targets: duly constituted authorities of the Philippines, any
military camp/installation, communication networks, public utilities, or
other facilities needed for the exercise and continued possession of
power.
4. Purpose: to seize or diminish state power
COUP DTAT IN GENERAL
May be perpetrated with or without civilian participation
May be punished as terrorism

ART. 135. PENALTY FOR COUP DTAT, REBELLION AND INSURRECTION
PARTICIPANT
Leaders
Participants
Leaders
17
ACTS
REBELLION
Promotes, maintains, or
heads
Participates, or
executes the
commands of others
COUP DTAT
Leads, directs, or
PENALTY
Reclusion Perpetua
Reclusion Temporal
Reclusion perpetua
People v. Hernandez, G.R. Nos. L-6025-26, 1956
18
People v. Geronimo, G.R. No. L-8936 (1956)
19
Enrile v. Salazar, G.R. No. 92164 (1990)
Participants in
government service
Participants not in
government service
commands others to
undertake a Coup dtat
Participates or executes
the commands of others
Aids, abets, finances, or
otherwise assists
commission
Reclusion Temporal
Prision mayor in its
maximum period
PENALTIES AND LIABILITY
The indeterminate sentence does not apply to Coup dtat, Rebellion, or

Insurrection.
If the actual leader is unknown, the persons who actually directed others,
spoke for the unknown leaders, signed receipts, and performed other
similar acts will be liable as the leader.
ABSORPTION (REBELLION AND INSURRECTION)
If other common crimes were done in pursuance of the rebellious purpose,

these crimes are absorbed and the person is liable only for rebellion.
Absorption is not automatic. One has to show that common crimes were
done in pursuance of rebellious purposes, even if one was a member of a
rebellious group.
If other common crimes are done for personal purposes, even while the
person is in rebellion, the person will be held separately liable.
Once an overt act (even if it is a crime itself) is cited as an element of

Rebellion in the information, it can no longer be charged as a separate
crime.
ART. 136. CONSPIRACY AND PROPOSAL TO COMMIT COUP DTAT,
REBELLION, OR INSURRECTION
PENALTIES
1.
Conspiracy and proposal to commit Coup dtat
a.
Prision Mayor minimum
b.
A fine not exceeding Php 8,000
2.
Conspiracy to commit Rebellion or Insurrection
a.
Prision correccional maximum
b.
3.
Proposal to commit Rebellion or Insurrection
a.
Prision correccional medium
b.
NOTE:
Merely agreeing and deciding to commit the above mentioned crimes,

without actually performing the overt acts is already punishable.
There is no conspiracy when the people have not agreed, or decided to

commit the crimes.
Even if some acts may be construed as helpful to rebels, if there is no

intent to aid them in achieving their rebellious purposes, those who gave
aid are not liable as conspirators.
Even if someone gives speeches in favor of the crimes, if there is no

evidence that those who heard it took it as a proposal, the person giving
the speech is not liable under this article.
ART. 137. DISLOYALTY OF by OR EMPLOYEES
ACTS PUNISHABLE
1.
Failing to resist rebellion by all means
2.
Continuing to discharge duties under rule of rebels
3.
Accepting appointment under rule of rebels
NOTE: Penalty for all acts is Prision Correccional in its minimum period
OFFENDERS
SHOULD be a public officer or employee. A private individual cannot
violate this article, even if he accepts appointments under the rebel
government.
Should not be in conspiracy with the rebels. If there is conspiracy, he/she
Page 16 of 114
will be liable for rebellion.
b.
REBELLION AS PRE-REQUISITE
There must be a rebellion to be resisted in the first place.
This article is inapplicable in the absence of the crime of rebellion.

ART. 138. INCITING TO REBELLION OR INSURRECTION
5.
Multiple people with no arms or means of violence at all

cannot commit sedition.
Common crimes are not absorbed in sedition.
NOTE: Concurrence of public uprising and purpose of sedition is required.

When one is absent, it is not sedition.
DISTINGUISHING FROM OTHER CRIMES
ELEMENTS
1.
Offender does not take arms or is not in open hostility against the
Government.
2.
He incites others to the execution of any of the acts of rebellion
a.
He incites others to rise publicly and take arms against
the government
3.
Means: speeches, proclamations, banners, writings, emblems, or other
representations.
SEDITION (ART. 139)
REBELLION (ART. 134)
In both, there must be a public uprising.

Sufficient that the public
Taking up of arms against the
uprising is tumultuous.
government
APPLICABILITY
1.
People incited must not actually commit rebellion for this article to apply.
2.
If people incited commit rebellion, this article is not applicable.
a.
People incited would be guilty of rebellion as principals
by direct participation.
b.
Person inciting would be guilty of rebellion as principal
by inducement.
Purpose of the offenders may

be political or social.
The purpose is always political.
SEDITION (ART. 139)
TREASON (ART. 114)
DISTINGUISHING FROM PROPOSAL TO COMMIT REBELLION
Commotions or disturbances
of the State
Violation by a subject of his

allegiance to his sovereign
PROPOSAL TO COMMIT
REBELLION ( ART. 136)
INCITING TO REBELLION (ART.

138)
ART. 140. PENALTY FOR SEDITION
The person who proposes has

decided to commit rebellion.
Not required that the offender has

decided to commit rebellion.
The person who proposes the

execution of the crime uses secret
means.
The inciting is done publicly.
NOTE: In both proposal and inciting, the offender induces another to commit
rebellion
ART. 139. SEDITION
PERSONS LIABLE
Leader of the sedition

Other persons participating in the sedition
ART. 141. CONSPIRACY TO COMMIT SEDITION
There must be an agreement and a

decision to rise publicly and tumultuously to attain any of the objects of
sedition in order to constitute the crime of conspiracy to commit sedition.
There is no proposal to commit

sedition.
ART. 142. INCITING TO SEDITION
ELEMENTS
1.
Offenders rise publicly and tumultuously
2.
Means: force, intimidation, outside legal method.
3.
Objectives:
a.
Prevent promulgation/execution of law or holding of
popular election
b.
Prevent government or officer thereof from freely
exercising functions
c.
Inflict act of hate or revenge upon public officer or
employee or his property
d.
Commit for political or social end, any act of hate or
revenge on any person or social class
e.
Despoil for any political or social end, any person, the
Government, or any division thereof of all or some of
their property.
SEDITION IN GENERAL
1.
Sedition is the raising of commotions or disturbances in the State.
2.
Can be committed by both private and public persons.
3.
Object is generally a violation of public peace.
4.
It cannot be committed by one person alone.
a.
Something is considered tumultuous if it involves at
least four men with weapons or other means of
violence.
PUNISHABLE ACTS
1.
Inciting others to sedition by means of speeches,
writings, emblems, etc.
2.
Uttering seditious words which disturb the public
3.
Writing, publishing, or circulating scurrilous libels
Government which tend to disturb public
peace.
proclamations,
speech.
against
ELEMENTS OF ACT 1 INCITING OTHERS TO SEDITION

1.
That the offender does not take a direct part in the crime of sedition;
2.
That he incites others to the accomplishment of any of the acts
which constitute sedition; and
3.
That the inciting is done by means of speeches, proclamations,
writing, emblems, cartoons, banners, or other representations tending to
the same end.
UTTERING AND WRITING: WHEN PUNISHABLE (ACTS 2 & 3)
1.
When they tend to disturb or obstruct any public officer in executing
the functions of his office; or
2.
When they tend to instigate others to cabal and meet together for
unlawful purposes; or
3.
When they suggest or incite rebellious conspiracies or riots; or
4.
When 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
Page 17 of 114
of the government.
proven later by an investigation.
2 RULES RELATIVE TO SEDITIOUS WORDS

1.
Clear and present danger rule
a. Danger should be both clear and imminent
b. Reasonable ground to believe that the danger
apprehended is imminent and that the evil to be
prevented is a serious one to the State.
c. Present time element. Not only probable but very
likely inevitable.
2.
Dangerous tendency rule

a. Tend to create a danger of public uprising
b. Easily produces disaffection
c. Produces state of feelings incompatible with a
disposition to remain loyal to the government.
P.D. 1866 as amended by R.A. 8294
Sec. 1. Unlawful manufacture, sale, acquisition, disposition or possession of

firearms or ammunition or instruments used or intended to be used in the
manufacture of firearms or ammunition. If homicide or murder is committed
with the use of an unlicensed firearm, such use of an unlicensed firearm shall be
considered as an aggravating circumstance
If such act was made in furtherance of rebellion, subversion, or insurrection,
said act will be absorbed in the latter and shall not be punished as a separate
offense.
Sec. 3. Unlawful manufacture, sale, acquisition, disposition or possession of
explosives. When a person commits any of the crimes defined in the RPC or
special laws with the use of the aforementioned explosives, detonation agents or
incendiary devices, which results in the death of any person or persons, the use
of such explosives, detonation agents or incendiary devices shall be considered
as an aggravating circumstance
================================================
Chapter 2: Crimes against Popular Representation
================================================
SECTION 1. CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR
BODIES
ART. 143. ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY
AND SIMILAR BODIES
ELEMENTS
1.
2.
A projected or actual meeting of Congress or any of its

committees or subcommittees, constitutional commissions or
committees or divisions thereof, or of any provincial board or city or
municipal council or board; and
That the offender who may be any person prevents such meeting
by force or fraud.
NOTE: The Chief of Police and mayor who prevented the meeting of the
municipal council are liable under Art. 143, when the defect of the meeting is not
manifest and requires an investigation before its existence can be determined.
JUST CAUSE
If there is just cause for preventing a meeting, the person doing so is not
liable under this article.
Just cause must appear immediately and must not be one assumed and
ART. 144. DISTURBANCE OF PROCEEDINGS

ELEMENTS
1.
2.
An actual meeting of Congress or any of its committees,

constitutional commissions or committees or divisions thereof, or of any
provincial board or city or municipal council or board; and
That the offender does any of the following acts
a.
b.
he disturbs any of such meetings

he behaves while in the presence of any such bodies in
such a manner as to interrupt its proceedings or to
impair the respect due it.
NOTE: Accused may also be punished for contempt by the legislative body
SECTION 2. VIOLATION OF PARLIAMENTARY IMMUNITY
ART. 145. VIOLATION OF PARLIAMENTARY IMMUNITY
PUNISHABLE ACTS
1.
Using force, intimidation, threats, or fraud to prevent attendance,
expression of opinion, or casting of vote, of
any member of Congress.
2.
Arresting or searching member while Congress is in regular or special
session.
a.
Unless the member is charged with a crime with a
penalty higher than prision mayor
b.
However, to harmonize with the 1987 Constitution, the
RPC provision should be read as a penalty of prision
mayor or higher
ELEMENTS OF ACT 1
1. Means: force, intimidation, threats, or fraud
2.
Purpose: To prevent any member of the National

a.
Attending a meeting
b.
Expressing opinion
c.
Casting vote
Assembly from
ELEMENTS OF ACT 2
1. Offender: Public officer or employee
2.
Arrests or searches any member of Congress
3.
During regular or special session
4.
Member searched/arrested has not committed a crime punishable
arresto mayor or higher
by
NOTE: Actual prevention not necessary
It is not necessary that a member of Congress is actually prevented from

attending, expressing his opinion, or voting.
It is sufficient that offender had the purpose and performed overt acts to
achieve such purpose.
PARLIAMENTARY IMMUNITY
Protects from civil and criminal liability
Does not protect a member of Congress from responsibility before the

legislative body itself whenever that members conduct is considered
inappropriate or unbecoming.
Other members may, by votation, opt to suspend, imprison, or expel
unruly or otherwise erring members of Congress.
================================================
Chapter 3: Illegal Assemblies and Associations
================================================
ART. 146. ILLEGAL ASSEMBLIES
Page 18 of 114
meeting
2 TYPES OF ILLEGAL ASSEMBLIES

1.
Meeting attended by armed persons for the purpose of committing
any of the crimes punishable under the RPC;
REQUISITES:
2.
There is a meeting gathering or group of persons

whether fixed or moving;
Meeting is attended by armed persons; and
The purpose of meeting is to commit any of the
crimes punishable under RPC
A meeting in w/c the audience, whether armed or not, is incited to

the commission of the crimes of treason, rebellion or insurrection, sedition
or assault upon a person in authority or his agent.
REQUISITES:
1. There is a meeting gathering or group of persons
whether fixed or moving;
2. Audience whether armed or not is incited to the
commission of the crime of treason, rebellion or
insurrection, sedition or direct assault.
===============================================
Chapter 4: Assault upon and resistance and disobedience to persons in
authority and their agents
===============================================
ART. 148. DIRECT ASSAULT
2 FORMS OF DIRECT ASSAULT
1.
PRESUMPTIONS WHEN A PERSON CARRIES UNLICENSED FIREARM TO

THE ASSEMBLY
1.
Purpose of the meeting is to commit a crime under the RPC insofar as he
is concerned.
2.
Possessor is a leader or organizer of the meeting.
PERSONS LIABLE FOR ILLEGAL ASSEMBLY
Organizers or leaders of the meeting
Persons merely present at the meeting (except when presence is out of

curiosity not liable since they do not have intent to commit the felony of
illegal assembly)
Without public uprising, by employing force or intimidation for

attainment of any of the purposes enumerated in defining the crimes of
rebellion and sedition ( 1st form)
ELEMENTS:
1.
2.
3.
2.
Without public uprising, by attacking, by employing force or by

seriously intimidating or by seriously resisting any person in authority or
any of his agents, while engaged in the performance of official duties, or on
the occasion of such performance. (2nd form)
ELEMENTS:
1.
ART. 147. ILLEGAL ASSOCIATIONS

KINDS OF ILLEGAL ASSOCIATIONS
1.
Those totally or partially organized for the purpose of committing a felony
2.
Those totally or partially organized for purposes contrary to public morals.
a.
PERSONS LIABLE
1.
Founders and Presidents
2.
Members
b.
DISTINGUISHING ILLEGAL ASSEMBLY FROM ILLEGAL ASSOCIATIONS

ILLEGAL ASSEMBLY
Not necessary that there be an

actual meeting
Actual meeting or assembly

necessary
It is the act of forming or organizing

and membership in the association
that are punished.
It is the meeting and attendance at

such meeting that are punished.
Persons liable: founders, directors,

president, and members.
Persons liable: organizers, or

leaders, and persons present at the
Aim of offender is to attain any of the purposes of the

crime of rebellion or sedition; and
That there is no public uprising.
NOTE: Offended party here may be a private person
NOTE:
Not all the persons present at the meeting of the first form of
illegal assembly need to be armed.
If the audience is incited to commit rebellion or sedition, the

crimes committed are illegal assembly as regards the organizers or
leaders and persons merely present and inciting to rebellion or sedition
insofar as the one inciting them is concerned.
ILLEGAL ASSOCIATION
Offender employs force or intimidation;
Offender (a) makes an attack, (b) employs force, (c)

makes a serious intimidation, or (d) makes a serious
resistance;
2. Person assaulted is a person in authority or his
agent;
3. At the time of the assault the person in authority or
his agent
is engaged in the actual performance of
official duties (motive is not essential); or
is assaulted
by reason of the past
performance of official duties (motive is essential);
4. That the offender knows that the one he is assaulting
is a person in authority or his agent (with intention to
offend, injure or assault); and
5. No public uprising.
NOTE: Offended part here is either a person in authority of an agent of a person

in authority.
REQUIRED DEGREE OF FORCE, INTIMIDATION, OR RESISTANCE FOR

LIABILITY TO ATTACH UNDER THIS ARTICLE
Page 19 of 114
FORCE EMPLOYED
Person in
Authority
Need not be serious
Agent
Must be of serious
character
INTIMIDATION/
RESISTANCE
Serious
Serious
GENERAL RULE: Direct assault is always complexed with the material

consequence of the act (Ex. direct assault with murder).
EXCEPTION: If resulting in a light felony, the consequent crime is absorbed.
NOTE:
Resistance to the person in authority or his agent must be active to
constitute a crime under this article. It cannot be passive, as when one
throws himself on the ground and refuses to follow orders given by a
person in authority to move.
Even when the person in authority or the agent agrees to fight, direct
assault is still committed.
Even another person in authority can be guilty of assault upon a person in
authority or his agent. However, there can be no assault upon or
disobedience to ones authority by another person in authority or his
agent when they both contend that they were in the exercise of their
respective duties.
A person in authority or his agent is not in the actual performance of
official duties when he:
o
Exceeds his powers,
o
Uses unnecessary force or violence, or
o
Descends into matters which are private in nature.
Knowledge of the accused that the victim is a person in authority or his
agent is essential and such knowledge must be alleged in the information.
Evidence of motive of the offender is important when the person in
authority or his agent who is attacked or seriously intimidated is not in the
actual performance of his official duty.
Direct assault may be committed upon a private person who comes to the
aid of a person in authority since he is then considered an agent of a
person in authority.
Direct assault cannot be committed during rebellion. Crime of slight
physical injuries is absorbed in direct assault.
QUALIFYING CIRCUMSTANCES
When the assault is committed with a weapon;
When the offender is a public officer or employee; or
When the offender lays hand upon a person in authority

ART. 149. INDIRECT ASSAULT
ELEMENTS
A person in authority or agent is the victim of any of the forms of direct
assault in the previous article.
A person comes to the aid of such victim
Offender makes use of force or intimidation upon such person.
OFFENDED PARTY
May be a private person.
A private person who comes to the rescue of an authority or his agent

enjoys the privileges of the latter.
NOTE:
Di
rect assault must have been committed first before this article can be
applicable.
If, while a person in authority or his agent is performing his duty and
someone helps him, and then the helper is attacked by a person, without
however attacking the person in authority or agent, it is not indirect
assault.
ART. 150. DISOBEDIENCE TO SUMMONS ISSUED BY THE CONGRESS, ITS

COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL
COMMISSION, ITS COMMITTEES, SUBCOMMITTEES, OR DIVISIONS.
PUNISHABLE ACTS
1.
By refusing, w/o legal excuse, to obey summons issued by the
Congress or any of its committees or subcommittees, Constitutional
committees or by any commission or committee chairman or member
authorized to summon witnesses;
2.
Refusal of any person present before a legislative or constitutional
body or official to: to be sworn or placed under affirmation.
3.
By refusing to answer any legal inquiry; or to produce books,
documents, records etc. when required to do so by the said bodies in the
exercise of their functions;
4.
Restraining another from attending as witness in such body; or
5.
Inducing disobedience to a summons or refusal to be sworn.
ART. 151. RESISTANCE AND DISOBEDIENCE TO A PERSON IN

AUTHORITY OR THE AGENTS OF SUCH PERSONS
PUNISHABLE ACTS
Resistance or serious disobedience
Simple disobedience
ELEMENTS OF RESISTANCE OR SERIOUS DISOBEDIENCE
Person in authority or his agent is engaged in performance of official

duties
The offender resists or seriously disobeys
Acts of the offender are not included in Arts. 148-150

NOTE: There can be no resistance and serious disobedience on occasion of the
performance of official duties. There always has to be an actual
performance of duties when the resistance or serious disobedience is
made.
ELEMENTS OF SIMPLE DISOBEDIENCE
1.
Agent is engaged in the performance of official duty or gives a lawful order
2.
Offender disobeys such duty
3.
Disobedience is not of a serious nature
Note: Only agents can be the victims of simple disobedience
DISOBEDIENCE
The disobedience must be a failure to comply with orders directly issued

by authorities to the person in the exercise of official functions.
The disobedience contemplated under this article is not disobedience to a

law or a failure to comply with some legal provision
The word serious in this article refers only to disobedience, and not to
resistance. Serious resistance is punished under Art. 148.
NON-DELIBERATE ATTACK OR EMPLOYMENT OF FORCE
If it is not deliberate, it is only resistance or serious disobedience.
A non-deliberate attack shows a lack of intent to ignore, disregard, or defy

authority.
NOTE: No crime
When accused did not have knowledge that the person arresting him was
Page 20 of 114
B
urying with pomp the body of a person who has been legally executed
a peace officer and he resisted.

When person in authority or agent exceeds his rights and duties.
QUALIFYING CIRCUMSTANCE
If the 1st or 2nd act is tumultuous in character, the penalty next higher in
degree shall be imposed.
TUMULTUOUS caused by more than 3 persons who are armed or
provided with means of violence.
DISTINGUISHING DIRECT ASSAULT FROM RESISTANCE AND SERIOUS
DISOBEDIENCE
DIRECT ASSAULT
RESISTANCE OR SERIOUS
DISOBEDIENCE
Authority/agent must be in
performance of official duties or was
assaulted by reason thereof
The persons in authority or his agent

must be in actual performance of his
duties.
Committed in 4 ways: attacking,

employing force, seriously
intimidating, seriously resisting
Committed only by resisting or

seriously disobeying a person in
authority or his agent.
Attack or employment of force must

be serious and deliberate
No force is employed, or if person

resisted is only agent, only slight force
is used.
ART. 152. PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN

AUTHORITYWHO SHALL BE DEEMED AS SUCH
PERSONS IN AUTHORITY
Directly vested with jurisdiction, whether as an individual, or as a member
of some court or governmental corporation board or commission
One who has the power or authority to govern and execute laws
Not every public officer is a person in authority.
AGENTS
Those who, by direct provision of law, or by election, or appointment by

competent authority, are charged with the maintenance of public order and
the protection and security of life.
Any person who comes to the aid of persons in authority.

TEACHERS, PROFESSORS, AND PERSONS CHARGED WITH THE
SUPERVISION OF PUBLIC OR DULY RECOGNIZED PRIVATE SCHOOLS
Deemed persons in authority for purposes of Arts. 148 151
Not deemed persons in authority for other purposes under the law
Reason: to give teachers protection, dignity and respect while performing
their duties.
================================================
Chapter 5: Public Disorders
================================================
ART. 153. TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER
PUNISHABLE ACTS
Causing any serious disturbance in a public place, office, or establishment
Interrupting or disturbing performances, functions, or gatherings, or

peaceful meetings, if the act is not included in Arts. 131 and 132
Making any outcry tending to incite rebellion or sedition in any meeting,

association, or public place
Displaying placards or emblems which provoke a disturbance of public

order in such place
NOTE:
Serious disturbance must be planned or intended
If the act of disturbing or interrupting a meeting or religious worship is

committed by a private individual, or even by a public officer who is a
participant in the meeting or religious worship which he disturbs or
interrupts, this article is applicable.
This crime may be complexed with physical injuries if, in the course of
causing a disturbance, offenders injure other people.20
DISTINGUISHING INCITING TO SEDITION OR REBELLION FROM PUBLIC

DISORDER
INCITING TO SEDITION OR
3RD ACT PUNISHABLE UNDER
REBELLION
TUMULTS AND OTHER
DISTURBANCES OF PUBLIC
DISORDER
May be done through speech or
Done only through speech (outcry)
writing
Done with intent to induce the
More of an unconscious outburst
hearers or readers to commit the
which is not intentionally calculated
crime of rebellion or sedition
to induce others to commit such
crimes.
The nature of the speeches in both acts are either rebellious or seditious.
ART. 154. UNLAWFUL USE OF MEANS OF PUBLICATION AND
UNLAWFUL UTTERANCES
ACTS PUNISHABLE
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.
Encouraging disobedience to the law or to the constituted

authorities or by praising, justifying or extolling any act punished by law,
by the same means or by words, utterances or speeches.
Maliciously publishing or causing to be published any official

resolution or document without proper authority, or before they have
been published officially.
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.
ART. 155. ALARMS AND SCANDALS
1.
Discharging any firearm, rocket, firecracker, or other explosive
within any town or public place, calculated to cause (which produces)
alarm or danger.
2.
Instigating or taking active part in any charivari or other
disorderly meeting offensive to another or prejudicial to public tranquility.
3.
Disturbing the public peace while wandering about at night or
while engaged in any other nocturnal amusement.
4.
Causing any disturbance or scandal in public places while
intoxicated or otherwise, provided the act is not covered by Art. 153
(tumults).
NOTE:
20
People v. Bacolod, 89 Phil. 621 as cited in Reyes
Page 21 of 114
CHARIVARI mock serenade or discordant noises made with kettles, tin

horns etc., designed to deride, insult or annoy.
Firearm must not be pointed at a person, otherwise, it is illegal
discharge of firearm (Art. 254).
For discharging any firearm, etc, the act must produce alarm or danger as
a consequence.
Using firecrackers during fiestas are not punishable under this article.
ART. 156. DELIVERING A PERSON FROM JAIL

ELEMENTS
1. Person is confined in jail or penal establishment
2. Offender removes such person therefrom or helps the escape of such
person.
APPLICABILITY OF ARTICLE
Applicable even if escapee is merely a detention prisoner.
Applicable if escapee came from a hospital or asylum as these are

considered extensions of the penal institution.
POSSIBLE OFFENDERS
This crime is usually committed by an outsider
May be committed by an employee, provided that he does not have

custody or charge of such a person, or is otherwise off duty.
VIOLATION, INTIMIDATION, OR BRIBERY
Not necessary elements of the offense. The offense can be committed by

employing other means
The offender is penalized with a higher penalty if he commits the crime

using violence, intimidation, or bribery.
Bribery as contemplated in this article the act of bribing someone as a

means to remove prisoner from jail, not the act of accepting a bribe.
LIABILITY
Person delivering detainee from jail may be held liable as an accessory if

the person helped has committed treason, murder, or parricide, because
the person delivering assists in the escape of the principal.
A prisoner who leaves cannot be held liable under this article.

o
If he is a prisoner by final judgement, he may be liable
under Art. 157.
o
If he is merely a detention prisoner, he is not liable
since he has no sentence to be evaded.
================================================
Chapter 6: Evasion of service of sentence
================================================
ART. 157. EVASION OF SERVICE OF SENTENCE
ELEMENTS
1. That the offender is a convict by final judgment;
2. That he is serving his sentence which consists in deprivation of liberty
(destierro included); and
3. That he evades the service of his sentence by escaping during the term
of his sentence
NOTE:
This is a continuing offense.

This article does not apply to minor delinquents, detention
prisoners, or deportees.
If the offender escaped within the 15-day appeal period, crime is not
evasion because judgment is not yet final.
CIRCUMSTANCES QUALIFYING THE OFFENSE: EVASION OF SENTENCE

WAS DONE THROUGH:
1.
Unlawful entry (by scaling);
2.
Breaking doors, windows, gates, walls, roofs or floors;
3.
Using picklocks, false keys, disguise, deceit, violence or
intimidation; or
4.
Connivance with other convicts or employees of the penal
institution.
ART. 158. EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER
CALAMITIES
ELEMENTS
1.
Offender is convict by final judgment confined in a penal institution
2.
There is a disorder resulting from conflagration, earthquake, explosion,
similar catastrophes, or a mutiny in which the offender did not participate.
3.
The offender subsequently evades the service of his sentence by leaving
the penal institution
4.
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 away of such calamity.
NOTE:
Applicable only to convicts by final judgment.
Convict must leave the penal institution. The deductions or additions to

the penalty effected by this or other articles is not applicable to one who
did not leave a penal institution where he is confined despite the existence
of such calamities.
What is punished is not the leaving of the penal institution, but the failure
of the convict to give himself up.
MUTINY an organized and unlawful resistance to a superior officer.
o
There is no mutiny if the prisoners disarmed the guards
and escaped, because the guards are not their superior
officers.
DEDUCTIONS AND ADDITIONS
If an escapee surrenders himself within 48 hours after the proclamation,

he is entitled to a deduction of 1/5 of his original term, as provided in Art.
98
If an escapee fails to surrender himself within 48 hours after the

proclamation, he will be sentenced to an additional 1/5 of his remaining
sentence, which in no case shall exceed 6 months.
ART. 159. OTHER CASES OF EVASION OF SERVICE OF SENTENCE
ELEMENTS
1.
2.
That the offender was a convict;

That he was granted a conditional pardon by the Chief Executive;
and
3.
That he violated any of the conditions of such pardon.
2 PENALTIES
1.
Prision correccional in its minimum period if the penalty remitted
does not exceed 6 years.
2.
The unexpired portion of his original sentence if the penalty
remitted is higher than 6 years.
NOTE: Offender must have been found guilty of the subsequent offense
(through w/c he violated his conditional pardon) before he can be prosecuted
under this Article. But under the Revised Admin. Code, no conviction is
necessary. President has the power to arrest, and reincarcerate offender without
trial.
================================================
Page 22 of 114
Chapter 7: Commission of another crime during service of penalty

imposed for another previous offense
================================================
Art. 160. COMMISSION OF ANOTHER CRIME DURING SERVICE OF
PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE
ELEMENTS
1. That the offender was already convicted by final judgment of one offense
2.
That he committed a new felony before beginning to serve such sentence

or while serving the same.
QUASI-RECIDIVISM
Special aggravating circumstance. The effect is to impose the maximum

period applicable for the subsequent felony.
Cannot be offset by ordinary mitigating circumstances, but only privileged

ones, such as minority.
Quasi recidivism involves two crimes.

o The 1st one may be any crime, whether punished under
the RPC or special laws.
o The 2nd one, which is committed before serving
sentence for the first one, or while serving the same,
should be a felony.
This is because Art. 160 speaks of the maximum

period of the penalty prescribed by law for the new
felony.
Penalties prescribed by special laws have no periods,

unlike felonies in the RPC.
o
Does not require that both crimes are embraced in the
same title of the Code.
Different from reiteracion, which requires that the offender first finishes
serving out his sentence before committing another crime.
Different from recidivism, where the first and second offense must be
embraced in the same title of the Code.
PARDON
When one reaches the age of 70 and he has served out his original
sentence, he may be pardoned.
He may also be pardoned if he finishes serving the original sentence only

after he reaches 70.
Reasons for not pardoning person

1.
Habitual criminal
2.
Or if his conduct or other circumstances shows
he is not worthy of such clemency.
3. CRIMES AGAINST PUBLIC ORDER
=======================================
4. Crimes Against Public Interest
=======================================
Chapter 1: Forgeries
Sec. 1 Forging the seal of the government of the Philippine Islands,
the
signature or stamp of the Chief Executive
Sec. 2 Counterfeiting Coins
Sec. 3 Forging treasury or bank notes, obligations and securities;
importing and uttering false or forged notes, obligations and
securities
Sec. 4 Falsification of legislative, public, commercial, and private
documents, and wireless, telegraph, and telephone message
Sec.5
Falsification of medical
certificates, certificates of
merit or services and the like
Sec.6 Manufacturing, importing and possession of instruments or
implements intended for the commission of falsification

R.A. 9184
Chapter 2: Other Falsities
Sec. 1 Usurpation of authority, rank, title, and improper use of names,
uniforms and insignia
CA No. 142
Sec. 2 False testimony
Chapter 3: Frauds
Sec.1
Machinations, monopolies and combinations
Sec. 2 Frauds in commerce and industry
================================================
Chapter 1: Forgeries
================================================
SECTION 1 FORGING THE SEAL OF THE GOVERNMENT OF THE
PHILIPPINE ISLANDS, THE SIGNATURE OR THE STAMP OF THE CHIEF
EXECUTIVE
ART. 161. COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT
OF THE PHILIPPINE ISLANDS, FORGING THE SIGNATURE OR STAMP OF
THE CHIEF EXECUTIVE
ACTS PUNISHABLE
1. Forging the Great Seal
2. Forging the signature
3. Forging the stamp
NOTE:
When the signature of the President is forged, it is not falsification but

forging of signature of the Chief Executive under this article.
ART. 162. USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR
STAMP
ELEMENTS
1.
Great seal was counterfeited or signature/stamp forged.
2.
Offender knew of such counterfeiting or forgery
3.
Offender uses such fake seal, stamp, or signature
NOTE:
The offender in this article should not be the one who did the
counterfeiting or forgery, otherwise, he will be liable under the previous
paragraph.
Offender is punished under this article with a penalty one degree lower
than that provided in the next preceding article, even if his act is that of an
accessory to the crime of counterfeiting the great seal or forging the stamp
or signature.
SECTION 2 COUNTERFEITING COINS
ART. 163. MAKING, UTTERING, AND IMPORTING FALSE COINS
ELEMENTS
1.
There are false or counterfeited coins
2.
Offender made, imported, or uttered said coins
3.
In case of uttering, offender should be in connivance with either
counterfeiter of importer
NOTE:
A coin is counterfeit if it is forged, or if it is not authorized by the
government as legal tender, regardless if it is of intrinsic value.
Counterfeiting is the imitation of legal or genuine coin such as to deceive
an ordinary person in believing it to be genuine.
To utter is to pass counterfeited coins, deliver or give away.
To import is to bring them into port. Importation is complete even before
Page 23 of 114
entry at the Customs House.

This article also applies to Philippine coins, foreign state coins, and
coins withdrawn from circulation. This does not require that the coins
counterfeited be legal tender.
ART. 164 MUTILATION OF COINS; IMPORTATION AND UTTERANCE OF

COINS
ACTS PUNISHABLE
1. Mutilating coins of legal currency with the further requirement that there
be intent to damage or to defraud another.
2. Importing or uttering such mutilated coin with the further requirement
that there must be connivance with the mutilator or importer in case of
uttering.
NOTE:
Mutilation is to take off part of the metal either by filing it or

substituting it for another metal of inferior quality, to diminish by
ingenious means the metal in the coin.
Foreign notes and coins not included under this article.
Mutilation must be of Philippine legal tender.
There must be intention to mutilate.
ART. 165. SELLING OF FALSE OR MUTILATED COINS WITHOUT

CONNIVANCE
ACTS PUNISHABLE
Possession with intent to utter coin counterfeited or mutilated by another.
Actually uttering, while knowing coins to be false or mutilated.

ELEMENTS OF ACT NO. 1
1. Possession
Covers possession in general, from actual possession
to constructive possession
2. Intent to utter
3. Knowledge that the coins are forged/mutilated
ELEMENTS OF ACT NO. 2
1.
Actually uttering such coins
2.
Knowledge that the coins are forged/mutilated.
LEGAL TENDER
1. This article does not require that the coin being uttered is legal tender
2. But if the coin being uttered or possessed is a mutilated coin, it must be
legal tender, because of Art. 165
Punishing possession and utterance
1.
The possession or utterance punished under this article is that which is
done without connivance with the original forgers, mutilators, or importers.
2.
If, along with possession or utterance, one is also the author or the
mutilation or forgery, he will be liable under either Arts. 164 or 165.
3.
Possession and utterance must always be with the knowledge that these
are forged or mutilated coins. Knowledge need not be expressed, but may
be inferred from acts of the offender.
SECTION 3 FORGING TREASURY OR BANK NOTES, OBLIGATIONS AND
SECURITIES; IMPORTING AND UTTERING FALSE OR FORGED NOTES,
OBLIGATIONS AND SECURITIES
2.
3.
1.
rging or falsification of treasury or banking notes or other documents
Importation of such false or forged obligations or notes
Uttering such in connivance with the forgers or importers
Fo
NOTE:
Forging is committed by giving a treasury or bank note or any instrument
payable to bearer or order an appearance of a true and genuine
document.
Falsification is committed by erasing, substituting, counterfeiting or
altering by any means the figures and letters, words, signs contained
therein.
Forging PNB checks is not included under this article. That is falsification
of commercial document under Article 172.
Obligation or security includes bonds, certificate of indebtedness, bills,
national bank notes, coupons, treasury notes, certificates of deposit,
checks, drafts for money, and sweepstakes money.
ART. 167. COUNTERFEITING, IMPORTING, OR UTTERING INSTRUMENTS
NOT PAYABLE TO BEARER
ELEMENTS
1.
There is an instrument payable to order or other document not payable to
bearer
2.
The offender forges such document or imports or utters such forged
instrument.
3.
In case of uttering, the offender is in connivance with the forgers or
importers
ART. 168. ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR
BANK NOTES AND OTHER INSTRUMENTS OF CREDIT
ELEMENTS
1.
Documents in the preceding articles are forged or falsified by another
person
2.
Offender knows them to be forged or falsified
3.
He uses them or possesses them with intent to use
NOTE:
The act sought to be punished is knowingly possessing with intent

to use any of such forged treasury or bank notes.
The accused has the burden to give a satisfactory explanation of his

possession of forged bills. Mere possession of false money bill, without
intent to use it to the damage of another, is not a crime.
A person in possession of falsified document and who makes use of

the same is presumed to be material author of falsification.
ART. 169. HOW FORGERY IS COMMITTED
WAYS FORGERY IS COMMITTED
1.
Giving any document mentioned in preceding articles the appearance of a
true/genuine document
2.
Erasing, substituting, counterfeiting, or altering what is in the document.
SECTION 4 FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL,
AND PRIVATE DOCUMENTS, AND WIRELESS TELEGRAPH AND
TELEPHONE MESSAGES
ART. 170. FALSIFICATION OF LEGISLATIVE DOCUMENTS
ART. 166. FORGING TREASURY OR BANK NOTES, OR OTHER

DOCUMENTS PAYABLE TO BEARER; IMPORTING AND UTTERING SUCH
FALSE OR FORGED NOTES OR DOCUMENTS
ELEMENTS
1.
There is a bill, resolution, or ordinance enacted, approved, or pending
approval by Congress or any provincial or municipal council/board.
2.
The offender alters it
3.
He has no proper authority to do so
4.
Alteration has changed the meaning of the document
ACTS PUNISHABLE
NOTE:
Page 24 of 114
2.
The bill, resolution, or ordinance must be genuine. This article does not
cover a fabricated or simulated legislative document.
Offender can be any person, for as long as he has no authority.
This article only punishes alteration which changes its meaning. Any other
tampering with legislative documents is covered under Art. 171 or 172.
ART. 171. FALSIFICATION BY PUBLIC OFFICER OR EMPLOYEE, OR

NOTARY OR ECCLESIASTICAL MINISTER
ELEMENTS
1. Offender: Public officer, employee, ecclesiastical minister, or notary public
2.
Takes advantage of his official position
3.
Falsifies a document by committing any of the acts mentioned in the
article
4.
In case the offender is an ecclesiastical minister, that the falsification be
committed with respect to civil status of persons.
TAKES ADVANTAGE OF OFFICIAL POSITION
1.
He has duty to make or prepare, or otherwise intervene in a preparation of
a document
2.
He has the official custody of the documents which he falsifies
DOCUMENT
1.
Any written statement by which a right is established or an obligation
extinguished.
2.
Must be complete or have the appearance of a true and genuine
document
3.
Must be of apparent legal efficacy
4.
Pars. 6, 8, and the second part of par. 7 require a genuine document,
while the others do not.
1ST ACT: COUNTERFEITING

HANDWRITING OR RUBRIC
OR
IMITATING
ANY
SIGNATURE,
2 WAYS UNDER THIS PARAGRAPH

COUNTERFEITING imitating any handwriting, signature or rubric
1.
2.
FEIGNING simulating a signature, handwriting, or rubric out of one

which does not exist.
REQUISITES
Intent or attempt to imitate
Some resemblance between the genuine and forged handwriting,

signature, or rubric
INTENT
If there is sufficient resemblance between the genuine and the forged
signatures, it can be concluded that the accused had intention to imitate
signature.
There can be no intent to counterfeit or imitate if the person had
authority to sign.
RESEMBLANCE
Imitation need not be perfect.
Resemblance must be such that is likely to deceive an ordinary person

dealing with the document
2ND ACT: CAUSING IT TO APPEAR THAT PERSONS HAVE PARTICIPATED

IN ANY ACT OR PROCEEDING WHEN THEY IN FACT DID NOT SO
PARTICIPATE.
ELEMENTS
1. Offender caused it to appear in a document that a person has participated
in an act or proceeding.
ersons did not in fact participate.

NOTE:
Imitation of a signature is not required in this article.
If performed by a private person, as with all acts under Art. 171, Art. 172
should be applied.
3RD ACT: ATTRIBUTING TO PERSONS WHO HAVE PARTICIPATED IN AN
ACT OR PROCEEDING STATEMENTS OTHER THAN THOSE IN FACT MADE
BY THEM
ELEMENTS
Persons participated in an act or proceeding
Persons made statements in that proceeding.
Offender attributed to such person or persons statements other than those
in fact made.
1.
2.
3.
4TH ACT: MAKING UNTRUTHFUL STATEMENTS IN A NARRATION OF

FACTS
ELEMENTS
1.
Offender makes narration of facts
2.
There was a legal obligation to disclose the truth
3.
Facts narrated are absolutely false
4.
Wrongful intent of injuring a third person
NARRATION OF FACTS
Must be narration of facts, not conclusions of law
Does not include mistakes in judgment
LEGAL OBLIGATION
There is a law requiring the disclosure of the truth of the facts narrated
If the law does not require a piece of information, even if accused lied
about that info, he is not liable.
3. Legal obligation is inherent in residency certificate.
1.
2.
ABSOLUTELY FALSE
Offender must be aware of falsity
If the statements are not altogether false, there being some colourable
truth in such statements, the crime of falsification is not deemed to have
been committed.
WRONGFUL INTENT
1.
A person is not guilty if he was not animated by desire to do wrong or to
injure a third person.
2.
Good faith is a defense. If offender believed what he put was true, he is
not liable.
OTHER NOTES
1. Even if consent for contract was obtained by violence, it does not make
facts narrated in it false.
2. There can be falsification by omission.
5TH ACT: ALTERING TRUE DATES
NOTE:
There is falsification only when the date mentioned in the document is
essential.
Change of date must affect the veracity of the document or the
effects/meaning thereof.
6TH ACT: MAKING ANY ALTERATION OR INTERCALATION IN A GENUINE
Page 25 of 114
DOCUMENT WHICH CHANGES ITS MEANING

ELEMENTS
Alteration (change) or intercalation (insertion) on a document.
Made on a genuine document
Alteration or intercalation has changed its meaning
Meaning of the document is now false.

CHANGES ITS MEANING
1. Change the effects which it would otherwise produce
2. Unless that happens, there could not exist an essential element or
intention to commit a crime.
MEANING IS NOW FALSE
1. Alteration which speaks the truth is not falsification
2. Must be alteration/intercalation which causes the instrument to speak a
language different in legal effect from what it originally spoke.
7TH ACT: ISSUING IN AN AUTHENTICATED FORM A DOCUMENT
PURPORTING TO BE A COPY OF AN ORIGINAL DOCUMENT WHEN NO
SUCH ORIGINAL EXISTS, OR INCLUDING IN SUCH A COPY A STATEMENT
CONTRARY TO, OR DIFFERENT FROM, THAT OF THE GENUINE ORIGINAL
OFFENDER
Committed only by a public officer or notary public who takes advantage
of his official position.
If private individual is in conspiracy with offender, he is guilty of this crime
and incurs the same liability and penalty as public officer.
INTENT TO GAIN OR PREJUDICE
1.
The idea of gain or intent to cause damage to a third person is not
necessary.
2.
It is the official character of the offender which is mainly taken into
consideration.
3.
Interest of the community which is intended to be guaranteed.
8TH ACT: INTERCALATING ANY INSTRUMENT OR NOTE RELATIVE TO THE
ISSUANCE THEREOF IN A PROTOCOL, REGISTRY, OR OFFICIAL BOOK.
ELEMENTS OF ACT NO.2

1.
Offender committed any of the acts of falsification.
2.
Private document.
3.
Damage to a third party or at least intent to cause such damage.
a.
Need not be material
b.
Damage to ones honor is included
c.
Effect need not be to profit offender for as long as it damaged
another.
ELEMENTS OF ACT NO.3 (JUDICIAL PROCEEDING)
1.
Offender knew document was falsified by another
2.
Document is embraced in Art. 171, or nos. 1 or 2 of Art. 172
3.
Introduced in evidence in judicial proceeding
ELEMENTS OF ACT NO.3 (ANY OTHER PROCEEDING)
1.
Offender knew document was falsified by another
2.
Embraced in Art. 171, or nos. 1 or 2 of Art. 172
3.
Used such document (not in judicial proceeding)
4.
Use caused damage to another or it was used with intent to cause such
damage.
DAMAGE OR INTENT TO DAMAGE A THIRD PARTY
1.
Only necessary when falsifying private documents, or using any falsified
document in proceedings other than judicial proceedings.
2.
Not necessary when falsifying a public, official, or commercial document.
3.
Also not necessary when documents are used in judicial proceedings.
4 KINDS OF DOCUMENTS
1.
Public document
a.
Issued by public official in response to the exigencies of
public service.
b.
Public official intervened in execution.
c.
Authorized by a notary public or a competent public
official with required solemnities.
2.
Official document
a.
Issued by a public official in the exercise of the
functions of his office.
b.
All pleadings filed with the court are public or official
documents.
3.
NOTE:
Contemplates the changing entries in records such as the local civil
registry.
Malicious intent not necessary
ART. 172. FALSIFICATION BY PRIVATE INDIVIDUAL AND USE OF
FALSIFIED DOCUMENTS
ACTS PUNISHABLE
1.
Falsification of public, official or commercial document by private
individual.
2.
Falsification of private document by any person.
3.
Use of falsified document in a judicial proceeding, or to the prejudice of
another in any other proceeding.
Offender: private individual or public officer not taking advantage of

position.
Committed any act of falsification under Art. 171
Exception: Par.7 which by definition cannot be
committed by private individual/public officer not taking
advantage of position. authentication
Public/official/commercial document.
4.
Commercial document
a.
Defined and regulated by Code of Commerce
b.
Promote or facilitate trade.
c.
Cash disbursement vouchers not included.
All other writings are private.
PRIVATE DOCUMENTS CONSIDERED PUBLIC

1.
Deed which was privately falsified, but then presented to the notary public
by the falsifier for acknowledgment.
2.
If private document becomes part of an official record and is certified by a
public officer duly authorized by law.
PRESUMPTIONS
Possessor and utterer of a falsified document is presumed to be the

author of the falsification.
Especially if accused has sufficient and strong motive.

a. The fact that petitioner benefitted and even profited
from the falsified notarized Release of Real Estate
Mortgage are strong indications that she participated in
the falsification of the same document. 21
COMPLEXED WITH ESTAFA
1.
There is a complex crime of falsification of a public, official, or commercial
document, with estafa.
2.
There is no such complex crime if what is involved is a private document.
a.
Reason: To be punishable, falsified private documents
need to be accompanied by damage, or intent to
21
Nierva v. People, G.R. No. 153133 (2006)
Page 26 of 114
b.
damage a third person. What would be damage from

an act constituting estafa actually merely consummates
the crime of falsification of a private document.
Distinguish from a public document which needs no
damage to a third party to be punishable. Any damage
resulting from such use of the document could be
attributed to a separate crime such as estafa, because
damage is not an element of falsification of a public
document.
DISTINGUISHING PRIVATE FROM PUBLIC DOCUMENT

PRIVATE
PUBLIC/OFFICIAL
Prejudice to a third party is primarily
taken into account
If such damage is not apparent, or
there is at least no intention to
cause it, the falsification is not
punishable
Principal thing punished is the violation

of public faith and the preservation of
truth which the document solemnly
proclaims
Immaterial whether or not some
prejudice has been caused to third
persons.
NOTE:
Falsification is consummated the moment the genuine document is altered

or the moment the false document is executed.
There may be a frustrated stage if falsification is imperfect.
Usage, which is not an element of falsification, is punished separately

from actual falsification.
o
It cannot be deemed necessarily included in the crime
of falsification of a public document by a public officer
or employee or by a private person.
o
May be a lesser offense.
ART. 173. FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND
TELEPHONE MESSAGES, AND USE OF FALSIFIED MESSAGES
ACTS PUNISHABLE
1.
Uttering fictitious messages
2.
Falsifying messages
3.
Using falsified messages
ELEMENTS OF ACT NO.1 AND NO.2
Offender is an officer or employee of Government, or of private

corporation engaged in service of sending or receiving wireless, cable, or
telephone messages
The offender either

a. Utters a fictitious message
b. Falsifies a message
1. Accused knew messages were falsified
2. Accused used such falsified dispatch
3. Resulted in prejudice of third party, or there was intent to prejudice.
PRIVATE INDIVIDUAL
1.
Cannot commit the first two acts by direct participation unless he is an
employee of a corporation engaged in telecommunications services.
2.
Can be held guilty as a principal by inducement, if he induced such public
or government employee to perform punishable acts.
3.
Connection with telecommunications network is not necessary to commit
third act. Any person can be held liable for the use of falsified dispatch.
SECTION 5 FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFICATES

OF MERIT, SERVICE, AND THE LIKE
ART.
174 FALSE MEDICAL CERTIFICATE, FALSE CERTIFICATES OF MERIT
OR SERVICE, ETC.
PERSONS LIABLE
Physician or surgeon, for falsifying a medical certificate
Public officer, for falsifying a certificate of merit, service, good conduct, or

other similar circumstances.
Private individual, for falsifying any of the documents mentioned in the first
two acts.
SIMILAR CIRCUMSTANCES
1.
Similar to merit, service, or good conduct.
2.
Thus, certificates pertaining to ownership of property are not included.
ART. 175 USING OF FALSE CERTIFICATES
ELEMENTS
1. Crime in Art. 174 has been committed by another person
2. Offender knew of the falsified nature of the certificate
3. Offender used such false certificate
SCOPE
This article only applies to use of those falsified documents covered by

Art. 174.
This article applies, even if the falsified documents were used in a judicial
proceeding.
SECTION 6 MANUFACTURING, IMPORTING, AND POSSESSION OF
INSTRUMENTS OR IMPLEMENTS
ART. 176 MANUFACTURING AND POSSESSION OF INSTRUMENTS OR
IMPLEMENTS FOR FALSIFICATION
ACTS PUNISHABLE
1.
Making or introducing into the country, implements and instruments for
counterfeiting/falsification
2.
Possessing items made or imported by another person, with intent to use
the same.
a.
Includes constructive possession
b.
Either actual ownership or mere control
IMPLEMENTS CONFISCATED
1.
Not necessary that they form a complete set for counterfeiting
2.
Enough that they may be employed by themselves or together with other
implements to commit the crime of counterfeiting or falsification
R.A. 9184: THE GOVERNMENT PROCUREMENT ACT
(THE NEW PUBLIC BIDDING LAW)
PUNISHABLE ACTS
1. Those committed by public officers
a. Open any sealed Bid and any and all
documents required to be sealed or
divulging their contents, prior to the
appointed time for the public opening of
Bids or other documents.
b. Delaying without justifiable cause any of
the following beyond the prescribed
periods:
i. Screening for eligibility
ii. Opening for bids
iii. Evaluation and post evaluation for bids
iv. Awarding of contracts
c. Unduly influencing or exerting undue
pressure on any member of the BAC or
Page 27 of 114
d.
e.
f.
2.
any officer or employee of the procuring

entity to take a particular bidder.
Splitting of contracts which exceed
procedural
purchase
limits
and
cooperative bidding
Abusing exercise of power to reject any
and all bids, with manifest preference to
any bidder who is closely related to him.
Note: if any of the foregoing acts are
done
in
collusion
with
private
individuals, the private individuals shall
be likewise liable for the offense. Such
private individual shall be permanently
disqualified from transacting business
with the government.
Those committed by private individuals

(Accompanied by permanent disqualification from
transacting business with the government and
temporary to perpetual disqualification from public
office)
i. When two or more bidders agree and submit
different Bids as if they were bona fide, when
they knew that one or more of them was so
much higher than the other that it could not be
honestly accepted and that the contract will
surely be awarded to the pre-arranged lowest
Bid.
ii. When a bidder maliciously submits different
Bids
through
two
or
more
persons,
corporations, partnerships or any other
business entity in which he has interest, to
create the appearance of competition that
does not in fact exist so as to be adjudged as
the winning bidder.
iii. When two or more bidders enter into an
agreement which call upon one to refrain from
bidding for Procurement contracts, or which
call for withdrawal of bids already submitted,
or which are otherwise intended to secure as
undue advantage to any one of them.
iv. When a bidder, by himself or in connivance
with others, employ schemes which tend to
restrain the natural rivalry of the parties or
operates to stifle or suppress competition and
thus produce a result disadvantageous to the
public.
b. Other acts
i. Submit eligibility requirements of whatever
kind and nature that contain false
information or falsified documents calculated
to influence the outcome of the eligibility
screening
process
or
conceal
such
information in the eligibility requirements
when the information will lead to a
declaration of ineligibility from participating
in public bidding.
ii. Submit Bidding Documents of whatever kind
and nature than contain false information or
falsified
documents
or
conceal
such
information in the Bidding Documents, in
order to influence the outcome of the public
bidding.
iii. Participate in a public bidding using the
name of another or allow another to use
one's name for the purpose of participating
in a public bidding.
iv. Withdraw a Bid, after it shall have qualified
as the Lowest Calculated Bid/Highest Rated

Bid, or to accept and award, without just
cause or for the purpose of forcing the
Procuring Entity to award the contract to
another bidder. This shall include the nonsubmission of requirements such as, but not
limited to, performance security, preparatory
to the final award of the contract.
3.
When the bidder is a juridical entity, criminal liability

and the accessory penalties shall be imposed on its
directors, officers or employees who actually commit
any of the foregoing acts.
JURISDICTION
Jurisdiction over the offenses defined under this Article
shall belong to the appropriate courts, according to laws
existing at the time of the commission of the offenses.
================================================
Chapter 2: Other falsities
================================================
SECTION 1 USURPATION OF AUTHORITY, RANK, TITLE, AND IMPROPER
USE OF NAMES, UNIFORMS, AND INSIGNIA
ART. 177. USURPATION OF AUTHORITY AND OFFICIAL FUNCTIONS
ACTS PUNISHABLE
1.
Usurpation of authority knowingly and falsely representing oneself to be
an officer, etc.
a.
Mere act of knowingly and falsely representing oneself
to be an officer, etc., is sufficient.
b.
It is not necessary that he performs an act pertaining to
a public officer
2.
Usurpation of official functions doing any act pertaining to any public
officer, etc. without being authorized to do so.
a.
Essential that offender should have performed act
pertaining to public officer
REPRESENTATION
Must be positive, express, and explicit
Must represent officers named in article, and not just any authority figure
Representation may be shown in acts, and not just words.

OFFENDERS
1.
This article may be violated by both private and public officers.
ART. 178. USING FICTITIOUS NAME AND CONCEALING TRUE NAME
PUNISHABLE ACTS
1.
Using fictitious name
2.
Concealing true name and other personal circumstances
1.
Offender uses a fictitious name
Page 28 of 114
2.
3.
Such name is used publicly

Purpose is
a.
Conceal a crime
b.
Evade execution of judgment
c.
Causes damage to public interest

1.
Offender conceals true name and other personal circumstances
2.
Purpose is to conceal identity
FICTITIOUS NAME
CONCEALING TRUE NAME
Element of publicity must be present
Publicity element not necessary
3 possible purposes
Only 1 purpose: conceal true identity
C.A. 142 AS AMENDED BY R.A. 6085:

THE ANTI ALIAS LAW
PROHIBITED ACTS
1.
Using a name different from that which he was registered at birth in the
official local civil registry
2.
Using a name different from that which he registered with the bureau of
immigration upon entry into the country
3.
Using a name which was not authorized by a competent court as a
substitute name
EXCEPTIONS
Literary purposes
Cinema, television, radio, and other entertainment purposes
Athletic events
NOTES ON THE LAW
1.
Judicial authority must be first secured by a person who desires to
use an alias.
2.
However, a common-law wife does not incur criminal liability under

the Anti-Alias Law if she uses the surname of the man she has been living
w/ for the past 20 years and has been introducing herself to the public as
his wife.
ART. 179. ILLEGAL USE OF UNIFORMS OR INSIGNIA

ELEMENTS
Offender uses an insignia, uniform, or dress
Such pertains to an office not held by offender or a class of persons of

which he is not a member
Used publicly and improperly

INSIGNIA, UNIFORM, OR DRESS
1.
Genuine insignia, uniform, or dress is not necessary. Offender can wear
an imitation and still be liable.
2.
An exact imitation is not necessary, for as long as there is a colourable
resemblance calculated to deceive the general public.
3.
Must pertain to an actual officer or class of persons. The person is not
liable if the insignia, uniform, or dress pertains to an imaginary office or
class.
SECTION 2 FALSE TESTIMONY
ART. 180. FALSE TESTIMONY AGAINST A DEFENDANT
ELEMENTS
1. That there be a criminal proceeding;
2. Offender testifies falsely under oath against the defendant therein;
4.
3. Of
fender knows that it is false; and
The defendant against whom the false testimony is given is either
acquitted or convicted in a final judgment.
FALSE TESTIMONY - committed by a person who, being under oath and

required to testify as to the truth of a certain matter at a hearing before a
competent authority, shall deny the truth or say something contrary to it
NOTE:
Violation of this article requires criminal intent. Hence, it cannot be

committed through negligence.
The offender need not impute guilt upon the accused to be liable.
The defendant must at least be sentenced to a correctional penalty or a

fine, or must have been acquitted.
The witness who gave false testimony is liable even if the court did not
consider his testimony.
Penalty depends upon sentence imposed on the defendant except in the

case of a judgment of acquittal.
Since Art. 180 does not prescribe the penalty where the defendant in a
criminal case is sentenced to a light penalty, false testimony in case of a
light penalty cannot be punished, considering that a penal law must
always be strictly construed.
ART. 181. FALSE TESTIMONY FAVOURABLE TO THE DEFENDANT

ELEMENTS
That the testimony must be given in a civil case;
That the testimony must relate to the issues presented in said case;
That the testimony must be false;
That the false testimony must be given by the defendant knowing the
same to be false; and
That the testimony must be malicious and given with an intent to affect the
issues presented in the said case.
NOTE:
Testimony by negative statement is still in favor of the defendant.
False testimony in favor of defendant need not directly influence the

decision of acquittal nor benefit the defendant. The intent to favor
defendant is sufficient.
A statement of mere opinion is not punishable.
Conviction or acquittal is not necessary (final judgment is not necessary),

but gravity of crime in principal case should be shown.
Defendant who falsely testified in his own behalf in criminal case is guilty
of false testimony favourable to the defendant
Rectification made spontaneously after realizing mistake is not false
testimony.
The penalty in this article is less than that which is provided in the
preceding article because there is no danger to life or liberty of the
defendant
ART. 183. FALSE TESTIMONY IN OTHER CASES AND PERJURY IN

SOLEMN AFFIRMATION
ACTS PUNISHABLE
1.
False testimony under oath in a proceeding other than judicial
2.
False affidavit
ELEMENTS
1. Statement under oath or affidavit upon material matter
2. Made before a competent officer authorized administer such oath.
3. Wilful and deliberate assertion of a falsehood
a. Perjury cannot be wilful where the oath is according to
Page 29 of 114
belief or conviction as to its truth22
b. It must appear that the accused knows his statement to

4.
be false or is consciously ignorant of its truth23

That the information given is required by law.
================================================
Chapter 3: Frauds
================================================
COMPETENT OFFICER
1.
Person who has a right to inquire into the questions presented to him
under his jurisdiction
2.
No perjury if not competent authority
SECTION 1. MACHINATIONS, MONOPOLIES, AND COMBINATIONS
REQUIRED BY LAW
1.
There is a law requiring it OR
2.
The statement or document is made for legal purposes.
3.
It is sufficient that the oath had been administered with a view of carrying
into effect a legal purpose.
DEFINITIONS
OATH any form of attestation manifesting a commitment to perform an

act faithfully and truthfully
AFFIDAVIT a sworn statement in writing made before an authorized

officer
MATERIAL MATTER the main fact; the subject of inquiry or

circumstances which tends to prove the fact
a.
Legitimately affects the credit of any witness who
testifies
b.
Strengthens or corroborates testimonies
ART. 185. MACHINATIONS IN PUBLIC AUCTIONS

ACTS PUNISHABLE
Soliciting gift to refrain from taking part in publication
Attempting to cause bidders to stay away from an auction

1.
Public auction
2.
Accused solicited gifts/promise of gifts
3.
In consideration of refraining from taking part in the auction
4.
Intent is to cause reduction of the price of the thing auctioned.
1.
Public auction
2.
Offender: attempted to cause the bidders to stay away
3.
Means: threats, gifts, promises or any other artifice
4.
Intent: reduction of price of thing auctioned
MATERIALITY
1. There must be competent proof of the materiality of the false testimony
2. Matter must not simply be pertinent, that is, relating to collateral matters
which make more or less probable the proposition at issue.
3. It must be material, that is, directly proving or disproving a fact at issue.
4. No perjury if false imputations in testimony or affidavit were not on
material matter.
SUBORNATION OF PERJURY
1. Knowingly and wilfully procuring another to swear falsely
2. Not expressly punished in the revised penal code, but offender may be
liable as a principal by inducement.
ART. 184. OFFERING FALSE TESTIMONY IN EVIDENCE
ACTS ARE FORMAL CRIMES

1. It is not required that the person making proposal actually refrains from
taking part in any publication. The crime is committed by mere solicitation.
2. It is not required that the person accept the offer or gift. The crime is
consummated by mere offering of the gift or promise in consideration of
refraining to take part.
(ART. 186, 188, 189, SUPERSEDED BY THE INTELLECTUAL PROPERTY
CODE)
SECTION 2. FRAUDS
ART. 187. IMPORTATION AND DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER
PRECIOUS METALS OR ALLOYS
ARTICLES OF MERCHANDISE INVOLVED
11 Gold
11 Silver
11 Precious metals
11 Alloys
ELEMENTS
1. Offered in evidence false witness or testimony
2. Offender knew of falsity
3. During judicial or official proceedings
NOTE:
This article applies when the offender, without inducing another but
knowing him to be a false witness, presented him and the latter testified
falsely in a judicial or official proceeding.
The felony is consummated the moment a false witness is offered in

any judicial or official proceeding. Looking for a false witness is not
punished by law as that is not offering a false witness.
The false witness need not be convicted of false testimony. A mere
offer to present him is sufficient.
22
23
JUDGE PIMENTEL NOTES, p.76

Monfort III.,
168301(2007)
et.
al.,
v.
Salvatierra,
G.R.
No.
Elements
1.
Offender imports, sells, or disposes item
2.
Stamps, brands, or marks fail to indicate the actual fineness or quality
3.
Offender knows of such failure to indicate
SELLING, DISPOSING, AND IMPORTING
1.
It is not necessary that such items are actually sold and public actually
deceived, before one can be liable under this article
2.
If one is charged with importation, there must be proof that item was in
fact imported.
OFFENDER
1.
Those who import, sell, or dispose items.
2.
This article is not applicable to the manufacturer of articles of gold, silver,
etc. He is liable for estafa.
Page 30 of 114
i. Any employee who is aware of the nature of such place

ii. Any person who is aware of the nature of the place and

4. CRIMES AGAINST PUBLIC INTERESTS
=======================================
5. Crime Relative to Opium and Other Prohibited Drugs
=======================================
TOPIC UNDER SYLLABUS
The Comprehensive Dangerous Drug Act of 2002
================================================
shall knowingly visit the same.
4. Being employees or visitors of drug den

a. Persons liable:
i. Any employee of a den, dive or resort who is aware of the
ii.
NOTE: The Dangerous Drug Act of 2002 repealed the articles under Title Five of
the revised penal code. Crimes relative to prohibited drugs are now covered by
R.A. 9165.
ACTS PUNISHABLE
1.
Importation of dangerous drugs or controlled precursors and essential

chemicals.
a. Regardless of quantity or purity involved.
b. Circumstances which warrant maximum penalty
i. Importing such items through the use of a diplomatic
passport, diplomatic facilities, or any other means involving
an offenders official status intended to facilitate unlawful
entry.
ii. Organizer, manager, or financier.
2.
Sale, trading, administration, dispensation, delivery, distribution and

transportation of dangerous drugs or controlled precursors.
a. Circumstances which warrant maximum penalty
i. Offense transpiring within 100 meters from school
ii. Using minors or mentally incapacitated persons as runners,
couriers, and messengers.
iii. Victim of the offense is a minor or mentally incapacitated
person.
iv. Dangerous drug or controlled precursor or essential
chemical be the proximate death of a victim.
v. Organizer, manager, financier
3.
Maintenance of a den, dive, or resort where any dangerous drug or

controlled precursor and essential chemical are used or sold.
a. OPIUM DIVE OR RESORT: place where dangerous
drug and/or controlled precursor and essential chemical
is administered, delivered, stored for illegal purposes,
distributed, sold or used in any form
b. Circumstances which warrant maximum penalty
i. Drug is administered, delivered, or sold to a minor who is
allowed to use the same
ii. Organizer, manager, or financier
c. Circumstance raising penalty to death and fine of Php
1 15 million.
i. When dangerous drug is proximate cause of death of a
person using the same in such den, dive, or resort
ii. Imposed on maintainer/owner or operator of such place.
d. If den, dive, or res
ort is owned by a 3 rd person,
the same shall be confiscated in favor of the
government
i. Must allege that place was intentionally used in the
furtherance of the crime
ii. Prosecution must prove such intent.
iii. Owner must be included as an accused in the criminal
complaint
e. Other persons liable in relation to dens, dives, or
resorts
nature of the place as such

Any person not being included in number 1, who is aware of
the nature of the place as such and shall knowingly visit the
same.
b. A person who visited another who was smoking opium
shall not be liable if the place is not an opium dive or
resort
5.
Manufacture of dangerous drugs, and/or controlled precursors and

essential chemicals.
a. Presence of any controlled precursor/essential
chemical or laboratory equipment in a clandestine
laboratory is prima facie proof of manufacture of any
dangerous drug.
b. Aggravating circumstance: if clandestine laboratory
i. Involved participation or presence of minors
ii. Was located within 100 meters of residential, business,
church, or school premises
iii. Was secured with booby traps
iv. Was concealed with legitimate business operations
v. Employed practitioner, chemical engineer, public official, or
foreigner.
c. Qualifying circumstance: Organizes, manages or acts
as financier
d. The protector or coddler is also liable.
6.
Illegal chemical diversion of controlled precursors and essential chemicals

a. Diverting controlled precursors and essential chemicals
designated for a legal purpose towards the
manufacture of illegal drugs.
7.
Manufacture or delivery of equipment, instrument, apparatus, or other

paraphernalia for dangerous drugs and/or controlled precursors and
essential chemicals
a. Acts punishable: delivery, possession with intent to
deliver, or manufacture with intent to deliver
b. Knowing, or under circumstances where one
reasonably should know that it will be used relative to
dangerous drugs or controlled precursor/essential
chemicals.
c. Maximum penalty if minor or mentally incapacitated
person was used to deliver such equipment.
8.
Possession of Dangerous Drugs

a. Possession in the following quantities, regardless of
purity
i. 10 grams or more: opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or marijuana resin oil,
or other dangerous drugs.
ii. 50 grams or more of shabu
iii. 500 grams or more of marijuana
b. If possession is less than the quantities above, penalty
is lowered.
ELEMENTS OF POSSESSION OF OPIUM

1.
Occupancy or taking
Page 31 of 114
2.
Intent to possess
2.
NOTE:
What is punished is present possession, not past possession
It is not necessary to allege in information that accused is not

authorized to possess opium
9.
Possession of equipment, instrument, apparatus, and other paraphernalia

for dangerous drugs
a. In case of medical practitioners or other professionals,
he/she must be following the implementing guidelines
issued by the Dangerous Drugs Board.
b. Possession is prima facie evidence that the possessor
has
smoked,
consumed,
administered
to
himself/herself, injected, ingested, or used a dangerous
drug.
c. Qualifying circumstance: Party, social gathering, or in
the proximate company of at least 2 persons.
10. Use of Dangerous Drugs

a. If person who has tested positive is also found in
possession of dangerous drugs, he should be
prosecuted under possession.
1st conviction minimum of 6 mos. of rehabilitation
2nd conviction imprisonment and fine
b. Where the accused is also found to be in possession
of dangerous drugs, this Section shall not apply. Sec.
11, possession of dangerous drugs, shall apply. Hence,
USE is subsumed by POSSESSION.
Ex. If the offender is caught with possession of paraphernalia,
possession of dangerous drugs and use of dangerous drugs,
the offense is POSSESSION of dangerous drugs.
11. Cultivation or Culture of plants classified as dangerous drugs or are

sources thereof
a.
b.
c.
In case of medical laboratories, maintainers and other

professionals must strictly follow the guidelines for the
proper cultivation, culture, handling, experimentation,
and disposal of such plants.
Land or greenhouses used shall be confiscated in favor
of the State, unless the owner proves lack of
knowledge of such cultivation or culture despite the
exercise of due diligence.
Maximum penalty is applied if land used was of the
public domain, or if one acted as an organizer,
manager, or financier.
12. Failure to maintain or keep original records of transactions on Dangerous

Drugs and/or controlled precursors and essential chemicals.
13. Unnecessary prescription of dangerous drugs.

a. Applicable to physicians or other medical practitioners authorized to
b.
prescribe medicine.
Prescription is unnecessary when physical or physiological condition
does not require the dosage prescribed.
14. Unlawful prescription of dangerous drugs

a. Applicable to anyone who makes or issues a prescription when he
b.
or she is not authorized by law to do so.

Whether the person for whom the prescription was made actually
needed the drug is irrelevant.
ATTEMPTS OF THE FOLLOWING SHALL BE PUNISHED BY THE SAME

PENALTY IMPOSED FOR THE CONSUMMATED FELONY
1.
Importation of any dangerous drug or controlled precursor and essential
3.
4.
5.
chemical
Sale, trading, administration, dispensation, delivery, distribution and
transportation of any dangerous drug and/or controlled precursor and
essential chemical
Maintenance of a den, dive, or resort where any dangerous drug is used
in any form
Manufacture of any dangerous drug and/or controlled precursor and
essential chemical
Cultivation or culture of plants which are sources of dangerous drugs.
PRESCRIPTION
1.
The period of prescription for the offense charged against a drug
dependent under the compulsory submission program shall not run during
the time that the drug dependent is under confinement in a Center or
otherwise under the treatment and rehabilitation program approved by the
board.
CONDITIONS FOR EXEMPTION FROM CRIMINAL LIABILITY UNDER THE
VOLUNTARY SUBMISSION PROGRAM
1. He/she has complied with the rules and regulations of the rehabilitation
center, including the rules of the after-care and follow-up program
2. He/she has never been charged or convicted of any offense punishable
under the Dangerous Drug Act, the RPC, or other special penal laws.
3. He/she has no record of escape from a center, or in the event of an
escape, he surrendered himself/herself within a week.
4. He/she poses no serious danger to himself/herself, his/her family or the
community by his/her exemption from criminal liability.
5. Other persons liable:
a. Public officer or employee who misappropriates,
misapplies or fails to account for confiscated, seized, or
surrendered dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential
chemicals, instruments/paraphernalia and/or laboratory
equipment including the proceeds or properties
obtained from the unlawful acts.
b. Any elective local or national official who have
benefited from the proceeds of trafficking of dangerous
drugs or have received any financial/material
contributions or donations from natural or juridical
persons guilty of drug trafficking.
c. If the violation of the Act is committed by a partnership,
corporation, association or any judicial person, the
partner, president, director, or manager who consents
to or knowingly tolerates such violation shall be held
criminally liable as co-principal.
d. Any person who is found guilty of planting any
dangerous drugs and/or controlled precursor and
essential chemicals, regardless of quantity or purity
(penalty of death).
e. Any person violating a regulation issued by the
Dangerous Drugs Board
f. Any person authorized to conduct drug test who issues
false or fraudulent drug test results knowingly, wilfully or
through gross negligence.
g. Any government officer tasked with the prosecution of
drug-related cases under this Act who delays or
bungles the prosecution.
NOTE:
All school heads, supervisors and teachers shall be deemed to be

persons in authority and, as such, are vested with the power to
apprehend, arrest, or cause the apprehension or arrest of any person who
shall violate any of the said provision.
They shall be considered as persons in authority if they are in the school

or within its immediate vicinity, or beyond such immediate vicinity if they
are in attendance in any school or class function in their official capacity
Page 32 of 114
as school heads, supervisors or teachers.

Any teacher or school employee who discovers or finds that any person in
the school or within its immediate vicinity is violating this Act shall have the
duty to report the violation to the school head or supervisor who shall, in
turn, report the matter to the proper authorities.
Fa
ilure to report in either case shall, after hearing, constitute sufficient cause
for disciplinary action by the school authorities. (Sec. 44)
5. CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
Page 33 of 114
===========================================================================
=========
Crimes Against Public Morals
===========================================================================
=========
P.D. 1602. PRESCRIBING STIFFER PENALTIES IN ILLEGAL GAMBLING
(Repealed Art. 195-199 RPC, PD 483 Betting Law, and PD 449 Cockfighting Law insofar as they are inconsistent with it).
===========================================================================
=========
TOPICS UNDER THE SYLLABUS:
PD 449
Chapter 1: Gambling and Betting
Chapter 2: Offenses Against Decency and Good
PD 1602
Customs
RA 9287
PD 1563
PD 483
===========================================================================
=========
==============
Chapter 1: Gambling and Betting
==================================
==================================
PENALTY
Prision
correccional,
medium or fine
ranging
from
P1,000 to P6,000
In
case
of
recidivism: Prision
mayor, medium or
fine ranging from
P5,000 to P10,000
Prision
correccional
maximum, fine of
P6,000
Prison
mayor,
medium,
with
temporary
absolute
disqualification or
fine of P6,000
Prision
correccional
medium or fine
P400 to P2,000
Temporary
absolute
disqualification
ACTS PUNISHABLE
1. Any person who shall directly or indirectly takes part in any illegal or
unauthorized activities or games of:
a. Cockfighting, jueteng, jai-alai or horse racing to include bookie operations
and game fixing, numbers, bingo and other forms of lotteries
b. Cara y cruz, pompiang and the like
c.
7-11 and any game using dice
d. Black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajo,
pangguigue and other card games
e. Pak que, high and low, mahjong, domino and other games using plastic
tiles and the like
f.
Slot machines, roulette, pinball and other mechanical contraptions and
devices
g. Dog racing, boat racing, car racing and other forms of races
h. Basketball, boxing, volleyball, bowling, pingpong and other forms of
individual or team contests to include game fixing, point shaving and
other machinations
i.
Banking or percentage game, or any other game or scheme, whether
upon chance or skill, wherein wagers consisting of money, articles of
value or representative of value are at stake or made
2. Any person who knowingly permits any form of gambling in an inhabited or
uninhabited place or in any building, vessel or other means of transportation
owned or controlled by him
1. Any person who shall knowingly permit gambling in a place with reputation of
a gambling place, or that prohibited gambling is frequently carried on therein,
or in a public or government building or barangay hall
2.
Maintainer or conductor of above gambling schemes
If maintainer, conductor, banker of gambling schemes; player, promoter,
referee, umpire, judge or coach in case of game fixing, point shaving and
machination is a government official
Any person who knowingly and without lawful purpose possess lottery list,
paper or other matter containing letters, figures, signs or symbols
pertaining to or in any manner used in the games of jueteng, jai-alai or
horse racing bookies, and similar games of lotteries and numbers which
have taken place or about to take place
Barangay official who with knowledge of existence of gambling house/place in
his jurisdiction fails to abate or take action
==============
GAMBLING any game or scheme, whether upon chance
or skill wherein wagers consisting of money, articles or
value or representative of value are at stake or made
MAINTAINER person who sets up and furnishes the
means with which to carry on the gambling game or
scheme
CONDUCTOR person who manages or carries on the
gambling game or scheme
NOTE:
1. In PD 1602, playing for money is not a necessary
element to the game for one to commit a crime.
When the law names the games, punishing any
person who takes part therein, its purpose is to
prohibit absolutely those games.
2. A mere bystander or spectator is not criminally liable
because he does not directly or indirectly take part.
3. A game or scheme is punishable even if winning
depends upon skill as long as wagers (consisting of
money, articles of value or representative of value)
are at stake or made.
4. Proof that game took place or is about to take place
is not necessary; burden of evidence is shifted to
accused to show that his possession is lawful or is
not connected with jueteng game; but proof to the
contrary by prosecution is necessary when jueteng
lists pertain to games played on dates other than the
date of the raid.
5. PD 519 has outlawed pinball and slot machines and
other similar devices and nullified all permits and/or
licenses to operate the same.
ELEMENTS KNOWINGLY PERMITTING GAMBLING
TO BE CARRIED ON IN A PLACE OWNED OR
CONTROLLED BY THE OFFENDER:
1. That a gambling game was carried on in an
inhabited or uninhabited place or in any building,
vessel or other means of transportation.
2. That the place, building, vessel or other means of
transportation is owned or controlled by the
offender.
3. That the offender permitted the carrying on of
such game, knowing that it is a gambling game.
LOTTERY Scheme for the distribution of prizes by
chance among persons who have paid, or agreed to pay a
valuable consideration for the chance to obtain a prize.
ELEMENTS LOTTERY:
11 Consideration
11 Chance
11 Prize/advantage/inequality in amount or value which
is in the nature of prize
NOTE: In a criminal case (Olsen)24, there is no lottery
where a person gets the full value for his money, and the
winning of price is merely incidental. But in a civil case
(El Debate)25, if the inducement to win prize is the
reason for the purchase then even if full value for money
24
is received, it is still lottery.

ILLEGAL NUMBER GAMES any form of illegal
gambling activity which uses numbers or combinations
thereof as factors in giving out jackpots/prizes/returns. It
includes games such as jueteng and masiao.
NOTE: R.A. 9287 increased penalties for illegal number
games, amending certain provisions of PD 1602.
R.A. 9287
ACT INCREASING THE PENALTIES FOR ILLEGAL
NUMBERS GAMES
PARTICIPATION
Acts as Bettor
Acts as personnel or staff
Allows his vehicle, house,
building or land to be
used in such operation
Acts as collector or agent
Acts as coordinator,
controller or supervisor
Acts as maintainer,
manager or operator
Acts as financier or
capitalist
Acts as financier or
coddler
GOVERNMENT
OFFICIAL AND/OR
EMPLOYEE
If collector, agent;
coordinator, controller,
supervisor; maintainer,
manager, operator,
financier or capitalist
Local Government Official:
Having knowledge of
existence of the operation
within his jurisdiction but
fails to abate or take
action, or tolerates the
same
Law Enforcer: Fails to
apprehend perpetrators
PENALTY:
IMPRISONMENT
30 90 days
6 yrs and 1 day 8 yrs
PENALTY
1. 12 yrs and 1 day 20

yrs
2. Fine: P 3M P5M
3. Perpetual and absolute
disqualification from
public office
Perpetual and absolute
disqualification from public
office
Administrative Penalty:
Suspension or Dismissal
ART. 196. IMPORTATION, SALE AND POSSESSION OF

LOTTERY TICKETS OR ADVERTISEMENTS
ACTS PUNISHABLE:
1. By importing into the Philippines from any foreign
place or port any lottery ticket or advertisement.
2. By selling or distributing the same in connivance
with the importer.
3. By possessing, knowingly and with intent to
use, lottery tickets or advertisements.
4. By selling or distributing the same without
connivance with the importer.
NOTES:
25
US v. Olsen 36 Phil. 395
El Debate v. Topacio 44 Phil. 280
The possession of any lottery ticket or advertisement

is prima facie evidence of intent to sell, distribute or
use the same.
The lottery tickets need not be genuine, as long as
they have the appearance thereof.
P.D. No. 483
BETTING, GAME-FIXING OR POINT-SHAVING AND
MACHINATIONS IN SPORT CONTESTS
(Repealed Art. 197)
BETTING betting money or any object or article of value

or representative of value upon the result of any game,
races and other sports contests
GAME-FIXING any arrangement, combination, scheme
or agreement by which the result of any game, races or
sports contests shall be predicted and/or knows other
than on the basis of the honest playing skill or ability of
the players or participants
POINT-SHAVING any such arrangement, combination,
scheme or agreement by which the skill or ability of any
player or participant in a game, races or sports contests to
make points or scores shall be limited deliberately in order
to influence the result thereof in favor of one or the other
team, player or participant therein
GAME MACHINATION any other fraudulent, deceitful,
unfair or dishonest means, method, manner or practice
employed for the purpose of influencing the result of any
game, races or sports contests
2.
3.
4.
5.
Legal Holidays
During local fiestas for not more than 3 days
Provincial, city or municipal agriculture, commercial
or industrial fair, carnival or exposition for a similar
period of three days upon resolution, subject to
approval of Chief of Constabulary or his authorized
representativenot allowed within month of local
fiesta of for more than two occasions a year in same
city or municipality
EXCEPT: December 30, June 12, November 30, Holy
Thursday, Good Friday, Election or Referendum Day
and during Registration Days for such election or
referendum
COCKFIGHTING FOR ENTERTAINMENT OF TOURISTS

OR FOR CHARITABLE PURPOSES: Chief of Constabulary
or his authorized representative may also allow the
holding of cockfighting for:
Entertainment of foreign dignitaries
Tourists
Balikbayan
For support of national fund-raising campaigns for
charitable purposes as may be authorized by the
Office of the President, upon resolution of a provincial
board, city or municipal council
NOTE:
1. Permitting gambling of any kind in cockpit is punished
2.
3.
under the same Decree (Owner, manager or lessee of

cockpit that permits gambling shall be criminally
liable)
Spectators in cockfight are not liable unless he
participates as bettor.
Betting in Horse Races is allowed during periods
provided by law but betting in cockfights is prohibited
at all times.
ART. 198. ILLEGAL BETTING ON HORSE RACES

ACTS PUNISHED: (DURING PERIODS NOT ALLOWED
BY LAW)
1. By betting on horse races
2. By maintaining or employing a totalizer or other
device or scheme for betting on races or realizing
profit therefrom.
==================================
==============
Chapter 2: Offenses Against Decency and Good
Customs
==================================
==============
TOTALIZER machine for registering and indicating the

number and nature of bets made on horse races.
ART. 200. GRAVE SCANDAL
NOTE:
The penalty is higher for a person who employs a

totalizer or other device.
Horse races are not allowed on: (a) June 12th of each
year, (b) Dec 30th of each year, (c) Any registration
or voting days and (d) Holy Thursday and Good
Friday.
The race held on the same day and at the same

place is punishable as a separate offense.
No liability if there is no betting or use of totalizer.

P.D. 449
COCKFIGHTING LAW of 1974
(Repealed Art. 199)
HOLDING OF COCKFIGHTS Cockfighting shall be
allowed only in licensed cockpits during:
1. Sundays
ELEMENTS:
1. That the offender performs an act/s;
2. That such act/s be highly scandalous as offending
against decency or good customs;
3. That the highly scandalous conduct does not
expressly fall within any other article of the RPC;
and
4. That the act/s complained of be committed in a
public place or within the public knowledge or
view.
GRAVE SCANDAL consists of acts which are offensive
to decency and good customs which, having been
committed publicly and thus, give rise to public scandal
to persons who have accidentally witnessed the acts.
DECENCY propriety of conduct; proper observance of
the requirement of modesty, good taste, etc.
CUSTOMS
established
usage,
social
conventions
carried on by tradition and enforced by social disapproval

of any violation thereof
NOTE:
The public view is not required. It is sufficient if
committed in public place.
For being committed within the public knowledge, it
may occur even in a private place; the number of
people who sees it is not material, except when seen
by only one other person at night, thus negating the
degree of publicity required.
The essence of grave scandal is publicity and that
the acts committed are not only contrary to morals
and good customs but must likewise be of such
character as to cause public scandal to those
witnessing it.
ART.
201.
IMMORAL
DOCTRINES,
OBSCENE
PUBLICATIONS AND EXHIBITIONS AND INDECENT
SHOWS
PERSONS LIABLE:
1. Those who publicly expound or proclaim
doctrines openly contrary to public morals.
2. Authors of obscene literature, published with their
knowledge in any form.
3. Editors publishing such obscene literature.
4. Owners or operators of establishments selling
obscene literature.
5. Those who exhibit indecent or immoral plays,
scenes, acts or shows in theaters, fairs, cinemas or
any other place.
6. Those who sell, distribute, or exhibit prints,
engraving, sculptures or literature, which are
offensive to morals.
OBSCENE LITERATURE OR IMMORAL OR INDECENT
PLAYS, SCENES OR ACTS:
1. Those w/c glorify criminals or condone crimes;
2. Those w/c serve no other purpose but to satisfy the
market for violence, lust or pornography;
3. Those w/c offend against any race or religion;
4. Those w/c tend to abet the traffic and the use of
prohibited drugs; and
5. Those that are contrary to law, public order, morals,
good customs, established policies, lawful orders,
decrees and edicts.
purposes fall within this article.

The author of obscene literature is liable only when it
is published with his knowledge. And in every case,
the editor publishing it, is liable.
The purpose of the law in punishing obscene
publications and exhibitions is to protect the morals
of the public.
ART. 202. VAGRANTS AND PROSTITUTES

Note: R.A. 10158 has decriminalaized vagrancy by
amending Art. 202 to punish prostituties only. Upon
effectivity, all pending cases shall be dismissed, and all
those serving time for vagrancy shall be released.
PROSTITUTES Women who habitually indulge in (1)
sexual intercourse or (2) lascivious conduct, for money or
profit.
SITUATION
If fenced and with
prohibition of entry
If fenced and entered to
hunt/fish
If not fenced and with no
prohibition of entry
CRIME
Trespass To Dwelling
Attempted Theft
Vagrancy
P.D. 1563.
MENDICANCY LAW OF 1978
PERSONS LIABLE:
1. MENDICANT Those with no visible and legal means
of support, or lawful employment and physically able
to work but neglects to apply himself to lawful calling
and instead uses begging as means of living (higher
penalty if convicted 2 or more times)
2. Any person who abets mendicancy by giving alms
on public roads, sidewalks, parks and bridges except
if given through organized agencies operating under
regulations of Ministry of Public Information
TEST OF OBSCENITY:
Whether the tendency of the matter has a tendency to
deprave or corrupt those whose minds are open to such
immoral influences. A matter can also be considered
obscene if it shocks the ordinary and common sense of
men as indecency.26
NOTE:
1. Giving alms through organized agencies operating
under the rules and regulations of the Ministry of
Public Information is not a violation of the Mendicancy
Law.
2. A vagrant without visible means of support may
become a mendicant if he uses begging as a means
of living.
3. Under R.A. 9344 persons below eighteen (18)
years of age shall be exempt from prosecution for
the crime of vagrancy and prostitution under Section
202 of the Revised Penal Code, of mendicancy under
Presidential Decree No. 1563, and sniffing of rugby
under Presidential Decree No. 1619, such prosecution
being
inconsistent
with
the
United
Nations
Convention on the Rights of the Child.
OBSCENE something offensive to chastity, decency or

delicacy

6. CRIMES AGAINST PUBLIC MORALS
NOTE:
Publicity is an essential element.
Mere nudity in paintings and pictures is not obscene.

Pictures w/ slight degree of obscenity having no
artistic value and being intended for commercial
26
US v. Kottinger, 45 Phil. 352
==================================
=====
7. Crimes Committed by Public Officers
=================================

Chapter 1: Preliminary Provisions
Chapter 2: Malfeasance and Misfeasance in Office
Sec. 1 Dereliction of Duty
Sec. 2 Bribery
RA 3019
RA 7080
RA 9372
Chapter 3: Frauds and Illegal Exactions and
Transactions
Chapter 4: Malversation of Public Funds or
Property
Chapter 5: Infidelity of Public Officers
Sec. 1 Infidelity in the custody of prisoners
Sec. 2 Infidelity in the custody of document
Sec. 3 Revelation of secrets
Chapter 6: Other Offenses or Irregularities by
Public Officers
Sec. 1 Disobedience, refusal of assistance, and
maltreatment of prisoners
Sec. 2 Anticipation, prolongation and
abandonment of the duties and powers of
public office
Sec. 3 Usurpation of powers and unlawful
appointments
Sec. 4 Abuses against chastity
==================================
=============
Chapter 1: Preliminary Provisions
==================================
=============
ART. 203. WHO ARE PUBLIC OFFICERS
REQUISITES:
To be a public officer, one must be 11 Taking part in the performance of public functions in
the Government, or performing public duties as an
employee, agent or subordinate official, of any rank
or class, in the government or any of its branches;
and
11 That his authority to take part in the performance of
public functions or to perform public duties must be By direct provision of the law, or
By popular election, or
By appointment by competent authority.
NOTE:
Public officers include every public servant from

the lowest to the highest rank provided that they
exercise public functions.
A government laborer is not a public officer.

However, temporary performance by a laborer of
public functions makes him a public officer.
==================================
==============
Chapter 2: Malfeasance and Misfeasance in Office
==================================
==============
MALFEASAN
CE
MISFEASANC
E
NONFEASAN
Performance of some act which

ought not to be done
Improper performance of some act
which might lawfully be done
Omission of an act which ought to
CE
be performed
MISFEASANCE:
1. Knowingly rendering unjust judgment
2. Rendering judgment through negligence
3. Rendering unjust interlocutory order
4. Malicious delay in the administration of justice
NONFEASANCE:
1. Dereliction of duty in prosecution of offenses
MALFEASANCE:
1. Direct bribery
2. Indirect bribery
SECTION 1. DERELICTION OF DUTY
ART. 204. KNOWINGLY
JUDGMENT
RENDERING
AN
UNJUST
ELEMENTS:
1. That the offender is a judge;
2. That he renders a judgment in the case submitted
to him for decision;
3. That the judgment is unjust; and
4. That the judge knows that the decision is unjust.
NOTE:
A judgment is a final consideration and

determination by a court of competent jurisdiction of
the issues submitted to it in an action or proceeding.
An unjust judgment is one which is

contrary to law, or not supported by the evidence, or
both.
No liability if error in good faith
An unjust judgment may result from:

1. Error (w/ bad faith)
2. Ill-will or revenge
3. Bribery
There must be evidence that the decision

rendered is unjust. It is not presumed.
Abuse of discretion or mere error of

judgment cannot likewise serve as basis for
rendering an unjust judgment in the absence of proof
or an allegation of bad faith.
ART.
205.
NEGLIGENCE
JUDGMENT
RENDERED
THROUGH
ELEMENTS:
2. That he renders judgment in a case submitted to
him for decision;
3. That the judgment is manifestly unjust; and
4. That it is due to inexcusable negligence or
ignorance.
MANIFESTLY UNJUST JUDGMENT manifestly contrary
to law that even a person having meager knowledge of
law cannot doubt the injustice.
ART. 206. UNJUST INTERLOCUTORY ORDER
ELEMENTS:
1. That the offender is a judge; and
2. That he performs any of the following acts:

a. Knowingly renders an unjust interlocutory
order or decree, or
a
manifestly
unjust
interlocutory order or decree through
inexcusable negligence or ignorance.
b. Renders
INTERLOCUTORY ORDER - one issued by the court

deciding a collateral or incidental matter; it is not a final
determination of the issues of the action or proceeding
ART.
207.
MALICIOUS
ADMINISTRATION OF JUSTICE
DELAY
IN
THE
ELEMENTS:
2. That there is a proceeding in his court;
3. That he delays the administration of justice; and
4. That the delay is malicious, that is, the delay is
caused by the judge with deliberate intent to inflict
damage on either party in the case.
6.
If gift/promise is a consideration for his conduct,

crime is direct bribery.
ART. 209. BETRAYAL OF TRUST BY AN ATTORNEY OR

SOLICITOR REVELATION OF SECRETS
ACTS PUNISHABLE:
1. Causing damage to client either
a. By any malicious breach of professional
duty, or
b. By inexcusable negligence or ignorance.
- Damage is necessary
2. Revealing any of the secrets of his client
learned by him in his professional capacity.
- Damage is NOT necessary.
3. Undertaking the defense of the opposing party in
the same case, without the consent of his 1st client,
after having undertaken the defense of a client or
having received confidential information from said
client.
SECTION 2. BRIBERY
NOTE: Mere delay without malice is not punishable.
ART. 210. DIRECT BRIBERY
ART.
208.
PROSECUTION
NEGLIGENCE AND TOLERANCE
ACTS PUNISHABLE:
1. By agreeing to perform, or by performing, in
consideration of any offer, promise, gift or presentan act constituting a crime, in connection with the
performance of his official duties
Acceptance of the offer or promise is
enough to consummate the crime. If the
offer is not accepted, only the person
offering the gift is liable for attempted
corruption of a public officer.
gift must have a value or be capable of
pecuniary estimation. It could be in the form
of money, property or services.
2. By accepting a gift in consideration of the execution
of an act which does not constitute a crime in
connection with the performance of his official duty
3. By agreeing to refrain, or by refraining, from
doing something which it is his official duty to
do, in consideration of a gift or promise
OF
OFFENSES;
ACTS PUNISHABLE:
By
maliciously
refraining
from
instituting
prosecution against violators of the law
By maliciously tolerating the commission of

offenses
ELEMENTS OF DERELICTION OF DUTY IN THE
PROSECUTION OF OFFENSES:
1. That the offender is a public officer or officer of the
law who has a duty to cause the prosecution of, or to
prosecute offenses;
2. That there is dereliction of the duties of his office,
that is, knowing the 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. That the offender acts with malice and deliberate
intent to favor the violator of the law.
NOTE:
1. PREVARICACION is the negligence and tolerance in
the prosecution of an offense.
2. There must be a duty on the part of the public officer
to prosecute or move for the prosecution of the
offender. However, a fiscal is under no compulsion to
file an information based upon a complaint if he is
convinced that the evidence before him is insufficient
to warrant filing an action in court.
3. The crime must be proved first before an officer can
be convicted of dereliction of duty. If the guilt of the
law-violator is not proved, the person charged with
the dereliction of duty is not liable.
4. Maliciously signifies deliberate evil intent; a
dereliction of duty caused by poor judgment or
honest mistake is not punishable.
5. A public officer who harbors, conceals, or assists in
the escape of an offender, when it is his duty to
prosecute him, is liable as principal in the crime of
dereliction of duty in the prosecution of offenses. He
is not an accessory.
ELEMENTS:
1. That the offender be a public officer;
2. That the offender accepts an offer or promise or
receives a gift or present by himself or through
another;
3. That such offer or promise be accepted or
gift/present received by the public officer a.With a view to committing some crime; OR
b.In consideration of an execution of an act which
does not constitute a crime, but the act must
be unjust; OR
c. To refrain from doing something which is his
official duty to do;
4. That the act which the offender agrees to perform or
which he executes be connected with the
performance of his official duties.
TEMPORARY PERFORMANCE OF PUBLIC FUNCTIONS
MAKE THE PERSON A PUBLIC OFFICER
For purposes of this article, temporary performance of
public functions is sufficient to constitute a person a
public officer. A private person may commit this crime
only in the case in which custody of prisoners is entrusted

to him
BRIBERY EXISTS WHEN THE GIFT IS:
1.
Voluntarily offered by a private person
2.
Solicited by the public officer and
voluntarily delivered by the private person
3.
Solicited by the public officer but the
private person delivers it out of fear of the
consequences should the public officer perform his
functions. The crime by the giver is not corruption of
public officials due to his involuntariness.
DIRECT BRIBERY, 3RD
PREVARICACION
Par.
Both consist of omissions to do an act required to be
performed.
A gift or promise is
Not necessary
given in consideration of
the omission
ADDITIONAL ELEMENT
FOURTH ELEMENT: The act which the public officer
agrees to perform must be connected with the
performance of official duties. It is enough that the
act is part of the established procedure of a governmental
agency.
BRIBERY (ART. 210)
When
the
victim
has
committed a crime and gives
money/gift to avoid arrest or
prosecution.
Victim parts with his money
or property voluntarily.
ROBBERY (ART.
294)
When the victim did not
commit a crime and he is
intimidated with arrest
and/or prosecution to
deprive
him
of
his
personal property.
Victim is deprived of his
money or property by
force or intimidation.
ART. 211. INDIRECT BRIBERY

ELEMENTS:
1. That the offender is a public officer;
2. That he accepts gifts; and
3. That the said gifts are offered to him by reason of
his office.
NOTE:
The article uses the words gift and not

promise, and accept, not just receive.
The gift is given in anticipation of future favor
from the public officer.
There must be clear intention on the part of the
public officer to take the gift offered and consider the
property as his own for that moment. Mere physical
receipt unaccompanied by any other
sign,
circumstance or act to show such acceptance is not
sufficient to convict the officer.
There is no attempted or frustrated indirect
bribery.
DIRECT BRIBERY
INDIRECT BRIBERY
In both, public officer receives a gift.
There is an agreement
Usually no such agreement.
between the public officer
and the giver.
Officer agrees to perform or

refrain from doing an act.
Not necessary that the

officer do an act, as long as
he accepts gifts by reason of
his office.
ART. 211-A. QUALIFIED BRIBERY

ELEMENTS:
That the offender is a public officer entrusted with

law enforcement;
That he refrains from arresting/ prosecuting an

offender for crime punishable by reclusion
perpetua and/or death and
In consideration of any offer, promise or gift.

ART. 212. CORRUPTION OF PUBLIC OFFICIALS
ELEMENTS:
That the offender makes offers or promises or

gives gifts or presents to a public officer; and
That 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.
NOTE:
The offender is the giver of the gift or the offeror

of the promise. The act may or may not be
accomplished.
Under PD 749, givers of bribes and other gifts

as well as accomplices in bribery and other graft
cases are immune from prosecution if they
voluntarily give any information about any
commission of direct, indirect, and qualified bribery,
and any corruption of public officials, provided that:
1. The information must refer to consummated
violations of any of the above-mentioned
provisions of law, rules and regulations
2. Information and testimony are necessary for
the conviction of the accused public officer,
3. Such information and testimony are not in
possession of the State.
4. Such information and testimony can be
corroborated on its material points
5. Informant or witness has not been
previously convicted of a crime involving
moral turpitude
R.A. NO. 3019
ANTI-GRAFT AND CORRUPT PRACTICES ACT
PUBLIC OFFICER - 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
RECEIVING ANY GIFT - includes the act of accepting
directly or indirectly a gift from a person other than a
member of the public officer's immediate family, in behalf
of himself or of any member of his family or relative within
the fourth civil degree, either by consanguinity or affinity,
even on the occasion of a family celebration or national
festivity like Christmas, if the value of the gift is under the
circumstances manifestly excessive.
PERSONS LIABLE:
1. Any public officer who shall perform any of the

following acts:
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.
NOTE: Persuasion need not be successful. The gravamen
of the offense is the persuasion.
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 party 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.
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.
NOTE: The act is mala prohibita.
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
function 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.
NOTE:
The best defense is that the partiality was

not manifest. That the partiality is manifest is a heavy
burden on the prosecution. (Justice Peralta).
Another defense is the Arias doctrine27. The
defense applies in a case where the accused is an
approving officer and is on trial for signing an unjust
contract.
The defense is that the approving officer relied

on the prior signatures of his subordinates and
had no reason to suspect wrong-doing and was
swamped with a lot of documents on that day
that he signed.
There is no attempted or frustrated stage of
the crime defined in Sec. 3(e) of R.A. No. 3019.
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
27
Arias v. Sandiganbayan, 180 SCRA 309 (1989)
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.
NOTE: In determining whether the contract was
manifestly and grossly disadvantageous, it is not merely
consideration of the pecuniary amount involved. (Justice
Peralta)
h. Directly or indirectly having financial or pecuniary
interest in any business, contract or transaction in
connection with which he intervenes or take part in his
official capacity, or in which he is prohibited by the
constitution or by any law from having any interest.
NOTE:
Actual intervention is required.

Under the Code of Professional Conduct, the
public officer MUST divest his 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 transactions 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.
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.
2. Any person having family or close personal relation
with any public official who shall 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 person
having
some
business, transaction,
application, request, or contract with the government in
which such public official has to intervene (Sec. 4)
3. Any person who shall knowingly induce or cause any
public official to commit any of the offenses under (A).
(Sec. 4)
4. Spouse or any relative, by consanguinity or affinity,
within the 3rd civil degree, of the President of the
Philippines, the Vice-President, the President of the
Senate, or Speaker of the House of Representatives, who

shall intervene, directly or indirectly, in any business
transaction, contract or application with the government.
NOTE (EXCEPTIONS):
This prohibition shall NOT apply to:
1. Any person who, prior to the assumption of office of
any of the above officials to whom he is related, has been
already dealing with the government along the same
line of business or any transaction, contract or application
already existing or pending at the time of such
assumption of public office;
2. Any application filed by him, the approval of which is
not discretionary on the part of the official(s) concerned
but depends upon compliance with requisites provided by
law, or rules or regulations issued pursuant to law;
3. Any act lawfully performed in an official capacity or in
the exercise of a profession. (Sec. 5)
4. Any member of Congress, during the term for which he
has been elected, who shall acquire or receive any
personal pecuniary interest in any specific business
enterprise which shall be directly and particularly
favored or benefited by any law or resolution
authored by him previously approved or adopted by
Congress during his term.
5. Any public officer who recommended the initiation in
Congress of the enactment or adoption of any law or
resolution and acquires or receives such interest during
his incumbency.
NOTE: Unlawful for such member of Congress or other
public officer, who, having such interest prior to the
approval of such law or resolution authored or
recommended by him, continues for 30 days after such
approval to retain such interest.
6. Any public officer who shall fail to file a true, detailed
and sworn statement of assets and liabilities (SALN)
within 30 days after assuming office and thereafter on or
before the 15th day of April following the close of every
calendar year, as well as upon the expiration of his term
of office, or upon his resignation or separation from office
(Sec. 7).
Prima facie evidence of and dismissal due to
unexplained wealth (Sec. 8)
1.
2.
3.
If 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.
Properties in the name of the spouse and
dependents of such public official may be taken into
consideration, when their acquisition through
legitimate means cannot be satisfactorily shown.
Bank deposits in the name of or manifestly
excessive expenditures incurred by the public official,
his spouse or any of their dependents including but
not limited to activities in any club or association or
any ostentatious display of wealth including frequent
travel abroad of a non-official character by any public
official when such activities entail expenses evidently
out of proportion to legitimate income.
NOTE: Competent court is the Sandiganbayan (Sec. 10).

GENERAL RULE:
11).
Prescriptive period is 15 years (Sec.
EXCEPTIONS: Unsolicited gifts or presents of small or

insignificant value offered or given as a mere ordinary
token of gratitude of friendship according to local customs
or usage, shall be excepted from the provisions of this act
(Sec. 14).
NOTE:
- No public officer shall be allowed to resign or retire
pending an investigation.
- Suspension while pending in court after valid
information (cannot be automatic), and loss of benefits if
convicted by final judgment; maximum duration of
preventive suspension is 90 days; acquittal
reinstatement and salaries and benefits which he failed to
receive
- The courts are not bound by the statement of assets and
liabilities filed.
- Penalty of forfeiture cannot be applied retroactively.
==================================
===============
Chapter 3: Frauds and illegal transactions and
exactions
==================================
===============
ART. 213. FRAUDS AGAINST THE PUBLIC TREASURY
AND SIMILAR OFFENSES
A. FRAUDS AGAINST PUBLIC TREASURY
ELEMENTS:
1. That the offender be a public officer;
2. That he should have taken advantage of his office,
that is, he intervened in the transaction in his
official capacity;
3. That he entered into an agreement with any
interested party or speculator or made use of any
other scheme with regard to (a) furnishing supplies
(b) the making of contracts, or (c) the adjustment or
settlement of account relating to a public property
or funds; and
4. That the accused had intent to defraud the
government.
NOTE:
The public officer must act in his official capacity.
The felony is consummated by merely

entering into an agreement with any interested
party or speculator or by merely making use of
any scheme to defraud the Government.
B. ILLEGAL EXACTIONS
ELEMENTS:
The offender is a public officer entrusted with the

collection of taxes, licenses, fees and other imposts;
and
That he is guilty of any of the following acts or

omissions;
a. Demanding, directly or indirectly the
payment of sums different from or larger
than those authorized by law, or
b. Failing voluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially, or
c. Collecting or receiving, directly or
indirectly, by way of payment or otherwise,
things or objects of a nature different from

that provided by law.
NOTE:
Mere demand of a larger or different amount is

sufficient to consummate the crime. The essence is
the improper collection and damage to the
government is not required.
If sums are received without demanding the

same, a felony under this article is not committed.
However, if the sum is given as a sort of gift or
gratification, the crime is indirect bribery.
When there is deceit in demanding larger fees,

the crime committed is estafa.
This
felony
may
be
complexed
with
malversation. Ex. A tax collector who collected a
sum larger than that authorized by law and spent all
of them is guilty of two crimes, namely: (1) illegal
exaction, for demanding a greater amount; and (2)
malversation for misappropriating the amount
collected.
Officers and employees of the BIR or Customs

are not covered by this article, since they are
covered by the NIRC or the Administrative Code.
NOTE:
Actual fraud is not necessary.

Intervention must be by virtue of public office
held.
Act is punished because of the possibility that
fraud may be committed or that the officer may
place his own interest above that of the Government
or of the party which he represents.
Constitutional prohibitions exist
Congress: cannot personally appear as counsel;,
cannot be interested financially in any franchise
or special privilege granted by government;
cannot intervene in any matter before office of
Government
Executive cannot hold any other office
Constitutional Commissions cannot hold any
other office, or engage in practice of profession
or management of business, or be financially
interested
in
a
contract
with
or
franchise/privilege by the government
ART. 214. OTHER FRAUDS

ELEMENTS:
2. That he takes advantage of his official position;
and
3. That he commits any of the frauds or deceits
enumerated in art. 315 and 316. (estafa, swindling)
NOTE: The penalty under this Article is in addition to the
penalties prescribed in the articles violated
ART 215. PROHIBITED TRANSACTIONS
ELEMENTS:
That the offender is an appointive public officer;
That he becomes interested, directly or indirectly, in
any transaction of exchange or speculation;
That the transaction takes place within the
territory subject to his jurisdiction; and
That he becomes interested in the transaction during
his incumbency.
NOTE:
The transaction must be of exchange or

speculation.
Examples of transactions of exchange or

speculation
are
buying
and
selling
stocks,
commodities, land, etc. wherein one hopes to take
advantage of an expected rise or fall in price for
gain or profit and not merely as investment
Purchasing of stocks or shares in a company is

simple investment and not a violation of the article.
However, regularly buying securities for resale is
speculation.
ART. 216. POSSESSION OF PROHIBITED INTERESTS
BY A PUBLIC OFFICER
PERSONS LIABLE:
Public officer who became interested in any contract

or business in which it is his official duty to intervene.
Experts, arbitrators and private accountants who
took part in any contract or transaction connected
with the estate or property in the approval,
distribution or adjudication of which they had acted.
Guardians and executors with respect to property
belonging to their wards or the estate.
R.A. 7080
AN ACT DEFINING AND PENALIZING THE CRIME OF
PLUNDER
ILL-GOTTEN WEALTH: Any asset, property, business
enterprise or material possession of any person 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:
11
Through
misappropriation,
conversion,
misuse or malversation of public funds or raids on the
public treasury.
11
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;
11
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;
11
By obtaining, receiving or accepting, directly
or indirectly, any shares of stock, equity or any other form
of interest or participation, including the promise of
future employment in any business enterprise or
undertaking.
11
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;
11
By taking undue advantage of official
position, authority, relationship, connection or influence to
unjustly enrich himself or themselves at the expense and
to the damage or prejudice of the Filipino people and the
Republic of the Philippines.
PLUNDER IS A CRIME OF MALUM IN SE
Plunder is a crime of malum in se because the constitutive
crimes are mala in se. The elements of mens rea must be
proven in a prosecution for plunder. The legislative
declaration in R.A. 7659 that plunder is a heinous offense
implies that it is malum in se. For when the acts punished
are inherently immoral or inherently wrong, they are mala
in se and it does not matter that such acts are punished in
a special law.
PERSONS LIABLE:
A.
Any public officer who, by himself or in

connivance with members of his family, relatives by affinity
or consanguinity, business associates and subordinates or
other persons, amasses, accumulates, or acquires illgotten wealth through a combination or series of overt or
criminal acts as described under above in the aggregate
amount or total value of at least 50 MILLION PESOS, shall
be guilty of the crime of plunder (as amended by RA 7659).
B.
Any person who participated with the said
public officer in the commission of plunder.
JURISDICTION: Sandiganbayan
RULE OF EVIDENCE: For purposes of establishing the
crime of plunder, it shall not be necessary to prove each
and every criminal act done, it being sufficient to establish
beyond reasonable doubt a pattern of overt or criminal
acts indicative of the overall unlawful scheme or
conspiracy.
PRESCRIPTION: 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.
COMBINATION, refers to at least two (2) acts falling
under different categories of enumeration provided in sec.
1, par. (d).
Example: raids on the public treasury in sec. 1, par. (d),
and fraudulent conveyance of assets belonging to the
national government under sec. 1 par. (d), subpar. (3).
SERIES refer to two (2) or more overt or criminal acts
falling under the same category of enumeration found in
sec. 1, par. (d), say, misappropriation, malversation and
raids on the public treasury, all of which falls under sec. 1,
par. (d), subpar. (1). Verily, had the legislature intended a
technical or distinctive meaning for combination and
series, it would have taken greater pains in specially
providing for it in the law.28
imprisonment shall be imposed upon any police or law

enforcement personnel who has apprehended or arrested,
detained and taken custody of a person charged with or
suspected of the crime of terrorism or conspiracy to
commit terrorism and fails to deliver such charged or
suspected person to the proper judicial authority within the
period of three days. (Sec. 20)
Infidelity in the Custody of Detained Persons. - Any
public officer who has direct custody of a detained person
or under the provisions of this Act and who by his
deliberate act, misconduct, or inexcusable negligence
causes or allows the escape of such detained person shall
be guilty of an offense and shall suffer the penalty of:
(a) 12 years and 1 day to 20 years of imprisonment, if the
detained person has already been convicted and
sentenced in a final judgment of a competent court; and
(b) 6 years and 1 day to 12 years of imprisonment, if the
detained person has not been convicted and sentenced in
a final judgment of a competent court. (Sec. 44)
Penalty for False or Untruthful Statement or
Misrepresentation of Material Fact in Joint Affidavits.
- Any false or untruthful statement or misrepresentation of
material fact in the joint affidavits required respectively in
Section 12 and Section 32 of this Act shall constitute a
criminal offense and the affiants shall suffer individually
the penalty of 10 years and 1 day to 12 years of
imprisonment (Sec. 47)
Penalty for Furnishing False Evidence, Forged
Document, or Spurious Evidence. - The penalty of
twelve (12) years and one day to twenty (20) years of
imprisonment shall be imposed upon any person who
knowingly furnishes false testimony, forged document or
spurious evidence in any investigation or hearing under
this Act.
Damages for Unproven Charge of Terrorism. - Upon
acquittal, any person who is accused of terrorism shall be
entitled to the payment of damages in the amount of
P500,000.00 for every day that he or she has been
detained or deprived of liberty or arrested without a
warrant as a result of such an accusation. This is without
prejudice to the right of the acquitted accused to file
criminal or administrative charges against those
responsible for charging him with the case of terrorism.
Any officer, employee, personnel, or person who delays the
release or refuses to release the amounts awarded to the
individual acquitted of the crime of terrorism shall suffer
the penalty of six (6) months of imprisonment. (Sec 48)
==================================
===============
Chapter 4: Malversation of Public Funds or
Property
==================================
===============
R.A. 9372
HUMAN SECURITY ACT
ART. 217. MALVERSATION OF PUBLIC FUNDS OR

PROPERTY
Penalty for Failure to Deliver Suspect to the Proper

Judicial Authority within Three Days. - The penalty of
ten (10) years and one day to twelve (12) years of
ELEMENTS:
That the offender be a public officer (or private

person if entrusted with public funds or if in
connivance with public officers);
28
Estrada v. Sandiganbayan, 369 SCRA 394 (2001)
That he had the custody or control of funds or

property (if not accountable for the funds, crime
committed is theft or qualified theft);
That those funds or property were public funds or
property (even if private funds, they become public
if attached, seized, deposited or commingled with
public funds); and
That he:
a. Appropriated the funds or property
b. Took or misappropriated them
c. Consented or, through abandonment or
negligence, permitted any other person
to take such public funds or property.
NOTES:
It is not necessary that the offender profited by his

malversation. His being remiss in the duty of
safekeeping public funds violates the trust reposed.
Public funds taken need not be misappropriated.
It can be committed either with malice or through

negligence or imprudence although the penalty is the
same. Negligence of the accountable public officer
must be positively and clearly shown to be
inexcusable.
In determining whether the offender is a public

officer, what is controlling is the nature of his office
and not the designation - contemplates public officer
who receives money or property from government for
which he is bound to account, must have authority to
collect or receive
The funds or property must be received in an official

capacity. Otherwise, the crime committed is estafa.
CIRCUMSTANCES MAKING A PRIVATE INDIVIDUAL
LIABLE
1.
when they are in conspiracy with public officers;
and
2.
when they have charge of national, provincial or
municipal funds, revenues or property in any
capacity.
3.
Those who are accessory or accomplice to a
public officer
4.
Depository or administrator of public funds or
property
NOTES
1. When malversation is not committed through
negligence, lack of criminal intent or good faith is a
defense.
2. The failure of a public officer to have any duly
forthcoming public funds or property upon demand,
by any authorized officer, shall be prima facie
evidence that he has put such missing funds or
property to personal use. However, if at the very
moment when the shortage is discovered, the
accountable officer is notified, and he immediately
pays the amount from his pocket, the presumption
does not arise.
3. Returning the embezzled funds is not an exempting
circumstance but only mitigating.
4. A person whose negligence made possible the
commission of malversation by another can be held
liable as a principal by indispensable cooperation.
MALVERSATION (ART.
217)
ESTAFA WITH ABUSE OF

CONFIDENCE (ART. 315)
Funds or property usually

public
Offender is usually a public
officer who is accountable
for
the
public
funds/property
Crime is committed by
appropriating,
taking,
or
misappropriating/conse
nting,
or
through
abandonment
or
negligence, permitting
any other person to take
the public funds/property
Funds/property are always

private
Offender
is
a
private
individual or even a public
officer
who
is
not
accountable
for public
funds/property
Crime is committed by
misappropriating,
converting, or denying
having received money,
goods or other personal
property
The fact that the obligation to deposit the

collections of the City Treasurer's Office is not
covered by appellant's official job description is of no
legal consequence in a prosecution for Malversation.
What is essential is that appellant had custody or
control of public funds by reason of the duties of his
office29.
ART. 218. FAILURE OF ACCOUNTABLE OFFICER TO

RENDER ACCOUNT FAILURE OF ACCOUNTABLE
OFFICER TO RENDER ACCOUNT
ELEMENTS:
That the offender is a public officer, whether in the
service or separated therefrom;
That he must be an accountable officer for public
funds or property;
That he is required by law or regulation to render
accounts to the Commission on Audit, or to a
provincial auditor; and
That he fails to do so for a period of two months
after such accounts should be rendered.
NOTE: Demand and misappropriation are not necessary.
ART. 219. FAILURE OF A RESPONSIBLE PUBLIC
OFFICER TO RENDER ACCOUNTS BEFORE LEAVING
THE COUNTRY
ELEMENTS:
2. That he must be an accountable officer for public
funds or property; and
3. That he must have 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.
NOTE: The act of leaving the Philippines must be
unauthorized or not permitted by law.
ART. 220. ILLEGAL USE OF PUBLIC FUNDS OR
PROPERTY
ELEMENTS OF TECHNICAL MALVERSATION:
2. That there is public fund or property under his
administration;
29
People v. Hipol, 454 Phil. 679 (2003)
3. That such public fund or property has been
NOTE:
appropriated by law or ordinance (without this, it

is simple malversation); and
4. That he applies the same to a public use other
than for which such fund or property has been
appropriated by law or ordinance.
NOTE:
To distinguish this article with Art 217

(malversation), in illegal use of public funds or
property, the offender does not derive any personal
gain, the funds are merely devoted to some other
public use.
Absence of damage is only a mitigating

circumstance.
ILLEGAL USE OF
MALVERSATION
FUNDS OR PROPERTY
(ART. 217)
(ART. 220)
Offender is an accountable public officers.
Offender does not derive
any personal gain or
profit.
Offender in certain cases

profits from the proceeds of
the crime.
The public fund or

property is applied to
another public use.
The public fund or property

is applied to personal use.
ART. 221. FAILURE TO MAKE DELIVERY OF PUBLIC

FUNDS OR PROPERTY
ACTS PUNISHABLE:
By failing to make payment by a public

officer who is under obligation to make such payment
from Government funds in his possession
By refusing to make delivery by a public

officer who has been ordered by competent authority
to deliver any property in his custody or under his
administration (must be malicious)
ELEMENTS OF FAILURE TO MAKE PAYMENT:
That the public officer has government funds or
property in his possession.
That he is under obligation to either:
a. make payment from such funds, or
b. to deliver property in his custody or
administration when ordered by competent
authority; and
That he maliciously fails or refuses to do so.
NOTE: Penalty is based on value of funds/property to be
delivered.
ART. 222. OFFICERS INCLUDED IN THE PRECEDING
PROVISIONS
PERSONS LIABLE UNDER ART. 217 TO 221:
Private individual who, in any capacity, have charge
of any national, provincial or municipal funds,
revenue, or property. Example: a withholding tax
agent
Administrator or depositary of funds or property that
has been attached, seized or deposited by public
authority, even if owned by a private individual.
Sheriffs and receivers fall under the term

administrator
Judicial administrator not covered by this article.
(Appointed to administer estate of deceased and not
in charge of property attached, impounded or placed
in deposit by public authority)
Private property is included if it is attached,
seized or deposited by public authority.
==================================
===============
Chapter 5: Infidelity of Public Officers
==================================
===============
SECTION 1. INFIDELITY IN THE CUSTODY OF
PRISONERS
ART. 223. CONNIVING WITH OR CONSENTING TO
EVASION
ELEMENTS:
1. That the offender is a public officer (on duty);
2. That he is charged with the conveyance or
custody of a prisoner, either detention prisoner or
prisoner by final judgment;
3. That such prisoner escaped from his custody; and
4. That he was in connivance with the prisoner in the
latters escape.
DETENTION PRISONER - A person becomes a detention
prisoner from the moment he is booked. This refers to
the accomplishment of the booking sheet and filling out
of a form where he is finger printed. From that time on,
he is already a detention prisoner even if he is not yet
incarcerated.
The release of a detention prisoner who could

not be delivered to judicial authorities within the time
fixed by law is not infidelity in the custody of a
prisoner. Neither is mere leniency or laxity in the
performance of duty constitutes of infidelity.
There is real and actual evasion of service of

sentence when the custodian permits the prisoner to
obtain a relaxation of his imprisonment.
ART. 224. EVASION THROUGH NEGLIGENCE
ELEMENTS:
2. That he is charged with the conveyance or custody
of a prisoner, either detention prisoner or prisoner
by final judgment; and
3. That
such
prisoner
escapes
through
his
negligence.
NOTE:
The article punishes a definite laxity which

amounts to deliberate non-performance of a
duty.
The fact that the public officer recaptured the
prisoner who had escaped from his custody does
not afford him complete exculpation.
The liability of an escaping prisoner:
a. if he is a prisoner by final judgment, he is
liable for evasion of service (Art. 157)
if he is a detention prisoner, he does not

incur criminal liability (unless he cooperated
with the offender).
The negligent public officer suffers the same
penalty regardless of whether the prisoner is a
convict or merely a detention prisoner.
b.
ART. 225. ESCAPE OF PRISONER UNDER THE

CUSTODY OF A PERSON NOT A PUBLIC OFFICER
ELEMENTS:
1. That the offender is a private person;
2. That the conveyance or custody of a prisoner or
person under arrest is confided to him; (He has
custody)
3. That the prisoner or person under arrest escapes;
and
4. That the offender consents to the escape of the
prisoner or person under arrest, or that the escape
takes place through his negligence.
NOTE: This article is not applicable if a private person
made the arrest and he consented to the escape of the
person he arrested.
SECTION 2. INFIDELITY OF THE CUSTODY OF
DOCUMENTS
ART.
226.
REMOVAL,
CONCEALMENT,
DESTRUCTION OF DOCUMENTS
OR
ELEMENTS
OF
INFIDELITY
IN
CUSTODY
OF
DOCUMENTS:
That the offender be a public officer;
That he abstracts, destroys or conceals a
document or papers;
That the said document or paper should have been
entrusted to such public officer by reason of his
office; and
That damage, whether serious or not, to a third
party or to the public interest should have been
caused.
NOTE:
The document must be complete and one by

which a right could be established or an
obligation could be extinguished.
Papers would include checks, promissory notes
and paper money.
A post office official who retained the mail
without forwarding
the letters
to their
destination is guilty of infidelity in the custody of
papers.
Removal of a document or paper must be for an
illicit purpose. There is illicit purpose when the
intention of the offender is to:
tamper with it,
to profit by it, or
to commit any act constituting a breach of
trust in the official care thereof.
Removal is consummated upon removal or
secreting away of the document from its usual
place. It is immaterial whether or not the illicit
purpose of the offender has been accomplished.
Infidelity in the custody of documents through
destruction or concealment does not require
proof of an illicit purpose.
Delivering the document to the wrong party is

infidelity in the custody thereof.
ART. 227. OFFICER BREAKING SEAL

ELEMENTS:
2. That he is charged with the custody of papers or
property;
3. That these papers or property are sealed by proper
authority; and
4. That he breaks the seals or permits them to be
broken.
It is the breaking of the seals and not the

opening of a closed envelope which is punished.
Damage or intent to cause damage is not
necessary; damage is presumed.
ART. 228. OPENING OF CLOSED DOCUMENTS

ELEMENTS:
2. That any closed papers, documents, or objects are
entrusted to his custody;
3. That he opens or permits to be opened said closed
papers, documents or objects; and
4. That he does not have proper authority.
NOTE: Damage is not necessary.
SECTION 3. REVELATION OF SECRETS
ART. 229. REVELATION OF SECRETS BY AN OFFICER
ELEMENTS OF PAR. 1 (SECRETS KNOWN BY REASON
OF HIS OFFICIAL CAPACITY):
2. That he knows of a secret by reason of his official
capacity;
3. That he reveals such secret without authority or
justifiable reasons; and
4. That damage, great or small, be caused to the public
interest.
Secret must affect public interest not secrets of
a private individual.
Espionage for the benefit of another State is not
contemplated by the article. If regarding military
secrets or secrets affecting state security, the
crime may be espionage.
ELEMENTS OF PAR. 2 (WRONGFULLY DELIVERING
PAPERS OR COPIES OF PAPERS OF WHICH HE MAY
HAVE CHARGE AND WHICH SHOULD NOT BE
PUBLISHED):
1.
2.
3.
4.
5.
6.

That he has charge of papers;
That those papers should not be published;
That he delivers those papers or copies thereof to a
third person;
That the delivery is wrongful; and
That damage be caused to public interest.
NOTE:
CHARGE means custody or control. If he is

merely entrusted with the papers and not with
the custody thereof, he is not liable under this

article.
If the papers contain secrets which should not be
published, and the public officer having charge
thereof removes and delivers them wrongfully to
a third person, the crime is revelation of secrets.
On the other hand, if the papers do not contain
secrets, their removal for an illicit purpose is
infidelity in the custody of documents.
Damage is essential to the act committed.
ART. 230. PUBLIC OFFICER REVEALING SECRETS OF

PRIVATE INDIVIDUAL
ELEMENTS:
11
11
That he knows of the secret of a private individual by
reason of his office; and
11
That he reveals such secrets without authority or
justifiable reason.
NOTE:
Revelation to one person is sufficient.

If the offender is an attorney, he is properly
liable under Art. 209 (betrayal of trust by an
attorney).
Damage to private individual is not necessary.
==================================
=========
Chapter 6: Other offenses or irregularities by
Public Officers
==================================
=========
SECTION 1. DISOBEDIENCE, REFUSAL OF
ASSISTANCE, AND MALTREATMENT OF PRISONERS
ART. 231. OPEN DISOBEDIENCE
ELEMENTS:
That the offender is a judicial or executive officer;
That there is a judgment, decision or order of
superior authority;
That such judgment, decision or order was made
within the scope of the jurisdiction of the superior
authority and issued with all the legal formalities;
and
That the offender without any legal justification
openly refuses to execute the said judgment,
decision or under which he is duty bound to obey.
ART. 232. DISOBEDIENCE TO ORDER OF SUPERIOR
OFFICER; WHEN SAID ORDER WAS SUSPENDED BY
INFERIOR OFFICER
ELEMENTS:
2. That an order is issued by his superior for execution;
3. That he has for any reason suspended the execution
of such order;
4. That his superior disapproves the suspension of the
execution of the order; and
5. That the offender disobeys his superior despite the
disapproval of the suspension.
NOTE: A public officer is not liable if the order of the

superior is illegal.
ART. 233. REFUSAL OF ASSISTANCE
ELEMENTS:
2. That a competent authority demands from the
offender that he lend his cooperation towards the
administration of justice or other public service; and
3. That the offender fails to do so maliciously.
This felony involves a request from one public

officer to another.
Damage to the public interest or third party is
essential.
Demand is necessary.
Demand must be from competent authority
ART. 234.
OFFICE
REFUSAL
TO
DISCHARGE
ELECTIVE
ELEMENTS:
1. That the offender is elected by popular election to a
public office;
2. That he refuses to be sworn in or discharge the
duties of said office;
3. That there is no legal motive for such refusal to be
sworn in or to discharge the duties of said office.
If the elected person is disqualified, his refusal to

be sworn in or to discharge the duties of the
office is justified.
Refusal to discharge the duties of an appointive
office is not covered by this article.
ART. 235. MALTREATMENT OF PRISONERS

ELEMENTS:
2. That he has charge of a prisoner or detention
prisoner (otherwise the crime is physical injuries);
and
3. That 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
i.
by the imposition of punishments not
authorized by the regulations, or
ii.
by inflicting such punishments (those
authorized) in a cruel and humiliating
manner, or
b. by maltreating such prisoner to extort a
confession or to obtain some information
from the prisoner.
NOTE:
The public officer must have actual charge of the

prisoner in order to be held liable (not merely by
legal fiction).
Offended party must be a: (1) convict by final

judgment, or (2) detention prisoner.
Maltreatment should not be due to personal

grudge, otherwise, liable for physical injuries
only.
Offender may also be held liable for physical
injuries or damage caused. (Penalty provided in
Article 235 is imposed in addition to penalty for
injury or damage caused)
SECTION 2. ANTICIPATION, PROLONGATION AND

ABANDONMENT OF THE DUTIES AND POWERS OF
PUBLIC OFFICE
ART. 236. ANTICIPATION OF DUTIES OF A PUBLIC
OFFICE
ELEMENTS:
1. That the offender is entitled to hold a public office or
employment, either by election or appointment;
2. That the law requires that he should first be sworn in
and/or should first give a bond;
3. That he assumes the performance of the duties and
powers of such office; and
4. That he has not taken his oath of office and/or given
the bond required by law.
ART. 237. PROLONGING PERFORMANCE OF DUTIES
AND POWERS
ELEMENTS:
1. That the offender is holding a public office;
2. That the period provided by law, regulations or
special provisions for holding such office has already
expired; and
3. That he continues to exercise the duties and powers
of such office.
NOTE: Officers contemplated are those who have been
suspended, separated, declared over-aged or dismissed.
ART. 238. ABANDONMENT OF OFFICE OR POSITION
ELEMENTS:
2. That he formally resigns from his position;
3. That his resignation has not yet been accepted; and
4. That he abandons his office to the detriment of the
public service.
There must be formal or written resignation.

The offense is qualified if the purpose behind the
abandonment is to evade the discharge of duties
consisting
of
preventing,
prosecuting
or
punishing any of the crimes against national
security (e.g. treason, espionage), in which case,
the penalty is higher.
ABANDONMENT OF OFFICE
OR POSITION (ART. 238)
Committed by any public
officer
There is actual
abandonment through
resignation to evade the
discharge of duties.
DERELICTION OF DUTY
(ART. 208)
Committed only by public
officers who have the duty
to institute prosecution
Public officer does not
abandon his office but
merely fails to prosecute a
violation of the law.
SECTION 3. USURPATION OF POWERS AND

UNLAWFUL APPOINTMENTS
ART. 239. USURPATION OF LEGISLATIVE POWERS
ELEMENTS:
1. That the offender is an executive or judicial officer;
and
2. That 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.
ART. 240. USURPATION OF EXECUTIVE FUNCTIONS
ELEMENTS:
That the offender is a judge; and
That he (a) assumes a power pertaining to the

executive authorities, or (b) obstructs executive
authorities in the lawful exercise of their powers.
NOTE: Legislative officers are not liable for usurpation of
executive functions
ART. 241. USURPATION OF JUDICIAL FUNCTIONS
ELEMENTS:
1. That the offender is an officer of the executive
branch of the government; and
2. That he (a) assumes judicial powers, or (b) obstructs
the execution of any order or decision rendered by
any judge within his jurisdiction.
ART.
242.
DISOBEYING
DISQUALIFICATION
REQUEST
FOR
ELEMENTS:
2. That a proceeding is pending before such public
officer;
3. That there is a question brought before the proper
authority regarding his jurisdiction, which is not yet
decided;
4. That he has been lawfully required to refrain from
continuing the proceeding; and
5. That he continues the proceeding.
ART. 243. ADDRESSING ORDERS OR REQUESTS BY
EXECUTIVE OFFICER TO ANY JUDICIAL AUTHORITY
ELEMENTS:
1. That the offender is an executive officer;
2. That he addresses any order or suggestion to any
judicial authority; and
3. That the order or suggestion relates to any case or
business coming within the exclusive jurisdiction of
the courts of justice.
NOTE: Legislative or judicial officers are not liable under
this article.
ART. 244. UNLAWFUL APPOINTMENTS
ELEMENTS:
2. That he nominates or appoints a person to a public
office;
3. That such person lacks the legal qualification
4.
therefor; and
That the offender knows that his nominee or
appointee lacks the qualification at the time he made
the nomination or appointment.
NOTE:
Mere recommending, even if with the knowledge

that the person recommended is not qualified, is
not a crime. He must nominate.
There must be a law providing for the
qualifications of a person to be nominated or
appointed to a public office.
SECTION 4. ABUSES AGAINST CHASTITY

ART. 245. ABUSES AGAINST CHASTITY
WAYS
OF
COMMITTING
ABUSES
AGAINST
CHASTITY:
1.
By soliciting or making
immoral or indecent advances to a woman interested
in matters pending before the offending officer for
decision, or with respect to which he is required to
submit a report to or consult with a superior officer;
2.
immoral or indecent advances to a woman under the
offenders custody;
3.
immoral or indecent advances to the wife, daughter,
sister, or relative within the same degree by affinity
of any person in custody of the offending warden or
officer
ELEMENTS:
2. That he solicits or makes immoral or indecent
advances to a woman; and
3. That such woman must be
interested in matters pending before the
offender for decision, or with respect to
which he is required to submit a report to or
consult with a superior officer, or
under the custody of the offender who is a
warden or other public officer directly
charged with care and custody of prisoners
or person under arrest, or
the wife, daughter, sister or relative within
the same degree by affinity of the person in
the custody of the offender.
NOTE:
The mother of the person in the custody of the

public officer is not included.
To solicit means to propose earnestly and
persistently something unchaste and immoral to
a woman.
The crime is consummated by mere proposal.
Proof of solicitation is not necessary when there
is sexual intercourse.

7. CRIMES COMMITTED BY PUBLIC OFFICERS
==================================
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8. Crimes Against Persons
==================================
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Chapter 1: Destruction of Life
Sec. 1 - Parricide, Murder, Homicide
Sec. 2 - Infanticide and Abortion
Sec. 3 - Duel
Chapter 2: Physical Injuries
R.A. 9262
R.A. 9775
R.A. 8049
R.A. 7610
R.A. 9344
==================================
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Chapter 1: Destruction of Life
==================================
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SECTION ONE - PARRICIDE, MURDER, HOMICIDE
ART. 246. PARRICIDE
ELEMENTS:
1. That a person is killed;
2. That the deceased is killed by the accused;
3. That the deceased is the
11 father, mother, or child, whether
legitimate or illegitimate, or
11 legitimate other ascendant or other
descendant, or
11 legitimate spouse of the accused.
RELATIONSHIP OF THE OFFENDER WITH THE VICTIM
IS THE ESSENTIAL ELEMENT
1. Required to determine legitimacy of relationship
2. The following are excluded (i.e., the accused will not
be guilty of parricide) ALAIC
a. Adoptive relationship (adopting parentadopted child)
b. Child less than 3 days old (infanticide)
c. Relationship by affinity (in-laws)
d. Illegitimate
other
ascendant/descendant
e. Common-law spouse
NOTES:
1. Relationship must be alleged and proved. If not
alleged, it can only be considered as an ordinary
aggravating circumstance.
2. Punished by reclusion perpetua to death
3. Only relatives by blood and in direct line (except
spouse) are considered
4. Marriages among Muslims or among members of
ethnic cultural communities recognized (Art. 33,
Family Code)
5. Parricide through reckless imprudence
a. Reckless imprudence punished by arresto
mayor in its max. period to prision
correccional in its med. period
b. Simple imprudence or negligence
punished by arresto mayor in its med.-max.
periods
6.
7.
8.
Parricide by mistake: exists because knowledge of

relationship is not required in parricide
Parricide by omission (in relation to Art. 276, 2nd par.
Abandoning a minor)
Stranger cooperating in parricide is only guilty of
homicide or murder, as the case may be.
PARRICIDE IS NOT PUNISHABLE BY RECLUSION

PERPETUA TO DEATH WHEN:
1. It is committed through negligence (Art. 365)
2. Committed by mistake (Art. 249)
3. Committed under exceptional circumstances (Art.
247)
ART. 247. DEATH OR PHYSICAL INJURIES INFLICTED
UNDER EXCEPTIONAL CIRCUMSTANCES
ELEMENTS:
11 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;
11 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; and
11 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.
NOTE: The article does not define a crime but grants a
singular mitigating circumstance and provides for the
penalty of destierro (as a form of protection for the
accused) instead of the severe penalty prescribed for
parricide, homicide, or physical injuries
DEFINITIONS:
1. Legally married excludes common-law relationship
2. Legitimacy of parent not required, as long as
a. Daughter is minor, unmarried and living with
her parents
3. Surprise means to come up suddenly and
unexpectedly
4. In the act of committing sexual intercourse with

another person is satisfied if circumstances show
reasonably that the carnal act is being committed or
has just been committed
5. Immediately thereafter means the discovery, escape,

pursuit and the killing must all form parts of one
continuous act
JUSTIFICATION FOR ART. 247: BURST OF PASSION

The killing must be the proximate result of the outrage
overwhelming the accused; and not influenced by
external factors
PHYSICAL INJURIES MUST BE SERIOUS
If the physical injuries are less serious or slight, it is an
absolutory cause, thus no criminal liability
NOTES:
Both wives and husbands are entitled to the
benefits of this article
Sexual intercourse does not include preparatory acts
No criminal liability if physical injuries are inflicted

upon third persons (i.e., those other than the
wife/daughter and the paramour)
ART. 248. MURDER

ELEMENTS:
1. That a person is killed;
2. That the deceased is killed by the accused
3. That the killing was attended by any of the following
qualifying circumstances:
a. with treachery, taking advantage of superior
strength, with the aid of 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, or
f.
with cruelty, by deliberately and inhumanely
augmenting the suffering of the victim or
outraging or scoffing at his person or
corpse; and
4. The killing is not parricide or infanticide.
Murder is the unlawful killing of any person, which is not
parricide or infanticide, provided that any of the
enumerated circumstances are present
NOTES:
1. Intent to kill essential in all circumstances EXCEPT
treachery
2. punished by reclusion perpetua to death
3. victim must be killed in order to consummate the
crime; if victim IS NOT killedeither attempted or
frustrated murder
4. Treachery present when the act constituting the
felony is sudden and unexpected to the point of
incapacitating the victim to repel or escape it
The means, methods, or form of attack must

be consciously adopted by the offender
Present when an adult person attacks a

child of tender years
5. Not enough that superior strength is present; it must
be taken advantage of
Also applies when act is committed on

occasion of a public calamity
6. Armed men must take part in the commission of the
crime directly or indirectly
Accused must avail himself of their aid or

rely upon them
7. Person who received the price, reward, or promise is
a principal by direct participation; person who gave
such price, reward, or promise is a principal by
induction. BOTH are guilty of murder.
8. Treachery and premeditation are inherent in murder
by poison, and thus, cannot be considered as

aggravating.
RULES
FOR
APPLICATION
OF
QUALIFYING
CIRCUMSTANCES
1. Murder will exist with only one of the circumstances;
others must be considered as generic aggravating
2. When other circumstances are absorbed or included
in one qualifying circumstance, they cannot be
considered as generic aggravating
3. Any of the circumstances must be alleged in order to
qualify the crime to murder
Otherwise, it is only a generic aggravating
OUTRAGING OR SCOFFING AT HIS PERSON OR
CORPSE:
QUALIFYING
CIRCUMSTANCE
NOT
MENTIONED IN ART. 14
1. Outraging: to commit an extremely vicious or deeply
insulting act
2. Scoffing: to jeer, implies a showing of irreverence
ART. 249. HOMICIDE
ELEMENTS:
1. That a person was killed;
2. That the accused killed him without any
justifying circumstances;
3. That the accused had the intention to kill, which is
presumed; and
4. That the killing was not attended by any of the
qualifying circumstances of murder, or by that of
parricide or infanticide
NOTES:
1. Homicide is the unlawful killing of any person, which
is neither parricide, murder, nor infanticide
2. Consummated when victim is killed; otherwise,
attempted or frustrated
3. Presumption of intent to kill
a. With respect to crimes of personal
violence,
the
penal
law
looks
particularly to the material results
following the unlawful act and holds the
aggressor responsible for all the
consequences thereof.
b. Evidence of intent to kill is important
only in
attempted
or frustrated
homicide
i. Intent to kill is conclusively presumed
when the victim dies
ii. Generally shown by the kind of weapon
used, the parts of the victims body at
which it was aimed, and by the wounds
inflicted
But purpose of the accused may

also be considered
iii. The element of intent to kill is
incompatible
with
imprudence
or
negligence
Intent to kill must be proved

beyond reasonable doubt
iv. No attempted or frustrated homicide
through imprudence or negligence; crime
would be physical injuries through
reckless imprudence
As an exception, see Accidental
4.
5.
6.
7.
Homicide (item 6)
When two different persons inflicted the wounds
which caused the death, both are guilty of homicide
a. The burden to prove otherwise is on
each of the defendants
b. Proof of conspiracy is not necessary
c. Also applies when it was not shown
which wounds were inflicted by each
person
When defense is not allowed to exculpate
a. Refusal of victim to be operated
b. When the act of mortally wounding and
the fact of suicide by the victim concur
Use of unlicensed firearm is considered as an
aggravating circumstance and not as a separate
crime
Punished by reclusion temporal
ACCIDENTAL HOMICIDE is the death of a person

brought about by a lawful act performed with proper care
and skill, and without homicidal intent
E.g. If in a game, the rules have been violated and
death resulted, determine intent to kill:
i. If with intent to kill, it is intentional
homicide
ii. If without intent to kill, it is homicide
through negligence
CORPUS DELICTI
In all crimes against persons in which the death of the
victim is an elements of the offense, there must be
satisfactory evidence of
1. The fact of death, and
2. The identity of the victim
- does not refer to the body of the victim but to the
actual commission of the crime charged
ART. 250. PENALTY FOR FRUSTRATED PARRICIDE,
MURDER, OR HOMICIDE
Courts may impose a penalty two degrees lower for

frustrated parricide, murder or homicide.
Courts may impose a penalty three degrees lower for
attempted parricide, murder or homicide.
This rule is permissivenot mandatory
An attempt on, or a conspiracy against, the life of the
Chief Executive, etc., is punishable by death.
ART. 251. DEATH

AFFRAY
CAUSED
IN
TUMULTUOUS
ELEMENTS
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 quarrelled 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; and
6. That the person or persons who inflicted serious
physical injuries or who used violence can be
identified.
NOTES:
1.
TUMULTUOUS AFFRAY
a. Tumultuous (as used in Art. 153) means that
the disturbance is caused by at least four
persons who are armed or are provided with
means of violence
b. There must be no unity of purpose oand
intention among the persons who used
violence
2. PERSONS LIABLE:
a. Person or persons who inflicted serious
physical injuries
b. If it is not known who inflicted serious
physical injuries on the deceased, all
persons who used violence upon the
person of the victim
3. When there are 2 identified groups of men who
assaulted each other, there is no tumultuous
affray.
4. The person killed need not be a participant in
the affray.
5. Does not apply when the person who inflicted
the fatal wound is known; in that case, the crime
will be homicide under Art. 249.
ART. 252. PHYSICAL INJURIES

TUMULTUOUS AFFRAY
INFLICTED
IN
ELEMENTS
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; and
4. That all those who appear to have used violence
upon the person of the offended party are known.
NOTES:
Persons liable: Only those who have used

violence on the person of the offended party.
Penalty will be one degree lower than that

provided for the physical injury inflicted
Injured party must be a participant of the
tumultuous affray (as opposed to the preceding
article
If the one who caused physical injuries is known,
he will be liable for physical injuries actually
committed.
Slight physical injuries not included
ART. 253. GIVING ASSISTANCE TO SUICIDE

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. If the suicide is not consummated
a. For the first punishable act: arresto mayor in its
medium and maximum periods
b. For the second punishable act: one or two
degrees
lower
than
that
provided
for
consummated suicide
2. An attempt to commit suicide is an act, but it is
not punishable by law
a.
b.
3.
a.
A person who attempts to commit suicide is not

criminally liable.
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
i. in order to incur criminal liability for the
result not intended, one must be
committing a felony
ii. unintentional abortion is punishable only
when it is caused by violence, not by
poison (Art. 257)
Assistance to suicide is different from mercykilling
Euthanasia or mercy-killing 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
ART. 254. DISCHARGE OF FIREARMS

ELEMENTS:
1. That the offender discharges a firearm against or at
another person; and
2. That the offender has no intention to kill that person.
NOTES:
The offender must shoot at another with any
firearm without intention of killing him
a. The purpose of the offender may be to
intimidate or frighten the offended party
b. If the firearm is not discharged at a person, the
act is not punished under this article
c. A discharge towards the house of the offended
party, not knowing in what part of the house the
people inside were, is only alarm under Art. 155.
d. It is sufficient that the gun was initially aimed at
or against the offended party, even if it was not
pointed at the offended party when it fired
e. If theres intent to kill, it may be frustrated or
attempted parricide, murder, or homicide
2. Essential to prove that the discharge of firearm
was directed precisely against the offended
party
3. if the illegal discharge inflicts serious or less
serious physical injuries to the offended party,
there will be a complex crime of illegal discharge
of firearm w/ serious or less serious physical
injuries
SECTION TWO - INFANTICIDE AND ABORTION
ART. 255. INFANTICIDE
ELEMENTS:
1. That a child was killed;
2. That the deceased child was less than three days (72
hours) of age; and
3. That the accused killed the said child.
Infanticide is the killing of any child less than three days
of age, whether the killer is parent or grandparent, any
other relative of the child, or a stranger
NOTES:
1.
2.
3.
The child must be born alive and can sustain an

independent life when it is killed
a. Burden of proof is upon the prosecution
Penalty is that of either parricide or murder,
depending on the relationship of the accused with
the victim
Mitigating circumstance of concealing dishonor
a. Applicable only to the mother and maternal
grandparents
b. Delinquent mother must be of good
reputation
ART. 256. INTENTIONAL ABORTION

ELEMENTS:
1. That there is a pregnant woman;
2. That any of the following ways is committed
a. violence is exerted, or
b. drugs or beverages administered, without
violence upon and without consent of the
pregnant woman, or
c. drugs or beverages administered, with the
consent of the 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
ABORTION is the wilful killing of the foetus in the uterus,
or the violent expulsion of the foetus from the maternal
womb which results in the death of the foetus
NOTES:
Foetus must die in consummated abortion;

otherwise, determine if there is intent to abort
a. If with intention, frustrated intentional
abortion
b. If without intention, physical injuries
When infanticide (as opposed to abortion): if the

foetus
a. Could sustain an independent life, after
separation from maternal womb, and
b. Is killed
3. The person who intentionally caused the abortion is
liable
a. If the woman/mother permitted, she will be
liable under Art. 258; otherwise, she is not
liable
ART. 257. UNINTENTIONAL ABORTION
ELEMENTS:
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; and
4. That as a result of the violence the fetus dies, either
in the womb or after having been expelled therefrom
NOTES:
1. Can only be committed by violence
a. Violence or actual physical force (as
opposed
to
threats
or
mere
administering of substance with no
intention to commit abortion) must be
used
2. Intention may be inferred from the condition of the
pregnant woman (i.e. whether pregnancy is
3.
4.
5.
noticeable)
May be committed through imprudence
May be complexed with homicide and parricide
If theres no intent to cause abortion and theres no
violence committed, then theres no abortion of any
kind
ART. 258. ABORTION PRACTICED BY THE WOMAN

HERSELF OR BY HER PARENTS
ELEMENTS:
1. That there is a pregnant woman who has suffered an
abortion;
2. That the abortion is intended; and
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. Mitigating circumstance (as distinguished from
infanticide) for the purpose of concealing dishonor
a. Only applicable to the pregnant woman and
not to the parents of the pregnant woman
2. If the purpose of the womans parents was NOT to
conceal dishonor, then they will be liable for
intentional abortion under Art. 256
ART. 259. ABORTION PRACTICED BY A PHYSICIAN
OR MIDWIFE AND DISPENSING OF ABORTIVE
ELEMENTS:
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;
and
4. That said physician or midwife takes advantage of his
or her scientific knowledge or skill.
NOTES:
1. The taking advantage of scientific knowledge or skill
for the destruction of human life justifies the
imposition of the maximum penalty
ELEMENTS AS TO PHARMACISTS:
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. The effect of knowledge that the abortive would be
used to cause abortion:
a. Without knowledge, punishable under this
article
b. With knowledge, punishable as an
accomplice in the crime of abortion
2. Not necessary for the abortive to be actually used; the
act constituting the offense is dispensing the
abortive w/o proper prescription
SECTION THREE - DUEL
ART. 260. RESPONSIBILITY OF PARTICIPANTS IN A
DUEL
ACTS PUNISHABLE
1. Killing ones adversary in a duel
2. Inflicting upon the adversary serious physical injuries
3. Making combat although no physical injuries have
been inflicted
PERSONS LIABLE
PRINCIPALS person who killed or inflicted physical

injuries upon his adversary, or both combatants in
any other cases.
ACCOMPLICES seconds
NOTES:
A duel is a formal or regular combat previously

concerted between two parties in the presence
of two or more seconds of lawful age on each
side, who make the selection of arms and fix all
the other conditions of the fight
Intent to kill is disregardedso penalty will be

that for physical injuries only as opposed to
those inflicted for frustrated/attempted homicide
ART. 261. CHALLENGING TO A DUEL
ACTS PUNISHABLE:
11 Challenging another to a duel.
11 Inciting another to give or accept a challenge to a
duel.
11 Scoffing at or decrying another publicly for having
refused to accept a challenge to fight a duel.
PERSONS LIABLE
Challengers, and
Instigators
There must be intention to have a formal duel (as
opposed to light threats under Art. 285, par. 2)
==================================
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Chapter 2: Physical Injuries
==================================
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CRIMES PUNISHABLE:
A. Mutilation
B. Serious physical injuries
C. Administering injurious substance or beverages
D. Less serious physical injuries
E. Slight physical injuries and maltreatment
ART. 262. MUTILATION
TWO (2) KINDS:
1. CASTRATION: Intentionally mutilating another by
depriving him, totally or partially, of some essential
organ for reproduction.
2. MAYHEM OR OTHER INTENTIONAL MUTILATION:
Intentionally making other 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 his body.
There must be intentional mutilation offender must
have the intent to deprive the offended party of a
part of his body
if theres no intention, then crime will be considered
as serious physical injuries
PHYSICAL INJURIES DISTINGUISHED FROM:

1. ATTEMPTED OR FRUSTRATED HOMICIDE
a. Attempted
homicide
may
be
committed, even if no physical injuries
are inflicted
b. Intent to kill is not present in the crime
of physical injuries
2. MUTILATION
a. Intention to lop or clip off some part of
the body is present in mutilation
ART. 263. SERIOUS PHYSICAL INJURIES
HOW COMMITTED:
1. Wounding;
2. Beating;
3. Assaulting; or
4. Administering injurious substances
SERIOUS PHYSICAL INJURIES ARE:
1. When the injured person becomes insane, imbecile,
impotent or blind in consequence of the physical
injuries inflicted.
2. When the injured person
a. loses the use of speech or the power to hear or
to smell,
b. loses an eye, a hand, foot, arm or leg, or loses
the use of any such member, or loses the use of
any such member;
c. becomes incapacitated for the work in which he
had been habitually engaged
3. When the injured person
a. becomes deformed,
b. loses any other member of his body,
c. loses the use thereof, or
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. When the injured person becomes ill or incapacitated
for labor for more than 30 days (but not more than
90 days).
PARAGRAPH 1
1. Impotency includes inability to copulate and sterility;
no intent to deprive (as opposed to castration)
2. Complete blindness (as opposed to paragraph 2
loss of an eye only)
PARAGRAPH 2 (mentions principal members of the
body)
1. Loss of power to hear of both ears (as opposed to
paragraph 3 loss of one ear only)
2. Loss of use of hand or incapacity for usual work must
be permanent
a. This must be proven by clear and
conclusive evidence
3. Note that the offended party must have an avocation
or work at the time of the injury [also in paragraph
(3)]
a. Work includes studies or preparation for a
profession
b. Means incapacity for a certain kind of work
only, but not for all
PARAGRAPH 3
1.
2.
3.
Deformity means physical ugliness, or permanent

and defining abnormality. It must be conspicuous
and visible (i.e., depending on what part of the body)
a. If scar is usually covered, then its not
considered conspicuous or visible
b. Loss of teeth may be considered as
deformity
i. Injury must be that which cannot be
repaired by the action of nature
ii. EXCEPTIONS:
old
men/women
and
children
Loss of fingers may fall under paragraph 2 if it results
in the loss of the use of the hand itself
Covers any member which is not a principal member
of the body
PARAGRAPH 4
1. Any kind of labor is included
2. Hospitalization for more than 30 days may mean
either illness or incapacity for labor for more than 30
days
3. There must be evidence of the length of period of
illness or capacity when the category of the offense
of serious physical injuries
The absence thereof makes the offense

only slight physical injuries
4. Lessening of efficiency in work is not incapacity
QUALIFIED SERIOUS PHYSICAL INJURIES
In relation to persons mentioned parricide and

circumstances mentioned in murder higher
penalties wil be inflicted
DOES NOT include injuries caused by excessive

chastisement of a parent upon his child
NOTES:
1. It can be committed by reckless imprudence, or by
simple imprudence or negligence
2. There must be no intent to kill; otherwise, crime
would be frustrated/attempted murder, parricide, or
homicide
3. Medical attendance is not important in serious
physical injuries
ART. 264. ADMINISTERING INJURIOUS SUBSTANCE
OR BEVERAGES
ELEMENTS:
1. That the offender inflicted upon another person any
serious physical injury;
2. That it was done by knowingly administering to him
any injurious substances or beverages or by taking
advantage of his weakness of mind or credulity; and
3. He had no intent to kill.
ELEMENTS:
1. That the offended party is incapacitated for labor or
needs medical attendance for 10 days or more (but
not more than 30 days); and
2. That the physical injuries must not be those
described in the preceding articles.
QUALIFIED LESS SERIOUS PHYSICAL INJURIES
1. Fine not not exceeding P5200, in addition to arresto
mayor, when
a. There is a manifest intent to insult or
offend the injured person, or
b. There
are
circumstances
adding
ignominy to the offense
(a) and (b) are considered as
i.
Ordinary aggravating circumstance in
serious physical injuries
ii. Slander by deed in slight physical
injuries
2. A higher penalty, when the victim is either
a. The offenders parents, ascendants,
guardians, curators or teachers
b. Persons of rank or persons in authority,
provided the crime is not direct assault
NOTES:
1. Medical attendance or incapacity for labor is required
when theres no incapcaity for labor or
medical attendance needed, it will be
considered only as slight physical injuries
i. if injuries were healed within 30 days
slight physical injuries
ii. if injuries were healed only after 30 days
serious phyisical injuries (as illness for
more than 30 days)
2. This article applies even if there was no incapacity
but the medical treatment was for more than 10 days
3. There must be proof as to the period of required
medical attendance
ART. 266. SLIGHT
MALTREATMENT
PHYSICAL
INJURIES
AND
THREE (3) KINDS:

1. Physical injuries which incapacitated the offended
party for labor from one (1) to nine (9) days or
required medical attendance during the same period.
2. Physical injuries 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. (e.g. slapping the face without causing
dishonor)
NOTES:
1. Administering: introducing into the body
2. If there is intent to kill, it is frustrated murder the
injurious substance to be considered as poison
3. Knowledge applies to the injurious nature of the
substance or beverage
4. by taking advantage of his weakness of mind or
credulity may take place in the case of witchcraft,
magnetism and the like
NOTES:
1. PRESUMPTION
a. In the absence of proof as to the period
of the offended partys incapacity for
labor or of the required medical
attendance, the crime committed is
presumed as slight physical injuries
b. When there is no evidence to establish
the gravity or duration of actual injury
or to show the causal relationship to
death, the offense is slight physical
injuries
ART. 265. LESS SERIOUS PHYSICAL INJURIES
2.
SUPERVENING EVENT
a. When the charge
contained
in
the
information filed was for slight physical

injuries because it was believed that the
wound suffered would require medical
attendance for eight (8) days only, but
during preliminary investigation it was found
that the healing would require more than
thirty (30) days, this supervening event can
still be the subject of amendment or of a
new charge without placing the accused in
double jeopardy30
f. a child below 7 years old;

g. offender knows he is afflicted with HIV or
h.
ART. 266-A. RAPE; 266-B. PENALTIES
i.
SIMPLE RAPE (UNDER PARAGRAPH 1):

A.
B.
1.
2.
3.
30
31
ELEMENTS:
1. The offender is a man;
2. The offender had carnal knowledge of a
woman;
3. Such act is accomplished (any one of the
following):
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; or
d. when the offended party is under 12
years of age (statutory rape) or is
demented, even though none of the
circumstances mentioned above be present
PENALTIES IMPOSED31
reclusion perpetua
reclusion perpetua to death when:
a. victim became insane by reason or on the
occasion of rape; or
b. the rape is attempted and a homicide is
committed by reason or on the occasion
thereof.
Death when:
a. homicide is committed;
b. victim is under 18 years old and offender is:
i. parent,
ii. ascendant,
iii. step-parent,
iv. guardian,
v. relative by consanguinity or affinity
within the 3rd civil degree,
vi. common law spouse of victims
parent;
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 3rd 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;
People v. Manolong, 85 Phil. 829
Pursuant to R.A. 9346 (Act Prohibiting the Imposition of Death

Penalty in the Phiippines) the penalty of reclusion perpetua
without eligibility for parole shall be imposed, in lieu of death
penalty
j.
k.
AIDS or any other sexually transmissible

disease and the virus is transmitted to the
victim;
offender is a member of the AFP, or paramilitary 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;
by reason or on occasion of the rape, the
victim
suffered
permanent
physical
mutilation or disability;
the offender knew of the pregnancy of the
offended party at the time of the
commission of the crime; and
the offender knew of the mental disability,
emotional disorder and/or physical handicap
of the offended party at the time of the
commission of the crime.
RAPE
THROUGH
PARAGRAPH 2)
SEXUAL
ASSAULT
(UNDER
ELEMENTS:
1. the offender (man or woman) commits
an act of sexual assault
2. the act is committed by inserting:

a.
his penis into another persons mouth or

anal orifice; or
b. any instrument or object into the genital or
anal orifice of another person
3. the act is committed under any of the
circumstances mentioned under paragraph
1
PENALTIES IMPOSED:
1.
2.
3.
4.
5.
6.
Prision mayor in general

Prision mayor to reclusion temporal when:
11 there was use of deadly weapon, or
11 committed by two or more persons.
Reclusion temporal when the victim has become
insane
Reclusion temporal to reclusion perpetua rape is
attempted and homicide is committed
Reclusion perpetua homicide is committed by
reason or on occasion of rape
Reclusion temporal committed with any of the 10
aggravating circumstances mentioned in this article
NOTES:
1. The 4 circumstances:
Using force or intimidation: the degree
sufficient to overcome resistance
i. According to People v. Las Pias, Jr.32,
the test is whether reasonable fear is
produced in the mind of the victim
ii. Verbal refusal alone wont do; there must
be a physical struggle thats manifest and
tenacious
iii. The force need not be irresistable; force or
violence necessary is relative, depending
32
G.R. No. 133444, February 20, 2002
on the age, size, and strength of the

parties and their relation to each other
iv. Where resistance would be futile, offering
none at all does not amount to consent
v. Intimidation enough that it produces
fear in the victim; must be viewed in light
of the victims perception and judgment
at the time of rape
vi. Moral ascendancy or influence has been
held to be a substitute, in a long line of
cases33 - in this case, not necessary that
victim put up a determined resistance
Offended party is deprived of reason or
otherwise unconscious
i. Deprivation need not be complete
ii. Intercourse with a deaf-mute woman wll
only be considered rape if shes also be
prove to be an imbecile
iii. Not considered rape where consent is
induced
by
the
administration
of
drugs/liquor, which incites her passions
and doesnt deprive her of will power
By means of fraudulent machination or
grave abuse of authority
when the offended party is under 12
years of age or is demented, even
though none of the circumstances
mentioned above be present (Statutory
rape)
i. Consent and character (e.g. prostitute) of
the offended party is immaterial
2. TWO (2) STAGES:
CONSUMMATED
i. Penetration is necessary
ii. It is enough that the labia majora be
penetrated, even the slightest
iii. Penis need not be erect still considered

rape if accused repeatedly tried to insert
the penis in the vagina, even if in vain
ATTEMPTED
i. The offender has already performed overt
acts with the intention to have carnal
knowledge of the offended party, but
which was not consummated some cause
or
accident
other
than
his
own
spontaneous desistance
ii. There must be intent to have carnal
knowledge of the woman against her will
there can be no frustrated rape
because any penetration of the female
organ is sufficient.
Clearly, in the
crime of rape, from the moment the
offender has carnal knowledge of his
victim he actually attains his purpose
and, from that moment also all the
essential elements of the offense have
been accomplished. Nothing more is left
to be done by the offender, because he
has performed the last act necessary to
produce the crime. Thus, the felony is
33
People v. Dichoson, G.R. No. 118986-89, February 19,

2001; People v. Bazona, G.R. No. 133343-44, March 2, 2000;
People v. Panique, 316 SCRA 757 (1999); People v. Perez,
307 SCRA 276 (1999)
consummated.34
3. Homicide committed by reason of (i.e., in the
course of or because of) rape is a special complex

crime
Rape must come before intent to kill or
act of killing
Does not apply when the intent to kill
or killing act preceded the rape act (i.e.,
when victim was in the point of death
when she was ravaged)
Includes death of victim through STD
given by the accused who raped her
4. Character of the woman is immaterial
Testimony of victim alone is enough for

conviction
5. Fingers counts as objects under rape through

sexual assault
6. Indemnity and Damages
7.
Awarding of Php50,000 as indemnity is

mandatory upon finding of the fact of
rape
Moral damages may be automatically
awarded in rape cases w/o need of
proof
Multiple Rape
Each offender is responsible not only for
the rape he personally committed, but
also for those committed by the others
ART. 266-C. EFFECT OF PARDON.

EFFECT OF MARRIAGE
Marriage extinguishes not only the penal action but
likewise the penalty imposed and only as to the
principal
ART. 266-D. PRESUMPTIONS
EVIDENCE WHICH MAY BE ACCEPTED
1. Any physical overt act manifesting resistance against
the act of rape in any degree from the offended party
2. Where the offended party is so situated as to render
him/her incapable of giving consent
R.A. 9262
ANTI VIOLENCE AGAINST
WOMEN AND CHILDREN ACT OF 2004
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,
DEFINED
Refers to any act or a series of acts committed by any
person against a woman who is his wife, former wife,
or against a woman with whom the person has or had
a sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate
or illegitimate, within or without the family abode,
which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse
including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of
liberty. It includes, but is not limited to, (1)
34
People v. Orita [G.R. No. 88724, April 3, 1990]
physical, (2) sexual, (3) psychological and (4)

economic violence.
DEFINITION OF TERMS
AGAINST WHOM COMMITTED
1. a woman
A. who is his wife,
B. who is his former wife, or
C. with whom the person has
or had a sexual or dating
relationship, or
D. with whom he has a
common child,
2. the womans child
a. whether legitimate or
illegitimate, within or
without the family abode
The violence committee must result in or is likely to result
in physical, sexual, psychological harm or suffering, or
economic abuse including threats of such acts, battery,
assault, coercion, harassment or arbitrary deprivation of
liberty. It includes, but is not limited to:
a. Physical Violence: refers to acts that include
bodily or physical harm;
6.
7.
8.
b. Sexual violence: refers to an act which is

c.
c.
sexual in na
ture, committed against a woman or her
child
Psychological violence: refers to acts or
omissions causing or likely to cause mental
or emotional suffering of the victim;
k.
d. Economic abuse" refers to
acts that make or attempt
to make a woman
financially dependent
PUNISHABLE ACTS (Sec. 5):
1.
Causing physical harm to the woman or her child;
2.
Threatening to cause the woman or her child
physical harm;
3.
Attempting to cause the woman or her child
physical harm;
4.
Placing the woman or her child in fear of imminent
physical harm;
5.
Attempting to compel or compelling the woman or
her child to engage in conduct which the woman or
her child has the right to desist from or desist
from conduct which the woman or her child has
the right to engage in, or attempting to restrict or
restricting the woman's or her child's freedom of
movement or conduct by force or threat of force,
physical or other harm or threat of physical or other
harm, or intimidation directed against the woman or
child. This shall include, but not limited to, the
following acts committed with the purpose or effect of
controlling or restricting the woman's or her child's
movement or conduct:
a. Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
b. Depriving or threatening to deprive the woman
9.
or her children of financial support legally due

her or her family, or deliberately providing the
woman's children insufficient financial support;
c. Depriving or threatening to deprive the woman
or her child of a legal right;
d. Preventing the woman in engaging in any
legitimate profession, occupation, business
or activity or controlling the victim's own money
or properties, or solely controlling the conjugal or
common money, or properties;
Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions
or decisions;
Causing or attempting to cause the woman or her
child to engage in any sexual activity which does
not constitute rape, by force or threat of force,
physical harm, or through intimidation directed
against the woman or her child or her/his immediate
family;
Engaging in purposeful, knowing, or reckless
conduct, personally or through another that
alarms or causes substantial emotional or
psychological distress to the woman or her child.
This shall include, but not be limited to, the following
acts:
a. Stalking or following the woman or her child in
public or private places;
b. Peering in the window or lingering outside the
residence of the woman or her child;
c. Entering or remaining in the dwelling or on the
property of the woman or her child against
her/his will;
d. Destroying the property and personal belongings
or inflicting harm to animals or pets of the
woman or her child; and
e. Engaging in any form of harassment or violence;
Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal
and emotional abuse, and denial of financial support
or custody of minor children of access to the woman's
child/children.
VENUE
A. General Rule: RTC designated as Family Court has
original and exclusive jurisdiction
B. In the absence of (A): RTC where any of the elements
is committed, at the option of complainant
PROTECTION ORDERS, DEFINED (Sec. 8)
Order issued under this act for the purpose of
preventing further acts of violence against a woman
or her child specified in Section 5 of this Act and
granting other necessary relief. The relief granted
under a protection order serves the purpose of
safeguarding the victim from further harm,
minimizing any disruption in the victim's daily life,
and facilitating the opportunity and ability of the
victim to independently regain control over her life.
The provisions of the protection order shall be
enforced by law enforcement agencies.
PROTECTION ORDERS ISSUED UNDER THIS
ACT
BARANGAY
TEMPORARY
PERMANENT
PROTECTION
PROTECTION
PROTECTION
ORDER
ORDER
ORDER
Issued by punong
barangay, after ex
parte
determination of
the basis of the
application, which
orders perpetrator
to desist from
committing acts
under Section 5
(1) and (2) of this
Act.
BPOs shall be
effective for 15
days.
Issued by the
court on the
date of filing
of the
application
after ex parte
determination
that such
order should
be issued.
Issued by the
court after notice
and hearing. The
court shall
schedule a
hearing on the
issuance of a PPO
prior to or on the
date of expiration
of the TPO.
TPOs shall be
effective for
30 days.
Shall be effective
until revoked by
a court.
PROTECTION ORDERS THAT MAY BE ISSUED UNDER

THIS ACT:
1. BARANGAY PROTECTION ORDER (BPO)
Protection
order
issued
by
the
Punong
Barangay ordering the perpetrator to desist from
committing acts under Section 5 (1) and (2) of this
Act. A Punong Barangay who receives applications for
a BPO shall issue the protection order to the applicant
on the date of filing after ex parte determination of
the basis of the application. BPOs shall be effective
for fifteen (15) days.
2. TEMPORARY PROTECTION ORDER (TPO)
Protection order issued by the court on the date of
filing of the application after ex parte determination
that such order should be issued. A court may grant
in a TPO any, some or all of the reliefs mentioned in
this Act and shall be effective for thirty (30) days. The
court shall schedule a hearing on the issuance of a
PPO prior to or on the date of the expiration of the
TPO.
3. PERMANENT PROTECTION ORDER (PPO)
Protection order issued by the court after notice and
hearing. A PPO shall be effective until revoked by a
court upon application of the person in whose favor
the order was issued.
(R.A. 9775)
ANTI CHILD PORNOGRAPHY ACT OF 2009
CHILD refers to
a.
a person below
eighteen (18) years of age or over, but is unable to
fully take care of himself/herself from abuse, neglect,
cruelty, exploitation or discrimination because of a
physical or mental disability or condition.
b.
a
person
regardless of age who is presented, depicted or
portrayed as a child as defined herein; and
c.
computergenerated, digitally or manually crafted images or
graphics of a person who is represented or who is
made to appear to be a child as defined herein.
CHILD PORNOGRAPHY refers to any public or private
representation, by whatever means, of a child engaged in
real or simulated explicit sexual activities or any
representation of the sexual parts of a child for primarily
sexual purposes.
CHILD PORNOGRAPHY MATERIALS refers to the means
and methods by which child pornography is carried out:
1.
As to form:
a. Visual depiction not only images of real
children but also digital image, computer

image or computer-generated image.
[e.g., (i) undeveloped film and videotapes;
(ii) stored data and/or images capable of
conversion into a visual image; (iii)
photograph, film, video, picture, digital
image or picture, computer image or picture;
(iv) drawings, cartoons, sculptures or
paintings depicting children];
b. Audio representation of a person who is
or is represented as being a child and who is
engaged in or is represented as being
engaged in explicit sexual activity, or an
audio representation that advocates,
encourages or counsels any sexual activity
with children which is an offense under this
Act.
(e.g., audio recordings and live audio
transmission conveyed through whatever
medium including real-time internet
communications);
c. Written text or material that advocates or
counsels explicit sexual activity with a child
and whose dominant characteristic is the
description, for a sexual purpose, of an
explicit sexual activity with a child.
2. As to content:
a. It includes representation of a person who is,
appears to be, or is represented as being a
child, the dominant characteristic of which is
the depiction, for a sexual purpose, of:
i. the sexual organ or the anal region, or
a representation thereof;
ii. the breasts, or a representation of the
breasts, of a female person.
EXPLICIT SEXUAL ACTIVITY includes actual or
simulated
1. sexual intercourse or lascivious act including, but not
limited to, contact involving genital to genital, oral to
genital, anal to genital, or oral to anal, whether
between persons of the same or opposite sex;
2. bestiality;
3. masturbation;
4. sadistic or masochistic abuse;
5. lascivious exhibition of the genitals, buttocks, breasts,
pubic area and/or anus; or
6. use of any object or instrument for lascivious acts
PROHIBITED ACTS
A. To hire, employ, use, persuade, induce or coerce a
child to perform in the creation or production of
any form of child pornography;
B. To produce, direct, manufacture or create any
form of child pornography;
C. To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or import
any form of child pornography;
D. To possess any form of child pornography with
the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three (3) or
more articles of child pornography of the same form
shall be prima facie evidence of the intent to sell,
distribute, publish or broadcast;
E. To knowingly, willfully and intentionally provide a
venue for the commission of prohibited acts as,

but not limited to, dens, private rooms, cubicles,
cinemas, houses or in establishments purporting to
be a legitimate business;
F. For
film
distributors,
theaters
and
telecommunication companies, by themselves or
in cooperation with other entities, to distribute any
form of child pornography;
G. For a parent, legal guardian or person having
custody or control of a child to knowingly permit the
child to engage, participate or assist in any form
of child pornography;
H. To engage in the luring or grooming of a child;
I. To engage in pandering of any form of child
pornography;
J. To wilfully access any form of child
pornography;
K. To conspire to commit any of the prohibited
acts stated in this section.
L. To possess any form of child pornography.
SYNDICATED CHILD PORNOGRAPHY
If carried out by a group of 3 or more persons
conspiring or confederating with one another.
(R.A. 8049)
ANTI HAZING LAW
HAZING is an initiation rite or practice as a prerequisite
for admission into membership in a fraternity,
sorority or organization by placing the recruit,
neophyte or applicant in some embarrassing or
humiliating situations such as forcing him to do
menial, silly, foolish and other similar tasks or
activities or otherwise subjecting him to physical or
psychological suffering or injury;
BUT it excludes those tests and procedure employed for
prospective regular members of the Armed Forces of the
Philippines (AFP) and Philippine National Police (PNP) as
approved by the Secretary of National Defense and the
National Police Commission duly recommended by the
Chief of Staff of AFP and the Director General of PNP
"ORGANIZATION" shall include: any club of the AFP, PNP,
Philippine Military Academy (PMA), or officer and cadet
corps of the Citizen's Military Training (CMT) and Citizen's
Army Training (CAT)
PROCEDURE FOR ALLOWED HAZING
A. Written notice must be given to the school authorities
or head of organization seven (7) days prior to the
conduct of initiation
B. The written notice must indicate:
a. That the period of
initiation activities
will not exceed
three (3) days,
b. The
names
of
those
to
be
subjected to such
activities, and
c. An
undertaking
that no physical
violence
be
employed
C. Two (2) representatives of the school or organization
must be assigned to be present during the initiation;

they shall ensure that no physical harm will be
inflicted
WHO ARE LIABLE
A. As principals
1. T
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p
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PRIMA FACIE EVIDENCE OF PARTICIPATION AS
PRINCIPAL
The presence of any person during the hazing
unless he prevented the commission of the acts
punishable herein
The
above-mentioned
liabilities
shall
apply
to
the
president, manager, director or other responsible

officer of a corporation engaged in hazing as a
requirement for employment in the manner provided
herein.
Any person charged under this provision shall not be
entitled to the mitigating circumstance that there was
no intention to commit so grave a wrong.
R.A. 7610
SPECIAL PROTECTION OF CHILDREN AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION ACT
CRIMES PUNISHABLE
CHILD PROSTITUTION AND OTHER SEXUAL ABUSE
WHO ARE CHILDREN EXPLOITED IN PROSTITUTION
AND OTHER SEXUAL ABUSE
Children, whether male or female, who for money, profit,
or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in
sexual intercourse or lascivious conduct
WHO ARE LIABLE
1. Those who engage in or promote, facilitate or induce
child prostitution
(e.g., acting as procurer of or taking advantage of
influence or relationship to procure a child prostitute,
inducing a person to be a client of child prostitute,
threatening or using violence towards or giving
monetary consideration or goods to a child to engage
him in prostitution);
2. Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in
prostitution or subjected to other sexual abuse;
3. Those who derive profit or advantage therefrom.
(e.g., as manager/owner of the establishment where
child prostitution takes place);
ATTEMPT TO COMMIT CHILD PROSTITUTION
1. Any person, not being a relative of the child, is found
alone with the said child in a hidden or secluded area
under circumstances which lead a reasonable person
to believe that the child is about to be exploited in
prostitution and other sexual abuse; and
2. Any person who receives services from a child in a
sauna parlor or bath, massage clinic, health club, and
other similar establishments
CHILD TRAFFICKING
Any person who shall engage in trading and dealing with
children including, but not limited to, the act of
buying and selling of a child for money, or for any
other consideration, or barter
ATTEMPT TO COMMIT CHILD TRAFFICKING
1. When a child travels alone to a foreign country
without valid reason therefor and without clearance
issued by the Department of Social Welfare and
Development or written permit or justification from
the child's parents or legal guardian;
2. When a person, agency, establishment or child-caring
institution recruits women or couples to bear children
for the purpose of child trafficking; or
3. When a doctor, hospital or clinic official or employee,
nurse, midwife, local civil registrar or any other
person simulates birth for the purpose of child
trafficking; or
4. When a person engages in the act of finding children

among low-income families, hospitals, clinics,
nurseries, day-care centers, or other child-during
institutions who can be offered for the purpose of
child trafficking
OBSCENE PUBLICATIONS AND INDECENT SHOWS
1. Any person who shall hire, employ, use, persuade,
induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live or in
video, or model in obscene publications or
pornographic materials or to sell or distribute the said
materials, or
2. Any ascendant, guardian, or person entrusted in any
capacity with the care of a child who shall cause
and/or allow such child to be employed or to
participate in an obscene play, scene, act, movie or
show or in any other acts covered hereunder
OTHER ACTS OF ABUSE
1. Any person who shall commit any other acts of child
abuse, cruelty or exploitation or to be responsible for
other
conditions
prejudicial
to
the
child's
development
2. Any person who shall keep or have in his company a
minor, twelve (12) years or under or who in ten (10)
years or more his junior in any public or private place,
hotel, motel, beer joint, discotheque, cabaret, pension
house, sauna or massage parlor, beach and/or other
tourist resort or similar places (this provision shall not
apply to any person who is related within the fourth
degree of consanguinity or affinity or any bond
recognized by law, local custom and tradition or acts
in the performance of a social, moral or legal duty)
3. Any person who shall induce, deliver or offer a minor
to any one prohibited by this Act to keep or have in
his company a minor as provided in the preceding
paragraph
4. Any person, owner, manager or one entrusted with
the operation of any public or private place of
accommodation, whether for occupancy, food, drink
or otherwise, including residential places, who allows
any person to take along with him to such place or
places any minor herein described
5. Any person who shall use, coerce, force or intimidate
a street child or any other child to:
a. Beg or use begging as a means of living;
b. Act as conduit or middlemen in drug
trafficking or pushing; or
c. Conduct any illegal activities
SANCTIONS
FOR
ESTABLISHMENTS
OR
ENTERPRISES
All establishments and enterprises which promote or
facilitate any of the acts punishable under this Act shall
be:
1. immediately closed,
2. their authority or license to operate
cancelled
3. without prejudice to the owner or manager
thereof being prosecuted, and
4. a sign with the words "off limits" shall be
conspicuously
displayed
outside
the
establishments or enterprises by the
Department
of
Social
Welfare
and
Development (DSWD) for such period which
shall not be less than one (1) year, as the
Department
may
determine
(The
unauthorized removal of such sign shall be

punishable)
WHEN DEEMED TO PROMOTE OR FACILITATE ANY OF
THE ACTS PUNISHABLE: if the acts constituting the
same occur in the premises of said establishment
The same presumption apply to an enterprise such as a
sauna, travel agency, or recruitment agency which:
a. promotes the aforementioned acts as part of
a tour for foreign tourists;
b. exhibits children in a lewd or indecent show;
c. provides child masseurs for adults of the
same or opposite sex and said services
include any lascivious conduct with the
customers; or
d. solicits children or activities constituting the
aforementioned acts
WORKING CHILDREN
Children below fifteen (15) years of age shall not be
employed, except:
a. When a child works directly under the sole
responsibility of his parents or legal guardian
and where only members of the employer's
family are employed: Provided, however,
That his employment neither endangers his
life, safety and health and morals, nor
impairs his normal development: Provided,
further, That the parent or legal guardian
shall provide the said minor child with the
prescribed
primary
and/or
secondary
education; or
b. When a child's employment or participation
in public & entertainment or information
through cinema, theater, radio or television
is essential: Provided, The employment
contract concluded by the child's parent or
guardian, with the express agreement of the
child concerned, if possible, and the
approval of the Department of Labor and
Employment: Provided, That the following
requirements in all instances are strictly
complied with:
i.
The
employer
shall
ensure
the
protection, health, safety and morals of
the child;
ii. The employer shall institute measures
to prevent the child's exploitation or
discrimination taking into account the
system and level of remuneration, and
the duration and arrangement of
working time; and
iii. The employer shall formulate and
implement, subject to the approval and
supervision of competent authorities, a
continuing program for training and skill
acquisition of the child
In the above exceptional cases: the employer shall
first secure a work permit from the Department of
Labor and Employment (DOLE) which shall ensure
observance of the above requirement
R.A. 9344
JUVENILE JUSTICE AND WELFARE ACT OF 2006
CHILD refers to a person under the age of 18 years.
CHILD AT RISK refers to a child who is vulnerable to and

at the risk of committing criminal offenses because of
personal, family and social circumstances, such as,
but not limited to, the following:
a. being abused by any person through sexual,
physical, psychological, mental, economic or
any other means and the parents or
guardian refuse, are unwilling, or unable to
provide protection for the child;
b. being exploited including sexually or
economically;
c. being abandoned or neglected, and after
diligent search and inquiry, the parent or
guardian cannot be found;
d. coming from a dysfunctional or broken
family or without a parent or guardian;
e. being out of school;
f.
being a streetchild;
g. being a member of a gang;
h. living in a community with a high level of
criminality or drug abuse; and
i.
living in situations of armed conflict.
CHILD IN CONFLICT WITH THE LAW refers to a child
who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws
YOUTH DETENTION HOME refers to a 24-hour childcaring
institution
managed
by
accredited
local
government units (LGUs) and licensed and/or accredited
nongovernment organizations (NGOs) providing shortterm residential care for children in conflict with the law
who are awaiting court disposition of their cases or
transfer to other agencies or jurisdiction
JUVENILE JUSTICE AND WELFARE SYSTEM refers to a
system dealing with children at risk and children in
conflict with the law, which provides child-appropriate
proceedings, including programs and services for
prevention, diversion, rehabilitation, re-integration and
aftercare to ensure their normal growth and development.
OUTLINE OF THE SYSTEM
A. INITIAL CONTACT WITH-THE CHILD refers to the
apprehension or taking into custody of a child in
conflict with the law by law enforcement officers or
private citizens. It includes the time when the child
alleged to be in conflict with the law receives a
subpoena under Section 3(b) of Rule 112 of the
Revised Rules of Criminal Procedure or summons
under Section 6(a) or Section 9(b) of the same Rule in
cases that do not require preliminary investigation or
where there is no necessity to place the child alleged
to be in conflict with the law under immediate
custody.
B.
DIVERSION refers to an alternative, child-appropriate

process of determining the responsibility and
treatment of a child in conflict with the law on the
basis
of
his/her
social,
cultural,
economic,
psychological or educational background without
resorting to formal court proceedings
DIVERSION PROGRAM refers to the program that the

child in conflict with the law is required to undergo after
he/she is found responsible for an offense without
resorting to formal court proceedings.
The following children in conflict with law shall undergo
diversion programs:
Where the imposable penalty for the crime
committee is not more than six (6) years
imprisonment, or
In victimless crimes where the imposable
penalty is not more than six (6) years
imprisonment
But where the imposable penalty for the
crime committed exceeds six (6) years
imprisonment, diversion measures may be
resorted to only by the court
C. PROSECUTION
The prosecutor shall conduct a preliminary investigation in
the following instances:
a. when the child in conflict with the law
does not qualify for diversion;
b. when the child, his/her parents or
guardian does not agree to diversion as
specified in Sections 27 and 28;
c. when considering the assessment and
recommendation of the social worker,
the
prosecutor
determines
that
diversion is not appropriate for the child
in conflict with the law
Upon serving the subpoena and the affidavit of complaint,
the prosecutor shall notify the Public Attorney's Office
(PAO) of such service, as well as the personal information,
and place of detention of the child in conflict with the law.
Upon determination of probable cause by the prosecutor,
the information against the child shall be filed before the
Family Court within forty-five (45) days from the start of
the preliminary investigation.
D.
COURT PROCEEDINGS
Children detained in a Youth Detention

Center pending trial may be released on
bail or recognizance
Where the maximum penalty imposed

by law for the offense with which the
child in conflict with the law is charged
is imprisonment of not more than twelve
(12) years, regardless of the fine or fine
alone regardless of the amount, and
before arraignment of the child in
conflict with the law, the court shall
determine whether or not diversion is
appropriate
When the accused, who was a child at

the time of the commission of the
offense, is found guilty, the court shall:
a. Determine and ascertain any civil liability
b. Place the child under suspended sentence
without
need
of
application
(i.e.,
automatically), instead of pronouncing
judgment of conviction
The automatic suspension applies even if
accused is already of legal age at the time of
pronouncement of guilt
E. REHABILITATION AND REINTEGRATION

No child shall be received in any rehabilitation or training
facility without a valid order issued by the court after a
hearing for the purpose
INTERVENTION refers to a series of activities which are
designed to address issues that caused the child to
commit an offense.
RESTORATIVE JUSTICE refers to a principle which
requires a process of resolving conflicts with the
maximum involvement of the victim, the offender and the
community.
YOUTH REHABILITATION CENTER refers to a 24-hour
residential care facility managed by the Department of
Social Welfare and Development (DSWD), LGUs, licensed
and/or accredited NGOs monitored by the DSWD, which
provides care, treatment and rehabilitation services for
children in conflict with the law. Rehabilitation services are
provided under the guidance of a trained staff where
residents are cared for under a structured therapeutic
environment with the end view of reintegrating them into
their families and communities as socially functioning
individuals. Physical mobility of residents of said centers
may be restricted pending court disposition of the charges
against them.
AGE AND DETERMINATION
AGE
< 15 years (less than or
equal to 15 years)
15 but 18 (more
than or equal to 15 but
less than or equal to 18
years)
Minor delinquent
18 but 70 (more
than or equal to 18 but
less than or equal to 70
years)
70 (more than or
equal to 70 years)
necessarily consecutive.
It shall be the duty of the teacher in charge to
report to the parents the absences of the child
the moment these exceed five schooldays.
8. Improperly exploits the child by using him,
directly or indirectly, such as for purposes of
begging and other acts which are inimical to his
interest and welfare.
9. Inflicts cruel and unusual punishment upon the
child or deliberately subjects him to indignation
and
other
excessive
chastisement
that
embarrass or humiliate him.
10. Causes or encourages the child to lead an
immoral or dissolute life.
11. Permits the child to possess, handle or carry a
deadly weapon, regardless of its ownership.
12. Allows or requires the child to drive without a
license or with a license which the parent knows
to have been illegally procured. If the motor
vehicle driven by the child belongs to the parent,
it shall be presumed that he permitted or ordered
the child to drive.
7.
CRIMINAL
RESPONSIBILITY
Absolute
irresponsibility,
exempting circumstance
Conditional responsibility
a. Without discernment
not
criminally
liable;
subject
to
an
intervention program
b. With
discernment
criminally liable
Sentence is suspended
Full responsibility
Mitigated
responsibility,
no
imposition of death penalty,
execution of death sentence may
be suspended and commuted
P.D 603
Child and Youth Welfare Code
PUNISHABLE ACTS
Criminal liability shall attach to any parent who:
1. Conceals or abandons the child with intent to
make such child lose his civil status.
2. Abandons the child under such circumstances as
to deprive him of the love, care and protection he
needs.
3. Sells or abandons the child to another person for
valuable consideration.
4. Neglects the child by not giving him the
education which the family's station in life and
financial conditions permit.
5. Fails or refuses, without justifiable grounds, to
enroll the child as required by Article 72.
6. Causes, abates, or permits the truancy of the
child from the school where he is enrolled.
"Truancy" as here used means absence without
cause for more than twenty schooldays, not

8. CRIMES AGAINST PERSONS
==================================
=====
9. Crimes Against Personal liberty and Security
==================================
=====
Chapter 1: Crimes against Liberty
Sec. 1 - Illegal detention
Sec. 2 - Kidnapping of minors
Chapter 2: Crimes against Security
Sec. 1 - Abandonment of helpless persons
and exploitation of minors
Sec. 2 - Trespass to dwelling
Sec. 3 - Threats and Coercion
Chapter 3: Discovery and Revelation of Secrets
R.A. 9372
R.A. 4200
R.A. 9208
==================================
==============
Chapter 1: Crimes against Liberty
==================================
==============
SECTION 1. - ILLEGAL DETENTION
ARTICLE 267. KIDNAPPING AND SERIOUS ILLEGAL
DETENTION
ELEMENTS:
That the offender is a private individual;
That he kidnaps or detains another, or in any

other manner deprives the latter of liberty;
That the act of detention or kidnapping must be

illegal; and
That in the commission of the offense, any of the

following circumstances are present (detention
becomes serious):
a. that the kidnapping/detention lasts for more
than 3 days,
b. committed by 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: If any of these are present, purpose of
detention is immaterial
DEATH is imposed in the following instances: [death

penalty suspended]
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
circumstances are present in the commission of the
offense; and
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.
NOTES:
It is true that for kidnapping to take place, it is

not necessary that the victim be placed in an
enclosure; neither is it necessary that the detention
be prolonged or permanent. However, the essence of
kidnapping is the actual deprivation of the victim's
liberty coupled with indubitable proof of the intent of
the accused to effect such deprivation 35.
The victims lack of consent is also a
fundamental element of kidnapping and serious
illegal detention. The involuntariness of the seizure
and detention is the very essence of the crime.
Although the victim may have inceptually consented
to go with the offender to a place but the victim is
thereafter prevented, with the use of force, from
leaving the place where he was brought to with his
consent and is detained against his will, the offender
is guilty of kidnapping and serious illegal detention 36.
Actual demand for ransom is not necessary
When detention is for purpose of extorting
ransom, its not necessary that one or any of the four
circumstances enumerated in (4) are present
Essential that there be actual confinement or
restriction of the person of the offended party
Detention is illegal when not ordered by
competent authority or not permitted by law
Detention for more than 3 days not necessary
when any of the other circumsances are present
Special complex crime of kidnapping with
murder or homicide where the person kidnapped is
killed in the course of the detention regardless of
whether the killing was purposely sought or was
erely an afterthough
When murder and not kidnapping - when the
victim is taken from one place to another solely for
35
36
People v. Obeso, G.R. No. 152285, October 24, 2003

People v. Pickrell G.R. No. 120409, October 23, 2003
the purpose of killing him, the crime committed is

murder
If Primary and ultimate purpose is to kill, and
detention was only incidental
Specific intent is determinative of whether the
crime committed is murder or kidnapping
Must be alleged in information and proven by
prosecution
ILLEGAL DETENTION
Committed by a private
individual who unlawfully
kidnaps, detains or
otherwise deprives a
person of liberty.
Crime is against personal
liberty and security
ARBITRARY
DETENTION
Committed by a public
officer or employee who
has duty under law to
detain a person who
detains a person without
legal ground
Crime against the
fundamental law of the
State
HOWEVER, if such public officer has no duty to detain a

person (e.g. sanitary inspector or clerk), and he detains a
person, he is liable under this article
ART. 268. SLIGHT ILLEGAL DETENTION
ELEMENTS:
That the offender is a private person;
That he kidnaps or detains another or in any other

manner deprives the liberty or he furnishes the place
for the perpetuation of the detention;
That the act of detention or kidnapping must be

illegal;
That the crime is committed without the attendance

of any of the circumstances enumerated in Art.
267.
NOTE: If the participation is to furnish the place for the
crime, he is raised to a real co-principal. But if the
cooperation is by any other act than furnishing the place,
penalty is one degree lower.
PRIVILEGED
MITIGATING
CIRCUMSTANCE
(VOLUNTARY RELEASE):
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.
NOTE:
Three requisites must concur
Must be shown by the offender that he was in a

position to prolong the detention for more than 3
days and yet he released the person detained w/in
that time
Voluntary release is not considered privileged

mitigating if the victim is a woman (considered
serious illegal detention)
ART. 269. UNLAWFUL ARREST
ELEMENTS:
1. That the offender arrests or detains another
person;
2. That the purpose of the offender is to deliver him
to the proper authorities; and
3. That the arrest or detention is not authorized by
law or there is no reasonable ground therefor.
NOTE:
NOTE:
Offender is any person. Either a public officer or

private individual may be liable.
Public officer either has no authority to arrest or
detain a person or has not acted in his official
capacity
Arrest/ detention refers to warrantless arrests.
DELAY IN THE
DELIVERY OF
DETAINED PERSONS
TO THE PROPER
JUDICIAL AUTHORITIES
(ART 125)
the detention is for some
legal ground
ARBITRARY
DETENTION
the detention is for some
legal ground
UNLAWFUL ARREST
Inducement must be actual, committed with

criminal intent and determined by a will to cause
damage.
The minor should not leave his home of his own
free will.
Mitigated if committed by the father or mother
of the victim.
to induce = to influence, to prevail on, to move
by persuasion, to incite by motives
The minor need not actually abandon his home
or home of guardian. Mere commission of any
act which tends to influence, persuade or prevail
on a minor to abandon his home is what
constitutes a crime.
Mitigated if committed by the father or mother
of the victim. applies to Arts. 270 and 271
SECTION 3. SLAVERY AND SERVITUDE
the detention is not

authorized by law.
UNLAWFUL ARREST
the detention is not
authorized by law.
ART. 272. SLAVERY

ELEMENTS:
1. That the offender purchases, sells, kidnaps or
detains a human being; and
2. That the purpose of the offender is to enslave such
human being.
SECTION 2. KIDNAPPING OF MINORS
QUALIFYING CIRCUMSTANCE if the purpose is some

immoral traffic (Ex. Prostitution).
ART. 270. KIDNAPPING AND FAILURE TO RETURN A

MINOR
NOTE: purpose must be to enslave the victim;

otherwise, it is kidnapping or illegal detention
ELEMENTS:
That the offender is entrusted with the custody of

a minor person ; and
That he deliberately fails to restore the said minor

to his parents.
SLAVERY providing
whatsoever37
NOTE: this may also be committed by the mother or

father of the child. When committed by a parent, penalty
is arresto mayor.
Essential element which qualifies the crime: offender is
entrusted with the custody of the minor
KIDNAPPING &
FAILURE TO RETURN A
MINOR (ART. 270)
Punishes the deliberate
failure by the person
having the custody of the
minor to restore the
minor to
parents/guardian
KIDNAPPING AND
SERIOUS ILLEGAL
DETENTION (ART. 267)
Offender is not entrusted
with the custody of the
victim
ART. 271. INDUCING A MINOR TO ABANDON HIS

HOME
ELEMENTS:
1. That the minor is living in the home of his parents
or guardians or the person entrusted with his
custody; and
2. That the offender induces a minor to abandon
such home.
services
w/o
remuneration
ART. 273. EXPLOITATION OF CHILD LABOR

ELEMENTS:
1. That the offender retains a minor in his service;
2. That it is against the will of the minor; and
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.
NOTE: Indebtedness is not a ground for detention.
Art. 274. Services rendered under compulsion in
payment of debt
Elements:
That the offender compels a debtor to work for
him, either as household servant or farm laborer;
That it is against the debtors will; and
That the purpose is to require or enforce the
payment of a debt.
NOTE: Debtor-Creditor relationship must exist otherwise,
crime committed is coercion
SERVICES RENDERED
37
EXPLOITATION OF
Reyes v. Alojado, G.R. No. L-5671, August 24, 1910
UNDER COMPUSION IN
PAYMENT OF DEBT
(Art. 274)
Does not distinguish
whether the victim is a
minor or not
Debtor is compelled to
work for offender
Limited to household and
farm work.
Victim is a minor
Minor is compelled to
render services for debt of
parent/guardian
Service not limited to
household and farm work
==================================
==============
Chapter 2: Crimes against security
==================================
==============
SECTION 1. ABANDONMENT OF HELPLESS
PERSONS AND EXPLOITATION OF MINORS
ART. 275. ABANDONMENT OF PERSON IN DANGER
AND ABANDONMENT OF ONES OWN VICTIM
ACTS PUNISHABLE:
1. By failing to render assistance to any person whom
the offender finds in an uninhabited 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

3.
whom the offender has accidentally wounded or

injured;
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. (may be applied to a lost child).
ART. 276. ABANDONING A MINOR

ELEMENTS:
1. That the offender has the custody of a child;
2. That the child is under 7 years of age;
3. That he abandons such child; and
4. That he has no intent to kill the child when the
latter is abandoned.
NOTE:
a.
b.
against persons NOT to crimes against

security
CHILD LABOR
(Art. 273)
Abandonment must be conscious, deliberate,

and permanent.
Qualifying circumstances:
death of the minor; or
life was in danger because of the abandonment.
Parent guilty of abandoning their children shall

be deprived of parental authority.
Intent to kill cannot be presumed from the death

of the child
Such presumption applies only to crimes
ART. 277. ABANDONMENT OF MINOR BY PERSON

ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF
PARENTS
ACTS PUNISHABLE:
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;
ELEMENTS:
a. Offender has charge of the rearing or education of a
minor;
To rear means to bring to maturity by
educating, nourishing, etc.
b. He delivers said minor to a public institution or other
persons.; and
c. 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.
2. By neglecting his children by not giving them
education which their station in life requires and
financial condition permits;
ELEMENTS:
a. That the offender is a parent;
b. That he neglects his children by not giving them
education; and
c. That his station in life requires such education and
his financial condition permits it.
NOTE:
Obligation to educate children terminates if

mother and children refuse without good reason
to live with accused.
Failure to give education must be due to
deliberate desire to evade such obligation.
ABANDONMENT OF
MINOR BY PERSON
ENTRUSTED WITH HIS
CUSTODY;
INDIFFERENCE OF
PARENTS
(ART. 277)
Custody of offender is
specific for rearing or
education of minor
Minor under 18 years of
age
Minor is delivered to a
public institution or other
person
ABANDONMENT OF
MINOR (ART. 276)
Custody stated in general

terms
Minor under 7 years of
age
Minor is abandoned in
such a way to deprive him
of care and protection
ARTICLE 278. EXPLOITATION OF MINORS

ACTS PUNISHABLE:
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-
3.
4.
5.
animal tamer or circus manager or engaged in a

similar calling.
By employing any descendant under 12 in dangerous
exhibitions enumerated in the next preceding
paragraph, the offender being engaged in any of said
callings.
By delivering a child under 16 gratuitously to any
person following any of the callings enumerated in
paragraph 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.
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 paragraph 2 or to accompany any
habitual vagrant or beggar, the offender being any
person.
EXPLOITATION OF
MINORS
(ART. 278, PAR 5)
Purpose of inducing a
minor to abandon his
home is to follow any
person engaged in the
callings mentioned
Victim is under 16 years
of age
INDUCING A MINOR TO
ABANDON HIS HOME
(ART. 271)
No such purpose
Victim is under 18
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.
Offender shall be deprived of parental authority

or guardianship
Exploitation of minor must be of such a nature as

to endanger his life or safety
Art. 279. Additional penalties for other offenses
The offender is liable not only for the abandonment or
exploitation but also for all its consequences. If as a
result, physical injuries or death resulted, another crime
is committed by authority of Article 279.
SECTION 2. TRESPASS TO DWELLING
ART. 280. QUALIFIED TRESPASS TO DWELLING
ELEMENTS:
1. That the offender is a private person;
2. That he enters the dwelling of another; and
3. That such entrance is against the latters will.
QUALIFYING CIRCUMSTANCE: If the offense
committed by means of violence or intimidation.
NOTE:
is
There must be an opposition on the part of the

owner of the house to the entry of the accused.
Mere absence of his consent or permission is
not enough.
Prohibition may be express or implied
Dwelling: any building or structure exclusively

devoted for rest and comfort, depends upon use;
maybe a room; implied prohibition depending on
circumstances
Implied prohibition is present considering the
following situation. Ex. Felony was committed
late at night and everyones asleep or entrance
was made through the window.
Prohibition must exist prior to or at the time of
entrance
Prohibition is not necessary when violence or
intimidation is employed by the offender.
Violence or intimidation may take place
immediately after the entrance
Prohibition is not necessary when violence or
intimidation is employed by the offender.
When there is no overt act of the crime intended
to be committed (Ex. theft), the crime is trespass
to dwelling.
Trespass may be committed even by the owner
of the dwelling against the actual occupant
thereof.
If the offender is a public officer, the crime
committed is violation of domicile under Art. 128
NOT APPLICABLE TO:

1.
Where the entrance is for the purpose of
preventing harm to himself, the occupants or a third
person.
2.
Where the purpose is to render some service to
humanity or justice.
3.
When the accused entered the dwelling through
the window, he had no intent to kill any person
inside. His intention to kill came to his mind when he
was being arrested by the occupants thereof. Hence,
the crime of trespass to dwelling is a separate and
distinct offense from frustrated homicide.
ART. 281. OTHER FORMS OF TRESPASS
ELEMENTS:
1. That the offender enters the closed premises or
the fenced estate of another;
PREMISES signifies a distinct and definite locality
which is fixed
2. That the entrance is made while either of them is
uninhabited;
3. That the prohibition to enter be manifest; and
4. That the trespasser has not secured the
permission of the owner or the caretaker thereof.
QUALIFIED TRESPASS
TO DWELLING (ART.
280)
Offender is a private
person
The offender enters a
dwelling house
Inhabited
Act constituting the crime
is entering the dwelling
against will of owner
Prohibition from entering
may be express or implied
OTHER FORMS OF
TRESPASS (ART. 281)
Offender is any form of
person
Offender enters closed
premises or fenced estate
Uninhabited
Entering
of
closed
premises
without
permission
Prohibition
must
be
manifest
SECTION 3. THREATS AND COERCION

ART. 282. GRAVE THREATS
ACTS PUNISHABLE:
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.
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.
ELEMENTS OF ACT NO. 1:
4. That the offender threatens another person with the
infliction upon the latters person, honor or property,
or upon the latters family, of any wrong
5. The wrong amounts to a crime
6. There is demand for money of that any other
condition is imposed even if not unlawful
7. That the offender attains his purpose
ELEMENTS OF ACT NO. 3:
11 That the offender threatens another person with the
infliction upon the latters person, honor or property,
or upon the latters family, of any wrong
11 The wrong amounts to a crime
11 The threat is not subject to a condition
NOTE:
Aggravating circumstances: (1) if made in writing, or

(2) made through a middleman.
The crime is frustrated if the threat was not received

by the person being threatened.
Consummated as soon as the threats come to
the knowledge of the person threatened
Threat must not made in heat of anger, because such

threat would be punished as Other Light Threats
Grave threats may be committed by indirect

challenge to a gun fight, even if complainant was
absent when challenge was made; it is sufficient that
threats came to knowledge of offended party
Threats made in connection with the commission of

other crimes are absorbed by the latter
The offender in grave threats does not demand the

delivery on the spot of the money or other personal
property asked by him
Thats robbery by intimidation
Essential that there be intimidation: that theres a

promise of some future harm or injury
Act threatened to be done must be wrong

ART. 283. LIGHT THREATS
ELEMENTS:
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 either attained or not
attained his purpose
NOTE:
In light threats, the wrong threatened does not
amount to a crime.
Requires that there be a demand of money or that
other condition be imposed
Blackmailing may be punished under this provision.
ART. 284. BOND FOR GOOD BEHAVIOUR
The person making the threats under the 2 preceding

articles (grave and light threats) may also be
required by the court to give bail conditioned upon
the promise not to molest the person threatened.
ART. 284
Bond for good behavior
Only for grave threats and
light threats
It is an additional penalty
If he shall faill to give bail,
he shall be sentenced to
destierro
ART. 35
Bond to keep the peace
Application
not
to
particular cases onlt
Distinct penalty
If he failes to give the
bond, he shall be detained
for a period not exceeding
6 months if prosecuted for
grave or less grave felony
or 30 days if prosecuted
for light felony
ART. 285. OTHER LIGHT THREATS

ACTS PUNISHABLE:
By threatening another with a weapon (even if
theres no quarrel), or by drawing a weapon in a
quarrel, unless it be in lawful self-defense.
By orally threatening another, in the heat of anger,
with some harm constituting a crime, without
persisting in the idea involved in the threat.
By orally threatening another with harm not
constituting a felony.
NOTE:
No demand for money or condition involved
Threat is not deliberate

That which ordinarily are grave threats may be
considered under this article if made in the heat of
anger
Where threats are directed to a person whos absent
and uttered in a temporary fit of anger, the offense is
only light threats
ART. 286. GRAVE COERCIONS

TWO WAYS OF COMMITTING GRAVE COERCION
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
a.
prevented another from doing something
not prohibited by law or
b.
compelled another him to do something
against his will, be it right or wrong
2. that the prevention or compulsion is effected by
3.
violence, threats, or intimidation

Without authority of law or not in the exercise of any
lawful right
WHEN PREVENTING NOT CONSIDERED COERCION:

1. When a public officer prevents the ceremonies of a
religious group under Art. 132
2. When a person prevents the meeting of a legislative
assembly under Art. 143
3. When a person prevents a member of Congress from
attending meetings, expressing his opinions or
casting his vote through the use of force or
intimidation
WHEN COMPELLING NOT COERCION:
1. When a public officer compels a person to change his
residence under Art. 127
2. When a person kidnaps his debtor to compel him to
pay under Art. 267
4.
That the purpose of the offender is to apply the

same to the payment of the debt.
ELEMENTS OF PAR. 2 (UNJUST VEXATION)

Any other coercion or unjust vexation
Paragraph 2 of Art. 287 covers unjust vexation. It

includes any human conduct which, although not
productive of some physical or material harm would,
however, unjustly annoy or vex an innocent person.
Light coercion under the 1st paragraph of this article
will only be unjust vexation if the 3rd element
(employing violence or intimidation) is absent.
ART.
288.
OTHER
SIMILAR
COERCIONS
(COMPULSORY PURCHASE OF MERCHANDISE AND

PAYMENT OF WAGES BY MEANS OF TOKENS)
AGGRAVATING CIRCUMSTANCES:
Violation of the exercise of the right of

suffrage
Compelling another to perform a

religious act or
Preventing another from exercising such

right or from doing such act (as amended by RA.
7890).
ACTS PUNISHABLE:
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.
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.
NOTE: The thing prevented from execution must not be

prohibited by law. Otherwise, there will be no coercion.
Owner of a thing has no right to prevent

interference when such interference is necessary
to avert greater damage
Coercion is consummated even if the offended

party did not accede to the purpose of the
coercion
GRAVE COERCION
ILLEGAL DETENTION
Intent to deprive the
Intent to deprive liberty
offended party of his
present
liberty is not clear
ELEMENTS OF NO. 1:
1. That the offender is any person, agent or officer of
any association or corporation.
2. That he or such firm or corporation has employed
laborers or employees
3. 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 him or
from said firm or corporation.
GRAVE COERCION
If the offended party is
NOT a prisoner,
extracting information,
using force or
intimidation is coercion
GRAVE COERCION
Act of preventing by
force was made at the
time the offended party
was doing or about to do
the act prevented
MALTREATMENT OF
PRISONERS
If the offended party is a
prisoner, extracting
information, using force or
intimidation is
maltreatment
UNJUST VEXATION
Act of preventing by force
was already done when
the violence was exerted
ART. 287. LIGHT COERCIONS

ELEMENTS OF PAR. 1:
1. That the offender must be a creditor of the
offended party;
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; and
ELEMENTS OF NO. 2:
1. That the offender pays the wages due a laborer or
employee employed by him by means of tokens or
objects
2. That those tokens or objects are other than the legal
tender currency of the Philippines.
3. That such employee or laborer does not expressly
request that he be paid by means of tokens or
objects.
ART.
289.
FORMATION,
MAINTENANCE,
AND
PROHIBITION OF COMBINATION OF CAPITAL OR
LABOR THROUGH VIOLENCE OR THREATS
ELEMENTS:
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; and
2. That the purpose is to organize, maintain or prevent
coalitions of capital or labor, strike of laborers or
lockout of employees.
3. The act shall not constitute a more serious offense.
NOTE: peaceful picketing is not prohibited; must be
confined strictly and in good faith to gaining
information and to peaceful persuasion and

argument
- employing violence or making threats by picketers
may make them liable for coercion
==================================
==============
Chapter 3: Discovery and revelation of secrets
==================================
==============
ART.
290.
DISCOVERING
SECRETS
SEIZURE OF CORRESPONDENCE
THROUGH
ELEMENTS:
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; and
4. That offender is informed of the contents or the
papers or letters seized.
NOTE:
SEIZE - to place in the control of someone a thing or to
give him the possession thereof and it is NOT necessary
that in the act, there be force or violence.
This article is not applicable to parents with respect

to their minor children or to spouses with respect to
the papers or letters of either of them.
Contents of the correspondence need not be secret.

The purpose of the offender prevails.
Qualifying circumstance: When the offender reveals

the contents of such papers or letters to a 3rd
person.
This article does not require that the offended party

be prejudiced.
DISCOVERING
SECRETS THROUGH
SEIZURE OF
CORRESPONDENCE
(ART. 290)
Private individual who
seizes the papers or
letters of another to
discover the latters
secrets.
Not necessary that there
be a secret
If there was, not
necessary to be revealed
PUBLIC OFFICER
REVEALING SECRETS
OF PRIVATE
INDIVIDUAL
(ART. 230)
Public officer comes to
know of secret of any
private individual by
reason of his office.
Public officer comes to
know of secret of any
private individual by
reason of his office.
Reveals secret without
justifiable means
ART. 291. REVEALING SECRETS WITH ABUSE OF

OFFICE
ELEMENTS:
1. That the offender is a manager, employee or
servant;
2. That he learns the secrets of his principal or
master in such capacity; and
3. That he reveals such secrets.
NOTE: Damage is not required by this article. Secret
must be learned by reason of their employment

ART. 292. REVELATION OF INDUSTRIAL SECRETS
ELEMENTS:
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; and
4. That prejudice is caused to the owner.
NOTE:
Prejudice is an essential element of this offense.
The revelation of the secret might be made after the

employee or workman had ceased to be connect
connected with the establishment.
R.A. 4200
ANTI-WIRE TAPPING ACT
PERSONS LIABLE:
1.
Any person, not being authorized by all the

parties to any private communication or spoken
word:
a.
b.
taps any wire or cable; or
2.
Any person, whether or not a participant in the

above-mentioned acts:
a.
knowingly possesses any tape record, wire record,

disc record, or any other such record or copies thereof
of any communication or spoken word; or
b.
c.
replays the same for any other person/s; or
d.
furnishes transcriptions thereof, whether complete

or partial, to any other person.
A peace officer is exempt from liability if his acts

were done under lawful order of the court. However,
he can only use the recording for the case for which it
was validly requested.
Information obtained in violation of the Act is
inadmissible in evidence in any hearing or
investigation.
An extension phone is not one of those
prohibited under R.A. 4200. There must be either a
physical interruption through the wiretap or the
deliberate installation of a device or arrangement in
order to overhear, intercept or record the spoken
words.
uses any other device or arrangement, to secretly

overhear, intercept, or record such communication or
spoken word by using a device commonly known as a
dictaphone or dictagraph or walkie-talkie or tape
recorder, or however otherwise described.
communicates the contents thereof,

verbally or in writing, to any other person; or
R.A. 9372
HUMAN SECURITY ACT 2007
SURVEILLANCE OF SUSPECTS (Sec. 7)
either
The provisions of Republic Act No. 4200 (Anti-wire

Tapping Law) to the contrary notwithstanding, a
police or law enforcement official and the members of
his team may, upon a written order of the Court
of Appeals, listen to, intercept and record, with
the use of any mode, form, kind or type of
electronic or other surveillance equipment or
intercepting and tracking devices, or with the
use of any other suitable ways and means for
that purpose, any communication, message,
conversation, discussion, or spoken or written words
between members of a judicially declared and
outlawed terrorist organization, association, or
group of persons or of any person charged with
or suspected of the crime of terrorism or
conspiracy to commit terrorism.
Provided,
That
surveillance,
interception
and
recording of communications between lawyers and
clients, doctors and patients, journalists and their
sources and confidential business correspondence
shall not be authorized
RESTRICTION OF TRAVEL (Sec. 26)
In cases where evidence of guilt is not strong, and

the person charged with the crime of terrorism
or conspiracy to commit terrorism is entitled to
bail and is granted the same, the court, upon
application by the prosecutor, shall limit the right of
travel of the accused to within the municipality or city
where he resides or where the case is pending, in the
interest of national security and public safety,
consistent with Article III, Section 6 of the Constitution.
Travel outside of said municipality or city, without the
authorization of the court, shall be deemed a violation
of the terms and conditions of his bail, which shall then
be forfeited as provided under the Rules of Court.
He or she may also be placed under house arrest by order
of the court at his or her usual place of residence.
While under house arrest, he or she may not use
telephones, cellphones, e-mails, computers, the
internet or other means of communications with
people outside the residence until otherwise ordered
by the court.
The restrictions abovementioned shall be terminated upon
the acquittal of the accused or of the dismissal of the
case filed against him or earlier upon the discretion of
the court on motion of the prosecutor or of the
accused.
EXAMINATION
OF
BANK
DEPOSITS
DOCUMENTS:
1.
JUDICIAL
AUTHORIZATION (Sec. 27)
AND
The provisions of Republic Act No. 1405 as amended,

to the contrary notwithstanding, the justices of the
Court of Appeals designated as a special court to
handle anti-terrorism cases after satisfying themselves
of the existence of probable cause in a hearing called
for that purpose that
(1) a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism
(2) of a judicially declared and outlawed terrorist
organization, association, or group of persons, and
(3) of a member of such judicially declared and outlawed
organization, association, or group of persons
May authorize in writing any police or law enforcement
officer and the members of his/her team duly

authorized in writing by the anti-terrorism council to:
(a) examine, or cause the examination of, the deposits,
placements, trust accounts, assets and records in a bank
or financial institution; and
(b) gather or cause the gathering of any relevant
information about such deposits, placements, trust
accounts, assets, and records from a bank or financial
institution. the bank or financial institution concerned
shall not refuse to allow such examination or to provide
the desired information, when so ordered by and served
with the written order of the Court of Appeals
2.
APPLICATION (SEC.
28)
The written order of the Court of Appeals authorizing
the examination of bank deposits, placements, trust
accounts, assets, and records:
(1) of a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism,
(2) of any judicially declared and outlawed terrorist
organization, association, or group of persons, or
(3) of any member of such organization, association, or
group of persons in a bank or financial institution, and the
gathering of any relevant information about the same
from said bank or financial institution,
shall only be granted by the authorizing division of the
Court of Appeals upon an ex parte application to that
effect of a police or of a law enforcement official who
has been duly authorized in writing to file such ex
parte application by the Anti-Terrorism Council created
in Section 53 of this Act to file such ex parte
application, and upon examination under oath or
affirmation of the applicant and the witnesses he may
produce to establish the facts that will justify the need
and urgency of examining and freezing the bank
deposits, placements, trust accounts, assets, and
records:
(1) of the person charged with or suspected of the crime
of terrorism or conspiracy to commit terrorism,
(2) of a judicially declared and outlawed terrorist
organization, association or group of persons, or
(3) of any member of such organization, association, or
group of persons.
UNAUTHORIZED
REVELATION
OF
CLASSIFIED
MATERIALS (Sec. 46)
Any person, police or law enforcement agent, judicial
officer or civil servant who, not being authorized by
the Court of Appeals to do so, reveals in any manner
or form any classified information under this Act.
R.A. 9208
ANTI-TRAFFICKING IN PERSONS ACT OF 2003
Section 4. Acts of Trafficking in Persons. - It shall be
unlawful for any person, natural or juridical, to commit
any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or
receive a person by any means, including those done
under the pretext of domestic or overseas employment or
training or apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material,
economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any Filipino

woman to a foreign national, for marriage for the purpose
of acquiring, buying, offering, selling or trading him/her to
engage in prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt
bondage;
(c) To offer or contract marriage, real or simulated, for the
purpose of acquiring, buying, offering, selling, or trading
them to engage in prostitution, pornography, sexual
exploitation, forced labor or slavery, involuntary servitude
or debt bondage;
(d) To undertake or organize tours and travel plans
consisting of tourism packages or activities for the
purpose of utilizing and offering persons for prostitution,
pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution
or pornography;
(f) To adopt or facilitate the adoption of persons for the
purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt
bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by
means of threat or use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose of removal or
sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in
armed activities in the Philippines or abroad.
Section 5. Acts that Promote Trafficking in Persons.
- The following acts which promote or facilitate trafficking
in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used
any house, building or establishment for the purpose of
promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued,
tampered or fake counseling certificates, registration
stickers and certificates of any government agency which
issues these certificates and stickers as proof of
compliance with government regulatory and predeparture requirements for the purpose of promoting
trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or
cause
the
advertisement,
publication,
printing,
broadcasting or distribution by any means, including the
use of information technology and the internet, of any
brochure, flyer, or any propaganda material that promotes
trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud
for purposes of facilitating the acquisition of clearances
and necessary exit documents from government agencies
that are mandated to provide pre-departure registration
and services for departing persons for the purpose of
promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of
persons from/to the country at international and local
airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel
documents for the purpose of promoting trafficking in
persons;
(f) To confiscate, conceal, or destroy the passport, travel
documents, or personal documents or belongings of
trafficked persons in furtherance of trafficking or to
prevent them from leaving the country or seeking redress
from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or
make use of, the labor or services of a person held to a
condition of involuntary servitude, forced labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The
following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act
No. 8043, otherwise known as the "Inter-Country Adoption
Act of 1995" and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in
large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is
deemed committed in large scale if committed against
three (3) or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling,
guardian or a person who exercises authority over the
trafficked person or when the offense is committed by a
public officer or employee;
(e) When the trafficked person is recruited to engage in
prostitution with any member of the military or law
enforcement agencies;
(f) When the offender is a member of the military or law
enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking
in persons, the offended party dies, becomes insane,
suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS).
9. CRIMES AGAINST PERSONAL LIBERTY AND
SECURITY
==================================
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10. Crimes Against Property
==================================
===
Chapter 1: Robbery in General
Sec. 1 - Robbery with violence or
intitmidation of persons
Sec. 2 - Robbery by the use of force upon
things
Chapter 2: Brigandage
Chapter 3: Theft
PD 1612
Chapter 4: Usurpation
Chapter 5: Culpable Insolvency

Chapter 6: Swindling and Other Deceits
BP 22
Chapter 7: Chattel Mortgage
Chapter 8: Arson and Other Crimes Involving
Destructions
PD 1613
Chapter 9: Malicious Mischief
Chapter 10: Exemption from Criminal Liability in
Crimes against Property
RA 6539
==================================
==============
Chapter 1: Robbery in General
==================================
==============
ROBBERY is the taking of personal property belonging to
another, with intent to gain, by means of violence
against, or intimidation of any person, or using force upon
anything.
ARTICLE 293. WHO ARE GUILTY OF ROBBERY
ELEMENTS
1. There must be Personal property belonging
to another
2. Unlawful taking of that property
3. Taking was with Intent to gain (animus
lucrandi)
4. That there is (a) violence against or intimidation
of person or (b) force upon anything
DISTINCTIONS BETWEEN EFFECTS OF EMPLOYMENT
OF VIOLENCE OR INTIMIDATION AND USE OF FORCE
UPON THINGS
VIOLENCE AGAINST OR
FORCE UPON ANYTHING
INTIMIDATION OF
PERSONS
WHEN ROBBERY
Always, whenever
Only when force is used to
violence against or
either:
intimidation of any
a. enter the building, or
person is present
b. to break doors,
wardrobes, chests, or
any other kind of
locked or sealed
furniture or receptacle
inside the building or
to force them open
outside after taking
the same from building
BASIS OF PENALTY
When committed in an
a. result of the
inhabited house, public
violence used, and
building, or edifice devoted
b. existence of
to religious worship:
intimidation
a. value of the property
Value of personal
taken, and
property is
b. whether or not
immaterial
offenders carry arms
When committed in an
uninhabited building:
Value
of
the
property taken
NOTES:
1. Unlawful taking is complete when
a. With violence/intimidation: property must at
least be in the possession of the offender
b. With force: property must be taken out of
the building
2. Intent to gain is presumed from unlawful taking and
must concur with personal property belonging to
another
3. When violence/intimidation must take place
a. General Rule: before taking is complete
b. Exception: when violence results in
homicide, rape, intentional mutilation, or
any of the serious physical injuries under
Art. 263, par. 1 and 2 robbery will be
complexed with any of those crimes, even if
the taking was already complete when the
violence was used by the offender
4. Entrance as an element
1. General rule: necessary
2. Exception:
A. when the robbery is committed by breaking
wardrobes, chests, or any other kind of
locked or sealed furniture or receptacle
inside an inhabited house, a public building
or an edifice devoted to religious worship, or
by taking such furniture or objects away to
be broken or forced open outside [Art. 299,
subdivision (b)]; and
B. when the robbery in an uninhabited
building, other than a public building or
edifice devoted to religious worship, is
committed by breaking any wardrobe,
chest, or any sealed or closed furniture or
receptacle, or by removing a closed or
sealed receptacle even if the same be
broken open elsewhere [Art. 302, par. 4 and
5]
5. Prohibitive articles may be the subject matter of
robbery
6. Taking need not be immediately after the
intimidation
SECTION 1 ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
ART 294. ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
ACTS PUNISHABLE
1. By reason or on occasion of the robbery, homicide is
committed;
2. Accompanied w/ rape or intentional mutilation or
arson;
3. By reason or on occasion of robbery, any of the
physical injuries resulting in insanity, imbecility,
impotency, or blindness is inflicted (Art. 263, par. 1);
or serious physical injuries resulting in the loss of the
use of speech, or the power to hear or to smell, or
the loss of an eye, hand, foot, arm, leg, or the loss of
the use of any such member or incapacity for work in
w/c victim is habitually engaged is inflicted (Art. 263,
par. 2);
4. Carried to a degree clearly unnecessary for the
crime;
5. In the course of its execution, inflicts upon any
person not responsible for the commission of robbery
6.
any of the physical injuries resulting to deformity,

loss of any part of the body or the use thereof, or
illness or incapacity for the performance of the work
for > 90 days or > 30 days (Art. 263, par. 3 and 4); or
Does not cause any serious physical injuries defined
in Art. 263, or employment of intimidation only.
NOTES:
1. The crime defined in this article is a special complex
crime
2. On the occasion and by reason of the robbery
means in the course or because of robbery
PARAGRAPH 1: ROBBERY WITH HOMICIDE
a. Homicide is understood in its generic sense (i.e.,
including parricide and murder)
b. Homicide may precede or may occur after robbery;
and need not be committed in the place of robbery
c. HOWEVER, intent to take personal property
belonging to another with intent to gain must
precede the killing
d. Any person may be killed; the killing of a co-robber
is still covered
e. Participation and liability
i. Principals
All who participated as principals in the
robbery are principals in robbery with
homicide although they did not actually
take part in the killing, unless it clearly
appears they endeavored to prevent the
same38
ii. Accessory: Necessity of knowledge
There is an issue regarding the penalty
imposable against an accessory. Without
knowledge of the killing committed during
robbery. Jurisprudence39 provides that
such an accessory could not have
prevented the same, hence, should be an
accessory only to the crime of simple
robbery; Art. 53 of the RPC provides that
the penalty for an accessory is the
penalty lower by two degrees than that
prescribed by law for the consummated
felony. Since robbery cannot be
disintegrated from the special complex
crime of robbery with homicide, there is
an issue on the basis of such an
accessorys penalty
f. Distinguished from Highway Robbery
Conviction for highway robbery requires proof
that several accused were organized for the
purpose of committing it indiscriminately
PARAGRAPH 2: ROBBERY WITH RAPE
a. It is important to determine the primary objective or
intent of accused
b. Intent to gain from personal property of another must
precede the rape
c. Rape is committed on the occasion of robbery, even
if committed in another place within the house
d. When rape and homicide co-exist in the commission
of robbery, rape is considered as an aggravating
38
People v. Carrozo, 342 SCRA 600 (2000); People v.

Hernandez, G.R. No. 139697, June 15, 2004
39
People v. Doble, 114 SCRA 131; People v. Adriano y

Sanguesa, 95 SCRA 107
circumstance only to Robbery with Homicide
e. There is no Robbery with attempted rape

f. Additional rapes committed on the same occasion of
robbery will not increase the penalty
PARAGRAPH 4: ROBBERY WITH UNNECESSARY

VIOLENCE AND INTIMIDATION
a. There are two cases provided:
i. When the violence or intimidation was carried
to a degree clearly unnecessary, or
ii. When physical injuries covered by sub. 3 and
4 of Art. 263 were inflicted upon any person
not responsible for the commission of robbery
b. Violence or intimidation in the first case need not be
present before or at the exact moment when the
object is taken
i. May be committed at any time before the
owner is finally deprived of his property
PARAGRAPH 6: ROBBERY WITH VIOLENCE OR

INTIMIDATION IN OTHER CASES
11
Acts done, either by their own nature or by reason of
the circumstances under which they are executed,
must inspire fear in the person against whom they
are directed
i. objective fright (due to some act on the part of
the accused) and NOT subjective fright (fear
arising from the mere temperamental timidity
of the offended party)
THREATS TO EXTORT MONEY DISTINGUISHED FROM
ROBBERY THRU INTIMIDATION
THREATS TO EXTORT
ROBBERY THRU
MONEY
INTIMIDATION
Conditional or future
Actual and immediate
intimidation
intimidation
Intimidation may be
Intimidation is personal
through an intermediary
Intimidation may refer to
Intimidation is directed only
person, honor or property
to the offended party
of the offended party
Gain is not immediate
Gain is immediate
ROBBERY WITH VIOLENCE DISTINGUISHED FROM
GRAVE COERCION
ROBBERY WITH
GRAVE COERCION
VIOLENCE
Violence is used
Intent to gain
No intent to gain
ROBBERY DISTINGUISHED FROM BRIBERY
ROBBERY
BRIBERY
The owner of the property
The owner of the property
didnt commit a crime but
has committed a crime and
is intimidated to deprive
gives money as way to
him of his property
avoid arrest or prosecution
Deprived of money thru
Giving of money is in a
force or intimidation;
sense voluntary
neither voluntary nor
mutual
Example:
Accused, a sanitary inspector, demands
payment of an amount with threats of arrest and
prosecution after inspection in the offended partys
store. The crime committed is robbery because the
principal distinction from bribery is the voluntariness
of the transaction on the part of the owner of the

property People v. Fransisco, [G.R. No. 21390,
March 26, 1924]
ATTEMPTED OR FRUSTRATED ROBBERY WITH

HOMICIDE
1. The term homicide is used in its generic sense
2. The crime is a special complex crime
3. Attempted or frustrated robbery with serious physical
injuries is not covered; it is under Art. 48
4. There must be overt acts pointing to robbery
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 (QUALIFIED ROBBERY)
ART 298. EXECUTION OF DEEDS BY MEANS OF

VIOLENCE OR INTIMIDATION
INSTANCES QUALIFYING ROBBERY WITH VIOLENCE

AGAINST OR INTIMIDATION OF PERSONS
1. in an uninhabited place, or
2. by a band, or
3. by attacking a moving train, street car, motor vehicle
or airship, or
4. by entering the passengers compartments in a train,
or in any manner taking the passengers thereof by
surprise in the respective conveyances, or
5. on a street, road, highway or alley and the
intimidation is made with the use of firearms,
whether licensed or unlicensed.
NOTE: This article will not apply to the special complex

crimes of robbery w/ homicide, w/ rape, or w/ serious
physical injuries under paragraph 1 of Art. 263
must be alleged in the information and proved during
trial
cannot be offset by generic mitigating circumstances
ART. 296. DEFINITION OF A BAND AND PENALTY
INCURRED BY MEMBERS THEREOF
ROBBERY IS DEEMED COMMITTED BY A BAND:
When at least 4 armed malefactors take part
REQUISITES FOR LIABILITY FOR THE ACTS OF THE
OTHER MEMBERS OF THE BAND:
1. That the accused was a member of the band;
2. That he was present at the commission of a
robbery by that band;
3. That the other members of the band committed
an assault; and
4. That he did not attempt to prevent the assault.
NOTES:
1. If the robbery and assault was committed by a band
and or in conspiracy (even if it was for robbery only),
all participants are liable; unless:
a. The accused prevented the assault or
attempted to prevent; or
b. The accused is a principal by inducement as
to the commission of robbery UNLESS he
ordered such killing or the commission of
other crimes
2. Proof of conspiracy is not necessary when four or
more armed persons committed robbery
3. If rape was committed by one member of the band
w/o the knowledge of the others, he alone is guilty of
robbery with rape
ART 297. ATTEMPTED AND FRUSTRATED ROBBERY
COMMITTED UNDER CERTAIN CIRCUMSTANCES
ELEMENTS:
That the offender has intent to defraud another;
That the offender compels him to sign, execute, or

deliver any public instrument or document; and
That the compulsion is by means of violence or
intimidation
This article is not applicable if the document is void

Distinguished from grave coercion
When the offended party is under obligation to sign,
execute or deliver the document under the law or when
there is no intent to defraud, it is grave coercion
Public describes instrument only; hence, article applies
to private or commercial documents
INSTRUMENT
A mere written statement
DOCUMENT
Any written statement by
which a right is established
or
an
obligation
extinguished; a writing or
instrument by which a fact
may be proven and affirmed
SECTION 2 ROBBERY BY THE USE OF FORCE UPON

THINGS
TWO (2) INSTANCES:
1. Offender entered:
a. An inhabited house or public building or
edifice devoted to religious worship
(Art. 299), or
b. An uninhabited place or in a private
building
(Art. 302)
2. If there was no entrance, the offender broke a
wardrobe, chest, or any other kind of locked or closed
or sealed furniture or receptacle in the house or
building, or he took it away to be broken or forced
open outside
ART 299. ROBBERY IN AN INHABITED HOUSE OR
PUBLIC BUILDING OR EDIFICE DEVOTED TO
WORSHIP
SUBDIVISION (A)
A. ELEMENTS
1. That the offender entered
a. an inhabited house, or
b. public building, or
c. edifice devoted to religious worship;
2. That the entrance was effected by any of the
following means:
Through an opening not intended for
entrance or egress,
3.
B.
C.
D.
E.
F.
G.
H.
I.
J.
By breaking any wall, roof, or floor or

breaking any door or window,
By using false keys, picklocks or similar
tools, or
By using any fictitious name or pretending
the exercise of public authority; and
That once inside the building, the offender took
personal property belonging to another with
intent to gain.
There must be intention to take personal property in
entering the building
The offender must enter the building in which the
robbery was committed (i.e., whole body of the
culprit must be inside the building)
Inhabited house is any shelter, ship or vessel
constituting the dwelling of one or more persons
even though the inhabitants thereof are temporarily
absent therefrom when the robbery is committed
Public building is every building owned by the
Government or belonging to a private person but
used or rented by the Government, although
temporarily unoccupied by the same
False keys are genuine keys stolen from the owner or
any keys other than those intended by the owner for
use in the lock forcibly opened by the offender (Art.
305)
Picklock or similar tools are those specially adopted
to the commission of robbery (Art. 304)
When the false key is used to open wardrobe or
locked receptacle or drawer or inside door, it is only
theft
Using of fictitious name or pretending the exercise of
public authority must be the efficient cause of the
opening by the offended party of the door of his
house to the accused
The four means described must be resorted to by
offender to enter, not to get out
SUBDIVISION (B)
A. ELEMENTS
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; and
That the offender takes personal property belonging

to another with intent to gain, under any of the
following circumstances:
by the breaking of doors, wardrobes, chests,
or any other kind of locked or sealed
furniture or receptacle, or
by taking such furniture or objects away to
be broken or forced open outside the place
of the robbery.
B. Entrance need not be effected by any of the
means mentioned in subdivision (a)
C. Doors refer only to doors, lids, or opening
sheets of furniture or other portable receptacles
not to inside doors of house or building
D. When sealed box is taken out for the purpose of
breaking it, crime is already consummated
robbery. There is no need to actually open it
inside the building from where it was taken.
E. Distinguished from estafa or theft
1. If the box was confided into the custody of
accused and he takes the money contained
2.
therein, the crime is estafa

If the box was found outside of the building and
the accused forced it open, the crime is theft
ART 300. ROBBERY IN AN UNINHABITED PLACE AND

BY A BAND
Penalty in previous article will be the maximum period if:
Robbery with force upon things must be committed

in an uninhabited place and by a band
the inhabited house, public building, or

edifice devoted to religious worship
MUST be located in an uninhabited
place
AS OPPOSED TO: Robbery with violence against or
intimidation of persons must be committed in an
uninhabited place or by a band
ART 301. WHAT IS AN INHABITED HOUSE, PUBLIC
BUILDING, OR BUILDING DECLARED TO RELIGIOUS
WORSHIP AND THEIR DEPENDENCIES
REQUISITES FOR DEPENDENCIES
All interior courts, corrals, warehouses, granaries or
enclosed places must be:
1.
2.
Contiguous to the building;
3.
Forming part of the whole
place is still considered inhabited even

if the occupant is absent when robbery
occured
Having an interior entrance connected therewith,

and
ART. 302. ROBBERY IN AN UNINHABITED PLACE OR

IN A PRIVATE BUILDING
ELEMENTS:
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; and
3. That with intent to gain, the offender took therefrom
personal property belonging to another
NOTES:
1. Uninhabited place means an uninhabited building
2. Building includes any kind of structure for storage or
safekeeping of personal property
3. Robbery in a store
a. Art. 299 if the store is used as a
dwelling; or if the store is a dependency
of an inhabited house with an interior
entrance connected therewith
b. Art. 302 if the store is not used as a
4.
5.
dwelling
taking of mail matter or large cattle in any kind of
robbery makes the penalty higher by one degree
penalty is based on value of property taken
ART. 303. ROBBERY OF CEREALS, FRUITS, OR

FIREWOOD IN AN UNINHABITED PLACE OR PRIVATE
BUILDING
NOTES:
1. When the robbery described in Arts. 299 and
302 consists in the taking of cereals, fruits, or
firewood, the penalty is one degree lower.
a. Only when robbery is committed by the use of
force upon things
2.
a.
The palay must be kept by the owner as

seedling or taken for that purpose by the
robbers
Does not include taking sacks of hulled rice
(bigas) falls under Art. 302
ART. 304. POSSESSION OF PICKLOCKS OR SIMILAR

TOOLS
ELEMENTS
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; and
3. That the offender does not have lawful cause for
such possession
Actual use of the picklocks or similar tools is not
necessary
liability of a locksmith is higher than that of a

mere possessor
ART. 305. FALSE KEYS
WHAT CONSTITUTE
1. Picklocks or similar tools,
2. Genuine keys stolen from the owner; and
3. Any key other than those intended by owner for use
in the lock forcibly opened by the offender.
If the key was entrusted to the offender and he
used it to steal, crime is not robbery but theft.
Possession of false keys in (2) and (3) are not
punishable
==================================
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Chapter 2: Brigandage
==================================
==============
ART. 306. WHO ARE BRIGANDS PENALTY
ELEMENTS:
1.
2.
3.
There are at least 4 armed persons

They formed a band of 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, or
c. to attain by means of force and violence any
other purpose
NOTES:
1. The existence of any of the purpose mentioned is

sufficient (i.e., mere formation) to convict
2. If any of the members carries unlicensed firearm, all

are presumed highway robbers or brigands
3. Arms carried need not necessarily be firearmsas

long as they are deadly weapons
BRIGANDAGE DISTINGUISHED FROM ROBBERY BY A

BAND
BRIGANDAGE
ROBBERY BY A BAND
Purposes are those
enumerated above
Purpose is only to commit

robbery, not necessarily in
highway
Agreement to commit
robbery not limited to one
occasion
Agreement is to commit
only a particular robbery
Mere formation of a band is

sufficient to convict
It is necessary to prove
actual commission of
robbery
Both require that the offenders form a band of robbers
THINGS TO PROVE:
1. that there is an organization of more than 3 armed
persons forming a band of robbers
2. that the purpose of the band is any of those
enumerated
3. that they went upon the highway or roamed upon the
country for that purpose
4. that the accused is a member of the band
ART. 307. AIDING AND ABETTING A BAND OF
BRIGANDS
ELEMENTS:
1. That there is a band of brigands;
2. That the offender knows the band to be of
brigands; and
3. That 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, or
c. he acquires or receives the property taken by
such brigands.
PRESUMPTION OF LAW AS TO KNOWLEDGE
Any person performing any of the acts provided in this
article has performed them knowingly, unless the
contrary is proven
==================================
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Chapter 3: Theft
==================================
==============
ART. 308. WHO ARE LIABLE FOR THEFT
ELEMENTS:
That there be taking of personal property;

That said property belongs to another;
That the taking be done with intent to gain;
That the taking be done without the consent of
the owner; and
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.
b.
c.
d.
2.
a.
having found lost property,
fail to deliver the same to the local

authorities or its owner.
Retention of money/property found is theft.
What is punished is retention or failure to
return with intent to gain.
The offenders knowledge of the identity of
the owner of the property is not required.
His knowledge that the property is lost is
enough.
Those who:
a.
4.
with intent to gain,

but without violence against or
intimidation of persons nor force
upon things
take personal property of another
without the latters consent.
Those who:
3.
property taken.
The presumed inability of the
offenders to freely dispose of the stolen property
does not negate the fact that the owners have
already been deprived of their right to possession
upon the completion of the taking. People v.
Villanueva, [G.R. No. 160188, June 21, 2007],
overturning the ruling in People v. Dio, 45 O.G.
3446, 18 February 1948, and People v. Flores, C.A 62
O.G. 2644, 1964 holding that the determinative fact
of consummation of theft is the ability of the offender
to dispose freely of the articles stolen)
after having maliciously damaged

the property of another,
b. remove or make use of the fruits or
object of the damage caused by
them.
Killing the cattle of another which destroyed
his(offenders) property and getting meat
for himself is theft
Those who
a.
enter
an
enclosed
estate or a
field where
b. trespass
is
forbidden or
which
belongs
to
another and,
c. without the
consent of its
owner, hunt,
fish or gather
fruits,
cereals
or
other
farm
products
Fishing should not be in the fishpond or
fishery within the field or estate; otherwise,
it is qualified theft under Art. 310.
NOTES:
1. Unlawful taking consummates theft even in the

absence of the opportunity to dispose of the personal
Taking is consummated the moment the

offender has full possession of the thing
even if he did not have an opportunity to
dispose of the same; it does not require the
taking away or carrying away
unless the thing to be taken is bulky, it is
consummated only when the offender is
able to place it under his control and in such
a situation as he could dispose of it at once;
in the case of bulky goods, the ability to
dispose freely is restricted 40
2. The taking must be accompanied by the intention,
at the time of the taking, of withholding the thing

with character of permanency41
3. Intent to gain is presumed from the unlawful taking

a.
Except if the person takes the thing

from another believing in good faith to
be his own
4. Consent (of owner) contemplated in the element of

theft refers to consent freely given and not merely
implied from silence of the owner
a. Allegation of lack of
consent
is
indispensable
DISTINGUISHED FROM ESTAFA
THEFT
ESTAFA
If only material possession If juridical possession is
(i.e. custody of object) was transferred
(Ex.,
by
a
given to the accused and it contract of bailment) to the
is actually taken by him accused and he takes the
with no intent to return
property with intent to gain
DISTINGUISHED FROM ROBBERY
THEFT
ROBBERY
If violence or intimidation is If violence or intimidation
committed after taking is committed after taking is
complete
complete
results
in
homicide, rape, intentional
mutilation,
or
serious
physical injuries as a
special complex crime
Force is absorbed
Force is employed to enter
Sufficient that consent on Necessary that there should
the part of the owner is be a taking against the will
lacking
of the owner
5. In theft of lost property, it is necessary to prove:

40
41
People v. Flores, C.A., 62 O.G 2644
People v. Rico, et al. C.A., 50 O.G. 3103; Peple v. Galang,

et al. C.A., 43 O.G. 577
a.
b.
Time of the seizure of the things

That it was lost property belonging to
another, and
c. That the accused having had the
opportunity to return or deliver the lost
property to its owner or to the local
authorities, refrained from doing so
6. No frustrated theft
7. Actual or real gain is not necessary; enough that on
taking the property, the accused was actuated by the
desire or intent to gain
8. Unless force upon things is used to enter a building,
it is theft and not robbery EXCEPT it is robbery when
a furniture, chest, or other locked/sealed receptacle
is broken in the house or building or taken therefrom
and broken outside
9. When a person possesses part of recently stolen
property, he is presumed to be the thief of all unless
he has a satisfactory explanation of his possession
10. Theft is NOT a continuing offense
a.
ART 310. QUALIFIED THEFT

CIRCUMSTANCES
1. It is committed by a domestic servant, or
2. Committed with grave abuse of confidence, or
3. The property stolen is a:
a. motor vehicle,
b. mail matter,
c. large cattle,
d. coconut from the premises of a plantation
(whether still in the tree or deposited on the
ground),
e. fish from a fishpond or fishery
4. Committed on the occasion of calamities,
vehicular accident and civil disturbance.
NOTES:
1. Grave abuse of confidence necessitates a high
degree of confidence between the offender and
the offended party. (Ex. guests).
2. Theft is qualified if it is committed by one who
has access to the place where stolen property is
kept. (Ex. security guards, tellers)
3. Theft by laborer is only simple theft; not all theft
by housemate is qualified theft
4. Novation theory applies only when theres
contractual relationship between the accused
and complainant
5. Large cattle animal must be taken alive
OTHER CIRCUMSTANCES
1. Theft of motor vehicle
Anti-Cattle Rustling Law of 1974
ART 311. THEFT OF THE PROPERTY OF

NATIONAL LIBRARY AND NATIONAL MUSEUM
It has a fixed penalty regardless of its value
THE
P.D. 1612 & ITS IMPLEMENTING

RULES AND REGULATIONS
ANTI-FENCING LAW
I.
FENCING
1. FENCING An act, with intent to gain, of buying,
selling, receiving, possessing, keeping, or in any other
manner dealing in anything of value which a person
knows or should have known to be derived from the
proceeds of the crime of robbery or theft.
2. FENCE A person who commits the act of fencing.
A fence who receives stolen property as aboveprovided is not an accessory but a principal in the
crime defined in and punished by the Anti-Fencing
Law.
PRESUMPTION OF FENCING
Mere possession of any good, article, item,
object, or anything of value which has been the
subject of robbery or thievery shall be prima facie
evidence of fencing.
ART 309. PENALTIES

BASIS
1. The value and/or the nature of the thing taken, or
2. The circumstances or causes that impelled the culprit
to commit the crime
If there is no evidence of the value of the

property stolen, the court should:
a. impose the minimum penalty involving the
value of P5.00
b. take judicial notice of its value
Anti-Carnapping Act of 1972 (R.A. 6539)
2. Theft of large cattle
DUTY TO OBTAIN CLEARANCE OR PERMIT TO

SELL (AS AN EXCEPTION)
All stores, establishments or entities dealing

in the buy and sell of any good, article item,
object of anything of value,
The merchandise was obtained from an

unlicensed dealer or supplier,
Before offering the same for sale to the

public, and
From the station commander of the

Integrated National Police in the town or city
where such store, establishment or entity is
located.
Any person who (a) fails to secure the

clearance or permit required by this section
or (b) violates any of the provisions of the
rules and regulations to be promulgated to
carry out this section, shall upon conviction
be punished as a fence
==================================
==============
Chapter 4: Usurpation
==================================
==============
ART. 312. OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN PROPERTY
ELEMENTS
1. That the offender
takes possession of any real property, or
usurps any real rights in property;

1. That the real property or real rights belong to
another;
2. That violence against or intimidation of persons
is used by the offender in occupying real

property or usurpation of real rights in property;
and
3. That there is intent to gain
DISTINGUISHED FROM THEFT OR ROBBERY
USURPATION
THEFT OR ROBBERY
Occupation or usurpation
Taking or asportation
Involves real property or
Involves personal property
real right
Intent to gain
NOTES:
1. Violence/intimidation must be the means used in
occupying real property or usurping real right
belonging to another
2. Criminal action is not a bar to civil action for forcible
entry
Art. 313. Altering boundaries or landmarks
ELEMENTS
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; and
2. That the offender alters said boundary marks.
Intent to gain or fraudulent intent is not

necessary; mere alteration is sufficient
Alter has a general and indefinite meaning; to
make different without changing into something
else
==================================
==============
Chapter 5: Culpable Insolvency
==================================
==============
ART. 314. FRAUDULENT INSOLVENCY
ELEMENTS:
1. Offender is a debtor; that is, he has obligations due
and payable;
2. Offender absconds with his property; and
3. That there be prejudice to his creditors.
Actual
prejudice
is
required;
mere
intention to prejudice is not sufficient
o
may involve real property
INSOLVENCY LAW
That the criminal act should

have been committed after
the institution of insolvency
proceedings, before the
Law applies
FRAUDULENT
INSOLVENCY
No requirement; not
necessary that defendant
should have been adjudged
bankrupt or insolvent
==================================
==============
Chapter 6: Swindling and Other Deceits
==================================
==============
ART. 315. SWINDLING (ESTAFA)
ELEMENTS, IN GENERAL
Accused defrauded another
by abuse of confidence, or
by means of deceit; and
That damage or prejudice capable of pecuniary

estimation is caused to the offended party or third
person.
The element of damage or prejudice may consist in:
That the offended party being deprived of

his money or property, as a result of the
defraudation,
Disturbance in property rights, or
Temporary prejudice
WAYS OF COMMITTING ESTAFA
A. Estafa With unfaithfulness or abuse of
confidence
1. Altering the substance
Elements:
a. Offender has an onerous obligation to
deliver something of value;
b. That he alters its substance, quantity,
or quality; and
c. That damage or prejudice is caused to
another.
when theres no agreement as to the
quality of the thing to be delivered, the
delivery of the thing not acceptable to
the complainant is not estafa
crime may arise even though the
obligation is based on an immoral or
illegal consideration
2.
By misappropriation or
conversion
2.1.Elements
a. 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;
b. That there be misappropriation or
conversion of such money or property by
the offender, or denial on his part of such
receipt;
c. That such misappropriation or conversion or
denial is to the prejudice of another; and
d. That there is a demand made by the
offended party to the offender.
2.2.NOTES:
a. Juridical possession (right of possession
which may be set up against its owner)
is transferred
i. As opposed to (a) transfer of
material possession which results
in theft, or (b) transfer of
ownership which results in civil
liability only
ii. It is presumed that the
possession of, and title to, the
iii.
iv.
thing delivered remains in the

owner, when the delivery of a
chattel has not the effect of
transferring the juridical
possession thereof, or title
thereto
Includes quasi-contracts and
certain contracts of bailment
(deposit, lease, commodatum,
but not mutuum [loan of money])
Criminal liability for estafa is not
affected by subsequent novation
of contract after estafa has
already been consummated or
incurred, or after criminal
information/complaint has
already been filed
b.
Second element: 3 ways of

committing estafa w/ abuse of
confidence: Misappropriation,
conversion, denial
i. Misappropriation is to take
something for ones own benefit
ii. Conversion is to use or dispose
of anothers property as if it were
ones own
c.
Third element: Prejudice refers to

another or any third person and not
merely to the owner
i. A partner may be liable for
estafa if he misappropriates the
share of another partner in
profits or if he receives
money/property for a specific
purpose and later
misappropriates it
d.
Fourth element: Demand is not

required by law; but it is necessary to
provide circumstantial evidence, if there
is failure to account upon demand
Demand is not dispensed with even if:
i. the offender cannot be located;
BUT in People v. Villegas [56
O.G. 11, 1938], if the offender
is in hiding, it is a clear indication
of a premeditated intention to
abscond with the thing received
and the offender could not have
complied with the demand even
if made, hence, demand is not
necessary or
ii. there was an agreement upon
specific time for delivery or
return of the things received;
BUT in People v. Librea [48
O.G. 5305], if the receipt signed
by the accused stipulated a
specified date for the return of
the thing, such specified date is
in itself a demand dispensing
with the need for a subsequent
demand to be made
e.
There is no estafa through negligence
ESTAFA WITH ABUSE OF CONFIDENCE VS. THEFT

CONFIDENCE
Offender receives the thing
from the offended party
If in receiving the thing, the
offender acquired not only
material but also juridical
possession of the thing
THEFT
Offender takes the thing
If in receiving the thing, the
offender acquired only
material or transitory
possession, while the
juridical possession remains
with the offended party
TEST TO DISTINGUISH ESTAFA FROM THEFT:

Whether or not the owner expects the immediate return
of the thing he delivered to the accused:
a.
if yes, it is theft;
b.
otherwise, it is
estafa;
unless the offender is a servant, domestic,
or employee where custody is only
precarious and for a temporary purpose or
for a short period, hence, juridical or
constructive possession remains with the
owner (Constructive possession is when the
owner still has under his control and
management and subject to his disposition
the thing even if actual physical possession
is already transferred)
DISTINGUISHED FROM MALVERSATION
MALVERSATION
CONFIDENCE
Offenders are entrusted with funds or property
Continuing offense
Always involves private
Involves public funds or
funds
property
Offender is a private
Offender is a public officer
individual, or a public
accountable for public funds
officer not accountable for
public funds
Committed by
Committed by
misappropriating,
appropriating, taking or
converting, denying having
misappropriating or
received money
consenting, or, through
abandonment or
negligence, permitting
another to take
3.
By taking undue advantage of

the signature of the offended
party in blank
3.1.Elements
a. That the paper with the signature of
the offended party be in blank;
b. That the offended party should have
delivered it to offender;
c. That above the signature of the
offended party a document is written
by the offender without authority
to do so; and
d. That the document so written creates
a liability of, or causes damage to,
the offended party or any third person.
3.2. If the paper with signature in blank was
stolen, the crime is falsification if the
offender made it appear that the victim
participated in a transaction when in fact he
did not so participate.
B.
By means of deceit
a.
b.
c.
d.
b. The check issued must be genuine, and
Ele
me
nts
That there must be a false pretense,
fraudulent act or fraudulent means
That such false pretense, fraudulent act or
fraudulent means must be made or
executed prior to or simultaneously
with the commission of the fraud;
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; and
That as a result thereof, the offended
party suffered damage.
ESTAFA BY MEANS OF
DECEIT
Involves both material or
physical possession and
juridical possession
Always involves deceit
1.
c.
d.
e.
BOUNCING CHECKS LAW (B.P. 22) PLUS

ADMINISTRATIVE CIRCULAR NO. 12-2000 RE:
PENALTY FOR VIOLATION OF B.P. 22 AND
ADMINISTRATIVE CIRCULAR NO. 13-3001 RE:
CLASSIFICATION OF AC 12-2000
THEFT
Involves only material or
physical possession
May or may not involve
deceit
TWO WAYS OF COMMITTING:

A. BY KNOWINGLY MAKING OR DRAWING AND
ISSUING ANY CHECK WITH INSUFFICIENT FUNDS
OR CREDIT
ELEMENTS:
1. That a person makes or draws and issues
any check;
2. 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 (a) is subsequently
dishonored by the drawee bank for
insufficiency of funds or credit, or (b) would
have been dishonored for the same reason
had not the drawer, without any valid reason,
ordered the bank to stop payment.
Two ways of committing:

1. By means of false pretense or fraudulent
act, or
2. Through fraudulent means
By means of false pretense or fraudulent act
1. 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
It is indispensable that the element of
deceit (i.e., the false statement or
fraudulent representation) be made
prior to, or at least simultaneously with,
the delivery of the thing such that the
deceit uses constitutes the very cause
or the only motive which induces the
complainant to part with the thing
By altering the quality, fineness, or weight

of anything pertaining to his art or business
By pretending to have bribed any

Government employee, without prejudice to
the action for calumny which the offended
party may deem proper to bring against the
offender
By postdating a check, or issuing a check

in payment of an obligation when the
offender had no funds in the bank, or his
funds deposited therein were not sufficient
to cover the amount of the check
a. Prima facie evidence of deceit: failure to
deposit the amount necessary to cover
check within three (3) days from receipt
of notice from bank of dishonor for
insufficiency of funds
not falsified; otherwise, it is estafa by

means of false pretense or through
falsification
The obligation covered by the check
must be contracted at the time of the
issuance and delivery of the check;
otherwise (i.e., if for a pre-exisiting
obligation), there is no estafa
The accused must be able to obtain
something from the offended party by
means of the check damage done
against the offended part
There is no estafa if the postdated
checks are issued and intended merely
as a security
B.
BY FAILING TO KEEP SUFFICIENT FUNDS IN OR

CREDIT WITH THE DRAWEE BANK
ELEMENTS:
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; and
3. That the check is dishonored by the drawee
bank.
NOTES:
1.
2.
a.
The gravamen of BP 22 is the issuance of

a check; hence, the act is malum
prohibitum
It is no defense that:
Under the first way of violating BP22, the
drawer ordered the bank to stop payment, if
the check would have been dishonored for
insufficient funds had the order not been

made; unless the order was made for a valid
reason (e.g. wrong payee)
b. Under the second way of violating BP22, the
drawer had sufficient funds in or credit with
the drawee bank because the drawer is ought
to keep sufficient funds or maintain a credit
to cover the check
3.
Prima facie evidence of knowledge of
insufficiency of funds: when presented
within 90 days from the date of the
check;
Except: when the maker or drawer (a) pays the
holder thereof the amount due thereon, or (b)
makes arrangements for payment in full by the
drawee of such check within five (5) banking days
after receiving notice of dishonor
4.
An acquittal or conviction of the drawer
under the Revised Penal Code is not a
bar to his prosecution or conviction
under BP 22, because the latter law
requires the additional fact of the
drawers knowledge of lack of
insufficiency of funds
SC ADMIN. CIRCULAR 12-2000:
1.
The circular provides that in a BP22
conviction, the judge, in his discretion, may
impose fine alone, without imprisonment.
2.
The fine should be not less than but nor
more than double the amount of the dishonored
checks.
3.
The circular is not a penal law, hence
there is no retroactivity in favor of the accused.
The circular applies only to cases pending at its
effectivity. [Joya v. Galvez (2003)]
4.
The circular merely lays down a rule of
preference. It does not amend BP22. It merely
urges the courts to take into account not only the
purpose of the law but also the circumstances of
the accusedwhether he acted in good faith or on
clear mistake of faith without taint of negligence.
Thus, imprisonment may still be imposed. [Joya
vs. Galvez (2003)]
DISTINGUISHED ESTAFA BY POSDATING A CHECK
FROM BOUNCING CHECKS LAW
ESTAFA BY
BOUNCING CHECKS LAW
POSTDATING A CHECK
(B.P. 22)
[ART. 315, PAR. 2(D)]
Offender employed deceit
No deceit employed;
malum prohibitum
Payee or person using

receiving the check must
be defrauded or
damaged (damage being
the basis of penalty)
No damage necessary
Does not cover checks issued

for a pre-existing
obligation
May be issued to cover for

pre-existing obligation
1. By any of the following acts committed at a hotel,

inn, restaurant, boarding house, lodging house, or
apartment house:
a. By obtaining food, refreshment or
accommodation therein without paying
therefor, with intent to defraud the
proprietor or manager thereof
b. By obtaining credit therein by the use of
any false pretense
c. By abandoning or surreptitiously removing
any part of his baggage from therein after
obtaining credit, food, refreshment, or
accommodation therein, without paying
therefor
B.1.
Through fraudulent
means
By inducing another to sign any document
ELEMENTS:
a. That the offender induced the
offended party to sign a document
b. That deceit be employed to make him
sign the document
c. That the offended party personally
signed the document
d. That prejudice be caused
By resorting to some fraudulent practice

to insure success in a gambling game
By removing, concealing or destroying
documents
ELEMENTS:
That there be court record, office files,
documents or any other papers;
That
the
offender
removed,
concealed, or destroyed any of them
That the offender had intent to
defraud another
DISTINGUISHED FROM FALSIFICATION

ESTAFA BY INDUCING
FALSIFICATION
ANOTHER TO SIGN ANY
DOCUMENT
Misrepresentations as to the Offended party was willing
character of the documents
and ready from the
executed
beginning to sign the
document, in the belief it
contained statements
made by him; but the
offender, in preparing the
document, attributed
statements different from
those made by the
offended party
DISTINGUISHED FROM MALICIOUS MISCHIEF
ESTAFA BY DESTROYING
MALICIOUS MISCHIEF
DOCUMENTS
(ART. 327)
[ART. 315, PAR. 3(C)]
Intent to defraud
Intent to defraud is not

required
DISTINGUISHED FROM INFIDELITY IN CUSTODY OF
DOCUMENTS
ESTAFA BY REMOVING,
CONCEALING, OR
DESTROYING
DOCUMENTS [ART.
315, PAR. 3(C)]
Similar in the manner of
Offender
is
a
private
individual or even a public
officer who is not officially
entrusted
with
the
documents
Intent to defraud
INFIDELITY IN CUSTODY
(ART. 226)
committing the offense

Offender is a public officer
who is officially entrusted
with the document
Intent to defraud is not
required
TO BE OWNER
(ART. 316, PAR.1)
Involves only real property
The offender exercises or
executes, as part of the
false representation, some
act
of
dominion
or
ownership
over
the
property
2. BY DISPOSING OF REAL PROPERTY AS FREE

FROM
ENCUMBRANCE,
ALTHOUGH
ENCUMBRANCE BE NOT RECORDED
Complex crime of estafa and theft

It is committed when theft is employed as a necessary
means to commit estafa. People vs. Yusay [60 Phil. 598]
illustrates: A owns pawnshop tickets which he entrusted
to B for safekeeping. A forgot about the incident and a
week later, C took the ticket from B and refused to return
it despite insistent demands made by B.
Then C
redeemed jewels using the ticket without knowledge and
consent of A and B. C committed theft, as a necessary
means to commit estafa C took the ticket with intent to
gain and without the consent of either A or B; C then used
a fictitious name to redeem the jewels, thereby
committing estafa.
NOTE:
1.
ART 316. OTHER FORMS OF SWINDLING

NOTE: There must be actual damage, not merely intent
to cause damage, in view of the basis of the penalty
which is the value of the damage caused, as provided in
the provision
2.
1. BY CONVEYING, SELLING, ENCUMBERING, OR
3.
ELEMENTS:
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.
NOTE:
a.
b.
ESTAFA BY FALSELY
PRETENDING TO
POSSESS PROPERTY
[ART. 315, PAR. 2(A)]
The
encumbrance
must
be
legally
constituted, notwithstanding the provision
although such encumbrance be not
recorded
The offended arty must have been
deceived, i.e., he would not have granted
the loan had he known that the property
was already encumbered
If personal property is involved, apply Art.
319
3. BY WRONGFULLY TAKING BY THE OWNER OF

HIS PERSONAL PROPERTY FROM ITS LAWFUL
POSSESSOR
ELEMENTS:
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; and
4. That prejudice is thereby caused to the
possessor or third person.
NOTE:
1.
Claim of ownership is different from

pretense of ownership: the former cannot be
said to have pretended to be the owner
even if his claim is defective, hence, not
liable under this article
Distinguished from estafa by falsely
pretending to possess property
ESTAFA BY SELLING,
ENCUMBERING, OR
MORTGAGING ANY REAL
PROPERTY, PRETENDING
SUCH
ELEMENTS:
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; and
4. That the act of disposing of the real property
be made to the damage of another.
NOTE: Damage caused without deceit or without abuse

of confidence gives rise only to civil liability
MORTGAGING
ANY
REAL
PROPERTY,
PRETENDING TO BE THE OWNER OF THE SAME.
Involves either personal or

real property
Such exercise or execution
need not be present
The act is punishable as theft when the

owner of a property took it without the
consent of the lawful possessor, then
charged the possessor with the value of the
property because there is intent to gain
2. Wrongful taking does not include violence:
With intent to gain robbery
Without intent to gain grave coercion

BY EXECUTING A FICTITIOUS CONTRACT TO THE
PREJUDICE OF ANOTHER
DISTINGUISHED FROM FRAUDULENT INSOLVENCY
ESTAFA BY EXECUTING FRAUDULENT INSOLVENCY

ANY FICTITIOUS
(ART. 316)
CONTRACT
(ART. 316, PAR. 4)
Offender
simulates
a The conveyance is real and
conveyance of his property
made for a consideration
BY ACCEPTING ANY COMPENSATION FOR

SERVICES
This crime requires fraud; otherwise, solution indebiti
results for which a civil obligation arises
If the money in payment of a debt and delivered to a
wrong person and refused or failed to return the
money to the owner thereafter, it is estafa by
denial of receipt of money, under Art. 315, 1(b)
BY
SELLING
OR
MORTGAGING
OR
ENCUMBERING
REAL
PROPERTY
OR
PROPERTIES WITH WHICH THE OFFENDER
GUARANTEED
THE
FULFILMENT
OF
HIS
OBLIGATION AS SURETY
ELEMENTS:
a. That the offender is a surety in a bond
given in a criminal or civil action;
b. That he guaranteed the fulfillment of such
obligation with his real property or
properties;
c. That he sells, mortgages, or, in any
other manner encumbers said real
property;
d. That such sale, mortage or encumbrance is
i. without express authority from the
court, or
ii. made before the cancellation of his
bond, or
iii. before being relieved from the
obligation contracted by him.
PUNISHABLE ACTS
1. By defrauding or damaging another by any other
deceit not mentioned in preceding articles; and
2. By interpretating dreams, making forecasts, fortunetelling, or by taking advantage of the credulity of the
public in any other similar manner for profit or gain.
NOTE: Damage to the offended party is required
SCOPE any other kind of conceivable deceit may fall
under this article
==================================
==============
Chapter 7: Chattel Mortgage
==================================
==============
ART. 319. REMOVAL, SALE
MORTGAGED PROPERTY
NOTES:
1. It is sufficient that the offender takes
advantage of the inexperience or emotions of
the minor
2. Actual proof of deceit or misrepresentation is not
necessary
3. Real property is not included
ART. 318. OTHER DECEITS
PLEDGE
OF
ACTS PUNISHABLE
1. KNOWINGLY REMOVING MORTGAGED
PERSONAL PROPERTY
1.1.ELEMENTS:
a. That personal property is mortgaged
under the Chattel Mortage Law;
b. That the offender knows that such
property is so mortgaged;
c. 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;
d. That the removal is permanent; and
e. That there is no written consent of the
mortgagee or his executors, administrator
or assignees to such removal.
NOTE:
a. The offender need not be the mortgagor; it
may be any person
b. Purpose is to protect mortgagee who should
be able to have a ready access to, and easy
reach of the property subject of mortgage
c. Chattel mortgage must be registered
d. Removal must be coupled with intent to
defraud
e. Filing a civil action for collection instead for
foreclosure of chattel mortgage relieves the
accused of criminal responsibility
ART. 317. SWINDLING A MINOR

ELEMENTS:
That the offender takes advantage of the
inexperience or emotions or feelings of a minor;
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;
That the consideration is
some loan of money,
credit or
other personal property; and
That the transaction is to the detriment of such
minor.
OR
2.
SELLING OR PLEDGING PERSONAL PROPERTY

ALREADY PLEDGED
2.1 ELEMENTS:
a. That personal property is already pledged
under the terms of the Chattel Mortgage
Law;
b. That the offender, who is the mortgagor of
such property, sells or pledges the same or
any part thereof; and
c. 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
NOTE:
a. Damage to mortgagee is not essential
i. If damage accrues, it may give rise to
estafa by means of deceit
DISTINGUISHED FROM ESTAFA BY DISPOSING OF
ENCUMBERED PROPERTY (ART. 316)
SELLING OR PLEDGING
ESTAFA BY DISPOSING OF
PERSONAL PROPERTY
ENCUMBERED PROPERTY
ALREADY PLEDGED
(ART. 316, PAR. 2)
(ART. 319, PAR.2)
Both involve the selling of mortgaged property
Personal property is
Real property is involved
involved (except if house is
subject to chattel
mortgage)
Committed by the mere
It is sufficient that the real
failure to obtain the
property mortgaged be sold
consent of the mortgagee
as free, even though the
in writing, even if the
vendor may have obtained
offender should inform the
the consent of the
purchaser that the thing
mortgagee in writing
sold is mortgaged
Consent of mortgagee is
Consent of mortgagee is
material; knowledge as to
immaterial
encumbrance is no
Purpose is to protect the
Purpose is to protect the
mortgagee
purchaser
==================================
========
Chapter 8: Arson and Other Crimes Involving
Destruction
==================================
========
ARSON is the malicious destruction of property by fire
THREE (3) CATEGORIES OF THE CRIME OF ARSON
A. Destructive Arson (Art. 320, as amended by R.A.
7659)
B. Simple Arson (Sec. 1, P.D. 1613)
C. Other cases of arson (Sec. 3, P.D. 1613)
ART. 320. DESTRUCTIVE ARSON (AS AMENDED BY
R.A 7659)
The penalty of reclusion perpetua to death shall be
imposed upon:
1.
Any person who shall burn
a. One or more buildings or edifices, consequent to
one single act or simultaneous acts of burning
b. Building of public or private ownership generally
open to public or where people usually gather or
congregate for a purpose, regardless of whether
the offender had knowledge that there are
persons present or whether building is inhabited
or not
c. Train or locomotive, ship or vessel, airship or
airplane, for transportation or conveyance,
public use, leisure or entertainment
d. Building,
factory,
warehouse
and
any
appurtenance thereto for service of public
utilities
e. Any building to conceal/destroy incriminatory
evidence, conceal bankruptcy, defraud creditors,
or collect from insurance
f.
g.
2.
a.
b.
Arsenal, military storehouse or powder factory

and the like, archives or general museum of the
Government
Any factory/storehouse of inflammable or
explosive materials, in an uninhabited place
Two (2) or more persons or a group of persons
Irrespective of the abovementioned qualifying
circumstances, and
Regardless of whether the purpose is merely to
burn or destroy or as an overt act to commit
another violation of law
THREE (3) STAGES

1. Attempted:
offender
commences
the
commission of the crime directly by overt acts
but he does not perform all acts of execution
(i.e., was not able to light fire) due to timely
intervention of another. It is not necessary that
there be a fire (e.g., placing rags soaked in
gasoline beside the wooden wall of building)
2.
Consummated: offender was able to light fire and

to burn at least a part of building (e.g., charring of
the wood whereby the fiber of the wood is
destroyed);
Except when the contents of a building was set on
fire, no part of the building need be burned
P.D. 1613
ANTI-ARSON LAW
P.D. 1613 expressly repealed or amended Arts. 320-326(B);

P.D. 1744 then revived Art. 320; R.A. 7659 amended the
provisions of Art. 320; the provisions of P.D. 1613
inconsistent with R.A. 7659 is repealed
SIMPLE ARSON (under Sec. 1) punishable by

Prision Mayor against:
1. Any person who burns or sets fire to the property of
another
2. Any person who sets fire to his own property under
circumstances which expose to danger the life or
property of another
1.
2.
3.
4.
5.
6.
OTHER CASES OF ARSON (under Sec. 3)

punishable by Reclusion Temporal to Reclusion
Perpetua, if property burned be any of:
Any building used as offices of the government or any
of its agencies
Any inhabited house or dwelling;
It is not required that the house be occupied

by one or more persons and the offender
knew it when the house was burned
Any industrial establishment, shipyard, oil well or mine
shaft, platform or tunnel;
Any plantation, farm, pastureland, growing crop, grain
field, orchard, bamboo grove or forest;
Any rice mill, sugar mill, cane mill or mill central; and
Any railway or bus station, airport, wharf or
warehouse.
SPECIAL AGGRAVATING circumstances in arson (penalty

imposed in maximum period):
1. If committed with intent to gain;
2. If committed for the benefit of another;

3. If the offender is motivated by spite or hatred
4.
towards the owner or occupant of the property burned;

or
If committed by a syndicate.
PRIMA FACIE EVIDENCE OF GUILT

1. If the fire started simultaneously in more than one part
of the building or establishment
2. If substantial amount of flammable substances or
materials are stored within the building not of the
offender nor for household use
3. If gasoline, kerosene, petroleum or other flammable or
combustible substances or materials soaked therewith
or containers thereof, or any mechanical, electrical,
chemical, or electronic contrivance designed to start a
fire, or ashes or traces of any of the foregoing are
found in the ruins or premises of the burned building
or property
4. If the building or property is insured for substantially
more than its actual value at the time of the issuance
of this policy
5. If during the lifetime of the corresponding fire
insurance policy more than two fires have occurred in
the same or other premises owned or under control of
the offender and/or insured
6. If shortly before the fire, a substantial portion of the
effects insured and stored in a building or property had
been withdrawn from the premises except in the
ordinary course of business
7. If a demand for money or other valuable consideration
was made before the fire in exchange for the
desistance of the offender or for the safety of the
person or property of the victim
WHERE BOTH BURNING AND DEATH OCCUR
To determine what crime/s was/were perpetrated, it is
important to ascertain the main objective of the
malefactor, which may be:
a. the burning of the building or edifice, and death results
by reason or on the occasion of arson the crime is
simply arson, and the resulting homicide is absorbed;
b. to kill a particular person
i. who may be in a building or edifice, and fire is
resorted to as the means to accomplish such
goal the crime is murder only;
ii. and in fact the offender has already done so,
but fire is resorted to as a means to cover up
the killing then there are two separate and
distinct crimes committed, (1) homicide/murder
and (2) arson.
CONSPIRACY TO COMMIT ARSON
Penalty of prision mayor in its minimum period
==================================
==============
Chapter 9: Malicious Mischief
==================================
==============
MALICIOUS MISCHIEF is the wilful damaging of
anothers property for the sake of causing damage
due to hate, revenge, or other evil motive
ART. 327. WHO
MISCHIEF
ARE
LIABLE
FOR
MALICIOUS
ELEMENTS OF MALICIOUS MISCHIEF

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; and
3. That the act of damaging anothers property be
committed merely for the sake of damaging it
NOTE:
1.
2.
3.
4.
5.
There is no
malicious mischief through negligence because
under the first element, the offender should act
under the impulse of specific desire to inflict injury to
another
Presupposes
hate, revenge, or other evil motive of the offender or
the mere pleasure of destroying
Damage
includes not only loss but also diminution (e.g.
defacing anothers house)
If theres no
malice, as when damage resulted from a crime or
only incidental to the commission of another crime,
theres only civil liability
Intent to gain
by removing or making use of the fruits or objects
after damaging the property makes it theft
ART. 328. SPECIAL CASES OF MALICIOUS MISCHIEF

QUALIFIED MALICIOUS MISCHIEF:
1. Causing damage to obstruct performance of public
functions.
2. Using poisonous or corrosive substance.
3. Spreading infection or contagion among cattle.
4. Damage to property of National Museum or National
Library, or to any archive or registry, waterworks,
road, promenade, or any other thing used in common
by the public.
1st CASE OF QUALIFIED MALICIOUS MISCHIEF
DISTINGUISHED FROM SEDITION
Although both involve the intent to obstruct the
performance of public functions, the element of public
and tumultuous uprising is not present in this article.
ART. 329. OTHER MISCHIEFS
BASIS OF PENALTY
Mischiefs not included in Art. 328 are punished according
to the value of the damage caused. Even if the amount
cannot be estimated, the penalty of arresto menor or fine
not exceeding P200 is fixed by law. Example: scattering
human excrement in public building, killing of cow as an
act of revenge (value of damage cannot be estimated); a
servant who released bird from cage as act of hate
against owner (value of the bird as basis)
ART. 330. DAMAGE AND OBSTRUCTION TO MEANS
OF COMMUNICATION
NOTE:
1. It is committed by damaging any railway, telegraph,
or telephone lines
a. telegraph or telephone lines must pertain to
a railway system
2.
3.
4.
Any derailment of cars, collision, or other accident

which was a result of the damage done shall cause
for a higher imposable penalty.
The object is to merely cause damage; as opposed to
Crimes involving Destruction (Art. 324), where the
object is to cause destruction
When person or persons are killed
a. If there is no intent to kill, it is the
complexed crime of damage to means
of communication with homicide (in
relation to Art. 48)
b. If there is intent to kill, and damaging
the railways was used to accomplish
the criminal purpose, it is murder
ART. 331. DESTROYING OR DAMAGING STATUES,

PUBLIC MONUMENTS, OR PAINTINGS
==================================
=============
Chapter 10: Exemptions from Criminal Liability in
Crimes against Property
==================================
=============
ART. 332. PERSONS EXEMPT FROM CRIMINAL
LIABILITY
NOTE:
CRIMES INVOLVED IN THE EXEMPTION (TEM)
1. Theft,
2. Swindling (estafa), and
3. Malicious mischief
PERSONS EXEMPTED
1. Spouses, ascendants and descendants, or
relatives by affinity in the same line.
2. The widowed spouse with respect to the
property which 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 at the time
of the commission of the crime
Stepfather/mother, adopted father/mother, natural

children, common-law spouse, concubine, paramour
included
Does not apply to strangers participating in the

commission of the crime
Does not apply

falsification
There is only civil liability
Applicable on the relationship between the offended

party and the offender only
Reason: presumed co-ownership of the property
between the parties
to
robbery
or
estafa
through
R.A. 6539
ANTI-CARNAPPING ACT OF 1972
CARNAPPING is the taking, with intent to gain, of a
motor vehicle belonging to another without the latter's
consent, or by means of violence against or intimidation
of persons, or by using force upon things.

MOTOR VEHICLE is any vehicle propelled by any power
other than muscular power using the public highways, but
excepting road rollers, trolley cars, street-sweepers,
sprinklers, lawn mowers, bulldozers, graders, fork-lifts,
amphibian trucks, and cranes if not used on public
highways, vehicles, which run only on rails or tracks, and
tractors, trailers and traction engines of all kinds used
exclusively for agricultural purposes. Trailers having any
number of wheels, when propelled or intended to be
propelled by attachment to a motor vehicle, shall be
classified as separate motor vehicle with no power rating.
DEFACING OR TAMPERING WITH a serial number is the
erasing, scratching, altering or changing of the original
factory-inscribed serial number on the motor vehicle
engine, engine block or chassis of any motor vehicle.
Whenever any motor vehicle is found to have a serial
number on its motor engine, engine block or chassis
which is different from that which is listed in the records of
the Bureau of Customs for motor vehicles imported into
the Philippines, that motor vehicle shall be considered to
have a defaced or tampered with serial number.
REPAINTING is changing the color of a motor vehicle by
means of painting. There is repainting whenever the new
color of a motor vehicle is different from its color as
registered in the Land Transportation Commission.
BODY-BUILDING is a job undertaken on a motor vehicle
in order to replace its entire body with a new body.
REMODELING is the introduction of some changes in the
shape or form of the body of the motor vehicle.lawphi1
DISMANTLING is the tearing apart, piece by piece or part
by part, of a motor vehicle.
OVERHAULING is the cleaning or repairing of the whole
engine of a motor vehicle by separating the motor engine
and its parts from the body of the motor vehicle.
REGISTRATION REQUIREMENTS
1. Every owner or possessor of unregistered motor
vehicle or parts thereof in knock down condition shall,
within one year after the approval of this Act and in
his name or in the name of the real owner, register
with the Land Transportation Commission (now Land
Transportation Commission or LTO)
a. the motor vehicle engine,
b. engine block and
c. chassis,
Thereafter, if not registered, those shall be
considered as untaxed importation or coming from an
illegal source or carnapped, and shall be confiscated
in favor of the Government
2. All owners of motor vehicles in all cities and
municipalities are required to register their cars with
the local police without paying any charges
3.
Every sale, transfer, conveyance, substitution or
replacement of a motor vehicle engine, engine block
or chassis of a motor vehicle shall be registered with
the LTO.
Motor vehicles assembled and rebuilt or repaired by
replacement with motor vehicle engines, engine
blocks and chassis not registered shall not be issued
4.
certificates of registration and shall be considered as

untaxed imported motor vehicles or motor vehicles
carnapped or proceeding from illegal sources
Original registration of a motor vehicle (whether
newly assembled or rebuilt or acquired from a
registered owner)
a. The person seeking to register
shall, within one week after the
completion of the assembly or
rebuilding job or the acquisition
thereof from the registered owner,
apply to the Philippine Constabulary
(now Philippine National Police or
PNP) for clearance of the motor
vehicle for registration with the LTO
b. The PNP shall verify whether or not
the motor vehicle or its numbered
parts are in the list of carnapped
motor vehicles or stolen motor
vehicle parts; if not included, shall
forthwith issue the certificate of
clearance
c. The LTO shall, upon presentation of
the certificate and after verification
of the registration in the permanent
registry, register the motor vehicle
in accordance with existing laws,
rules and regulations
PERMANENT REGISTRY
The LTO shall keep a permanent registry of motor vehicle
engines, engine blocks and chassis of all motor vehicles
with particulars.
Copies of the registry and of all entries made thereon shall
be furnished the PNP and all LTO regional, provincial and
city branch offices
DUTY OF COLLECTOR OF CUSTOMS
Within seven days after the arrival of the imported motor
vehicle or any of its parts enumerated, the Collector shall:
a. make a report of the shipment to the Land
Transportation Commission, specifying the make, type
and serial numbers, if any, of the motor vehicle
engine, engine block and chassis or body
b. stating the names and addresses of the owner or
consignee thereof.
If the motor vehicle engine, engine block, chassis or

body does not bear any serial number, the Collector
of Customs concerned shall hold the motor vehicle
engine, engine block, chassis or body until it is
numbered by the LTO.
DUTY OF IMPORTERS, DISTRIBUTORS, AND SELLERS

keep a permanent record of his stocks
o
stating therein their type, make and serial
numbers, and the names and addresses of
the persons from whom they were acquired
and the names and addresses of the persons
to whom they were sold
render an accurate monthly report of his

transactions in motor vehicles to the Land
Transportation Commission.
CLERANCE AND PERMIT
Any person who shall undertake to assemble or rebuild or
cause the assembly or rebuilding of a motor vehicle shall

first secure a certificate of clearance from the Philippine
Constabulary:
Provided, That no such permit shall be issued unless the
applicant shall present a statement under oath containing
the type, make and serial numbers of the engine, chassis
and body, if any, and the complete list of the spare parts
of the motor vehicle to be assembled or rebuilt together
with the names and addresses of the sources thereof.
In the case of motor vehicle engines to be mounted on
motor boats, motor bancas and other light water vessels,
the applicant shall secure a permit from the Philippine
Coast Guard, which office shall in turn furnish the LTO the
pertinent data concerning the motor vehicle engines
including their type, make and serial numbers.
Any person who owns or operates inter-island shipping or
any water transportation with launches, boats, vessels or
ships shall within seven days submit a report to the
Philippine Constabulary on all motor vehicle, motor
vehicle engines, engine blocks, chassis or bodies
transported by it for the motor vehicle, motor vehicle
engine, engine block, chassis or body to be loaded on
board the launch, boat vessel or ship.
PUNISHABLE ACTS
It shall be unlawful for any person to deface or otherwise
tamper with the original or registered serial number of
motor vehicle engines, engine blocks and chassis.
PENAL PROVISIONS
a. Any person (in case of a juridical person, president or
secretary and/or members of the board of directors or
any of its officers and employees who may have
directly participated in the violation) who violates any
provisions of this Act
punished with imprisonment for not less

than two years nor more than six years and
a fine equal in amount to the acquisition cost
of the motor vehicle, motor vehicle engine or
any other part involved in the violation
b. Any government official or employee who directly
commits the unlawful acts defined in this Act or is
guilty of gross negligence of duty or connives with or
permits the commission of any of the said unlawful
act:
in addition to the penalty prescribed in the

preceding paragraph, be dismissed from the
service with prejudice to his reinstatement
and with disqualification from voting or
being voted for in any election and from
appointment to any public office
PENALTY FOR CARNAPPING
Any person who is found guilty of carnapping shall,
irrespective of the value of motor vehicle taken, be
punished:
a. by imprisonment for not less than 14 years
and 8 months and not more than 17 years
and 4 months, when the carnapping is
committed without violence or intimidation
of persons, or force upon things;
b.
c.
by imprisonment for not less than 17 years

and 4 months and not more than 30 years,
when the carnapping is committed by means
of violence against or intimidation of any
person, or force upon things; and
the penalty of life imprisonment to death
shall be imposed when the owner, driver or
occupant of the carnapped motor vehicle is
killed in the commission of the carnapping
10. CRIMES AGAINST PROPERTY
==================================
=====
11. Crimes Against Chastity
==================================
=====
Chapter 1: Adultery and Concubinage
Chapter 2: Rape and Acts of Lasciviousness
Chapter 3: Seduction, Corruption of Minors and
White Slave Trade
Chapter 4: Abduction
Chapter 5: Provisions Relative to the Preceding
Chapters of Title 11
R.A. 9995
R.A. 7610, AS AMENDED
R.A. 9262
R.A. 7877
==================================
===============
Chapter 1: Adultery and Concubinage
==================================
===============
ART. 333. WHO ARE GUILTY OF ADULTERY
ELEMENTS:
1. That the woman is married (even if marriage is
subsequently declared void);
2. That she has sexual intercourse with a man not
her husband; and
3. That as regards the man with whom she has sexual
intercourse, he must know her to be married.
NOTE:
Carnal knowledge may be proved by circumstantial
evidence.
Each sexual intercourse constitutes a crime of
adultery.
It is not a continuing offense. Any act of infidelity
subsequent to condonation constitutes a new offense
that is subject to criminal prosecution.
The offended party must be legally married to the
offender at the time of filing the complaint.
But even if subsequently declared void,
theres
still
adultery
when
the
adulterous act is committed before the
marriage is judicially declared null and
void in a final judgment.
Acquittal of one defendant does not operate as
acquittal of the other.

Death of the offended party will not terminate the
proceedings. However, if they die before a complaint
is filed, then the case cannot go on.
MITIGATING CIRCUMSTANCES IN ADULTERY

Adultery is mitigated if the adulterous wife was
abandoned without justification by his spouse.
Both the wife and her paramour are
entitled
to
this
mitigating
circumstance.42
Sheer necessity, as when a woman was left helpless
by her husband (although justified for it was in
response to a duty) and in such a great need that she
found herself in the predicament of committing
adultery for the sake of her children, mitigates her
liability.43
PARDON BY THE OFFENDED PARTY
Express/ implied pardon bars prosecution for
adultery.
Sexual intercourse with the offending spouse
subsequent to the adulterous conduct constitutes an
implied pardon.
REQUIREMENTS FOR PARDON TO BE EFFECTIVE
(ART. 344):
1. The pardon must come before the institution of the
criminal prosecution; and
2. Both offenders must be pardoned by offended party.
CONSENT IS A CAUSE FOR DISMISSAL OF
COMPLAINT
Prior consent is as effective as subsequent consent to
bar the offended party from prosecuting the offense.
When consent is given, whether expressed or
implied, husband can no longer institute the criminal
complaint.
WHEN IS THERE CONSENT?
1. When the husband does not interfere with his wifes
adulterous relationship or has failed to assert his
rights.
2. When the spouses sign an agreement that they may
get any mate and live as husband and wife without
any interference.
ART. 334. CONCUBINAGE
ELEMENTS:
The man must be married (even if the marriage
may be subsequently declared void);
That he committed any of the following acts:
a. Keeping a mistress in the conjugal
dwelling,
b. Having
sexual
intercourse
under
scandalous circumstances with a woman
who is not his wife,
c. Cohabiting with her in any other place;
That as regards the woman, she must know him to
be married.
42
People v. Avelino, C.A., 40 O.G., Supp. 11, 194
43
People v. Alberto, et al., C.A., 47 O.G. 2438
execution, the felony is necessarily produced as a

consequence.
DEFINITION OF TERMS
1. CONJUGAL DWELLING means the home of the
husband and wife even if the wife happens to be
temporarily absent on any account.
2. SCANDAL consists in any reprehensible word/deed
that offends public conscience, redounds to the
detriment of the feelings of honest persons, and
gives occasion to the neighbors spiritual damage
and ruin.
3. COHABIT means to dwell together, in the manner of
husband and wife, for some period of time, as
distinguished from occasional, transient interviews
for unlawful intercourse.
4. MISTRESS It is necessary that the woman is taken
by the accused into the conjugal dwelling as a
concubine.
NOTE:
People in the vicinity are the best witnesses to prove
scandalous circumstances.
Adultery is more severely punished than
concubinage. Unlike adultery, concubinage is a
continuing crime.
ART. 335. WHEN AND HOW RAPE IS COMMITTED
NOTE: Art. 335 has been repealed by R.A. No. 8353 (AntiRape Law of 1997).
==================================
==============
Chapter 2: Rape and Acts of Lasciviousness
==================================
==============
ARTICLE 336. ACTS OF LASCIVIOUSNESS
ELEMENTS:
11 That
the
offender
commits
any
act
of
lasciviousness or lewdness;
11 That the act of lasciviousness is committed against
a person of either sex; and
11 That it is done under any of the following
circumstances:
a. by using force or intimidation, or
b. when the offended party is deprived of
reason or otherwise unconscious, or
c. by means of fraudulent machination or
grave abuse of authority, or
d. when the offended party is under 12
years of age or is demented.
LEWD - is defined as obscene, lustful indecent or
lecherous. It signifies the form of immorality which has
relation to moral impurity; or that which is carried on a
wanton manner.
NO ATTEMPTED OR FRUSTRATED ACTS OF

LASCIVIOUSNESS
From the standpoint of law, there can be no frustration of
acts of lasciviousness. No matter how far the offender
may have gone towards the realization of his purpose, if
his participation amounts to performing all acts of
ACTS OF
LASCIVIOUSNESS
There is lewd design which
may be inferred from the
circumstances surrounding
the commission of the
crime such as the place,
time, other peoples
presence and the acts
complained of.
ACTS
OF
LASCIVIOUSNES
S
Offenders lascivious acts
do not indicate intent to
have sexual intercourse.
UNJUST VEXATION
The element of lewd design
is not present.
e.g. the alleged lascivious
act was a mere incident of
the embrace or the act was
just committed merely to
satisfy a silly whim.
ATTEMPTED RAPE
Acts performed by offender

clearly indicate that his
purpose was to lie with the
offended party.
The lascivious acts are the
The lascivious acts are but
final objective sought by
preparatory acts to the
the offender.
commission of rape.
Manner of commission is the same
The performance of lascivious character is common to
both
Offended party is a person of either sex
ACTS
OF
LASCIVIOUSNES
S
The compulsion is included
in the constructive element
of force.
ACTS OF
LASCIVIOUSNES
S
The offender is, in a
majority of cases, a private
individual.
It is necessary that some
actual act of lasciviousness
should have been
executed.
GRAVE COERCION
The compulsion is the very
act constituting the offense
of grave coercion.
ABUSES AGAINST
CHASTITY
(ART. 246)
The offender is a public
officer
A mere immoral or indecent
proposal made earnestly &
persistently is sufficient.
CASES ON ACTS OF LASCIVIOUSNESS

In the absence of convincing proof that the penis had
slid into the female organ, rape was not committed.
Where the victim merely stated that she was carried
around the sala with appellant's penis "touching" her
vagina, it would not be right to conclude that the act
of the penis "touching" the vagina was an entry or
penetration, even slightly, of the labia majora or the
labia minora of the pudendum. The appellant is
guilty of acts of lasciviousness and not rape.44
The appellants act of directing Analyn to remove her
lower apparel constitutes an act of lasciviousness
under Article 336 of the Revised Penal Code, and not
rape.45
==================================
===============
44
People v. Palma, G.R. No. 148869-74, December 11,

2003
45
People v. Aquino, G.R. No. 139181, October 27, 2003
Chapter 3: Seduction, Corruption of Minors and

White Slave Trade
==================================
==============
SEDUCTION Enticing a woman to unlawful sexual
intercourse by promise of marriage or by other means of
persuasion without the use of force.
ART. 338. SIMPLE SEDUCTION

ELEMENTS:
1. That the offended party is over 12 & under 18 y/o;
2. That she must be of good reputation, single or
widow;
3. That the offender has sexual intercourse with her;
and
4. That it is committed by means of deceit.
ART. 337. QUALIFIED SEDUCTION

2 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, teacher, etc.; and
2. Seduction of a sister by her brother, or seduction of a
descendant by her ascendant, regardless of her age
or reputation. (Incestuous Seduction)
NOTES:
Virginity of the victim is not required.
ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN:

1. That the offended party is a virgin, which is
presumed if she is 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;
and
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:
ABUSED
AUTHORITY
1. Public
authority
2. Guardian
3. Teacher
4. Person who in
any capacity is
entrusted with
the education
or custody of
the woman
seduced.
ABUSED
CONFIDENCE
1. Priest
2. House
servant
3. Domestic
(Person living
in the same
roof, may be
temporary or
permanent,
as long as in
the same
house.)
ABUSED
RELATIONSHIP
Brother who
seduced his
sister.
Ascendant who
seduced his
descendant.
Their relationship
must be by
consanguinity but
need not be
legitimate.
NOTE:
Penalty for qualified seduction of a sister or
descendant is higher than qualified seduction of a
virgin.
Deceit is not an element of qualified seduction but it
is an element of simple seduction.
In Abuse of Confidence, acts are punished because of
the character of the person committing the same,
and excess of power or abuse of confidence.
A virgin is a virtuous woman of good reputation.
The offended party need not be virgin in
the case of incestuous seduction.
Accused charged with rape cannot be convicted of
qualified seduction under the same information.
If any of the circumstances in the crime
of rape is present, then crime is not to
be punished under this article.
If no sexual intercourse, the crime would only be acts
of lasciviousness.
Deceit generally takes the form of an unfulfilled

promise to marry.
There is no continuing offense of seduction.
If there is no sexual intercourse, the crime committed
is only acts of lasciviousness.
The man may be willing and ready to marry the girl
but simple seduction is still committed when the man
knows that the offended party cannot legally consent
to marriage because of her minority.
THE FOLLOWING DO NOT CONSTITUTE DECEIT:

Promise of material things.
Promise of marriage by a married man, whom the

victim knew to be married.
Promise of marriage after sexual intercourse.
ART. 339. ACTS OF LASCIVIOUSNESS WITH THE

CONSENT OF THE OFFENDED PARTY
ELEMENTS:
1. That the offender commits acts of lasciviousness or
lewdness;
2. That the acts are committed upon a woman who is a
virgin or single or a 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.
NOTES:
A male cannot be the offended party.
It is necessary that the crime be committed under

circumstances which would make it qualified or
simple seduction had there been sexual intercourse.
Consent is obtained by abuse of authority,
confidence, or relationship, or by means of deceit.
ACTS OF LASCIVIOUSNESS
WITH CONSENT OF
OFFENDED PARTY
(ART. 339)
Acts are committed under
circumstances
which,
had
there been carnal knowledge,
would
amount
to
either
qualified or simple seduction.
*There may be consent, but
there is abuse of authority,
relationship, confidence, or
deceit.
ACTS OF
LASCIVIOUSNESS
(ART. 336)
Acts
are
committed
under
circumstances
which, had there been
carnal knowledge, would
amount to rape.
prostitution, it does not matter if one engages the

services of a woman ostensibly as maid, for example.
ART. 340. CORRUPTION OF MINORS

NOTES:
The act punishable is the promotion or facilitating the
prostitution or corruption of persons under age
(under 18) to satisfy the lust of another.
A mere proposal will consummate the offense. It is
not necessary that the unchaste acts shall have been
done to the minor.
Victim must be of good reputation, not a prostitute or
a corrupted person.
==================================
========
Chapter 4: Abduction
==================================
==============
R.A.
7610
PUNISHES
CHILD
PROSTITUTION
COMMITTED BY:
1. Those who engage in or promote, facilitate or induce
child prostitution which include the following:
Acting as a procurer of a child prostitute;
ART. 342. FORCIBLE ABDUCTION
2.
3.
4.
5.
Inducing a person to be a client of a child

prostitute by means of written or oral
advertisements or other similar means;
Taking
advantage
of
influence
or
relationship to procure a child as a
prostitute;
Threatening or using violence towards a
child to engage him as a prostitute;
Giving monetary consideration, goods or
other pecuniary benefit to a child with the
intent to engage such child in prostitution.
Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in
prostitution or subjected to other sexual abuse;
Those who derive profit or advantage therefrom.
eg.
manager/owner
of
the
establishment where child prostitution
takes place;
Any person, not being a relative of the child, is found
alone with the said child in a hidden or secluded area
under circumstances which lead a reasonable person
to believe that the child is about to be exploited in
prostitution and other sexual abuse; and
Any person who receives services from a child in a
sauna parlor or bath, massage clinic, health club, and
other similar establishments.
CHILD TRAFFICKING - It is the act of buying and selling

a child for money, or for any other consideration, or
barter.
ART. 341. WHITE SLAVE TRADE
ACTS PENALIZED:
Engaging in the business of prostitution;
Profiting by prostitution; and
Enlisting the service of women for the purpose of

prostitution.
NOTE:
One of those above-mentioned acts is sufficient to
constitute the offense
Habituality is not a necessary element of this crime.
Offender need not be owner of house and need not

be present at time of raid; it suffices that he
maintains or engages in business
Under any pretext if the real purpose is
ABDUCTION - The taking away of a woman from her

house or the place where she may be for the purpose of
carrying her to another place, with the intent to marry or
to corrupt her.
ELEMENTS:
1. That the person abducted is any woman, regardless
of her age, civil status, or reputation;
2. That the abduction is against her will; and
3. That the abduction is with lewd designs.
NOTES:
If child is under 12 years, the crime is forcible
abduction even if she voluntarily goes with her
abductor.
Taking away must be against the will of the woman.
This may be accomplished by means of deceit first
and then by means of violence and intimidation.
Actual intercourse is not necessary. Lewd designs
may be shown by conduct of the accused. Intent to
seduce the girl is sufficient. Lewd design is present in
a hurried marriage ceremony by force where the
marriage is merely an artifice by which the accused
sought to escape the criminal consequences of his
acts.
The husband may not be held liable for the abduction
of his wife as lewd design is wanting.
If there are several defendants, it is enough that one
of them had lewd designs and the others knew about
it.
Nature of crime: against liberty, honor and
reputation, and public order.
There must be only one complex crime of forcible
abduction with rape. Subsequent rapes committed
should be considered independent of the abduction.
Conviction of Acts of Lasciviousness is not a bar to
conviction of forcible abduction.
FORCIBLE ABDUCTION
KIDNAPPING
V.
GRAVE
COERCION
V.
Presence of lewd design makes it forcible abduction.
The crime is kidnapping and serious illegal detention

if there was deprivation of liberty with no lewd
design.
If there was violent taking of the woman motivated

by lewd design and the victim was raped, the crime
committed is forcible abduction with rape instead of
kidnapping with rape. Attempt to rape is absorbed in
the crime of forcible abduction.
When there is no lewd design, it is coercion, provided

that there is no deprivation of liberty.
FORCIBLE ABDUCTION V. CORRUPTION OF MINORS
1.
2.
If the minor was abducted by the accused with lewd

design on his part, he is liable for forcible abduction.
If the purpose of abduction is to lend her to illicit
intercourse with others, the crime is corruption of
minors.
FORCIBLE ABDUCTION V. RAPE

1. If there was abduction but the resistance of the
woman to the alleged rape was not tenacious, the
accused would be guilty only of abduction.
2. Rape may absorb forcible abduction if the main
objective was to rape the victim.
CASE ON FORCIBLE ABDUCTION
1. The Court has previously ruled that if the victim's
consent was obtained through deceit and there was
therefore no valid consent, the crime is forcible
abduction, as the deceit may be considered as
constructive force.
The second element, lewd
design, was established by the actual rapes. 46
AGE AND REPUTATION OF THE VICTIM IS NOT
NECESSARY IN:
1.
Rape
2.
Acts of lasciviousness against the will or without
the consent of the offended party
3.
Qualified seduction of sister or descendant
4.
Forcible Abduction
ART. 343. CONSENTED ABDUCTION
ELEMENTS:
1. That the offended party must be a virgin (not
necessarily in a material sense, includes
virtuous woman of good reputation);
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; and
4. That the taking away of the offended party must be
with lewd designs.
NOTE:
If the virgin is under 12 years of age, the crime
committed is forcible abduction, even if the girl
consented to the elopement.
The abduction of the victim need not be with some
character of permanence.
Victim need not be taken from her house. It is
sufficient that the abductor was instrumental to her
escape.
Requires solicitation or cajolery.
There can be consented abduction with rape
==================================
==============
Chapter 5: Provisions relative to the preceding
chapter of Title Eleven
==================================
==============
ART.
46
344.
PROSECUTION
OF
ADULTERY,
People v. Caraang, G.R. No. 148424-27, December

11, 2003
CONCUBINAGE, SEDUCTION, ABDUCTION, AND

ACTS OF LASCIVIOUSNESS
1. Adultery and concubinage must be prosecuted upon
complaint signed by the offended spouse.
2. Seduction, abduction, or acts of lasciviousness must
be prosecuted upon complaint signed by:
a. offended party,
b. by her parents,
c. grandparents, or
d. legal guardians
* In the order in which they are named above.
EFFECT OF MARRIAGE
GENERAL RULE: Marriage in good faith of the
offender with the offended party extinguishes the
criminal action or remits the penalty already imposed
upon him. This applies as well to accomplices and
accessories-after-the-fact.
EXCEPTION: In case of rape, marriage extinguishes
the criminal action only against the principal but not
to the accomplices and accessories. This rule also
does not apply to parties guilty of concubinage and
adultery.
NOTE:
Rape is now a crime against persons, and thus, may
be prosecuted de oficio or upon complaint of any
person.
In adultery and concubinage, both offenders must be
included in the complaint, even if only one is guilty.
When the offended party is of age and is in complete
possession of her mental and physical faculties, she
alone can file the complaint (applies to crimes
against chastity). Complaint must be filed in court
and not in the fiscal.
PARDON IN CRIMES AGAINST CHASTITY
Express or implied pardon by the offended party
is a bar to prosecution for adultery or
concubinage. However, pardon must extend to both
offenders and must come before the institution of the
criminal action.
Express pardon by the offended party or other
persons named in the law, as the case may be, is a
bar to prosecution for seduction, abduction,
rape or acts of lasciviousness. Pardon in
seduction must also come before the institution of
criminal action.
PARDON
BY
PARENTS,
GRANDPARENTS
OR
GUARDIAN MUST BE ACCOMPANIED BY THE
EXPRESS PARDON OF THE GIRL HERSELF
Pardon must be granted directly by the offended
party and it is only when she is dead or otherwise
incapacitated to grant it, that her parents,
grandparents or guardian may do so for her. 47
ART. 345. CIVIL LIABILITY OF PERSONS GUILTY OF
CRIMES AGAINST CHASTITY.
PERSON
GUILTY
OF
RAPE,
SEDUCTION
OR
ABDUCTION, SHALL ALSO BE SENTENCED:
1. To indemnify the offended woman.
2. To acknowledge the offspring, unless the law should
prevent him from so doing.
47
U.S. v. Luna, 1 Phil. 360
3.
In every case to support the offspring.
NOTES:
The adulterer and concubine in the case provided
for in Articles 333 and 334 may also be sentenced, in
the same proceeding or in a separate civil
proceeding, to indemnify for damages caused to the
offended spouse.
There is no civil liability for Acts of Lasciviousness.
Moral damages may be awarded to the offended

party, and her parents, for seduction, abduction,
rape, other lascivious acts (Art. 2219 Civil Code).
In multiple rapes by multiple offenders, all of them
must support offspring. No one may be made to
acknowledge his offspring.
The offender in a rape case who is married is no
longer prohibited from acknowledging his offspring
because since the child is illegitimate, the Family
Code automatically confers parental authority to the
mother. He can only be sentenced to indemnify the
victim and support his offspring. Amount and terms
of support should be determined only after due
notice & hearing.
Only indemnity is allowed in rape of a married
woman. The defendant cannot be sentenced to
acknowledge and support the offspring.
ART. 346. LIABILITY OF ASCENDANTS, GUARDIANS,

TEACHERS, OR OTHER PERSONS ENTRUSTED WITH
CUSTODY OF OFFENDED PARTY
PERSONS WHO COOPERATE AS ACCOMPLICES BUT
ARE
PUNISHED
AS
PRINCIPALS
IN
RAPE,
SEDUCTION, ABDUCTION, ETC:
1. Ascendants;
2. Guardians;
3. Curators;
4. Teachers; and
5. Any other person, who cooperates as accomplice
with abuse of authority or confidential relationship.
OTHER INSTANCE WHEN ACCOMPLICE IS PUNISHED
AS PRINCIPAL:
Slight illegal detention
R.A. 9995
ANTI-PHOTO AND VIDEO VOYEURISM ACT 2009
DEFINITION OF TERMS (Sec. 3)
1. BROADCAST - to make public, by any means, a
visual image with the intent that it be viewed by a
person or persons.
2. CAPTURE WITH RESPECT TO AN IMAGE - means
to videotape, photograph, film, record by any means,
or broadcast.
3. FEMALE BREAST - means any portion of the female
breast.
4. PHOTO OR VIDEO VOYEURISM - means the act of
taking photo or video coverage of a person or group
of persons performing sexual act or any similar
activity or of capturing an image of the private area
of a person or persons without the latter's consent,
under circumstances in which such person/s has/have
a reasonable expectation of privacy, or the act of
selling, copying, reproducing, broadcasting, sharing,
showing or exhibiting the photo or video coverage or
recordings of such sexual act or similar activity
through VCD/DVD, internet, cellular phones and
similar means or device without the written consent
of the person/s involved, notwithstanding that
consent to record or take photo or video coverage of
same was given by such persons.
5. PRIVATE AREA OF A PERSON - means the naked or
undergarment clad genitals, public area, buttocks or
female breast of an individual.
6. UNDER CIRCUMSTANCES IN WHICH A PERSON
HAS A REASONABLE EXPECTATION OF PRIVACY means belief that he/she could disrobe in privacy,
without being concerned that an image or a private
area of the person was being captured; or
circumstances in which a reasonable person would
believe that a private area of the person would not be
visible to the public, regardless of whether that
person is in a public or private place.
PROHIBITED ACTS (Sec. 4)
1. To take photo or video coverage of a person or group
of persons performing sexual act or any similar
activity or to capture an image of the private area of
a person/s such as the naked or undergarment clad
genitals, public area, buttocks or female breast
without the consent of the person/s involved and
under circumstances in which the person/s has/have
a reasonable expectation of privacy;
2. To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of
sexual act or any similar activity with or without
consideration;
3.
To sell or distribute, or cause to be sold or
distributed, such photo or video or recording of
sexual act, whether it be the original copy or
reproduction thereof; or
4. To publish or broadcast, or cause to be published or
broadcast, whether in print or broadcast media, or
show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and other
similar means or device.
NOTE:
The prohibition under paragraphs (2), (3) and (4) shall
apply notwithstanding that consent to record or to
take a photo or video coverage of the same was given
by such person/s. Any person who violates these

provision shall be liable for photo or video voyeurism
as defined herein.
EXEMPTIONS (Sec. 6)
Nothing contained in this Act, however, shall render it
unlawful or punishable for any peace officer, who is
authorized by a written order of the court, to use the
record or any copy thereof as evidence in any civil,
criminal investigation or trial of the crime of photo or
video voyeurism: Provided, That such written order
shall only be issued or granted upon written
application and the examination under oath or
affirmation of the applicant and the witnesses he/she
may produce, and upon showing that there are
reasonable grounds to believe that photo or video
voyeurism has been committed or is about to be
committed, and that the evidence to be obtained is
essential to the conviction of any person for, or to the
solution or prevention of such, crime.
therefrom, whether as manager or

owner of the establishment where the
prostitution takes place, or of the sauna,
disco,
bar,
resort,
place
of
entertainment or establishment serving
as a cover or which engages in
prostitution in addition to the activity for
which the license has been issued to
said establishment.
2.
11
INADMISSIBILITY OF EVIDENCE (Sec. 7)

Any record, photo or video, or copy thereof, obtained
or secured by any person in violation of the preceding
sections shall not be admissible in evidence in any
judicial, quasi-judicial, legislative or administrative
hearing or investigation.
11
SPECIAL PROTECTION OF CHILDREN AGAINST CHILD

ABUSE, EXPLOITATION AND DISCRIMINATION ACT
(R.A. 7610, AS AMENDED)
CHILD PROSTITUTION AND OTHER ACTS OF ABUSE
PUNISHABLE ACTS
1. CHILD PROSTITUTION AND OTHER SEXUAL
ABUSE (Sec. 5)
WHO ARE LIABLE:
a. Those who engage in or promote,
facilitate or induce child prostitution
which include, but are not limited to, the
following:
i.
Acting as a procurer of a child prostitute;
ii. Inducing a person to be a client of a child
prostitute by means of written or oral
advertisements or other similar means;
iii. Taking advantage of influence or relationship
to procure a child as prostitute;
iv. Threatening or using violence towards a
child to engage him as a prostitute; or
v. Giving monetary consideration goods or
other pecuniary benefit to a child with intent
to engage such child in prostitution.
b. Those who commit the act of sexual
intercourse or lascivious conduct with a
child exploited in prostitution or subject
to other sexual abuse; Provided, That
when the victim is under 12 years
of age, the perpetrators shall be
prosecuted
under
Art.
335,
paragraph 3, for rape and Art. 336
of Act No. 3815, as amended, the
RPC, for rape or lascivious conduct,
as the case may be: Provided, That
the penalty for lascivious conduct
when the victim is under 12 years
of age shall be reclusion temporal
in its medium period; and
c. Those who derive profit or advantage
ATTEMPT
(Sec. 6)
TO
COMMIT
CHILD
PROSTITUTION
There is an attempt to commit child

prostitution under Section 5, paragraph
(a) hereof when any person who, not
being a relative of a child, is found alone
with the said child inside the room or
cubicle of a house, an inn, hotel, motel,
pension house, apartelle or other similar
establishments, vessel, vehicle or any
other hidden or secluded area under
circumstances which would lead a
reasonable person to believe that the
child is about to be exploited in
prostitution and other sexual abuse.
There is also an attempt to commit child
prostitution, under paragraph (b) of
Section 5 hereof when any person is
receiving services from a child in a
sauna parlor or bath, massage clinic,
health
club
and
other
similar
establishments.
3.
CHILD TRAFFICKING (Sec. 7)

Any person who shall engage in trading and dealing
with children including, but not limited to, the act of
buying and selling of a child for money, or for any
other consideration, or barter.
4.
ATTEMPT TO COMMIT CHILD TRAFFICKING (Sec.

8)
THERE IS AN ATTEMPT TO COMMIT CHILD
TRAFFICKING UNDER SECTION 7 OF THIS ACT:
When a child travels alone to a foreign
country without valid reason therefor
and without clearance issued by the
Department of Social Welfare and
Development or written permit or
justification from the child's parents or
legal guardian;
When a person, agency, establishment
or
child-caring
institution
recruits
women or couples to bear children for
the purpose of child trafficking;
When a doctor, hospital or clinic official
or employee, nurse, midwife, local civil
registrar or any other person simulates
birth for the purpose of child trafficking;
or
When a person engages in the act of

finding children among low-income
families, hospitals, clinics, nurseries,
day-care centers, or other child-during
institutions who can be offered for the
purpose of child trafficking.
COMPARE
PROSECUTION
FOR
ACTS
OF
LASCIVIOUSNESS UNDER ART. 336 OF THE RPC AND
RA 7610, AS AMENDED
Under RA 7610, the penalty for lascivious conduct
when the victim is under 12 years of age shall be
reclusion temporal in its medium period. On the other
hand, Art. 336 of the RPC provides a lighter penalty of
prision correctional for acts of lasciviousness.
5.
OBSCENE PUBLICATIONS AND INDECENT SHOWS

Any person who shall hire, employ, use, persuade,
induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live or in
video, or model in obscene publications or
pornographic materials or to sell or distribute the said
materials.
6.
OTHER ACTS OF NEGLECT, ABUSE, CRUELTY OR

EXPLOITATION
AND
OTHER
CONDITIONS
PREJUDICIAL TO THE CHILD'S DEVELOPMENT:
a. Any person who shall commit any other
acts of child abuse, cruelty or
exploitation or to be responsible for
other conditions prejudicial to the child's
development including those covered by
Article 59 of Presidential Decree No.
603, as amended, but not covered by
the Revised Penal Code, as amended.
b. Any person who shall keep or have in his
company a minor, 12 years or under or
who in 10 years or more his junior in any
public or private place, hotel, motel,
beer
joint,
discotheque,
cabaret,
pension house, sauna or massage
parlor, beach and/or other tourist resort
or similar places. Provided, That this
provision shall not apply to any person
who is related within the fourth degree
of consanguinity or affinity or any bond
recognized by law, local custom and
tradition or acts in the performance of a
social, moral or legal duty.
c. Any person who shall induce, deliver or
offer a minor to any one prohibited by
this Act to keep or have in his company
a minor as provided in the preceding
paragraph.
d. Any person, owner, manager or one
entrusted with the operation of any
public
or
private
place
of
accommodation, whether for occupancy,
food, drink or otherwise, including
residential places, who allows any
person to take along with him to such
place or places any minor herein
described.
e. Any person who shall use, coerce, force
or intimidate a street child or any other
child to:
i.
Beg or use begging as a means of living;
ii. Act as conduit or middlemen in drug
trafficking or pushing; or
iii. Conduct any illegal activities.
JURISPRUDENCE
1. The implementing rules elaborated on this definition
when it defined a child as one who is below 18
years of age or over said age who, upon
evaluation
of
a
qualified
physician,
psychologist or psychiatrist, is found to be
incapable of taking care of herself fully because

of a physical or mental disability or condition or
of protecting herself from abuse.48
2. Under Section 5(b), Article III of R.A. 7610 in relation to
R.A. 8353, if the victim of sexual abuse is below 12 years
of age, the offender should not be prosecuted for sexual
abuse but for statutory rape under Art. 266-A(1)(d) of the
RPC and penalized with reclusion perpetua.
If the victim is 12 years or older, the offender should be
charged with either sexual abuse under Section 5(b)
of R.A. 7610 or rape under Art. 266-A (except
paragraph 1[d]) of the RPC.
HOWEVER, the offender cannot be accused of both crimes
for the same act because his right against double
jeopardy will be prejudiced.
Likewise, rape cannot be complexed with a violation of
Section 5(b) of R.A. 7610. Under Section 48 of the
RPC (on complex crimes), a felony under the RPC
(such as rape) cannot be complexed with an offense
penalized by a special law.49
R.A. 9262
ANTI-VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN ACT OF 2004
PSYCHOLOGICAL VIOLENCE refers to acts or omissions
causing or likely to cause mental or emotional suffering of
the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule
or humiliation, repeated verbal abuse and mental
infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of
a member of the family to which the victim belongs, or
to witness pornography in any form or to witness
abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of
common children.
PUNISHABLE ACTS UNDER SEC 5 INCLUDE:
(g) Causing or attempting to cause the woman or her child
to engage in any sexual activity which does not constitute
rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or
her/his immediate family
R.A. NO. 7877
ANTI-SEXUAL HARASSMENT ACT
WORK, EDUCATION OR TRAINING-RELATED, SEXUAL
HARASSMENT, DEFINED
Demanding, requesting or otherwise requiring any
sexual favor from the other, regardless of whether the
demand, request, or requirement is accepted by the
object of the act.
PUNISHABLE ACTS (Sec. 3):
1. IN A WORK-RELATED OR EMPLOYMENT
ENVIRONMENT,
SEXUAL HARASSMENT
IS
COMMITTED WHEN:
a. The sexual favor is made as a condition in
the hiring or in the employment, re-employment
or continued employment of said individual, or in
48
49
People v. Abello, G.R. No. 151952, March 25, 2009

People v. Abay G.R.. No. 177752, February 24, 2009
granting said individual favorable compensation,

terms of conditions, promotions, or privileges; or
the refusal to grant the sexual favor results in
limiting, segregating or classifying the employee
which in any way would discriminate, deprive
or diminish employment opportunities or
otherwise adversely affect said employee;
Above acts would impair the employee's
rights or privileges under existing labor
laws; or
Above acts would result in an intimidating,
hostile, or offensive environment for the
employee.
12. Crimes Against the Civil Status of Persons

==================================
=====
Chapter 1: Simulation of Births and Usurpation of
Civil Status
Chapter 2: Illegal Marriages
==================================
==============
Chapter 1: Simulation of Births and Usurpation of
Civil Status
==================================
==============
2. IN AN EDUCATION OR TRAINING ENVIRONMENT,
ART. 347. SIMULATION OF BIRTHS, SUBSTITUTION

OF ONE CHILD FOR ANOTHER; AND CONCEALMENT
OR ABANDONMENT OF A LEGITIMATE CHILD
b.
c.
SEXUAL HARASSMENT IS COMMITTED:

a. Against one who is under the care, custody or
supervision of the offender;
b. Against one whose education, training,
apprenticeship or tutorship is entrusted to the
offender;
c. When the sexual favor is made a condition to the
giving of a passing grade, or the granting of
honors and scholarships, or the payment of a
stipend, allowance or other benefits, privileges,
or consideration; or
d. When the sexual advances result in an
intimidating, hostile or offensive environment for
the student, trainee or apprentice.
Any person who directs or induces another to
commit any act of sexual harassment as herein
defined, or who cooperates in the commission
thereof by another without which it would not
have been committed, shall also be held liable
under this Act.
PERSONS PENALIZED
1. Employers, employees, managers, supervisors,
teachers, professors, instructors, coaches, trainors,
and other persons who have authority, influence, or
moral ascendancy over another in a work, education
or training-related environment.
2. The employer or head of office, educational or
training institution shall be solidarily liable for
damages arising from the acts of sexual harassment
committed in the employment, education or training
environment if the employer or head of office,
educational or training institution is informed of such
acts by the offended party and no immediate action
is taken.
JURISPRUDENCE
1. In Domingo v. Rayala, it was held. It is true that
this provision calls for a demand, request or
requirement of a sexual favor be articulated in a
categorical oral or written statement. It may be
discerned, with equal certitude, from the acts of the
offender.50
END OF DISCUSSIONO ON TOPIC
11. CRIMES AGAINST CHASTITY
==================================
=====
50
Domingo v. Rayala, G.R. No. 155831, February 8, 2000
ACTS PUNISHABLE:
1. Simulation of births
Elements:
a. The child is baptized or registered in the
Registry of birth as the offenders;
b. Thus, the child loses its real status and
acquires a new one; and
c. The offenders purpose was to cause the
loss of any trace as to the childs true
filiation.
2. Substitution of one child for another, or
3. Concealing or abandoning any legitimate child w/
the intent to cause such child to lose its civil status.
ELEMENTS:
a. The child must be legitimate, fully
developed and a living being;
b. The offender conceals or abandons such
child; and
c. The offender has the intent to cause the
child to lose its civil status.
NOTE:
SIMULATION crime must alter the persons civil
status.
Simulation takes place when the woman pretends to
be pregnant when in fact she was not; woman who
simulates birth and the woman who furnishes the
child are both responsible as principals
The fact that child will be benefited by simulation of
birth is not a defense since it creates a false status to
the detriment of members of family to which the
child is introduced.
A father who sells his child is not liable under this
article since there is no abandonment.
ABANDONING A CHILD
UNDER ART. 347
The offender is any
person.
The purpose is to cause
the child to lose its civil
status.
ABANDONING A MINOR
UNDER ART. 276
The offender must be one
who has custody of the child.
The purpose is to avoid the
obligation of rearing and
caring for the child.
ART. 348. USURPATION OF CIVIL STATUS

HOW COMMITTED:
This felony is committed by a person who assumes
the filiation, or the parental or conjugal rights
of another.
NOTE:
Criminal intent to enjoy the civil rights of another by
the offender knowing he is not entitled thereto is
necessary to constitute this crime.
QUALIFYING CIRCUMSTANCE: Purpose of the
impersonation is to defraud the offended party or his
heirs.
Includes usurpation of profession
It is absolutely necessary that there is intent to enjoy

the rights arising from the civil status of the person
impersonated.
==================================
==============
Chapter 2: Illegal Marriages
==================================
==============
ART. 349. BIGAMY
ELEMENTS:
1. That the offender has been legally married;
2. That the marriage has not been legally dissolved
or, in case his or her spouse is absent, the absent
spouse could not yet be presumed dead
according to the Civil Code;
3. That he contracts a second or subsequent
marriage; &
4. That the second or subsequent marriage has all the
essential requisites for validity.
NOTE:
The crime of bigamy does not fall within the category
of private crimes. Hence, it can be prosecuted even
without the initiative of the offended party.
The fact that the 1st marriage is void from the
beginning is not a defense in a bigamy charge. There
is a need for judicial declaration of the nullity of the
1st marriage. Similarly, there must also be a
summary proceeding to declare the absent spouse
presumptively dead for purposes of remarriage.
Validity of second marriage is a prejudicial
question to liability for bigamy
One convicted for bigamy may be prosecuted for
concubinage as both are distinct offenses. However,
the second spouse is not necessarily liable for
bigamy.
One who falsely vouches for the capacity of the
either of the contracting parties knowing that one of
the parties is already married is an accomplice.
Failure to exercise due diligence to ascertain the
whereabouts of the 1st wife and the husbands
remarriage
is
bigamy
through
reckless
imprudence.
A pardon by the offended party does not extinguish
criminal action considering that a crime is committed
against the State and the crime of Bigamy is a public
offense which can be denounced not only by the
person affected thereby but even by a civic-spirited
citizen who may come to know the same.
EFFECT OF DIVORCE
Divorce granted by a foreign court has no
effect. Residence there is not sufficient to confer
jurisdiction on the court of that state. This applies to
those domiciled in the Philippines although they
contracted marriage elsewhere.
Divorce obtained abroad by alien spouse shall
likewise restore the Filipino spouses capacity
to remarry under Philippine Law.
BURDEN OF PROOF IN BIGAMY
Once the prosecution has established that the
defendant was already married at the time he
contracted the 2nd marriage, the burden of proof to
show the dissolution of the first marriage is upon the
defense.
When a person marries twice, the second marriage is
presumed valid and the former one is presumed to
have been dissolved by death or divorce. But this
presumption may yield to circumstances.
JURISPRUDENCE
1. The mere private act of signing a marriage contract
bears no semblance to a valid marriage and thus,
needs no judicial declaration of nullity. Such act
alone, without more, cannot be deemed to constitute
an ostensibly valid marriage for which petitioner
might be held liable for bigamy unless he first
secures a judicial declaration of nullity before he
contracts a subsequent marriage.51
2. For the accused to be held guilty of bigamy, the
prosecution is burdened to prove the felony: (a)
he/she has been legally married; and (b) he/she
contracts a subsequent marriage without the former
marriage having been lawfully dissolved. The felony
is consummated on the celebration of the second
marriage or subsequent marriage. It is essential in
the prosecution for bigamy that the alleged second
marriage, having all the essential requirements,
would be valid were it not for the subsistence of the
first marriage.52
ART. 350. MARRIAGE
PROVISIONS OF LAWS
CONTRACTED
AGAINST
ELEMENTS:
1. That the offender contracted marriage; and
2. That he knew at the time that:
a. Requirements of law were not complied
with, or
b. The marriage was in disregard of a legal
impediment.
QUALIFYING CIRCUMSTANCE: If either of the
contracting parties obtains the consent of the other by
means of violence, intimidation or fraud.
REQUIREMENTS OF THE LAW FOR VALID MARRIAGE:
(ARTS. 2 AND 3 OF THE FAMILY CODE)
1. Legal capacity of the contracting parties who
must be male and female;
2. Consent freely given in the presence of the
51
Morigo v. People, G.R. No. 145226, February 06, 2004
52
Manuel v. People, G.R. No. 165842. November 29, 2005
3.
4.
5.
solemnizing officer;
Authority of the solemnizing officer;
A valid marriage license, except in marriages of
exceptional character; and
A marriage ceremony which takes place with the
appearance of the contracting parties before the
solemnizing
officer
and
their
personal
declaration that they take each other as
husband and wife in the presence of not less
than 2 witnesses of legal age.
NOTE:
Conviction for violation of Art. 350 involves moral
turpitude. The respondent is disqualified from being
admitted into the Bar.
The offender must not be guilty of bigamy.
ART. 351. PREMATURE MARRIAGES
PERSONS LIABLE:
1. A widow who married within 301 days from the
date of the death of her husband, or before having
delivered if she is pregnant at the time of his death.
2. A woman whose marriage having been dissolved
or annulled, married before her delivery or w/in 301
days after the date of the legal separation.
NOTE:
Period may be disregarded if the first husband was
impotent or sterile or if the woman was pregnant
before the death of the first husband and gave birth
within the said period.
The period of 301 days is important only in cases
where the woman is not pregnant, or does not know
that she is pregnant at the time she becomes a
widow. If she is pregnant at such time, the prohibition
is good only up to delivery.
PURPOSE OF THE LAW
Since the purpose of punishing the
foregoing acts is to prevent cases of
doubtful paternity, the woman will
not be liable thereunder if: (a) she has
already delivered; and (b) she has
conclusive proof that she was not
pregnant by her first spouse since he
was permanently sterile.53
ART. 352. PERFORMANCE OF ILLEGAL MARRIAGE
CEREMONY
ACT PUNISHED
Performance or authorization by a priest
or
minister
of
any
religious
denomination or sect or by civil
authorities of any illegal marriage
ceremony.
EXCEPTION
-
NOTE:
53
Offender
A clergyman who performed a marriage

ceremony without knowledge of the
minority of one of the parties is not
liable.
must
be
authorized
People v. Masinsin, C.A., 49 O.G. 3908
to
solemnize
marriages.
11. CRIMES AGAINST CIVIL STATUS
==================================
=====
13. Crimes Against Honor
==================================
=====
Chapter 1: Libel
Sec. 1 Definition, forms and punishment
of the crime
Sec. 2 - General Provisions
Chapter 2: Incriminatory Machinations
A.M. 06-2008
==================================
========
Chapter 1: Libel
==================================
==============
SECTION 1. DEFINITION, FORMS, AND
PUNISHMENT OF THIS CRIMES
ART. 353. DEFINITION OF LIBEL/DEFAMATION
ELEMENTS:
1. That there must be an imputation of a crime, or of a
vice or defect, real or imaginary, or any act,
omission,
condition,
status,
or
circumstance
(defamatory imputation);
2. That the imputation must be made publicly;
3. That it must be malicious;
4. That the imputation must be directed at a natural
or juridical person, or one who is dead;
5. That the imputation must tend to cause the
dishonor, discredit or contempt of the person
defamed.
DEFINITION OF TERMS
1. LIBEL is a public and malicious imputation of a
crime, or a vice or defect, real or imaginary or any
act, commission, condition, status or circumstances
tending to cause the dishonor, discredit or contempt
of a natural or juridical person, or to blacken the
memory of one who is dead. It must be committed
through any of the acts enumerated in Art. 355
2. DEFAMATION may be libel or slander. Defamation is
the proper term for libel as used in Art. 353.
3. PUBLICATION is the communication of the
defamatory matter to some third person/s.
KINDS OF MALICE
1. MALICE IN LAW is presumed from a defamatory
imputation. Proof of malice is not required; may be
taken for granted in view of the grossness of the
imputation.
2. MALICE IN FACT is malice or ill-will which must be
proved.
WHEN DO MALICE IN FACT APPLY?
Malice in fact must be proved whenever the defamatory
imputation appears in a privileged communication.
WHEN DOES PRESUMPTION OF MALICE OF LAW
DISAPPEAR?
Upon proof of good intention and justifiable motive.
NOTE:
There is no distinction between calumny, insult and
libel. All kinds of attack against honor and reputation
is punished.
Malice is presumed to exist in injurious publications.
Defamatory remarks directed at a group of persons

are not actionable unless the statements are all
embracing or sufficiently specific for each victim to
be identifiable.
The meaning of the writer is immaterial.
In libel, the false accusation need not be made under
oath. It is perjury which requires that the false
accusation is made under oath.
Seditious libel is punished under Article 142
Imputation of criminal intention is not libellous
There are as many counts of libel as there are
persons defamed.
GENERALLY, THE PERSON LIBELED MUST BE

IDENTIFIED.
But the publication need not refer by name to the libeled
party. If not named, it must be shown that the description
of the person referred to in the defamatory publication
was sufficiently clear so that at least a 3rd person
would have identified the offended party.
PRESUMPTION OF PUBLICATION
To presume publication, there must be a reasonable
probability that the alleged libelous matter was thereby
exposed to be read or seen by 3rd persons.
CRITERIA TO DETERMINE WHETHER STATEMENTS
ARE DEFAMATORY:
1. In determining whether a statement is defamatory,
the words used are construed in their entirety and
taken in their plain, natural and ordinary meaning as
they would naturally be understood by persons
reading them, unless it appears that they were used
and understood in another sense.54
2. Words are calculated to induce the hearers to
suppose and understand that the person against
whom they are uttered were guilty of certain
offenses, or are sufficient to impeach their honesty,
virtue or reputation, or to hold the person up to
public ridicule;55 and
3. Words are construed not only as to the expression
used but also with respect to the whole scope and
apparent object of the writer.56
ART. 354. REQUIREMENT FOR PUBLICITY.
KINDS OF PRIVILEGED COMMUNICATION:
1. ABSOLUTELY PRIVILEGED not actionable even if
the actor has acted in bad faith;
2. QUALIFIEDLY PRIVILEGED those which, although
containing
defamatory
imputations,
are
not
actionable unless made with malice or bad faith.
54
Novicio v. Aggabao, G.R. No. 141332, December 11,

2003
55
U.S. v. OConnell, 37 Phil.767
56
People v. Encarnacion, C.A., 48 O.G. 1817
GENERAL RULE: Every defamatory imputation is

presumed malicious, even if it be true, if no good
intention and justifiable motive for making it is shown.
However, the presumption of malice is
rebutted, if it is shown by the accused that:
a. The defamatory imputation is true, in case
the law allows proof of the truth of the
imputation.
b. It is published with good intention; and
c. There is justifiable motive for making it..
EXCEPTION TO THE RULE (when malice is NOT
presumed):
1. Private communication in performance of legal,
moral or social duty.
REQUISITES:
a. That the person who made the communication had a
legal, moral or social duty to make the
communication or at least he had an interest to be
upheld; Legal duty presupposes a provision of law
conferring upon the accused the duty to
communicate.
b. That the communication is addressed to an officer or
a board, or superior, having some interest or duty on
the matter; and
c. That the statements in the communication are made
in good faith without malice in fact.
The defense of privileged communication will
be rejected if it shown by the prosecution or
the plaintiff:
a. That the defendant acted with malice in fact, or
b. That there is no reasonable ground for believing the
charge to be true.
2. Fair and true report of official proceedings,

made in good faith, without any comments and
remarks
REQUISITES:
a. That the publication of a report of an official
proceeding is a fair and true report of a judicial,
legislative, or other official proceedings which are not
of confidential nature, or of a statement, report, or
speech delivered in said proceedings, or of any other
act performed by a public officer in the exercise of
his functions;
b. That it is made in good faith; and
c. That it is made without any comments or remarks
DOCTRINE OF FAIR COMMENT
Fair commentaries on matters of public interest are
privileged and constitute a valid defense in an action
for libel or slander.
MALICE IN FACT - is the rivalry or ill-feeling existing at
the date of publication. It is the intention to injure the
reputation of the offended party, motivated by hate and
revenge.
MALICE IN FACT MAY BE PROVED OR SHOWN BY:
1. Extrinsic evidence that the defendant bore a grudge
against the offended party; or
2. That there was rivalry or ill-feeling between them
which existed at the date of the publication of the
defamatory imputation; or
3.
That the defendant had an intention to injure the

reputation of the offended party as shown by the
words used and the circumstances attending the
publication of the defamatory imputation.
NOTE:
Prosecution must prove malice in fact to convict the
accused
in
case
of
qualified
privileged
communication
Absolute Privileged Communication are not
actionable even if done in bad faith. This covers
statements made by members of Congress in
discharge of functions, and judicial proceedings when
pertinent and relevant to subject of inquiry
Unnecessary publicity destroys good faith. Defense
of privileged communication in paragraph 1 will be
rejected if it is shown that accused acted with malice
and there is no reasonable ground for believing the
charge to be true.
The mental, moral and physical fitness of a candidate
for public office may be subject to criticism. It does
not follow a public man into his private life and
domestic concerns.
Privileged Communication may be found in public
document
That the statement is a privileged communication is
a matter of defense
STATEMENTS MADE IN SELF-DEFENSE ARE OFTEN
PRIVILEGED
Statements made in self defense or in mutual controversy
are often privileged. The person libeled is justified to hit
back with another libel. However, retaliation and
vindictiveness cannot be the basis of self-defense in
defamation. Self-defense must be on matters related to
imputations made on the person invoking the defense.
ART. 355. LIBEL

SIMILAR MEANS
BY
MEANS
OF
WRITINGS
OR
THE MEANS BY WHICH LIBEL MAY BE COMMITTED

ARE BY:
1. writing;
2. printing,;
3. lithography;
4. engraving;
5. radio;
6. phonograph;
7. painting;
8. theatrical exhibitions;
9. cinematographic exhibitions; or
10. any similar means.
NOTES
The law provides, or any similar means which
easily qualifies television is such species or category.
Defamation made in a television program is libel.
Also includes pictures.
Defamation through an amplifier is not libel, but oral
defamation (slander).
The penalty prescribed is in addition to civil liability.
Libel may be absorbed in crime of threats if intent to

threaten is the principal aim and object.
ART. 356. THREATENING TO PUBLISH LIBEL AND

OFFER TO PREVENT SUCH PUBLICATION FOR A
COMPENSATION
ACTS PUNISHABLE:
1. By threatening another to publish a libel concerning
him, or his parents, spouse, child, or other members
of his family; or
2. By offering to prevent the publication of such libel
for compensation, or money consideration.
COMMENTS ON THE CONDUCT OF PUBLIC OFFICERS

DO NOT CONSTITUTE LIBEL
Defamatory remarks and comments on the conduct or
acts of public officers which are related to the discharge
of their official duties will not constitute libel if defendant
proves the truth of imputation. However, any attack upon
private character on matters not related to the discharge
of official duties may be libelous.
BLACKMAIL - Any unlawful extortion of money by

threats of accusation or exposure. It is possible in the
crimes of light threats (Art. 283) and in threatening to
publish libel
(Art. 356).
JURISPRUDENCE
A public figure has been defined as a person who, by his
accomplishments, fame, or mode of living, or by adopting
a profession or calling which gives the public a legitimate
interest in his doings, his affairs, and his character, has
become a 'public personage.' He is, in other words, a
celebrity. Obviously to be included in this category are
those who have achieved some degree of reputation by
appearing before the public, as in the case of an actor, a
professional baseball player, a pugilist, or any other
entertainer. The list is, however, broader than this. It
includes public officers, famous inventors and explorers,
war heroes and even ordinary soldiers, an infant prodigy,
and no less a personage than the Grand Exalted Ruler of
a lodge. It includes, in short, anyone who has
arrived at a position where public attention is
focused upon him as a person.57
ELEMENTS:
1. That the offender is a reporter, editor or manager
of a newspaper, daily or magazine;
2. That he publishes facts connected with the private
life of another; and
3. That such facts are offensive to the honor, virtue
and reputation of said person.
57
Guingguing v. CA, G.R. No. 128959, September 30,

2005
ART. 357. PROHIBITED PUBLICATION OF ACTS

REFERRED TO IN THE COURSE OF OFFICIAL
PROCEEDINGS
NOTES:
The prohibition to publish applies even such
publication be made in connection w/ or under the
pretext that it is necessary in the narration of any
judicial or administrative proceedings wherein such
facts have been mentioned.
Art. 357 constitutes the Gag law which bars from
publication news reports on cases pertaining to
adultery, divorce, issues about the legitimacy of
children, etc.
Source of news report may not be revealed unless
court or Congress finds such revelation is demanded

by the security of the State
annoyance + any of the 3 circumstance provided in

Art. 335 on rape (i.e. use of force or intimidation;
deprivation of reason or rendering the offended
unconscious; or if offended party was under 12 years
old, together with lewd designs)
ART. 358. SLANDER/ ORAL DEFAMATION

KINDS OF ORAL DEFAMATION:
1. GRAVE SLANDER - defamation is of a serious and
insulting nature;
2. SIMPLE SLANDER - light insult or defamation.
SECTION 2. GENERAL PROVISIONS
FACTORS THAT DETERMINE GRAVITY OF THE

OFFENSE:
1. expressions used
2. personal relations of the accused & the offended
party,
3. circumstances surrounding the case, and
4. social standing and position of the victim.
NOTE:
Words uttered in the heat of anger constitute light
oral defamation.
If the utterances were made publicly and were heard
by many people and the accused at the same time
pointed his finger at the complainant, oral
defamation is committed.
Uttering defamatory words in the heat of anger, with
some provocation on the part of the offended party
constitutes only a light felony. 58
ART. 359. SLANDER BY DEED
ELEMENTS:
1. That the offender performs any act not included in
any other crime against honor;
2. That such act is performed in the presence of other
person or persons; and
3. That such act casts dishonor, discredit or contempt
upon the offended party.
ART. 360. PERSONS RESPONSIBLE FOR LIBEL

1. The person who publishes, exhibits or causes the
publication or exhibition of any defamation in writing
or similar means;
2. The author or editor of a book or pamphlet;
3. The editor or business manager of a daily
newspaper magazine or serial publication; and
4. The owner of the printing plant which publishes a
libelous article with his consent and all other
persons, who in any way participate in or have
connection with its publication.
VENUE OF CRIMINAL AND CIVIL ACTION FOR
DAMAGES IN CASES OF WRITTEN DEFAMATION
(PROVIDES FOR EXCLUSIVE JURISDICTION):
1. where the libelous article is printed & 1st
published, or
2. where any of the offended parties actually resides at
the time of the commission of the offense, or
3. where one of the offended parties is a public officer:
a. if his office is in the City of Manila, with the
RTC of Manila otherwise, with the RTC of the
city/province where he held office at the
time of offense;
b. or the city/province where the article was 1st
published
4. where one of the offended parties is a private
individual, with the RTC of province/city where he
actually resides at the time of the crime or where
the article was printed or 1st published.
NOTE:
Slander may either be simple or grave, depending
upon the nature of the deed.
Pointing a dirty finger constitutes simple slander by
deed, it appearing from the factual milieu of the case
that the act complained of was employed "to express
anger or displeasure" at complainant. While it may
have cast dishonor, discredit or contempt upon
complainant, said act is not of a serious nature. 59
SERIOUSNESS OF SLANDER BY DEED DEPENDS ON:

11 The social standing of offended party
11 The circumstances surrounding the act
11 The occasion
DISTINCTIONS:
UNJUST VEXATION - irritation or annoyance;

anything that annoys or irritates without justification.
SLANDER BY DEED - irritation or annoyance +

attendant publicity and dishonor or contempt.
ACTS
58
59
OF
LASCIVIOUSNESS
irritation
Villanueva v. People, G.R. No. 160351, April 10, 2006

Id.
or
NOTE:
Complaint for defamation imputing a private crime
(i.e. adultery, concubinage, seduction, abduction,
and acts of lasciviousness) must be filed by the
offended party.
If the libel imputes a vice or defect and not a crime, it
is always prosecuted upon information signed and
filed by the fiscal
The person who publishes a libelous letter written by
the offended party is liable (publishing and not
composing is the prime requisite of crime).
Liability of the editor is same as the author.
Limitations of venue: In order to minimize
interference with public function when the case
involves a public officer and also to avoid
unnecessary harassment of the accused by limiting
out-of-town libel suits.
Action for exemplary damages may be awarded if
action is based on quasi-delict.
Civil and criminal actions must be filed in same court.
No remedy for damages for slander or libel in case of
absolutely privileged communication.
ART. 361. PROOF OF THE TRUTH
PROOF OF TRUTH IS ADMISSIBLE WHEN:

1. The act or omission imputed constitutes a crime
regardless of whether the offended party is a private
individual or a public officer, or
2. The offended party is a government employee,
even if the act or omission imputed does not
constitute a crime, provided, it is related to the
discharge of his official duties.
REQUISITES FOR ACQUITTAL FROM A LIBEL
CHARGE:
1. It appears that the matter charged as libelous is
TRUE (for situations (1) and (2) above); and
2. It was published with good motives and for a
justifiable end (for situation (1) only).
NOTES:
The proof of the truth of the accusation cannot be
made to rest upon mere hearsay, rumors, or
suspicion but upon positive, direct evidence upon
which a definite finding may be made by the court.
An imputation that a person has contagious disease
might under ordinary circumstances be defamatory
but loses such character when made with good
intention and justifiable motive.
There is no libel when there is no malice.
Retraction may mitigate the damages; if article is

libelous per se, publication due to honest mistake is
only mitigating.
ART. 362. LIBELOUS REMARKS

NOTES:
Libelous remarks or comments on privileged matters
(under Art. 354), if made with malice in fact, will not
exempt the author and editor.
This article is a limitation to the defense of privileged
communication. Even if matter is privileged and
malice in fact is proved, author and editor is liable
Author/editor of publication who distorts, mutilates or
discolors official proceedings reported by him, or add
comments thereon to cast aspersion on character of
parties concerned is guilty of libel
==================================
==============
Chapter 2: Incriminatory Machinations
==================================
==============
ART. 363. INCRIMINATING INNOCENT PERSON
ELEMENTS:
That the offender performs an act;
That by such act he directly incriminates or

imputes to an innocent person the commission of
a crime; and
That such act does not constitute perjury.

2
KINDS OF INCRIMINATING AN INNOCENT
PERSON:
Making a statement which constitutes:
a. defamation, or
b. perjury (if made under oath and is false)
Planting evidence
NOTES:
Art. 363 is limited to planting evidence and the like,
which tend directly to cause false prosecution.
Incriminatory machinations distinguished from
defamation does not avail himself of written or
spoken words.
There is a complex crime of incriminating an
innocent person through unlawful arrest.
INCRIMINATING AN
INNOCENT
Performs act to directly
incriminate or impute
commission of crime
Act of planting evidence
Arresto Mayor
PERJURY BY MAKING
FALSE ACCUSATION
Imputation falsely made
before an officer
False statement or affidavit
made under oath
Arresto Mayor max to
Prision Correccional min
ART. 364. INTRIGUING AGAINST HONOR

HOW COMMITTED:
This felony is committed by any person
who shall make any intrigue which has
for its principal purpose to blemish the
honor or reputation of another
person. It is committed by saying to
others an unattributable thing, that
if it said to the person himself,
slander is committed.
NOTE:
Must be committed by means of some tricky and
secret plot, and not gossiping which falls under
defamation.
Where the source or author of derogatory information
cannot be determined and defendant passes it to
others, defendants act is one of intriguing against
honor; if it came from a definite source, slander is
committed.
INTRIGUING AGAINST
HONOR
The offender resorts to an
intrigue for the purpose of
blemishing the honor or
reputation of another
person.
INTRIGUING AGAINST
HONOR
The source or author of the
derogatory information
cannot be determined and
the defendant borrows the
same &, without
subscribing to the truth
thereof, passes it to others.
INCRIMINATING AN
INNOCENT PERSON
The offender performs an
act by which he directly
incriminates or imputes to
an innocent person the
commission of a crime.
SLANDER
The source of information
can be pinpointed and
definitely determined and
defendant, adopting as his
own the information he has
obtained, passes the same
to another for the purpose
of causing dishonor to
complainants reputation.
A.M. 08-2008
(RULE OF PREFERENCE IN
IMPOSITION OF PENALTIES IN LIBEL CASES)
There is an emergent rule of preference for the imposition
of fine only rather than imprisonment in libel cases.
All courts and judges concerned should henceforth
take note of the foregoing rule of preference set by
the Supreme Court on the matter of the imposition
of penalties for the crime of libel bearing in mind
the following principles:
1. This Administrative Circular does not remove
imprisonment as an alternative penalty for the crime
libel under Article 355 of the Revised Penal Code;
2. The Judges concerned may, in the exercise of sound
discretion, and taking into consideration the peculiar
circumstances of each case, determine whether the
imposition of a fine alone would best serve the
interests of justice or whether forbearing to impose
imprisonment would depreciate the seriousness of
the offense, work violence on the social order, or
otherwise be contrary to the imperative of justice.
3.
Should only a fine be imposed and the accused be

unable to pay the fine, there is no legal obstacle to
the application of the Revised Penal Code provision
on subsidiary imprisonment.
13. CRIMES AGAINST HONOR
==================================
=====
14. Quasi Offenses
==================================
=====
CRIMINAL NEGLIGENCE
==================================
===============
ART. 365. IMPRUDENCE AND NEGLIGENCE
QUASI-OFFENSES ARE COMMITTED IN 4 WAYS:
1. By committing through reckless imprudence any act
which, had it been intentional, would constitute a
grave or less grave felony or light felony;
2. By committing through simple imprudence or
negligence an act w/c would otherwise constitute a
grave or a less serious felony;
3. By causing damage to the property of another
through reckless imprudence or simple imprudence
or negligence; or
4. By causing through simple imprudence or negligence
some wrong which, if done maliciously, would have
constitute a light felony.
ELEMENTS OF RECKLESS IMPRUDENCE:
1. That the offender does or fails to do an act;
2. That the doing of or the failure to do that act is
voluntary;
3. That it be without malice;
4. That material damage results; and
5. That there is inexcusable lack of precaution on the
part of the offender, taking into consideration
a. his employment or occupation,
b. degree of intelligence, physical condition,
and
c. other circumstances regarding persons, time
and place.
ELEMENTS OF SIMPLE IMPRUDENCE:
1. That there is lack of precaution on the part of the
offender; and
2. That the damage impending to be caused is not
immediate or the danger is not clearly manifest.
NEGLIGENCE
Deficiency of Perception
Failure in Advertence
Avoided by paying proper
attention and using due
diligence in foreseeing
them
IMPRUDENCE
Deficiency of Action
Failure in Precaution
Avoided by taking the
necessary precaution once
foreseen
NOTE:
Imprudence or Negligence is not a crime in itself, but

simply a way of committing a crime.
Art. 64 on mitigating and aggravating circumstances
is not applicable in quasi-offenses.
In the technical term Reckless Imprudence resulting
in Homicide, what is punished is not the act itself
but the mental attitude or condition behind the act.
Negligence is a quasi-offense. What is punished is
not the effect of the negligence but the recklessness
of the accused.
Contributory negligence of offended party is not a
defense but only mitigates criminal liability.
Violation of a rule or regulation or law is proof of
negligence.
No criminal liability for death or injuries caused by
recklessly negligent acts to trespassers where the
defendant was not aware of their presence.
QUALIFYING CIRCUMSTANCE IN QUASI OFFENSES

The offenders failure to lend on-the-spot assistance to
the victim of his negligence or abandoning ones victim is
usually punishable under Art. 275.
However, if it is charged under Art. 365, it is only a
qualifying circumstance. If not alleged at all, it cannot
even be considered as an aggravating circumstance.
TEST OF NEGLIGENCE
Q: Did the defendant, in doing the alleged negligent act,
use the reasonable care and caution which an ordinary
prudent person would have used in the same situation? If
not, then he is guilty of negligence.
RECKLESS IMPRUDENCE
The immediate personal
harm or damage to property
is perceivable and can be
prevented by the exercise of
reasonable care. The want
of reasonable care to
prevent harm or damage
constitutes reckless
imprudence.
FORCE MAJEURE
Events which could not
be foreseen, or which,
though foreseen, were
inevitable. It implies an
extraordinary
circumstance which is
independent of the will of
the actor.
LAST CLEAR CHANCE RULE

The contributory negligence of the injured party will not
defeat the action if it be shown that the accused might,
by the exercise of reasonable care and prudence, have
avoided the consequences of the negligence of the

injured party.
DOCTRINE
OF
PRE-EMPTION
IN
VEHICLE
COLLISIONS
Although the driver of a motor vehicle crossing a thrustreet is supposed to wait along the intersection for the
driver of another vehicle running along said thru-street, if
the driver crossing the street had already reached the
middle thereof, the other driver travelling along the thrustreet, although with a right of pre-emption, has the duty
to stop his motor vehicle in order to avoid a collision.
EMERGENCY RULE
A person confronted with emergency may be left with no
time for thought and must make speedy decision based
on impulse or instinct, and cannot be held liable for same
conduct as one who had the opportunity to reflect. This is
applicable only when the situation that arises is sudden,
unexpected, and is such as to deprive him of all
opportunity for deliberation.
Eg. An automobile driver, who, by the negligence of
another, is suddenly placed in an emergency and is
compelled to act instantly to avoid a collision or injury,
is not guilty of negligence if he makes a choice which a
person of ordinary prudence placed in such a position
might make even though he did not make the wisest
choice.
NOTE: Must be based on negligence of another with no
proof of his own negligence.
END OF DISCUSSON ON TOPIC
=================================

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CRIMINAL LAW

BOOK II AND SPECIAL PENAL LAWS

CRIMINAL LAW BOOK II AND SPECIAL PENAL LAWS

ADMU 2012 CRIMINAL LAW REVIEWER

ADMU 2012 CRIMINAL LAW REVIEWER

f. Human Security Act of 2007 (R.A. 9372)

ADMU 2012 CRIMINAL LAW REVIEWER

ADMU 2012 CRIMINAL LAW REVIEWER

BOOK II AND SPECIAL PENAL LAWS

Adheres to the enemies, giving them aid or comfort.

ALLEGIANCE obligation of fidelity and obedience which the individuals owe to

Treason is a war crime (hence cannot be committed in time of peace), punished

Actual assembling of men

Purpose of executing a treasonable design by force

Actual adherence &

War in which the Philippines is involved;

TREASON breach of allegiance to the government by a person who owes

Adherence to enemies requires concurrence of:

TWO WITNESS RULE:

Concurring Opinion of Justice Perfecto, Laurel v. Misa, G.R.

Justice Johnson dissenting; US v. Lagnason, G.R. No. 1582,

Hauft v. United States, 67 S. Ct. 874

People v. Concepcion G.R. No. L-1853, October 25, 1949

People v. Escleto, G.R. No. L-1006, June 28, 1949

CRIMINAL LAW REVIEWER

Obedience to de facto government

Joining the enemy army thus becoming

There is no treason through negligence. It requires intent.6

ART. 115. CONSPIRACY AND PROPOSAL TO COMMIT TREASON

Levy war against the government, or

ART. 117. ESPIONAGE

Adhere to the enemies and to give them aid or comfort

3. They decide to commit it.

a. That the offender (Filipino OR Alien Resident) enters a warship,

b. That he has no authority therefore; and

fort, naval or military establishment or reservation;

other data of a confidential nature relative to the defense of the

By disclosing to the representative of a foreign nation the contents of the

As a general rule, conspiracy and proposal to commit a felony is not

Mere proposal even without acceptance is punishable. If the other

If actual acts of treason are committed after the conspiracy or proposal,

Two-witness rule not applicable since this is a crime separate and

Offender is punished as an accessory to the crime of treason. But such

That the offender is a public officer;

That he has in his possession the articles, data or information

That he discloses their contents to a representative of a foreign

Cramer v. US 65 Sup. Ct. 918, April 23, 1945

Committed in war time

War and Peace time

People v. Victoria, G.R. No. L-369 March 13,1947

Committed in many ways

People v. San Juan, G.R. No. L-2997, June 29, 1951

People v. Prieto 80 Phil. 138

Limited in two ways: levying war,

CRIMINAL LAW REVIEWER

C.A. NO. 616

SECTION 2. PROVOKING WAR AND DISLOYALTY IN CASE OF WAR

Intent of the offender is immaterial.

ART. 119. VIOLATION OF NEUTRALITY

CORRESPONDENCE communication by means of letters or it may refer to

That the offender intended to aid the enemy

If the offender intended to aid the enemy by giving such notice or

It is immaterial if correspondence contains innocent matters when it is

ART. 121. FLIGHT TO ENEMYS COUNTRY