Professional Documents
Culture Documents
ELEMENTS:
1. That a person is killed;
2. That the deceased is killed by the accused;
3. That the deceased is the
a. father, mother, or
b. child, whether legitimate or illegitimate, or
c. legitimate other ascendant or other descendant, or
d. legitimate spouse of the accused.
1.
Parricide (A.246)
2.
Murder (248)
3.
Homicide (249)
4.
5.
6.
7.
Supreme Court ruled that Muslim husbands with several wives can
be convicted of parricide only in case the first wife is killed.
8.
Infanticide (255)
9.
10.
11.
12.
(259)
13.
Duel (260)
14.
15.
Mutilation (262)
16.
17.
18.
19.
20.
Rape (266-A)
SECTION ONE
Parricide, Murder, Homicide
Parricide
ART.246
ARTICLE 246. Parricide. Any person who shall kill his father, mother, or
child, whether legitimate or illegitimate, or any of his ascendants, or
Any person who shall promote or facilitate the prostitution of his wife or
daughter, or shall otherwise have consented to the infidelity of the other
spouse shall not be entitled to the benefits of this article.
ELEMENTS:
1. A legally married person or parent surprises his spouse or
daughter (the latter must be under 18 and living with them) in the
act of committing sexual intercourse with another person;
2. He/she kills any or both of them or inflicts upon any or both of
them any serious physical injury in the act or immediately
thereafter; and
Murder
ART.248
ARTICLE 248. Murder. Any person who, not falling within the provisions of
article 246 shall kill another, shall be guilty of murder and shall be punished by
reclusin temporal in its maximum period to death, if committed with any of
the following attendant circumstances:
1. 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.
2. In consideration of a price, reward or promise.
ELEMENTS:
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended by any of the following qualifying
circumstances:
a. with treachery, taking advantage of superior strength, with the
aid 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.
The victim must be killed in order to consummate the offense.
Otherwise, it would be attempted or frustrated murder.
When the victim is already dead, intent to kill becomes irrelevant.
It is important only if the victim did not die to determine if the
felony is physical injury or attempted or frustrated homicide.
That murder will exist with only one of the circumstances described
in Article 248. When more than one of said circumstances are
present, the others must be considered as generic aggravating.
That when the other circumstances are absorbed or included in one
qualifying circumstance, they cannot be considered as generic
aggravating.
Any of the qualifying circumstances must be alleged in the
information. Otherwise, they will only be considered as generic
aggravating circumstances.
Treachery and premeditation are inherent in murder with the use
of poison.
PEOPLE vs. SANTOS, GR 127492, 1/16/04
A sudden and unexpected attack under circumstances which render
the victim unable to defend himself by reason of the suddenness
and severity of the attack constitutes alevosia.
PEOPLE vs. ERIC GUILLERMO, GR 147786, 1/20/04
Dismemberment of a dead body is one manner of outraging or
scoffing at the corpse of the victim.
PEOPLE vs. MONTAEZ, GR 148257, 3/17/04
The barefaced fact that Daniel Sumaylo pleaded guilty to the felony
of homicide is not a bar to the appellant being found guilty of murder
as a principal.
It bears stressing that Sumaylo plea-bargained on his rearraignment. Even if the public prosecutor and the father of the
victim agreed to Sumaylo's plea, the State is not barred from
prosecuting the appellant for murder on the basis of its evidence,
independently of Sumaylo's plea of guilt.
People v. Pugay and Samson
Intent to kill must be present for the use of fire to be appreciated as
a qualifying circumstance. Intending to make fun of a retard, Pugay
poured gasoline on the latter while Samson set him on fire. The
retard died. There was no animosity between the two accused and
the victim such that it cannot be said that they resort to fire to kill
him. It was merely a part of their fun making but because their acts
were felonious, they are criminally liable.
POISON - Treachery and evident premeditation are inherent in
murder by poison only if the offender has the intent to kill the victim
by use of poison.
Homicide
ART.249
ARTICLE 249. Homicide. Any person who, not falling within the provisions
of article 246 shall kill another without the attendance of any of the
circumstances enumerated in the next preceding article, shall be deemed
guilty of homicide and be punished by reclusion temporal.
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.
Intent to kill is conclusively presumed when death resulted. Hence,
evidence of intent to kill is required only in attempted or frustrated
homicide.
assaulting and attacking each other reciprocally, quarrel and assault each
Penalty shall be one degree higher than that imposed by law when
the victim is under 12 years of age
When several assailants not acting in conspiracy inflicted wounds on
a victim but it cannot be determined who inflicted which would which
caused the death of the victim, all are liable for the victims death.
In attempted or frustrated homicide, there is intent to kill. In
physical injuries, there is none. However, if as a result of the physical
injuries inflicted, the victim died, the crime will be homicide because
the law punishes the result, and not the intent of the act.
Corpus delicti actual commission of crime charged
PEOPLE vs. DELA CRUZ, G.R. No. 152176, 10/1/03
The qualifying circumstance of treachery was not sufficiently
established by the prosecution. The prosecution witness did not see
the actual stabbing of the victim. Therefore, there is no way of
determining on how the attack was initiated. In the same way that
no testimony would prove that the appellant contemplated upon the
mode to insure the killing. The crime committed by appellant is
homicide.
GOROSPE vs. PEOPLE, G.R. No. 147974. 1/29/04
No error was committed by the trial court in characterizing the
felonious assault as frustrated homicide and convicting appellant
therefor. The appellant acted with intent to kill in firing the gun at
Miguel. Usually, the intent to kill is shown by the kind of weapon
used by the offender and the parts of the victims body at which the
weapon was aimed, as shown by the wounds inflicted.
ARADILLOS vs. COURT OF APPEALS G.R. No. 135619,
1/15/04
An accused may be convicted of slight, less serious or serious
physical injuries in a prosecution for homicide or murder, inasmuch
as the infliction of physical injuries could lead to any of the latter
offenses when carried to its utmost degree despite the fact that an
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 quarreled and assaulted one another
in a confused and tumultuous manner;
4. That someone was killed in the course of the affray;
5. That it cannot be ascertained who actually killed the deceased;
and
6. That the person or persons who inflicted serious physical injuries
or who used violence can be identified.
PERSONS LIABLE:
1. person/s who inflicted serious physical injuries
2. if it is not known who inflicted serious physical injuries on the
deceased, all persons who used violence upon the person of the
victim.
Tumultuous affray exists when at least 4 persons take part in it.
When there are 2 identified groups of men who assaulted each other,
there is no tumultuous affray.
The person killed need not be a participant in the affray
Those who used violence are liable for death caused in a tumultuous
affray only if it cannot be determined who inflicted the serious
physical injuries on the deceased
Tumultuous in Article 153 more than three persons who are
armed or provided with means of violence
Tumultuous affray is a commotion in a confused manner to an extent
that it would not be possible to identify who the killer is if death
results, or who inflicted the serious physical injury, but the person or
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.
Persons liable: All those who have used violence on the person of
the offended party.
Injured party must be a participant of the tumultuous affray
If the one who caused physical injuries are known, he will be liable
for physical injuries actually committed
Slight physical injuries not included
Discharge Of Firearms
ART.254
ARTICLE 254. Discharge of Firearms. Any person who shall shoot at
another with any firearm shall suffer the penalty of prisin correccional in its
minimum and medium periods, unless the facts of the case are such that the
act can be held to constitute frustrated or attempted parricide, murder,
homicide or any other crime for which a higher penalty is prescribed by any of
the articles of this Code.
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.
The offender must shoot at another with any firearm without
intention of killing him. If the firearm is not discharged at a person,
the act is not punished under this article.
No crime if firearm is not discharged.
A discharge towards the house of the victim is not discharge of
firearm. Firing a gun at the house of the offended party, not
knowing in what part of the house the people were, is only alarm
under Art. 155.
Usually, the purpose of the offender is only to intimidate or
frighten the offended party.
If there is intention to kill, it may be classified as frustrated or
attempted parricide, murder, or homicide.
No intent to kill if the distance is 200 meters.
A person can be held liable for discharge even if the gun was not
pointed at the offended party when it fired as long as it was initially
aimed at or against the offended party.
ARTICLE 253. Giving Assistance to Suicide. Any person who shall assist
another to commit suicide shall suffer the penalty of prisin mayor; if such
person lends his assistance to another to the extent of doing the killing
himself, he shall suffer the penalty of reclusin temporal. However, if the
suicide is not consummated, the penalty of arresto mayor in its medium and
maximum periods shall be imposed.
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.
SECTION TWO
Infanticide and Abortion
Infanticide
ART.255
ARTICLE 255. Infanticide. The penalty provided for parricide in article 246
and for murder in article 248 shall be imposed upon any person who shall kill
any child less than three days of age.
If the crime penalized in this article be committed by the mother of the child for
the purpose of concealing her dishonor, she shall suffer the penalty of prisin
correccional in its medium and maximum periods, and if said crime be
committed for the same purpose by the maternal grandparents or either of
them, the penalty shall be prisin mayor.
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.
When the offender is the father, mother or legitimate ascendant,
he shall suffer the penalty prescribed for parricide. If the offender is
any other person, the penalty is that for murder.
In either case, the proper qualification for the offense is infanticide.
If the offender is the parent and the victim is less than three days
old, the crime is infanticide and not parricide. The fact that the
killing was done to conceal her dishonor will not mitigate the criminal
liability anymore because concealment of dishonor in killing the child
is not mitigating in parricide.
Only the mother and maternal grandparents of the child are entitled
to the mitigating circumstance of concealing the dishonor.
When infanticide is committed by the mother or maternal
grandmother of the victim in order to conceal the mothers dishonor,
such fact is only mitigating.
The delinquent mother who claims that she committed the offense to
conceal the dishonor must be of good reputation. Hence, if she is a
prostitute, she is not entitled to a lesser penalty because she has no
honor to protect.
There is no infanticide when the child was born dead, or although
born alive it could not sustain an independent life when it was killed.
A stranger who cooperates in the perpetration of infanticide
committed by the mother or grandparent on the mothers side, is
liable for infanticide, but he must suffer the penalty prescribed for
murder.
Unintentional Abortion
ART.257
ARTICLE 257. Unintentional Abortion. The penalty of prisin correccional in
its minimum and medium period shall be imposed upon any person who shall
cause an abortion by violence, but unintentionally.
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.
Intentional Abortion
ART.256
ELEMENTS:
1. That there is a pregnant woman;
2. That violence is exerted, or drugs or beverages administered, or
that the accused otherwise acts upon such pregnant woman;
3. That as a result of the use of violence or drugs or beverages upon
her, or any other act of the accused, the fetus dies, either in the
womb or after having been expelled therefrom.
4. That the abortion is intended.
A fetus about six months old cannot subsist by itself, outside the
maternal womb. Abortion usually means expulsion before 6th month
or before term of its viability
Viada: Abortion, as long as fetus dies as a result of violence used or
drugs administered
Infanticide, if:
(1) Fetus could sustain independent life after its separation from
maternal womb, and
(2) it is killed
Fetus survives in spite of attempt to kill it or use of violence:
a. Abortion intended, all acts of execution performed frustrated
intentional abortion
b. Abortion not intended, fetus does not die physical injuries
Duel
ART.260
ART.258
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.
The liability of the pregnant woman is mitigated if the purpose is to
conceal her dishonor. However, there is no mitigation for the parents
of the pregnant women even if their purpose is to conceal their
daughters dishonor, unlike in infanticide.
ACTS PUNISHED:
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:
1. Principals person who killed or inflicted physical injuries upon his
adversary, or both combatants in any other cases.
2. Accomplices as seconds
A duel is a formal or regular combat previously concerted between 2
parties in the presence of 2 or more seconds of lawful age on each
side, who make the selection of arms and fix all the other conditions
of the fight.
If death results, the penalty is the same as that for homicide.
ART.259
There is no such crime nowadays because people hit each other even
without entering into any pre- conceived agreement. This is an
obsolete provision.
If these are not the conditions of the fight, it is not a duel in the
sense contemplated in the Revised Penal Code. It will be a quarrel
and anyone who killed the other will be liable for homicide or murder,
as the case may be
Any pharmacist who, without the proper prescription from a physician, shall
dispense any abortive shall suffer arresto mayor and a fine not exceeding
1,000 pesos.
Challenging To A Duel
ART.261
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.
It is not necessary that the pharmacist knew that the abortive would
be used to cause abortion. What is punished is the act of dispensing
an abortive without the proper prescription. It is not necessary that
the abortive be actually used.
If the pharmacist knew that the abortive would be used to cause
abortion and abortion results, he is liable as an accomplice.
RA 4729: regulates the sale, dispensation, and/or distribution of
contraceptive drugs and devices
If the abortion is produced by a physician to save the life of the
mother, there is no liability.
It is not unlawful if Sale, dispensation or distribution of contraceptive
drug or contraceptive device is by a duly licensed drug store or
pharmaceutical company and with prescription of qualified medical
practitioner.
ACTS PUNISHABLE:
1. Challenging another to a duel.
2. Inciting another to give or accept a challenge to a duel.
3. Scoffing at or decrying another publicly for having refused to
accept a challenge to fight a duel.
PERSONS LIABLE:
1. Challenger
2. Instigators
People v. Tacomoy
If one challenges another to a duel by shouting Come down,
Olympia, let us measure your prowess. We will see whose intestines
will come out. You are a coward if you do not come down, the crime
of challenging to a duel is not committed. What is committed is the
crime of light threats under Article 285, paragraph 1 of the Revised
Penal Code.
CHAPTER TWO
Physical Injuries
SECTION THREE
Mutilation
ART.262
KINDS OF MUTILATION:
1. Intentionally mutilating another by depriving him, totally or
partially, of some essential organ for reproduction.
2. 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.
ELEMENTS OF THE FIRST KIND OF MUTILATION:
1. Castration, i.e. mutilation of organs necessary for generation such
as the penis or ovarium; and
2. Purposely and deliberately.
In the first kind of mutilation, the castration must be made
purposely. Otherwise, it will be considered as mutilation of the
second kind.
Mayhem refers to any other intentional mutilation.
Under R.A. 7610, the penalty for the second type of mutilation
shall be one degree higher when the victim is below 12 years old.
Intent to mutilate must be established. If there is no intent, the
crime is only serious physical injury.
HOW COMMITTED:
1. Wounding;
2. Beating;
3. Assaulting; or
4. Administering injurious substances.
SERIOUS PHYSICAL INJURIES:
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, loses
an eye, a hand, foot, arm or leg,
b. loses the use of any such member, or
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).
Serious physical injuries may be committed through reckless
imprudence or simple imprudence.
There must be no intent to kill.
Impotence includes inability to copulate and sterility.
Blindness requires lost of vision in both eyes. Mere weakness
in vision is not contemplated.
Loss of power to hear must involve both ears. Otherwise, it will
be considered as serious physical injuries under par 3.
ARTICLE 263. Serious Physical Injuries. Any person who shall wound, beat,
or assault another, shall be guilty of the crime of serious physical injuries and
shall suffer:
1. The penalty of prisin mayor, if in consequence of the physical injuries
inflicted, the injured person shall become insane, imbecile, impotent, or blind;
2. The penalty of prisin correccional in its medium and maximum periods, if
in consequence of the physical injuries inflicted, the person injured shall have
lost the use of speech or the power to hear or to smell, or shall have lost an
eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such
member, or shall have become incapacitated for the work in which he was
theretofore habitually engaged;
3. The penalty of prisin correccional in its minimum and medium periods, if in
consequence of the physical injuries inflicted, the person injured shall have
become deformed, or shall have lost any other part of his body, or shall have
lost the use thereof, or shall have been ill or incapacitated for the performance
of the work in which he was habitually engaged for a period of more than
ninety days;
4. The penalty of arresto mayor in its maximum period to prisin correccional
in its minimum period, if the physical injuries inflicted shall have caused the
illness or incapacity for labor of the injured person for more than thirty days.
If the offense shall have been committed against any of the persons
enumerated in article 246, or with attendance of any of the circumstances
mentioned in article 248, the case covered by subdivision number 1 of this
article shall be punished by reclusin temporal in its medium and maximum
periods; the case covered by subdivision number 2 by prisin correccional in
its maximum period to prisin mayor in its minimum period; the case covered
by subdivision number 3 by prisin correccional in its medium and maximum
periods; and the case covered by subdivision number 4 by prisin
correccional in its minimum and medium periods.
ARTICLE 266. Slight Physical Injuries and Maltreatment. The crime of slight
physical injuries shall be punished:
1. By arresto menor when the offender has inflicted physical injuries which
shall incapacitate the offended party for labor from one to nine days, or shall
require medical attendance during the same period.
2. By arresto menor or a fine not exceeding 200 pesos and censure when the
offender has caused physical injuries which do not prevent the offended party
ART.264
ARTICLE 264. Administering Injurious Substances or Beverages. The
penalties established by the next preceding article shall be applicable in the
respective cases to any person who, without intent to kill, shall inflict upon
another any serious physical injury, by knowingly administering to him any
injurious substances or beverages or by taking advantage of his weakness of
mind or credulity.
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.
It is frustrated murder when there is intent to kill
Administering means introducing into the body the substance, thus
throwing of the acid in the face is not contemplated.
Weakness of mind or credulity - witchcraft, philters, magnetism
ARTICLE 265. Less Serious Physical Injuries. Any person who shall inflict
upon another physical injuries not described in the preceding articles, but
which shall incapacitate the offended party for labor for ten days or more, or
shall require medical attendance for the same period, shall be guilty of less
serious physical injuries and shall suffer the penalty of arresto mayor.
Whenever less serious physical injuries shall have been inflicted with the
manifest intent to insult or offend the injured person, or under circumstances
adding ignominy to the offense, in addition to the penalty of arresto mayor, a
fine not exceeding 500 pesos shall be imposed.
Any less serious physical injuries inflicted upon the offenders parents,
ascendants, guardians, curators, teachers, or persons of rank, or persons in
authority, shall be punished by prisin correccional in its minimum and
medium periods, provided that, in the case of persons in authority, the deed
does not constitute the crime of assault upon such persons.
ELEMENTS:
1. That the offended party is incapacitated for labor for 10 days or
more (but not more than 30 days), or needs medical attendance for
the same period of time; and
2. That the physical injuries must not be those described in the
preceding articles.
CIRCUMSTANCES QUALIFYING THE OFFENSE:
1. when there is manifest intent to insult or offend the injured
person
2. when there are circumstances adding ignominy to the offense
3. when the victim is either the offenders parents, ascendants,
guardians, curators or teachers
4. when the victim is a person of rank or person in authority,
provided the crime is not direct assault
This article applies even if there was no incapacity but the medical
treatment was for more than 10 days.
Rape
ART.266A-266B.
[REPUBLIC ACT 8353]
AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE,
RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS,
AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR
OTHER PURPOSES
SECTION 1. Short Title. This Act shall be known as The AntiRape Law of 1997.
SEC. 2. Rape as a Crime Against Persons. The crime of rape shall
hereafter be classified as a Crime Against Persons under Title
Eight of Act No. 3815, as amended, otherwise known as the
Revised Penal Code. Accordingly, there shall be incorporated into
Title Eight of the same Code a new chapter to be known as
Chapter Three on Rape, to read as follows:
Chapter Three
Rape
"Article 266-A. Rape: When And How Committed. - Rape is committed:
"1) By a man who shall have carnal knowledge of a woman under any of
the following circumstances:
"a) Through force, threat, or intimidation;
"b) When the offended party is deprived of reason or otherwise unconscious;
"c) By means of fraudulent machination or grave abuse of authority; and
"d) When the offended party is under twelve (12) years of age or is demented,
even though none of the circumstances mentioned above be present.
"2) By any person who, under any of the circumstances mentioned in
paragraph 1 hereof, shall commit an act of sexual assault by inserting his
penis into another person's mouth or anal orifice, or any instrument or object,
into the genital or anal orifice of another person.
"Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article
shall be punished by reclusion perpetua.
"Whenever the rape is committed with the use of a deadly weapon or by two or
more persons, the penalty shall be reclusion perpetua to death.
"When by reason or on the occasion of the rape, the victim has become
insane, the penalty shall become reclusion perpetua to death.
"When the rape is attempted and a homicide is committed by reason or on the
occasion thereof, the penalty shall be reclusion perpetua to death.
"When by reason or on the occasion ofthe rape, homicide is committed, the
penalty shall be death.
"The death penalty shall also be imposed if the crime of rape is committed
with any of the following aggravating/qualifying circumstances:
"l) When the victim is under eighteen (18) years of age and the offender is a
parent, ascendant, step-parent, guardian, relative by consanguinity or affinity
within the third civil degree, or the common-law spouse of the parent of the
victim;
"2) When the victim is under the custody of the police or military authorities or
any law enforcement or penal institution;
"3) When the rape is committed in full view of the spouse, parent, any of the
children or other relatives within the third civil degree of consanguinity;
"4) When the 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;
"5) When the victim is a child below seven (7) years old;
"6) When the offender knows that he is afflicted with the Human ImmunoDeficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any
other sexually transmissible disease and the virus or disease is transmitted to
the victim;
"7) When committed by any member of the Armed Forces of the Philippines or
para-military units thereof or the Philippine National Police or any law
enforcement agency or penal institution, when the offender took advantage of
his position to facilitate the commission of the crime;
"8) When by reason or on the occasion of the rape, the victim has suffered
permanent physical mutilation or disability;
"9) When the offender knew of the pregnancy of the offended party at the time
of the commission of the crime; and
"10) When 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 under paragraph 2 of the next preceding article shall be punished by
prision mayor.
"Whenever the rape is committed with the use of a deadly weapon or by two or
more persons, the penalty shall be prision mayor to reclusion temporal.
"When by reason or on the occasion of the rape, the victim has become
insane, the penalty shall be reclusion temporal.
"When the rape is attempted and a homicide is committed by reason or on the
occasion thereof, the penalty shall be reclusion temporal to reclusion
perpetua.
"When by reason or on the occasion ofthe rape, homicide is committed, the
penalty shall be reclusion perpetua.
"Reclusion temporal shall be imposed if the rape is committed with any of the
ten aggravating/ qualifying circumstances mentioned in this article.
"Article 266-C. Effect of Pardon. - The subsequent valid marriage between the
offended party shall extinguish the criminal action or the penalty imposed.
"In case it is the legal husband who is the offender, the subsequent
forgiveness by the wife as the offended party shall extinguish the criminal
action or the penalty: Provided, That the crime shall not be extinguished or the
penalty shall not be abated if the marriage is void ab initio.
"Article 266-D. Presumptions. - Any physical overt act manifesting resistance
against the act of rape in any degree from the offended party, or where the
offended party is so situated as to render her/him incapable of giving valid
consent, may be accepted as evidence in the prosecution of the acts punished
under Article 266-A."
The Anti-Rape Law of 1997 (RA 8353) now classified the crime of
rape as a Crime Against Persons. It incorporated rape into Title 8 of
the RPC.
ELEMENTS:
Rape is committed 1. By a man who shall have carnal knowledge of a woman under any
of the following circumstances:
a. through force, threat or intimidation;
b. when the offended party is deprived of reason or otherwise
unconscious;
c. by means of fraudulent machination or grave abuse of authority;
d. when the offended party is under 12 years of age or is demented,
even though none of the circumstances mentioned above be present.
(2) ascendant,
(3) step-parent,
(4) guardian,
(5) relative by consanguinity or affinity within the 3rd civil degree,
(6) 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;
f. a child below 7 years old;
g. offender knows he is afflicted with HIV or AIDS or any other
sexually transmissible disease and the virus is transmitted to the
victim;
h. offender is a member of the AFP, or para-military units thereof, or
the PNP, or any law enforcement agency or penal institution, when
the offender took advantage of his position to facilitate the
commission of the crime;
i. the victim suffered permanent physical mutilation or disability;
j. the offender knew of the pregnancy of the offended party at the
time of the commission of the crime; and
k. when the offender knew of the mental disability, emotional
disorder and/or physical handicap of the offended party at the time
of the commission of the crime.
Rape committed under paragraph 2 is punishable by:
1. prision mayor
2. prision mayor to reclusion temporal when:
a. there was use of deadly weapon, or
b. when committed by two or more persons.
3. reclusion temporal when the victim has become insane
4. reclusion temporal to reclusion perpetua rape is attempted and
homicide is committed
5. reclusion perpetua homicide is committed by reason or on
occasion of rape
6. reclusion temporal committed with any of the 10 aggravating
circumstances mentioned above
Dividing age in rape:
1. less than 7 years old - mandatory death
2. less than 12 years old - statutory rape
3. less than 18 years old and there is relationship (e.g. parent, etc.)
- mandatory death
Degree of Force necessary:
1. Force sufficient to consummate culprits purpose
2. Consider age, size and strength of parties and their relation to
each other
Rape may be committed by employing intimidation (Intimidation
Moral kind)
When the offender in rape has an ascendancy or influence over the
girl, it is not necessary to put up determined resistance
Rape may be proved by testimony of woman alone
1. An accusation for rape can be made with facility, is difficult to
prove, but more difficult for person accused, though innocent, to
disprove
2. Nature only two persons are involved, testimony of complainant
must be scrutinized with extreme caution
3. The evidence for prosecution must stand or fall on its own merits,
and cannot be allowed to draw strength from weakness of evidence
for defense
Deprivation of reason contemplated by law need not be complete,
mental abnormality or deficiency is sufficient
CONSUMMATED RAPE: penetration of labia consummates the crime
of rape
ATTEMPTED RAPE: intent to have carnal knowledge must be clearly
shown
Multiple rape by two or more offenders each one is responsible not
only for rape personally committed, but also for rape committed by
others
Rape with homicide is now a special complex crime
Rape infecting victim with gonorrhea that caused death is an
illustration of rape with homicide
Indemnity in Rape: P50,000 mandatory; if circumstances which
death penalty is authorized P75,000; Rape with homicide P100,000
Moral damages P50,000, without need of proof
Exemplary damages if crime committed with one or more
aggravating circumstances
PEOPLE vs.NEQUIA, G.R. No. 146569.10/6/03
ELEMENTS:
1. That the offender is a private individual;
2. That he kidnaps or detains another, or in any other manner
deprives the liberty;
3. That the act of detention or kidnapping must be illegal; and
4. 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. that it is 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.
Qualifying Circumstances:Death is imposed [death penalty
suspended]
1. Purpose is to extort ransom.
2. When the victim is killed or dies as a consequence of the
detention.
3. When the victim is raped.
4. When victim is subjected to torture of dehumanizing act
The offenders here are private individuals or public officers acting in
their private capacity. If they are public officers, they are covered
by the crimes under Title 2.
When a public officer conspires with a private person in the
commission of any of the crimes under Title IX, the crime is also one
committed under this title and not under Title II.
The purpose is immaterial when any of the circumstances in the first
paragraph of Art. 267 is present.
Essential element: deprivation of liberty.
Definition of ransom: It is the money, price or consideration paid or
demanded for redemption of a captured person or persons, a
payment that releases a person from captivity
Special complex crime of Kidnapping with Murder: When the victim
dies or is killed as a consequence of the detention.
Forcible abduction: If a woman is transported from one place to
another by virtue of restraining her of her liberty, and that act is
coupled with lewd designs.
Serious illegal detention: If a woman is transported just to restrain
her of her liberty. There is no lewd design or lewd intent.
Grave coercion: If a woman is carried away just to break her will, to
compel her to agree to the demand or request by the offender.
PEOPLE vs. OBESO G.R. No. 152285. 10/24/03
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. 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.
PEOPLE vs. PICKRELL, G.R No. 120409. 10/23/03
Although the victim my have inceptually consented to go with the
ELEMENTS:
1. That the offender is a private person;
2. 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;
3. That the act of detention or kidnapping must be illegal;
4. That the crime is committed without the attendance of any of the
circumstances enumerated in Art. 267.
PRIVILEGED MITIGATING CIRCUMSTANCE:Penalty is lowered
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.
The prevailing rule now is Asistio v. Judge, which provides that
voluntary release will only mitigate criminal liability if crime was
slight illegal detention. If serious, it has no effect.
The liability of one who furnishes the place where the offended
party is being held captive is that of a principal and not of an
accomplice.
Unlawful Arrest
ART.269
ARTICLE 269. Unlawful Arrest. The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon any person who, in any case
other than those authorized by law, or without reasonable ground therefor,
shall arrest or detain another for the purpose of delivering him to the proper
authorities.
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.
If the person committing any of the crimes covered by the two preceding
articles shall be the father or the mother of the minor, the penalty shall be
arresto menor or a fine not exceeding 200 pesos, or both.
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.
The minor should not leave his home of his own free will.
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.
Father or mother may commit the crimes in Art. 170 and 171 where
they are living separately and the custody f the minor children is
given to one of them.
SECTION THREE
Slavery and Servitude
SECTION TWO
Kidnapping of Minors
ELEMENTS:
1. That the offender is entrusted with the custody of a minor
person ; and
2. That he deliberately fails to restore the said minor to his parents.
If any of the foregoing elements is absent, the kidnapping of the
minor will then fall under Article 267.
The essential element which qualifies the crime of kidnapping a
minor under Art. 270 is that the offender is entrusted with the
custody of the minor.
If the accused is any of the parents, Article 267 does not apply;
Articles 270 and 271 apply.
Slavery
ART.272
ARTICLE 272. Slavery. The penalty of prisin mayor and a fine of not
exceeding 10,000 pesos shall be imposed upon anyone who shall purchase,
sell, kidnap or detain a human being for the purpose of enslaving him.
If the crime be committed for the purpose of assigning the offended party to
some immoral traffic, the penalty shall be imposed in its maximum period.
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.
Qualifying circumstance if the purpose is some immoral traffic
(Ex. prostitution).
The penalty is increased if the purpose of the offender is to assign
the offended party to some immoral traffic.
If the purpose of the kidnapping or detention is to enslave the
offended party, slavery is committed.
The crime is slavery if the offender is not engaged in the business of
prostitution. If he is, the crime is white slave trade under Article 341.
The employment or custody of a minor with the consent of the
parent or guardian although against the childs own will cannot be
considered involuntary servitude.
But where is proven that the defendant was obliged to render service
in plaintiffs house as a servant without remuneration whatever and
to remain there so long as she has not paid her debt, there is
slavery.
If the taking is with the consent of the parents, the crime in Article
270 is committed.
People v. Generosa
The deliberate failure to return a minor under ones custody
constitutes deprivation of liberty.
Kidnapping and failure to return a minor is necessarily included in
kidnapping and serious illegal detention of a minor under Article
267(4).
People v. Mendoza
Where a minor child was taken by the accused without the
knowledge and consent of his parents, the crime is kidnapping and
serious illegal detention under Article 267, not kidnapping and failure
to return a minor under Article 270.
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.
Indebtedness is not a ground for detention
its minimum period shall be imposed upon any person who, in order to require
or enforce the payment of a debt, shall compel the debtor to work for him,
against his will, as household servant or farm laborer.
ELEMENTS:
1. That the offender compels a debtor to work for him, either as
household servant or farm laborer;
2. That it is against the debtors will; and
3. That the purpose is to require or enforce the payment of a debt.
RA 9231: ANTI-CHILD LABOR ACT OF 2003
RA 9231 amended RA 7160 by imposing heavier penalties on
parents, guardians and employers of children 18 yrs. and below who
commit any of the following acts:
1. Using, procuring or offering the child for purposes of prostitution
or pornographic activities;
2. Using, procuring or offering the child for illicit activities, such as
trafficking of drugs and other illegal substances;
3. Making the child work in hazardous working conditions;
4. Subjecting the child to various forms of slavery as defined in RA
9208, incl. Trafficking of children, recruitment of child soldiers, etc.
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 whom the
offender has accidentally wounded or injured;
3. By failing to deliver a child under 7 whom the offender has found
abandoned, to the authorities or to his family, or by failing to take
him to a safe place. (may be applied to a lost child)
Does not apply: When a person intentionally wounds another and
leaves him in an uninhabited place
ART.277
ARTICLE 277. Abandonment of Minor by Person Entrusted with his Custody;
Indifference of Parents. The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon anyone who, having charge of the
rearing or education of a minor, shall deliver said minor to a public institution
or other persons, without the consent of the one who entrusted such child to
his care or in the absence of the latter, without the consent of the proper
authorities.
The same penalty shall be imposed upon the parents who shall neglect their
children by not giving them the education which their station in life require
and financial condition permit.
ACTS PUNISHED:
1. By delivering a minor to a public institution or other persons w/o
consent of the one who entrusted such minor to the care of the
offender or, in the absence of that one, without the consent of
the proper authorities;
ELEMENTS:
a. Offender has charge of the rearing or education of a minor;
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.
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.
Immaterial: That the offender did not know that the child is under
seven years.
Abandoning A Minor
ART.276
ARTICLE 276. Abandoning a Minor. The penalty of arresto mayor and a fine
not exceeding 500 pesos shall be imposed upon anyone who shall abandon a
child under seven years of age, the custody of which is incumbent upon him.
When the death of the minor shall result from such abandonment, the culprit
shall be punished by prisin correccional in its medium and maximum
periods; but if the life of the minor shall have been in danger only, the penalty
shall be prisin correccional in its minimum and medium periods.
The provisions contained in the two preceding paragraphs shall not prevent
the imposition of the penalty provided for the act committed, when the same
shall constitute a more serious offense.
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
Exploitation Of Minors
ART.278
Acts punished:
1. By causing any boy or girl under 16 to perform any dangerous
feat of balancing, physical strength or contortion, the offender being
any person.
2. By employing children under 16 who are not the children or
descendants of the offender in exhibitions of acrobat, gymnast, ropewalker, diver, or wild-animal tamer or circus manager or engaged in
a similar calling.
3. By employing any descendant under 12 in dangerous exhibitions
enumerated in the next preceding paragraph, the offender being
engaged in any of said callings.
4. By delivering a child under 16 gratuitously to any person following
any of the callings enumerated in 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.
5. By inducing any child under 16 to abandon the home of its
ascendants, guardians, curators or teachers to follow any person
engaged in any of the callings mentioned in paragraph 2 or to
accompany any habitual vagrant or beggar, the offender being any
person.
Qualifying Circumstance: (Penalty is Higher)
If the delivery of the child to any person following any of the callings
of acrobat, rope-walker, diver or wild-animal trainer or circus
manager or to any habitual vagrant of beggar is made in
consideration of any price, compensation or promise.
The offender is engaged in a kind of business that would place the
life or limb of the minor in danger, even though working for him is
not against the will of the minor.
Nature of the Business: this involves circuses which generally attract
children so they themselves may enjoy working there unaware of the
danger to their own lives and limbs.
Age: Must be below 16 years.
Article 278 has no application if minor is 16 years old and above.
But the exploitation will be dealt with by Republic Act No. 7610.
If the employer is an ascendant, the crime is not committed, unless
the minor is less than 12 years old.
If the minor so employed would suffer some injuries as a result of a
violation of Article 278, Article 279 provides that there would be
additional criminal liability for the resulting felony.
SECTION TWO
Trespass to Dwelling
Trespass To Dwelling
Art.280
ARTICLE 280. Qualified Trespass to Dwelling. Any private person who shall
enter the dwelling of another against the latters will, shall be punished by
arresto mayor and a fine not exceeding 1,000 pesos.
If the offense be committed by means of violence or intimidation, the penalty
shall be prisin correccional in its medium and maximum periods and a fine
not exceeding 1,000 pesos.
The provisions of this article shall not be applicable to any person who shall
enter anothers dwelling for the purpose of preventing some serious harm to
himself, the occupants of the dwelling or a third person, nor shall it be
applicable to any person who shall enter a dwelling for the purpose of
rendering some service to humanity or justice, nor to anyone who shall enter
cafs, taverns, inns and other public houses, while the same are open.
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 is committed by means of
violence or intimidation.
There must be an opposition on the part of the owner of the house
to the entry of the accused.
Dwelling: any building or structure exclusively devoted for rest and
comfort, depends upon use; maybe a room; implied prohibition
depending on circumstances
DWELLING: This is the place that a person inhabits. It includes the
dependencies which have interior communication with the house. It
is not necessary that it be the permanent dwelling of the person;
hence, a persons room in a hotel may be considered a dwelling.
It also includes a room where one resides as a boarder.
If the purpose in entering the dwelling is not shown, trespass is
committed.
If the purpose is shown, it may be absorbed in the crime as in
robbery with force upon things, the trespass yielding to the more
serious crime.
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 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.
If the purpose is not shown and while inside the dwelling he was
found by the occupants, one of whom was injured by him, the crime
committed will be trespass to dwelling and frustrated homicide,
physical injuries, or if there was no injury, unjust vexation.
If the entry is made by a way not intended for entry, that is
presumed to be against the will of the occupant (example, entry
through a window).
It is not necessary that there be a breaking.
Against the will: This means that the entrance is, either expressly or
impliedly, prohibited or the prohibition is presumed. Fraudulent
entrance may constitute trespass. The prohibition to enter may be
made at any time and not necessarily at the time of the entrance.
To prove that an entry is against the will of the occupant, it is not
necessary that the entry should be preceded by an express
prohibition, provided that the opposition of the occupant is clearly
established by the circumstances under which the entry is made,
such as the existence of enmity or strained relations between the
accused and the occupant.
Offender is public officer: Crime is violation of domicile.
No overt act of the crime intended to be committed: Crime is
trespass to dwelling.
Trespass may be committed even by the owner of the dwelling
offender shall have attained his purpose. If the offender shall not have attained
his purpose, the penalty lower by two degrees shall be imposed.
If the threat be made in writing or through a middleman, the penalty shall be
imposed in its maximum period.
2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the
threat shall not have been made subject to a condition.
ACTS PUNISHABLE:
1. By threatening another with the infliction upon his person, honor
or property or that of his family of any wrong amounting to a crime
and demanding money or imposing any other condition, even though
not unlawful and the offender attained his purpose.
2. By making such threat without the offender attaining his purpose.
3. By threatening another with the infliction upon his person, honor
or property or that of his family of any wrong amounting to a crime,
the threat not being subject to a condition. .
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.
Threat 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
ELEMENTS:
1. That the offender enters the closed premises or the fenced estate
of another;
2. That the entrance is made while either of them is uninhabited;
3. That the prohibition to enter be manifest; and
4. That the trespasser has not secured the permission of the owner
or the caretaker thereof.
Premises: signifies distinct and definite locality. It may mean a room,
shop, building or definite area, but in either case, locality is fixed.
Light Threats
ART.283
ARTICLE 283. Light Threats. A threat to commit a wrong not constituting a
crime, made in the manner expressed in subdivision 1 of the next preceding
article, shall be punished by arresto mayor.
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.
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
The harm threatened must not be in the nature of crime and there is
a demand for money or any other condition is imposed, even though
lawful.
SECTION THREE
Threats and Coercion
Grave Threats
ART.282
ARTICLE 282. Grave Threats. Any person who shall threaten another with
the infliction upon the person, honor or property of the latter or of his family of
any wrong amounting to a crime, shall suffer:
1. The penalty next lower in degree than that prescribed by law for the crime
he threatened to commit, if the offender shall have made the threat demanding
money or imposing any other condition, even though not unlawful, and said
ARTICLE 284. Bond for Good Behavior. In all cases falling within the two
next preceding articles, the person making the threats may also be required to
give bail not to molest the person threatened, or if he shall fail to give such
bail, he shall be sentenced to destierro.
ACTS PUNISHABLE:
1. By threatening another with a weapon, or by drawing a weapon in
a quarrel, unless it be in lawful self-defense.
2. By orally threatening another, in the heat of anger, with some
harm constituting a crime, without persisting in the idea involved in
the threat.
3. By orally threatening another with harm not constituting a felony.
No demand for money or condition involved.
Threat is not deliberate.
Under the first type, the subsequent acts of the offender must show
that he did not persist in the idea involved in the threat.
If the threats are directed to a person who is absent and uttered in a
temporary fit of anger, the offense is only other light threats.
Threats which are ordinarily grave threats, if made in the heat of
anger, may be other light threats.
Grave Coercions
ART.286
ARTICLE 286. Grave Coercions. The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon any person who, without
authority of law, shall, by means of violence, prevent another from doing
something not prohibited by law, or compel him to do something against his
will, whether it be right or wrong.
If the coercion be committed for the purpose of compelling another to perform
any religious act or to prevent him from so doing, the penalty next higher in
degree shall be imposed.
Light Coercions
ART.287
ARTICLE 287. Light Coercions. Any person who, by means of violence, shall
seize anything belonging to his debtor for the purpose of applying the same to
the payment of the debt, shall suffer the penalty of arresto mayor in its
minimum period and a fine equivalent to the value of the thing, but in no case
less than 75 pesos.
Any other coercions or unjust vexations shall be punished by arresto menor or
a fine ranging from 5 to 200 pesos, or both.
Elements
1. Offender must be a creditor;
2. He seizes anything belonging to his debtor:
3. The seizure of the thing be accomplished by means of violence
or a display of material force producing intimidation;
4. The purpose of the offender is to apply the same to the payment
of the debt.
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
ELEMENTS:
1. That a person...
a. prevented another from doing something not prohibited by law or
b. compel him to do something against his will, be it right or wrong
2. Violence, threats or intimidation, either material force or such
display of force as would produce intimidation and control of the will.
3. Without authority of law
Aggravating circumstances:
1. Violation of the exercise of the right of suffrage
2. Compelling another to perform a religious act or
3. preventing another from exercising such right or from doing such
act (as amended by RA. 7890)
The crime is not grave coercion when the violence is employed to
seize anything belonging to the debtor of the offender. It is light
coercion under Art. 287.
ART.288
ACTS PUNISHED:
1. By forcing or compelling, directly or indirectly, or knowingly
permitting the forcing or compelling of the laborer or employee of
the offender to purchase merchandise or commodities of any kind
from him.
2. By paying the wages due his laborer or employee by means of
tokens or objects other than the legal tender currency of the
Philippines, unless expressly requested by such laborer or employee.
ELEMENTS 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
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. If the act shall not constitute a more serious offense.
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.
CHAPTER THREE
Discovery and Revelation of Secrets
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.
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.
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.
Prejudice is an essential element of this offense
Secrets must relate to manufacturing processes.
The act constituting the crime is revealing the secret of the
TITLE TEN
Crimes Against Property
CHAPTER ONE
Robbery in General
Robbery
Grave Threats
Grave Coercion
Person from whom property was taken need not be the owner.
Legal possession is sufficient.
General rule: The identity of the real owner is not essential so long
as the personal property taken does not belong to the accused.
Exception: If the crime is robbery with homicide
SECTION ONE
Robbery with Violence Against or Intimidation of Persons
ELEMENTS:
1. That the offender has intent to defraud another;
2. That the offender compels him to sign, execute, or deliver any
public instrument or document; and
3. That the compulsion is by means of violence or intimidation.
This article is not applicable if the document is void.
Applies even if document signed, executed or delivered is a private
or commercial document.
If the violence resulted in the death of the person to be defrauded,
crime is robbery with homicide and shall be penalized under
Art 294 par. 1.
Art. 298 applies to private or commercial document.
Art. 298 is not applicable if the document is void.
When the offended party is under obligation to sign, execute or
deliver the document under the law, it is not robbery but coercion
The key must have been stolen not by force. Otherwise, its robbery
by violence and intimidation against persons.
False key must have been used in opening house and not any
furniture inside. Otherwise, the crime is only theft.
General Rule: If false key/picklock was used to open an inside door
(Ex. door of a room) and offender took personal property, the crime
is only theft.
Exception: If the room is a separate dwelling place, crime is robbery.
The use of fictitious name or the act of pretending to exercise
authority must be committed for the purpose of entering the
building.
ELEMENTS of robbery with force upon things under
subdivision (b):
1. That the offender is inside a dwelling house, public building, or
edifice devoted to religious worship, regardless of the
circumstances under which he entered it; and
2. That the offender takes personal property belonging to another
with intent to gain, under any of the following circumstances:
a. by the breaking of doors, wardrobes, chests, or any other kind
of locked or sealed furniture or receptacle, or
b. by taking such furniture or objects away to be broken or forced
open outside the place of the robbery.
It is not necessary that entrance was made through any of the
means mentioned in subdivision (a).
Offender may be servants or guests.
Destruction of keyhole of cabinet is robbery under this subsection.
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.
But if the box was confided into the custody of accused and he takes
the money contained therein, the crime is estafa.
The crime is theft if the box was found outside of the building and
the accused forced it open.
Mitigating circumstance:
1. Offenders do not carry arms and the value of the property taken
exceeds 250 pesos.
2. Offenders are armed, but the value does not exceed 250 pesos.
3. Offenders do not carry arms and the value does not exceed 250
pesos penalty of a) or b) in minimum period.
4. Committed in dependencies
Illustration:
If the culprit had entered the house through an open door, and the
owner, not knowing that the culprit was inside, closed and locked
the door from the outside and left, and the culprit, after taking
personal property in the house, went out through the window, it is
only theft, not robbery.
The penalty depends on the value of property taken and on whether
or not offender carries arm.
Requisites:
1. Must be contiguous to the building;
2. Must have an interior entrance connected therewith;
3. Must form part of the whole.
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,
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.
False Keys
ART.305
ARTICLE 305. False Keys. The term false keys shall be deemed to include:
1. The tools mentioned in the next preceding articles.
2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the owner for use in the lock forcibly
opened by the offender.
CHAPTER TWO
Brigandage
When the robbery described in Arts. 299 and 302 consists in the
taking of cereals, fruits, or firewood, the penalty is one degree lower.
The penalty is one degree lower
ARTICLE 306. Who are Brigands Penalty. When three or more armed
persons form a band of robbers for the purpose of committing robbery in the
highway, or kidnapping persons for the purpose of extortion or to obtain
ransom, for any other purpose to be attained by means of force and violence,
they shall be deemed highway robbers or brigands.
Persons found guilty of this offense shall be punished by prisin mayor in its
medium period to reclusin temporal in its minimum period if the act or acts
committed by them are not punishable by higher penalties, in which case, they
shall suffer such higher penalties.
CHAPTER THREE
Theft
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.
P. D. No. 532 defines brigandage as the seizure of any person for:
(a) ransom;
(b) extortion or other unlawful purpose; or
(c) the taking away of property by violence or intimidation or
force upon things or other unlawful means, committed by
any person on any Philippine highway.
The Anti-Carnapping Act defines carnapping as the taking, with
intent to gain, of a motor vehicle belonging to another without the
latters consent, or by means of violence against or intimidation of
persons, or by using force upon things. This law also penalizes the
defacing or tampering with the original serial number of motor
vehicle engines, engine blocks, and chassis.
It is presumed that the person performing any of the acts provided
in this article has performed them knowingly, unless the contrary is
proven.
Any person who aids or protects highway robbers or abets the
commission of highway robbery or brigandage shall be considered as
an accomplice.
Theft
ART.308
ARTICLE 308. Who are Liable for Theft. Theft is committed by any person
who, with intent to gain but without violence against or intimidation of persons
nor force upon things, shall take personal property of another without the
latters consent.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to deliver the same to
the local authorities or to its owner;
2. Any person who, after having maliciously damaged the property of another,
shall remove or make use of the fruits or object of the damage caused by him;
and
3. Any person who shall enter an enclosed estate or a field where trespass is
forbidden or which belongs to another and without the consent of its owner,
shall hunt or fish upon the same or shall gather fruits, cereals, or other forest
or farm products.
ELEMENTS:
1. That there be taking of personal property;
2. That said property belongs to another;
3. That the taking be done with intent to gain;
4. That the taking be done without the consent of the owner; and
5. That the taking be accomplished without the use of violence
against or intimidation of persons or force upon things.
Theft: committed by any person who, with intent to gain but without
violence against or intimidation of persons nor force upon things,
shall take personal property of another without the latters consent.
Taking - if bulky, must be taken away (when place surrounded by
fence or wall), otherwise, the moment he had full possession of
thing, asportation is complete; does not need a character of
permanency
Intent to Gain taking must be accompanied by intention, at the
time of taking, of withholding the thing with character of
permanency; presumed from unlawful taking of personal property of
another
Gain desired by the offender may not only be money. It may include
satisfaction, use, pleasure or any benefit; includes satisfaction of
taking revenge
It is not required that the offender realized actual gain in committing
theft. It is sufficient that he took personal property of another with
intent to gain.
Trust, Commission, Administration: Juridical possession of thing
transferred to another
If only custody of object (i.e. only material possession) was given
to the accused and it is actually taken by him with no intent to
return, the crime is theft. But if juridical possession is transferred
(Ex., by a contract of bailment) is given to the accused and he takes
the property with intent to gain, the crime is estafa.
Personal property: includes electricity and gas, promissory note and
check. Ex. the inspector misreads the meter to profit thereby, or
one using a jumper
Consent: freely given and not merely lack of objection
Allegation in the information of the lack of the owners consent
is important.
Finder: may be a finder in law
Theft is consummated when the offender is able to place the thing
taken under his control and in such a situation as he could dispose
of it at once (although there is actually no opportunity to dispose).
Servant using his employers car without permission is guilty of
qualified theft although his use thereof was only temporary.
However, Reyes says that there must be some character of
permanency in depriving owner of the use of the object and making
himself the owner. Therefore, joyride must be deemed as
qualified theft.
An employee taking his salary before it is actually delivered to him is
guilty of theft.
If the offender, in good faith, claims property as his own, no theft
is committed although his claim of ownership is later found to be
untrue. However, if his claim is in bad faith, he is guilty of theft.
pesos; but if the value of the thing stolen exceeds the latter amount, the
penalty shall be the maximum period of the one prescribed in this paragraph,
and one year for each additional ten thousand pesos, but the total of the
penalty which may be imposed shall not exceed twenty years. In such cases,
and in connection with the accessory penalties which may be imposed and for
the purpose of the other provisions of this Code, the penalty shall be termed
prisin mayor or reclusin temporal, as the case may be.
2. The penalty of prisin correccional in its medium and maximum periods, if
the value of the thing stolen is more than 6,000 pesos but does not exceed
12,000 pesos.
3. The penalty of prisin correccional in its minimum and medium periods, if
the value of the property stolen is more than 200 pesos but does not exceed
6,000 pesos.
4. Arresto mayor in its medium period to prisin correccional in its minimum
period, if the value of the property stolen is over 50 pesos but does not exceed
200 pesos.
5. Arresto mayor to its full extent, if such value is over 5 pesos but does not
exceed 50 pesos.
6. Arresto mayor in its minimum and medium periods, if such value does not
exceed 5 pesos.
7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed
under the circumstances enumerated in paragraph 3 of the next preceding
article and the value of the thing stolen does not exceed 5 pesos. If such value
exceeds said amount, the provisions of any of the five preceding subdivisions
shall be made applicable.
8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when
the value of the thing stolen is not over 5 pesos, and the offender shall have
acted under the impulse of hunger, poverty, or the difficulty of earning a
livelihood for the support of himself or his family.
Qualified Theft
ARTICLE 310. Qualified Theft. The crime of theft shall be punished by the
penalties next higher in degree than those respectively specified in the next
preceding article, if committed by a domestic servant, or with grave abuse of
confidence, or if the property stolen is large cattle or consists of coconuts, or
fish taken from a fishpond or fishery.
Theft is qualified if
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,
e. fish from a fishpond or fishery, or
4. Committed on the occasion of calamities, vehicular accident
and civil disturbance.
Grave abuse of confidence - necessitates a high degree of confidence
between the offender and the offended party. (Ex. guests). Hence,
when there is no confidence b/w the parties, the crime is not
qualified theft.
Theft is qualified if it is committed by one who has access to the
place where stolen property is kept. (Ex. security guards, tellers)
Novation theory (i.e. the victims acceptance of payment converted
the offenders liability to a civil obligation) applies only if there is a
contractual relationship b/w the accused and the complainant.
When the accused treated the deed of sale as sham and he had
intent to gain, his absconding with the object of the sale is qualified
theft
If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos
shall be imposed.
ELEMENTS:
1. That the offender takes possession of any real property or usurps
any real rights in property;
2. That the real property or real rights belong to another;
3. That violence against or intimidation of persons is used by the
offender in occupying real property or usurpation real rights in
property; and
4. That there is intent to gain.
Acts punishable under Art. 312:
1. Taking possession of any real property belonging to another
by means of violence against or intimidation of persons
2. Usurping any real rights in property belonging to another by
means of violence against or intimidation of persons.
If no violence or intimidation only civil liability exists.
Art. 312 does not apply when the violence or intimidation took place
subsequent to the entry into the property. Violence or intimidation
must be the means used in occupying real property or in usurping
real rights.
Art. 312 does not apply to a case of open defiance of the writ of
execution issued in the forcible entry case.
ART.311
ARTICLE 311. Theft of the Property of the National Library and National
Museum. If the property stolen be any property of the National Library or of
the National Museum, the penalty shall be arresto mayor or a fine ranging from
200 to 500 pesos, or both, unless a higher penalty should be provided under
other provisions of this Code, in which case, the offender shall be punished by
such higher penalty.
RA 947
Punishes entering or occupying public agricultural land including
lands granted to private individuals.
ART.313
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.
Art. 313 does not require intent to gain.
The word alter may include:
a. destruction of stone monument
b. taking it to another place
c. removing a fence
The Penalty for this crime is arresto menor or a fine not exceeding
P100 or both.
During the fifteenth Congress, a bill was passed to increase the
amount of fine to P8,000 but it never became a law. P100
fine is too low at this present day.
Culpable Insolvency
Fraudulent Insolvency
ART.314
ARTICLE 314. Fraudulent Insolvency. Any person who shall abscond with
his property to the prejudice of his creditors, shall suffer the penalty of prisin
mayor, if he be a merchant, and the penalty of prisin correccional in its
maximum period to prisin mayor in its medium period, if he be not a
merchant.
ELEMENTS:
1. Offender is a debtor; that is, he has obligations due and payable;
CHAPTER SIX
Swindling and Other Deceits
Estafa (Swindling)
ART.315
ARTICLE 315. Swindling (Estafa). Any person who shall defraud another by
any of the means mentioned hereinbelow shall be punished by:
1st. The penalty of prisin correccional in its maximum period to prisin
mayor in its minimum period, if the amount of the fraud is over 12,000 pesos
but does not exceed 22,000 pesos, and if such amount exceeds the latter sum,
the penalty provided in this paragraph shall be imposed in its maximum
period, adding one year for each additional 10,000 pesos; but the total penalty
which may be imposed shall not exceed twenty years. In such cases, and in
connection with the accessory penalties which may be imposed and for the
purpose of the other provisions of this Code, the penalty shall be termed
prisin mayor or reclusin temporal, as the case may be.
2nd. The penalty of prisin correccional in its minimum and medium periods, if
the amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos.
3rd. The penalty of arresto mayor in its maximum period to prisin
correccional in its minimum period, if such amount is over 200 pesos but does
not exceed 6,000 pesos; and
4th. By arresto mayor in its medium and maximum periods, if such amount
does not exceed 200 pesos, provided that in the four cases mentioned, the
fraud be committed by any of the following means:
1. With unfaithfulness or abuse of confidence, namely:
(a) By altering the substance, quantity, or quality of anything of value which
the offender shall deliver by virtue of an obligation to do so, even though such
obligation be based on an immoral or illegal consideration.
(b) By misappropriating or converting, to the prejudice of another, money,
goods, or any other personal property received by the offender in trust or on
commission, or for administration, or under any other obligation involving the
duty to make delivery of or to return the same, even though such obligation be
totally or partially guaranteed by a bond; or by denying having received such
money, goods, or other property.
(c) By taking undue advantage of the signature of the offended party in blank,
and by writing any document above such signature in blank, to the prejudice
of the offended party or any third person.
2. By means of any of the following false pretenses or fraudulent acts
executed prior to or simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power, influence,
qualifications, property, credit, agency, business or imaginary transactions, or
by means of other similar deceits.
(b) By altering the quality, fineness or weight of anything pertaining to his art
or business.
(c) 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. In this case, the offender shall be punished by the
maximum period of the penalty.
(d) By post-dating a check, or issuing such check in payment of an obligation,
the offender knowing that at the time he had no funds in the bank, or the funds
deposited by him in the bank were not sufficient to cover the amount of the
check, and without informing the payee of such circumstances.
3. Through any of the following fraudulent means:
(a) By inducing another, by means of deceit, to sign any document.
(b) By resorting to some fraudulent practice to insure success in a gambling
game.
Estafa
Swindling A Minor
ART.317
ARTICLE 317. Swindling a Minor. Any person who, taking advantage of the
inexperience or emotions or feelings of a minor, to his detriment, shall induce
him to assume any obligation or to give any release or execute a transfer of
any property right in consideration of some loan of money, credit or other
personal property, whether the loan clearly appears in the document or is
shown in any other form, shall suffer the penalty of arresto mayor and a fine of
a sum ranging from 10 to 50 per cent of the value of the obligation contracted
by the minor.
ELEMENTS:
1. That the offender takes advantage of the inexperience or
emotions or feelings of a minor;
2. That he induces such minor
(a) to assume an obligation, or
(b) to give release, or
(c) to execute a transfer of any property right;
3. That the consideration is
(a) some loan of money,
(b) credit or
(c) other personal property; and
4. That the transaction is to the detriment of such minor.
Real property is not included since a minor cannot convey real
property without judicial authority.
Other Deceits
ART.318
ARTICLE 318. Other Deceits. The penalty of arresto mayor and a fine of not
less than the amount of the damage caused and not more than twice such
amount shall be imposed upon any person who shall defraud or damage
another by any other deceit not mentioned in the preceding articles of this
chapter.
Any person who, for profit or gain, shall interpret dreams, make forecasts, tell
fortunes, or take advantage of the credulity of the public in any other similar
manner, shall suffer the penalty of arresto menor or a fine not exceeding 200
pesos.
or arresto mayor or a fine amounting to twice the value of the property shall be
imposed upon:
1. Any person who shall knowingly remove any personal property mortgaged
under the Chattel Mortgage Law to any province or city other than the one in
which it was located at the time of the execution of the mortgage, without the
written consent of the mortgagee, or his executors, administrators or assigns.
2. Any mortgagor who shall sell or pledge personal property already pledged,
or any part thereof, under the terms of the Chattel Mortgage Law, without the
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 of the province where
such property is located.
CHAPTER EIGHT
Arson and Other Crimes Involving Destruction
Arson
Art.320 - Art.326 expressly repealed by PD 1613 But PD 1744
revived Art.320 (Destructive Arson)
ARTICLE 320. Destructive Arson. The penalty of reclusin temporal in its
maximum period to reclusin perpetua shall be imposed upon any person who
shall burn:
1. Any arsenal, shipyard, storehouse or military powder or fireworks factory,
ordnance storehouse, archives or general museum of the government.
2. Any passenger train or motor vehicle in motion or vessel out of port.
3. In an inhabited place, any storehouse or factory of inflammable or explosive
materials.
4. Any theater, church, cockpit, or other building where meetings are held,
when occupied by a numerous assemblage.
ARTICLE 321. Other Forms of Arson. When the arson consists in the
burning of other property and under the circumstances given hereunder, the
offender shall be punished:
1. By reclusin temporal or reclusin perpetua, if the offender shall set fire to
any building, farmhouse, warehouse, hut, shelter, or vessel in port, knowing it
to be occupied at the time by one or more persons.
2. By reclusin temporal:
(a) If the building burned is a public building and the value of the damage
caused exceeds 6,000 pesos;
(b) If an inhabited house or any other building in which people are accustomed
to meet is set on fire, and the culprit did not know that such house or building
was occupied at the time, or if he shall set fire to a moving freight train or
motor vehicle, and the value of the damage caused exceeds 6,000 pesos.
3. By prisin mayor:
(a) If the value of the damage caused in the cases mentioned in the next
preceding subdivision does not exceed 6,000 pesos.
(b) If a building not used as a dwelling or place of assembly, located in a
populated place, is set on fire, and the damage caused exceeds 6,000 pesos.
(c) If a farm, sugar mill, cane mill, central, mill, bamboo groves or any similar
plantation is set on fire, and the damage caused exceeds 6,000 pesos.
4. By prisin correccional in its maximum period to prisin mayor in its
medium period, when the damage caused exceeds 6,000 pesos and the
following are set on fire:
(a) A building used as a dwelling located in an uninhabited place; or
(b) Grain fields, pasture lands, forests, or plantings.
5. By prisin correccional in its medium period to prisin mayor in its
minimum period, when the damage caused is over 200 pesos but does not
exceed 1,000 pesos, and any of the property referred to in paragraphs (a) and
(b) of the next preceding subdivision is set on fire; but when the value of such
property does not exceed 200 pesos, the penalty next lower in degree than that
prescribed in this subdivision shall be imposed when the property burned is a
building used as a dwelling in an uninhabited place, and the penalty of arresto
menor and a fine ranging from fifty to one hundred per centum of the damage
caused shall be imposed, when the property burned consist of grain fields,
pasture lands, forests or plantations.
6. The penalty of prisin correccional in its medium and maximum periods, if
the damage caused in the cases mentioned in paragraphs (b) and (c) of
subdivision 3 of this article does not exceed 6,000 pesos but is over 200.
7. The penalty of prisin correccional in its minimum and medium periods, if
the damage caused in the cases mentioned in paragraphs (b) and (c) of
subdivision 3 of this article does not exceed 200 pesos.
ARTICLE 322. Cases of Arson Not Included in the Preceding Articles. Cases
of arson not included in the next preceding articles shall be punished:
1. By arresto mayor in its medium and maximum periods, when the damage
caused does not exceed 50 pesos;
2. By arresto mayor in its maximum period to prisin correccional in its
minimum period, when the damage caused is over 50 pesos but does not
exceed 200 pesos;
3. By prisin correccional in its minimum and medium periods, if the damage
caused is over 200 pesos but does not exceed 1,000 pesos; and
4. By prisin correccional in its medium and maximum periods, if it is over
1,000 pesos.
ARTICLE 323. Arson of Property of Small Value. The arson of any
uninhabited hut, storehouse, barn, shed, or any other property the value of
which does not exceed 25 pesos, committed at a time or under circumstances
which clearly exclude all danger of the fire spreading, shall not be punished by
the penalties respectively prescribed in this chapter, but in accordance with
the damage caused and under the provisions of the following chapter.
ARTICLE 324. Crimes Involving Destruction. Any person who shall cause
destruction by means of explosion, discharge of electric current, inundation,
sinking or stranding of a vessel, intentional damaging of the engine of said
vessel, taking up the rails from a railway track, maliciously changing railway
signals for the safety of moving trains, destroying telegraph wires and
telegraph posts, or those of any other system, and, in general, by using any
other agency or means of destruction as effective as those above enumerated,
shall be punished by reclusin temporal if the commission has endangered
the safety of any person; otherwise, the penalty of prisin mayor shall be
imposed.
ARTICLE 325. Burning Ones Own Property as a Means to Commit Arson.
Any person guilty of arson or causing great destruction of property belonging
to another shall suffer the penalties prescribed in this chapter, even though he
shall have set fire to or destroyed his own property for the purpose of
committing the crime.
ARTICLE 326. Setting Fire to Property Exclusively Owned by the Offender. If
the property burned shall be the exclusive property of the offender, he shall be
punished by arresto mayor in its maximum period to prisin correccional in its
minimum period, if the arson shall have been committed for the purpose of
defrauding or causing damage to another, or if, though such purpose be
lacking, said damage or prejudice shall actually have been caused, or if the
thing burned shall have been a building in an inhabited place.
CHAPTER NINE
Malicious Mischief
Malicious Mischief
Other Mischiefs
ART.327
ART.329
ARTICLE 327. Who are Liable for Malicious Mischief . Any person who shall
deliberately cause to the property of another any damage not falling within the
terms of the next preceding chapter shall be guilty of malicious mischief.
ARTICLE 329. Other Mischiefs. The mischiefs not included in the next
preceding article shall be punished:
1. By arresto mayor in its medium and maximum periods, if the value of the
damage caused exceeds 1,000 pesos;
2. By arresto mayor in its minimum and medium periods, if such value is over
200 pesos but does not exceed 1,000 pesos; and
3. By arresto menor or fine of not less than the value of the damage caused
and not more than three times such value, if the amount involved exceeds 200
pesos or cannot be estimated.
exceeding 200 pesos, or both such fine and imprisonment, in the discretion of
the court.
ART.332
ARTICLE 332. Persons Exempt from Criminal Liability. No criminal, but only
civil liability, shall result from the commission of the crime of theft, swindling
or malicious mischief committed or caused mutually by the following persons:
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 shall have passed into the possession of
another; and
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living
together.
The exemption established by this article shall not be applicable to strangers
participating in the commission of the crime.
TITLE ELEVEN
Crimes Against Chastity
CHAPTER ONE
Adultery and Concubinage
Adultery
ART.333
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.
Adultery may be attempted.
Sheer necessity, though woman not abandoned by her husband,
mitigates liability of married woman.
The offended party must be legally married to the offender at
the time of the criminal case.
Carnal knowledge may be proved by circumstantial evidence.
Each sexual intercourse constitutes a crime of adultery.
People vs. Avelino
Adultery is mitigated if the adulterous wife was abandoned w/o
justification by the offended spouse. Both the wife and her
paramour are entitled to this mitigating circumstance.
Even if the husband pardons the adulterous wife, such pardon would
not exempt the wife and her paramour from criminal liability for
adulterous acts committed after the pardon had been granted,
because the pardon refers to previous and not to subsequent
adulterous acts.
A married man who is not liable for adultery, because he did not
know that the woman was married, may be held liable for
concubinage. If the woman knew that the man was married, she
may be held liable for concubinage as well.
Acts of Lasciviousness
ARTICLE 336. Acts of Lasciviousness. Any person who shall commit any
act of lasciviousness upon other persons of either sex, under any of the
circumstances mentioned in the preceding article, shall be punished by
prisin correccional.
Concubinage
Art.334
ARTICLE 334. Concubinage. Any husband who shall keep a mistress in the
conjugal dwelling, or, shall have sexual intercourse, under scandalous
circumstances, with a woman who is not his wife, or shall cohabit with her in
any other place, shall be punished by prisin correccional in its minimum and
medium periods.
The concubine shall suffer the penalty of destierro.
ELEMENTS:
1. The man must be married;
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling,
b. Having sexual intercourse under scandalous circumstances
with a woman who is not his wife,
c. Cohabiting with her in any other place;
3. That as regards the woman, she must know him to be married.
A married man is not liable for concubinage for mere sexual relations
with a woman not his wife.
ART.336
ELEMENTS:
1. That the offender commits any act of lasciviousness or lewdness;
2. That the act of lasciviousness is committed against a person of
either sex; and
3. 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.
Q: How is the crime of acts of lasciviousness distinguished
from attempted rape?
A: The following are the distinctions:
(a) If the acts performed by the offender clearly indicate that his
purpose was to lie with the offended woman attempted rape.
(b) In the case of attempted rape, the lascivious acts are but the
preparatory acts to the commission of rape; whereas in acts of
lasciviousness, the lascivious acts are themselves the final objective
sought by the offender.
PEOPLE vs. PALMA, G.R. Nos. 148869-74. 12/11/03
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.
PEOPLE vs. AQUINO G.R. No. 139181. 10/27/03
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
No attempted or frustrated Acts of Lasciviousness.
Lewd design act with particular design to independently derive
vicarious pleasure therefrom; not merely a silly whim
The difference between Acts of Lasciviousness and Unjust Vexation is
that in the former there is lewd design this can be inferred from
circumstances surrounding the commission of the crime: place, time,
presence of other people, what was done; But if it is clear that
intention is to have intercourse, crime could be attempted rape; if
accused desisted in the commission of attempted rape, it may be a
consummated crime of acts of lasciviousness
CHAPTER THREE
Seduction, Corruption of Minors and White Slave Trade
Qualified Seduction
ART.337
ARTICLE 337. Qualified Seduction. The seduction of a virgin over twelve
years and under eighteen years of age, committed by any person in public
authority, priest, house-servant, domestic, guardian, teacher, or any person
who, in any capacity, shall be entrusted with the education or custody of the
woman seduced, shall be punished by prisin correccional in its minimum and
medium periods.
The penalty next higher in degree shall be imposed upon any person who shall
seduce his sister or descendant, whether or not she be a virgin or over
eighteen years of age.
Under the provisions of this Chapter, seduction is committed when the
offender has carnal knowledge of any of the persons and under the
circumstances described herein.
Simple Seduction
ART.338
ARTICLE 338. Simple Seduction. The seduction of a woman who is single or
a widow of good reputation, over twelve but under eighteen years of age,
committed by means of deceit, shall be punished by arresto mayor.
ELEMENTS:
1. That the offended party is over 12 and under 18 years of age;
It is not necessary that the unchaste acts shall have been done to
the minor. Hence, a mere proposal will consummate the offense.
It is not necessary that the unchaste acts shall have been done.
Man may be willing and ready to marry the girl but simple seduction
is still committed when man knows that the offended party cannot
legally consent to marriage.
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.
It is necessary that it be committed under circumstances which
would make it qualified or simple seduction had there been sexual
intercourse, instead of acts of lewdness only.
When the victim is under 12 yrs., the penalty shall be one degree
higher than that imposed by law.
ACTS PENALIZED:
1. Engaging in the business of prostitution;
2. Profiting by prostitution; and
3. Enlisting the service of women for the purpose of prostitution.
One of those above-mentioned acts is sufficient to constitute
the offense
Corruption of Minors
ART.340
ARTICLE 340. Corruption of Minors. Any person who shall habitually or with
abuse of authority or confidence, promote or facilitate the prostitution or
corruption of persons underage to satisfy the lust of another, shall be
CHAPTER FOUR
Abduction
Forcible Abduction
ART.342
ARTICLE 342. Forcible Abduction. The abduction of any woman against her
will and with lewd designs shall be punished by reclusin temporal.
The same penalty shall be imposed in every case, if the female abducted be
under twelve years of age.
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.
When there is deprivation of liberty and no lewd designs, the crime is
kidnapping and serious illegal detention.
Consented Abduction
ART.343
ARTICLE 343. Consented Abduction. The abduction of a virgin over twelve
years and under eighteen years of age, carried out with her consent and with
lewd designs, shall be punished by the penalty of prisin correccional in its
minimum and medium periods.
ELEMENTS:
1. That the offended party must be a virgin;
2. That she must be over 12 and under 18 years of age;
3. That the taking away of the offended party must be with her
consent, after solicitation or cajolery from the offender; and
4. That the taking away of the offended party must be with lewd
designs.
If the virgin is under 12 years of age, the crime committed is
forcible abduction, even if the girl consented to the elopement.
If the virgin is under 12 or is deprived of reason, the crime is forcible
abduction because such is incapable of giving a valid consent.
When there was no solicitation or cajolery and no deceit and the girl
voluntarily went with the man, there is no crime committed even if
they had sexual intercourse.
People v. Sunpongco
The victim was abducted by the accused and was brought to a hotel
where the latter succeeded in having sexual intercourse with her.
HELD: The elements of both rape and forcible abduction are proven.
The presence of lewd designs in forcible abduction is manifested by
the subsequent rape of the victim.
People v. Jose
This is the Maggie Dela Riva story wherein Maggie was abducted and
brought to a hotel, where the 4 accused took turns in raping her.
HELD: While the first act of rape was being performed, the crime of
CHAPTER FIVE
Provisions Relative to the Preceding Chapters of Title Eleven
The court motu proprio can dismiss the case for failure of the
aggrieved party to file the proper complaint even if the accused
never raised the question on appeal.
When the offended party is a minor, her parents may file the
complaint.
When the offended party is a minor, her parents may file the
complaint.
When the offended party is of age and is in complete possession
of her mental and physical faculties, she alone can file the
complaint.
ART.345.
ARTICLE 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.
3. In every case to support the offspring.
The adulterer and the 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.
The adulterer and the 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.
No civil liability for Acts of Lasciviousness
Moral damages may be awarded to offended party, and the parents
for seduction, abduction, rape, other lascivious acts
(Article 2219 Civil Code)
Multiple Rape(by multiple offenders): all of them must support
offspring, not one may be made to acknowledge offspring
Amount and terms of support to be determined in a hearing
(Article 201 Family Code)
Only Indemnity in Rape of Married Woman
Art. 283 (1), CC: Judgment to recognize the offspring may only be
given if there is pregnancy within the period of conception, which is
within 120 days from the commission of the offense.
The adulterer and the concubine can be sentenced only to
indemnify for damages caused to the offended spouse.
births and the substitution of one child for another shall be punished by
prisin mayor and a fine of not exceeding 1,000 pesos.
The same penalties shall be imposed upon any person who shall conceal or
abandon any legitimate child with intent to cause such child to lose its civil
status.
Any physician or surgeon or public officer who, in violation of the duties of his
profession or office, shall cooperate in the execution of any of the crimes
mentioned in the two next preceding paragraphs, shall suffer the penalties
therein prescribed and also the penalty of temporary special disqualification.
Acts punished:
1. Simulation of births
ELEMENTS:
a) The child is baptized or registered in the Registry of birth as the
offenders;
b) 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;
b) The offender conceals or abandons such child; and
c) The offender has the intent to cause the child to lose its civil
status.
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
Father who sells child is not liable under this article since
there is no abandonment.
Illustration:
People who have no child and who buy and adopt the child
without going through legal adoption.
Same is true even if the child was kidnapped but they knew
that the kidnappers are not the real parents of the child.
When the real parents make it appear in the birth certificate
that the parents who bought the child are the real parents.
TITLE TWELVE
Crimes Against the Civil Status of Persons
CHAPTER ONE
Simulation of Births and Usurpation of Civil Status
CHAPTER TWO
Illegal Marriages
Bigamy
Simulation Of Births, Substitution Of One Child For Another And
Concealment Or Abandonment Of A Legitimate Child
ART.347
ARTICLE 347. Simulation of Births, Substitution of One Child for Another and
Concealment or Abandonment of a Legitimate Child. The simulation of
ART.349
ARTICLE 349. Bigamy. The penalty of prisin mayor shall be imposed upon
any person who shall contract a second or subsequent marriage before the
former marriage has been legally dissolved, or before the absent spouse has
been declared presumptively dead by means of a judgment rendered in the
proper proceedings.
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; and
4. That the second or subsequent marriage has all the essential
requisites for validity.
The crime of bigamy does not fall within the category of private
crimes. Hence, it can be prosecuted even w/o 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.
Failure to exercise due diligence to ascertain the whereabouts of the
1st wife and the husbands remarriage is bigamy through reckless
imprudence.
One convicted for bigamy may be prosecuted for concubinage as
both are distinct offenses.
The second spouse is not necessarily liable for bigamy.
The same penalties shall be imposed upon any woman whose marriage shall
have been annulled or dissolved, if she shall marry before her delivery or
before the expiration of the period of three hundred and one days after the
legal separation.
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.
The purpose of the law in punishing the foregoing acts is to prevent
doubtful paternity.
The Supreme Court considered the reason behind making such
marriages within 301 days criminal, that is, because of the
probability that there might be a confusion regarding the paternity of
the child who would be born.
If this reason does not exist because the former husband is
impotent, or was shown to be sterile such that the woman has had
no child with him, that belief of the woman that after all there could
be no confusion even if she would marry within 301 days may be
taken as evidence of good faith and that would negate criminal
intent.
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.
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.
Good faith is a defense in bigamy.
A judicial declaration of the nullity of a marriage, that is,
that the marriage was void ab initio, is now required.
Act punished:
1.Performance or authorization by a priest or minister of any
religious denomination or sect or by civil authorities of any illegal
marriage ceremony.
2. But a clergyman who performed a marriage ceremony without
knowledge of the minority of one of the parties is not liable.
PERSONS LIABLE:
- Priests or ministers of any religious denomination or sect, or
- civil authorities who shall perform or authorize any
illegal marriage ceremony
Elements:
1. Offender contracted marriage;
2. He knew at the time that
a. The requirements of the law were not complied with; or
b. The marriage was in disregard of a legal impediment.
Circumstance qualifying the offense: if either of the contracting
parties obtains the consent of the other by means of violence,
intimidation or fraud.
Bigamy is a form of illegal marriage. Illegal marriage includes
also such other marriages which are performed without complying
with the requirements of law, or marriages where the consent of
the other is vitiated, or such marriage which was solemnized by
one who is not authorized to solemnize the same.
Premature Marriages
ART.351
ARTICLE 351. Premature Marriages. Any widow who shall marry within
three hundred and one days from the date of the death of her husband, or
before having delivered if she shall have been pregnant at the time of his
death, shall be punished by arresto mayor and fine not exceeding 500 pesos.
TITLE THIRTEEN
Crimes Against Honor
CHAPTER ONE
Libel
SECTION ONE
Definitions, Forms and Punishment of this Crime
Definition Of Libel/Defamation
ART.353
ARTICLE 353. Definition of Libel. A libel is a public and malicious
imputation of a crime, or of a vice or defect, real or imaginary, or any act,
omission, condition, status, or circumstance tending to cause the dishonor,
discredit, or contempt of a natural or juridical person, or to blacken the
memory of one who is dead.
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;
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.
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.
Kinds of malice:
ART.354
ARTICLE 354. Requirement for Publicity. Every defamatory imputation is
presumed to be malicious, even if it be true, if no good intention and justifiable
motive for making it is shown, except in the following cases:
1. A private communication made by any person to another in the performance
of any legal, moral or social duty; and
2. A fair and true report, made in good faith, without any comments or
remarks, of any judicial, legislative or other official proceedings which are not
of confidential nature, or of any statement, report or speech delivered in said
proceedings, or of any other act performed by public officers in the exercise of
their functions.
Requirement of Pubilicty
Mental, moral and physical fitness of candidates for public office may
be object of criticism; criticism does not follow a public man into
his private life and domestic concerns
Statements made in self defense or in mutual controversy are often
privileged; person libeled is justified to hit back with another libel
However, retaliation and vindictiveness cannot be basis of selfdefense in defamation; self-defense must be on matters related to
imputations made on person invoking defense
He who published what is true, and in good faith and for justifiable
ends, incurs no responsibility
ART.356
ARTICLE 356. Threatening to Publish and Offer to Prevent Such Publication for
a Compensation. The penalty of arresto mayor or a fine of from 200 to 2,000
pesos, or both, shall be imposed upon any person who threatens another to
publish a libel concerning him or the parents, spouse, child, or other members
of the family of the latter, or upon anyone who shall offer to prevent the
publication of such libel for a compensation or money consideration.
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.
BLACKMAIL as any unlawful extortion of money by threats of
accusation and exposure is possible in the crimes of light threats
(Art. 283) and in threat to publish libel (Art 356).
Blackmail can also be in the form of light threats, which is
punished under ARTICLE 283.
Slander By Deed
criminologists
4:47 AM
Crimes Against Honor
ART.359
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.
Seriousness of slander by deed depends on the social standing
of offended party, the circumstances surrounding the act, the
occasion
Distinctions:
1. Unjust vexation - irritation or annoyance; anything that
annoys or irritates without justification.
Libelous Remarks
criminologists
3:14 AM
Crimes Against Honor
ART.362
Libelous remarks or comments on privileged matters
(under Art. 354), if made with malice in fact, will not exempt
the author and editor or managing editor of a newspaper
from criminal liability.
Art.363. Incriminating Innocent Person
3:39 AM
Crimes Against Honor
criminologists
3:28 AM
Crimes Against Honor
ART.363
ELEMENTS:
1. That the offender performs an act;
2. That by such act he directly incriminates or imputes to an
innocent person the commission of a crime; and
3. That such act does not constitute perjury.
2 KINDS OF INCRIMINATING AN INNOCENT PERSON:
1. Making a statement which constitutes:
a. defamation, or
b. perjury (if made under oath and is false)
2. Planting evidence
Gossiping
Criminal Negligence
criminologists
2:27 AM
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
2. By causing through simple imprudence or negligence some wrong
w/c, if done
maliciously, would have constitutes 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.