TITLE EIGHT

Crimes Against Persons

CRIMES AGAINST PERSONS:

descendants, or his spouse, shall be guilty of parricide and shall be punished

by the penalty of reclusin perpetua to death.

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.

Death caused in a tumultuous affray (251)

Parents and children are not included in the term ascendants or

descendants.

5.

Physical injuries inflicted in a tumultuous affray (252)

The other ascendant or descendant must be legitimate. On the other

hand, the father, mother or child may be legitimate or illegitimate.

6.

Giving assistance to suicide (253)

The child should not be less than 3 days old.

Otherwise, the offense is infanticide.

7.

Discharge of firearms (254)

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.

Intentional abortion (256)

Relationship must be alleged and proved.

If not, relationship would only be considered as aggravating
circumstance.

10.

Unintentional abortion (257)

11.

Abortion practiced by the woman herself or by her parents (258)

12.

Abortion practiced by a physician or midwife and dispensing of abortive

The relationship of the offender with the victim is the essential

element of parricide.
Essential element: relationship of offender with the victim;
except for spouses, only relatives by blood and in direct line
(adopted are not included)

(259)
13.

Duel (260)

14.

Challenging to a duel (261)

15.

Mutilation (262)

16.

Serious physical injuries (263)

17.

Administering injurious substances or beverages (264)

18.

Less serious physical injuries (265)

19.

Slight physical injuries and maltreatment (266)

20.

Rape (266-A)

A stranger who cooperates in committing parricide is liable for

murder or homicide.
Even if the offender did not know that the person he had killed is his
son, he is still liable for parricide because the law does not require
knowledge of the relationship.
Cases of parricide when the penalty shall not be reclusion perpetua
to death:
1. parricide through negligence (Art.365)
2. parricide by mistake (Art. 49)
3. parricide under exceptional circumstances (Art. 247)
People vs. Dalag
A stranger who cooperates and takes part in the commission of the
crime of parricide, is not guilty of parricide but only homicide or
murder, as the case may be. The key element in parricide is
the relationship of the offender with the victim.

Death Or Physical Injuries Under Exceptional Circumstances

ART.247
ARTICLE 247. Death or Physical Injuries Inflicted Under Exceptional
Circumstances. Any legally married person who, having surprised his
spouse in the act of committing sexual intercourse with another person, shall
kill any of them or both of them in the act or immediately thereafter, or shall
inflict upon them any serious physical injury, shall suffer the penalty of
destierro.
If he shall inflict upon them physical injuries of any other kind, he shall be
CHAPTER ONE
Destruction of Life

exempt from punishment.

These rules shall be applicable, under the same circumstances, to parents
with respect to their daughters under eighteen years of age, and their
seducers, while the daughters are living with their parents.

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

3. He has not promoted or facilitated the prostitution of his wife or

daughter, or that he has not consented to the infidelity of the other
spouse.

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a

This article does not define or penalize a felony, the penalty is

destierro.

waste and ruin.

Penalty of destierro for killer spouse is meant to protect him from

acts of reprisal by relatives of dead spouse.
It is not necessary that the parent be legitimate for the application of
this article.
This article applies only when the daughter is single.
Surprise means to come upon suddenly or unexpectedly.
Art. 247 is applicable even when the accused did not see his spouse
in the act sexual intercourse with another person. It is enough that
circumstances reasonably show that the carnal act is being
committed or has been committed.
Sexual intercourse does not include preparatory acts.
Article does not apply: If the surprising took place before any actual
sexual intercourse could be done or after the actual sexual
intercourse was finished
Immediately thereafter means that the discovery, escape, pursuit
and the killing must all form parts of one continuous act.
Immediately thereafter may be an hour after proximate result of
outrage overwhelming accused after chancing upon spouse in basest
act of infidelity
The killing must be the direct by-product of the rage of the accused.
No criminal liability is incurred when less serious or slight physical
injuries are inflicted.
Moreover, in case third persons caught in the crossfire suffer physical
injuries, the accused is not liable for physical injuries. The principle
that one is liable for the consequences of his felonious act is not
applicable, because his act under Art.247 does not amount to a
felony.
Requisites must be established by evidence of the defense
living with parent - is understood to be in their own dwelling
because of the embarrassment and humiliation done to the parent
and parental abode
- If done in a motel, article does not apply.
People v. Puedan
Evidence of the victims promiscuity is inconsequential to the
killing. The offender must prove that he actually surprised his wife
and her paramour in flagrante delicto, and that he killed the man
during or immediately thereafter.
People v. Abarca
The killing must be the direct result of the outrage suffered by the
cuckolded husband. Although about one hour had passed between
the time the accused discovered his wife having sexual intercourse
with the victim and the time the latter was actually killed, it was held
that Article 247 was applicable, as the shooting was a continuation of
the pursuit of the victim by the accused.
Inflicting death under exceptional circumstances is not murder.
Two other persons suffered physical injuries as they were caught in
the crossfire when the accused shot the victim. A complex crime of
double frustrated murder was not committed as the accused did not
have the intent to kill the two victims. Here, the accused did not
commit murder when he fired at the paramour of his wife. No
aberratio ictus because he was acting lawfully.

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.

vessel, derailment or assault upon a street car or locomotive, fall of an airship,

by means of motor vehicles, or with the use of any other means involving great

4. 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.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person or corpse.

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.

EVIDENT PREMEDITATION - act of the offender manifestly

indicating that he clung to his determination to kill his victim
- Evident premeditation is absorbed in price, reward or promise, if
without the premeditation the inductor would not have induced the
other to commit the act but not as regards the one induced.
CRUELTY - Under Article 14, the generic aggravating circumstance
of cruelty requires that the victim be alive, when the cruel wounds
were inflicted and, therefore, must be evidence to that effect. Yet, in
murder, aside from cruelty, any act that would amount to scoffing or
decrying the corpse of the victim will qualify the killing to murder.

essential requisite of the crime of homicide or murder - intent to kill

- is not required in a prosecution for physical injuries.
People v. Castillo
There is no offense of frustrated homicide through imprudence.
Accused pharmacist prepared the medicine on prescription but
erroneously used a highly poisonous substance. When taken by the
patient, the latter nearly died. Accused is guilty only of physical
injuries through reckless imprudence. The element of intent to kill in
frustrated homicide is incompatible with negligence or imprudence.

Penalty For Frustrated Parricide, Murder Or Homicide

ART.250

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.

ARTICLE 250. Penalty for Frustrated Parricide, Murder or Homicide. The

courts, in view of the facts of the case, may impose upon the person guilty of
the frustrated crime of parricide, murder or homicide, defined and penalized in
the preceding articles, a penalty lower by one degree than that which should
be imposed under the provision of article 50.
The courts, considering the facts of the case, may likewise reduce by one
degree the penalty which under article 51 should be imposed for an attempt to
commit any of such crimes.

Courts may impose a penalty:

a. 2 degrees lower for frustrated parricide, murder, or homicide
b. 3 degrees lower for attempted parricide, murder, or homicide

There is no crime of frustrated homicide through

negligence/imprudence.
Physical injuries are one of the essential elements of frustrated
homicide.

Death Caused In A Tumultuous Affray

Use of unlicensed firearm is an aggravating circumstance in

homicide.

ARTICLE 251. Death Caused in a Tumultuous Affray. When, while several

In accidental homicide wherein death of a person is brought about

by a lawful act performed with proper care and skill and without
homicidal intent, there is no liability.

assaulting and attacking each other reciprocally, quarrel and assault each

When the wounds that caused death were inflicted by 2 different

persons, even if they were not in conspiracy, each one of them is
guilty of homicide.
In all crimes against persons in which the death of the victim is an
element, there must be satisfactory evidence of
(1) the fact of death and
(2) the identity of the victim.

persons, not composing groups organized for the common purpose of

other in a confused and tumultuous manner, and in the course of the affray
someone is killed, and it cannot be ascertained who actually killed the
deceased, but the person or persons who inflicted serious physical injuries
can be identified, such person or persons shall be punished by prisin mayor.
If it cannot be determined who inflicted the serious physical injuries on the
deceased, the penalty of prisin correccional in its medium and maximum
periods shall be imposed upon all those who shall have used violence upon
the person of the victim.

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

persons who used violence are known.

If there is conspiracy, this crime is not committed.
If nobody could still be traced to have employed violence upon the
victim, nobody will answer. The crimes committed might be
disturbance of public order, or if participants are armed, it could be
tumultuous disturbance, or if property was destroyed, it could be
malicious mischief.

the crime is homicide (if without consent; with consent, covered by

Article 253).
Assistance to suicide is different from mercy- killing. Euthanasia or
mercy-killing is the practice of painlessly putting to death a person
suffering from some incurable disease. In this case, the person does
not want to die. A doctor who resorts to euthanasia may be held
liable for murder.
Penalty is mitigated if suicide is not successful.
The person attempting to commit suicide is not liable if he survives.

Physical Injuries Inflicted In A Tumultuous Affray

ART.252

ARTICLE 252. Physical Injuries Inflicted in a Tumultuous Affray. When in a

tumultuous affray as referred to in the preceding article, only serious physical
injuries are inflicted upon the participants thereof and the person responsible
therefor cannot be identified, all those who appear to have used violence upon
the person of the offended party shall suffer the penalty next lower in degree
than that provided for the physical injuries so inflicted.
When the physical injuries inflicted are of a less serious nature and the person
responsible therefor cannot be identified, all those who appear to have used
any violence upon the person of the offended party shall be punished by
arresto from five to fifteen days.

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

Euthanasia is not lending assistance to suicide. In euthanasia, the

victim is not in a position to commit suicide. A doctor who resorts to
euthanasia of his patient may be liable for murder.

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.

Physical injury should be serious or less serious

There is a special complex crime of illegal discharge of firearm with

serious or less serious physical injuries.

No crime of physical injuries resulting from a tumultuous affray if the

physical injury is only slight. Slight physical injury is considered as
inherent in a tumultuous affray.

It is essential for prosecution to prove that the discharge of

firearm was directed precisely against the offended party.
Intent to kill is negated by the fact that the distance between the
victim and the offender is 200 yards.

Giving Assistance to Suicide

ART.253

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

A person who attempts to commit suicide is not criminally liable.

Giving assistance to suicide means giving means (arms, poison, etc.)
or whatever manner of positive and direct cooperation (intellectual
aid, suggestions regarding the mode of committing suicide, etc.).
A pregnant woman who tried to commit suicide by means of poison
but instead of dying, the fetus in her womb was expelled, is not
liable for abortion.
If the person does the killing himself, the penalty is similar to that of
homicide, which is reclusion temporal. There can be no qualifying
circumstance because the determination to die must come from the
victim. This does not contemplate euthanasia or mercy killing where

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.

No frustrated unintentional abortion

Ways of committing intentional abortion
1. Using any violence upon the person of the pregnant woman;
2. Acting, but without using violence, without the consent of the
woman. (By administering drugs or beverages upon such pregnant
woman without her consent.)
3. Acting (by administering drugs or beverages), with the consent of
the pregnant woman.
If the mother as a consequence of abortion suffers death or physical
injuries, you have a complex crime of murder or physical injuries and
abortion.
In intentional abortion, the offender must know of the pregnancy
because the particular criminal intention is to cause an abortion.
If the woman turns out not to be pregnant and someone performs an
abortion upon her, he is liable for an impossible crime if the woman
suffers no physical injury. If she does, the crime will be homicide,
serious physical injuries, etc.
Frustrated abortion is committed if the fetus that is expelled is viable
and, therefore, not dead as abortion did not result despite the
employment of adequate and sufficient means to make the pregnant
woman abort.

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.

Concealment of dishonor is not an element of infanticide. It merely

lowers the penalty. If the child is abandoned without any intent to
kill and death results as a consequence, the crime committed
is not infanticide but abandonment under Article 276.

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

Committed only by violence(giving of bitter substance with no

intention to cause abortion is not unintentional abortion)

ART.256

ARTICLE 256. Intentional Abortion. Any person who shall intentionally

cause an abortion shall suffer:
1. The penalty of reclusin temporal, if he shall use any violence upon the
person of the pregnant woman.
2. The penalty of prisin mayor if, without using violence, he shall act without
the consent of the woman.
3. The penalty of prisin correccional in its medium and maximum periods, if
the woman shall have consented.

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

Violence must be intentionally exerted

Unintentional abortion may be complexed with other crimes such
as parricide or homicide
The accused can only be held liable if he knew that the woman was
pregnant. If there is no intention to cause abortion and neither was
violence exerted, Arts. 256 and 257 does not apply.
Unintentional abortion requires physical violence inflicted deliberately
and voluntarily by a third person upon the pregnant woman.
If the pregnant woman aborted because of intimidation, the crime
committed is not unintentional abortion because there is no violence;
the crime committed is light threats.
If the pregnant woman was killed by violence by her husband, the
crime committed is the complex crime of parricide with unlawful
abortion.
Unintentional abortion may be committed through negligence as
it is enough that the use of violence be voluntary.
If the act of violence is not felonious, that is, act of self-defense, and
there is no knowledge of the womans pregnancy, there is no
liability. If the act of violence is not felonious, but there is knowledge
of the womans pregnancy, the offender is liable for unintentional
abortion.
People vs. Jose
Unintentional abortion can also be committed through negligence.
Jose is declared guilty of the crime of unintentional abortion through
reckless imprudence for having bumped a calesa which resulted a
pregnant woman to bump her abdomen against the wall of the
calesa and eventually led to an abortion.
People v. Salufrania
Mere boxing of the stomach taken together with the immediate
strangling of the victim in a fight, is not sufficient proof to show an
intent to cause abortion. The accused must have merely intended to
kill the victim but not necessarily to cause abortion. The accused is
liable for complex crime of parricide with unintentional abortion for it
was merely incidental to the killing.
People v. Carnaso

Duel

For the crime of abortion, even unintentional, to be held committed,

the accused must have known of the pregnancy.

Responsibility Of Participants In A Duel

Abortion Practiced By The Woman Herself Or By Her Parents

ART.260

ART.258

ARTICLE 258. Abortion Practiced by the Woman Herself or by Her Parents.

The penalty of prisin correccional in its medium and maximum periods shall
be imposed upon a woman who shall practice an abortion upon herself or
shall consent that any other person should do so.
Any woman who shall commit this offense to conceal her dishonor, shall suffer
the penalty of prisin correccional in its minimum and medium periods.
If this crime be committed by the parents of the pregnant woman or either of
them, and they act with the consent of said woman for the purpose of
concealing her dishonor, the offenders shall suffer the penalty of prisin

ARTICLE 260. Responsibility of Participants in a Duel. The penalty of

reclusin temporal shall be imposed upon any person who shall kill his
adversary in a duel.
If he shall inflict upon the latter physical injuries only, he shall suffer the
penalty provided therefor, according to their nature.
In any other case, the combatants shall suffer the penalty of arresto mayor,
although no physical injuries have been inflicted.
The seconds shall in all events be punished as accomplices.

correccional in its medium and maximum periods.

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.

Abortion Practiced By A Physician Or Midwife And Dispensing Of

Abortives

The law disregards intent to kill in a duel

ART.259

In case of slight physical injuries inflicted on another, penalty is

arresto menor, 3rd paragraph applies only when no physical injuries
are inflicted

ARTICLE 259. Abortion Practiced by a Physician or Midwife and Dispensing of

There is no such crime nowadays because people hit each other even
without entering into any pre- conceived agreement. This is an
obsolete provision.

Abortives. The penalties provided in article 256 shall be imposed in its

maximum period, respectively, upon any physician or midwife who, taking
advantage of their scientific knowledge or skill, shall cause an abortion or
assist in causing the same.

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.

ARTICLE 261. Challenging to a Duel. The penalty of prisin correccional in

its minimum period shall be imposed upon any person who shall challenge
another, or incite another to give or accept a challenge to a duel, or shall scoff
at or decry another publicly for having refused to accept a challenge to fight a
duel.

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

The provisions of the preceding paragraph shall not be applicable to a parent

who shall inflict physical injuries upon his child by excessive chastisement.

ART.262

ARTICLE 262. Mutilation. The penalty of reclusin temporal to reclusin

perpetua shall be imposed upon any person who shall intentionally mutilate
another by depriving him, either totally or partially, of some essential organ for
reproduction.
Any other intentional mutilation shall be punished by prisin mayor in its
medium and maximum periods.

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.

Serious Physical Injuries

ART.263

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.

Loss of the power to hear in the right ear is considered as merely

loss of use of some other part of the body. Loss of use of hand or
incapacity of usual work in paragraph 2 must be permanent.
Paragraph 2 refers to principal members of the body. Paragraph 3,
on the other hand, covers any other member that is not a principal
part of the body. In this respect, a front tooth is considered as a
member of the body and not a principal member.
Deformity means physical ugliness, permanent and definite
abnormality that is not curable by natural means or by nature.
It must be conspicuous and visible. Thus, if the scar is usually
covered by a dress, it would not be conspicuous and visible. Loss
of teeth as deformity will not apply to child or old man.
The loss of 3 incisors is a visible deformity. Loss of one incisor is not.
However, loss of one tooth which impaired appearance is a deformity.
Deformity by loss of teeth refers to injury which cannot be repaired
by the action of nature.
Loss of both outer ears, loss of the power to hear, and loss of the
lobule of the ear constitute deformity.
Loss of the index and middle fingers is either a deformity or loss
of a member, not a principal one, of his body or use of the same.
If the injury would require medical attendance for more than 30
days, the illness of the offended party may be considered as lasting
more than 30 days. The fact that there was medical attendance for
that period of time shows that the injuries were not cured for that
length of time.
Under paragraph 4, all that is required is illness or incapacity, not
medical attendance.
In determining incapacity, the injured party must have an avocation
or work at the time of the injury. Work includes studies or
preparation for a profession.
When the category of the offense of serious physical injuries
depends on the period of the illness or incapacity for labor, there
must be evidence of the length of that period. Otherwise, the offense
will only be considered as slight physical injuries.
There is no incapacity if the injured party could still engage in his
work although less effectively than before.
Serious physical injuries is qualified when the crime is committed
against the same persons enumerated in the article on parricide or
when it is attended by any of the circumstances defining the crime of

murder. However, serious physical injuries resulting from excessive

chastisement by parents is not qualified serious physical injuries.
The reason why there is no attempted or frustrated physical injuries
is because the crime of physical injuries is determined on the gravity
of the injury.
It is a crime of result. As long as the injury is not there, there can be
no attempted or frustrated stage thereof.

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

Administering Injurious Substance Or Beverages

from engaging in his habitual work nor require medical attendance.

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

Less Serious Physical Injuries

ART.265

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.

3. By arresto menor in its minimum period or a fine not exceeding 50 pesos

when the offender shall ill-treat another by deed without causing any injury.

THREE (3) KINDS:

1. That which incapacitated the offended party for labor from 1-9
days or required medical attendance during the same period.
2. That which did not prevent the offended party from engaging in
his habitual work or which did not require medical attendance (Ex.
blackeye).
3. Ill-treatment of another by deed w/o causing any injury.
(Ex. slapping but w/o causing dishonor)
When there is no evidence of actual injury Supervening event
converting crime into serious physical injuries after filing of
information can still be the subject of a new charge
This involves even ill-treatment where there is no sign of injury
requiring medical treatment.
Slapping the offended party is a form of ill-treatment which is a form
of slight physical injuries.
But if the slapping is done to cast dishonor upon the person slapped,
or to humiliate or embarrass the offended party out of a quarrel or
anger, the crime is slander by deed.
Between slight physical injuries and less serious physical injuries, not
only the healing duration of the injury will be considered but also the
medical attendance required to treat the injury. So the healing
duration may be one to nine days, but if the medical treatment
continues beyond nine days, the physical injuries would already
qualify as less serious physical injuries. The medical treatment may
have lasted for nine days, but if the offended party is still
incapacitated for labor beyond nine days, the physical injuries are
already considered less serious physical injuries.
Where there is no evidence of actual injury, it is only slight physical
injuries. In the absence of proof as to the period of the offended
partys incapacity for labor or of the required medical attendance,
the crime committed is slight physical injuries.

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.

Slight Physical Injuries And Maltreatment

ART.266

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. By any person who, under any of the circumstances mentioned

in paragraph 1 hereof, shall commit an act of sexual assault by

inserting
a. his penis into another persons mouth or anal orifice; or
b. any instrument or object, into the genital or anal orifice of another
person.
Rape committed under paragraph 1 is punishable by:
1. reclusion perpetua
2. reclusion perpetua to DEATH when:
a. victim became insane by reason or on the occasion of rape; or
b. the rape is attempted and a homicide is committed by reason
or on the occasion thereof.
3. DEATH when:
a. homicide is committed;
b. victim is under 18 years old and offender is:
(1) parent,

(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

In rape by sexual assault, the word "instrument or object" should be

construed to include a human finger.
ORDINARIO vs. PEOPLE G.R. No. 155415. 520/04
The definition of the crime of rape has been expanded with the
enactment of Republic Act No. 8353, otherwise known as the AntiRape Law of 1997, to include not only "rape by sexual intercourse"
but now likewise "rape by sexual assault." An act of sexual assault
under the second paragraph of the article can be committed by any
person who, under the circumstances mentioned in the first
paragraph of the law, inserts his penis into the mouth or anal orifice,
or any instrument or object into the genital or anal orifice, of another
person. The law, unlike rape under the first paragraph of Article 266A of the Code, has not made any distinction on the sex of either the
offender or the victim. Neither must the courts make such
distinction.
PEOPLE vs. BALLENO G.R. No. 149075. 8/7/03
The fact that no laceration and no ruptured hymen were found in this
case, does not necessarily negate rape. The fact that the hymen was
intact upon examination does not, likewise, belie rape, for a broken
hymen is not an essential element of rape, nor does the fact that the
victim remained a virgin exclude the crime.
PEOPLE vs. NAVARRO, G.R. No. 137597. 10/24/03
Even the slightest contact of the penis with the labia under the
circumstances enumerated under Art. 266- A of the Revised Penal
Code constitutes rape. A flaccid penis can do as much damage as an
erect one at least insofar as the crime of rape is concerned.
PEOPLE vs. AGSAOAY, G.R. Nos. 132125-26. 6/3/04
An unchaste woman who habitually goes out with different men may
be a victim of rape. The victims moral character is not among the
elements of the crime of rape. It does not negate the existence of
rape.
PEOPLE vs. LALINGJAMAN, G.R. No. 132714. 6/6/01
Rape may be committed anywhere even in places where people
congregate such as parks, along the road side, within school
premises, and inside a house where there are other occupants. The
beast in him bears no respect for time and place.
PEOPLE vs. OLAYBAR G.R. Nos. 150630-31. 101/03
The trial court has decreed the penalty of death on account of
circumstance under Article 266-A, i.e., that when "the offender
knows that he is afflicted with Human Immuno-Deficiency Virus
(HIV), Acquired Immune Deficiency Syndrome (AIDS) or any other
sexually transmissible disease and the virus or disease is transmitted
to the victim," the imposition of the extreme penalty of death would
be warranted.
PEOPLE vs. DE LA TORRE G.R. Nos. 121213 & 121216-23.
1/13/04
An accused may be considered a principal by direct participation, by
inducement, or by indispensable cooperation. This is true in a charge
of rape against a woman, provided of course a man is charged
together with her. Thus, in two cases the Court convicted the woman
as a principal by direct participation since it was proven that she held
down the complainant in order to help her co-accused spouse
consummate the offense.
PEOPLE vs. ESPINOSA G.R. No. 138742 6/15/04
Absence of resistance does not mean consent. The complainant was
only 14 years old when the rape took place. At her age, it could
easily be conceived that she feared the appellant and believed his
threats, that he would kill her and her family if she reported the
incident to anyone.
The test is whether the threat or intimidation produces a reasonable
fear in the mind of the victim that if she resists or does not yield to
the desires of the accused, the threat would be carried out.
PEOPLE vs. MALONES, G.R. Nos. 124388-90. 3/11/04
The negative findings of spermatozoa on the medico- legal report
does not prove that no rape was committed.
PEOPLE vs. ROTE, G.R. No. 146188, 12/11/03
Where the girl is below 12 years old, the only subject of inquiry is
whether carnal knowledge took place. Proof of force, intimidation
or consent is unnecessary since none of these is an element of
statutory rape. There is a conclusive presumption of absence of free
consent of the rape victim is below the age of 12.
PEOPLE vs.SABARDAN, G.R. No. 132135. 5/21/04
When the original and primordial intention of the appellant in
keeping the victim in his apartment was to rape her and not to
deprive her of her liberty, the appellant is guilty only of rape under
Article 335, paragraph 1 of the Revised Penal Code, and not of the
complex crime of serious illegal detention with rape under Article
267, in relation to Articles 335 and 48 of the Code.
PEOPLE vs. BALATAZO, G.R. No. 118027. 1/29/04
Force or intimidation may be actual or constructive. In this case, the
victim is a mental retardate. The appellant took advantage of her
condition and succeeded in having sexual intercourse with her.

Hence, he is guilty of forcible rape.

PEOPLE vs. FUCIO, G.R. Nos. 151186-95. 2/13/04
The qualifying circumstance of minority and relationship does not
include god-father relationship
PEOPLE vs. ANCHETA, G.R. No. 142431. 1/14/04
To justify the imposition of the death penalty in cases of incestuous
rape, the concurrence of the minority of the victim and her
relationship to the offender constitutes one special qualifying
circumstance which must be both alleged and proved with moral
certainty.
PEOPLE OF THE PHILIPPINES vs. MAURICIO WATIWA, G.R.
No. 139400 September 3, 2003
In Qualified Rape, the term guardian refers to a legal guardian as
in the case of parents or guardian ad litem or judicial guardian
appointed by the court, and not merely to an uncommitted caretaker
over a limited period of time.
PEOPLE OF THE PHIL. vs. LAMBID G.R. Nos. 133066-67,
October 1, 2003
The force or violence necessary in rape is a relative term that
depends not only on the age, size, and strength of the persons
involved but also on their relationship to each other. In a rape
committed by a father against his own daughter, the former's
parental authority and moral ascendancy substitutes for violence or
intimidation over the latter who, expectedly, would just cower in fear
and resign to the father's wicked deeds.
PEOPLE OF THE PHILIPPINES vs. ANTHONY SANDIG G.R. No.
143124. 7/25/03
The mere assertion of a love relationship does not necessarily rule
out the use of force to consummate the crime of rape. A sweetheart
cannot be forced to have sex against her will. Definitely a man can
neither demand sexual gratification from a fiance nor employ
violence upon her, on the pretext of love.
PEOPLE vs. JOEL AYUDA G.R. No. 128882. 10/2/03
A "sweetheart defense," to be credible, should be substantiated by
some documentary or other evidence of the relationship like
mementos, love letters, notes, pictures and the like. Here, no such
evidence was ever presented by appellant.
PEOPLE vs. ACERO, G.R. Nos. 146690- 91. 3/17/04
A defense based on sweetheart theory in rape cases is not a
defense at all in rape where the victim is a mental retardate.
PEOPLE vs. OGA, G.R. No. 152302. 6/8/04
Sweetheart theory prevails as a defense in rape when it casts
reasonable doubt as to the guilt of the accused.
People v. Orita
A soldier raped a 19-year old student by poking a knife on her neck.
Only a portion of his penis entered her vagina because the victim
kept on struggling until she was able to escape. The accused was
convicted of frustrated rape.
HELD: There is NO crime of FRUSTRATED RAPE because in rape,
from the moment the offender has carnal knowledge of the victim,
he actually attains his purpose, all the essential elements of the
offense have been accomplished.
People v. Campuhan
The accused had his pants down and was on top of the 4-year old
child when the childs mother arrived. Medical findings showed no
signs of genital injury and the victims hymen was intact.
HELD: For rape to be consummated, a slight brush or scrape of
the penis on the external layer of the vagina will not suffice.
Mere touching of the external layer of the vagina is not the same as
slightest penetration. Accused is only liable for ATTEMPTED RAPE.
People v. Atento
A 16-year old mental retardate, who has the intellectual capacity of
a 9 and 12 year old, was repeatedly raped by the accused.
HELD: The accused was found guilty of raping a woman deprived
of reason or otherwise unconscious, and was also held liable for
rape under the Par. that pertains to a victim under 12
notwithstanding the victims actual age. Age requirement was
amended to refer to mental age.
People v. Gallo
Gallo was found guilty of the crime of qualified rape with the penalty
of death. The information filed against him does not allege his
relationship with the victim, his daughter, thus, it CANNOT be
considered as a qualifying circumstance.
HELD: Special qualifying circumstances have to be alleged in the
information for it to be appreciated. The case was reopened and the
judgment is modified from death to reclusion perpetua.
People v. Berana
A 14-year old was raped by her brother- in-law.

HELD: To effectively prosecute the accused for the crime of rape

committed by a relative by affinity w/in the 3rd civil degree, it must
be established that:
1) the accused is legally married to the victims sister; and
2) the victim and the accuseds wife are full or half-blood siblings.
Since relationship qualifies the crime of rape, there must be clearer
proof of relationship and in this case, it was not adequately
substantiated.
TITLE NINE
Crimes Against Personal Liberty and Security
CHAPTER ONE
Crimes Against Liberty
1.
2.
3.
4.
5.
6.
7.
8.

Kidnapping and serious illegal detention (267)

Slight illegal detention (268)
Unlawful arrest (269)
Kidnapping and failure to return a minor (270)
Inducing a minor to abandon his home (271)
Slavery (272)
Exploitation of child labor (273)
Services rendered under compulsion in payment of debt (274)

SECTION ONE
Illegal Detention

Kidnapping And Serious Illegal Detention

ART.267
ARTICLE 267. Serious Illegal Detention. Any private individual who shall
kidnap or detain another, or in any other manner deprive him of his liberty,
shall suffer the penalty of reclusin temporal:
1. If the locking up or detention shall have lasted more than twenty days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon the person
locked up or detained, or if threats to kill him shall have been made.

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
offender to a place but the victim is thereafter prevented, with the
use of force, from leaving the place where he was brought to with his
consent and is detained against his will, the offender is guilty of
kidnapping and serious illegal detention.
PEOPLE vs. PUA, G.R. NO. 144050. 11/11/03
The penalty shall be death where the kidnapping or detention was
committed for the purpose of extorting ransom from the victim or
any other person, even if none of the circumstances mentioned in
Article 267 were present in the commission of the offense
People v Padica (1993)
Where the evident purpose of taking the victim was to kill him, and
from the acts of the accused it cannot be inferred that the
latters purpose was to actually detain or deprive the victim of his
liberty, the subsequent killing of the victim did not constitute the
crime of kidnapping.
The demand for ransom did not convert the crime into kidnapping,
since no deprivation of liberty was involved.
People v Luartes (1999)
The essence of kidnapping is the actual deprivation of the victims
liberty coupled with the intent of the accused to effect it.
People v Pavillare (2000)
The duration of the detention even if only for a few hours does not
alter the nature of the crime committed.
People v. Tomio
Physical detention is not necessary. It is enough that the victim is
under the complete control of the perpetrators as in this case when
the Japanese victim had to rely on his abductors for survival after
he was tricked into believing that the police was after him.
It was also held in this case that keeping a person as a collateral
for payment of an obligation is kidnapping.
The amendment introduced in our criminal statutes the concept of
"special complex crime" of kidnapping with murder or homicide.

Slight Illegal Detention

ART.268
ARTICLE 268. Slight Illegal Detention. The penalty of prisin mayor shall be
imposed upon any private individual who shall commit the crimes described in
the next preceding article without the attendance of any of the circumstances
enumerated therein.
The same penalty shall be incurred by anyone who shall furnish the place for
the perpetration of the crime.
If the offender shall voluntarily release the person so locked up or detained
within three days from the commencement of the detention, without having
attained the purpose intended, and before the institution of criminal
proceedings against him, the penalty shall be prisin correccional in its
minimum and medium periods and a fine not exceeding 500 pesos.

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.
Inducing A Minor To Abandon His Home

Unlawful Arrest

ART.271

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.

ARTICLE 271. Inducing a Minor to Abandon his Home. The penalty of

arresto mayor and a fine not exceeding 500 pesos shall be imposed upon
anyone who shall induce a person under age but over seven years to abandon
the home of his parents or guardians or the persons entrusted with his
custody.
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.

Offender is any person. Either a public officer or private individual

may be liable.

Inducement must be actual, committed with criminal intent and

determined by a will to cause damage.

Arrest/ detention refers to warrantless arrests.

The minor should not leave his home of his own free will.

In Article 125 (Delay in the delivery of detained persons to the

proper judicial authorities), the detention is for some legal ground.
While in an unlawful arrest, the detention is not authorized by law.

Mitigated if committed by the father or mother of the victim.

Generally, this crime is committed by incriminating innocent persons

by the offenders planting evidence to justify the arrest a complex
crime results, that is, unlawful arrest through incriminatory
machinations under Article 363.
If the person arrested is not delivered to the authorities, the private
individual making the arrest incurs criminal liability for illegal
detention under Article 267 or 268.

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

If the offender is a public officer, the crime is arbitrary detention

under Article 124.
If the detention or arrest is for a legal ground, but the public officer
delays delivery of the person arrested to the proper judicial
authorities, then Article 125 will apply.

SECTION TWO
Kidnapping of Minors

Kidnapping And Failure To Return A Minor

ART.270

ARTICLE 270. Kidnapping and Failure to Return a Minor. The penalty of

reclusin temporal shall be imposed upon:
1. Anyone who shall kidnap a child under seven years for the purpose of
permanently separating said child from his parents or guardians or the
persons charged with his custody.
2. Any person who, being entrusted with the custody of a minor person, shall
deliberately fail to restore the latter to his parents or guardians.

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.

Exploitation Of Child Labor

ART.273

Kidnapping and failure to return a minor is necessarily included in

kidnapping and serious illegal detention of a minor under Article
267(4).

ARTICLE 273. Exploitation of Child Labor. The penalty of prisin

correccional in its minimum and medium periods and a fine not exceeding 500
pesos shall be imposed upon anyone who, under the pretext of reimbursing
himself of a debt incurred by an ascendant, guardian or person entrusted with
the custody of a minor, shall, against the latters will, retain him in his service.

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

Services Rendered Under Compulsion In Payment Of Debt

ART.274
ARTICLE 274. Services Rendered Under Compulsion in Payment of Debts.
The penalty of arresto mayor in its maximum period to prisin correccional in
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.

CHAPTER TWO
Crimes Against Security

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
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
4. That he has no intent to kill the child when the latter is
abandoned.
Abandonment must be conscious, deliberate, and permanent.

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

Abandonment of persons in danger and abandonment of ones own

victim (275)
Abandoning a minor (276)
Abandonment of minor by person entrusted with his custody;
indifference of parents (277)
Exploitation of minors (278)
Trespass to dwelling (280)
Other forms of trespass (281)
Grave threats (282)
Light threats (283)
Other light threats (285)
Grave coercions (286)
Light coercions (287)
Other similar coercions (compulsory purchase of merchandise and
payment of wages by means of tokens) (288)
Formation, maintenance and prohibition of combination of capital or
labor through violence or threats (289)
Discovering secrets though seizure of correspondence (290)
Revealing secrets with abuse of office (291)
Revealing of industrial secrets (292)

Qualifying circumstances:
a. death of the minor; or
b. life was in danger because of the abandonment.
Parent guilty of abandoning their children shall be deprived of
parental authority.
The purpose in abandoning the minor under his custody is to avoid
the obligation of taking care of said minor.
Intent to kill cannot be presumed from the death of the child. The
ruling that the intent to kill is presumed from the death of the victim
of the crime is applicable only to crimes against persons, and not to
crimes against security, particularly the crime of abandoning a minor
under Art. 276.

Abandonment Of Minor By Person Entrusted With His Custody;

Indifference Of Parents
ART.277

SECTION ONE
Abandonment of Helpless Persons and Exploitation of Minors

Abandonment Of Person In Danger And Abandonment Of One's Own

Victim
ART.275
ARTICLE 275. Abandonment of Persons in Danger and Abandonment of Ones
Own Victim. The penalty of arresto mayor shall be imposed upon:
1. Anyone who shall fail to render assistance to any person whom he shall find
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.
2. Anyone who shall fail to help or render assistance to another whom he has
accidentally wounded or injured.
3. Anyone who, having found an abandoned child under seven years of age,
shall fail to deliver said child to the authorities or to his family, or shall fail to
take him to a safe place.

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:

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.

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.

Additional Penalties For Other Offenses

ART.279

Exploitation Of Minors
ART.278
ARTICLE 278. Exploitation of Minors. The penalty of prisin correccional in
its minimum and medium periods and a fine not exceeding 500 pesos shall be
imposed upon:
1. Any person who shall cause any boy or girl under sixteen years of age to
perform any dangerous feat of balancing, physical strength or contortion.
2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal
tamer or circus manager or engaged in a similar calling, shall employ in
exhibitions of these kinds of children under sixteen years of age who are not
his children or descendants.
3. Any person engaged in any of the callings enumerated in the next preceding
paragraph who shall employ any descendant of his under twelve years of age
in such dangerous exhibitions.
4. Any ascendant, guardian, teacher or person entrusted in any capacity with
the care of a child under sixteen years of age, who shall deliver such child
gratuitously to any person following any of the callings enumerated in
paragraph 2 hereof, or to any habitual vagrant or beggar.
If the delivery shall have been made in consideration of any price,
compensation, or promise, the penalty shall in every case be imposed in its
maximum period.
In either case, the guardian or curator convicted shall also be removed from
office as guardian or curator; and in the case of the parents of the child, they
may be deprived, temporarily or perpetually, in the discretion of the court, of
their parental authority.
5. Any person who shall induce any child under sixteen years of age 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 hereof, or
to accompany any habitual vagrant or beggar.

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

ARTICLE 279. Additional Penalties for Other Offenses. The imposition of the
penalties prescribed in the preceding articles, shall not prevent the imposition
upon the same person of the penalty provided for any other felonies defined
and punished by this Code.

The imposition of the penalties prescribed in the preceding articles,

shall not prevent the imposition upon the same person of the penalty
provided for any other felonies defined and punished by this Code.

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
against the actual occupant thereof.
NOT APPLICABLE TO:
- entrance is for the purpose of preventing harm to himself, the
occupants or a third person;
- purpose is to render some service to humanity or justice; and
- place is a caf, tavern, etc. while it is open.
Medina case:
When the accused entered the dwelling through the window, he had
no intent to kill any person inside. His intention to kill came to his
mind when he was being arrested by the occupants thereof. Hence,
the crime of trespass to dwelling is a separate and distinct offense
from frustrated homicide.
Examples of trespass by means of violence:
1. Pushing the door violently and maltreating the occupants after
entering.
2. Cutting of a ribbon or string with which the door latch of a closed
room was fastened. The cutting of the fastenings of the door was an
act of violence.
3. Wounding by means of a bolo, the owner of the house
immediately after entrance
Examples of trespass by means of intimidation:
1. Firing a revolver in the air by persons attempting to force their
way into a house.
2. The flourishing of a bolo against inmates of the house upon
gaining an entrance

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
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

Other Form Of Trespass

ART.281
ARTICLE 281. Other Forms of Trespass. The penalty of arresto menor or a
fine not exceeding 200 pesos, or both, shall be imposed upon any person who
shall enter the closed premises or the fenced estate of another, while either of
them are uninhabited, if the prohibition to enter be manifest and the trespasser
has not secured the permission of the owner or the caretaker thereof.

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.

When consummated: As soon as the threats came to the knowledge

of the offended party.
It is not necessary that the offended party was present at the time
the threats were made. It is sufficient that the threats came to his
knowledge.

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.

Bond For Good Behavior

ART.284
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.

WHEN A PERSON IS REQUIRED TO GIVE BAIL BOND

1. When he threatens another under the circumstances mentioned in
Art. 282.
2. When he threatens another under the circumstances mentioned in
Art. 283.
The person making the threats under the 2 preceding articles
(grave and light threats) may also be required by the court
to give bail conditioned upon the promise not to molest the
person threatened.

Other Light Threats

ART.285
ARTICLE 285. Other Light Threats. The penalty of arresto menor in its
minimum period or a fine not exceeding 200 pesos shall be imposed upon:
1. Any person who, without being included in the provisions of the next
preceding article, shall threaten another with a weapon, or draw such weapon
in a quarrel, unless it be in lawful self-defense.
2. Any person who, in the heat of anger, shall orally threaten another with
some harm not constituting a crime, and who by subsequent acts shows that
he did not persist in the idea involved in his threat, provided that the
circumstances of the offense shall not bring it within the provisions of article
282 of this Code.
3. Any person who shall orally threaten to do another any harm not
constituting a felony.

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.
Any person who shall use force or intimidation to prevent any
member of Congress from attending the meetings thereof,
expressing his opinions, or casting his vote is liable under Art. 145.
Any person who, by force, prevents the meeting of a legislative body
is liable under Art. 143.
A public officer who shall prevent by means of violence or threats the
ceremonies or manifestations of any religion is guilty of interruption
of religious worship (Art. 132).
In case of grave coercion where the offended party is being
compelled to do something against his will, whether it be wrong or
not, the crime of grave coercion is committed if violence or
intimidation is employed in order to compel him to do the act.
If a person prohibits another to do an act because the act is a crime,
even though some sort of violence or intimidation is employed, it
would not give rise to grave coercion.
It may only give rise to threat or physical injuries, if some
injuries are inflicted.
Arises only if the act which the offender prevented another to do is
not prohibited by law or ordinance.
Purpose Of The Law: To enforce the principle that no person may
take the law into his hands, and that our government is one of law,
not of men.
The thing prevented from execution must not be prohibited by law.
Otherwise, there will be no coercion.
Lee v. CA, 201 SCRA 405
Neither the crime of threats nor coercion is committed although
the accused, a branch manager of a bank made the complainant sign
a withdrawal slip for the amount needed to pay the spurious
dollar check she had encashed, and also made her execute an
affidavit regarding the return of the amount against her better sense
and judgment.

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.

The complainant may have acted reluctantly and with hesitation,

but still, it was voluntary.

No demand for money or condition involved.

ART.287

Threat is not deliberate.

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.

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

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

Unjust Vexation is distinguished from grave coercion by the absence

of violence.

Threats made or violence employed by picketers may make them

liable for coercion.
CHAPTER THREE
Discovery and Revelation of Secrets

Other Similar Coercions - Compulsory Purchase Of merchandise

And Payment Of Wages By Means Of Tokens

Discovering Secrets Through Seizure Of Correspondence

ART.288

ART.290

ARTICLE 288. Other Similar Coercions (Compulsory Purchase of

Merchandise and Payment of Wages by Means of Tokens). The penalty of
arresto mayor or a fine ranging from 200 to 500 pesos, or both, shall be
imposed upon any person, agent or officer of any association or corporation
who shall force or compel, directly or indirectly, or shall knowingly permit any
laborer or employee employed by him or by such firm or corporation to be
forced or compelled, to purchase merchandise or commodities of any kind.
The same penalties shall be imposed upon any person who shall pay the
wages due a laborer or employee employed by him, by means of tokens or
objects other than the legal tender currency of the Philippine Islands, unless
expressly requested by the laborer or employee.

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.

ARTICLE 290. Discovering Secrets Through Seizure of Correspondence.

The penalty of prisin correccional in its minimum and medium periods and a
fine not exceeding 500 pesos shall be imposed upon any private individual
who in order to discover secrets of another, shall seize his papers or letters
and reveal the contents thereof.
If the offender shall not reveal such secrets, the penalty shall be arresto mayor
and a fine not exceeding 500 pesos.
This provision shall not be applicable to parents, guardians, or persons
entrusted with the custody of minors with respect to the papers or letters of
the children or minors placed under their care or custody, nor to spouses with
respect to the papers or letters of either of them.

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.

ELEMENTS OF NO. 1:
1. That the offender is any person, agent or officer of any association
or corporation.
2. That he or such firm or corporation has employed laborers or
employees
3. That he forces or compels, directly or indirectly, or knowingly
permits to be forced or compelled, any of his or its laborers or
employees to purchase merchandise or commodities of any kind
from him or from said firm or corporation.

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.

ELEMENTS OF NO. 2:
1. That the offender pays the wages due a laborer or employee
employed by him by means of tokens or objects
2. That those tokens or objects are other than the legal tender
currency of the Philippines.
3. That such employee or laborer does not expressly request that he
be paid by means of tokens or objects

This article does not require that the offended party be prejudiced.

General rule: wages shall be paid in legal tender and the use of
tokens, promissory notes, vouchers, coupons or any other forms
alleged to represent legal tender is absolutely prohibited even
when expressly requested by the employee. (Section 1, Rule VIII,
Book III, Omnibus Rules Implementing the Labor Code)
No employer shall limit or otherwise interfere with the freedom
of any employee to dispose of his wages. He shall not in any
manner force, compel, oblige his employees to purchase
merchandise, commodities or other property from the employer or
from any other person. (Art. 112, Labor Code.)

Formation, Maintenance, And Prohibition Of Combination Of Capital

Or Labor Through Violence Or Threats
ART.289
ARTICLE 289. Formation, Maintenance and Prohibition of Combination of
Capital or Labor Through Violence or Threats. The penalty of arresto mayor
and a fine not exceeding 300 pesos shall be imposed upon any person who,
for the purpose of organizing, maintaining or preventing coalitions of capital
or labor, strike of laborers or lock-out of employees, shall employ 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, if the act shall not constitute a
more serious offense in accordance with the provisions of this Code.

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.
The act should not be a more serious offense. If death or some
serious physical injuries are caused in an effort to curtail the exercise
of the rights of the laborers and employers, the act should be
punished in accordance with the other provisions of the Code.
Peaceful picketing is not prohibited.

Contents of the correspondence need not be secret. The purpose of

the offender prevails.
Qualifying circumstance: When the offender reveals the contents of
such papers or letters to a 3rd person.

This is a crime against the security of ones papers and effects.

The purpose must be to discover its effects. The act violates the
privacy of communication.
According to Ortega, it is not necessary that the offender should
actually discover the contents of the letter. Reyes, citing
People v. Singh, CA, 40 OG, Suppl. 5, 35, believes otherwise.
The last paragraph of Article 290 expressly makes the provision of
the first and second paragraph thereof inapplicable to parents,
guardians, or persons entrusted with the custody of minors placed
under their care or custody, and to the spouses with respect to the
papers or letters of either of them. The teachers or other persons
entrusted with the care and education of minors are included in the
exceptions.
Distinction from estafa, damage to property, and unjust vexation:
- If the act had been executed with intent of gain, it would
be estafa;
- If, on the other hand, the purpose was not to defraud, but
only to cause damage to anothers, it would merit the
qualification of damage to property;
- If the intention was merely to cause vexation preventing
another to do something which the law does not prohibit or
compel him to execute what he does not want, the act should
be considered as unjust vexation.

Revealing Secrets With Abuse Of Office

ART.291
ARTICLE 291. Revealing Secrets With Abuse of Office. The penalty of
arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any
manager, employee, or servant who, in such capacity, shall learn the secrets of
his principal or master and shall reveal such secrets.

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.
Damage is not required by this article.
An employee, manager, or servant who came to know of the secret
of his master or principal in such capacity and reveals the same shall

also be liable regardless of whether or not the principal or master

suffered damages.
Essence of this crime is that the offender learned of the secret in
the course of his employment. He is enjoying a confidential relation
with the employer or master so he should respect the privacy of
matters personal to the latter.
If the matter pertains to the business of the employer or master,
damage is necessary and the agent, employee or servant shall
always be liable. Reason: no one has a right to the personal privacy
of another.

Revelation Of Industrial Secrets

ART.292

ARTICLE 292. Revelation of Industrial Secrets. The penalty of prisin

correccional in its minimum and medium periods and a fine not exceeding 500
pesos shall be imposed upon the person in charge, employee or workman of
any manufacturing or industrial establishment who, to the prejudice of the
owner thereof, shall reveal the secrets of the industry of the latter.

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
industry which the offender has learned.
The revelation of the secret might be made after the employee
or workman had ceased to be connected with the establishment.

TITLE TEN
Crimes Against Property
CHAPTER ONE
Robbery in General

Intent to gain is presumed from unlawful taking of personal property.

The unlawful taking must not be under the claim of title or
ownership.
When there is no intent to gain but there is violence in the taking,
the crime is grave coercion.
The violence or intimidation must be committed against the person
of the offended party, not upon the thing taken.
General rule: Violence or intimidation must be present before
the taking is complete.
Exception: When violence results in homicide, rape, intentional
mutilation or any of the serious physical injuries in paragraphs 1 and
2 of Art. 263 (Serious Physical injuries), the taking of the property is
robbery complexed w/ any of these crimes under Art. 294, even if
the taking is already complete when violence was used by the
offender.
Use of force upon things is entrance to the building by means
described in Arts. 299 and 302.
When both violence or intimidation and force upon things concur in
committing the crime, it is robbery w/ violence against persons.
If not personal property but real property or rights crime may be
usurpation
Theft, not robbery, where accused cut with bolo the strings tying
opening of a sack and then took the palay
RA 6539 is applicable when property taken in robbery is a motor
vehicle (Carnapping: taking with intent to gain of 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; Unqualified -14years and 8 months to 17 years and
4 months; violence/force upon things -17 years and 4 months to
30 years; occupant killed or raped reclusion perpetua to death)
PEOPLE vs. BOCALAN, G.R. No. 141527. 9/4/03
For the appellant to be guilty of consummated robbery, there must
be incontrovertible proof that property was taken from the victim.
The appellant is guilty of attempted robbery only when he
commences the commission of robbery directly by overt acts and
does not perform all the acts of execution which would produce
robbery by reason of some causes or accident other than his own
spontaneous desistance.

Who Are Guilty Of Robbery

ART.293
ARTICLE 293. Who are Guilty of Robbery. Any person who, with intent to
gain, shall take any personal property belonging to another, by means of
violence against or intimidation of any person, or using force upon anything,
shall be guilty of robbery.

ELEMENTS of robbery IN GENERAL:

1. That there be personal property belonging to another
(bienes muebles)
2. That there is unlawful taking of that property
(apoderamiento or asportacion
3. That the taking must be with intent to gain;
(animus lucrandi)
4. That there is violence against or intimidation of any person, or
force upon anything.

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
The taking of personal property must be unlawful in order to
constitute robbery. If the property is in the possession of the
offender because it was given to him in trust by the owner,
the crime is estafa.
If taking was lawful, then misappropriated after possession crime
may be malversation, (estafa)
As to robbery w/ violence or intimidation, from the moment the
offender gains possession of the thing even if offender has had no
opportunity to dispose of the same, the unlawful taking is complete.
As to robbery w/ force upon things, thing must be taken out of the
building in order to consummate robbery.

SECTION ONE
Robbery with Violence Against or Intimidation of Persons

Robbery With Violence Against Or Intimidation Of Persons

ART.294.
ARTICLE 294. Robbery with Violence Against or Intimidation of Persons
Penalties. Any person guilty of robbery with the use of violence against or
intimidation of any person shall suffer:

1. The penalty of reclusin perpetua to death, when by reason or on occasion

of the robbery, the crime of homicide shall have been committed.
2. The penalty of reclusin temporal in its medium period to reclusin
perpetua, when the robbery shall have been accompanied by rape or
intentional mutilation, or if by reason or on occasion of such robbery, any of
the physical injuries penalized in subdivision 1 of article 263 shall have been
inflicted, or the person robbed shall have been held for ransom or deprived of
his liberty for more than one day.
3. The penalty of reclusin temporal, when by reason or on occasion of the
robbery, any of the physical injuries penalized in subdivision 2 of the article
mentioned in the next preceding paragraph, shall have been inflicted.
4. The penalty of prisin mayor in its medium period to reclusin temporal in
its medium period, if the violence or intimidation employed in the commission
of the robbery shall have been carried to a degree clearly unnecessary for the
commission of the crime, or when in the course of its execution, the offender
shall have inflicted upon any person not responsible for its commission any of
the physical injuries covered by subdivisions 3 and 4 of said Article 263.
5. The penalty of prisin correccional to prisin mayor in its medium period in
other cases.

ACTS PUNISHED AS ROBBERY WITH VIOLENCE AGAINST OR

INTIMIDATION OF PERSONS:
1. When by reason or on occasion of the robbery, homicide is
committed;
2. When the robbery is accompanied w/ rape or intentional
mutilation or arson;
3. When by reason or on occasion of robbery, any of the physical
injuries resulting in insanity, imbecility, impotency, or blindness is
inflicted;
4. When by reason of or on occasion of the robbery, serious physical
injuries resulting in the loss of the use of speech, or the power to
hear or to smell, or the loss of an eye, hand, foot, arm, leg, or the
loss of the use of any such member or incapacity for work in w/c
victim is habitually engaged is inflicted;
5. If the violence / intimidation employed in committing the robbery
shall have been carried to a degree clearly unnecessary for the
crime;
6. When in the course of its execution, offender inflicts upon any
person not responsible for the commission of robbery any of the
physical injuries resulting to deformity, loss of any part of the body
or the use thereof, or illness or incapacity for the performance of the
work for > 90 days or > 30 days;
7. If the violence employed does not cause any serious physical
injuries defined in Art. 263, or if offender employs intimidation only
SPECIAL COMPLEX CRIMES WITH SPECIFIC PENALTIES
PRESCRIBED:
1. Robbery with homicide is committed if original design is robbery
and homicide was committed although homicide precedes the
robbery by an appreciable time. If original design is not robbery but
robbery was committed after homicide as an afterthought, offender
committed 2 separate offenses of robbery and homicide. The crime is
still robbery with homicide if the person killed was an innocent
bystander and not the person robbed and even if the death
supervened by mere accident.
2. In robbery with rape, the intent to commit robbery must precede
rape. Prosecution of the crime need not be by the offended party and
the fiscal can sign the information. When rape and homicide co-exist
in a robbery, rape should be considered as aggravating only and the
crime is still robbery with homicide.
3. Robbery with intimidation is committed when the acts done by the
accused, by their own nature or by reason of the circumstances,
inspire fear in the person against whom the acts are directed.
The crime defined in this article is a special complex crime.
The violence must be against the person of the offended party, not
upon the thing taken. It must be present before the taking of
personal property is complete.
Exception: When the violence results in:
(1) homicide,
(2) rape,
(3) intentional mutilation, or
(4) any of the serious physical injuries penalized in paragraphs 1 & 2
of Art. 263,
- the taking of personal property is robbery complexed with any of
those crimes under Art. 294,
- even if the taking was already complete when the violence was
used by the offender.
There is no crime as robbery with murder.

with rape.
When the taking of personal property of a woman is an independent
act following defendants failure to consummate the rape, there are
two distinct crimes committed: attempted rape and theft.
Additional rapes committed on the same occasion of robbery will not
increase the penalty.
When rape and homicide co-exist in the commission of robbery, the
crime is robbery with homicide, the rape to be considered as an
aggravating circumstance only.
Absence of intent to gain will make the taking of personal property
grave coercion if there is violence used (Art. 286).
PEOPLE vs. COMILING, G.R. No. 140405. 3/4/04
As correctly stressed by the Solicitor General, robbery with homicide
is a special complex crime. It is enough that in order to sustain a
conviction for this crime, the killing, which is designated as
homicide, has a direct relation to the robbery, regardless of
whether the latter takes place before or after the killing. For as long
as the killing occurs during or because of the heist, even if the killing
is merely accidental, robbery with homicide is committed.
PEOPLE vs. BOLINGET, G.R. Nos. 137949-52. 12/11/03
Well entrenched in this jurisprudence is the doctrine that when
homicide takes place as a consequence or on occasion a robbery, all
those who took part in the robbery are guilty as principals in the
special complex crime of robbery with homicide, even if they did not
actually took part in the homicide. The only exception is when it is
clearly shown that the accused endeavored to prevent the unlawful
killing.
PEOPLE vs. HIJADA, G.R. No. 123696. 311/04
There is no crime of Robbery with Multiple Homicide under the
Revised Penal Code. The crime is Robbery with Homicide
notwithstanding the number of homicides committed on the occasion
of the robbery and even if murder, physical injuries and rape were
also committed on the same occasion.
NAPOLIS V.CA (1972)
1. If both violence/intimidation of persons (294) and force upon
things(299/302) exist it will be considered as violation of Art 294
because it is more serious than in Art 299/302.
2. BUT when robbery is under Art 294 par 4 & 5 the penalty is lower
than in Art 299 so the complex crime should be imputed for the
higher penalty to be imposed without sacrificing the principle that
robbery w/ violence against persons is more severe than that w/
force upon things
PEOPLEV. MILLIAN (2000)
When taking of victims gun was to prevent the victim from
retaliating crimes are theft and homicide not robbery w/homicide

Robbery With Physical Injuries Committed In An Uninhabited Place And

By A Band, Or With The Use Of firearm On The Street, Road Or Alley
ART.295
ARTICLE 295. Robbery with Physical Injuries, Committed in an Uninhabited
Place and by a Band. If the offenses mentioned in subdivisions 3, 4, and 5 of
the next preceding article shall have been committed in an uninhabited place
and by a band, or by attacking a moving train, street car, motor vehicle or
airship, or by entering the passengers compartments in a train or, in any
manner, taking the passengers thereof by surprise in the respective
conveyances, the offender shall be punished by the maximum period of the
proper penalties.
In the same cases, the penalty next higher in degree shall be imposed upon
the leader of the band.

QUALIFYING CIRCUMSTANCES IN ROBBERY WITH VIOLENCE OR

INTIMIDATION OF PERSONS:
If any of the offenses defined in subdivisions 3, 4 and 5 of Art. 294
is committed 1. in an uninhabited place, or
2. by a band, or
3. by attacking a moving train, street car, motor vehicle or airship, or
4. by entering the passengers compartments in a train, or in any
manner taking the passengers thereof by surprise in the respective
conveyances, or
5. on a street, road, highway or alley and the intimidation is made
with the use of firearms.

The crime is still robbery with homicide if, in the course of the
robbery, a person was killed even if it was another robber or a
bystander.

The qualifying circumstances of robbery with violence or intimidation

must be alleged in the information and proved during the trial.

Even if the rape was committed in another place, it is still robbery

Being qualifying circumstances, they cannot be offset by generic

mitigating circumstances.

This article will not apply to the special complex crimes of

robbery w/ homicide, w/ rape, or w/ serious physical injuries under
paragraph 1 of Art. 263.

occasion or by reason of the robbery.

It cannot be offset by a generic mitigating circumstance.

The intimidation with the use of firearm qualifies only robbery on a
street, road, highway, or alley.

Execution Of Deeds By Means Of Violence Or Intimidation

ART.298

Definition Of A Band And Penalty Incurred By Members Thereof

ART.296
ARTICLE 296. Definition of a Band and Penalty Incurred by the Members
Thereof . When more than three armed malefactors take part in the
commission of a robbery, it shall be deemed to have been committed by a
band (cuadrilla).
Any member of a band who is present at the commission of a robbery in an
uninhabited place and by a band, shall be punished as principal of any of the
assaults committed by the band, unless it be shown that he attempted to
prevent the same.

When at least four armed malefactors take part in the commission of

a robbery, it is deemed committed by a band.
Requisites for liability for the acts of the other members of the band:
1. That the accused was a member of the band;
2. That he was present at the commission of a robbery by that band;
3. That the other members of the band committed an assault; and
4. That he did not attempt to prevent the assault.
Conspiracy is presumed when 4 or more armed persons committed
robbery.

ARTICLE 298. Execution of deeds by means of violence or intimidation. Any

person who, with intent to defraud another, by means of violence or
intimidation, shall compel him to sign, execute or deliver any public
instrument or document, shall be held guilty of robbery and punished by the
penalties respectively prescribed in this Chapter.

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

In robbery committed by a band, all are liable for any assault

committed by the band, unless the others attempted to prevent the
assault.

SECTION TWO
Robbery by the Use of Force Upon Things

There is no crime as robbery with homicide in band. Band is only

ordinary aggravating circumstance in robbery w/ homicide
People V. Apduhan
1. In order that special aggravating circumstance of unlicensed
firearm be appreciated it is condition sine qua non that offense
charged be robbery by a band under Art 295.
2. Pursuant to Art 295, the circumstance of a band is qualifying only
in robbery under par 3, 4 &5 of Art 294. Thus Art. 295 does not
apply to robbery with homicide, or robbery with rape, or robbery
with serious physical injuries under par. 1 of Art. 263.
3. So special aggravating circumstance of unlicensed firearm is
inapplicable to robbery w/ homicide robbery with rape, or robbery
with physical injuries, committed by a band

Attempted Or Frustrated Robbery With Homicide

ART.297
ARTICLE 297. Attempted and Frustrated Robbery Committed Under Certain
Circumstances. When by reason or on occasion of an attempted or
frustrated robbery a homicide is committed the person guilty of such offenses
shall be punished by reclusin temporal in its maximum period to reclusin
perpetua, unless the homicide committed shall deserve a higher penalty under
the provisions of this Code.

Same penalty, whether robbery is attempted or frustrated, as long

is homicide is committed by reason or on occasion thereof.
Where the offense is attempted or frustrated robbery with serious
physical injuries, Art. 48 (complex crimes) is applicable.
Homicide - includes multiple homicides, murder, parricide, or even
infanticide.
The penalty is the same, whether robbery is attempted or frustrated.
Robbery with homicide and attempted or frustrated robbery with
homicide are special complex crimes, not governed by Art. 48, but
by the special provisions of Arts. 294 & 297, respectively.
There is only one crime of attempted robbery with homicide even
if slight physical injuries were inflicted on other persons on the

Robbery In An Inhabited House Or Public Building Or Edifice Devoted To

Worship
ART.299
ARTICLE 299. Robbery in an Inhabited House or Public Building or Edifice
Devoted to Worship. Any armed person who shall commit robbery in an
inhabited house or public building or edifice devoted to religious worship,
shall be punished by prisin mayor in its medium period to reclusin temporal
in its minimum period, if the value of the property taken shall exceed 250
pesos, and if
(a) The malefactors shall enter the house or building in which the robbery was
committed, by any of the following means:
1. Through an opening not intended for entrance or egress;
2. By breaking any wall, roof, or floor or breaking any door or window;
3. By using false keys, picklocks or similar tools;
4. By using any fictitious name or pretending the exercise of public authority;
or if
(b) The robbery be committed under any of the following circumstances:
1. By the breaking of doors, wardrobes, chests, or any other kind of locked or
sealed furniture or receptacle;
2. By taking such furniture or objects away to be broken or forced open
outside the place of the robbery.
When the offenders do not carry arms, and the value of the property taken
exceeds 250 pesos, the penalty next lower in degree shall be imposed.
The same rule shall be applied when the offenders are armed, but the value of
the property taken does not exceed 250 pesos.
When said offenders do not carry arms and the value of the property taken
does not exceed 250 pesos, they shall suffer the penalty prescribed in the two
next preceding paragraphs, in its minimum period.
If the robbery be committed in one of the dependencies of an inhabited house,
public building, or building dedicated to religious worship, the penalties next
lower in degree than those prescribed in this article shall be imposed.

ELEMENTS of robbery with force upon things under

subdivision (a):
1. That the offender entered
(a) an inhabited house, or
(b) public building, or
(c) edifice devoted to religious worship;
2. That the entrance was effected by any of the following means:
a. Through an opening not intended for entrance or egress,
b. By breaking any wall, roof, or floor or breaking any door or

window,
c. By using false keys, picklocks or similar tools, or
d. By using any fictitious name or pretending the exercise of public
authority; and
3. That once inside the building, the offender took personal property
belonging to another with intent to gain.
Inhabited house is any shelter, ship or vessel constituting the
dwelling of one or more person even though temporarily absent
therefrom when robbery is committed. It includes dependencies,
courts, corals, barns, etc. It does not include orchards and lands for
cultivation.
Public building - every building owned by the Government or
belonging to a private person but used or rented by the Government,
although temporarily unoccupied by the same.
Breaking - means entering the building. The force used in this means
must be actual, as distinguished from that in the other means which
is only constructive force.
In robbery by use of force upon things, it is necessary that offender
enters the building or where object may be found. When there was
no entry, no robbery was committed.
Whole body must be inside the house, public building or place
devoted to worship to constitute entering.
Passing through an open door but getting out of a window is not
robbery but theft.
To constitute robbery, the outside door must be broken or smashed.
If the lock was merely removed or door was merely pushed, crime is
only theft.
False keys are genuine keys stolen from the owner or any keys other
than those intended by the owner for use in the lock w/c was forcibly
opened by the offender.
Picklocks are those specially adopted for commission of the robbery.
The key must have been stolen not by force. Otherwise, its robbery
by violence and intimidation against persons.

In entering the building, the offender must have an intention to take

personal property Public building includes every building owned,
rented or used by the government although owned by private
persons or temporarily vacant.
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.

Robbery In An Uninhabited Place By A Band

ART.300
ARTICLE 300. Robbery in an Uninhabited Place and by a Band. The robbery
mentioned in the next preceding article, if committed in an uninhabited place
and by a band, shall be punished by the maximum period of the penalty
provided therefor.

Robbery in an inhabited house, public building or edifice devoted to

religious worship is qualified when committed by a band and in an
uninhabited place.
Robbery in an inhabited house, public building or edifice to religious
worship is qualified when committed by a band and located in an
uninhabited place.
To qualify Robbery w/ force upon things (Art 299):
It must be committed in uninhabited place AND by a band (Art 300)
To qualify Robbery with violence against or intimidation:
It must be committed in an uninhabited place OR by a band (Art.
295)

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.

What Is An Inhabited House, Public Building Or Building dedicated To

Religious Worship And Their Dependencies

Exception: If the room is a separate dwelling place, crime is robbery.

ART.301

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
People vs. Tayag

ARTICLE 301. What is an Inhabited House, Public Building or Building

Dedicated to Religious Worship and Their Dependencies. Inhabited house
means any shelter, ship or vessel constituting the dwelling of one or more
persons, even though the inhabitants thereof shall temporarily be absent
therefrom when the robbery is committed.
All interior courts, corrals, warehouses, granaries, barns, coach-houses,
stables or other departments or inclosed places contiguous to the building or
edifice, having an interior entrance connected therewith, and which form part
of the whole, shall be deemed dependencies of an inhabited house, public
building or building dedicated to religious worship.
Orchards and other lands used for cultivation or production are not included
in the terms of the next preceding paragraph, even if closed, contiguous to the
building and having direct connection therewith.
The term public building includes every building owned by the Government
or belonging to a private person but used or rented by the Government,
although temporarily unoccupied by the same.

Dependencies of an inhabited house, public building or building

dedicated to religious worship are all interior courts, corrals,
warehouses, granaries or enclosed places:
1. contiguous to the building, having an interior entrance connected
therewith, and
2. forming part of the whole.
A garage, in order to be considered as a dependency of a house,
must have the 3 foregoing requirements.
The place is still inhabited even if the occupant was absent.
Dependencies - all interior courts, corrals, warehouses, granaries
or in closed places contiguous to the building or edifice, having
an interior entrance connected therewith, and which form part of
the whole (Art.301, par. 2).
Requisites:
1. Must be contiguous to the building;
2. Must have an interior entrance connected therewith;
3. Must form part of the whole.

Orchards and lands used for cultivation or production are not

included in the term dependencies (Art. 301, par. 3).

Robbery In An Uninhabited Place Or In A Private building

ART.302
ARTICLE 302. Robbery in an Uninhabited Place or in a Private Building. Any
robbery committed in an uninhabited place or in a building other than those
mentioned in the first paragraph of article 299, if the value of the property
taken exceeds 250 pesos, shall be punished by prisin correccional in its
medium and maximum periods provided that any of the following
circumstances is present:
1. If the entrance has been effected through any opening not intended for
entrance or egress.
2. If any wall, roof, floor or outside door or window has been broken.
3. If the entrance has been effected through the use of false keys, picklocks or
other similar tools.
4. If any door, wardrobe, chest, or any sealed or closed furniture or receptacle
has been broken.
5. If any closed or sealed receptacle, as mentioned in the preceding paragraph,
has been removed, even if the same be broken open elsewhere.
When the value of the property taken does not exceed 250 pesos, the penalty
next lower in degree shall be imposed.
In the cases specified in articles 294, 295, 297, 299, 300, and 302 of this Code,
when the property taken is large cattle, the offender shall suffer the penalties
next higher in degree than those provided in said articles.

ELEMENTS:
1. That the offender entered an uninhabited place or a building which
was not a dwelling house, not a public building, or not an edifice
devoted to religious worship;
2. That any of the following circumstances was present:
a. That entrance was effected through an opening not intended for
entrance or egress,
b. A wall, roof, floor, or outside door or window was broken,
c. The entrance was effected through the use of false keys,
picklocks or other similar tools,
d. A door, wardrobe, chest, or any sealed or closed furniture or
receptacle was broken; or
e. A closed or sealed receptacle was removed, even if the same be
broken open elsewhere; and
3. That with intent to gain, the offender took therefrom personal
property belonging to another.
This article covers the second kind of robbery with force upon things.
Uninhabited place under this article is an uninhabited building w/c
is not a dwelling house, public building, or edifice for worship.
Ex. warehouse, freight car, store.
Robbery under this article is committed in the same manner as in
Art. 299 (Robbery in inhabited house, public building, and edifice
devoted to religious worship) except that what was entered into was
an uninhabited place or a bldg. other than the 3 mentioned in
Art. 299. The use of fictitious name or pretending the exercise of
public authority is not also included in this article.
The breaking of padlock but not of the door is only theft.
Building - includes any kind of structure used for storage or
safekeeping of personal property, such as (a) freight car ad
(b) warehouse.
Entrance through an opening not intended for entrance or egress
is not necessary, if there is breaking of wardrobe, chest, or
sealed or closed furniture or receptacle, or removal thereof to be
broken open elsewhere.
Breaking padlock is use of force upon things.
Use of fictitious name or pretending the exercise of public
authorities is not covered under this article.

Robbery Of Cereals, Fruits, Or Firewood In An Uninhabited Place Or

Private Building
ART.303
ARTICLE 303. Robbery of Cereals, Fruits, or Firewood in an Uninhabited Place
or Private Building. In the cases enumerated in articles 299 and 302, when
the robbery consists in the taking of cereals, fruits, or firewood, the culprit
shall suffer the penalty next lower in degree than that prescribed in said
articles.

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
The palay must be kept by the owner as seedling or taken
for that purpose by the robbers.

Illegal Possession Of Picklocks Or Similar Tools

ART.304
ARTICLE 304. Possession of Picklocks or Similar Tools. Any person who
shall without lawful cause have in his possession picklocks or similar tools
especially adapted to the commission of the crime of robbery, shall be
punished by arresto mayor in its maximum period to prisin correccional in its
minimum period.
The same penalty shall be imposed upon any person who shall make such
tools. If the offender be a locksmith, he shall suffer the penalty of prisin
correccional in its medium and maximum periods.

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.

The receptacle must be closed or sealed.

Penalty is based only on value of property taken.

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.

FALSE KEYS include:

1. picklocks or similar tools,
2. genuine keys stolen from the owner; and
3. any key other than those intended by owner for use in the lock
forcibly opened by the offender.
Possession of false keys in paragraphs (1) and (2) above is not
punishable.
If the key was entrusted to the offender and he used it to steal,
crime is not robbery but theft.

CHAPTER TWO
Brigandage

Who Are Brigands: Penalty

ART.306
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.

forces of the United States Army, when the latter are acting in aid of the
Government, or acquiring or receiving the property taken by such brigands,
shall be punished by prisin correccional in its medium period to prisin
mayor in its minimum period.
It shall be presumed that the person performing any of the acts provided in
this article has performed them knowingly, unless the contrary is proven.

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.

There is brigandage when

1. at least four armed persons,
2. band of robbers, and
3. their purpose is any of the ff:
a. Robbery in the highway
b. Kidnapping for extortion or ransom
c. Any other purpose to be obtained by means of force and
violence.
Presumption of law as to brigandage: all are presumed highway
robbers or brigands, if any of them carries unlicensed firearm.
The arms carried may be any deadly weapon.

CHAPTER THREE
Theft

The main object of the law is to prevent the formation of band of

robbers.
The term highway includes city streets.
The following must be proved:
1. That there is an organization of more than 3 armed persons
forming a band of robbers
2. That the purpose of the band is any of those enumerated in Art.
306.
3. That they went upon the highway or roamed upon the country for
that purpose.
4. That the accused is a member of such band.

Aiding And Abetting A Band Of Brigands

ART.307
ARTICLE 307. Aiding and Abetting a Band of Brigands. Any person
knowingly and in any manner aiding, abetting or protecting a band of brigands
as described in the next preceding article, or giving them information of the
movements of the police or other peace officers of the Government or of the

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.
PERSONS LIABLE FOR THEFT:
1. Those who:
a. with intent to gain,
b. but w/o violence against or intimidation of persons nor force
upon things
c. take
d. personal property
e. of another
f. w/o the latters consent.
2. Those who:
a. having found lost property,
b. fail to deliver the same to the local authorities or its owner.
Retention of money/property found is theft. What is punished is
retention or failure to return with intent to gain.
The offenders knowledge of the identity of the owner of the property
is not required. His knowledge that the property is lost is enough.
The finder of the lost property is liable for his deliberate failure to
return the lost property, he knowing that the property does not
belong to him.
3. Those who:
a. after having maliciously damaged the property of another,
b. remove or make use of the fruits or object of the damage
caused by them.
Killing the cattle of another which destroyed his (offenders) property
and getting meat for himself is theft.
4. Those who hunting, fishing or gathering fruits, etc. in enclosed
estate
ELEMENTS(Par. 3 of Art 308):
1. That there is an enclosed estate or a field where trespass is
forbidden or which belongs to another;
2. That the offender enters the same;
3. That the offender hunts or fishes upon the same or gathers fruits,
cereals or other forest or farm products in the estate or field; and
4. That the hunting or fishing or gathering of products is without the

consent of the owner.

The fishing in this article is not in the fishpond or fishery. If the fish
is taken from a fishpond or a fishery, the crime is qualified theft.
Valenzuela v. People (June 2007)
There is no frustrated theft because of the definition of theft in
Art 308. The offender has either complete control of the property
(consummated) or without (attempted)
There is taking even if the offender received the thing from the
offended party.
If juridical possession of thing was transferred as opposed to
physical possession and thing was appropriated the crime is ESTAFA
not theft
Selling share of a partner or co-owner is not theft.
Employee is not the owner of separation pay which is not actually
delivered to him.
Actual or real gain is not necessary in theft. The consent
contemplated in the element of theft refers to consent freely given
and not mere lack of opposition by owner of the property taken.
It is not robbery when violence is for a reason entirely foreign to the
fact of taking.
People v. Gulinao
1. Gulinao shot Dr. Chua & left. Then he went back & took Dr. Chuas
diamond ring.
2. The crime was Theft and not robbery as the taking of the ring was
just an afterthought.
Violence used in killing Dr. Chua had no bearing on the taking
of the ring.
One in possession of part of recently stolen property is presumed
to be thief of all.
Lost property - embraces loss by stealing or by act of he owner or by
a person other than the owner, or through some casual occurrence.

Penalties For Theft

ART.309
ARTICLE 309. Penalties. Any person guilty of theft shall be punished by:
1. The penalty of prisin mayor in its minimum and medium periods, if the
value of the thing stolen is more than 12,000 pesos but does not exceed 22,000
pesos; but if the value of the thing stolen exceeds the latter amount, the
penalty shall be the maximum period of the one prescribed in this paragraph,
and one year for each additional ten thousand pesos, but the total of the
penalty which may be imposed shall not exceed twenty years. In such cases,
and in connection with the accessory penalties which may be imposed and for
the purpose of the other provisions of this Code, the penalty shall be termed
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.

The basis of the penalty in theft is:

(1) the value of the thing stolen, and in some cases,
(2) the value and also the nature of the property taken, or
(3) the circumstances or causes that impelled the culprit to
commit the crime.
If there is no evidence of the value of the property stolen, the court
should impose the minimum penalty corresponding to theft involving

the value of P5.00. The court may also take judicial notice of its
value in the proper cases.

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 of property of the National Museum and National Library has

a fixed penalty regardless of its value. But if it was with grave
abuse of confidence, the penalty for qualified theft shall be imposed.
PD 704 ILLEGAL FISHING
Prima facie presumption of illegal fishing when:
1) Explosive, obnoxious or poisonous substance or equipment or
device for electric fishing are found in the fishing boat or in the
possession of fisherman; or
2) When fish caught with the use of explosives, obnoxious or
poisonous substances or by electricity are found in a fishing boat
PD 533 ANTI-CATTLE RUSTLING LAW
Cattle rustling: taking away by means, methods or schemes, without
the consent of the owner/raiser, of any large cattle whether or not
for profit, or whether committed with or without violence against or
intimidation of person or force upon things. It includes killing of
large cattle, taking its meat or hide without the consent of
owner/raiser.
Large cattle: include cow, carabao, horse, mule, ass, other
domesticated member of bovine family. A goat is not included
because it is not large
Presumption: Every person in possession of large cattle shall upon
demand by competent authorities exhibit required documents.
Failure to do so is prima facie evidence that large cattle in
possession are fruits of crime of cattle rustling
Killing of owner is absorbed in cattle rustling

CHAPTER FOUR
Usurpation

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
When a PUV in boundary system entrusted to the offender is sold
to another, the crime is theft. On the other hand, if the motor vehicle
is not used for public utility in boundary system but under contract
of lease, the crime is estafa.
The penalty for qualified theft is 2 degrees higher.
Theft by domestic servant is always qualified. Theres no need
to prove grave abuse of discretion.
The abuse of confidence must be grave. There must be allegation
in the information and proof of a relation, by reason of dependence,
guardianship or vigilance, between the accused and the offended
party, that has created a high degree of confidence between them,
which the accused abused.
Theft of any material, spare part, product or article by employees
and laborers is heavily punished under PD 133.
Motor vehicle: all vehicles propelled by power, other than muscular
power.
When the purpose of taking the car is to destroy by burning it,
the crime is arson.
If a private individual took a letter containing postal money order
it is qualified theft. If it was the postmaster, to whom the letter
was delivered, the crime would be infidelity in the custody of
documents.

Occupation Of Real Property Or Usurpation Of Real Rights In Property

ART.312
ARTICLE 312. Occupation of Real Property or Usurpation of Real Rights in
Property. Any person who, by means of violence against or intimidation of
persons, shall take possession of any real property or shall usurp any real
rights in property belonging to another, in addition to the penalty incurred for
the acts of violence executed by him, shall be punished by a fine of from 50 to
100 per centum of the gain which he shall have obtained, but not less than 75
pesos.
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.

Theft Of Property Of The National Library And National Museum

Criminal action for usurpation of real property is not a bar to civil

action for forcible entry.

ART.311

RA 947
Punishes entering or occupying public agricultural land including
lands granted to private individuals.

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.

Theft of property on National Library and Museum has a fixed

penalty regardless of its value.

Altering Boundaries Or Landmarks

ART.313
ARTICLE 313. Altering Boundaries or Landmarks. Any person who shall
alter the boundary marks or monuments of towns, provinces, or estates, or
any other marks intended to designate the boundaries of the same, shall be
punished by arresto menor or a fine not exceeding 100 pesos, or both.

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.

Chapter Five
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;
2. Absconds with his property; and
3. Prejudice to his creditors.
Actual prejudice to the creditors is required.
Actual prejudice, not intention alone, is required. Even if the debtor
disposes of his property, unless it is shown that it has actually
prejudiced his creditor, conviction will not lie.
Fraudulent concealment of property is not sufficient if the debtor
has some property with which to satisfy his obligation.
Abscond: does not require that the debtor should depart and
physically conceal his property. Real property could be the
subject matter of Art. 314.

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.
(c) By removing, concealing or destroying, in whole or in part, any court
record, office files, document or any other papers.

ELEMENTS OF ESTAFA IN GENERAL:

1. Defrauded another
(a) by abuse of confidence, or
(b) by means of deceit; and
2. That damage or prejudice capable of pecuniary estimation
is caused to the offended party or third person.
3 Ways Of Committing Estafa With Abuse Of Confidence Under
Art. 315 Par. (B):
1. By misappropriating the thing received.
2. By converting the thing received.
3. By denying that the thing was received.

The person prejudiced must be creditor of the offender.

Art 314 - No need to have defendant adjudged bankrupt or
insolvent.
Insolvency law - Crime should be committed after the institution of
insolvency proceedings.
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

Estafa

Other Forms Of Swindling

ART.316
ARTICLE 316. Other Forms of Swindling. The penalty of arresto mayor in its
minimum and medium periods and a fine of not less than the value of the
damage caused and not more than three times such value, shall be imposed
upon:
1. Any person who, pretending to be the owner of any real property, shall
convey, sell, encumber or mortgage the same.
2. Any person who, knowing that real property is encumbered, shall dispose of
the same, although such encumbrance be not recorded.
3. The owner of any personal property who shall wrongfully take it from its
lawful possessor, to the prejudice of the latter or any third person.
4. Any person who, to the prejudice of another, shall execute any fictitious
contract.
5. Any person who shall accept any compensation given him under the belief
that it was in payment of services rendered or labor performed by him, when in
fact he did not actually perform such services or labor.
6. Any person who, while being a surety in a bond given in a criminal or civil
action, without express authority from the court or before the cancellation of
his bond or before being relieved from the obligation contracted by him, shall
sell, mortgage, or, in any other manner, encumber the real property or
properties with which he guaranteed the fulfillment of such obligation.

1. Any person who, pretending to be owner of any real property,

shall convey, sell, encumber or mortgage the same.
2. Any person, who, knowing that real property is encumbered, shall
dispose of the same, although such encumbrance be not recorded.
3. The owner of any personal property who shall wrongfully take it
from its lawful possessor, to the prejudice of the latter or any third
person.
4. Any person who, to the prejudice of another, shall execute any
fictitious contract.
5. Any person who shall accept any compensation given him under
the belief that it was in payment of services rendered or labor
performed by him, when in fact he did not actually perform such
services or labor.
6. Any person who, while being a surety in a bond given in a criminal
or civil action, without express authority from the court or before the
cancellation of his bond or before being relieved from the obligation
contracted by him, shall sell, mortgage, or, in any other manner,
encumber the real property or properties with which he guaranteed
the fulfillment of such obligation.
ELEMENTS OF SWINDLING BY CONVEYING, SELLING,
ENCUMBERING, OR MORTGAGING ANY REAL PROPERTY,
PRETENDING TO BE THE OWNER OF THE SAME:
1. That the thing be immovable, such as a parcel of land or a
building;
2. That the offender, who is not the owner of said property,
represented that he is the owner thereof;
3. That the offender should have executed an act of ownership
(selling, leasing, encumbering or mortgaging the real property).
4. That the act be made to the prejudice of the owner or a third
person.
ESTAFA
1. Private individual was entrusted
2. Intent to defraud

INFIDELITY IN THE CUSTODY

OF DOCUMENTS
1. Public Officer Entrusted
2. No Intent to defraud

The thing disposed of must be real property. If its chattel, crime is

Estafa.
Even if the deceit is practiced against the second purchaser but
damage is incurred by the first purchaser, there is violation of par.1
of Art. 316.
Since the penalty is based on the value of the damage there must
be actual damage caused.
ELEMENTS of SWINDLING BY DISPOSING OF REAL PROPERTY
AS FREE FROM ENCUMBRANCE, ALTHOUGH SUCH
ENCUMBRANCE BE NOT RECORDED:
1. That the thing disposed of be real property;
2. That the offender knew that the real property was encumbered,
whether the encumbrance is recorded or not.
3. That there must be express representation by the offender that
the real property is free from encumbrance; and
4. That the act of disposing of the real property be made to the
damage of another.
Encumbrance: includes every right or interest in the land which
exists in favor of third persons.
The offended party would not have granted the loan had he known
that the property was already encumbered.
When the loan had already been granted when defendant offered the
property as security for the loan, Art. 316 par. 2 is not applicable.
Usurious loan with equitable mortgage is not an encumbrance on the
property.

There must be damage caused. It is not necessary that act prejudice

the owner of the land.
ELEMENTS of SWINDLING BY WRONGFULLY TAKING BY THE
OWNER HIS PERSONAL FROM ITS LAWFUL POSSESSOR:
1. That the offender is the owner of personal property;
2. That said personal property is in the lawful possession of another;
3. That the offender wrongfully takes it from its lawful possessor;and
4. That prejudice is thereby caused to the possessor or third person.
US vs Albao
If the owner took the personal property from its lawful possessor
without the latters knowledge and later charged him with the value
of the property, the crime is theft
If the thing is taken by means of violence, without intent to gain, it
is not estafa, but grave coercion.
BY EXECUTING ANY FICTITIOUS CONTRACT TO THE
PREJUDICE OF ANOTHER
Illustration:
A person who simulates a conveyance of his property to another, to
defraud his creditors. If the conveyance is real and not simulated,
the crime is fraudulent insolvency.
BY ACCEPTING ANY COMPENSATION FOR SERVICES NOT
RENDERED OR FOR LABOR NOT PERFORMED
Elements:
1. Accepting a compensation given to accused for service not
rendered
2. Malicious failure to return the compensation wrongfully
received (fraud)
There must be fraud otherwise it will only be solution indebiti, with
civil obligation to return the wrong payment.
If the money in payment of a debt was delivered to a wrong person,
Art. 316 par 5 is not applicable, in case the person who received it
later refused or failed to return it to the owner of the money. Art.
315 subdivision 1(b) is applicable.
ELEMENTS of SWINDLING BY SELLING, MORTGAGING OR
ENCUMBERING REAL PROPERTY OR PROPERTIES WITH
WHICH THE OFFENDER GUARANTEED THE FULFILLMENT OF
HIS OBLIGATION AS SURETY:
1. That the offender is a surety in a bond given in a criminal
or civil action;
2. That he guaranteed the fulfillment of such obligation with
his real property or properties;
3. That he sells, mortgages, or, in any other manner encumbers
said real property;
4. That such sale, mortgage or encumbrance is
(a) without express authority from the court, or
(b) made before the cancellation of his bond, or
(c) before being relieved from the obligation contracted by him.

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

property is due to change of residence.

ART.318

If the mortgagee opted to file for collection, not foreclosure,

abandoning the mortgage as basis for relief, the removal of property
to another province is not a violation of Art 319 par1

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.

OTHER DECEITS ARE:

1. By defrauding or damaging another by any other deceit not
mentioned in preceding articles; and
2. By interpreting dreams, making forecasts, fortune-telling, or by
taking advantage of the credulity of the public in any other similar
manner for profit or gain.
Any other kind of conceivable deceit may fall under this article. As in
other cases of estafa, damage to the offended party is required.
The deceits in this article include false pretenses and
fraudulent acts.
CHAPTER SEVEN
Chattel Mortgage

Removal. Sale Or Pledge Of Mortgaged Property

ARTICLE 319

ARTICLE 319. Removal, Sale or Pledge of Mortgaged Property. The penalty

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.

ELEMENTS of SELLING OR PLEDGING PERSONAL PROPERTY

ALREADY PLEDGED:
1. That personal property is already pledged under the terms of the
Chattel Mortgage Law;
2. That the offender, who is the mortgagor of such property, sells or
pledges the same or any part thereof; and
3. That there is no consent of the mortgagee written on the back of
the mortgage and noted on the record thereof in the office of the
register of deeds.
ELEMENTS of KNOWINGLY REMOVING MORTGAGED PERSONAL
PROPERTY:
1. That personal property is mortgaged under the Chattel Mortgage
Law;
2. That the offender knows that such property is so mortgaged;
3. That he removes such mortgaged personal to any province or city
other than the one in which it was located at the time of the
execution of the mortgage;
4. That the removal is permanent; and
5. That there is no written consent of the mortgagee or his
executors, administrator or assignees to such removal.
The object of the Chattel Mortgage Law is to give the necessary
sanction to the statute, so that mortgage debtors may be deterred
from violating its provisions and mortgage creditors may be
protected against loss of inconvenience from wrongful removal or
sale of mortgaged property.
Chattel mortgage must be valid and subsisting. If chattel mortgage
does not contain an affidavit of good faith and is not registered, it is
void and cannot be prosecuted under Art 319
A person other than the mortgagor who removed the property to
another province, knowing it to be mortgaged, may be liable.
The removal of the mortgaged personal property must be coupled
with intent to defraud. No felonious intent if transfer of personal

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.

creditors
6. Arsenal/Military/General Museum
7. Inhabited Place
SECTION 6 OF PD 1613: PRIMA FACIE EVIDENCE OF GUILT
1. If the fire started simultaneously in more than one part of the
building or establishment
2. If substantial amount of flammable substances or materials are
stored within the building not of the offender nor for household use
3. If gasoline, kerosene, petroleum or other flammable or
combustible substances or materials soaked therewith or containers
thereof, or any mechanical, electrical, chemical, or electronic
contrivance designed to start a fire, or ashes or traces of any of the
foregoing are found in the ruins or premises of the burned building
or property
4. If the building or property is insured for substantially more than
its actual value at the time of the issuance of this policy
5. If during the lifetime of the corresponding fire insurance policy
more than two fires have occurred in the same or other premises
owned or under control of the offender and/or insured
6. If shortly before the fire, a substantial portion of the effects
insured and stored in a building or property had been withdrawn
from the premises except in the ordinary course of business
7. If a demand for money or other valuable consideration was made
before the fire in exchange for the desistance of the offender or for
the safety of the person or property of the victim

CHAPTER NINE
Malicious Mischief

Arson is the malicious destruction of property by fire.

Arson committed by any person who burns or sets fire to the
property of another or to his own property under circumstances
which expose to danger the life or property of another.

Malicious Mischief

Attempted: Ex. Rags in gasoline,

ART.327

Consummated: If any part of building burned

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.

Frustrated:there is fire, but no part of house burned

THREE KINDS OF ARSON:
1. Arson
2. Destructive arson; and
3. Other cases of arson.

A. ELEMENTS of CRIME INVOLVING DESTRUCTION:

1. That the offender causes destruction of the property; and
2. That the destruction was done by means of:
a. explosion,
b. discharge of electric current,
c. inundation,
d. sinking or stranding of a vessel,
e. damaging the engine of the vessel,
f. taking up rails from the railway track,
g. destroying telegraph wires and posts or those of any other
system, or
h. other similar effective means of destruction.
B. ELEMENTS of BURNING ONES PROPERTY AS A MEANS TO
COMMIT ARSON:
1. That the offender set fire to or destroyed his own property;
2. That the purpose of the offender in doing so was to commit
arson or to cause a great destruction; and
3. That the property belonging to another was burned or destroyed.
C. ELEMENTS of ARSON:
1. That the property burned is the exclusive property of the
offender; and
2. That
(a) the purpose of the offender is burning it is to defraud
or cause damage to another, or
(b) prejudice is actually caused, or
(c) the thing burned is a building in an inhabited place.
Special aggravating circumstances in arson:
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner
or occupant of the property burned; or
4. If committed by a syndicate.
DESTRUCTIVE ARSON:
The penalty of reclusion temporal in its maximum period to reclusion
perpetua shall be imposed upon any person who shall burn:
1. Building or Edifice
2. Building Open to Public
3. Train, Locomotive, Ship or Vessel for transportation, public use,
leisure, entertainment
4. Building, factory, warehouse for service of Public Utilities
5. Building to conceal evidence, conceal bankruptcy, defraud

Who are liable for Malicious Mischief

ELEMENTS:
1. That the offender deliberately caused damage to the property of
another;
2. That such act does not constitute arson or other crimes involving
destruction; and
3. That the act damaging anothers property be committed merely
for the sake of damaging it.
MALICIOUS MISCHIEF: willful damaging of anothers property for
the sake of causing damage due to hate, revenge or other evil
motive
Malicious mischief cannot be committed through negligence because
the offender acts with a specific desire to inflict injury to another.
If there is no malice in causing injury, the offender incurs only
civil liability.
Damage caused may also be a diminution in value of the property.
But if the offender used the property after causing damage to it, the
crime is theft.
Damage in malicious mischief must not result from a crime.
(Ex. Breaking windows during robbery is not malicious mischief.)
A person charged with malicious mischief may be found guilty of
damage to property through reckless imprudence
VALEROSO vs. PEOPLE G.R. No. 149718. 0/29/03
The elements of the crime of malicious mischief under Article 327
of the Revised Penal Code are:
(1) That the offender deliberately caused damage to the property
of another;
(2) That such act does not constitute arson or other crimes involving
destruction;
(3) That the act of damaging another's property be committed
merely for the sake of damaging it.
As to the third element, petitioner was not justified in summarily and
extra judicially demolishing private complainant's structure. As it is,
the petitioner proceeded proceeded not so much to safeguard the lot
as it is the vent to his anger and disgust over the no tresspassing
sign he placed thereon. Indeed, his act of summarily demolishing the
house smacks of his pleasure in causing damage to it.

Special Cases Of Malicious Mischief

ART.328
ARTICLE 328. Special Cases of Malicious Mischief . Any person who shall
cause damage to obstruct the performance of public functions, or using any
poisonous or corrosive substance; or spreading any infection or contagion
among cattle; or who causes damage to the property of the National Museum
or National Library, or to any archive or registry, waterworks, road,
promenade, or any other thing used in common by the public, shall be
punished:
1. By prisin correccional in its minimum and medium periods, if the value of
the damage caused exceeds 1,000 pesos;
2. By arresto mayor, if such value does not exceed the abovementioned
amount but is over 200 pesos; and
3. By arresto menor, if such value does not exceed 200 pesos.

CASES OF QUALIFIED MALICIOUS MISCHIEF:

1. Causing damage to obstruct performance of public functions.
2. Using poisonous or corrosive substance.
3. Spreading infection or contagion among cattle.
4. Damage to property of National Museum or National Library,
archive, registry, waterworks, road, promenade, or any other thing
used in common by the public.

Art. 330 is not applicable when the damaged telegraph/phone lines

do not pertain to a railway system. Hence, cutting telephone lines or
those for transmission of electric power/light not pertaining to
railways is not covered by this article.
If people are killed as a result of the damage caused and the
offender had no intent to kill, the crime is damages to means of
communication with homicide. If there is intent to kill and damaging
the railways was the means to accomplish the criminal purpose, the
crime is murder.
If the damage shall result in any derailment of cars, collision or other
accident, a higher penalty shall be imposed.
Derailment of cars should not have been purposely sought for
Question. When as a result of the damage caused to railway, certain
passengers of the train are killed:
Ans.: It depends. Art. 330 says without prejudice to the
criminal liability of the offender for other consequences of his
criminal act. If there is no intent to kill, the crime is damages to
means to means of communication with homicide because of the
first paragraph of Art. 4 and Art. 48. If there is intent to kill, and
damaging the railways was the means to accomplish the criminal
purpose, the crime is murder

Qualified malicious mischief is different from sedition because the

element of tumultuous uprising is not present in the former crime.

Persons Exempt From Criminal Liability In Crimes Against Property

Other Mischiefs
ART.329
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.

ART.331. DESTROYING OR DAMAGING STATUES, PUBLIC

MONUMENTS OR PAINTINGS
ARTICLE 331. Destroying or Damaging Statues, Public Monuments or
Paintings. Any person who shall destroy or damage statues or any other
useful or ornamental public monument, shall suffer the penalty of arresto
mayor in its medium period to prisin correccional in its minimum period.
Any person who shall destroy or damage any useful or ornamental painting of
a public nature shall suffer the penalty of arresto menor or a fine not
exceeding 200 pesos, or both such fine and imprisonment, in the discretion of
the court.

The penalty is lower if the thing destroyed is a public painting, rather

than a public monument.

Mischiefs not included in Art. 328 are punished according to the

value of the damage caused.
Ex. scattering human excrement in public building, killing
of cow as an act of revenge, A servant who released bird
from cage as act of hate against owner
If the amount involved cannot be estimated, the penalty of arresto
menor of fine not exceeding P200 is fixed by law.
People v Dumlao, 38 OG 3715:
When several persons scattered coconut remnants which contained
human excrement on the stairs and floor of the municipal building,
including its interior, the crime committed is malicious mischief
under Art. 329.

Damage And Obstruction To Means Of Communication

ART.330
ARTICLE 330. Damages and Obstruction to Means of Communication. The
penalty of prisin correccional in its medium and maximum periods shall be
imposed upon any person who shall damage any railway, telegraph or
telephone lines.
If the damage shall result in any derailment of cars, collision or other accident,
the penalty of prisin mayor shall be imposed, without prejudice to the
criminal liability of the offender for the other consequences of his criminal act.
For the purpose of the provisions of this article, the electric wires, traction
cables, signal system and other things pertaining to railways, shall be deemed
to constitute an integral part of a railway system.

CHAPTER TEN
Exemption from Criminal Liability in Crimes Against Property

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.

OFFENSES INVOLVED IN THE EXEMPTION:

1. Theft,
2. Swindling (estafa), and
3. Malicious mischief.
PERSONS EXEMPT FROM CRIMINAL LIABILITY:
1. Spouses, ascendants and descendants, or relatives by affinity in
the same line.
2. The widowed spouse with respect to the property w/c belonged
to the deceased spouse before the same passed into the possession
of another.
3. Brothers and sisters and brothers-in-law and sisters-in-law, if
living together.

This crime is done by damaging railways, telegraph or telephone

lines.

Only civil liability is incurred by the offenders who are exempt by law
from criminal liability.

Railway system includes electric wires, traction cables, signal

system, and other things pertaining to railways

Parties to the crime who are not related to the offended party still
remain criminally liable.

Removing rails from a railway track to cause destruction constitutes

crime involving destruction under Art. 324.

Law recognized presumed co-ownership of property between

offender and offended party

Persons exempt from criminal liability include:

1. stepfather/mother (ascendants by affinity)
2. adopted children (descendants)
3. concubine/paramour (spouse)
4. common-law spouse.
People v Alvarez, 52 Phil 65; People v Adame
- Stepfather and stepmother are included as ascendants by affinity.
An adopted or natural child should also be considered as included in
the term descendants and a concubine or paramour within the
term spouses.
Art. 144, CC; People v Constantino, CA, 60 OG 3605:
- Art. 332 applies to common-law spouses.

The proceedings may continue.

Pardon by the offended party to be effective must be granted to both
offenders before the institution of criminal proceedings.
Effect of consent:
People v. Sensano and Ramos
The husband, knowing that his wife, after serving sentence for
adultery, resumed living with her co-defendant, did nothing to
interfere with their relations or to assert his rights as husband.
The second charge of adultery should be dismissed because of
consent.
Agreement to separate
may be used as evidence to show consent by the husband to the
infidelity of his wife
Under the law, there is no accomplice in adultery.

TITLE ELEVEN
Crimes Against Chastity
CHAPTER ONE
Adultery and Concubinage

Concubinage
Art.334

Adultery
ART.333
ARTICLE 333. Who are Guilty of Adultery. Adultery is committed by any
married woman who shall have sexual intercourse with a man not her husband
and by the man who has carnal knowledge of her, knowing her to be married,
even if the marriage be subsequently declared void.
Adultery shall be punished by prisin correccional in its medium and
maximum periods.
If the person guilty of adultery committed this offense while being abandoned
without justification by the offended spouse, the penalty next lower in degree
than that provided in the next preceding paragraph shall be imposed.

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.
Acquittal of one of the defendants does not operate as a cause of
acquittal of the other.
Effect of death of paramour: Offending wife may still be
prosecuted. The requirement that both offenders should be included
in the complaint is absolute only when the two offenders are alive.
EFFECT OF PARDON:
The pardon must come before the institution of criminal prosecution.
Both the offenders must be pardoned by the offended party.
Act of intercourse subsequent to adulterous conduct is an implied
pardon.
Consent is a cause for dismissal of complaint.
Effect of death of offended party:

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.
CONJUGAL DWELLING means the home of the husband and wife
even if the wife happens to be temporarily absent on any account.
SCANDAL consists in any reprehensible word/deed that offends
public conscience, redounds to the detriment of the feelings of
honest persons, and gives occasion to the neighbors spiritual
damage and ruin.
COHABIT means to dwell together, in the manner of husband and
wife, for some period of time, as distinguished from occasional,
transient interviews for unlawful intercourse.
That woman must be taken into conjugal dwelling as a concubine
People in the vicinity are the best witnesses to prove scandalous
circumstances
Adultery is more severely punished than concubinage.
The woman becomes liable only when she knew him to be
married prior to the commission of the crime.

Acts of Lasciviousness
ART.336
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.

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

2 CLASSES OF QUALIFIED SEDUCTION:

1. Seduction of a virgin over 12 and under 18 years of age by certain
persons, such as a person in authority, priest, teacher, etc.; 2.
Seduction of a sister by her brother or descendant by her ascendant,
regardless of her age or reputation. (incestuous seduction)
SEDUCTION means the enticing a woman to unlawful sexual
intercourse by promise of marriage or other means of persuasion
without the use of force.
2 KINDS OF SEDUCTION:
1. qualified seduction
2. simple seduction.
ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN:
1. That the offended party is a virgin, which is presumed if she is
unmarried and of good reputation;
2. That she must be over 12 and under 18 years of age;
3. That the offender has sexual intercourse with her; and
4. That there is abuse of authority, confidence or relationship on the
part of the offender (person entrusted with education or custody of
victim; person in public authority, priest; servant).
PERSONS LIABLE:
1. Those who abuse their authority:
a. persons in public authority
b. guardian
c. teacher
d. person who, in any capacity, is entrusted w/ the education or
custody of the woman seduced
2. Those who abused the confidence reposed in them:
a. priest
b. house servant
c. domestic
3. Those who abused their relationship:
a. brother who seduced his sister
b. ascendant who seduced his descendant
The penalty for qualified seduction of a sister or descendant is higher
than qualified seduction of a virgin.
Deceit is not an element of qualified seduction.
Abuse of Confidence, acts punished because of character of person
committing the same, and excess of power or abuse of confidence.
Virginity: a woman of chaste character and of good reputation. The
offended party need not be physically a virgin.
Domestic: a person usually living under the same roof, pertaining to
the same house.
The offended party need not be a virgin physically virgin is a
virtuous woman of good reputation
Deceit is not an element of qualified seduction; it is an element of
simple seduction
Accused charged with rape cannot be convicted of qualified seduction
under the same information.
Qualified seduction of a sister or descendant, also known as INCEST,
is punished by a penalty next higher in degree. The age, reputation,
or virginity of the sister or descendant is irrelevant. The relationship
need not be legitimate.

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.

Not necessary that the offender be the teacher of the offended

party; it is sufficient that he is a teacher in the same school.
Seduction: enticing a woman to unlawful sexual intercourse by
promise of marriage or other means of persuasion without use of
force. It applies when there is abuse of authority (qualified
seduction) or deceit (simple seduction).
People v. Fontanilla
A 15-year old virgin, who was brought by her mother to the house of
the accused and his wife to serve as a helper, repeatedly yielded to
the carnal desires of the accused, as she was induced by his
promises of marriage and frightened by his acts of intimidation.
HELD: DECEIT, although an essential element of ordinary or simple
seduction, does not need to be proved or established in a charge of
qualified seduction. It is replaced by ABUSE OF CONFIDENCE.
Babanto v. Zosa
The accused, a policeman, brought a 13- year old girl with low
mentality, to the ABC Hall where he succeeded in having sexual
intercourse with her. The complaint did not allege that the girl was a
virgin. The accused was charged with RAPE but convicted of
QUALIFIED SEDUCTION.
HELD: Though it is true that virginity is presumed if the girl is over
12 but under 18, unmarried and of good reputation, virginity is still
an essential element of the crime of qualified seduction and must be

alleged in the complaint. Accused is guilty of RAPE, considering the

victims age, mental abnormality and deficiency.
There was also intimidation with the accused wearing his uniform.
Perez v. CA
Perez succeeded in having sexual intercourse with Mendoza after he
promised to marry her. As he did not make good on said promise,
Mendoza filed a complaint for Consented Abduction. Trial Court found
that the acts constituted seduction, acquitting him on the
charge of Consented Abduction. Mendoza then filed a complaint for
Qualified Seduction. Perez moved to dismiss the case on the grounds
of double jeopardy.

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.

HELD:There are similar elements between consented abduction and

qualified seduction, namely:
1) the offended party is a virgin, and
2) over 12 but under 18 yrs. of age However, an acquittal for
CONSENTED ABDUCTION will not preclude the filing of a charge for
QUALIFIED SEDUCTION because the element of the two crimes are
different.
That the girl gave consent to the sexual intercourse is not a defense.
Art.339 Acts of Lasciviousness with consent...

Simple Seduction
ART.338

Corruption of Minors

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.

ART.340

ELEMENTS:
1. That the offended party is over 12 and under 18 years of age;
2. That she must be of good reputation, single or widow;
3. That the offender has sexual intercourse with her; and
4. That it is committed by means of deceit.
What is the purpose of the law?
- To punish the seducer who by means of promise of marriage,
destroys the chastity of an unmarried female of previous chaste
character
Virginity of offended party is not required, good reputation is
sufficient.

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
punished by prisin correccional in its minimum and medium periods, and if
the culprit be a public officer, he shall also suffer the penalty of temporary
absolute disqualification.

The act punishable is the promotion or facilitating the prostitution or

corruption of persons under age to satisfy the lust of another.
It is not necessary that the unchaste acts shall have been done to
the minor. Hence, a mere proposal will consummate the offense.

Promise of marriage by a married man, whom the victim knew to be

married, is not deceit.

Who can be liable?

- Any person
- A public officer or employee, including those in government- owned
or controlled corporations
- Punishable by prision mayor
- shall also be penalized by temporary absolute disqualification

Promise of marriage after sexual intercourse is not deceit.

Habituality or abuse of authority or confidence is not necessary.

No continuing offense of seduction

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.

Mere proposal will consummate the offense.

Deceit generally takes the form of unfulfilled promise to marry.

What about unfulfilled promise of material things, as when the

woman agrees to sexual intercourse in exchange for jewelry?
- This is not seduction because she is a woman of loose morals.
Promise of marriage by a married man is not a deceit, if
the woman knew him to be married.

Acts Of Lasciviousness With The Consent Of The Offended Party

ART.339
ARTICLE 339. Acts of Lasciviousness with the Consent of the Offended Party.
The penalty of arresto mayor shall be imposed to punish any other acts of
lasciviousness committed by the same persons and the same circumstances
as those provided in articles 337 and 338.

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

R.A. 7610 punishes child prostitution committed by:

1. Those who engage in or promote, facilitate or induce child
prostitution;
2. Those who commit the act of sexual intercourse or lascivious
conduct with a child exploited in prostitution or subjected to other
sexual abuse;
3. Those who derive profit or advantage therefrom. (Ex.
manager/owner of the establishment where child prostitution takes
place);
4. Any person, not being a relative of the child, is found alone with
the said child in a hidden or secluded area under circumstances
which lead a reasonable person to believe that the child is about to
be exploited in prostitution and other sexual abuse; and
5. Any person who receives services from a child in a sauna parlor or
bath, massage clinic, health club, and other similar establishments.
Q: What is Child Prostitution?
A: It is engaging in sexual intercourse or acts of lasciviousness with
a child, who for money or profit or due to coercion is exploited to
indulge in such activities. The victim maybe male or female. If the
victim is under twelve (12) years of age, the offender shall NOT be
prosecuted under RA 7610, but shall be prosecuted for statutory
rape or acts of lasciviousness as the case maybe.
Q: What is an Attempt to Commit Child Prostitution under RA 7610?
A: It an offense committed by a person who, not being a relative of a
child, is found alone with said child inside the room or cubicle of a
house, hotel, or other similar establishments vessel, vehicle or any
other secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be exploited in
prostitution and other child abuse. It is also committed by one
person who receives services from a child in a sauna parlor, massage
clinic, or any other similar establishments.

Q: What is Child Trafficking?

A: It is the act of buying and selling a child for money, or for any
other consideration, or barter.

Forcible Abduction v. Corruption of minors depends on purpose;

purpose of Corruption is to lend her to illicit intercourse with others
Forcible Abduction v. Rape: if resistance of woman to alleged rape
was not tenacious; rape may also absorb forcible abduction if main
objective was to rape the victim
Attempt to rape absorbed in element of lewd design

White Slave Trade

Conviction of Acts of Lasciviousness, not a bar to conviction of

forcible abduction

ART.341
ARTICLE 341. White Slave Trade. The penalty of prisin correccional in its
medium and maximum periods shall be imposed upon any person who, in any
manner, or under any pretext, shall engage in the business or shall profit by
prostitution or shall enlist the services of women for the purpose of
prostitution.

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
Habituality not a necessary element of white slave trade
Offender need not be owner of house and need not be present at
time of raid; it suffices that he maintains or engages in business
Under any pretext if real purpose is prostitution, it doesnt matter
if one engages services of woman ostensibly as maid, for example
Victim is under 12 yrs., penalty shall be one degree higher.
Maintainer or manager of house of ill- repute need not be
present therein at the time of raid or arrest.

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.

PEOPLE vs. CARAANG, GR 148424-27. 12/11/03

The complex crime of forcible abduction with Rape occurs when there
is carnal knowledge of the abducted woman under any of the
circumstances mentioned earlier when force or intimidation is used;
when the woman is deprived of reason or is otherwise unconscious;
and when the woman is under twelve years of age or is demented.
The employment of deception suffices to constitute forcible
abduction. This Court has previously ruled that if the victim's consent
was obtained through deceit and there was therefore no valid
consent, the crime is forcible abduction, as the deceit may be
considered as constructive force. The second element, lewd design,
was established by the actual rapes.
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
forcible abduction had already been consummated, hence, forcible
abduction can only be attached to the first act of rape, detached
from the 3 subsequent acts of rape.
People v. Alburo
The accused and 2 other men raped the victim. The victim was a
jeepney passenger who was prevented from leaving the jeepney.
She was taken to a remote place where she was raped.
HELD: The accused is guilty of FORCIBLE ABDUCTION WITH RAPE.
It was proven that the victim was taken against her will and with
lewd design, and was subsequently forced to submit to the accuseds
lust, rendering her unconscious in the process.
People v. Godines
The victim witnessed the killing of another by the 2 accused.
Upon seeing her, the accused dragged her to a vacant lot where
they took turns in raping her. TC convicted them of rape.
HELD: FORCIBLE ABDUCTION is absorbed in the crime of RAPE if the
main objective is to rape the victim.
AGE AND REPUTATION NOT NECESSARY:
1. Rape
2. Acts of lasciviousness against the will or without the consent
of the offended party
3. Qualified seduction of sister or descendant
4. Forcible Abduction

Any woman, may be married; if child under 12 years of age, crime

is forcible abduction, even if she voluntarily goes with her abductor
Taking away must be against will of woman; may be accomplished
by means of deceit first and then by means of violence and
intimidation
Actual intercourse not necessary; lewd designs may be shown by
conduct of the accused; intent to seduce girl sufficient; lewd designs
present in hurried ceremony of marriage by force where marriage is
merely an artifice by which accused sought to escape criminal
consequences of his acts
When there are several defendants, it is enough that one of them
had lewd designs
Husband not liable for abduction of wife as lewd design is wanting
Nature of crime: against liberty, honor and reputation, and public
order Forcible abduction v. Grave coercion v. Kidnapping
presence of lewd design makes it forcible abduction; Kidnapping
and Serious illegal detention if there is deprivation of liberty
with no lewd design (Violent taking of woman motivated by lewd
design and victim raped - Forcible abduction with rape, instead
of Kidnapping with rape; Attempt to rape is absorbed in abduction)

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.
The abduction of the victim need not be with some character of
permanence.
Virginity: not in a material sense as to exclude the idea of
abduction of a virtuous woman of good reputation

including BOTH the guilty parties if they are alive.

Consent and pardon bar the filing of a criminal complaint.
Both parties must be included in the complaint even if one of
them is not guilty.
Prosecution of rape may be made upon complaint by any person.
When the offended party is a minor, her parents may file the
complaint.

It is sufficient that abductor was instrumental in escape of

victim, need not be taken from her house

When the offended party is of age and is in complete possession

of her mental and physical faculties, she alone can file the
complaint.

Requires solicitation or cajolery

The term guardian refers to legal guardian.

What is the purpose of the law?

- To prescribe punishment for the disgrace to her family and
the alarm caused by the disappearance of one who is, by
her age and sex, susceptible to cajolery and deceit.

The complaint must be filed in court, not with the fiscal.

CHAPTER FIVE
Provisions Relative to the Preceding Chapters of Title Eleven

Prosecution of Adultery, Concubinage, Seduction, Abduction And Acts of

lasciviousness
ART.344
ARTICLE 344. Prosecution of the Crimes of Adultery, Concubinage, Seduction,
Abduction, Rape and Acts of Lasciviousness. The crimes of adultery and
concubinage shall not be prosecuted except upon a complaint filed by the
offended spouse.
The offended party cannot institute criminal prosecution without including
both the guilty parties, if they are both alive, nor, in any case, if he shall have
consented or pardoned the offenders.
The offenses of seduction, abduction, rape or acts of lasciviousness, shall not
be prosecuted except upon a complaint filed by the offended party or her
parents, grandparents, or guardian, nor, in any case, if the offender has been
expressly pardoned by the above named persons, as the case may be.
In cases of seduction, abduction, acts of lasciviousness and rape, the
marriage of the offender with the offended party shall extinguish the criminal
action or remit the penalty already imposed upon him. The provisions of this
paragraph shall also be applicable to the co-principals, accomplices and
accessories after the fact of the abovementioned crimes.

1. Adultery and concubinage must be prosecuted upon complaint

signed by the offended spouse.
2. Seduction, abduction, or acts of lasciviousness must be
prosecuted upon complaint signed by:
a. offended party,
b. by her parents,
c. grandparents, or
d. guardians
- in the order in which they are named above.
General Rule: Marriage in good faith of the offender w/ the
offended party extinguishes the criminal action or remit the
penalty already imposed upon him. This applies as well to the
accomplices, accessories-after-the-fact.
Exception: In case of multiple rape.
Who may file the complaint?
- Adultery and concubinage must be prosecuted upon complaint
signed by the offended spouse.
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.
Crimes against chastity prosecuted de oficio.
Pilapil v. Ibay-Somera
A foreigner, married to a Filipina, was able to obtain a decree of
divorce in another country against the latter. After the issuance of
the decree of divorce, the foreigner filed 2 complaints of adultery
against the accused.
HELD: The person who initiates an ADULTERY / CONCUBINAGE
case must be an offended spouse, and by this is meant that he is still
married to the accused spouse, at the time of the filing of the
complaint.
Adultery and Concubinage
The offended party cannot institute criminal prosecution without

In case of complex crimes, where one of the component offenses

is a public crime, the criminal prosecution may be instituted
by the fiscal.
Effect of Pardon:
Pardon of the offenders by the offended party is a bar to prosecution
for adultery or concubinage.
Pardon must exist before the institution of the criminal action.
Both offenders must be pardoned by the offended party.
Delay in the filing of complaint, if satisfactorily explained, does not
indicate pardon.
Condonation or forgiveness of one act of adultery or concubinage
is not a bar to prosecution of similar acts that may be committed by
the offender in the future.
Consent:
- may be express or implied
- given before the adultery or concubinage was committed
- Agreement to live separately may be evidence of consent.
- Affidavit showing consent may be a basis for new trial.
Seduction, Abduction, Acts of lasciviousness
Must be prosecuted complaint signed by:
1. Offended Party
i. even if a minor
ii. of legal age and not incapacitated, only she can file the complaint
iii. minor or incapacitated and refuses to file, either of the following
persons may file
2. Either of the parents
3. Either of the grandparents paternal or maternal side
4. Legal or Judicial Guardian
5. The State as parens patriae when the offended party dies or
becomes incapacitated before she could file the complaint and has
no known parents, grandparents, or guardians
Effect of Pardon:
Offended party cannot institute criminal proceedings if the offender
has been EXPRESSLY pardoned by the offended party, or her
parents, grandparents or guardian.
Pardon by the parent, grandparent, or guardian must be
accompanied by the express pardon of the offended woman.
The right to file action of the parents, grandparents and guardian
shall be EXCLUSIVE of other persons and shall be exercised
successively in the order provided.
Pardon by the offended party who is a minor must have the
concurrence of parents, EXCEPT when the offended party has no
parents
When the offended party is a minor, her parents may file the
complaint.
Offended party is of age and is in complete possession of her
mental and physical faculties, she alone can file the complaint.
The guardian must be legally appointed by the court.
Rape complexed with another crime against chastity need NOT
be signed by the offended woman, since rape is a public crime.
When the evidence fails to prove a complex crime of rape with
another crime, and there is no complaint signed by the offended
woman, the accused CANNOT be convicted of rape.
Marriage of the offender with the offended party in seduction,
abduction, acts of lasciviousness and rape, extinguishes criminal
action or remits the penalty already imposed.
Marriage (in cases of seduction, abduction, and acts of

lasciviousness) extinguishes the criminal action even as to coprincipals, accomplices, and accessories.
Marriage must be entered into in good faith.
Marriage may take place AFTER criminal proceedings have
commenced, or even after conviction (extinguishes criminal
action and remits penalty).

Civil Liability Of Persons Guilty Of Crimes Against Chastity

ART.345.

3) Curators,
4) Teachers, and
5) Any other person, who cooperates as accomplice with abuse of
authority or confidential relationship.
The teachers or persons entrusted with education and guidance
of the youth shall also be penalized with disqualification.
Crimes embraced in the 2nd, 3rd, & 4th of this title:
1) rape
2) acts of lasciviousness
3) qualified seduction
4) simple seduction
5) acts of lasciviousness with consent
of the offended party
6) corruption of minors
7) white slave trade
8) forcible abduction
9) consented abduction

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.

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.
EXCEPT:
a. in cases of adultery and concubinage
b. where either of the offended party or accused is married
c. when paternity cannot be determined, such as in multiple rape
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.

Liability of Ascendants, Guardians, Teachers, Or Other Persons Entrusted

With Custody Of Offended Party
ART.346
ARTICLE 346. Liability of Ascendants, Guardians, Teachers, or Other Persons
Entrusted with the Custody of the Offended Party. The ascendants,
guardians, curators, teachers and any person who, by abuse of authority or
confidential relationship, shall cooperate as accomplices in the perpetration of
the crimes embraced in chapters second, third and fourth of this title, shall be
punished as principals.
Teachers or other persons in any other capacity entrusted with the education
and guidance of youth, shall also suffer the penalty of temporary special
disqualification in its maximum period to perpetual special disqualification.
Any person falling within the terms of this article, and any other person guilty
of corruption of minors for the benefit of another, shall be punished by special
disqualification from filling the office of guardian.

Persons who cooperate as accomplices but are punished as

principals in rape, seduction, abduction, etc:
1) Ascendants,
2) Guardians,

TITLE TWELVE
Crimes Against the Civil Status of Persons
CHAPTER ONE
Simulation of Births and Usurpation of Civil Status

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
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.

Usurpation of Civil Status

ART.348

ARTICLE 348. Usurpation of Civil Status. The penalty of prisin mayor shall
be imposed upon any person who shall usurp the civil status of another,
should he do so for the purpose of defrauding the offended party or his heirs;
otherwise, otherwise, the penalty of prisin correccional in its medium and
maximum periods shall be imposed.

This felony is committed by a person who assumes the filiation, or

the parental or conjugal rights of another.
Criminal intent to enjoy the civil rights of another by the offender
knowing he is not entitled thereto is necessary to constitute this
crime.
Circumstance qualifying the offense: When the purpose of the
impersonation is to defraud the offended party or his heirs.
Civil status seems to include ones profession.
There must be an intent to enjoy the rights arising from the
civil status of another.
CHAPTER TWO
Illegal Marriages

upon any person who, without being included in the provisions of the next
preceding article, shall contract marriage knowing that the requirements of the
law have not been complied with or that the marriage is in disregard of a legal
impediment.
If either of the contracting parties shall obtain the consent of the other by
means of violence, intimidation or fraud, he shall be punished by the
maximum period of the penalty provided in the next preceding paragraph.

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.

Bigamy
Premature Marriages
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.

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.
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.

Marriage Contracted Against Provisions Of Laws

ART.350
ARTICLE 350. Marriage Contracted Against Provisions of Laws. The penalty
of prisin correccional in its medium and maximum periods shall be imposed

Performance Of Illegal Marriage Ceremony

ART.352
ARTICLE 352. Performance of Illegal Marriage Ceremony. Priests or
ministers of any religious denomination or sect, or civil authorities who shall
perform or authorize any illegal marriage ceremony shall be punished in
accordance with the provisions of the marriage law.

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

TITLE THIRTEEN
Crimes Against Honor

There is no crime if the defamatory imputation is not published,

meaning, it is not communicated to a third person.

CHAPTER ONE
Libel

People v. Velasco (2000)

DOCTRINE OF FAIR COMMENT: Fair commentaries on matters of
public and interest are privileged constitute a valid defense in an
action for libel or slander.

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:
(a) malice in law that which should be proved, or
(b) malice in fact that which may be taken for granted due to the
grossness of the imputation.
Defamation is the proper term for libel as used in Article 353
Defamation: may be libel or slander
No distinction between calumny, insult, and libel: all kinds of attack
against honor and reputation is punished
Malice is presumed to exist in injurious publications.
Publication is the communication of the defamatory matter to
some third person/s.
Person libeled must be identified. But the publication need not refer
by name to the libeled party. If not named it must be shown that the
description of the person referred to in the defamatory publication
was sufficiently clear so that at least a 3rd person would have
identified the offended party.
It is essential that the victim be identifiable, although it is not
necessary that he be named.
Meaning of writer immaterial
Defamatory remarks directed at a group of persons are not
actionable unless the statements are all embracing or sufficiently
specific for each victim to be identifiable.
There are as many counts of libel as there are persons defamed.
To presume publication, there must be a reasonable probability
that the alleged libelous matter was thereby exposed to be
read or seen by 3rd persons.
In libel, the false accusation need not be made under oath.
Perjury requires that the false accusation is made under oath
Seditious libel is punished under Article 142
Criteria to determine whether statements are defamatory:
1. Words are calculated to induce the hearers to suppose and
understand that the person against whom they are uttered were
guilty of certain offenses, or are sufficient to impeach their honesty,
virtue or reputation, or to hold the person up to public ridicule; and
(US v OConnel)
2. Words are construed not only as to the expression used but also
with respect to the whole scope and apparent object of the writer.
(People vs. Encarnacion)

In order that a discreditable imputation to a public

official may be actionable, it must either be:
- A false allegation of fact; OR
- A comment based on a false supposition.
Ayer Productions v. Capulong (1988)
PUBLIC FIGURE one who, by his accomplishments, fame, mode of
living, OR by adopting a profession or calling which gives the public a
legitimate interest in his doings, his affairs and his character, has
become a public personage
Borjal v. CA (1999)
For a statement to be considered malicious, it must be shown that it
was written or published with the knowledge that they are false OR
in reckless disregard of WON they were false
RECKLESS DISREGARD the defendant entertains serious doubt
as to the truth of the publication, OR that he possesses a high
degree of awareness of their probable falsity
To avoid self-censorship that would necessarily accompany strict
liability for erroneous statements, rules governing liability for injury
to reputation are required to allow an adequate margin of error by
protecting some inaccuracies.

Requirement of Pubilicty
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.

Kinds of privileged communication:

1. Absolutely privileged not actionable even if the actor has acted
in bad faith;
2. Qualifiedly privileged those which, although containing
defamatory imputations, are not actionable unless made with malice
or bad faith.
General Rule: Every defamatory imputation is presumed malicious,
even if it be true, if no good intention and justifiable motive for
making it is shown.
Exceptions:
1. private communication in performance of legal, moral or social
duty
2. Requisites:
a. That the person who made the communication had a legal, moral
or social duty to make the communication or at least he had an
interest to be upheld;
b. That the communication is addressed to an officer or a board, or
superior, having some interest or duty on the matter; and
c. That the statements in the communication are made in good faith
without malice in fact.
3. fair and true report of official proceedings, made in good faith,
without any comments and remarks
4. Requisites:
a. That the publication of a report of an official proceeding is a fair
and true report of a judicial, legislative, or other official proceedings
which are not of confidential nature, or of a statement, report, or
speech delivered in said proceedings, or of any other act performed
by a public officer in the exercise of his functions;
b. That it is made in good faith; and
c. That it is made without any comments or remarks
Prosecution must prove malice in fact to convict the accused in
case of qualified privileged communication
The privilege simply does away with presumption of malice
Absolute Privileged Communication: not actionable even if done

in bad faith statements made by members of Congress in

discharge of functions, Judicial Proceedings when pertinent
and relevant to subject of inquiry
Qualified privilege is lost by proof of malice

One view holds that there is publication once the statement

is uploaded or posted on a website.
The other view maintains that publication occurs only when another
person gains access or reads the statement on the site.

Applying to wrong person due to honest mistake does not take

case out of the privilege
Unnecessary publicity destroys good faith
Defense of privileged communication in paragraph 1:
will be rejected if it is shown that accused acted with malice in fact
and there is no reasonable ground for believing the charge to be
true(for example, no personal investigation made; probable cause in
belief is sufficient)

Threatening To Publish Libel And Offer To Prevent Such Publication For A

Compensation

Malice in fact: rivalry or ill-ffeling existing at date of publication,

intention to injure the reputation of offended party, motivated by
hate and revenge

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.

In proceedings, communication/ pleadings/others must be pertinent

and material to subject matter to be covered by privilege
Only matters which are not confidential in nature may be published
Defamatory remarks and comments on the conduct or acts of public
officers which are related to the discharge of their official duties will
not constitute libel if defendant proves the truth of imputation; any
attack upon private character on matters not related to discharge of
official duties may be libelous

ART.356

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.

Conduct related to discharge of duties of public officers are

matters of public interest

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).

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

Blackmail can also be in the form of light threats, which is

punished under ARTICLE 283.

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

Libel By Means Of Writings Or Similar Means

ART.355
ARTICLE 355. Libel by Means of Writing or Similar Means. A libel committed
by means of writing, printing, lithography, engraving, radio, phonograph,
painting, theatrical exhibition, cinematographic exhibition, or any similar
means, shall be punished by prisin correccional in its minimum and medium
periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the
civil action which may be brought by the offended party.

The means by which libel may be committed are writing, printing,

lithography, engraving, radio, phonograph, painting, theatrical or
cinematographic exhibitions, or any similar means.
Use of amplifier slander not libel.

Prohibited Publication Of Acts Referred To In The Course Of Official

Proceedings
ARTICLE 357
ARTICLE 357. Prohibited Publication of Acts Referred to in the Course of
Official Proceedings. The penalty of arresto mayor or a fine of from 200 to
2,000 pesos, or both, shall be imposed upon any reporter, editor or manager of
a newspaper, daily or magazine, who shall publish facts connected with the
private life of another and offensive to the honor, virtue and reputation of said
person, even though said publication be made in connection with or under the
pretext that it is necessary in the narration of any judicial or administrative
proceedings wherein such facts have been mentioned.

ELEMENTS:
1. That the offender is a reporter, editor or manager of a newspaper,
daily or magazine;
2. That he publishes facts connected with the private life of another;
and
3. That such facts are offensive to the honor, virtue and reputation of
said person.
The prohibition to publish applies even such publication be made in
connection w/ or under the pretext that it is necessary in the
narration of any judicial or administrative proceedings wherein such
facts have been mentioned.

Penalty is in addition to civil liability

Art. 357 constitutes the Gag law which bars from publication news
reports on cases pertaining to adultery, divorce, issues about the
legitimacy of children, etc.

Libel may be absorbed in crime of threats if intent to threaten is

principal aim and object.

Source of news report may not be revealed unless court or Congress

finds such revelation is demanded by the security of the State

If defamatory remarks are made in the heat of passion which

culminated in a threat, the derogatory statements will not constitute
an independent crime of libel but a part of the more serious crime of
threats.

This article is referred to as the Gag Law.

Television program libel.

In a libel case filed in August 2006 against RP Nuclear Solutions and

blogger Abe Olandres, the Pasig City Prosecutor dismissed the
charges against them because they have no participation in the
creation nor authority to modify the content of the site being hosted
where the allegedly libelous remarks were posted.
The prosecutor however ordered the filing of cases against two other
respondents who never denied authorship of the posted comments.
It remains debatable when the moment of publication occurs with
respect to statements made over the Internet.

Under RA 1477, a newspaper reporter cannot be compelled to

reveal the source of the news report he made, UNLESS
the court or a House or committee of Congress finds that
such revelation is demanded by the security of the state.
Libel - Defamation is in writing. Print media
Slander - is oral defamation. It can be grave or simple

Slander - Oral Defamation

ART.360

ART.358

ARTICLE 360. Persons Responsible. Any person who shall publish, exhibit
or cause the publication or exhibition of any defamation in writing or by similar
means, shall be responsible for the same.
The author or editor of a book or pamphlet, or the editor or business manager
of a daily newspaper, magazine or serial publication, shall be responsible for
the defamation contained therein to the same extent as if he were the author
thereof.
The criminal action and the civil action for damages in cases of written
defamation, as provided in this chapter, may be filed simultaneously or
separately with the Court of First Instance of the province wherein the libel
was published, displayed or exhibited, regardless of the place where the same
was written, printed or composed.
No criminal action for defamation which consists in the imputation of a crime
which cannot be prosecuted de officio shall be brought except at the instance
of and upon complaint expressly filed by the offended party.

ARTICLE 358. Slander. Oral defamation shall be punished by arresto mayor

in its maximum period to prisin correccional in its minimum period if it is of a
serious and insulting nature; otherwise the penalty shall be arresto menor or a
fine not exceeding 200 pesos.

KINDS OF ORAL DEFAMATION:

1. Grave slander - defamation is of a serious and insulting nature;
2. Simple slander - light insult or defamation.
FACTORS THAT DETERMINE GRAVITY OF THE OFFENSE:
1. expressions used
2. personal relations of the accused and the offended party,
3. circumstances surrounding the case, and
4. social standing and position of the victim.
Words uttered in the heat of anger constitute light oral defamation.
If the utterances were made publicly and were heard by many
people and the accused at the same time pointed his finger at
the complainant, oral defamation is committed.

Slander By Deed
ART.359
ARTICLE 359. Slander by Deed. The penalty of arresto mayor in its
maximum period to prisin correccional in its minimum period or a fine
ranging from 200 to 1,000 pesos shall be imposed upon any person who shall
perform any act not included and punished in this title, which shall cast
dishonor, discredit or contempt upon another person. If said act is not of a
serious nature, the penalty shall be arresto menor or a fine not exceeding 200
pesos.

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.
2. Slander by deed - irritation or annoyance + attendant publicity
and dishonor or contempt.
3. Acts of lasciviousness - irritation or annoyance + any of the 3
circumstance provided in Art. 335 on rape (i.e. use of force or
intimidation; deprivation of reason or rendering the offended
unconscious; or if offended party was under 12 years old, together
with lewd designs)
ALSO of two kinds:
Simple
Grave: of a serious nature

PERSONS LIABLE:
1. The person who publishes, exhibits or causes the publication or
exhibition of any defamation in writing or similar means;
2. The author or editor of a book or pamphlet;
3. The editor or business manager of a daily newspaper magazine or
serial publication; and
4. The owner of the printing plant which publishes a libellous article
with his consent and all other persons, who in any way participate in
or have connection with its publication.
VENUE OF CRIMINAL AND CIVIL ACTION FOR DAMAGES
IN CASES OF WRITTEN DEFAMATION:
1. where the libelous article is printed and 1st published, or
2. where any of the offended parties actually resides at the time of
the commission of the offense, or
3. where one of the offended parties is a public officer:
a. if his office is in the City of Manila, with the RTC of Manila, or
the city/province where the article is printed and 1st published
b. otherwise, with the RTC of the city/province where he held
office at the time of offense; or where the article is 1st
published, or
4. where one of the offended parties is a private individual, with the
RTC of province/city where he actually resides at the time of the
crime or where the article was printed or 1st published.
Complaint for defamation imputing a private crime (i.e. adultery,
concubinage, seduction, abduction, and acts of lasciviousness) must
be filed by the offended party.
Person who publishes libelous letter written by offended party is
liable (publishing and not composing is the prime requisite of crime)
Liability of editor is same as author
Limitations of venue: in order to minimize interference with public
function if a public officer, and also to avoid unnecessary harassment
of accused(to limit out-of-town libel suits)
Actual damages need not be proved where publication is libelous
per se
Action for exemplary damages may be awarded if action is based
on quasi-delict
No remedy for damages for slander or libel in case of absolutely
privileged communication

ACTUS REUS resulting in DAMAGE TO PROPERTY = MALICIOUS

MISCHIEF

Under Republic Act no. 8792, otherwise known as the Electronic

Commerce Act, a party or person acting as a service provider
incurs NO civil or criminal liability in the making, publication,
dissemination or distribution of libelous material if:
a) the service provider does not have actual knowledge, or is not
aware of the facts or circumstances from which it is apparent that
making, publication, dissemination or distribution of such material is
unlawful or infringes any rights;

ACTUS REUS + PUBLICITY resulting in DISHONOR = SLANDER BY

DEED

b) the service provider does not knowingly receive a financial benefit

directly attributable to the infringing activity;

ACTUS REUS + CIRCUMSTANCES IN RAPE (NO CARNAL

KNOWLEDGE) + LEWD
DESIGNS = ACTS OF LASCIVIOUSNESS

c) the service provider does not directly commit any infringement or

other unlawful act and does not induce or cause another person or
party to commit any infringement or other unlawful act and/or does
not benefit financially from the infringing activity or unlawful act of
another person or party (Section 30, in relation to Section 5, ECommerce Law

ACTUS REUS resulting in ANNOYANCE = UNJUST VEXATION

SECTION TWO
General Provisions

Persons Responsible Libel

editor or managing editor of a newspaper from criminal liability.

This article is a limitation to the defense of privileged
communication. Even if matter is privileged and malice in fact is
proved, author and editor is liable
Author/editor of publication who distorts, mutilates or discolors
official proceedings reported by him, or add comments thereon to
cast aspersion on character of parties concerned is guilty of libel

CHAPTER TWO
Incriminatory Machinations

Incriminating Innocent Person

ART.363
ARTICLE 363. Incriminating Innocent Person. Any person who, by any act
not constituting perjury, shall directly incriminate or impute to an innocent
person the commission of a crime, shall be punished by arresto mayor.

Proof Of The Truth

ART.361
ARTICLE 361. Proof of the Truth. In every criminal prosecution for libel, the
truth may be given in evidence to the court and if it appears that the matter
charged as libelous is true, and, moreover, that it was published with good
motives and for justifiable ends, the defendants shall be acquitted.
Proof of the truth of an imputation of an act or omission not constituting a
crime shall not be admitted, unless the imputation shall have been made
against Government employees with respect to facts related to the discharge
of their official duties.
In such cases if the defendant proves the truth of the imputation made by him,
he shall be acquitted.

PROOF OF TRUTH IS ADMISSIBLE WHEN:

1. the act or omission imputed constitutes a crime regardless of
whether the offended party is a private individual or a public officer,
or
2. the offended party is a government employee, even if the act or
omission imputed does not constitute a crime, provided, it is related
to the discharge of his official duties.
REQUISITES FOR ACQUITTAL FROM A LIBEL CHARGE :
1. it appears that the matter charged as libelous is TRUE
(for situations (a) and (b) above); and
2. it was published with good motives and for a justifiable end
(for situation (a) only).

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
Art 363 is limited to planting evidence and the like, which
tend directly to cause false prosecution.
Incriminatory machinations distinguished from defamation does
not avail himself of written or spoken words
There is a complex crime of incriminating an innocent person
through unlawful arrest.
As far as this crime is concerned, this has been interpreted
to be possible only in the so-called planting of evidence.
- If this act is resorted to, to enable officers to arrest the subject,
the crime is unlawful arrest through incriminating innocent persons.

The proof of the truth of the accusation cannot be made to rest upon
mere hearsay, rumors, or suspicion but upon positive, direct
evidence upon which a definite finding may be made by the court.
An imputation that a person has contagious disease might under
ordinary circumstances be defamatory but loses such character
when made with good intention and justifiable motive
There is no libel when there is no malice
Retraction may mitigate the damages; if article is libelous
per se, publication due to honest mistake is only mitigating
RULE OF ACTUAL MALICE: Even if the defamatory statement is
false, NO liability can attach IF it relates to official
conduct, UNLESS --- The public official concerned proves that the statement was made
with actual malice, i.e., with knowledge that it was false or with
reckless disregard of whether it was false or not

Libelous Remarks

Art.363. Incriminating Innocent Person

Intriguing Against Honor

ART.362
ARTICLE 362. Libelous Remarks. Libelous remarks or comments connected
with the matter privileged under the provisions of article 354, if made with
malice, shall not exempt the author thereof nor the editor or managing editor
of a newspaper from criminal liability.

Libelous remarks or comments on privileged matters (under Art.

354), if made with malice in fact, will not exempt the author and

ARTICLE 364. Intriguing Against Honor. The penalty of arresto menor or fine
not exceeding 200 pesos shall be imposed for any intrigue which has for its
principal purpose to blemish the honor or reputation of a person.

This felony is committed by any person who shall make any intrigue
which has for its principal purpose to blemish the honor or reputation
of another person. It is committed by saying to others an

unattributable thing, that if it said to the person himself, slander is

committed.
Intriguing against honor refers to any scheme or plot designed to
blemish the reputation of another by means w/c consist of some
trickery.
The intrigue is resorted to to blemish honor or reputation of
another person
Must be committed by means of some tricky and secret plot, and
not gossiping which falls under defamation
Where the source or author of derogatory information cannot be
determined and defendant passes it to others, defendants act is one
of intriguing against honor; if it came from a definite source, crime is
slander.
Intriguing against honor is referred to as gossiping: the offender,
without ascertaining the truth of a defamatory utterance, repeats the
same and pass it on to another, to the damage of the offended party.
This crime is committed by any person who shall make any
intrigue which has for its principal purpose to blemish the
honor or reputation of another person.

2. When, by imprudence or negligence and with violation of the Automobile

Law, the death of a person shall be caused, in which case the defendant shall
be punished by prisin correccional in its medium and maximum periods.
Reckless imprudence consists in voluntary, but without malice, doing or
falling to do an act from which material damage results by reason of
inexcusable lack of precaution on the part of the person performing or failing
to perform such act, taking into consideration his employment or occupation,
degree of intelligence, physical condition and other circumstances regarding
persons, time and place.
Simple imprudence consists in the lack of precaution displayed in those cases
in which the damage impending to be caused is not immediate nor the danger
clearly manifest.

IMPRUDENCE AND NEGLIGENCE

QUASI-OFFENSES ARE COMMITTED IN 4 WAYS:
1. By committing through reckless imprudence any act which, had it
been intentional, would constitute a grave or less grave felony or
light felony;
2. By committing through simple imprudence or negligence an act
w/c would otherwise constitute a grave or a less serious felony;
3. By causing damage to the property of another through reckless
imprudence or simple imprudence or negligence; or
4. By causing through simple imprudence or negligence some wrong
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.
Art. 64 on mitigating and aggravating circumstances is not applicable
in quasi-offenses.

Intriguing Against Honor

Qualifying circumstance in quasi-offenses: The offenders failure to

lend on-the-spot assistance to the victim of his negligence.
Abandoning ones victim is usually punishable under Art. 275. But if
it is charged under Art. 365, it is only a qualifying circumstance, and
if not alleged, it cannot even be an aggravating circumstance.

TITLE FOURTEEN
Quasi Offenses
SOLE CHAPTER
Criminal Negligence

Criminal Negligence
Art.365.
ARTICLE 365. Imprudence and Negligence. Any person who, by reckless
imprudence, shall commit any act which, had it been intentional, would
constitute a grave felony, shall suffer the penalty of arresto mayor in its
maximum period to prisin correccional in its medium period; if it would have
constituted a less grave felony, the penalty of arresto mayor in its minimum
and medium periods shall be imposed.
Any person who, by simple imprudence or negligence, shall commit an act
which would otherwise constitute a grave felony, shall suffer the penalty of
arresto mayor in its medium and maximum periods; if it would have
constituted a less serious felony, the penalty of arresto mayor in its minimum
period shall be imposed.
When the execution of the act covered by this article shall have only resulted
in damage to the property of another, the offender shall be punished by a fine
ranging from an amount equal to the value of said damages to three times
such value, but which shall in no case be less than 25 pesos.
A fine not exceeding 200 pesos and censure shall be imposed upon any
person who, by simple imprudence or negligence, shall cause some wrong
which, if done maliciously, would have constituted a light felony.
In the imposition of these penalties, the court shall exercise their sound
discretion, without regard to the rules prescribed in article 62.
The provisions contained in this article shall not be applicable:
1. When the penalty provided for the offense is equal to or lower than those
provided in the first two paragraphs of this article, in which case the court
shall impose the penalty next lower in degree than that which should be
imposed, in the period which they may deem proper to apply.

Imprudence or Negligence is not a crime in itself, but simply a way of

committing a crime.
If the danger that may result from the criminal negligence is clearly
perceivable, the imprudence is RECKLESS. If it could hardly be
perceived, the criminal negligence would only be simple.
Criminal negligence is only a modality in incurring criminal liability.
THEREFORE, even if there are several results arising from ONLY ONE
CARELESSNESS, the accused may only be prosecuted under one
count for the criminal negligence. Otherwise, double jeopardy would
arise.
Technical term Reckless Imprudence resulting in Homicide; what is
punished is not the act itself but the mental attitude or condition
behind the act.
Negligence is a quasi-offense. What is punished is not the effect of
the negligence but the recklessness of the accused.
Test of Negligence: Would a prudent man foresee harm as a
reasonable consequence of the course about to be pursued?
Reasonable foresight of harm, followed by ignoring of admonition
born of this provision.
Reckless Imprudence v. Force Majeure: Force Majeure is an event
that cannot be foreseen, or which being foreseen is inevitable;
implies an extraordinary circumstance independent of will of actor; in
reckless imprudence damage or injury may be preventable by
exercise of reasonable care and threatened upon conduct about to
be pursued by the actor.
Contributory negligence of offended party is not a defense but only
mitigates criminal liability.
Last Clear Chance Rule The contributory negligence of the injured
party will not defeat the action if it be shown that the accused might,
by the exercise of reasonable care and prudence, have avoided the
consequences of the negligence of the injured party.
Emergency Rule: A person confronted with emergency may be left
with no time for thought, must make speedy decision based on

impulse or instinct, and cannot be held liable for same conduct as

one who had opportunity to reflect; applicable only when situation
that arises is sudden and unexpected, and is such as to deprive him
of all opportunity for deliberation Ex. An automobile driver, who, by
the negligence of another, is suddenly placed in an emergency and
compelled to act instantly to avoid a collision or injury is not guilty of
negligence if he makes a choice which a person of ordinary prudence
placed in such a position might make even though he did not make
the wisest choice.
Emergency Rule (as a defense): one who suddenly finds himself in a
place of danger, and is required to act without time to consider the
best means that may be adopted to avoid the impending danger, is
NOT guilty of negligence, if he fails to adopt what subsequently and
upon reflection may appear to have been a better method UNLESS
the emergency in which he finds himself is brought about by his own
negligence.
Violation of a rule or regulation or law is proof of negligence.
Reyes v. Sis. of Mercy Hospital (2000)
Elements involved in medical negligence cases:
1. Duty
2. Breach
3. Injury
4. Proximate causation
Garcia-Rueda v. Pascasio (1997)
MEDICAL MALPRACTICE, which is a form of negligence, consists in
the failure of a physician or surgeon to apply to his practice of
medicine that degree of care and skill which is ordinarily employed
by the profession generally, under similar conditions, and in like
surrounding circumstances.

Carillo v. People (1994)

The gravamen of SIMPLE NEGLIGENCE is the failure to exercise the
diligence necessitated or called for by the situation which was NOT
immediately life- destructive BUT which culminated, as in the
present case, in the death of a human being 3 days later.