Compiled Elements

TITLE ONE.
CRIMES AGAINST NATIONAL SECURITY AND THE

LAW OF NATIONS
CHAPTER ONE. CRIMES AGAINST NATIONAL SECURITY
Section One. Treason and Espionage
Article 114. Treason
Elements:
1. That the offender is a Filipino citizen or an alien residing in the
Philippines.
2. That there is a war in which the Philippines is involved
3. That the offender either:
a. Levies war against the Philippines; or
b. Adheres to her enemies by giving them aid or comfort within
or outside the Philippines.
Article 115. Conspiracy and proposal to commit treason
Elements of conspiracy to commit treason:
1. That there is a war in which the Philippines is involved;
2. That two or more persons came to an agreement to:
a. Levy war against the Philippines; or
b. Adhere to her enemies by giving them aid or comfort within or
outside the Philippines; and
3. That the offenders decided to commit it.
Elements of proposal to commit treason
2. That a person decided to:
a. Levy war against the Philippines; or
b. Adhere to her enemies by giving them aid or comfort within or
outside the Philippines; and
3. That the offender proposes its execution to some other person/s.
Article 116. Misprision of Treason
Elements:
1. That the offender owes allegiance to the Government and he is
not a foreigner;
2. That the offender has knowledge of any conspiracy to commit
treason against the Government; and
3. That the offender conceals or does not disclose and make known
such knowledge as soon as possible to the governor or fiscal of
the province or the mayor or fiscal of the city in which he resides.
Article 117. Espionage
Elements:
1. First way of committing espionage:
a. That the offender enters a warship, fort, or military or naval

establishment or reservation;
b. That the offender has no authority to enter such places; and
c. That his purpose is to obtain information, plans, photographs,
or other data of a confidential nature relative to the defense
of the Philippines.
2. Second way of committing espionage:
a. That the offender is a public officer;
b. That by reason of his office, he possesses the articles, data, or
information referred to in paragraph 1 of Article 117; and
c. That he discloses their contents to a representative of a
foreign nation.
Section Two. Provoking War and Disloyalty in Case of War
Article 118. Inciting to war or giving motives for reprisals
Elements:
1. That the offender performs unlawful or unauthorized acts; and
2. That such acts provoke or give occasion for a war involving or
liable to involve the Philippines or exposes Filipino citizens to
reprisal on their persons or property.
Article 119. Violation of Neutrality
Elements:
1. That there is war in which the Philippines is not involved;
2. That there is a regulation issued by competent authority for the
purpose of enforcing neutrality; and
3. That the offender violates such regulation.
Article 120. Correspondence with hostile country
Elements:
1. That it is in time of war in which the Philippines is involved;
2. That the offender shall have correspondence with an enemy
country or territory occupied by enemy troops; and
3. That the such correspondence is either:
a. Prohibited by the government, or
b. Carried on in ciphers or conventional signs, or
c. Containing notice or information which might be useful to the
enemy.
Article 121. Flight to enemys country
Elements:
2. That the offender must be owing allegiance to the Government;
3. That the offender attempts to flee or go to enemy country; and
4. That going to enemy country is prohibited by competent

authority.
Section Three. Piracy and Mutiny on the High Seas or in
Philippine Waters
Article 122. Piracy
Elements:
1. That the vessel is on the high seas or in Philippine waters;
2. That the offenders are not members of its complement or
passengers of the vessel; and
3. That the offenders:
a. Attack or seize that vessel, or
b. Seize the whole or part of the cargo of said vessel, its
equipment or personal belongings of its complement or
passengers.
Article 123. Qualified Piracy
Elements:
1. That the offender committed any of the crimes under Article 122;
and
2. That the crime was committed under any of the following
circumstances:
a. Whenever they have sized a vessel by boarding or firing upon
the same;
b. Whenever the pirates have abandoned their victims without
means of saving themselves; or
c. Whenever the crime is accompanied by murder, homicide,
physical injuries, or rape.
TITLE TWO. CRIMES AGAINST THE FUNDAMENTAL LAW OF THE
STATE
CHAPTER ONE. ARBITRARY DETENTION OR EXPULSION,
VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETING AND CRIMES AGAINST
RELIGIOUS WORSHIP
Section One. Arbitrary Detention and Expulsion
Article 124. Arbitrary Detention
Elements:
1. That the offender is a public officer or employee;
2. That he detains a person; and
3. That the detention is without legal grounds.
Article 125. Delay in the delivery of detained persons to the

proper judicial authorities
Elements:
2. That he has detained a person for some legal ground; and
3. That he fails to deliver such person to the proper judicial
authorities within:
a. Twelve (12) hours, for crimes or offenses punishable by light
penalties, or their equivalent;
b. Eighteen (18) hours, for crimes or offenses punishable by
correctional penalties, or their equivalent; or
c. Thirty-six (36) hours, for crimes or offenses punishable by
afflictive or capital penalties, or their equivalent.
Article 126. Delaying Release
Elements:
2. That there is a judicial or executive order for the release of a
prisoner or detention prisoner, or that there is a preceding upon
a petition for the liberation of such person;
3. That the offender without good reason delays:
a. The service of the notice of such order to the prisoner, or
b. The performance of such judicial or executive order for the
release of the prisoner, or
c. The proceedings upon a petition for the release of such
person.
Article 127. Expulsion
Elements:
2. That he expels any person from the Philippines, or compels a
person to change his residence; and
3. That the offender is not authorized to do so by law.
Section Two. Violation of Domicile
Article 128. Violation of domicile
Acts punishable under Article 128
1. Enter any dwelling against the will of the owner thereof;
2. Search papers or other effects found therein without the previous
consent of such owner;
3. Refuse to leave the premises, after having surreptitiously entered
said dwelling and after having been required to leave the same.
Elements common to three acts:
1. That the offender is a public officer or employee; and
2. That he is not authorized by any judicial order to enter the

dwelling and/or to make a search therein for papers or other
effects.
Article 129. Search warrants maliciously obtained
Elements of procuring search warrants without just cause:
2. That he procures a search warrant; and
3. That there is no just cause.
Elements of exceeding his authority or by using unnecessary severity
in executing search warrant legally procured:
2. That he has legally procured a search warrant; and
3. That he exceeds his authority or uses unnecessary severity in
executing the same.
Article 130. Searching domicile without witnesses
Elements:
2. That he is armed with a search warrant legally procured;
3. That he searches the domicile, papers or other belongings of any
person; and
4. That the owner, or any member of his family or two witnesses
residing in the same locality are not present.
Section Three. Prohibition, Interruption, and Dissolution of
Peaceful Meetings
Article 131. Prohibition, interruption, and dissolution of
peaceful meetings
Acts punishable under Art. 131
1. Prohibiting or interrupting, without legal ground, the holding of a
peaceful meeting, or by dissolving the same;
2. Hindering any person from joining any lawful association or from
attending any of its meetings; and
3. Prohibiting or hindering any person from addressing, either alone
or together with others, any petition to the authorities for the
correction of abuses or redress of grievances.
Elements common to these acts:
1. That the offender is a public officer; and
2. That he performs any of the acts mentioned above.
Section Four. Crimes Against Religious Worship
Article 132. Interruption of religious worship
Elements:
2. That religious ceremonies or manifestations of any religion are
about to take place are going on; and
3. That the offender prevents or disturbs the same.
Article 133. Offending the religious feelings
Elements:
1. That the acts complained of were performed:
a. In a place devoted to religious worship, or
b. During the celebration of any religious ceremony; and
2. That the acts must be notoriously offensive to the feelings of the
faithful.
TITLE THREE. CRIMES AGAINST PUBLIC ORDER
CHAPTER ONE. REBELLION, COUP DETAT,
DISLOYALTY
SEDITION
AND
Article 134. Rebellion or insurrection

Elements:
1. That there be:
a. A public uprising; and
b. Taking arms against the government.
2. That the purpose of the uprising or movement is either:
a. To remove allegiance to said government or its laws:
i.
The territory of the Philippines or any part thereof; or
ii.
Any body of land, naval or other armed forces; or
b. To deprive the Chief Executive or Congress, wholly or partially,
of any of their powers or prerogatives.
Article 134-A. Coup dtat
Elements:
1. That the offender is a person/s belonging to the military or police
or holding any public office or employment;
2. That it is committed by means of a swift attack accompanied by
violence, intimidation, threat, strategy or stealth;
3. That the attack is directed against duly constituted authorities of
the Republic of the Philippines, or any military camp or
installation, communication networks, public utilities or other
facilities needed for the exercise and continued possession of
power; and
4. That the purpose of the attack is to seize or diminish state power.
Article 135. Penalty for rebellion, insurrection, or coup dtat
Article 136. Conspiracy and proposal to commit coup dtat,

rebellion or insurrection
1. Conspiracy to commit rebellion;
Elements:
a. Two or more persons come to an agreement to rise publicly
and take arms against the Government;
b. For any of the purposes of rebellion;
i. Removing from the allegiance to said Government or its
laws;
The territory of the Philippines, or any part thereof; or
ii. Depriving the Chief Executive or Congress, wholly or
partially, of any of their powers or prerogatives; and
c. Decide to commit it.
2. Proposal to commit rebellion.
Elements:
a. A person decided to rise publicly and take arms against the
Government;
b. For any of the purposes of rebellion;
i. Removing from the allegiance to said Government or its
laws;
The territory of the Philippines, or any part thereof; or
ii. Depriving the Chief Executive or Congress, wholly or
partially, of any of their powers or prerogatives; and
c. Proposes its execution to some other person or persons.
Article 137. Disloyalty of public officers or employees
Elements:
1. That the offender is a public officer or employee; and
2. That the offender committed the following acts:
a. Failed to resist a rebellion by all means in their power;
b. Continued to discharge the duties of their offices under the
control of the rebels; or
c. Accepted the appointment to office under them.
Article 138. Inciting to rebellion or insurrection
The elements of inciting to rebellion or insurrection:
1. Offender does not take up arms or is not in open hostility against
government;
2. He incites others to the execution of any acts of the rebellion;
and
3. That the inciting is done by means of speeches, proclamations,

writings, emblems, banners, or other representations tending to
the same end.
Article 139. Sedition
Elements:
1. That the offenders rise:
a. Publicly; and
b. Tumultuously;
2. That they employ force, intimidation, or other means outside of
legal methods; and
3. That the offenders employ any of those means to attain any of
the following objects:
a. To prevent the promulgation or execution of any law or the
holding of any popular election;
b. To prevent the government or any public officer from freely
exercising its or his functions, or prevent the execution of any
Administrative Order;
c. To inflict any act of hate or revenge upon the person or
property of any public officer or employee;
d. To commit, for any political or social end, any act of hate or
revenge against private persons or any social class; or
e. To despoil, for any political or social end, any person or the
government of all its property or any part thereof.
Article 140. Those who are liable for sedition
Article 141. Conspiracy to commit sedition
Elements:
1. Two or more person come to an agreement;
2. To rise publicly and tumultuously and to either of the objectives
of sedition.
Article 142. Inciting to Sedition
1. Inciting others to commit sedition by means of speeches,
proclamations,
writings,
emblems,
banners,
other
representations;
Elements:
a. The offender does not take direct part in the crime of sedition;
b. Incites others to the accomplishment of any of the acts which
constitute sedition;
c. By means of speeches, proclamations, writings, emblems,
banners, other representations tending to the same end.
2. Uttering seditious words or speeches which tend to disturb public
peace;
3. Writing, publishing, or circulating scurrilous libels against the
government or any of its duly constituted authorities;
Nos. 2 and 3 are punishable when:

a. Tend to disturb or obstruct any lawful officer in executing the
functions of his office;
b. Tend to instigate others to cabal and meet together for
unlawful purposes;
c. They suggest or incite rebellious conspiracies or riots; and
d. They lead or tend to stir up the people against the lawful
authorities or disturb the peace of the community, and the
safety and order of the government.
4. Knowingly concealing such evil practices.
Note: Knowingly concealing such evil practices is ordinarily an
act of the accessory after the fact, but under this provision, the
act is treated and punished as that of the principal.
CHAPTER TWO. CRIMES AGAINST POPULAR REPRESENTATION
Section One. Crimes Against Legislative Bodies and Similar
Bodies
Article 143. Acts tending to prevent the meeting of the
assembly and similar bodies
Elements:
1. There be a projected or actual meeting of the congress or any of
its committees or subcommittees, constitutional commissions or
committees or divisions thereof, of any provincial board or city or
municipal council or board; and
2. Offender prevents such meeting by force of fraud.
Article 144. Disturbance of proceedings
Elements:
1. There be a meeting of Congress or any of its committees or
subcommittees, constitutional commissions or committees or
divisions thereof, or any provincial board or city or municipal
council or board; and
2. The offender does the following acts:
a. Disturbs any of such meetings; or
b. While in the presence of any such bodies, behaves in such a
manner as to interrupt its proceedings or to impair the
respect due to it.
Section Two. Violation of Parliamentary Immunity
Article 145. Violation of parliamentary immunity (2 acts
punishable)
1. By using force, intimidation, threats, or frauds to prevent any
member of the Congress from attending the meetings of the

Congress or of any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or
from expressing his opinions, or casting his vote; and
Elements:
a. Any person uses force, intimidation, threats, or fraud
b. The purpose of the offender is to prevent any member of the
Congress from:
i. Attending the meetings of the congress or any of its
committees or constitutional commissions;
ii. Expressing his opinions; or
iii. Casting his vote.
2. By arresting or searching any member thereof while the
Congress is in regular or special session, except in case such
member has committed a crime punishable under the Code by a
penalty higher than prision mayor.
Elements:
a. The offender is a public officer or employee;

b. The offender arrests or searches any member of the
Congress;
c. At the time of the arrest or search, Congress was in regular or
special session;
d. The member arrested or searched has not committed a crime
punishable under the RPC a penalty higher that prision
mayor.
CHAPTER THREE. ILLEGAL ASSEMBLIES AND ASSOCIATIONS
Art. 146. Illegal Assemblies (2 punishable acts)
What are illegal assemblies?
They are:
1. Any meeting attended by armed persons for the purpose of
committing any of the crimes punishable under the RPC; or
Elements:
a. There is a meeting, gathering or group or person;
b. Such meeting is attended by an armed person; and
c. The purpose of such meeting is to commit any crime under
the RPC.
2. Any meeting in which the audience, whether armed or not, is
incited to the commission of the crime of treason, rebellion or
insurrection, sedition, or assault upon a person in authority or his
agents.
Elements:
a. There is a meeting, gathering or group or person; and
b. The audience, armed or not, is incited to the commission of

the crime of treason, rebellion, or insurrection, sedition or
direct assault.
Art. 147. Illegal Association
What are illegal associations?
They are:
1. Associations totally or partially organized for the purpose of
committing any of the crimes punishable under the RPC; or
Elements:
a. There is an association;
b. Totally or partially organized for the purpose of committing
any of the crimes punishable under the Code.
2. Associations totally or partially organized for some purpose
contrary to public morals.
Elements:
a. There is an association;
b. Totally or partially organized for some purpose contrary to
public morals.
CHAPTER FOUR. ASSAULT UPON, AND RESISTANCE AND
DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS
Art. 148. Direct Assault
Two (2) forms of direct assault punishable under Art. 148
1. Without public uprising, by employing force or intimidation for
the attainment of any of the purposes enumerated in defining
the crimes of rebellion and sedition; and
Elements:
a. Without a public uprising;
b. The offender employs force or intimidation;
c. For the purposes of the crime of rebellion or any of the objects
of the crime of sedition.
2. Without public uprising, by attacking, by employing force, or by
seriously intimidating or seriously resisting any person in
authority or any of his agents, while engaged in the performance
of official duties, or on the occasion of such performance.
Elements:
a. That the offender
i. Makes an attack;
ii. Employs force;
iii. Makes a serious intimidation; or
iv. Makes a serious resistance;
b. The person assaulted is a person in authority (PA) or agent of
person in authority (APA);
c. At the time of assault:
i. The assaulted is engaged in the actual performance of his

official duties; or that the
ii. Assault was on occasion of the performance of his official
duties;
Note: On occasion signify by reason of the past
performance of official duty, even if at the very time of the
assault no official duty was being discharged.
d. The offender is aware that the one he is assaulting is a person
in authority or agent of person in authority the exercise of his
duties;
e. No public uprising.
Art. 149. Indirect Assault
Elements of indirect assault:
1. That a PA or an APA is the victim of any of the forms of direct
assault defined in Art. 148;
2. That a person comes to the aid of the PA or APA; and
3. That the offender makes use of force or intimidation upon such
person coming to the aid of the PA or APA.
Art. 150. Disobedience to summons issued by the national
assembly, its committees or subcommittees, by the
constitutional commission, its committees, subcommittee or
divisions
1. By refusing, without legal excuse, to obey summons of Congress,
its special or standing committees and subcommittees, the
Constitutional Commissions and its committees, subcommittees
or divisions, or by any commission or committee chairman or
member authorized to summon witnesses
2. By refusing to be sworn or placed under affirmation while being
before such legislative or constitutional body or official
3. By refusing to answer any legal inquiry or to produce any books,
papers, documents, or records in his possession, when required
by them to do so in the exercise of their functions
4. By restraining another from attending as a witness in such
legislative or constitutional body;
5. By inducing disobedience to a summons or refusal to be sworn
by any such body or official.
Art. 151. Resistance and disobedience to a person in authority
or agent of such person
1. Resistance & serious disobedience (Paragraph 1)
Elements:
a. That a PA or his APA is engaged in the performance of official

duty or gives a lawful order to the offender;
b. That the offender resists or seriously disobeys such person in
authority or his agent; and
c. That the act of the offender is not included in the provisions of
Arts. 148-150
2. Simple disobedience (Paragraph 2)
Elements:
a. That an APA is engaged in the performance of official duty or
gives a lawful order to the offender;
Note: The phrase When the disobedience to an [APA] in
authority clearly provides that in the offended party must be
only an APA.
b. That the offender disobeys such APA; and
c. That such disobedience is not of a serious nature.
Art. 152. Persons in authority and agents of persons in
authority; Who shall be deemed as such
CHAPTER FIVE. PUBLIC DISORDERS
Art. 153. Tumults and other disturbance of public orders (5
punishable acts)
What are tumults and other disturbances of public order?
They are:
1. Causing any serious disturbance in a public place, office or
establishment;
2. Interrupting or disturbing performances, functions or gatherings,
or peaceful meetings, if the act is not included in Articles 131
and 132;
3. Making any outcry tending to incite rebellion or sedition in any
meeting, association or public place;
4. Displaying placards or emblems which provoke a disturbance of
public order in such place; and
5. Burying with pomp the body of a person who has been legally
executed
Art. 154. Unlawful use of means of publication and unlawful
utterances (4 punishable acts)
1. Publishing or causing to be published, by means of printing,
lithography or any other means of publication, as news any false
news which may endanger the public order; or cause damage to
the interest or credit of the State
2. Encouraging disobedience to the law or to the constituted

authorities or praising, justifying or extolling any act punished by
law, by the same means or by words, utterances or speeches;
3. Maliciously publishing or causing to be published any official
resolution or document without proper authority, or before they
have been published officially; and
4. Printing, publishing or distributing (or causing the same) books,
pamphlets, periodicals, or leaflets which do not bear the real
printers name, or which are classified as anonymous.
Art. 155. Alarms and scandals
Acts punished as alarms and scandals
1. Discharging any firearm, rocket, firecracker, or other explosive
within any town or public place, calculated to cause (which
produces) alarm of danger;
2. Instigating or taking an active part in any charivari or other
disorderly meeting offensive to another or prejudicial to public
tranquility;
3. Disturbing the public peace while wandering about at night or
while engaged in any other nocturnal amusements; and
4. Causing any disturbance or scandal in public places while
intoxicated or otherwise, provided Article 153 in not applicable.
Art. 156. Delivering prisoners from jail
Elements:
1. There is a person confined in jail; and
2. That the offender removes therefrom such person, or helps him
escape.
CHAPTER SIX. EVASION OF SERVICE OF SENTENCE
Art. 157. Evasion of service of sentence
Elements:
1. Offender is a convict by final judgment;
2. He is serving his sentence, which consists in the deprivation of
liberty; and
3. He evades the service of his sentence by escaping during the
term of his sentence.
Art. 158. Evasion of service of sentence on the occasion of
disorders, conflagration, earthquake, of other calamities
Elements:
1. That the offender is a convict by the final judgment, and is
confined in a penal institution;
2. That there is disorder, resulting from:
a. Conflagration;
b. Earthquake;
c. Explosion;
d. Similar catastrophe; or
e. Mutiny in which he has not participated;
3. That the offender leaves the penal institution where he is
confined, on the occasion of such disorder or during mutiny; and
4. That offender fails to give himself up to the authorities within 48
hours following the issuance of a proclamation announcing the
passing away of the calamity.
Art. 159. Other cases of evasion of sentence
Elements of the offense of violation of conditional pardon:
1. Offender was a convict;
2. He was granted a conditional pardon by the Chief Executive;
3. That he violated any of the conditions of such pardon.
CHAPTER SEVEN. COMMISSION OF ANOTHER CRIME DURING
SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS
OFFENSE
Art. 160. Commission of another crime during the service of
penalty imposed for another previous offense (quasirecidivism)
Elements of the special aggravating circumstance of quasi-recidivism:
1. That offender was already convicted by final judgment of one
offense; and
2. That he committed another felony before beginning to serve
such sentence or while serving the same.
TITLE FOUR. CRIMES AGAINST PUBLIC INTEREST
CHAPTER ONE. FORGERIES
Section One. Forging the Seal, Signature or Stamp of the Chief
Executive
Art. 161. Counterfeiting the great seal of the Government of
the Philippine Islands, forging the signature or stamp of the
Chief Executive
1. Forging the Great Seal of the Government of the Philippines;
2. Forging the signature of the President; and
3. Forging the stamp of the President.
Art. 162. Using forged signature or counterfeit seal or stamp
Elements:
1. That the seal of the Republic was counterfeited, or the signature

or stamp of the Chief Executive was forged by another person;
2. That the offender knew of the counterfeiting or forgery; and
3. That he used the counterfeit seal or forged signature or stamp.
Note: The offender under this Article should not be the forger.
Section Two. Counterfeiting Coins
Art. 163. Making and importing and uttering false coins
Elements:
1. That there be false or counterfeited coins;
2. That the offender either made, imported or uttered such coins;
and
3. That in case of uttering such false or counterfeited coins, he
connived with the counterfeiters or importers.
Art. 164. Mutilation of coins; Importation and utterances of
mutilated coins
1. Mutilating coins of the legal currency, with the intent to damage
or to defraud another; and
2. Importing or uttering such mutilated coins, with the further
requirement that there must be connivance with the mutilator or
importer in case of uttering.
Art. 165. Selling, without connivance
1. Possession of coin, counterfeited or mutilated by another with
intent to utter the same knowing that it is false or mutilated; and
2. Actually uttering false or mutilated coin, knowing it to be false or
mutilated.
Section Three. Forging Treasury or Bank Notes, Obligations
and Securities; Importing and Uttering False or Forged Notes,
Obligations and Securities
Art. 166.
1. Forging or falsification of treasury or bank notes or other
documents payable to bearer;
2. Importation of the same: it means to bring them into the
Philippines, which presupposes that the obligations or notes are
forged or falsified in a foreign country; and
3. Uttering the same in connivance with forgers or importers: it
means offering obligations or notes knowing them to be false or
forged, whether such offer is accepted or not, with a
representation, by words or actions, that they are genuine and

with an intent to defraud.
Art. 167. Counterfeiting, importing and uttering instruments
not payable to bearer
Elements:
1. That there be an instrument payable to order or other document
of credit not payable to bearer;
2. That the offender either forged, imported or uttered such
instrument; and
3. That in case of uttering he connived with the importer or forger.
Art. 168. Illegal possession and use of false treasury or bank
notes and other instruments of credit
Elements:
1. That the treasury or bank note or certificate or other obligation
and securities payable to bearer or any instrument payable to
order or other document of credit not payable to bearer is forged
or falsified by another;
2. The offender knows that any of these instruments is forged or
falsified; and
3. That he performs any of these acts:
a. Using any of such forged or falsified instruments; or
b. Possession with intent to use of any of the forged or falsified
documents.
Art. 169. How forgery is committed
1. By giving to a treasury or bank note or any instrument, payable
to bearer or order mentioned therein, the appearance of a true
genuine document.
2. By erasing, substituting, counterfeiting or altering by any means
the figures, letters, words or signs contained therein.
Section Four. Falsification of Legislative, Public, Commercial,
and Private Documents, and Wireless, Telegraph, and
Telephone Message
Art. 170. Falsification of legislative documents
Elements:
1. That there be a bill, resolution or ordinance enacted by or
approved or pending approval by either House of the Legislative
or any provincial board or municipal council;
Note: Municipal council should include the city council or
municipal board.
2. The offender, who may be any person, alters the same;
3. That he has no proper authority therefore; and
4. That alteration has changed the meaning of the document.

Art. 171. Falsification by public officer, employee or notary or
ecclesiastic minister
Elements:
1. That the offender is a public officer, employee or notary public or
ecclesiastical minister;
Note: In case the offender is an ecclesiastical minister, the act of
falsification is committed with respect to any record or document
of such character that its falsification may affect the civil status
of persons.
2. That he takes advantage of his official position; and
3. The offender falsifies a document by:
a. Counterfeiting or imitating any handwriting, signature or
rubric;
Requisites:
i. Intent to imitate, or an attempt to imitate; and
ii. That the two signatures or handwritings, the genuine and
the forged, bear some resemblance to each other.
b. Causing it to appear that persons have participated in any act
or proceeding when they did not in fact so participate;
Requisites:
i. That the offender caused it to appear in a document that a
person(s) participated in an act or a proceeding; and
ii. Such person(s) did not in fact so participate in the act or
proceeding.
c. Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by
them;
Requisites:
i. That a person(s) participated in an act or a proceeding;
ii. That such person(s) made statements in that act or
proceeding; and
iii. That the offender, in making a document, attributed to
such person(s) statements other than those in fact made
by such person(s).
d. Making untruthful statements in a narration of facts;
Requisites:
i. That the offender makes in a document statements in a
narration of facts, not of conclusion of law;
ii. That he has a legal obligation to disclose the truth of the
facts narrated by him;
iii. That the facts narrated by the offender are absolutely
false; and
iv. That the perversion of truth in the narration of facts was
made with the wrongful intent of injuring a third person.
e. Altering true dates;

f. Making any alteration or intercalation in a genuine document
which changes its meaning;
Requisites:
i. That there be an alteration (change) or intercalation
(insertion) on a document;
ii. That it was made on a genuine document;
iii. That the alteration or intercalation has changed the
meaning of the document; and
iv. That the change made the document speak of something
false.
g. Issuing in an authenticated form a document purporting to be
a copy of an original document when no such original exists,
or including in such a copy a statement contrary to, or
different from, that of the genuine original; or
Note: It cannot be committed by a private individual or by a
notary or public officer who does not take advantage of his
official position.
h. Intercalating any instrument or note relative to the issuance
thereof in a protocol, registry, or official book.
Art. 172. Falsification by private individual and use of falsified
documents
1. Falsification of public, official or commercial document by a
private individual
Elements:
a. The offender is a private individual or a public officer or
employee who did not take advantage of his official position;
b. That he committed any of the acts of falsification enumerated
in Art.171 (Pars. 1-6); and
c. That the falsification was committed in a public or official or
commercial document;
2. Falsification of private document by any person;
Elements:
a. That the offender committed any of the acts of falsification
except those in par. 7, enumerated in Art.171;
b. That the falsification was committed in a private document;
and
c. That the falsification caused damage to a third party or at
least the falsification was committed with the intent to cause
damage.
3. Use of falsified documents.
a. Introducing in a judicial proceeding

Elements:
i. That the offender knew that the document was falsified by
another person;
ii. That the false document was embraced in Art. 171 or in

any subdivision No. 1 or 2 of Art. 172; and
iii. That he introduced said document in evidence in any
judicial proceeding.
b. Use in any other transaction
Elements:
i. That the offender knew that the document was falsified by
another person;
ii. That the false document was embraced in Art. 171 or in
any of subdivision No. 1 or 2 of Art. 172;
iii. That he used such document (not in judicial proceeding);
and
iv. That the use of the false document caused damage to
another or at least it was used with intent to cause
damage.
Art. 173. Falsification of wireless, cable, telegraph and
telephone messages, and use of said falsified messages
Acts punishable
1. Uttering fictitious wireless, cable, telegraph or telephone
message.
Elements:
a. The offender is an officer or employee of the Government

an officer or employee of a private corporation, engaged
the service of sending or receiving wireless, cable
telephone message; and
b. The offender utters fictitious, wireless, cable, telegraph
telephone message.
2. Falsifying wireless, cable, telegraph or telephone messages.
or
in
or
or
Elements:
a. The offender is an officer or employee of the Government or

an officer or employee of a private corporation, engaged in
the service of sending or receiving wireless, cable or
telephone message; and
b. That he falsifies wireless, cable, telegraph or telephone
messages.
3. Using such falsified messages.
Elements:
a. That the accused knew that wireless, cable, telegraph or
telephone message was falsified by any person specified in
Art.173 par. 1;
b. That the accused used such falsified dispatch; and
c. That the use of the falsified dispatch resulted in the prejudice
of a third party, or that the use thereof was with the intent to
cause such prejudice.
Section Five. Falsification of Medical Certificates, Certificates

of Merit or Services
Art. 174. False medical certificates, false certificates of merits
or service
Persons liable
1. Any physician or surgeon who, in connection, with the practice of
his profession, shall issue a false certificate; and
2. Any public officer who shall issue a false certificate of merit of
service, good conduct or similar circumstances; and
3. Any private person who shall falsify a certificate falling within the
classes mentioned.
Art. 175. Using false certificates
Elements:
1. That a physician or surgeon had issued a false medical
certificate, or a public officer had issued a false certificate of
merit or service, good conduct, or similar circumstances, or a
private person had falsified any of said certificate;
2. That the offender knew that the certificate was false; and
3. That he used the same.
Section Six. Manufacturing, Importing and Possession of
Instruments or Implements Intended for the Commission of
Falsification
Art. 176. Manufacturing and possession of instruments or
implements for falsification
Elements:
1. Making or introducing into the Philippines any stamps, dies,
marks, or other instruments or implements for counterfeiting;
and
2. Possessing with intent to use the instruments or implements for
counterfeiting or falsification made in or introduced into the
Philippines by another person.
CHAPTER TWO. OTHER FALSITIES
Section One. Usurpation of Authority, Rank, Title and Improper
Use of Names, Uniforms and Insignia
Art. 177. Usurpation of authority or official functions
Two ways of committing the crime under Art. 177
1. By knowingly misrepresenting oneself to be an officer, agent or
representative of the government, whether local, national or
foreign; or
2. By performing any act pertaining to a person in authority or
public officer of the government under the pretense of official

position and without authority.
Art. 178. Using fictitious name and concealing true name
Elements of using fictitious names:
1. That the offender uses a name other than his real name;
2. That he uses that fictitious name publicly; and
3. That the purpose of the offender is
a. To conceal a crime;
b. To evade the execution of a judgment; or
c. To cause damage to public interest.
Note: If damage is caused to private interest, the crime will be

estafa under Art. 315, subdivision 2(a).
Elements of concealing true name are:

1. That the offender conceals:
a. His true name; and
b. All other personal circumstances; and
2. That the purpose is only to conceal his identity.
Art. 179. Illegal use of uniforms or insignia
Elements:
1. That the offender makes use of insignia, uniform or dress;
2. That the insignia, uniform or dress pertains to an office not held
by the offender or to a class of person of which he is not a
member; and
3. That said insignia, uniform or dress is used publicly and
improperly.
Section Two. False Testimony
Art. 180. False testimony against a defendant
1. That there be a criminal proceeding;
2. That the offender testifies falsely under oath against the
defendant therein;
3. That the offender who gives false testimony knows that it is
false; and
4. That the defendant against whom the false testimony is given is
either acquitted or convicted in a final judgment.
Art. 181. False testimony favorable to the defendants
Elements:
1. That there be a criminal proceeding;
2. That the offender testifies falsely under oath in favor of the
defendant therein; and
3. That the offender who gives false testimony knows that it is
false.
Art. 182. False testimony in civil cases

1. That the testimony must be given in a civil case;
2. That the testimony must relate to the issues presented in said
case;
3. That the testimony must be false;
4. That the false testimony must be given by the defendant
knowing it to be false; and
5. That the testimony must be malicious and given with an intent to
affect the issues presented in said case.
Art. 183. False testimony in other cases and perjury in solemn
affirmation
Elements of perjury:
1. That the accused made a statement under oath or executed an
affidavit upon a material matter;
2. That the statement or affidavit was made before a competent
officer authorized to receive and administer oath;
3. That in that statement or affidavit, the accused made a willful
and deliberate assertion of a falsehood; and
4. That the sworn statement or affidavit containing the falsity is
required by law.
Art. 184. Offering of false testimony in evidence

Elements:
1. That the offender offered in evidence a false witness or
testimony;
2. That he knew the witness or testimony was false; and
3. That the offer was made in a judicial or official proceeding.
CHAPTER THREE. FRAUDS
Section One. Machinations, Monopolies, and Combinations
Art. 185. Machinations in public auctions
Acts punishable:
1. Soliciting any gift or promise as a consideration for refraining
from taking part in the public auction; and
Elements:
a. That there be a public auction;
b. That the accused solicited any gift or a promise from any of
the bidders;
Note: Mere solicitation consummates the crime.
c. That such gift or promise was the consideration for his

refraining from taking part in that public auction.
d. That the accused had the intent to cause the reduction of the
price of the thing auctioned.
2. Attempting to cause bidders to stay away from an auction by
threats, gifts, promises or any artifice.
Elements:
a. That there be a public auction;
b. That the accused attempted to cause the buyers to stay away
from that public auction;
c. That it was done by threats, gifts, promises or any other
artifice; and
d. That the accused had the intent to cause the reduction of the
price of the thing auctioned.
Art. 186. Monopolies and combinations in restraint of trade
Acts punishable:
1. Combination or conspiracy to prevent free competition in market.
Elements:
a. That the offender entered into a contract or agreement or
taking part in any conspiracy or combination;
b. That such contract, agreement or conspiracy be in the form of
a trust or otherwise; and
c. That the same is in (1) restraint of trade or commerce or (2)
to prevent, by artificial means, free competition in the market.
2. Monopoly to restrain free competition in market.
Elements:
a. That the offender monopolized any merchandise or object of
trade or commerce, or combined with any person or persons
to monopolize said merchandise or object;
b. That such monopoly or combination of any merchandise or
object is to alter the prices thereof;
c. That such alteration of prices was made by spreading false
rumors or making use of any other artifice; and
d. That the purpose is to restrain free competition in the market.
3. Making transactions prejudicial to lawful commerce or to increase
the market price of merchandise.
Elements:
a. That the offender be the (1) manufacturer, (2) producer, (3)
processor or (4) importer of any merchandise or object of
commerce;
b. That the offender either by (1) combining, (2) conspiring, or
(3) agreeing with any person; and
c. That the purpose is (1) to make transactions prejudicial to
lawful commerce or (2) to increase the market price of any
merchandise or object of commerce manufactured, produced,

processed, assembled or imported into the Philippines.
Art. 187. Importation and disposition of falsely marked articles
or merchandise made of gold, silver or other precious metals
or their alloys
Elements:
1. That the offender imports, sells or disposes any of the following
articles:
a. Gold,
b. Silver,
c. Other precious metals, or
d. Their alloys.
2. That the stamps, brands or marks of those articles or
merchandise fail to indicate the actual fineness or quality of said
metal or alloy; and
3. That the offender knows that the stamps, brands, or marks fail to
indicate the actual fineness or quality of said metal or alloy.
Arts. 188 and 189 REPEALED by the Intellectual Property Code
Title
Five
REPEALED
by
REPUBLIC
ACT
NO.
9165
Comprehensive Dangerous Drugs Act of 2002
Art. 195. Knowingly permitting gambling to be carried on in a
place owned or controlled by the offender
Elements:
1. That a gambling game was carried on in an inhabited or
uninhabited place or in any building, vessel or other means of
transportation;
2. That the place, building, vessel or other means of transportation
is owned or controlled by the offender; and
3. That the offender permitted the carrying on of such game,
knowing that it is a gambling game.
Art. 196. Importation sale and possession of lottery tickets or
advertisements
Acts punished relative to lottery tickets or advertisements
1. By importing into the Philippines from any foreign place or port
any lottery ticket or advertisement;
2. By selling or distributing the same in connivance with the
importer;
3. By possessing, knowingly and with intent to use, lottery tickets or
advertisements; and
4. By selling or distributing the same without connivance with the
importer.
Art. 197 REPEALED by PRESIDENTIAL DECREE NO.

Penalizing
Betting,
Game-fixing
or
Point-Shaving
Machinations in Sport Contests
483
and
Art. 198. Illegal betting on horse races

Acts punishable in illegal betting on horse races
1. By betting on horse races during the periods not allowed by law.
Days where horse races are allowed:
a. Sundays not reserved
b. 24 Saturdays
c. Legal Holidays EXCEPT:
i. Independence Day
ii. Rizal Day
iii. Registration or Voting day
iv. Holy Thursday
2. By maintaining or employing a totalizer or other device or
scheme for betting on races or realizing profit therefrom, during
the periods not allowed by law.
Art. 199. Illegal cockfighting
Modified by P.D. No. 449
Under P.D. No. 449, the following may be held liable:
1. Any person who, directly or indirectly, participates in cockfights,
by betting money or other valuable things in a day other than
those permitted by law;
2. Any person who, directly or indirectly, organizes cockfights at
which bets are made in a day other than those permitted by law;
3. Any person who, directly or indirectly, participates in cockfights,
by betting money or other valuable things at a place other than a
licensed cockpit;
4. Any person who, directly or indirectly, organizes cockfights at
which bets are made at a place other than a licensed cockpit;
and
5. Owner, manager or lessee of the cockpit who shall permit
gambling of any kind on the premises of the cockpit or place of
cockfighting during cockfights.
Cockfighting is allowed during:
1. Sundays;
2. Legal Holidays EXCEPT:
a. Rizal Day;
b. Independence Day;
c. National Heroes Day;
d. Holy Thursday;
e. Good Friday;
f. Election or Referendum Day; and
g. During the Registration days for election or referendum;

3. During local fiestas for not more than 3 days; and
4. During provincial, city or municipal, agricultural, commercial or
industrial fair, carnival or exposition for a similar period of three
days.
Art. 200. Grave scandal
Elements:
1. That the offender performs an act or acts;
2. That such act or acts be highly scandalous as offending against
decency or good customs;
3. That the highly scandalous conduct is not expressly falling within
any article of this Code; and
4. That the act or acts complained of be committed in a public
place or within the public knowledge or view.
Art. 201. Immoral doctrines, obscene publications and
exhibitions, and indecent shows
Persons Liable:
1. Those who shall publicly expound or proclaim doctrines openly
and contrary to public morals;
2. The authors of obscene literature, published with their
knowledge in any form; the editors publishing such literature;
and the owners, operating the establishment or selling the same;
3. Those who, in theaters, fairs, cinematographs or any other place,
exhibit indecent or immoral shows which are proscribed and shall
include those which:
a. Glorify criminals or condone crimes;
b. Serve no other purpose but to satisfy the market for violence,
lust or pornography;
c. Offend any race or religion;
d. Tend to abet traffic in and use of prohibited drugs; and
e. Are contrary to morals, good customs, established policies,
lawful orders, decrees and edicts;
4. Those who shall sell, give away or exhibit films, prints,
engravings, sculpture or literature which are offensive to morals.
Art. 202. Prostitutes
Who are prostitutes?
Women who, for money or profit, habitually indulge in sexual
intercourse or lascivious conduct, are deemed to be prostitutes.
Note: R.A. No. 10158 (2012) decriminalized vagrancy.
Art. 203. Who are public officers
Requisites:
To be a public officer one must be
1. Taking part in the performance of public functions in the

government, or performing in said Government or in any of its
branches public duties as an employee, agent or subordinate
official, of any rank or class; and
2. That his authority to take part in the performance of public
functions or to perform public duties must be
a. By direct provision of the law, or
b. By popular election, or
c. By appointment by competent authority.
Art. 204. Knowingly rendering unjust judgment
Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted to him for
decision;
3. That the judgment is unjust; and
4. That the judge knows that his judgment is unjust.
Art. 205. Judgment rendered through negligence
Elements:
2. That he renders a judgment in a case submitted to him for
decision;
3. That the judgment is manifestly unjust; and
4. That it is due to his inexcusable negligence or ignorance.
Art. 206. Unjust interlocutory order
Elements:
1. That the offender is a judge; and
2. That he performs any of the following acts:
a. Knowingly renders unjust interlocutory order or decree, or
b. Renders a manifestly unjust interlocutory order or decree
through.
Art. 207. Malicious delay in the administration of justice
Elements:
2. That there is a proceeding in court;
3. That he delays the administration of justice; and
4. That the delay is malicious, that is, the delay is caused by the
judge with deliberate intent to inflict damage on either party in
the case.
Art. 208. Prosecution of offenses; Negligence and tolerance
Acts punished
1. By maliciously refraining from instituting prosecution against

violators of the law; and
2. By maliciously tolerating the commission of a crime.
Elements of dereliction of duty in the prosecution of offenses:
1. That the offender is a public officer who has a duty to cause the
prosecution of, or to prosecute offenses;
2. That knowing the commission of the crime, he does not cause
the prosecution of the criminal or knowing that a crime is about
to be committed he tolerates its commission; and
3. That the offender acts with malice and deliberate intent to favor
the violator of the law.
Art. 209. Betrayal of trust by an attorney or solicitor
Revelation of secrets
Acts punished
1. Causing damage to his client, either:
a. By any malicious breach of professional duty; or
b. Inexcusable negligence or ignorance.
Note: Damage is necessary.
2. Revealing any of the secrets of his client learned by him in his
professional capacity; and
Note: Damage is not necessary.
3. Undertaking the defense of the opposing party in the same case
without the consent of his first client after having undertaken the
defense of said first client or after having received confidential
information from said client
Elements:
1. That the offender is a lawyer;
2. That he betrays the trust of his client by any of the following
acts:
a. Causing damage to his client either by any malicious breach
of professional duty or inexcusable negligence or ignorance;
b. Revealing any of the secrets of his client learned by him in his
professional capacity; or
c. Undertaking the defense of the opposing party in the same
case without the consent of his first client after having
undertaken the defense of said first client or after having
received confidential information from said client.
Art. 210. Direct bribery
Acts Punished
1. By agreeing to perform, or by performing in consideration of any

offer, promise, gift or present, an act constituting a crime, in
connection with the performance of official duties;
2. By accepting a gift in consideration of the execution of an unjust
act which does not constitute a crime, in connection with the
performance of his official duty; and
3. By agreeing to refrain, or by refraining, from doing something
which it is his official duty to do, in consideration of a gift or
promise.
Elements of direct bribery:
1. That the offender be a public officer;
2. That the offender accepts an offer or a promise or receives a gift
or present by himself or through another;
3. That such offer or promise be accepted, or gift or present
received by the public officer:
a. With a view to committing some crime;
b. In consideration of the execution of an act which does not
constitute a crime, but the act must be unjust; or
c. To refrain from doing something which it is his official duty to
do; and
4. That the act which the offender agrees to perform or which he
executes be connected with the performance of his official
duties.
Art. 211. Indirect bribery
Elements:
1. That the offender is a public officer;
2. That he accepts gifts; and
3. That the said gifts are offered to him by reason of his office.
Note: There is no attempted or frustrated indirect bribery because it is
committed by accepting gifts offered to the public officer by reason of
his office. If he does not accept the gifts, he does not commit the
crime. If he accepts the gifts, it is consummated. If after receiving the
gift, he does any act in favor of the giver, it ceases to be indirect but
becomes direct bribery.
Art. 211-A. Qualified bribery
Elements:
1. That the offender is a public officer entrusted with law
enforcement;
2. That the offender refrains from arresting or prosecuting an
offender who has committed a crime punishable by reclusin
perpetua and/or death;
3. That the offender refrains from arresting or prosecuting the

offender in consideration of any promise, gift or present.
Art. 212. Corruption of public officials
Elements:
1. That the offender makes, offers or promises or gives gifts or
presents to a public officer; and
2. That the offers or promises are made or the gifts or presents
given to a public officer, under circumstances that will make the
public officer liable.
Art. 213. Fraud against the treasury and similar offenses
Acts Punished
1. By entering into an agreement with any interested party or
speculator or making use of any other scheme, to defraud the
Government, in dealing with any person with regard to furnishing
supplies, the making of contracts, or the adjustment or
settlement of accounts relating to public property or funds.
Elements of frauds against public treasury (Par. 1):
a. That the offender be a public officer;
b. That he should have taken advantage of his office, that is, he
intervened in the transaction in his official capacity;
c. That he entered into an agreement with any interested party
or speculator or made use of any other scheme with regard
to:
i. Furnishing supplies
ii. The making of contracts, or
iii. The adjustment or settlement of accounts relating to
public property or funds
d. That the accused had intent to defraud the Government.
2. By demanding, directly or indirectly, the payment of sums
different from or larger than those authorized by law, in the
collection of taxes, licenses, fees, and other imposts.
3. By failing voluntarily to issue a receipt, as provided by law, for
any sum of money collected by him officially, in the collection of
taxes, licenses, fees and other imposts
4. By collecting or receiving, directly or indirectly, by way of
payment or otherwise, things or objects of a nature different
from that provided by law, in the collection of taxes, licenses,
fees and other imposts
Elements of illegal exactions (paragraphs 2, 3 and 4):
a. The offender is a public officer entrusted with the collection of
taxes, licenses, fees and other imposts;
b. He is guilty of any of the following acts or omissions:
i. Demanding, directly or indirectly, the payment of sums
different from or larger than those authorized by law; or
ii. ii. Failing voluntarily to issue a receipt, as provided by law,

for any sum of money collected by him officially; or
iii. Collecting or receiving, directly or indirectly, by way of
payment or otherwise, things or objects of a nature
Art. 214. Other frauds
Elements:
2. That he takes advantage of his official position;
3. That he commits any of the frauds or deceits enumerated in
Arts. 315 to 318 (estafa, other forms of swindling, swindling a
minor, and other deceits).
Art. 215. Prohibited Transactions
Elements:
1. That the offender is an appointive public officer;
2. That he becomes interested, directly or indirectly, in any
transaction of exchange or speculation;
3. That the transaction takes place within the territory subject to his
jurisdiction; and
4. That he becomes interested in the transaction during his
incumbency.
Note: Purchasing of stocks or shares in a company is simply an
investment and is not a violation of the Art. 215, but buying regularly
securities for resale is speculation.
Art. 216. Possession of prohibited interest by a public officer
Persons liable:
1. Public officer who, directly or indirectly, became interested in any
contract or business in which it was his official duty to intervene;
2. Experts, arbitrators, and private accountants who, in like
manner, took part in any contract or transaction connected with
the estate or property in the appraisal, distribution or
adjudication of which they had acted; and
3. Guardians and executors with respect to the property belonging
to their wards or the estate.
Art. 217. Malversation of public funds or property
Presumption of malversation
Acts punished
1. By appropriating public funds or property;
2. By taking or misappropriating the same;
3. By consenting, or through abandonment or negligence,
permitting any other person to take such public funds or
property; and
4. By being otherwise guilty of the misappropriation or malversation

of such funds or property.
Common elements:
1. That the offender be a public officer.
2. That he had custody or control of funds or property by reason of
the duties of his office
3. That those funds or property were public funds or property for
which he was accountable
4. That he appropriated, took, misappropriated or consented, or
through abandonment or negligence, permitted another person
to take them.
Note: Damage to the government is not necessary.
Art. 218. Failure of accountable officer to render accounts
Elements:
1. That the offender is a public officer, whether in the service or
separated therefrom;
2. That he must be an accountable officer for public funds or
property;
3. That he is required by law or regulation to render accounts to the
Commission on Audit, or to a provincial auditor; and
Note: Demand is not necessary. It is sufficient that a law or
regulation requires him to render an account.
4. That he fails to do so for a period of two months after such
accounts should be rendered.
Note: Misappropriation is not necessary. If there is
misappropriation, he would also be liable for malversation under
Art. 217.
Art. 219. Failure of responsible public officer to render
accounts before leaving the country
Elements:
2. That he must be an accountable officer for public funds or
property; and
3. That he must have unlawfully left, or be on the point of leaving,
the Philippines without securing from the COA a certificate
showing that his accounts have been finally settled.
Art. 220. Illegal use of public funds or property
Elements:
2. That there is a public fund or property under his administration;
3. That such public fund or property has been appropriated by law
or ordinance;
4. That he applies the same to a public use other than that for
which such funds or property has been appropriated by law or
ordinance.
Art. 221. Failure to make delivery of public funds or property
Acts Punished
1. By failing to make payment by a public officer who is under
obligation to make such payment from Government funds in his
possession; and
Elements:
a. That a public officer has government funds in his possession;
b. That he is under obligation to make payment from such funds;
and
c. That he maliciously fails to make the payment.
2. By refusing to make delivery by a public officer who has been
ordered by competent authority to deliver any property in his
custody or under his administration.
Elements:
b. That an order to deliver any property in his custody or under
his administration was given by a competent authority; and
c. That he refuses to make the delivery.
Art. 222. Officers included in the preceding provisions
Private individuals who may be liable under Art. 217-221:
1. Private individuals who, in any capacity whatsoever, have charge
of any national, provincial or municipal funds, revenue or
property
2. Administrator, depository of funds or property attached, seized,
or deposited by public authority even if such property belongs to
a private individual (example: sheriffs and receivers)
Art. 223. Conniving with or consenting to evasion
Elements:
2. That he had in his custody or charge, a prisoner, either detention
prisoner or prisoner by final judgment;
3. That such prisoner escaped from his custody; and
4. That he was in connivance with the prisoner in the latters
escape.
Art. 224. Evasion through negligence
Elements:
2. That he is charged with the conveyance or custody of a prisoner,
either detention prisoner or prisoner by final judgment; and
3. That such prisoner escapes through his negligence.

Art. 225. Escape of prisoner under the custody of a person not
a public officer
Elements:
1. That the offender is a private person;
2. That the conveyance or custody of a prisoner or person under
arrest is confided to him;
3. That the prisoner or person under arrest escapes; and
4. That the offender consents to the escape of the prisoner or
person under arrest, or that the escape takes place through his
negligence.
Art. 226. Removal, concealment, or destruction of documents
Elements:
1. That the offender be a public officer;
2. That he removes, conceals or destroys documents or papers;
3. That the said documents or papers should have been entrusted
to such public officer by reason of his office; and
4. That damage, whether serious or not, to a third party or to the
public interest should have been caused.
Art. 227. Officer breaking seal
Elements:
2. That he is charged with the custody of papers or property;
3. That these papers or property are sealed by proper authority;
and
4. That he breaks the seals or permits them to be broken.
Art. 228. Opening of closed documents
Elements:
2. That he is entrusted with any closed papers, documents, or
objects;
3. That he opens or permits to be opened said closed papers,
documents, or objects; and
4. That he does not have the proper authority.
Art. 229. Revelation of secrets by an officer
Acts punished
1. By revealing any secret known to the offending public officer by
reason of his official capacity.
Elements:
b. That he knows of the secret by reason of his official capacity;
c. That he reveals such secret without authority or justifiable

reasons;
d. That damage, great or small, be caused to public interest.
Note: Secrets must affect public interests, not secrets of private
individuals.
2. By delivering wrongfully papers or copies of papers of which he
may have charge and which should not be published.
Elements:
b. That he has charge of papers;
c. That those papers should not be published;
d. That he delivers those papers or copies thereof to a third
person;
e. That the delivery is wrongful; and
Note: If the papers wrongfully delivered do not contain
secrets, their removal for illicit purpose is infidelity in the
custody of documents.
f. That damage be caused to public interest.
Art. 230. Public officer revealing secrets of private individual
Elements:
2. That he knows of the secrets of a private individual by reason of
his office; and
3. That he reveals such secrets without authority or justifiable
reason.
Note: Revelation to one person is sufficient and that damage to
private individuals is not necessary.
CHAPTER SIX. OTHER OFFENSES OR IRREGULARITIES BY PUBLIC
OFFICERS
Section One. Disobedience,
Maltreatment of Prisoners
Refusal
of
Assistance
and
Art. 231. Open Disobedience

Elements:
1. That the offender is a judicial or executive officer;
2. That there is a judgment, decision or order of a superior
authority;
3. That such judgment, decision or order was made within the
scope of the jurisdiction of the superior authority and issued with
all the legal formalities; and
4. That the offender, without any legal justification, openly refuses
to execute the said judgment, decision or order of any superior
authority.
Art. 232. Disobedience to order of superior officer, when said

order was suspended by inferior officer
Elements:
2. That there is an order is issued by his superior for execution;
3. That he has for any reason suspended the execution of such
order;
4. That his superior disapproves the suspension of the execution of
the order; and
5. That the offender disobeys his superior despite the disapproval
of the suspension.
Art. 233. Refusal of assistance
Elements:
2. That a competent authority demands from the offender that he
lend his cooperation towards the administration of justice or
other public service; and
3. That the offender fails to do so maliciously.
Note: Damage to the public interest or to a third party is
essential.
Art. 234. Refusal to discharge elective office
Elements:
1. That the offender is elected by popular election to a public office;
2. That he refuses to be sworn in or to discharge the duties of said
office; and
3. That there is no legal motive for such refusal to be sworn in or to
discharge the duties of said office.
Art. 235. Maltreatment of prisoners
Elements:
2. That he has under his charge a prisoner or detention prisoner;
and
3. That he maltreats such prisoner in either of the following
manner:
a. By overdoing himself in the correction or handling of a
prisoner or detention prisoner under his charge either by the
imposition of punishments not authorized by the regulations
or by inflicting such punishments, those authorized, in a cruel
and humiliating manner; or
b. By maltreating such prisoner to extort a confession or to
obtain some information from the prisoner.
Section Two. Anticipation, Prolongation and Abandonment of

the Duties and Powers of Public Office
Art. 236. Anticipation of duties of a public office
Elements:
1. That the offender is entitled to hold a public office or
employment, either by election or appointment;
2. That the law requires that he should first be sworn in and/or
should first give a bond;
3. That he assumed the performance of the duties and powers of
such office; and
4. That he has not taken his oath of office and/or given the bond
required by law.
Art. 237. Prolonging performance of duties and powers
Elements:
1 That the offender is holding a public office;
5. That the period provided by law, regulations or special provisions
for holding such office, has already expired; and
6. That he continues to exercise the duties and powers of such
office.
Art. 238. Abandonment of office or position
Elements:
1 That the offender is a public officer;
7. That he formally resigns from his position;
8. That his resignation has not yet been accepted; and
9. That he abandons his office to the detriment of the public
service.
Section
Three.
Appointments
Usurpation
of
Powers
and
Unlawful
Art. 239. Usurpation of legislative powers

Elements:
1 That the offender is a judicial or executive officer; and
10.
That he:
a. Makes general rules and regulations beyond the scope of his
authority;
b. Attempts to repeal a law; or
c. Suspends the execution thereof.
Art. 240. Usurpation of executive functions
Elements:
1. That the offender is a judge; and
2. That he:
a. Assumes a power pertaining to the executive authorities; or

b. Obstructs the executive authorities in the lawful exercise of
their powers.
Art. 241. Usurpation of judicial functions
Elements:
1. That the offender is an officer of the executive branch of the
government; and
2. That he:
a. Assumes judicial powers; or
b. Obstructs the execution of any order or decision rendered by
any judge within his jurisdiction.
Art. 242. Disobeying request for disqualification
Elements:
2. That a proceeding is pending before such public officer;
3. That there is a question brought before the proper authority
regarding his jurisdiction, which is not yet decided;
4. That he has been lawfully required to refrain from continuing the
proceeding; and
5. That he continues the proceeding.
Art. 243. Orders or requests by executive officers to any
judicial authority
Elements:
1. That the offender is an executive officer;
2. That he addresses any order or suggestion to any judicial
authority; and
3. That the order or suggestion relates to any case or business
coming within the exclusive jurisdiction of the courts of justice.
Art. 244. Unlawful appointments
Elements:
2. That he nominates or appoints a person to a public office;
3. That such person lacks the legal qualifications therefor; and
4. That the offender knows that his nominee or appointee lacks the
qualifications at the time he made the nomination or
appointment.
Section Four. Abuses Against Chastity
Art. 245. Abuses against chastity
Acts punishable
1. By soliciting or making immoral or indecent advances to a

woman interested in matters pending before the offending officer
for decision, or with respect to which he is required to submit a
report or consult with a superior officer;
2. By soliciting or making immoral or indecent advances to a
woman under the offenders custody; or
3. By soliciting or making immoral or indecent advances to the wife,
daughter, sister or relative within the same degree by affinity of
any person in the custody of the offending warden or officer
Elements:
2. That he solicits or makes immoral or indecent advances; and
3. That such woman must be:
a. Interested in matters pending before the offending officer for
decision, or with respect to which he is required to submit a
report to or consult with a superior officer;
b. Under the custody of the offender who is a warden or other
public officer directly charged with the care and custody of
prisoners or persons under arrest; or
c. The wife, daughter, sister or relative within the same degree
by affinity of any person in the custody of the offender.
TITLE EIGHT. CRIMES AGAINST PERSONS
CHAPTER ONE. DESTRUCTION OF LIFE
Section One. Parricide, Murder, Homicide
Art. 246. Parricide
Elements:
1. That a person is killed;
2. That the deceased is killed by the accused; and
3. That the deceased is the father, mother, or child, whether
legitimate or illegitimate, or a legitimate other ascendant or
other descendant, or the legitimate spouse, of the accused.
Art. 247. Death or physical injuries inflicted under exceptional
circumstances
Elements:
1. That a legally married person or a parent surprises his spouse or
his daughter, the latter under 18 years of age and living with him
in the act of committing sexual intercourse with another person;
2. That he or she kill any or both of them or inflicts upon any or
both of them any serious physical injury in the act or
immediately thereafter; and
Note: The person claiming the benefits of Article 247 must

surprise his spouse or daughter under eighteen (18) years old
and living with him in the act of committing sexual intercourse
with another person.
3. That he has not promoted or facilitated the prostitution of his
wife or daughter, or that he or she has not consented to the
infidelity of the other spouse.
Art. 248. Murder
Elements:
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended by any of the 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 a price, reward, or promise;
c. By means of inundation, fire, poison, shipwreck, stranding of a
vessel, derailment or assault upon a railroad, fall of an airship,
by means of motor vehicles, or with the use of any other
means involving great waste and ruin;
d. On occasion of any 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 inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person
or corpse
4. That the killing is not parricide or infanticide.
Art. 249. Homicide
Elements:
1. That a person was killed;
2. That the accused killed him without any justifying circumstance;
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
circumstance of murder, or by that of parricide or infanticide.
Art. 251. Death caused in a tumultuous affray
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.
Art. 252. Physical injuries inflicted in a tumultuous affray
Elements:
1. That there is a tumultuous affray as referred to in Art. 251;
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 therefore cannot be identified; and
4. That all those who appear to have used violence upon the person
of the offended party are known.
Art. 253. Giving assistance to suicide
Acts punishable in giving assistance to suicide:
1. Assisting another to commit suicide, whether the suicide is
consummated or not; and
Elements:
a. Any person assisted another to commit suicide;
b. That such suicide is consummated or not.
2. Lending his assistance to another to commit suicide to the extent
of doing the killing himself.
Elements:
a. Any person lends his assistance to another to commit suicide;
b. That the assistance is to the extent of doing the killing
himself
c. That such suicide is consummated or not.
Art. 254. Discharge of firearms
Elements:
1. That the offender discharges a firearm against or at another
person; and
2. That the offender has no intention to kill that person.
Section Two. Infanticide and Abortion
Art. 255. Infanticide
Elements:
1. That a child was killed;
2. That the deceased child was less than three days (72 hours) of
age; and
3. That the accused killed the said child.
Art. 256. Intentional abortion

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; and
4. That the abortion is intended.
Art. 257. Unintentional abortion
Elements:
1. That there is a pregnant woman;
2. That violence is used upon such pregnant woman without
intending an abortion;
3. That the violence is intentionally exerted; and
4. That as a result of the violence, the fetus dies, either in the
womb or after having been expelled therefrom.
Art. 258. Abortion practiced by the woman herself or by her
parents.
Elements:
1. That there is a pregnant woman who has suffered an abortion;
2. That the abortion was 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.
Art. 259. Abortion practiced by a physician or midwife
Elements of abortion practiced by a physician or midwife:
1. That there is a pregnant woman who suffered an abortion;
2. That the abortion was 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
Elements of abortion practiced by pharmacists:
1. That the offender is a pharmacist;
2. That there is no proper prescription from a physician; and
3. That the offender dispenses any abortive.
Section Three. Duel

Art. 260. Responsibility of participants in a duel
Acts punishable in duel:
1. Killing ones adversary in a duel;
Elements:
a. That there is a formal agreement to fight with another party,
under determined conditions and with the participation and
intervention of seconds, who fix such conditions;
b. That one party killed his adversary.
2. Inflicting upon such adversary physical injuries; and
Elements:
b. That one party injured his adversary.
3. Making a combat although no physical injuries have been
inflicted.
Elements:
b. That the parties made combat; and
c. That no physical injuries have been inflicted.
Art. 261. Challenging to a duel
Acts punishable in challenging to a duel:
1. Challenging another to a duel;
Elements:
a. That a person challenges another to a formal agreement to
fight with another party, under determined conditions and
with the participation and intervention of seconds, who fix
such conditions.
2. Inciting another to give or accept a challenge to a duel; and
Elements:
a. That a person incites another to give a formal agreement to
fight with another party, under determined conditions and
such conditions; or
b. That a person incites another to accept a formal agreement
to fight with another party, under determined conditions and
such conditions.
3. Scoffing or decrying another publicly for having refused to accept
a challenge to fight a duel.
Elements:
a. That a person scoffed at another publicly for refusing to

accept the formal agreement to fight with another party,
intervention of seconds, who fix such conditions.
CHAPTER TWO. PHYSICAL INJURIES
Art. 262. Mutilation
Kinds of mutilation:
1. Intentionally mutilating another by depriving him, either totally
or partially, of some essential organ for reproduction (castration);
or
Elements:
a. That there be castration, that is, mutilation of organs
necessary for reproduction, such as penis or ovarium; and
b. That the mutilation is caused purposely and deliberately, that
is, to deprive the offended party of some essential organ for
reproduction.
2. Intentionally making other mutilation, that is, by lopping or
clipping off any part of the body of the offended party, other than
the essential organ for reproduction, to deprive him of that part
of his body (mayhem).
Elements:
a. That there be mayhem, that is, mutilation of parts of the body
other than reproductive organs; and
b. That the mutilation is caused purposely and deliberately.
Art. 263. Serious physical injuries
The following are 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, or
loses an eye, a hand, a foot, an arm, or a leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which he was
therefore habitually engaged, in consequence of the physical
injuries inflicted;
3. When the person injured:
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 was habitually engaged for more than 90 days, in
consequence of the physical injuries inflicted.
4. When the injured person becomes ill or incapacitated for labor

for more than 30 days (but must not be more than 90 days), as a
result of the physical injuries inflicted.
Elements of serious physical injuries:
1. That the offender commits serious physical injuries by means of:
a. Wounding;
b. Beating;
c. Assaulting; or
d. Administering injurious substance (Art. 264);
2. That there is no intent to kill when the serious physical injuries
were inflicted.
Art. 264. Administering injurious substances
Elements:
1. That the offender inflicted upon another 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. That he had no intent to kill.
Art. 265. Less serious physical injuries
Elements:
1. The offender inflicts physical injuries upon another;
2. Such injuries do not constitute serious physical injuries;
3. Such injuries incapacitate the victim from labor for ten (10) days
or more but not more than thirty (30) days, or needs medical
attendance for the same period; and
4. There is no intent to kill.
Art. 266. Slight physical injuries and maltreatment
Kinds of slight physical injuries:
1. Physical injuries which incapacitated the offended party for labor
from one (1) to nine
(9) days, or shall require medical
attendance during the same period;
Elements:
a. The offender inflicts physical injuries upon another;
b. Such injuries do not constitute serious or less serious physical
injuries;
c. Such injuries incapacitated the victim from labor from one (1)
to nine (9) days, or needs medical attendance for the same
period; and
d. There is no intent to kill.
2. Physical injuries which did not prevent the offended party from
engaging in his habitual work or which did not require medical
attendance; or
Elements:
a. The offender inflicts physical injuries upon another;
b. Such injuries do not constitute serious or less serious physical
injuries or do not incapacitate the victim from labor from one
(1) to nine (9) days, or do not require the medical attendance
for the same period; and
c. There is no intent to kill.
3. Ill-treatment of another by deed without causing any injury.
Elements:
a. The offender maltreats another;
b. Such maltreatment does not cause any physical injury upon
another.
CHAPTER THREE. RAPE
Art. 266-A. Rape; When and how committed
Two kinds of rape:
1. Rape by sexual intercourse; and
Elements:
a. That the offender is a man;
b. That the offender had carnal knowledge with a woman; and
c. That such act is accomplished under any of the following
circumstances:
i. Through force, threat or intimidation;
ii. When the offended party is deprived of reason or
otherwise unconscious;
iii. By means of fraudulent machinations or grave abuse of
authority; or
iv. 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. Rape through sexual assault.
a. That the offender commits an act of sexual assault;
b. That the act of sexual assault is committed by any of the
following means:
i. By inserting his penis into another persons mouth or anal
orifice; or
ii. By inserting any instrument or object into the genital or
anal orifice of another person; and
c. That the act of sexual assault is accomplished under any of
the circumstances enumerated under the first act of
committing rape, such as:
i. Through force, threat or intimidation;
ii. When the offended party is deprived of reason or

otherwise unconscious;
iii. By means of fraudulent machinations or grave abuse of
authority; or
iv. When the offended party is under twelve (12) years of age
or is demented, even though none of the circumstances
mentioned above be present.
TITLE NINE. CRIMES AGAINST PERSONAL
SECURITY
CHAPTER ONE. CRIMES AGAINST LIBERTY
LIBERTY
AND
Section One. Illegal Detention

Art. 267. Kidnapping and serious illegal detention
Elements:
1. That the offender is a private individual who is not any of the
parents of the victim or a female;
2. That he kidnaps or detains another, or in any other manner
deprives the latter of his 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 is present:
a. That the kidnapping or detention lasts for more than three (3)
days;
b. That it is committed simulating public authority;
c. That any serious physical injuries are inflicted upon the
person kidnapped or detained or threats to kill him are made;
or
d. That the person kidnapped or detained is a minor, female, or
a public officer.
Art. 268. Slight illegal detention
Elements:
1. That the offender is a private individual;
2. That he kidnaps or detains another, or in any other manner
deprives the latter of his liberty;
3. That the act of detention or kidnapping must be illegal; and
4. That the crime is committed without the attendance of the
circumstances enumerated in Article 267, which are the
following:
a. That the kidnapping or detention lasts for more than three (3)
days;
b. That it is committed simulating public authority;
c. That any serious physical injuries are inflicted upon the

person kidnapped or detained or threats to kill him are made;
or
d. That the person kidnapped or detained is a minor, female, or
a public officer.
11.
Art. 269. Unlawful arrest
Elements:
1. That the offender arrests or detains another person;
2. That the arrest or detention is not authorized by law or there is
no reasonable ground therefor; and
3. That the purpose of the offender is to deliver him to the proper
authorities.
Section Two. Kidnapping of Minors
Art. 270. Kidnapping and failure to return a minor
Elements:
1. That the offender is entrusted with the custody of a minor person
(less than 18 years old); and
2. That he deliberately fails to restore the said minor to his parents
or guardian.
ART. 271. Inducing a minor to abandon his home
Elements:
1. That a minor (less than 18 years old) is living in the home of his
parents or guardian or the person entrusted with his custody;
and
2. That the offender induces said minor to abandon such home.
Section Three. Slavery and Servitude
Art. 272. Slavery
Elements:
1. That the offender purchases, sells, kidnaps, or detains a human
being; and
2. That the purpose of the offender is to enslave such human being.
Art. 273. Exploitation of child labor
Elements:
1. That the offender retains a minor in his service;
2. That it is against the will of the minor; and
3. That it is under the pretext of reimbursing himself of a debt
incurred by an ascendant, guardian, or person entrusted with the
custody of such minor.
Art. 274. Services rendered under compulsion in payment of

debt
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.
CHAPTER TWO. CRIMES AGAINST SECURITY
Section One. Abandonment
Exploitation of Minors
of
Helpless
Persons
and
Art. 275. Abandonment of persons in danger and abandonment

of ones own victim
Acts punishable
1. Failing to render assistance to any person whom the offender
finds in an uninhabited place wounded or in danger of dying
when he can render such assistance without detriment to
himself, unless such omission shall constitute a more serious
offense;
Elements:
a. The place is uninhabited;
b. The accused found there a person wounded or in danger of
dying;
c. The accused can render assistance without detriment to
himself; and
d. The accused fails to render assistance.
2. Failing to help or render assistance to another whom the offender
has accidentally wounded or injured; and
Elements:
a. The accused accidentally wounded or injured another; and
b. The accused fails to render assistance to such person.
3. Failing to deliver a child, under seven (7) years of age, whom the
offender has found abandoned, to the authorities or to his family,
or by failing to take him to a safe place.
Elements:
a. The accused has found an child;
b. That such child is under seven (7) years of age;
c. That such child has been abandoned; and
d. The accused failed to deliver such child to the authorities or
to his family or has failed to take such child to a safe place.
Art. 276. Abandoning a minor
Elements:
1. That the offender has the custody of a child;
2. That the child is under seven (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.
Art. 277. Abandonment of Minor by Person Entrusted With His
Custody; Indifference of Parents
Acts punishable
1. Delivering a minor to a public institution or other persons without
the consent of the one who entrusted such minor to the care of
the offender or, in the absence of that one, without the consent
of the proper authorities (abandonment of minor by person
entrusted with his custody); and
Elements:
a. That the offender has charge of the rearing or education of a
minor;
b. That 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. Neglecting his (offenders) children by not giving them the
education which their station in life requires and financial
condition permits (indifference of parents).
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.
Art. 278. Exploitation of Minors
Acts punishable
1. Causing any boy or girl under 16 years of age to perform any
dangerous feat of balancing, physical strength, or contortion, the
offender being any person;
Elements:
a. The offender is any person;
b. Such person causes any boy or girl under 16 years of age; and
c. To perform any dangerous feat of balancing, physical strength,
or contortion.
2. Employing children under 16 years of age who are not children or
descendants of the offender in exhibitions of acrobat, gymnast,
rope-walker, diver, or wild animal tamer, the offender being an
acrobat, etc., or circus manager or engaged in a similar calling.
3.
4.
5.
i.
ii.
Elements:
a. The offender is an acrobat, etc., or circus manager or engaged
in a similar calling;
b. Such person employs children under 16 years of age who are
not his children or descendants; and
c. Employs the child in exhibitions of acrobat, gymnast, ropewalker, diver, or wild animal tamer.
Employing any descendant under 12 years of age in dangerous
exhibitions enumerated in the next preceding paragraph, the
offender being engaged in any of said callings;
Elements:
a. The offender is engaged in any of said callings;
b. Employs his descendant under 12 years of age; and
c. Employs such descendant in dangerous exhibitions
enumerated in the next preceding paragraph.
Delivering a child under 16 years of age gratuitously to any
person following any calling 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; and
Elements:
a. The offender being an ascendant, guardian, teacher, or
person entrusted in any capacity with the care of such child;
b. Such offender delivers a child under 16 years of age
gratuitously to any person following any calling enumerated in
paragraph 2, or to any habitual vagrant or beggar.
Inducing any child under 16 years of age to abandon the home of
its ascendants, guardians, curators or teachers to follow any
person engaged in any calling mentioned in paragraph 2, or to
accompany any habitual vagrant or beggar, the offender being
any person.
Elements:
a. The offender being any person;
b. The offender induces any child under 16 years of age to:
Abandon the home of its ascendants, guardians, curators or
teachers to follow any person engaged in any calling mentioned
in paragraph 2; or
Accompany any habitual vagrant or beggar.
Section Two. Trespass to Dwelling

Art. 280. Qualified trespass to dwelling
Elements of trespass to dwelling:
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.
Note: If committed by means of violence or intimidation, offense

is qualified trespass to dwelling.
Art. 281. Other forms of trespass
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.
Section Three. Threats and Coercion
Art. 282. Grave threats
Acts punished:
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.
(with condition)
Elements of Grave Threats where the offender attained his
purpose:
a. That the offender threatens another person with the infliction
upon the latters person, honor or property, or upon that of
the latters family, of any wrong;
b. That such wrong amounts to a crime;
c. That there is a demand for money or that any other condition
is imposed, even though not unlawful;
d. That the offender attains his purpose.
2. By making such threat without the offender attaining his
purpose. (with condition; elements for this act are the same with
the first except that the purpose is not attained.)
Elements of Grave Threats where the offender did not attain his
purpose:
upon the latters person, honor or property, or upon that of
the latters family, of any wrong;
b. That such wrong amounts to a crime;
c. That there is a demand for money or that any other condition
is imposed, even though not unlawful;
d. That the offender did not attain his purpose.
Note: If threat was made in writing or through a middleman,
offense is qualified. The penalty is to be imposed in its
maximum period.
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. (without
condition)
Elements of Grave Threats not subject to a condition:
upon the latters person, honor, or property, or upon that of
the latters family, of any wrong.
b. That such wrong amounts to a crime.
c. That the threat is not subject to a condition.
Art. 283. Light threats
Elements:
1. That the offender makes a threat to commit a wrong;
2. That the wrong does not constitute a crime;
3. That there is a demand for money or that other condition is
imposed even though not unlawful; and
4. That the offender has attained his purpose or, that he has not
attained his purpose.
Art. 284. Bond for good behavior
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.
Art. 285. Other light threats
Prohibited Acts:
1. Threatening another with a weapon, or drawing such weapon in a
quarrel, unless it be in lawful self-defense;
2. Orally threatening another, in the heat of anger, with some harm
constituting a crime, without persisting in the idea involved in his
threat; and
3. Orally threatening to do another any harm not constituting a
felony.
Art. 286. Grave Coercion
Two Ways of Committing Grave Coercion:
1. By preventing another by means of violence, threats or
intimidation, from doing something not prohibited by law.
(Preventive)
2. By compelling another, by means of violence, threats or
intimidation, to do something against his will, whether it be right
or wrong. (Compulsive)
Elements of grave coercion:

1. That the offender prevented another from doing something not
prohibited by law, or compelled him to do something against his
will, be it right or wrong;
2. That the prevention or compulsion was effected by violence,
threats or intimidation; and
3. That the offender that restrained the will and liberty of another
has no right to do so, or in other words, that the restraint is not
made under authority of law or in the exercise of any lawful right.
Art. 287. Light coercion
Elements of light coercion (Paragraph 1):
1. That the offender must be a creditor;
2. That he seizes anything belonging to his debtor;
3. That the seizure of the thing be accomplished by means of
violence or a display of material force producing intimidation;
and
4. That the purpose of the offender is to apply the same to the
payment of the debt.
Elements of unjust vexation (Paragraph 2):
1. That the offender unjustly annoyed or vexed an innocent person;
and
2. That the element of violence is absent.
Art. 288. Other similar coercions (Compulsory purchase of
merchandise & payment of wages by means of tokens)
Prohibited acts:
1. Forcing or compelling, directly or indirectly, or knowingly
permitting the forcing or compelling of the laborer or employee
of the offender to purchase merchandise or commodities of any
kind from him
Elements:
a. That the offender is any person, agent or officer of any
association or corporation;
b. That he or such firm or corporation has employed laborers or
employees; and
c. That he forces or compels, directly or indirectly, or knowingly
permits to be forced or compelled, any of his or its laborers or
employees to purchase merchandise or commodities of any
kind from him or from said firm or corporation.
2. Paying the wages due his laborer or employee by means of
tokens or objects other than the legal tender currency of the
Philippines, unless expressly requested by such laborer or
employee
Elements:
a. That the offender pays the wages due a laborer or employee

employed by him by means of tokens or objects;
b. That those tokens or objects are other than the legal tender
currency of the Philippines; and
c. That such employee or laborer does not expressly request
that he be paid by means of tokens or objects.
Art.
289.
Formation,
maintenance,
&
prohibition
of
combination of capital or labor through violence or threats
Elements:
1. That the offender employs violence or threats, in such a degree
as to compel or force the laborers or employers in the free and
legal exercise of their industry or work; and
2. That the purpose is to organize, maintain or prevent coalitions of
capital or laborers or lockout of employers.
CHAPTER THREE. DISCOVERY AND REVELATION OF SECRETS
Art.
290.
Discovering
secrets
through
seizure
of
correspondence
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 other person;
and
4. That the offender is informed of the contents of the papers or
letters seized.
Note: The offense is qualified if the offender reveals the
contents of such paper or letters of another to a third person.
Art. 291. Revealing secrets with abuse of office
Elements:
1. That the offender is a manager, employee or servant;
2. That he learns the secrets of his principal or master in such
capacity; and
3. That he reveals such secrets.
Art. 292. Revelation of industrial secrets
Elements:
1. That the offender is a person in charge, employee or workman of
a manufacturing or industrial establishment;
2. That the manufacturing/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.
TITLE X. CRIMES AGAINST PROPERTY

CHAPTER ONE. ROBBERY IN GENERAL
Art. 293. Who are guilty of robbery
Classification of Robbery:
1. Robbery with violence against, or intimidation of persons (Arts.
294, 297 and 298).
2. Robbery by use of force upon things (Arts. 299 and 302).
Elements of Robbery in general:
1. That there be personal property (bienes muebles) belonging to
another;
2. That there is unlawful taking (apoderamiento or asportacion) of
that property;
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 used upon things.
Section One. Robbery With Violence Against or Intimidation of
Persons
Art. 294. Robbery with violence against or intimidation of
persons
Acts Punished
1. When by reason or on occasion of the robbery, the crime of
homicide is committed;
Elements of robbery with homicide:
a. The taking of personal property with the use of violence or
intimidation against a person;
b. The property thus taken belongs to another;
c. The taking is characterized by intent to gain or animus
lucrandi; and
d. On the occasion of the robbery or by reason thereof, the
crime of homicide, which is therein used in a generic sense,
was committed.
Note: Homicide is said to have been committed by reason or
on the occasion of robbery if it was perpetrated to:
i. Facilitate the robbery or the escape of the culprit;
ii. Preserve the possession by the culprit of the loot;
iii. Prevent discovery of the commission of the robbery; or
iv. Eliminate witnesses in the commission of the crime.
2. When the robbery is accompanied by rape or intentional
mutilation or arson;
Elements of robbery with rape:
3.
4.
5.
6.
7.
8.
a. The taking of personal property is committed with violence or

intimidation against a person;
b. The property taken belongs to another;
c. The taking is done with animus lucrandi; and
d. The robbery is accompanied by rape.
When by reason or on occasion of such robbery any of the
physical injuries resulting in insanity, imbecility, impotency or
blindness is inflicted (subdivision 1 of Art. 263);
When by reason or on occasion of robbery, any of the physical
injuries penalized in subdivision 2 of Art. 263 is inflicted;
When the person injured:
a. Loses the use of speech or the power to hear or to smell, or
loses an eye, a hand, a foot, an arm, or a leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which he was therefore
habitually engaged, in consequence of the physical injuries
inflicted;
If the violence or intimidation employed in the commission of the
robbery is carried to a degree clearly unnecessary for the
commission of the crime;
When, in the course of its execution, the offender shall have
inflicted upon any person not responsible for the commission of
robbery physical injuries in consequence of which the person:
a. Becomes deformed;
b. Loses any other member of his body;
c. Loses the use thereof;
d. Becomes ill or incapacitated for the performance of the work
in which he was habitually engaged for more than 90 days; or
e. Becomes ill or incapacitated for labor for more than 30 days
(but must not be more than 90 days), as a result of the
physical injuries inflicted.
If the violence employed by the offender does not cause any of
the serious physical injuries defined in Art. 263, or if the offender
employs intimidation only (simple robbery).
Art. 295. Robbery with physical injuries, committed in an

uninhabited place by a band or with the use of firearm on a
street, road or alley
There is qualified robbery with violence against or intimidation of
persons if subdivisions 3, 4, and 5 of Art. 294 is committed:
1. In an uninhabited place (despoblado); or
2. By a band (en cuadrilla); 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 by surprise in their respective
conveyances; or
5. On a street, road, highway, or alley, and the intimidation is made
with use of firearms, the offender shall be punished by the
maximum period or the proper penalties prescribed in Art. 294.
Art. 296. Definition of a band and penalty incurred by the
members thereof
Outline of the provisions:
1. When at least four armed malefactors take part in the
commission of a robbery, it is deemed committed by a band.
2. When any of the arms used in the commission of robbery is not
licensed, the penalty upon all malefactors shall be the maximum
of the corresponding penalty provided by law without prejudice
to the criminal liability for illegal possession of firearms.
3. Any member by a band who was present at the commission of a
robbery by the band, shall be punished as principal of any
assaults committed by the band, unless it be shown that he
attempted to prevent the same.
Requisites for liability for the acts of other members of the band:
1. He was a member of the band;
2. He was present at the commission of a robbery by that band;
3. The other members of that band committed an assault; and
4. He did not attempt to prevent the assault.
Art. 297. Attempted and frustrated robbery committed under
certain circumstances
Rules when physical injuries resulted in the occasion of an
attempted or frustrated robbery
If physical injuries were inflicted on the victim, but no intent to kill was
proved and the victim did not die, the liability of the offender may be
as follows:
1. If the physical injuries were by reason of the attempted or
frustrated robbery as the means for the commission of the latter,
the injuries are absorbed by the latter and the crime shall only
be attempted or frustrated robbery.
2. If the physical injuries were inflicted only on the occasion of the
aborted robbery but not employed as a means of committing the
latter, these will be separate crimes of attempted or frustrated
robbery and physical injuries.
3. If both killing and physical injuries were committed on that
occasion, the crime will be penalized in accordance with Art. 297
but the physical injuries will be absorbed.
ART. 298. Execution of deeds by means of violence or

intimidation
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.
Section Two. Robbery by the Use of Force Upon Things
Art. 299. Robbery in an inhabited house/public building or
edifice devoted to worship
Elements: (Subdivision A)
1. The offender entered:
a. An inhabited house;
Note: An inhabited house is any shelter, ship, or vessel
constituting the dwelling of one or more persons even though
the inhabitants thereof are temporarily absent therefrom
when the robbery is committed.
b. A public building; or
Note: Public building is every building owned by the
Government or belonging to a private person but used or
rented by the Government, although temporarily unoccupied
by the same.
c. An edifice devoted to religious worship;
2. The entrance was effected by any of the following means:
a. Through an opening not intended for entrance or egress;
b. By breaking any wall, roof, floor, door, or window;
c. By using false keys, picklocks or similar tools; or
Note: False keys are genuine keys stolen from the owner or
any keys other than those intended by the owner for the use
in the lock forcibly opened by the offender. It also includes
picklocks and other similar tools under Art. 304.
d. By using any fictitious name or pretending the exercise of
public authority.
3. That once inside the building, the offender took personal
property belonging to another with intent to gain.
Elements: (Subdivision B)
1. Offender is inside a dwelling house, public building or edifice
devoted to religious worship, regardless of the circumstances
under which he entered it.
2. The offender takes personal property belonging to another with
intent to gain under any of the following circumstances:
a. By the breaking of internal doors, wardrobes, chests, or any
other kind of sealed furniture or receptacle; and
b. By taking such furniture or objects away to be broken open

outside the place of the robbery.
Note: Robbery with force upon things is qualified when committed in
and uninhabited place AND by a band, as distinguished from robbery
with violence against or intimidation of persons, which is qualified if
committed in an uninhabited place OR by a band.
Art.. 302. Robbery in an uninhabited place or in a private
building
Elements:
1. That the offender entered an uninhabited place or a building
which was not a dwelling house, not a public building, or not an
edifice devoted to religious worship;
2. That any of the following circumstances was present:
a. The 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.
Art. 303. Robbery of cereals, fruits, or firewood in an
uninhabited place or private building
Rules in cases of robbery of cereals, fruits or firewood
1. Penalty is one degree lower when cereals, fruits, or firewood are
taken in robbery with force upon things;
2. Cereals are seedlings which are the immediate product of the soil;
and
3. The palay must be kept by the owner as seedling or taken for
that purpose by the robbers.
Art. 304. Possession of picklocks or similar tools
Elements:
1. That the offender has in his possession picklocks or similar tools;
2. That such picklocks or similar tools are specially adopted to the
commission of robbery; and
3. That the offender does not have lawful cause for such possession.
Art. 305. False keys
Inclusions:
1. Tools not mentioned in the next preceding Article;

2. Genuine keys stolen from the owner;
3. Any keys other than those intended by the owner for use in the
lock forcibly opened by the offender.
CHAPTER TWO. BRIGANDAGE
Art. 306. Brigandage
Elements:
1. That there be at least four armed persons;
2. That they formed a band of robbers;
Note: All are presumed to be highway robbers or brigands, if any
of them carry unlicensed firearm.
3. That the purpose is any of the following:
a. To commit robbery in a highway; or
b. To kidnap persons for the purpose of extortion or to obtain
ransom; or
c. To attain by means of force or violence any other purpose
Art. 307. Aiding or abetting a band of brigands
Elements:
1. That there is a band of brigands;
2. That the offender knows the band to be of brigands;
3. That the offender does any of the following acts:
a. That he aids, abets, or protects such band of brigands;
b. That he gives them information on the movements of the
police or other peace officers of the government; or
c. That he acquires or receives property taken by such brigands.
CHAPTER THREE. THEFT
Art. 308. Who are liable for theft
Theft is committed by any person who, with intent to gain but without
violence or intimidation of persons nor force upon things, shall take the
personal property of another without the latters consent.
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 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;
Elements:
a. That another person lost a property;
b. That the offender found such property; and
c. That he fails to deliver the same to the local authorities or to
its owner
It is necessary to prove:
a. The time of the seizure of the thing;
b. That it was a lost property belonging to another; and
c. That the accused having had the opportunity to return or
deliver the lost property to its owner or to the local
authorities, refrained from doing so.
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;
Elements:
a. That the offender maliciously damaged the property of
another; and
b. That he removes or makes use of the fruits or object of the
damage he has caused.
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:
a. That there is an enclosed estate or a field where trespass is
forbidden or which belongs to another;
b. That the offender enters the same;
c. 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
d. That the hunting or fishing or gathering of products is without
the consent of the owner.
Art. 310. Qualified theft
There is qualified theft in the following instances:
1. If theft is committed by a domestic servant;
2. If committed with grave abuse of confidence;
3. If the property stolen is (a) motor vehicle, (b) mail matter or (c)
large cattle;
4. If the property stolen consists of coconuts taken from the
premises of plantation;
5. If the property stolen is taken from a fishpond or fishery; or
6. If property is taken on the occasion of fire, earthquake, typhoon,

volcanic eruption, or any other calamity, vehicular accident or
civil disturbance.
Elements:
1. Taking of personal property;
2. That the said property belongs to another;
3. That the said taking be done with intent to gain;
4. That it be done without the owners consent;
5. That it be accomplished without the use of violence or
intimidation against persons, nor of force upon things; and
6. That it be done with grave abuse of confidence.
Art. 311. Theft of the property of the National Library and
National Museum
Theft of property on National Library and Museum has a fixed penalty
regardless of its value. But if the crime is committed with grave abuse
of confidence, the penalty for qualified theft shall be imposed, because
Art 311 says unless a higher penalty should be provided under the
provisions of this Code.
CHAPTER FOUR. USURPATION
Art. 312. Occupation of real property or usurpation of real
rights in property
Acts punishable
1. Taking possession of any real property belonging to another by
means of violence against or intimidation of persons.
2. Usurping any real rights in property belonging to another by
means of violence against or intimidation of persons.
Elements:
1. That the offender takes possession of any real property or usurps
any real rights in property;
2. That the real property or real rights belong to another;
3. That violence against or intimidation of persons is used by the
offender in occupying real property or usurping real property or
usurping real right in property; and
4. That there is intent to gain.
Art. 313. Altering boundaries or landmark
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.
CHAPTER FIVE. CULPABLE INSOLVENCY

Art. 314. Fraudulent insolvency
Elements:
1. That the offender is a debtor, that is, he has obligations due and
demandable;
2. That he absconds with his property; and
3. That there be prejudice to his creditors.
CHAPTER SIX. SWINDLING AND OTHER DECEITS
Art. 315. Swindling (estafa)
Art. 315 has three subdivisions classifying the different forms of estafa
according to the means by which the fraud is committed. Thus, estafa
is committed:
1. With unfaithfulness or abuse of confidence;
2. By means of false pretenses or fraudulent acts; or
3. Through fraudulent means.
The three ways of committing estafa may be reduced to two only. The
first form under subdivision No. 1 is known as estafa with abuse of
confidence, and the second and third forms under subdivision Nos. 2
and 3 cover estafa by means of deceit.
Elements of estafa general:
1. That the accused defrauded another by abuse of confidence, or
by means of deceit; and
2. That the damage or prejudice capable of pecuniary estimation is
caused to the offended party or third persons.
I. Estafa with Unfaithfulness or Abuse of Confidence
A. Estafa with unfaithfulness (Article 315, No. 1-A)
Elements of estafa with unfaithfulness:
1. That the offender has an onerous obligation to deliver something
of value;
2. That he alters its substance, quantity or quality; and
3. That damage or prejudice capable of pecuniary estimation is
caused to the offended party or third persons.
B. Estafa with abuse of confidence (Article 315 No.1-B)
Elements of estafa with abuse of confidence:
1. That money, goods, or other personal property be received by
the offender in trust, or on commission, or for administration, or
under any other obligation involving the duty to make delivery
of, or to return, the same;
2. That there be misappropriation or conversion of such money or

property by the offender, or denial on his part of such receipt;
3. That such misappropriation or conversion or denial is to the
prejudice of another; and
Note: It is not necessary that the offender should obtain gain.
4. That there is demand made by the offender party to the offender.
Note: This is the only kind of estafa under Art. 315 where
demand may be required.
Three (3) ways of committing estafa with abuse of confidence:
1. By misappropriating the thing received;
2. By converting the thing received; and
3. By denying that the thing was received.
C. Estafa by taking undue advantage of the signature in
blank (Article 315, No. 1-C)
Elements of estafa by taking undue advantage of the signature in
blank:
1. That the paper with the signature of the offended party be in
blank;
2. That the offended party should have delivered it to the offender;
3. That above the signature of the offended party a document is
written by the offender without authority to do so; and
4. That the document so written creates a liability of, or causes
damage to the offended party or any third person.
II. Estafa by Means of Deceit (Article 315, No. 2)
Elements of estafa by means of deceit:
1. That there must be false pretense, fraudulent act or fraudulent
means;
2. That such false pretense, act or fraudulent means must be made
or executed prior to or simultaneously with the commission of
fraud.
3. That the offended party must have relied on the false pretense,
fraudulent act, or fraudulent means, that is, he was induced to
part with his money or property because of fraudulent means;
and
4. That as a result thereof, the offended party suffered damage.
Ways of committing estafa by means of deceit:
A. Art. 315 No. 2 (A):
1. By using a fictitious name.
2. By falsely pretending to possess (a) power, (b) influence, (c)
qualifications, (d) property, (e) credit, (f) agency, (g) business or
imaginary transactions.
3. By means of other similar deceits.
B. Art. 315 No. 2 (B)

By altering, the quality, fineness or weight of anything pertaining to
his business.
C. Art. 315 No. 2 (C)
By pretending to have bribed any Government employee.
D. Art. 315 No. 2 (D)
Elements:
1. That the offender postdated a check, or issued a check in
payment of an obligation; and
2. That such postdating or issuing a check was done when the
offender had no funds in the bank, or his funds deposited therein
were not sufficient to cover the amount of the check.
E. Art. 315, No. 2(E)
1. By obtaining food, refreshment or accommodation at hotel, inn,
restaurant, boarding house, lodging house or apartment house
without paying thereof, with intent to defraud the proprietor or
manager thereof;
2. By obtaining credit at any of the said establishments by the use
of any false pretense; and
3. By abandoning or surreptitiously removing any part of his
baggage from any of the said establishment after obtaining
credit, food, refreshment or accommodation
III.Estafa Through the Following Means
A. Estafa by inducing another to sign any document (Article
315 No. 3A)
Elements:
1. That the offender induced the offended party to sign a
document;
2. That deceit be employed to make him sign the document;
3. That the offended party personally signed the document;
4. That prejudice be caused.
B. Estafa by resorting to some fraudulent practice to insure
success in gambling (Article 315 No. 3B)
C. Estafa by removing, concealing or destroying documents
(Article 315 No. 3C)
Elements:
1. That there be court record, office files, documents or any other
papers;
2. That the offender removed, concealed or destroyed any of them;

and
3. That the offender had intent to defraud another.
Art. 316. Other forms of swindling
Persons liable:
1. Any person who, pretending to be the owner of any real property,
shall convey, sell, encumber or mortgage the same.
Elements:
a. That the thing be immovable, such as a parcel of land or a
building; (property must actually exist)
b. That the offender who is not the owner of said property should
represent that he is the owner thereof;
b. That the offender should have executed an act of ownership
(selling, leasing, encumbering or mortgaging the real
property); and
c. That the act be made to the prejudice of the owner or a third
person.
2. Any person who, knowing that real property is encumbered, shall
dispose of the same, although such encumbrance be not
recorded.
Elements:
a. That the thing disposed of be real property;
b. That the offender knew that the real property was
encumbered, whether the encumbrance is recorded or not
(principle of constructive notice does not apply);
b. That there must be express representation by the offender
that the real property is free from encumbrance; and
c. That the act of disposing of the real property be made to the
damage of another.
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.
Elements:
a. That the offender is the owner of personal property;
b. That said personal property is in the lawful possession of
another;
c. That the offender wrongfully takes it from its lawful
possessor; and
d. That prejudice is thereby caused to the possessor or third
person.
4. Any person who, to the prejudice of another, shall execute any
fictitious contract.
Elements:
a. That the offender executes any fictitious contract; and
b. That such contract is to the prejudice of another.
5. Any person who shall accept any compensation for services not
rendered or for labor not performed.
Elements:
a. That the offender did not render services or did not perform
labor; and
b. That he, nevertheless, accepts compensation for the same.
6. Any person who shall sell, mortgage or encumber real property
with which the offender guaranteed the fulfillment of his
obligation as surety.
Elements:
a. That the offender is a surety in a bond given in a criminal or
civil action;
b. That he guaranteed the fulfillment of such obligation with his
real property or properties;
c. That he sells, mortgages, or, in any manner encumbers said
real property; and
d. That such sale, mortgage or encumbrance is (1) without
express authority from the court, or (2) made before the
cancellation of his bond, or (3) before being relieved from the
obligation contracted by him.
Art. 317. Swindling a minor
Elements:
1. That the offender takes advantage of the inexperience or
emotions or feelings of a minor;
2. That he induces such minor to assume an obligation, or to give
release, or to execute a transfer of any property right;
3. That the consideration is some loan of money, credit, or other
personal property; and
4. That the transaction is to the detriment of such minor.
Art. 318. Other deceits
Acts Punished
1. By defrauding or damaging another by any other deceit not
mentioned in the preceding articles.
Elements:
a. That the offender employed any other deceit not mentioned in
the preceding articles; and
b. That he defrauded and damaged another.
2. By interpreting dreams, by making forecasts, telling fortunes, by
taking advantage of the credulity of the public in any other
manner, for profit or gain.
Elements:
a. That the offender either:
i. Interprets dreams;
ii. Makes forecasts;
iii. Tells fortunes; or

iv. Takes advantage of the credulity of the public in any
manner; and
b. That he does such acts for profit or gain.
CHAPTER SEVEN. CHATTEL MORTGAGE
Art. 319. Removal, sale or pledge of mortgaged property
Acts punishable
1. Removal of Mortgaged Property
Knowingly removing any personal property mortgaged under the
Chattel Mortgage Law to any province or city other than the one
in which it is located at the time of execution of the mortgage,
without the written consent of the mortgagee or his executors,
administrators or assigns.
Elements:
a. That personal property is mortgaged under Chattel Mortgage
Law;
b. That the offender knows that such property is so mortgaged;
c. That he removes such mortgaged personal property to any
province or city other than the one in which it was located at
the time of the execution of the mortgage;
d. That the removal is permanent; and
e. That there is no written consent of mortgagee, executors,
administrators, or assigns to such removal.
2. Sale or Pledge of Mortgaged Property
Selling or pledging 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:
a. Personal property is pledged under Chattel Mortgage Law;
b. Offender, who is the mortgagor, sells or pledges the same
property or any part thereof; and
c. No consent of mortgagee written on the back of the mortgage
and noted on the record thereof in the Office of the Register of
Deeds.
CHAPTER EIGHT.
DESTRUCTIONS
ARSON
AND
OTHER
CRIMES
INVOLVING
Art. 320. Destructive arson (as amended by R.A. No. 7659)

Acts constituting destructive arson
I. Burning of:
1. One (1) or more buildings or edifices, consequent to one single

act of burning, or as a result of simultaneous burnings,
committed on several or different occasions.
Elements:
a. That the offender burns one or more building or edifices; and
b. That the burning may result from either a single act of
burning or as a result of simultaneous burnings, committed
on several or different occasions.
2. Any building of public or private ownership, devoted to the public
in general or where people usually gather or congregate for a
definite purpose such as, but not limited to, official governmental
function or business, private transaction, commerce, trade
workshop, meetings and conferences, or merely incidental to a
definite purpose such as but not limited to hotels, motels,
transient dwellings, public conveyances or stops or terminals,
regardless of whether the offender had knowledge that there are
persons in said building or edifice at the time it is set on fire and
regardless also of whether the building is actually inhabited or
not.
Elements:
a. That the offender burns any building of public or private
ownership, devoted to the public in general or where people
usually gather or congregate for a definite purpose such as,
but not limited to:
i. i.hotels;
ii. motels;
iii. transient dwelings;
iv. public conveyances or stops; or
v. terminals; and
b. That the offender burns such building regardless of whether
he had knowledge that there are persons in said building or
edifice and of whether the building is actually inhabited or
not.
3. Any train or locomotive, ship or vessel, airship or airplane,
devoted to transportation or conveyance, or for public use,
entertainment or leisure.
Elements:
a. That the offender burns any train, locomotive, ship or vessel,
airship or airplane; and
b. That such train, etc. is devoted to transportation or
conveyance, or for public use, entertainment or leisure.
4. Any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the service of
public utilities.
Elements:
a. That the offender burns any building, factory, warehouse

installation and any appurtenances thereto; and
b. That such building is devoted to the service of public utilities.
5. Any building the burning of which is for the purpose of
concealing or destroying evidence of another violation of law, or
for the purpose of concealing bankruptcy or defrauding creditors
or to collect from insurance.
Elements:
a. That the offender burns any building; and
b. That the purpose of such burning is either:
i. To conceal or destroy evidence of another violation of law;
ii. To conceal bankruptcy;
iii. To defraud creditors; or
iv. To collect from insurance.
II. There is also Destructive Arson:
1. When the arson is committed by 2 or more persons, regardless of
whether their purpose is merely to burn or destroy the building
or the burning merely constitutes an overt act in the commission
of another violation of the law
2. When any person shall burn:
a. Any arsenal, shipyard, storehouse or military powder or
fireworks factory, ordnance, storehouse, archives or general
museum of the Government; or
b. Any storehouse or factory of inflammable or explosive
materials, in an inhabited place.
ARSON
OF
PROPERTY OF
SMALL VALUE
CRIMES
INVOLVING
DESTRUCTION
BURNING ONES
PROPERTY AS A
MEANS
TO
COMMIT ARSON
ARSON
Elements:
Elements:
Elements:
Elements:
1.
An
uninhabited hut,
storehouse,
barn, shed, or
any
other
property
is
burned
1. The offender
causes
destruction of the
property
1. The offender
set fire to, or
destroyed his own
property
1. The property
burned
is
the
exclusive property
of the offender
2. The destruction 2. The purpose of

was
done
by the offender in
means of:
doing so was to
2. The value of a. Explosion;
commit arson or to
2. The purpose of
the offender in
burning it is to
defraud or cause
of cause
the
property b. Discharge
great
electric current;
burned does not
destruction
exceed Php25.00 c. Inundation;
d. Sinking
or 3. The property
stranding of a
3. The burning
belonging
to
vessel;
was done at a e. Damaging the another
was
time or under
burned
or
engine of the
circumstances
destroyed
vessel;
which
clearly f. Taking up rails
exclude
all
from
railway
danger of the fire
track;
g. Destroying
spreading
damage
to
another
or
prejudice
is
actually caused,
or
the
thing
burned
is
a
building in an
inhabited place
telegraph wires
and posts or
those of any
other system;
h. Other
similar
effective means
of destruction.
CHAPTER NINE. MALICIOUS MISCHIEF

Art. 327. Who are liable for malicious mischief
Elements of Malicious Mischief:
1. The offender deliberately caused damage to the property of
another;
2. Such act does not constitute arson or other crimes involving
destruction; and
3. The act of damaging anothers property is committed merely for
the sake of damaging it.
Note: This third element presupposes that the offender acted
due to hate, revenge, or other evil motive.
Art. 328. Special cases of malicious mischief
Qualified Malicious Mischief:
1. Causing damage to obstruct the performance of public functions;
2. Using poisonous or corrosive substances;
3. Spreading any infection or contagion among cattle; and
4. Causing damage to the property of the National Museum or
Library or to any archive, registry,waterworks, road, promenade,
or any other thing used in common by the public.
Art.329. Other mischiefs
*Mischiefs not included in Art. 328, punished according to the value of
the damage caused.
Art. 330. Damage and obstruction to means of communication

*Damaging any railway, telegraph, or telephone lines
*Qualified if the damage results in any derailment of cars, collision or
other accidents.
Art. 331. Destroying or damaging statues, public monument or
paintings
*Self-explanatory
Art. 333. Who are guilty of adultery
Persons Liable:
1. Married woman who has sexual relations with a man not her
husband
2. The man who has carnal knowledge of her, knowing her to be
married, even if the marriage be subsequently declared void
Elements of adultery:
1. The woman is married;
2. She has sexual relations with a man not her husband; and
3. With respect to the man, he knew her to be married.
TITLE ELEVEN. CRIMES AGAINST CHASTITY
CHAPTER ONE. ADULTERY AND CONCUBINAGE
Art. 334. Concubinage
Acts punishable
1. Keeping a mistress in the conjugal dwelling;
2. Having sexual relations, under scandalous circumstances, with a
woman who is not the mans wife; or
3. Cohabiting with her in any other place.
Elements of concubinage:
1. The man is married;
2. He committed any of the 3 punishable acts;
3. With respect to the woman, she must know him to be married.
CHAPTER TWO. RAPE* AND ACTS OF LASCIVIOUSNESS
Art. 336. Acts of lasciviousness
Elements:
1. The offender commits any act of lasciviousness or lewdness;
2. The act is committed against a person of either sex;
3. The act is committed under any of the following circumstances:
a. By using force or intimidation; or
b. When the offended party is deprived of reason or is

unconscious;
c. By means of fraudulent machination or grave abuse of
authority
d. The offended party is under 12 years old or demented.
CHAPTER THREE. SEDUCTION, CORRUPTION OF MINORS, AND
WHITE SLAVE TRADE
Art. 337. Qualified seduction
Two classes:
1. Seduction of a virgin over 12 and under 18 by person who abuse
their authority or the confidence reposed in the confidence
reposed in them; and
2. Seduction of a sister by her brother, or descendant, by her
ascendant regardless or her age or reputation.
Elements of qualified seduction of virgin:
1. The offended party is a virgin, which is presumed if she is
unmarried and of good reputation
2. She is over twelve (12), but under eighteen (18);
3. The offender has sexual intercourse with her; and
4. The offender employs abuse of authority, confidence or
relationship.
Art. 338. Simple seduction
Elements:
1. The offender party is over twelve (12) years old, but under
eighteen (18);
2. She is of good reputation, single or a widow;
3. The offender has sexual intercourse with her; and
4. The act is done by means of deceit.
Art. 339. Acts of lasciviousness with the consent of the
offended party
Elements:
1. The offender commits acts of lasciviousness or lewdness;
2. The acts are committed upon a woman who is a virgin, single or
widow of good reputation, over twelve (12) but under eighteen
(18) years old; or a sister or descendant; and
3. The offender accomplishes the acts by abuse of authority,
confidence, relationship or deceit.
Art. 341. White slave trade
Acts punishable
1. Engaging in the business of prostitution;
2. Profiting by prostitution; and

3. Enlisting the services of women for the purpose of prostitution.
CHAPTER FOUR. ABDUCTION
Art. 342. Forcible abduction
Elements:
1. The person abducted is any woman, regardless of age, civil
status, or reputation
2. The abduction is against her will; and
3. The abduction is carried out with lewd designs.
Art. 343. Consented abduction
Elements:
1. The offended party must be a virgin;
2. She must be over twelve (12) years old, but under eighteen (18);
3. The taking away must be with her consent, after solicitation or
cajolery from the offender; and
4. The taking away must be with lewd designs.
TITLE TWELVE.
PERSONS
CRIMES
AGAINST
THE
CIVIL
STATUS
OF
Art. 347. Simulation of births, substitution of one child for

another and concealment or abandonment of a legitimate child
Elements for concealing or abandoning a legitimate child:
1. The child must be legitimate;
2. The offender conceals or abandons such child; and
3. The offender has the intent to cause such child to lose its civil
status.
CHAPTER TWO. ILLEGAL MARRIAGES
Art. 349. Bigamy
Elements:
1. The offender has been legally married;
2. The marriage has not been legally dissolved or in case of an
absentee spouse, that spouse could not yet be presumed dead
according to the Civil Code;
3. He contracts a second or subsequent marriage; and
4. The subsequent marriage has all the essential requisites for
validity.
Art. 350. Marriage contracted against provisions of laws
Elements:
1. The offender contracted marriage; and

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.
Art. 351Premature marriages
Note: On March 13, 2015, President Aquino III signed into law R.A. No.
10655 which repealed Article 351 of the RPC. The act of premature
marriage has been decriminalized.
TITLE THIRTEEN. CRIMES AGAINST HONOR
CHAPTER ONE. LIBEL
Section one. Definition forms, and punishment of this crime
Art. 353. Definition of libel
Elements:
1. Imputation of:
a. A crime;
Note: Imputation of criminal intention is not libelous, because
intent to commit a crime is not a violation of the law.
b. A vice or defect real or imaginary; or
c. Any act or omission, status of circumstance.
2. The imputation is made publicly;
3. Publication must be malicious;
4. It is directed at a natural or juridical person or one who is dead;
and
Note: Identification of the offended party is required.
5. It tends to cause the dishonor, discredit or contempt of the
person defamed.
Art. 354 Requirement for publicity
Requisites of privileged communication:
1. The person who made the communication had a legal, moral or
social duty to make the communication, or at least, had an
interest to be upheld;
2. The communication is addressed to an officer or board or
superior having some interest or duty in the matter; and
3. The statements in the communication are made in good faith
and without malice.
Requisites of a fair and true report (Paragraph 2)
1. It is a fair and true report of a judicial, legislative or other official
proceeding which are NOT of a confidential nature; or a
statement, report or speech delivered in said proceeding, or of
any other act performed by a public official in the exercise of his

functions;
2. It is made in good faith; and
3. It is without any comments or remarks.
Art. 356. Threatening to publish and offer to prevent such
publication for compensation
Acts punishable:
1. Threatening another to publish a libel concerning him, or his
parents, spouse, child or other members of his family; and
2. Offering to prevent the publication for compensation or monetary
consideration.
TITLE THIRTEEN. CRIMES AGAINST HONOR
CHAPTER ONE. LIBEL
Section One. Definition, Forms, and Punishment of this Crime
Art. 357. Prohibited publication of acts referred to in the
course of official proceedings (Also known as the Gag Law)
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
Note: The facts pertain to newspaper reports on adultery,
divorce, issues about the legitimacy of children, etc.
3. That such facts are offensive to the honor, virtue and reputation
of said person.
Requisites to constitute a violation:
1. That the article published contains facts connected with the
private life of an individual; and
2. That such facts are offensive to the honor, virtue and reputation
of said person.
Art. 358. Slander.
Also known as Oral Defamation. It is a libel committed by oral mean or
spoken means, instead of in writing.
Elements:
1. That there must be an imputation of a crime, or of a vice or
defect, real or imaginary, or any act, omission, status or
circumstance;
2. That the imputation must be made publicly;
3. That it must be malicious;
4. That the imputation must be directed to 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; and
6. That the imputation must be committed orally or through spoken
words, instead of writing.
Art. 359. Slander by deed.
A crime against dishonor committed by performing an act.
ELEMENTS:
1. That the offender performs any act not included in any other
crime against honor;
2. That such act is performed in the presence of other person or
persons; and
3. That such act casts dishonor, discredit or contempt upon the
offended party.
Art. 360. Persons responsible.
1. The person, who publishes, exhibits or causes the publication or
exhibition of any defamation in writing or similar means;
2. The author or editor of a book or pamphlet;
3. The editor or business manager of a daily newspaper magazine
or serial publication; and
4. The owner of the printing plant which publishes a libelous article
with his consent and all other persons who in any way participate
in or have connection with its publication.
Art. 361. Proof of truth.
When proof of truth is admissible:
1. When the act or omission imputed constitutes a crime regardless
of whether the offended party is a private individual or a public
officer.
2. When the offended party is a Government employee, even if the
act or omission imputed does not constitute a crime, provided, it
is related to discharge of his official duties.
Requisites of defense in defamation:
1. If it appears that the matter charged as libelous is true;
2. It was published with good motives;
3. And for justifiable ends
Art. 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.
CHAPTER TWO. INCRIMINATORY MACHINATIONS
Art. 363. Incriminating innocent person.
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.
Art. 364. Intriguing against honor.
Elements:
1. That the offended party made any intrigue against another
person;
2. That such intrigue has for its principal purpose to blemish the
honor or reputation of the other person; and
3. That the source or the author of the derogatory information
cannot be determined and the offended party merely borrows the
same and, without subscribing to the truth thereof, passes it to
others. (People v. Pelayo, Jr., C.A., 64 O.G. 1993)
TITLE FOURTEEN. QUASI OFFENSES
SOLE CHAPTER. CRIMINAL NEGLIGENCE
Art. 365. Imprudence and negligence.
Ways of commission:
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
which 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.
4. By causing through simple imprudence or negligence some
wrong which, if done maliciously, would have constituted 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;
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.
SPECIAL PENAL LAWS

R.A. No. 9160 (Anti-Money Laundering Act of 2001, as
amended by R.A. No. 9194)
Money laundering is a crime whereby the proceeds of an unlawful
activity are transacted, thereby making them appear to have
originated from legitimate sources.
Persons liable:
1. Any person knowing that any monetary instrument or property
represents, involves, or relates to, the proceeds of any unlawful
activity, transacts or attempts to transact said monetary
instrument or property.
Elements:
a. That the offender transacts or attempts to transact any
monetary instrument or property;
b. That such instrument or property represents, involves, or
relates to, the proceeds of any unlawful activity; and
c. That he has knowledge of such fact.
2. Any person knowing that any monetary instrument or property
involves the proceeds of any unlawful activity, performs or fails
to perform any act as a result of which he facilitates the offense
of money laundering referred to in paragraph a) above.
Elements:
a. That the offender knows of any monetary instrument or
property which involves the proceeds of any unlawful activity;
b. That he performs or fails to perform an act; and
c. That the act results to the facilitation of the offense referred
in the next preceding paragraph.
3. Any person knowing that any monetary instrument or property is
required under this Act to be disclosed and filed with the AntiMoney Laundering Council (AMLC), fails to do so.
Elements:
a. That there be a monetary instrument or property which is
required to be disclosed and filed with the Anti-Money
Laundering Council (AMLC);
b. That the offender knows of such fact; and
c. That he fails to disclose and file said money instrument or
property.
P.D. No. 1602 (Anti-Gambling Act, as amended by R.A. No.

9287)
Persons liable:
1. Any person taking part, directly or indirectly in any illegal or
unauthorized activities or games of cockfighting, jueteng, jai alai
or horse racing to include bookie operations and game fixing,
numbers, bingo and other forms of lotteries; cara y cruz,
pompiang and the like; 7-11 and any game using dice; black
jack, lucky nine, poker and its derivatives, monte, baccarat,
cuajo, pangguigue and other card games; pak que, high and low,
mahjong, domino and other games using plastic tiles and the
like; slot machines, roulette, pinball and other mechanical
contraptions and devices; dog racing, boat racing, car racing and
other forms of races; basketball, boxing, volleyball, bowling,
pingpong and other forms of individual or team contests to
include game fixing, point shaving and other machinations;
banking or percentage game, or any other game or scheme,
whether upon chance or skill, wherein wagers consisting of
money, articles of value or representative of value are at stake or
made; or any person knowingly permitting any form of gambling
previously enumerated to be carried on in an inhabited or
transportation owned or controlled by him.
Elements:
a. That the offender takes part, directly or indirectly in any
illegal or unauthorized activities or games of:
i. cockfighting, jueteng, jai alai or horse racing to include

bookie operations and game fixing, numbers, bingo and
other forms of lotteries;
ii. cara y cruz, pompiang and the like;
iii. 7-11 and any game using dice;
iv. black jack, lucky nine, poker and its derivatives, monte,
baccarat, cuajo, pangguigue and other card games;
v. pak que, high and low, mahjong, domino and other games
using plastic tiles and the like;
vi. slot machines, roulette, pinball and other mechanical
contraptions and devices;
vii.dog racing, boat racing, car racing and other forms of
races; basketball, boxing, volleyball, bowling, pingpong
and other forms of individual or team contests to include
game fixing, point shaving and other machinations;
viii.
banking or percentage game, or any other game or
scheme, whether upon chance or skill, wherein wagers
consisting of money, articles of value or representative of
value are at stake or made; or
b. That the offender knowingly permits any form of gambling
previously enumerated to be carried on in an inhabited or
transportation owned or controlled by him
2. Any person knowingly permitting any form of gambling to be
carried on in a place which has a reputation of a gambling place
or that prohibited gambling is frequently carried on therein, or in
a public or government building or barangay hall.
Elements:
a. That the offender permits any form of gambling to be carried
on in a place which:
i. has a reputation of a gambling place; or
ii. prohibited gambling is frequently carried on therein; or
iii. or in a public or government building or barangay hall;
and
b. That he has knowledge of such gambling acts.
3. The maintainer or conductor of the above gambling schemes.
Elements:
a. That the offender is any private person; and
b. That he acts as a maintainer or conductor of any gambling
schemes.
4. A government official who is a maintainer, conductor or banker of
the gambling schemes, or the player, promoter, referee, umpire,
judge or coach in case of game fixing, point shaving and other
machinations.
Elements:
a. That the offender is a government official; and
b. That he acts as a maintainer, conductor or banker of the

gambling schemes, or as the player, referee, umpire, judge or
coach in case of game fixing, point shaving and other
machinations.
5. Any person who knowingly and without lawful purpose in any
hour of any day, possesses any lottery list, paper or other matter
containing letters, figures, signs or symbols pertaining to or in
any manner used in the games of jueteng, jai alai or horse racing
bookies and similar games of lotteries and numbers which have
taken place or about to take place.
Elements:
a. That the offender possesses any lottery list, paper or other
matter containing letters, figures, signs or symbols;
b. That such list, paper or other matter pertains to, or is, in any
manner, used in the games of jueteng, jai alai or horse racing
bookies and similar games of lotteries and numbers which
have taken place or about to take place;
c. That the offender knowingly possesses such list, paper or
other matters; and
d. That the possession is without lawful purpose.
6. Any barangay official who, with knowledge of the existence of
the gambling house or place in his jurisdiction fails to abate the
same or take action in connection therewith.
Elements:
a. That the offender is a barangay official;
b. That he has knowledge of the existence of a gambling house
or place in his jurisdiction; and
c. That he fails to abate the same or take action in connection
therewith.
7. Any security officer, security guard, watchman, private or house
detective of hotels, villages, buildings, enclosures and the like
which have the reputation of a gambling place or where
gambling activities are being held.
Elements:
a. That the offender is security officer, security guard,
watchman, private or house detective;
b. That he works in a hotel, village, building, enclosure and the
like; and
c. That such place has the reputation of a gambling place or
where gambling activities are being held.
R.A. No. 3019 (Anti-Graft and Corrupt Practices Act, as

amended by R.A. No. 3047, P.D. No. 77 and B.P. No. 195)
Acts Punishable:
I. Corrupt Practices of Public Officers
1. Persuading, inducing or influencing another public officer to
perform an act constituting a violation of rules and regulations
duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing
himself to be persuaded, induced, or influenced to commit such
violation or offense.
Elements:
b. That the offender persuades, induces, or influences another
public officer to perform an act or the offender allows himself
to be persuaded, induced, or influenced to commit an act;

and
c. That the act performed by the other public officer or
committed by the offender constitutes a violation of rules and
regulations duly promulgated by competent authority or an
offense in connection with the official duty of the latter (Ampil
v. Office of the Ombudsman, G.R. No. 192685, July 31, 2013).
2. Directly or indirectly requesting or receiving any gift, present,
share, percentage, or benefit, for himself or for any other person,
in connection with any contract or transaction between the
Government and any other party, wherein the public officer in
his official capacity has to intervene under the law.
Elements:
b. That he requested or received a gift, a present, a share, a
percentage, or benefit;
c. That such gift, present, share, percentage be on behalf of the
offender or any other person;
d. That such is in connection with a contract or transaction with
the government; and
e. That the public officer, in an official capacity under the law,
has the right to intervene in such contract or transaction
(Garcia v. Sandiganbayan, G.R. No. 155574, November 20,
2006).
3. Directly or indirectly requesting or receiving any gift, present or
other pecuniary or material benefit, for himself or for another,
from any person for whom the public officer, in any manner or
capacity, has secured or obtained, or will secure or obtain, any
Government permit or license, in consideration for the help given
or to be given, without prejudice to Section thirteen of this Act.
Elements:
b. That he has secured or obtained, or would secure or obtain,
for a person any government permit or license;
c. That he directly or indirectly requested or received from said
person any gift, present or other pecuniary or material
benefit for himself or for another; and
d. That he requested or received the gift, present or other
pecuniary or material benefit in consideration for help given
or to be given (Tecson v. Sandiganbayan, G.R. No. 123045,
November 16, 1999).
4. Accepting or having any member of his family accept
employment in a private enterprise which has pending official
business with him during the pendency thereof or within one
year after its termination.
Elements:
a. That the accused is a public officer;

b. That he, or any member of his family, accepts employment in
a private enterprise;
c. That the private enterprise has pending official business with
him; and
d. That the acceptance of employment be made during the
pendency of such official business or within one year after its
termination.
5. Causing any undue injury to any party, including the
Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his official
administrative or judicial functions through manifest partiality,
evident bad faith or gross inexcusable negligence. This provision
shall apply to officers and employees of offices or government
corporations charged with the grant of licenses or permits or
other concessions.
Elements:
a. That the accused are public officers or private persons
charged in conspiracy with them;
b. That said public officers committed the prohibited acts during
the performance of their official duties or in relation to their
public positions;
c. That they caused undue injury to any party, whether the
Government or a private party;
d. That such injury was caused by giving unwarranted benefits,
advantage or preference to such parties; and
e. That the public officers acted with manifest partiality, evident
bad faith or gross inexcusable negligence (Dela Chica v.
Sandiganbayan, G.R. No. 144823, December 8, 2003).
6. Neglecting or refusing, after due demand or request, without
sufficient justification, to act within a reasonable time on any
matter pending before him for the purpose of obtaining, directly
or indirectly, from any person interested in the matter some
pecuniary or material benefit or advantage, or for the purpose of
favoring his own interest or giving undue advantage in favor of
or discriminating against any other interested party.
Elements:
b. That the said officer has neglected or has refused to act
without sufficient justification after due demand or request
has been made on him;
c. That reasonable time has elapsed from such demand or
request without the public officer having acted on the matter
pending before him; and
d. That such failure to so act is for the purpose of obtaining,
directly or indirectly, from any person interested in the matter
some pecuniary or material benefit or advantage in favor of

an interested party, or discriminating against another
(Salvacion v. Sandiganbayan, G.R. No. 175006, November 27,
2008)
7. Entering, on behalf of the Government, into any contract or
transaction manifestly and grossly disadvantageous to the same,
whether or not the public officer profited or will profit thereby.
Elements:
a. That the accused is a public officer;
b. That he entered into a contract or transaction on behalf of the
government; and
c. That such contract or transaction is grossly and manifestly
disadvantageous
to
the
government
(Braza
v.
Sandiganbayan, G.R. No. 195032, February 20, 2013).
8. Directly or indirectly having financial or pecuniary interest in any
business, contract or transaction in connection with which he
intervenes or takes part in his official capacity, or in which he is
prohibited by the Constitution or by any law from having any
interest.
Elements:
a. That the offender is a public officer; and
b. That he, directly or indirectly, has financial or pecuniary
interest in any business, contract or transaction which:
i. he intervenes in and takes part in such; or
ii.
he is prohibited by the Constitution or by any law
from having interest therein.
9. Directly or indirectly becoming interested, for personal gain, or
having a material interest in any transaction or act requiring the
approval of a board, panel or group of which he is a member,
and which exercises discretion in such approval, even if he votes
against the same or does not participate in the action of the
board, committee, panel or group.
Elements:
b. That he, directly or indirectly, becomes interested or has a
material interest in any transaction or act;
c. That such transaction or act requires the approval of a board,
panel or group;
d. That the offender is part of such group and exercises
discretion is such approval, regardless of his vote or his
participation in the action of the board, committee, panel or
group; and
e. That there is intent to have personal gain.
10.
Knowingly approving or granting any license, permit,
privilege or benefit in favor of any person not qualified for or not
legally entitled to such license, permit, privilege or advantage, or
of a mere representative or dummy of one who is not so

qualified or entitled.
Elements:
b. That he approves or grants any license, permit, privilege or
benefit in favor of any person;
c. That such person or a representative of such person is not
qualified for or not legally entitled to such license, permit,
privilege or advantage; and
d. That the offender has knowledge of the same.
11.
Divulging valuable information of a confidential character,
acquired by his office or by him on account of his official position
to unauthorized persons, or releasing such information in
advance of its authorized release date.
Elements:
b. That he divulges valuable information of a confidential
character to unauthorized persons or releases such
information in advance of its authorized release date; and
c. That he acquired such information by his office or by him on
account of his official position.
II. Prohibition on Private Individuals
1. It shall be unlawful for any person having family or close
personal relation with any public official to capitalize or exploit or
take advantage of such family or close personal relation by
directly or indirectly requesting or receiving any present, gift or
material or pecuniary advantage from any other person having
some business, transaction, application, request or contract with
the government, in which such public official has to intervene.
Elements:
a. That the offender is any person;
b. That he has family or close personal relation with any public
official;
c. That he capitalizes, exploits or takes advantage of such
relation by, directly or indirectly, requesting or receiving any
present, gift or material or pecuniary advantage from any
other person having some business, transaction, application,
request or contract with the government; and
d. That the public official has the duty to intervene with such
business, transaction, application, request or contract.
2. It shall be unlawful for any person knowingly to induce or cause
any public official to commit any of the offenses defined in
Section 3 of RA 3019 (Corrupt Practices of Public Officers).
Elements:
a. That the offender is any person;
b. That he knowingly induces or causes any public official to

commit any of the corrupt practices of public officers.
III.Prohibition on Certain Relatives
It shall be unlawful for the spouse or for any relative, by consanguinity
or affinity, within the third civil degree, of the President of the
Philippines, the Vice-President of the Philippines, the President of the
Senate, or the Speaker of the House of Representatives, to intervene,
directly or indirectly, in any business, transaction, contract or
application with the Government: Provided, That this section shall not
apply to any person who, prior to the assumption of office of any of the
above officials to whom he is related, has been already dealing with
the Government along the same line of business, nor to any
transaction, contract or application already existing or pending at the
time of such assumption of public office, nor to any application filed by
him the approval of which is not discretionary on the part of the official
or officials concerned but depends upon compliance with requisites
provided by law, or rules or regulations issued pursuant to law, nor to
any act lawfully performed in an official capacity or in the exercise of a
profession.
Elements:
1. That the offender is the spouse or any relative, by consanguinity
or affinity, within the third civil degree, of the President of the
Philippines, the Vice-President of the Philippines, the President of
the Senate, or the Speaker of the House of Representatives; and
2. That he intervenes, directly or indirectly, in any business,
transaction, contract or application with the Government,
UNLESS, such spouse or relative has been already dealing with
the Government along the same line of business prior to the
assumption of office or that the transaction, contract or
application is already existing or pending at the time of such
assumption, or that the approval of the application filed by the
spouse or relative is not discretionary on the part of the official or
officials concerned.
R.A. No. 9208 (The Anti-Trafficking in Persons Act of 2003)

Acts punishable:
1. To recruit, transport, transfer, harbor, provide or receive a person by

any means, including those done under the pretext of domestic or
overseas employment or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
2. To introduce or match for money, profit, or material, economic or other
consideration, any person or, as provided for under R.A 6955, any
Filipino woman to a foreign national, for marriage for the purpose of
acquiring, buying, offering, selling or trading him/her to engage in
3. To offer or contract marriage, real or simulated, for the purpose of
acquiring, buying, offering, selling or trading him/her to engage in
4. To undertake or organize tours and travel plans consisting of tourism
packages or activities for the purpose of utilizing and offering person
for prostitution, pornography, or sexual exploitation;
5. To maintain or hire a person to engage in prostitution or pornography;
6. To adopt or facilitate the adoption of persons for the purpose of
7. To recruit hire, adopt, transport or abduct a person, by means of threat
or use of force, fraud deceit, violence, coercion or intimidation for the
purpose of removal or sale of organs of said person; and
8. To recruit, transport or adopt a child to engage in armed activities in
the Philippines or abroad (R.A. No. 9028, Sec. 4).
Elements of Trafficking in Persons:

1. It involves the recruitment, transportation, transfer, harboring or
receipt of a person or persons;
2. It is committed with or without the victims consent or
knowledge;
3. It is done within or across national boundaries;
4. It is committed by means of threat or use of force, or other forms

of coercion, abduction, fraud, deception, abuse of power or
position, giving or receiving of payments or benefits to achieve
the consent of a person having actual control over another
person; and
5. It is done for the purpose of exploitation such as sexual
exploitation, forced labor or services, slavery, and removal or
sale
of
organs
or
other
similar
acts.
(http://www.cfo.gov.ph/pdf/9208%20Primer2ndEd.pdf)
R.A. No. 7080 (Anti-Plunder Act)

Elements of Plunder:
1. The offender is a public officer acting by himself or in connivance
with members of his family, relatives by affinity or consanguinity,
business associates, subordinates or other persons
2. The offender amasses, accumulates or acquires ill-gotten wealth.
3. The aggregate amount or total value of at least Fifty-million
pesos (P50,000,000.00).
4. Such ill-gotten wealth -- defined as any asset, property, business
enterprise or material possession of any of the aforesaid persons
(the persons within the purview of Section 2, RA 7080) -- has
been acquired directly or indirectly through dummies, nominees,
agents, subordinates and/or business associates by any
combination or series of the following means or similar schemes:
a. Through misappropriation, conversion, misuse or malversation
of public funds or raids on the public treasury;
b. By receiving, directly or indirectly, any commission, gift,
share, percentage, kickbacks or any other form of pecuniary
benefit from any person and/or entity in connection with any
government contract or project or by reason of the office or
position of the public officer concerned;
c. By the illegal or fraudulent conveyance or disposition of
assets belonging to the national government or any of its
subdivisions, agencies or instrumentalities or governmentowned or controlled corporations and their subsidiaries;
d. By obtaining, receiving or accepting directly or indirectly any
shares of stock, equity or any other form of interest or
participation including the promise of future employment in
any business enterprise or undertaking;
e. By establishing agricultural, industrial or commercial
monopolies or other combination and/or implementation of
decrees and orders intended to benefit particular persons or

special interests; or
f. By taking undue advantage of official position, authority,
relationship, connection or influence to unjustly enrich himself
or themselves at the expense and to the damage and
prejudice of the Filipino people and the Republic of the
Philippines. (Estrada v. Sandiganbayan, G.R. No. 148560,
November 19, 2001)
R.A. No. 1379 (An Act Declaring Forfeiture in Favor of the State
Any Property Found to Have Been Unlawfully Acquired by Any
Public Officer or Employee)
Elements of Forfeiture of Property Found to have been Lawfully
Acquired
1. The offender is a public officer or employee;
2. He must have acquired a considerable amount of money or
property during his incumbency; and
3. Said amount is manifestly out of proportion to his salary as such
public officer or employee and to his other lawful income and
income from legitimately acquired property (Marcos v. Republic
of the Philippines, G.R. No. 189434, April 25, 2012).
R.A. No. 9775 (Anti-Child Pornography Act of 2009)

Acts punishable:
1. To hire, employ, use, persuade, induce or coerce a child to perform in

the creation or production of any form of child pornography;
2. To produce, direct, manufacture or create any form of child
pornography;
3. To publish offer, transmit, sell, distribute, broadcast, advertise,
promote, export or import any form of child pornography;
4. To possess any form of child pornography with the intent to sell,
distribute, publish, or broadcast: Provided, that possession of three (3)
or more Articles of child pornography of the same form shall be prima
facie evidence of the intent to sell, distribute, publish or broadcast;
5. To knowingly, willfully and intentionally provide a venue for the
commission of prohibited acts as, but not limited to, dens, private
rooms, cubicles, cinemas, houses or in establishments purporting to be
a legitimate business;
6. For film distributors, theaters and telecommunication companies, by
themselves or in cooperation with other entities, to distribute any form
of child pornography;
7. For a parent, legal guardian or person having custody or control of a
child to knowingly permit the child to engage, participate, or assist in
any form of child pornography;
8. To engage in the luring or grooming of a child;
9. To engage in pandering of any form of child pornography;
10.To willfully access any form of child pornography;
11.To conspire to commit any of the prohibited acts stated in this section.
Conspiracy to commit any form of child pornography shall be
committed when two (2) or more persons come to an agreement
concerning the commission of any of the said prohibited acts and
decide to commit it; and
12.To possess any form of child pornography (R.A. No. 9775, Sec. 4).
Elements of Child Pornography:

1. Any public or private representation by whatever means;
2. There is a child below eighteen (18) years of age or over but are
unable to fully take care of himself;
3. Such child is engaged in real or simulated explicit activities or
any representation of the sexual parts of a child; and
4. Primarily for sexual purposes.
R. A. No. 9262 (Anti-Violence Against Women and their

Children Act of 2004)
Sec. 5. Acts of Violence Against Women and Their Children
The crime of violence against women and their children is committed
through any of the following acts:
1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child physical harm;
3. Attempting to cause the woman or her child physical harm;
4. Placing the woman or her child in fear of imminent physical
harm;
5. Attempting to compel or compelling the woman or her child to
engage in conduct which the woman or her child has the right to
desist from or desist from conduct which the woman or her child
has the right to engage in, or attempting to restrict or restricting
the woman's or her child's freedom of movement or conduct by
force or threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against the
woman or child. This shall include, but not limited to, the
following acts committed with the purpose or effect of controlling
or restricting the woman's or her child's movement or conduct:
a. Threatening to deprive or actually depriving the woman or her
child of custody to her/his family;
6.
7.
8.
9.
b. Depriving or threatening to deprive the woman or her children

of financial support legally due her or her family, or
deliberately providing the woman's children insufficient
financial support;
c. Depriving or threatening to deprive the woman or her child of
a legal right; and
d. Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or controlling the
victim's own mon4ey or properties, or solely controlling the
conjugal or common money, or properties.
Inflicting or threatening to inflict physical harm on oneself for the
purpose of controlling her actions or decisions;
Causing or attempting to cause the woman or her child to
engage in any sexual activity which does not constitute rape, by
force or threat of force, physical harm, or through intimidation
directed against the woman or her child or her/his immediate
family;
Engaging in purposeful, knowing, or reckless conduct, personally
or through another, that alarms or causes substantial emotional
or psychological distress to the woman or her child. This shall
include, but not be limited to, the following acts:
a. Stalking or following the woman or her child in public or
private places;
b. Peering in the window or lingering outside the residence of the
woman or her child;
c. Entering or remaining in the dwelling or on the property of the
woman or her child against her/his will;
d. Destroying the property and personal belongings or inflicting
harm to animals or pets of the woman or her child; and
e. Engaging in any form of harassment or violence.
Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not limited
to, repeated verbal and emotional abuse, and denial of financial
support or custody of minor children of access to the woman's
child/children.
Crime of violence against women through harassment:

1. The offender has or had a sexual or dating relationship with the
offended woman
2. The offender, by himself or through another, commits an act or
series of acts of harassment against the woman; and
3. The harassment alarms or causes substantial emotional or
psychological distress to her (Karlo Angelo Dabalos y San Diego
v. Regional Trial Court, Branch 59, Angeles City, etc., et al, G.R.
No. 193960, January 7, 2013).
R.A. No. 7610 (An Act Providing for Stronger Deterrence and
Special Protection Against Child Abuse, Exploitation and
Discrimination, and for Other Purposes)
Sexual abuse under Sec. 5, Article III of Republic Act No. 7610
1. The accused commits the act of sexual intercourse or lascivious
conduct
2. The said act is performed with a child exploited in prostitution or
subjected to sexual abuse; and
3. The child, whether male or female, is below 18 years of age
(People v. Fragante, G.R. No. 182521, February 9, 2011).
Sec. 6. Attempt To Commit Child Prostitution under Sec. 5,
paragraph (a)
1. The offender is any person who is not relative of the child
2. The offender is found alone with the said child inside the room or
cubicle of a house, an inn, hotel, motel,pension house, apartelle
or other similar establishments, vessel, vehicle or any other
hidden or secluded area
3. There are circumstances which would lead a reasonable person
to believe that the child is about to be exploited in prostitution
and other sexual abuse
Sec. 7. Child Trafficking.
1. That the offender is any person who shall engage in trading and
dealing with children
3. That the act of trading and dealing with children includes, but not
limited to, the act of buying and selling of a child for money, or
for any other consideration, or barter
Sec. 8. Acts when there is an attempt to Commit Child
Trafficking
1. When a child travels alone to a foreign country without valid
reason therefore and without clearance issued by the
Department of Social Welfare and Development or written permit
or justification from the child's parents or legal guardian;
2. When a person, agency, establishment or child-caring institution
recruits women or couples to bear children for the purpose of
child trafficking; or
3. When a doctor, hospital or clinic official or employee, nurse,
midwife, local civil registrar or any other person simulates birth
for the purpose of child trafficking; or
4. When a person engages in the act of finding children among lowincome families, hospitals, clinics, nurseries, day-care centers, or
other child-during institutions who can be offered for the purpose
of child trafficking.
Sec. 9. Obscene Publications and Indecent Shows
1. The offender is any person who shall hire, employ, use,
persuade, induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live or in video, or
model in obscene publications or pornographic materials or to
sell or distribute the said materials; and
2. The child, whether male or female, is below 18 years of age.
R.A. No. 10591 (An Act Providing for a Comprehensive Law on

Firearms and Ammunition and Providing Penalties for
Violations Thereof)
Sec. 29. Use of Loose Firearm in the Commission of a Crime.
As an aggravating circumstance
1. That the offender committed a crime punishable under the

Revised Penal Code or other special laws
2. That the offender used of a loose firearm in the commission of
the crime
3. That the use of a loose firearm is inherent in the commission of a
crime
As an element of the
attempted coup d etat.
crime
of
rebellion
or
insurrection,
or
1. That there be a violation of this Act

2. That such violation is in furtherance of, or incident to, or in
connection with the crime of rebellion of insurrection, or
attempted coup d etat,
As a distinct and separate offense
1. That the offender committed a crime punishable under the
Revised Penal Code or other special laws
2. That the crime be committed by the person without using the
loose firearm
Sec. 30. Liability of Juridical Person

1. That the offender is the owner, president, manager, director or
other responsible officer of/any public or private firm, company,
corporation or entity
2. That the offender commits any of the following acts
a. willfully or knowingly allows any of the firearms owned by
such firm, company, corporation or entity to be used by any
person or persons found guilty of violating the provisions of
Sec 29, or
b. willfully or knowingly allows any of them to use unregistered
firearm or firearms without any legal authority to be carried
outside of their residence in the course of their employment
Sec. 31. Absence of Permit to Carry Outside of Residence.

1. That the offender is licensed to own a firearm
2. That the offender carries the registered firearm outside his/her
residence without any legal authority therefor
Sec.
32. Unlawful
Manufacture,
Importation,
Sale
or
Disposition of Firearms or Ammunition or Parts Thereof,
Machinery, Tool or Instrument Used or Intended to be Used in
the Manufacture of Firearms, Ammunition or Parts Thereof.
1. That the offender is any person who shall unlawfully engage in
the manufacture, importation, sale or disposition of a firearm or
ammunition, or a major part of a firearm or ammunition, or
machinery, tool or instrument; and
2. That the firearm or ammunition, or a major part thereof be used
or intended to be used by the same person in the manufacture of
a firearm, ammunition, or a major part thereof.
Sec. 33. Arms Smuggling.

1. That the offender is any person who shall engage or participate
in arms smuggling as defined in this Act; and
2. That the offender participate in the import, export, acquisition,
sale, delivery, movement or transfer of firearms, their parts and
components and ammunition, from or across the territory of one
country to that of another country which has not been authorized
in accordance with domestic law in either or both
country/countries.
Sec. 34. Tampering, Obliteration or Alteration of Firearms

Identification.
1. That the offender is any person who without authority
a. Tampers, obliterates or alters the barrel, slide, frame, receiver,

cylinder, or bolt assembly, including the name of the maker,
model, or serial number of any firearm; or
b. Replaces the barrel, slide, frame, receiver, cylinder, or bolt
assembly, including its individual or peculiar identifying
characteristics essential in forensic examination of a firearm
or light weapon.
Sec 35. Use of an Imitation Firearm

1. That the offender committed a crime; and
2. That the offender used an imitation firearm in the commission of
such crime
Provided that injuries caused on the occasion of the conduct of
competitions, sports, games, or any recreation activities
involving imitation firearms shall not be punished.
Sec. 38. Liability for Planting Evidence.

1. That the offender willfully and maliciously inserts, places, and/or
attaches, directly or indirectly, through any overt or covert act,
any firearm, or ammunition, or parts thereof in the person,
house, effects, or in the immediate vicinity of an innocent
individual; and
2. That such act was committed for the purpose of implicating or
incriminating the person, or imputing the commission of any
violation of the provisions of this Act to said individual.
Sec. 40. Failure to Notify Lost or Stolen Firearm or Light

Weapon.
1. That the offender is a licensed firearm holder;
2. That the offender either:
a. Fails to report to the FEO of the PNP that the subject firearm
has been lost or stolen within a period of thirty (30) days from
the date of discovery; or
b. Changes residence or office address other than that indicated
in the license card and fails within a period of thirty (30) days
from said transfer to notify the FEO of the PNP of such change
of address.
Sec. 41. Illegal Transfer/Registration of Firearms.

1. That the offender transfers possession of any firearm to another
person
2. That the person to whom possession was transferred has not yet
obtained or secured the necessary license or permit thereof
R.A. No. 9372 (An Act to Secure the State and Protect our
People from Terrorism)
Sec. 3. Terrorism
1. An act sows and creates a condition of widespread and
extraordinary fear and panic among the populace;
2. The purpose is to coerce the government to give in to an
unlawful demand; and
3. The act is punishable under any of the following
a. Under the Revised Penal Code.
i. Piracy in general and Mutiny in the High Seas or in the
Philippine Waters
ii. rebellion
iii. Coup detat
iv. Murder
v. Kidnapping and Serious Illegal Detention
b. Under Special Laws
i. Arson under P.D. No. 1613
ii. Violation of R.A. No. 6969 ( Toxic Substance ad Nuclear
Waste Control)
iii. R.A. No. 5207 ( Atomic Energy Regulatory and Liability Act
of 1968)
iv. Hijacking
v. Piracy in Phil. Waters and Highway Robbery

vi. P.D. No. 1866 (Possession and Manufacture
Firearms/explosives)
of
Sec. 4. Conspiracy to Commit Terrorism.

1. That the two or more persons come to an agreement concerning
the commission of the crime of terrorism as defined in Section 3;
and
2. That the offenders decides to commit the same.
Sec. 25. Penalty for Threat, Intimidation, Coercion, or Torture
in the Investigation and Interrogation of a Detained Person.
1. That there is a charged or suspected person under investigation
and interrogation for the crime of terrorism or the crime of
conspiracy to commit terrorism
2. That offender is any person or persons who
a. Use threat, intimidation, or coercion against such charged or
suspected person, or
b. Inflict physical pain or torment, or mental, moral, or
psychological pressure such charged or suspected person
3. That such acts vitiate the freewill of such charged or suspected
person
Sec. 36. Penalty for Unauthorized or Malicious Examination of
a Bank or a Financial Institution.
1. That the offender is any person, police or law enforcement
personnel
2. That the offender examines the deposits, placements, trust
accounts, assets, or records in a bank or financial institution of
a. a person charged with or suspected of the crime of terrorism
or the crime of conspiracy to commit terrorism,
b. a judicially declared and outlawed terrorist organization,
association, or group of persons; or
c. a member of such organization, association, or group of
persons,
3. That the offender has no authority to do so from the Court of
Appeals
OR
1. That the offender is any police or law enforcement personnel,
2. That the offender maliciously obtained an authority from the
Court of Appeals to examine the deposits, placements, trust
accounts, assets, or records in a bank or financial institution of:
a. A person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism;
b. A judicially declared and outlawed terrorist organization,
association, or soup of persons; or
c. A member of such organization, association, or group of

persons.
Sec. 37. Penalty of Bank Officials and Employees Defying a
Court Authorization
1. That the offender is an employee, official, or a member of the
board of directors of a bank or financial institution
2. That there is a written order of the authorizing division of the
Court of Appeals to allow the examination of the deposits,
placements, trust accounts, assets, and records of
a. A person charged with or suspected of the crime of terrorism
or the crime of conspiracy to commit terrorism;
b. A judicially declared and outlawed terrorist organization,
association, or group of persons; or
c. A member of such judicially declared and outlawed
organization, association, or group of persons in said bank or
24 financial institution, when duly served with the written
order of the authorizing division of the Court of Appeals;
3. That such order has been duly served;
4. That the offender refuses to allow such examination.
Sec. 38. Penalty for False or Untruthful Statement or
Misrepresentation of Material Fact in Joint Affidavits.
1. That there are false or untruthful statement or misrepresentation
of material fact in the joint affidavits required respectively in
Section 12 and Section 32 of this Act
Sec. 39. Seizure and Sequestration
1. That there is an accused who is
a. Any person suspected of or charged before a competent
Regional Trial Court for the crime of terrorism or the crime of
conspiracy to commit terrorism;
b. A judicially declared and outlawed organization, association,
or group of persons; or
c. A member of such organization, association, or group of
persons
2. That the deposits of the accused and their outstanding balances,
placements, trust accounts, assets, and records in any bank or
financial institution, moneys, businesses, transportation and
communication equipment, supplies and other implements, and
property of whatever kind and nature have been seized,
sequestered, and frozen in order to prevent their use, transfer, or
conveyance for purposes that are inimical to the safety and
security of the people or injurious to the interest of the State.
3. That there is an approval of the court for the accused or a person
suspected to withdraw such sums as may be reasonably needed
by the monthly needs of his family including the services of his

or her counsel and his or her family's medical needs. He or she
may also use any of his property that is under seizure or
sequestration or frozen because of his/her indictment as a
terrorist upon permission of the court for any legitimate reason.
4. That the offender is any person who unjustifiably refuses to
follow the order of the proper division of the Court of Appeals to
allow the person accused of the crime of terrorism or of the
crime of conspiracy to commit terrorism to withdraw such sums
from sequestered or frozen deposits, placements, trust accounts,
assets and records as may be necessary for the regular
sustenance of his/her family or to use any of his/her property
that has been seized, sequestered or frozen for legitimate
purposes while his/her case is pending.

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TITLE ONE.

CRIMES AGAINST NATIONAL SECURITY AND THE

a. That the offender enters a warship, fort, or military or naval

4. That going to enemy country is prohibited by competent

Article 125. Delay in the delivery of detained persons to the

2. That he is not authorized by any judicial order to enter the

Article 134. Rebellion or insurrection

Article 136. Conspiracy and proposal to commit coup dtat,

3. That the inciting is done by means of speeches, proclamations,

Nos. 2 and 3 are punishable when:

member of the Congress from attending the meetings of the

a. The offender is a public officer or employee;

b. The audience, armed or not, is incited to the commission of

i. The assaulted is engaged in the actual performance of his

a. That a PA or his APA is engaged in the performance of official

2. Encouraging disobedience to the law or to the constituted

1. That the seal of the Republic was counterfeited, or the signature

representation, by words or actions, that they are genuine and

4. That alteration has changed the meaning of the document.

e. Altering true dates;

a. Introducing in a judicial proceeding

ii. That the false document was embraced in Art. 171 or in

a. The offender is an officer or employee of the Government

a. The offender is an officer or employee of the Government or

Section Five. Falsification of Medical Certificates, Certificates

2. By performing any act pertaining to a person in authority or

public officer of the government under the pretense of official

Note: If damage is caused to private interest, the crime will be

Elements of concealing true name are:

Art. 182. False testimony in civil cases

Art. 184. Offering of false testimony in evidence

c. That such gift or promise was the consideration for his

merchandise or object of commerce manufactured, produced,

Art. 197 REPEALED by PRESIDENTIAL DECREE NO.

Art. 198. Illegal betting on horse races

g. During the Registration days for election or referendum;

1. Taking part in the performance of public functions in the

1. By maliciously refraining from instituting prosecution against

1. By agreeing to perform, or by performing in consideration of any

3. That the offender refrains from arresting or prosecuting the

ii. ii. Failing voluntarily to issue a receipt, as provided by law,

4. By being otherwise guilty of the misappropriation or malversation

3. That such prisoner escapes through his negligence.

c. That he reveals such secret without authority or justifiable

Art. 231. Open Disobedience

Art. 232. Disobedience to order of superior officer, when said

Section Two. Anticipation, Prolongation and Abandonment of

Art. 239. Usurpation of legislative powers

a. Assumes a power pertaining to the executive authorities; or

1. By soliciting or making immoral or indecent advances to a

Note: The person claiming the benefits of Article 247 must

3. That these several persons quarreled and assaulted one another

Art. 256. Intentional abortion

Section Three. Duel

a. That a person scoffed at another publicly for refusing to

4. When the injured person becomes ill or incapacitated for labor

ii. When the offended party is deprived of reason or

Section One. Illegal Detention

c. That any serious physical injuries are inflicted upon the

Art. 274. Services rendered under compulsion in payment of

Art. 275. Abandonment of persons in danger and abandonment

2. That the child is under seven (7) years of age;

Section Two. Trespass to Dwelling

Note: If committed by means of violence or intimidation, offense