CRIMINAL LAW REVIEW
a) Art.347. Simulation of births, substitution of one child for another and
Book 2
Judge C. Damasing
By: Aura U. Villones
Title I Crimes Against National Security and the Law of Nations
Title II Crimes Against the Fundamental Laws of the State
Title III Crimes Against Public Order
Title IV Crimes Against Public Interest
Title V Crimes Relative to Opium and other Prohibited Drugs
Title VI Crimes Against Public Morals
Title VII Crimes Committed by Public Officers
Title VIII Crimes Against Persons
Title IX Crimes Against Personal Liberty and Security
Title X Crimes Against Property
Title XI Crimes Against Chastity
Title XII Crimes Against the Civil Status of Persons
Title XIII Crimes Against Honor
Title XIV Quasi Offenses
Title XII Crimes Against The Civil Status of Persons
concealment or abandonment of a legitimate child
b) Art. 348. Usurpation of civil status
c) Art. 349. Bigamy
d) Art. 350. Marriage contracted against provisions of laws
e) Art. 351. Premature marriages
f) Art. 352. Performance of illegal marriage ceremony
Anti- Torture Act
Torture
- refers to an act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person for such purposes as
obtaining from him/her or a third person information or a confession;
punishing him/her for an act he/she or a third person has committed
or is suspected of having committed; or intimidating or coercing
him/her or a third person; or for any reason based on discrimination
of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a person in
authority or agent of a person in authority.
- It does not include pain or Buffering arising only from, inherent in or
incidental to lawful sanctions.
Types of Torture
1. Physical
- A form of treatment or punishment inflicted by a person in authority
or agent of a person in authority upon another in his/her custody that
causes severe pain, exhaustion, disability or dysfunction of one or
more parts of the body.
2. Mental or Psychological
- Refers to acts committed by a person in authority or agent of a
person in authority which are calculated to affect or confuse the mind
and/or undermine a person's dignity and morale.
Illegal Detention vs. Unlawful Arrest consummated. If rape complex crime and
was merely attempted, neither separate crimes
Illegal Detention Unlawful Arrest there will be two but only forcible
Committed by private Committed by private separate crimes. abduction because the
persons only persons and by public attempt to rape is
officers merely a manifestation
The purpose is restraint The purpose of the of the lewd design.
or deprivation of arrest must be to Kidnapping w/ rape vs. Forcible Abduction w/ rape
liberty, or that the deliver the person
victim was transported arrested to the proper Kidnapping with rape Forcible Abduction with
away against his will authorities but it was rape
with the primary or made without any This is a complex crime The crime is complex
original intent to effect reasonable ground. or special complex under Art. 48 since
that restraint or (To turn over to the crime or a single forcible abduction is a
deprivation. judicial authorities) indivisible felony. necessary means to
commit rape.
Note: To distinguish whether the crime committed was kidnapping or robbery No lewd design There is lewd design
and the victim involuntarily surrendered some amount, motive is material for
when variant crimes may arise in a particular case the motive of the offender
Rape is not a separate Rape is also a crime, not
will determine what crime the accused should be convicted of.
crime but a qualifying merely qualifying
circumstance circumstance
Even if there are If there are multiple
Kidnapping vs. Forcible Abduction multiple rapes, there is rapes, only the first rape
only one kidnapping shall be complexed with
Kidnapping Forcible Abduction with rape. The excess forcible abduction
If the original intent is If the taking is with lewd rapes are absorbed because the abduction
to detain or deprive designs is necessary to commit
liberty only the first rape, and
The penalty is lighter the other rapes will be
than kidnapping treated as separate
No matter how many If the woman is raped crimes.
rapes there are, there is several times, only one If rape was merely If rape is merely
only one kidnapping rape will be complexed attempted, two attempted, there is only
with rape. with the forcible separate crimes- forcible abduction, the
abduction and the rest kidnapping and attempt to rape is
will be separate crimes attempted rape merely a manifestation
of rape. of lewd design
In kidnapping with rape, If the rape was merely
both should be attempted, there is no
Slavery - With the presence of the owner of the house or his relatives.
- This is committed if anyone shall purchase, kidnap, or detain a human
being for the purpose of enslaving him. Rebellion

Elements of Slavery Elements

1. Offender purchases, sells, kidnaps or detains a human being; 1. There is a public uprising and taking arms against the
2. The purpose of the offender is to enslave such human being. government;
2. The purpose of the uprising or movement is
a. to remove from the allegiance to the government or its laws
Trespass to Dwelling vs. Trespass to Property Philippine territory or any part thereof, or any body of land,
naval, or other armed forces;
Trespass to dwelling Trespass to property b. or to deprive the Chief Executive or Congress, wholly or
partially, of any of their powers or prerogatives.
The place is inhabited The place is not
inhabited Note: The essence of this crime is a public uprising with the taking up of
arms. It requires a multitude of people. It aims to overthrow the duly
Note: it is not the structure that determines whether the offense is trespass to constituted government.
dwelling or to property.
The crime can only be committed through force and violence.
In trespass to property, there is clear or manifest prohibition for
entering. This can be committed by any person and it is a continuing offense.

Violation of Domicile vs. Trespass to Dwelling

Political Offense Doctrine
- Common crimes, perpetrated in furtherance of a political offense, are
Violation of Domicile Trespass to Dwelling
divested of their character as "common" offenses and assume the
Committed by public Any private person political complexion of the main crime of which they are mere
officers whose function ingredients, and, consequently, cannot be punished separately from
involves enforcement the principal offense, or complexed with the same, to justify the
of warrants imposition of a graver penalty.
- Thus, when a killing is committed in furtherance of rebellion, the
Note: If the public officer is not one authorized to serve a warrant of arrest or killing is not homicide or murder. Rather, the killing assumes the
search warrant or to enter the place, he may commit trespass instead of political complexion of rebellion as its mere ingredient and must be
violation of dwelling. prosecuted and punished as rebellion alone.
- Political motivation must be proved. (Ocampo case)
Search Warrant
- Must be served with the presence of at least 2 witnesses of suitable Is it applicable to sedition?
age and discretion. - No, because the object of sedition may be civil.
 e. To despoil for any political or social end, any person, municipality
Note: The prosecutor has the discretion to charge them of a political offense or province, or the national government of all its property or any part
or common crimes. thereof.
If he decides to charge them of a political offense, political motive must be
proved first. Tumultuously
- 4 or more armed men
Proposal vs. Inciting
Proposal Inciting Persons Liable
Done secretly Done publicly or 1. The leader of the sedition; and
openly 2. Other person participating in the sedition.
The one proposing It is not required that
decides to commit it the offender has Note: Sedition is also removed from absorption theory of loose firearms.
decided to commit it Seditious acts may amount to direct assault.
If theres only hatred, then the crime is not sedition but Malicious Mischief.
Note: Inciting to commit a crime is not an offense except for rebellion or Sedition is not a predicate crime for terrorism.
insurrection or sedition.
Rebellion vs. Sedition
Sedition Rebellion Sedition
- For any political or social end and done tumultuously There must be taking It is sufficient that the
- To prevent up of arms against the public uprising be
- To inflict government. tumultuous.
- To destroy The purpose is always The purpose may be
political political or social
Elements
1. Offenders rise publicly and tumultuously; Inciting to Commit Sedition
2. Offenders employ force, intimidation, or other means outside of legal
methods; Acts punished
3. Purpose is to attain any of the following objects: 1. Inciting others to the accomplishment of any of the acts which
a. To prevent the promulgation or execution of any law or the holding constitute sedition by means of speeches, proclamations, writings,
of any popular election; emblems, etc.;
b. To prevent the national government or any provincial or municipal 2. Uttering seditious words or speeches which tend to disturb the public
government, or any public officer from exercising its or his functions peace;
or prevent the execution of an administrative order; 3. Writing, publishing, or circulating scurrilous libels against the
c. To inflict any act of hate or revenge upon the person or property of government or any of the duly constituted authorities thereof, which
any public officer or employee; tend to disturb the public peace.
d. To commit, for any political or social end, any act of hate or
revenge against private persons or any social classes;
Treason
Elements
1. Offender is a Filipino or resident alien;
2. There is a war in which the Philippines is involved;
3. Offender either
a) levies war against the government; or
b) adheres to the enemies, giving them aid or comfort within the
Philippines or elsewhere
Terrorism
2 modes of committing Treason
1. Levying war against the government;
2. Adheres to the enemies, giving them aid or comfort within the
Philippines or elsewhere.
Coup d etat
Elements
1. Offender is a person or persons belonging to the military or
What are the acts under Terrorism?
police or holding any public office or employment;
2. It is committed by means of a swift attack accompanied by
violence, intimidation, threat, strategy or stealth;
3. The attack is directed against the 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;
4. The purpose of the attack is to seize or diminish state power.
Note: The essence of the crime is swift attack.
This cannot be a continuing offense because it can no longer be a swift attack.
This can also be initiated by a single person.
Persons Liable for Rebellion, Insurrection and Coup d etat
1. The leaders-
a) Any person who promotes, maintains or heads a rebellion or
insurrection; or
b) Any person who leads, directs or commands others to undertake
a coup d' etat;
2. The participants-
a) Any person who participates or executes the commands of others
in rebellion, insurrection or coup d' etat;
b) Any person not in the government service who participates,
supports, finances, abets or aids in undertaking a coup d' etat.
- Any act intended to cause death or serious bodily harm to civilians or
non-combatants with the purpose of intimidating a population or
compelling a government or an international organization to do or
abstain from doing any act.
- thereby sowing and creating a condition of widespread and
extraordinary fear and panic among the populace, in order to coerce
the government to give in to an unlawful demand shall be guilty of
the crime of terrorism
1. Article 122 (Piracy in General and Mutiny in the High Seas or in the
Philippine Waters)
2. Article 134 (Rebellion or Insurrection)
3. Article 134-a (Coup d' Etat), including acts committed by private
person
4. Article 248 (Murder)
5. Article 267 (Kidnapping and Serious Illegal Detention)
6. Article 324 (Crimes Involving Destruction), or under
a) Presidential Decree No. 1613 (The Law on Arson)
b) Republic Act No. 6969 (Toxic Substances and Hazardous and
Nuclear Waste Control Act of 1990
c) Republic Act No. 5207, (Atomic Energy Regulatory and Liability
Act of 1968)
d) Republic Act No. 6235 (Anti-Hijacking Law)
e) Presidential Decree No. 532 (Anti-Piracy and Anti-Highway
Robbery Law of 1974); and
f) Presidential Decree No. 1866, as amended (Decree Codifying the
Laws on Illegal and Unlawful Possession, Manufacture, Dealing in,
 Acquisition or Disposition of Firearms, Ammunitions or
Explosives)
Direct Assault
Acts Punished
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;
Elements:
a) Offender employs force or intimidation;
b) The aim of the offender is to attain any of the purposes of the
crime of rebellion or any of the objects of the crime of sedition;
c) There is no public uprising
2. Without public uprising, by attacking, by employing force or by
seriously intimidating or by seriously resisting any person in authority
or any of his agents, while engaged in the performance of official
duties, or on occasion of such performance.
Elements:
a) Offender makes an attack, employs force, makes a serious
intimidation, or makes a serious resistance;
b) The person assaulted is a person in authority or his agent;
c) At the time of the assault, the person in authority or his agent is
engaged in the actual performance of official duties, or that he is
assaulted by reason of the past performance of official duties;
d) Offender knows that the one he is assaulting is a person in
authority or his agent in the exercise of his duties.
e) There is no public uprising.
Note: The crime of direct assault punishes the spirit of lawlessness and the
contempt or hatred for the authority or the rule of law.
Direct assault absorbs the lighter felony; the crime of direct
assault can not be separated from the material result of the act.
Person in authority
- any person directly vested with jurisdiction, whether as an
individual or as a member of some court or government
corporation, board, or commission.
Agent of a person in authority
- any person who by direct provision of law or by election or by
appointment by competent authority, is charged with the
maintenance of public order and the protection and security of
life and property.
Indirect Assault
- The victim in indirect assault should be a private person who comes in
aid of an agent of a person in authority.
- The victim cannot be the person in authority or his agent.
Elements
1. A person in authority or his agent is the victim of any of the forms of
direct assault defined in Article 148;
2. A person comes to the aid of such authority or his agent;
3. Offender makes use of force or intimidation upon such person
coming to the aid of the authority or his agent.
Note: There is no indirect assault when there is no direct assault.
When any person comes in aid of a person in authority, said person at
that moment is no longer a civilian he is constituted as an agent of the
person in authority. If such person were the one attacked, the crime would be
direct assault.
Malfeasance
- The doing of something which in the first place should not be done
because it is wrong
Misfeasance
- The performance of an act which the officer may perform but does so
erroneously
Nonfeasance
 - The omission to do an act which the officer should perform but does 2. He refrains from arresting or prosecuting a person who committed a
not do so. crime;
3. The crime committed must be punishable with reclusion perpetua
Bribery and/or death
- The crime of the public officer who receives a gift, present, offer or 4. Said officer refrained from prosecuting or arresting the offender
promise by reason or in connection with the performance of his because of money, gift or promise as consideration thereof.
official duties.
- It is the crime of receiver.
Plunder
Kinds of Bribery - Is the act of a public officer of accumulating ill-gotten wealth of at
least P50 million through a series or combination of acts enumerated
1. Direct Bribery in Sec. 1, Par (d) of the Plunder Law.
- The public officer will do an act which may or may not constitute a - Any public officer who, by himself or in connivance with members of
crime, or refrain from doing what he should do in consideration of his family, relatives by affinity or consanguinity, business associates,
what he will receive. subordinates or other persons, amasses, accumulates or acquires ill-
gotten wealth through a combination or series of overt criminal acts
2. Indirect Bribery as described in Section 1 (d) hereof in the aggregate amount or total
- The public officer does not have to do anything in consideration of value of at least Fifty million pesos (P50,000,000.00) shall be guilty of
what he receives. the crime of plunder and shall be punished by reclusion perpetua to
- The gift is given to him by reason of his office without more. death. Any person who participated with the said public officer in the
commission of an offense contributing to the crime of plunder shall
3. Qualified Bribery likewise be punished for such offense. In the imposition of penalties,
- A law enforcement officer refrains from arresting or prosecuting an the degree of participation and the attendance of mitigating and
offender who commits an offense penalized with reclusion perpetua extenuating circumstances, as provided by the Revised Penal Code,
and/or death. shall be considered by the court. The court shall declare any and all
ill-gotten wealth and their interests and other incomes and assets
Elements of Direct Bribery including the properties and shares of stocks derived from the
deposit or investment thereof forfeited in favor of the State.
1. Accused is a public officer;
2. He received by himself or thru another, some gift or present, offer or
promise; Sec. 1, Par (d)
3. Such gift, present or promise has been given in consideration of his d) Ill-gotten wealth means any asset, property, business enterprise or
commission of some crime or any act not constituting a crime; and material possession of any person within the purview of Section Two (2)
4. The crime or act relates to the exercise of his functions. hereof, acquired by him directly or indirectly through dummies, nominees,
agents, subordinates and/or business associates by any combination or series
of the following means or similar schemes:
Elements of Qualified Bribery
1) Through misappropriation, conversion, misuse, or malversation of
1. Offender must be a public officer charged with law enforcement; public funds or raids on the public treasury;
 2) 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;
3) By the illegal or fraudulent conveyance or disposition of assets
belonging to the National Government or any of its subdivisions,
agencies or instrumentalities or government-owned or -controlled
corporations and their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares
of stock, equity or any other form of interest or participation
including promise of future employment in any business enterprise or
undertaking;
5) By establishing agricultural, industrial or commercial monopolies or
other combinations and/or implementation of decrees and orders
intended to benefit particular persons or special interests; or
6) 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.
Combination
- Refers to atleast (2) enumerations in Sec. 1, Par (d).
Series
- There must be (2) or more overt or criminal acts falling under the
same category of enumeration.
Anti- graft and Corrupt Practices Act
- Enacted under the police power to promote morality in public service;
- To deter public officials and employees from committing acts of dishonesty;
and
- To repress certain acts of public officers and private persons constituting
graft or corrupt practices or which may lead thereto.
Section 3. Corrupt practices of public officers. In addition to acts or omissions
of public officers already penalized by existing law, the following shall
constitute corrupt practices of any public officer and are hereby declared to
be unlawful:
(a) Persuading, inducing or influencing another public officer to
perform an act constituting a violation of rules and regulations duly
promulgated by competent authority or an offense in connection
with the official duties of the latter, or allowing himself to be
persuaded, induced, or influenced to commit such violation or
offense.
(b) Directly or indirectly requesting or receiving any gift, present,
share, percentage, or benefit, for himself or for any other person, in
connection with any contract or transaction between the
Government and any other part, wherein the public officer in his
official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or
other pecuniary or material benefit, for himself or for another, from
any person for whom the public officer, in any manner or capacity,
has secured or obtained, or will secure or obtain, any Government
permit or license, in consideration for the help given or to be given,
without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment
in a private enterprise which has pending official business with him
during the pendency thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government,
or giving any private party any unwarranted benefits, advantage or
preference in the discharge of his official administrative or judicial
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.
(f) Neglecting or refusing, after due demand or request, without Offense committed in relation to office
sufficient justification, to act within a reasonable time on any matter
pending before him for the purpose of obtaining, directly or - Means the relation between the crime and the office contemplated
indirectly, from any person interested in the matter some pecuniary by the law.
or material benefit or advantage, or for the purpose of favoring his - The offense cannot exist without the office.
own interest or giving undue advantage in favor of or discriminating - The office must be a constituent element of the offense.
against any other interested party.
Office
(g) Entering, on behalf of the Government, into any contract or
transaction manifestly and grossly disadvantageous to the same,
- Applies to any office which the officer chatged may be holding, and
whether or not the public officer profited or will profit thereby.
not only the particular office under which he stands accused.
(h) Director or indirectly having financing or pecuniary interest in any
- Public officers, whether in the Career or Non- Career Service, who
receive compensation even nominal, from the national government,
business, contract or transaction in connection with which he
the local governments, the government-owned or controlled
intervenes or takes part in his official capacity, or in which he is
corporations, and all other instrumentalities or agencies of the
prohibited by the Constitution or by any law from having any
government may be charged and penalized under the anti-graft law
interest.
such as contractual employees and re-elected public officers.
(i) Directly or indirectly becoming interested, for personal gain, or
Note: Condonation of an officers misconduct committed during his expired
having a material interest in any transaction or act requiring the
term applies only to his administrative but not to his criminal guilt. It does not
approval of a board, panel or group of which he is a member, and
wipe out the criminal liabilities incurred by him in a previous term.
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. (2) Ways of violating Sec. 3 (a)

Interest for personal gain shall be presumed against those public
officers responsible for the approval of manifestly unlawful,
inequitable, or irregular transaction or acts by the board, panel or
group to which they belong.
(j) Knowingly approving or granting any license, permit, privilege or
benefit in favor of any person not qualified for or not legally entitled
to such license, permit, privilege or advantage, or of a mere
representative or dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character,
acquired by his office or by him on account of his official position to
unauthorized persons, or releasing such information in advance of its
authorized release date.
1. (The one persuading) A public officer persuading, inducing or influencing
another public officer to perform:
a) an act constituting a violation of rules and regulations duly
promulgated by competent authority; or
b) an offense in connection with the official duties of the latter.
2. (The one being persuaded) A public officer allowing himself to be
persuaded, induced, or influenced to commit such violation or offense.
Sec. 3 (b) penalizes (3) distinct acts
1. Demanding or requesting;
2. Receiving;
 3. Demanding, requesting and receiving any gift, present, share,
percentage, or benefit for oneself or for any other person, in
connection with any contract or transaction between the government
and any other party, wherein a public officer in an official capacity has
to intervene under the law.
Elements of 3(b)
1. The offender is a public officer ;
2. He requested and/or received a gift, present, or consideration;
3. The gift, present, or consideration was for the benefit of the said
public officer;
4. The gift, present, or consideration was requested and/or received in
connection with a contract or transaction with the government; and
5. The officer has the right to intervene in such contract or transaction
in his official capacity.
(2) Ways of violating Sec. 3(e)
1. By causing any undue injury to any party, including the government; or
2. By giving any party any unwarranted benefit, advantage or preference.
Note: The attempted/ frustrated stage of the offense in Sec. 3(e) is not
punishable being mala prohibita.
Elements
1. The accused are public officers or private persons charged in
conspiracy with them;
2. Said public officers commit the prohibited acts during the
performance of their official duties or in relation to their public
positions;
3. They cause undue injury to any party, whether the Government or a
private party;
4. Such injury is caused by giving unwarranted benefits, advantage or
preference to such parties; and
5. The public officers have acted with manifest partiality, evident bf, or
gross inexcusable negligence.
Elements of the violation under Sec. 3(f)
1. The offender is a public officer;
2. He has neglected or refused to act without sufficient justification;
after due demand or request has been made on him;
3. Reasonable time has elapsed from such demand or request without
the public officer having acted on the matter pending before him; and
4. Such failure to 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.
Elements of the crime under Sec. 3(g)
1. The accused is a public officer;
2. He entered into a contract or transaction in behalf of the
government; and
3. Such contract or transaction is grossly and manifestly
disadvantageous to the government.
Sec. 3 (h) can be violated by
Any public officer who has direct or indirect financial or pecuniary interest in
any business, contract or transaction in connection with which:
a) He intervenes or takes part in his official capacity;
b) He is prohibited by the Constitution from having any interest; or
c) He is prohibited by any law from having any interest, such as RA 6713
Prescriptive Period
- The prescriptive period of violations thereof is governed by Act 3326.
Although Sec.11 of RA 3019 provides that offenses committed shall
prescribe in 15 years, prior to its amendment, the prescriptive period
for violation of said law was only 10 years.
- Where the offenses punishable under RA 3019 were committed
before March 16, 1982, the longer prescriptive period (15 years) is
applicable.
 - The prescriptive period would start to run only upon discovery of the
alleged illegality of the transactions, after the investigations thereon
were conducted.
Malversation of Public Funds
Elements
1. The offender is a public officer;
2. He has custody or control of funds or property by reason of the duties
of his office;
3. The funds or property involved are public funds or property for which
he is accountable; and
4. He has appropriated, taken or misappropriated, or had consented to,
or through abandonment or negligence, permitted, the taking of
another person of, such funds or property.
3 separate ways of committing malversation
1. Appropriating, taking or misappropriating;
2. Consenting; or
3. Through abandonment or negligence, permitting any other person to
take such public funds or property.
Note: This may be committed either through a positive act of
misappropriation or passively through negligence by allowing another to
commit such misappropriation.
What are the things that must be proved?
1. The defendant received in his possession public funds or property;
2. He could not account for them and did not have them in his
possession when audited;
3. The audit is complete, accurate and reliable; and
4. He could not give a satisfactory or reasonable excuse for the
disappearance of said funds or property.
Culpable Malversation
- Lost through abandonment or negligence without knowledge.
Intentional Malversation
- wilfully, unlawfully and feloniously and with grave abuse of
confidence did then and there misappropriate, embezzle and convert
to his own personal use and benefit from said funds (Cabello vs.
Sandiganbayan)
Note: Culpable malversation is necessarily included by intentional
malversation. If the information charged the latter but what is proved is
culpable malversation, the conviction for culpable malversation is proper
because unlike the other felonies wherein a lower penalty is imposed when
the offense is committed through negligence, either because it so specified in
the particular provision defining and punishing that felony or by force of Art.
365, in malversation the penalty is the same whether the mode of
commission is with intent or by negligence. (Cabello vs. Sandiganbayan)
Good faith is a valid defense because it would negate criminal intent.
Actus non facit reum, nisi mens sit rea (There can be no crime when the
criminal mind is wanting)
How is malversation committed by a private person?
1. When a private person conspired with a public officer to commit
malversation;
2. When he is an accomplice or accesssory;
3. Where the private person was constituted a custodian of public
property iin whatever capacity even without a public officer involved
and he misappropriated the same.
Malversation Estafa Qualified theft
 Cannot be Can be Can be Elements
committed committed committed
against private against private against private 1. The offender is a public officer;
property or public funds or public funds 2. There is public fund or property under his administration;
except for 3. Such public fund or property has been appropriated by law or
private ordinance; and
property in 4. He applies the same to a public use other than that for which such
custodia legis fund or property has been appropriated.

Must be a Can be a Can be a Note: Presumption of criminal intent does not automatically apply to technical
public officer private person private person malversation because disbursement of public funds for public use is not per se
accountable or a public or a public an unlawful act.
over the officer officer
property Malversation Technical Malversation
appropriated
Offender is an Offender is an
Taking of If the offender If the offender accountable officer accountable officer
public funds or who is not who has The offender in certain Does not derive any
property is accountable physical or cases profits from the personal gain or profit
malversation if therefor material proceeds of the crime
the public acquired possession The public fund or The public fund is
officer is juridical took the property is applied to applied to another
accountable possession property with the personal use and public use
therefor. and taken it abuse of benefit of thee
with deceit confidence. offender or of another
person
Note: In all three, abuse of confidence is present. It is illegal per se for the The act is not illegal per
public funds were se because it is another
Technical Malversation (illegal use of public funds) diverted to personal public use
use
- The public officer applies public funds under his administration to a There is no such There must be an
public use other than that for which the fund was appropriated by requirement appropriation either by
oaw or ordinance. law such as a general
- It does not include in nor does it necessarily include malversation. appropriation law or an
- For this to exist, it is necessary that public funds or property had been ordinance enacted by a
diverted to any public use other than that provided for by law or local legislative body
ordinance.
Arias Doctrine Infidelity in the Custody of Prisoners vs. Delivering Prisoners from Jail

- Head of office is not required to examine every single detail of any Infidelity in the Delivering Prisoners
Custody of Prisoners from Jail
transaction from its inception until it is finally approved.
The offender may be The offender may be
Alarms and Scandals a public officer or a public officer or
private person private person
- Intent to scare Person involved may Person involved may
be a convict or a be a convict or a
Acts Punished mere detention mere detention
1. Discharging any firearm, rocket, firecracker, or other explosive within prisoner. prisoner.
If the offender is the If the offender is not
any town or public place, calculated to cause (which produces) alarm
custodian at that the custodian of the
of danger;
time, the crime is prisoner at that time,
2. Instigating or taking an active part in any charivari or other disorderly
infidelity in the even though he is a
meeting offensive to another or prejudicial to public tranquility; custody of prisoners. public officer, the
3. Disturbing the public peace while wandering about at night or while crime he committed
engaged in any other nocturnal amusements; is delivering prisoners
4. Causing any disturbance or scandal in public places while intoxicated from jail.
or otherwise, provided Article 153 in not applicable.
Note: Those persons who are being tried are automatically under the custody
Note: If annoyance is directed to a particular person, the crime is not alarms
of the law.
and scandals but unjust vexation.
Delivery of Prisoners from Jail vs. Evasion of Service of Sentence

Delivering Prisoners from Jail Delivery Evasion

Elements The person involved The offender must be
is a convict or a a convict by final
1. There is a person confined in a jail or penal establishment;
detention prisoner judgment.
2. Offender removes therefrom such person, or helps the escape of
such person.
3 forms of Evasion of Service of Sentence

1. By simply leaving or escaping from the penal establishment under

Article 157;
2. Failure to return within 48 hours after having left the penal
establishment because of a calamity, conflagration or mutiny and
such calamity, conflagration or mutiny has been announced as
already passed under Article 158;
 3. Violating the condition of conditional pardon under Article 159.
Evasion of Service of Sentence on the Occasion of Disorders,
Conflagrations, Earthquakes, or Other Calamities
Elements:
1. Offender is a convict by final judgment, who is confined in a penal
institution;
2. There is disorder, resulting from
a. conflagration;
b. earthquake;
c. explosion; or
d. similar catastrophe; or
e. mutiny in which he has not participated;
3. He evades the service of his sentence by leaving the penal
institution where he is confined, on the occasion of such disorder or
during the mutiny;
4. He fails to give himself up to the authorities within 48 hours
following the issuance of a proclamation by the Chief Executive
announcing the passing away of such calamity.
Note: Those who did not leave the penal institution during the
calamity shall be entitled to 2/5 of the original term deduction.
Those who returned within 48h shall be entitled to 1/5
deduction (1/5 shall be deducted to his whole sentence)
Those who did not return shall be given additional 1/5 of his
remaining sentence.
Art. 159. Quasi Recidivism
Elements of violation of conditional pardon
1. Offender was a convict;
2. He was granted pardon by the Chief Executive;
3. He violated any of the conditions of such pardon.
Note: In violation of conditional pardon, as a rule, the violation will
amount to this crime only if the condition is violated during the
remaining period of the sentence.
As a rule, if the condition of the pardon is violated when the
remaining unserved portion of the sentence has already lapsed, there will
be no more criminal liability for the violation. However, the convict
maybe required to serve the unserved portion of the sentence, that is,
continue serving original penalty.
If the remitted term exceeds 6y, he shall not be liable for this. He shall
only serve the remaining sentence.
If the remitted term is less than 6y, then he shall be liable under Art.
159.
Destierro
- Destierro is a principal penalty.
- It is a punishment whereby a convict is banished from a certain place
and is prohibited from entering or coming near that place designated
in the sentence for not less than 25 kilometers. However, the court
cannot extend beyond 250 kms. If the convict should enter the
prohibited places, he commits the crime of evasion of service of
sentence under Article 157. But if the convict himself would go
further from which he is banished by the court, there is no evasion of
service of sentence because the 250km limit is upon the authority of
the court in banishing the convict.
Under the Revised Penal Code, destierro is the penalty imposed in the
following situations:
 4 kinds of Documents
(1) When a legally married person who had surprised his or her
spouse in the act of sexual intercourse with another and while in that 1. Public document in the execution of which, a person in authority or
act or immediately thereafter should kill or inflict serious physical notary public has taken part;
injuries upon the other spouse, and/or the paramour or mistress. This 2. Official document in the execution of which a public official takes
is found in Article 247. part;
3. Commercial document or any document recognized by the Code of
(2) In the crimes of grave threats and/or light threats, when the Commerce or any commercial law; and
offender is required to put up a bond for good behavior but failed or 4. Private document in the execution of which only private individuals
refused to do so under Article 248, such convict shall be sentenced take part.
with destierro so that he would not be able to carry out his threat.
Private Document vs. Public Document
(3) In the crime of concubinage, the penalty prescribed for the
concubine is destierro under Article 334. Private Public
Cannot be Can be
(4) Where the penalty prescribed by law is arresto mayor, but the complexed complexed
offender is entitled to privileged mitigating circumstances and, Damage is an Damage is not an
lowering the prescribed penalty by one degree, the penalty becomes essential element essential element
destierro. Thus it shall be the one imposed.

Art. 160. Recidivism Note: Once official forms are filled out, they become official records.

Concealment is also a form of falsification.

Elements
1. Offender was already convicted by final judgment of one offense;
2. He committed a new felony before beginning to serve such sentence
or while serving the same.
The first acts of falsification or falsity are (1) Counterfeiting refers to
money or currency;
(2) Forgery refers to instruments of credit and obligations and securities
issued by the Philippine government or any banking institution authorized by
the Philippine government to issue the same;
(3) Falsification can only be committed in respect of documents.
8 acts of Falsification
1. Counterfeiting or imitating any handwriting, signature or rubric;
2. Causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participate;
3. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them;
4. Making untruthful statements in a narration of facts;
5. Altering true dates;
6. Making any alteration or intercalation in a genuine document which
changes its meaning;
7. 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, Serious Physical Injuries
that of the genuine original; or
8. Intercalating any instrument or note relative to the issuance thereof - If the victim becomes insane, blind, loss her speech, incapacitated to
in a protocol, registry, or official book. work, deformed for a period of more than 90d, the penalty shall be
death.
Forgery vs. Falsification
Art. 266-A Rape
Falsification Forgery
Elements for Traditional
The commission of any Refers to the
of the eight acts falsification and 1. Offender is a man;
mentioned in Article counterfeiting of 2. Offender had carnal knowledge of a woman;
171 on legislative (only treasury or bank notes 3. Such act is accomplished under any of the following circumstances:
the act of making or any instruments
alteration), public or payable to bearer or to a. By using force or intimidation;
official, commercial, or order. b. When the woman is deprived of reason or otherwise
private documents, or unconscious;
wireless, or telegraph c. By means of fraudulent machination or grave abuse of authority;
messages. or
d. When the woman is under 12 years of age or demented.
Forgery vs. Counterfeiting
Elements of Sexual Assault
Forgery Counterfeiting
Applies to papers, Refers to money, 1. Offender commits an act of sexual assault;
which are in the form whether coins or bills. 2. The act of sexual assault is committed by any of the following means:
of obligations and
securities issued by the a. By inserting his penis into another person's mouth or anal orifice;
Philippine government or
as its own obligations, b. By inserting any instrument or object into the genital or anal
which is given the orifice of another person;
same status as legal
tender. 3. The act of sexual assault is accomplished under any of the following
circumstances:
Anti-Alias Law
a. By using force or intimidation; or
- Intended for habitual purposes and for public purposes. b. When the woman is deprived of reason or otherwise
unconscious; or
c. By means of fraudulent machination or grave abuse of authority;
or
 d. When the woman is under 12 years of age or demented
Note: Intimidation or undue influence must be alleged in the information.
Elements must also be alleged.
It cannot be prosecuted with RA 7610 because it would tantamount to
double jeopardy.
For qualified rape
- Includes the common law spouse of the parent
- Excludes that of the grandparent of such common law spouse
Statutory rape
- Below 12 y with or without consent
Qualified rape
- Below 7 y
RA 9165 Dangerous Drugs Act
- SEC. 24. Non-Applicability of the Probation Law for Drug Traffickers
and Pushers. Any person convicted for drug trafficking or pushing
under this Act, regardless of the penalty imposed by the Court,
cannot avail of the privilege granted by the Probation Law or
Presidential Decree No. 968, as amended.
In people vs. Padua, Padua pleaded guilty and applied for probation.
However, the court denied such application because RA 9165 provides
that drug traffickers cannot avail of such regardless of the penalty
imposed by the court. He could have availed the suspension of sentence.
However, he already reached the age of 21.
In the case of people vs. mantalaba, he was a minor at the time of the
arrest. He can avail of the privileged mitigating circumstance as such, the
penalty of reclusion perpetua shall be lowered down to reclusion
temporal. However, he can no longer avail the suspension of sentence
because he already reached the age beyond 21.
Chain of Custody in Drugs
(1) The apprehending team having initial custody and control of the drugs
shall, immediately after seizure and confiscation, physically inventory and
photograph the same in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/her representative
or counsel, a representative from the media and the Department of Justice
(DOJ), and any elected public official who shall be required to sign the copies
of the inventory and be given a copy thereof;
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous
drugs, plant sources of dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia and/or laboratory
equipment, the same shall be submitted to the PDEA Forensic Laboratory for
a qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination results, which shall
be done under oath by the forensic laboratory examiner, shall be issued
within twenty-four (24) hours after the receipt of the subject
item/s: Provided, That when the volume of the dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential
chemicals does not allow the completion of testing within the time frame, a
partial laboratory examination report shall be provisionally issued stating
therein the quantities of dangerous drugs still to be examined by the forensic
laboratory: Provided, however, That a final certification shall be issued on the
completed forensic laboratory examination on the same within the next
twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two
(72) hours, conduct an ocular inspection of the confiscated, seized and/or
surrendered dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the
PDEA shall within twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence of the accused or the
person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the DOJ, civil
society groups and any elected public official. The Board shall draw up the
guidelines on the manner of proper disposition and destruction of such
item/s which shall be borne by the offender: Provided, That those item/s of
lawful commerce, as determined by the Board, shall be donated, used or
recycled for legitimate purposes: Provided, further, That a representative
sample, duly weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of
destruction or burning of the subject item/s which, together with the
representative sample/s in the custody of the PDEA, shall be submitted to the
court having jurisdiction over the case. In all instances, the representative
sample/s shall be kept to a minimum quantity as determined by the Board;
(6) The alleged offender or his/her representative or counsel shall be allowed
to personally observe all of the above proceedings and his/her presence shall
not constitute an admission of guilt. In case the said offender or accused
refuses or fails to appoint a representative after due notice in writing to the
accused or his/her counsel within seventy-two (72) hours before the actual
burning or destruction of the evidence in question, the Secretary of Justice
shall appoint a member of the public attorney's office to represent the
former;
(7) After the promulgation and judgment in the criminal case wherein the
representative sample/s was presented as evidence in court, the trial
prosecutor shall inform the Board of the final termination of the case and, in
turn, shall request the court for leave to turn over the said representative
sample/s to the PDEA for proper disposition and destruction within twenty-
four (24) hours from receipt of the same; and
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity
of this Act, dangerous drugs defined herein which are presently in possession
of law enforcement agencies shall, with leave of court, be burned or
destroyed, in the presence of representatives of the Court, DOJ, Department
of Health (DOH) and the accused/and or his/her counsel, and, b) Pending the
organization of the PDEA, the custody, disposition, and burning or destruction
of seized/surrendered dangerous drugs provided under this Section shall be
implemented by the DOH.
Note: What is crucial in the chain of custody is the marking of the seized
item/s.
The following shall be subjected to drug testing:
1. Applicants for drivers license;
2. Applicants for firearm's license and for permit to carry firearms
outside of residence;
3. Students of secondary and tertiary schools;
4. Officers and employees of public and private office;
5. Officers and members of the military, police and other law
enforcement agencies;
6. All persons charged before the prosecutor's office with a criminal
offense having an imposable penalty of imprisonment of not less than
six (6) years and one (1) day;
7. All candidates for public office whether appointed or elected both in
the national or local government
Elements of Sec. 15 of RA 9165
1. The accused was arrested; (arrested for unlawful acts listed under
this law)
2. The accused was subjected to drug test; and
3. The confirmatory test shows that he used a dangerous drug
Note: Mandatory drug testing can never be random and suspicionless.
The drug test is not covered by allowable non-testimonial compulsion.
Mandatory drug testing is not allowed when the complaint has
already been filed.
Section 55. Exemption from the Criminal Liability Under the Voluntary
Submission Program. A drug dependent under the voluntary submission
program, who is finally discharged from confinement, shall be exempt from
the criminal liability under Section 15 of this act subject to the following
conditions:
(1) He/she has complied with the rules and regulations of the center,
the applicable rules and regulations of the Board, including the after-
 care and follow-up program for at least eighteen (18) months Illegal Sale
following temporary discharge from confinement in the Center or, in Elements
the case of a dependent placed under the care of the DOH-accredited 1. Identity of the seller, the buyer, the object and the consideration;
physician, the after-care program and follow-up schedule formulated 2. Delivery of drugs and payment
by the DSWD and approved by the Board: Provided, That capability-
building of local government social workers shall be undertaken by Illegal Possession
the DSWD; - There is intent to perpetrate (this is for illegal possession of firearms)
- There is actual and constructive possession ( he has control over the
(2) He/she has never been charged or convicted of any offense thing)
punishable under this Act, the Dangerous Drugs Act of 1972 or
Republic Act No. 6425, as amended; the Revised Penal Code, as
Elements of illegal possession
amended; or any special penal laws;
1. The accused is in possession of an item or object which is identified to
be a prohibited drug;
(3) He/she has no record of escape from a Center: Provided, That had
2. Such possession is not authorized by law; and
he/she escaped, he/she surrendered by himself/herself or through
3. The accused freely and consciously possessed the said drug.
his/her parent, spouse, guardian or relative within the fourth degree
of consanguinity or affinity, within one (1) week from the date of the
said escape; and
Note: Establish that the item is the same during the apprehension and it was
brought to the lab (establish the corpus delicti)
(4) He/she poses no serious danger to himself/herself, his/her family
or the community by his/her exemption from criminal liability. If the paraphernalia was not used and he was tested (+) during the
apprehension, the defendant shall be liable for 2 crimes.
Difference between Dela Cruz and Gutang case
First, Gutang was arrested in relation to a drug case. Second, he volunteered The quantity of the drugs is material
to give his urine. Third, there were other pieces of evidence that point to his
culpability for the crimes charged. In the present case, though, petitioner was 10g or more- Opium
arrested for extortion; he resisted having his urine sample taken; and finally, 10g or more- Cocaine
his urine sample was the only available evidence that was used as basis for his 10g or more- Morphine
conviction for the use of illegal drugs. 10g or more- Heroin
50g or more- Shabu
10g or more- Marijuana Resins or oils
What is the protocol?
500g or more- Marijuana leaves
- The seized items must be inventoried.
10g or more- ecstacy and etc.
Note: If it by virtue of entrapment, the inventory must be done at the police
Note: if less than the range, the penalty shall be graduated.
station.
The inventory must be marked.
50 threshold- Life imprisonment to death
10- life imprisonment
5- 20y and 1d to life imprisonment
Buy- Bust Operation
- Decoy solicitation
- is a form of entrapment employed by peace officers as an effective
way of apprehending a criminal in the act of the commission of an
offense. The criminal intent or Officers of the law or
design to commit the their agents incite,
offense charged induce, instigate or lure
2 tests in Entrapment originates in the mind of an accused into
the accused, and law committing an offense
1. Subjective test enforcement officials which he or she would
- Anything goes merely facilitate the otherwise not commit
- If the court determines that an accused was predisposed to commit apprehension of the and has no intention of
the crime charged, no level of police deceit, badgering or other criminal by employing committing.
unsavory practices will be deemed impermissible. ruses and schemes.
- It ignores the possibility that no matter what his past crimes and
general disposition were, the accused might not have committed the Cannot bar prosecution Where law enforcers act
particular crime unless confronted with inordinate inducements. and conviction. as co-principals, the
accused will have to be
2. Objective test acquitted.
- Eliminates entirely the need for considering a particular accused's
predisposition. Entrapment is a "trap for Instigation is a "trap for
- The undisputed fact that the accused was a dangerous and chronic the unwary criminal. the unwary innocent.
offender or that he was a shrewd and active member of a criminal
syndicate at the time of his arrest is relegated to irrelevancy.

Note: The objective test in buy-bust operations demands that the details of Expanded Anti- Trafficking Act of 2012
the purported transaction must be clearly and adequately shown.
Trafficking in persons
1. Sexual
Entrapment vs. Instigation 2. Work
3. Organs
Entrapment Instigation
Employment of such The means by which the
Principals
The following are considered principals:
ways and means for the accused is lured into the
1. Those who take a direct part in the execution of the act; ( principals
purpose of trapping or commission of the
by direct participation)
capturing a lawbreaker. offense charged in order
2. Those who directly force or induce others to commit it; (principal by
to prosecute him.
inducement)
 3. Those who cooperate in the commission of the offense by another
act without which it would not have been accomplished. (Principal by
indispensable cooperation)
Accomplice
- An accomplice is one who, not being a principal, cooperates in the
execution of the offense by previous or simultaneous acts.
- His role in the perpetration of the crime is of a minor character.
Requisites
To be an accomplice:
1. Offender should take part in the execution of the crime by previous
or simultaneous acts; and
2. He intends to take part in the commission of the crime.
Accessories
- Accessories are those who, having knowledge of the commission of
the crime, and without having participated therein, either as
principals or accomplices, take part subsequent to its commission in
any of the following manners:
1. By profiting themselves or assisting the offender to profit by the
effects of the crime;
2. By concealing or destroying the body of the crime, or the effects
or instruments thereof, in order to prevent its discovery;
3. By harboring, concealing, or assisting in the escape of the
principal of the crime.
3 fold rule
- The maximum duration of the convicts sentence shall not be more
than three-fold the length of time corresponding to the most severe
of the penalties imposed upon him.
- Such maximum shall in no case exceed 40 years.
Note: Conversion shall only apply to minor (life imprisonment to reclusion
perpetua)
Void for Vagueness Doctrine
- Statute which either forbids or requires the doing of an act in terms
so vague that men of common intelligence must necessarily guess at
its meaning and differ as to its application, violates the first essential
of due process of law.
Note: Overbreadth and Void for Vagueness Doctrine are not applicable in
criminal cases except for freedom of expression
Grave Scandal
- This is different from alarms and scandals
- Penalty is public censure and arresto mayor
- This is an offense against decency or good customs by any highly
scandalous conduct not expressly falling within any other article of
this Code.
- The act must be within the knowledge and view.
Effect:
To corrupt the mind of the viewer; it is more on the effect upon the
viewer and not alone on the conduct of the performer.
What is the Test for Obscenity?
- Contemporary Community Standards
Basic guidelines:
1. whether the average person, applying contemporary standards
would find the work, taken as a whole, appeals to the prurient
interest
2. whether the work depicts or describes, in a patently offensive way,
sexual conduct specifically defined by the applicable state law
3. whether the work, taken as a whole, lacks serious literary, artistic,
political, or scientific value
Parricide
Elements
1. A person is killed;
2. The deceased is killed by the accused;
3. 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.
Note: This is a crime committed between people who are related by
blood whether legitime or illegitimate.
The relationship must be in the direct line and not in the
collateral line.
Concealment of dishonor in killing the child is not mitigating in
parricide.
Murder
Elements
1. Person was killed;
2. Accused killed him;
3. The killing was attended by any of the following qualifying
circumstances
a. With treachery, taking advantage of superior strength, with the
aid or armed men, or employing means to weaken the defense,
or of means or persons to insure or afford impunity;
b. In consideration of a price, reward or promise;
c. By means of inundation, fire, poison, explosion, 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 of the calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic, or any other public calamity;
e. With evident premeditation;
f. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person or
corpse.
4. The killing is not parricide or infanticide.
Homicide
Elements
1. A person was killed;
2. Offender killed him without any justifying circumstances;
3. Offender had the intention to kill, which is presumed;
4. The killing was not attended by any of the qualifying circumstances of
murder, or by that of parricide or infanticide.
Note: Murder and Homicide are committed with the intent to kill. The only
difference is that in order for it to be called murder, it must have qualifying
circumstances.
In attempted or frustrated homicide, there is intent to kill. In physical
injuries, there is none. However, if as a result of the physical injuries inflicted,
the victim died, the crime will be homicide because the law punishes the
result, and not the intent of the act.
Art. 247. Death or Physical Injuries Inflicted under Exceptional
Circumstances
Elements
1. 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. He or she kills any or both of them, or inflicts upon any or both
of them any serious physical injury in the act or immediately
thereafter;
3. He has not promoted or facilitated the prostitution of his wife or
daughter, or that he or she has not consented to the infidelity
of the other spouse.
Note: Immediately thereafter has been interpreted to mean that between
the surprising and the killing of the inflicting of the physical injury, there
should be no break of time. In other words, it must be a continuous
process.
Article 247 does not provide that the victim is to be killed
instantly by the accused after surprising his spouse in the act of
intercourse. What is required is that the killing is the proximate result
of the outrage overwhelming the accused upon the discovery of the
infidelity of his spouse.
Art. 251. Death Caused in a Tumultuous Affray
Elements
1. There are several persons;
 2. They do not compose groups organized for the common purpose of
assaulting and attacking each other reciprocally;
3. These several persons quarreled and assaulted one another in a
confused and tumultuous manner;
4. Someone was killed in the course of the affray;
5. It cannot be ascertained who actually killed the deceased;
6. The person or persons who inflicted serious physical injuries or who
used violence can be identified.
Note: It is not a tumultuous affray which brings about the crime; it is the
inability to ascertain actual perpetrator. It is necessary that the very person
who caused the death cannot be known, not that he cannot be identified.
As long as it cannot be determined who killed the victim, all of those persons
who inflicted serious physical injuries will be collectively answerable for the
death of that fellow.
Infanticide
Elements
1. A child was killed by the accused;
2. The deceased child was less than 72 hours old.
Note: The offender may actually be the parent of the child. If the age of
the victim is less than three days old, infanticide. If the victim is three
days old or above, the crime is parricide.
Concealment of dishonor is a mitigating circumstance.
Intentional Abortion
Acts punished
1. Using any violence upon the person of the pregnant woman;
2. Acting, but without using violence, without the consent of the
woman. (By administering drugs or beverages upon such pregnant
woman without her consent.)
3. Acting (by administering drugs or beverages), with the consent of the
pregnant woman.
Elements
1. There is a pregnant woman;
2. Violence is exerted, or drugs or beverages administered, or that the
accused otherwise acts upon such pregnant woman;
3. As a result of the use of violence or drugs or beverages upon her, or
any other act of the accused, the fetus dies, either in the womb or
after having been expelled therefrom;
4. The abortion is intended.
Infanticide vs. Intentional Abortion
- It is infanticide if the victim is already a person less that three days
old or 72 hours and is viable or capable of living separately from the
mothers womb. It is abortion if the victim is not viable but remains
to be a fetus.
Note: Abortion is the violent expulsion of a fetus from the maternal womb. If
the fetus has been delivered but it could not subsist by itself, it is still a fetus
and not a person. Thus, if it is killed, the crime committed is abortion not
infanticide.
Unintentional Abortion
Elements
1. There is a pregnant woman;
2. Violence is used upon such pregnant woman without intending
an abortion;
3. The violence is intentionally exerted;
4. As a result of the violence, the fetus dies, either in the womb
or after having been expelled therefrom.
Note: Unintentional abortion requires physical violence inflicted
deliberately and voluntarily by a third person upon the person of the
pregnant woman.
If the pregnant woman aborted because of intimidation, the
crime committed is not unintentional abortion because there is no
violence; the crime committed is light threats.
 If the pregnant woman was killed by violence by her husband,
the crime committed is the complex crime of parricide with unlawful
abortion.

Unintentional abortion may be committed through negligence as it

is enough that the use of violence be voluntary.

Arson
Elements
1. There is intentional burning; and
2. What is intentionally burned is an inhabited house or dwelling.

Destructive Arson
- Destructive Arson are characterized as heinous crimes for being
grievous, odious, and hateful offenses and which, by reason of their
inherent or manifest wickedness, viciousness, atrocity and perversity
are repugnant and outrageous to the common standards and norms
of decency and morality in a just, civilized, and ordered society.

Note: The nature of Destructive Arson is distinguished from Simple Arson by

the degree of perversity or viciousness of the criminal offender.

Simple Arson contemplates crimes with less significant social,

economic, political and national security implications than Destructive Arson.
(People vs. Macabando)