JURIS NOTES
CRIMINAL LAW
BOOK TWO
ART. 114-TREASON
ELEMENTS:
1. That the offender owes allegiance to the
Government of the Phil.
2 .That there is a war in which the Phil. is
involved
3. That the offender either (modes of
committing)
levies was against the Government
adheres to the enemies, giving them full
support
4. Treason committed in a foreign country may
be prosecuted in the Philippines.
Ways of being committed
1.Levying war
2.That there be an actual assembling of men
for the purpose of executing a treasonable
design by force
3.Adherence to the enemy
rendering him aid and comfort
AID/COMFORT means an act which
strengthens or tends to strengthen the enemy in
the conduct of war against the traitors country
and act which weakens or tends to weaken the
power of the traitors country to resist or to
attack the enemy
Ways of proving Treason:
1. Two-witness rule
2. Confession of guilt in open court
When killings and other common crimes are
charged as overt acts of treason, they cannot be
regarded as separate crimes or as complexed
with treason.
Treason by alien must be committed in the
Phils. (EO 44).
Treason is a CONTINUOUS OFFENSE .
ART. 115- CONSPIRACY & PROPOSAL
TO COMMIT TREASON
committed when in time of war, two or more
persons come to an agreement to levy war
against the Government. or to adhere to the
enemies and to give them aid and comfort, and
decide to commit it.
As a general rule, conspiracy and proposal to
commit a felony is not punishable (ART.8).
Two-witness rule does not apply because
this is a separate and distinct offense
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CRIMINAL LAW MEMORY AID
ART. 116- MISPRISION OF TREASON
ELEMENTS:
1. That the offender must be owing allegiance to
the Government and not a foreigner
2. That he has knowledge of any conspiracy (to
commit treason) against the Government.
3. That he conceals or does not disclose and
make known the same as soon as possible to
the proper authority.
4. The conspiracy is one to commit treason
Art. 116 does not apply when treason is
already committed by someone and the accused
does not report its commission to the proper
authorities.
Offender punished as an accessory to
treason but as principal in misprision
ART. 117- ESPIONAGE
The offense of gathering, transmitting, or losing
information respecting the national defense with
intent or reason to believe that the information is
to be used to the injury of the Rep. of the Phils.
or to the advantage of any foreign nation.
TWO WAYS OF COMMITTING:
1. By entering, without authority, a warship, fort,
or military or naval establishments or reservation
to obtain any information, plans or other data of
confidential nature relative to the defense of the
Phil.
2. By disclosing to the representative of a
foreign nation the contents of the articles, data,
or information referred to in par. no.1 of 117
which he had in his possession by reason of the
public office he holds
COMMONWEALTH ACT 616 An Act to
Punish Espionage and Other Offenses Against
the National Security
Acts Penalized
1) Unlawful obtaining or permitting to be
obtained information affecting national defense
2) Unlawful disclosing of information affecting
national defense
3 ) Disloyal acts or words in time of peace
4) Disloyal acts or words in time war
5) Conspiracy to commit the preceding acts
Harboring or concealing violators of the law.
Espionage may be committed both in time of
peace and war.
ART. 118- INCITING WAR OR GIVING
MOTIVES FOR REPRISALS
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CRIMINAL LAW
ELEMENTS:
1) That the offender performs unlawful or
unauthorized acts
2) That such acts provoke or give occasion for a
war involving or liable to involve the Phil. or
expose Filipino citizens to reprisals on their
persons & property.
ART. 119- VIOLATION OF NEUTRALITY
ELEMENTS:
1) That there is a war in which the Phil. is not
involved
2) That there is a regulation issued by a
competent authority for the purpose of enforcing
neutrality
3) That the offender violates such regulation
ART. 120- CORRESPONDENCE WITH
HOSTILE COUNTRY
ELEMENTS:
1) That it is in time of war in which the Phil. is
involved
2) That the offender makes correspondence with
the enemy country or territory occupied by the
enemy troops
3) That the correspondence is either ---
prohibited by the Government
carries on in ciphers or conventional signs
containing notice or information which might be
useful to the enemy
ART. 121- FLIGHT TO ENEMYS
COUNTRY
ELEMENTS:
1) That there is a war in which the Phil. is
involved
2) That the offender must be owing allegiance to
the Government
3) That the offender attempts to flee or go to
enemy country
4) That going to enemy country is prohibited by
the competent authority
ART. 122- PIRACY IN GENERAL &
MUTINY ON THE HIGH SEAS
TWO WAYS/MODES OF PIRACY:
1) By attacking or seizing a vessel on the high
seas
2) By seizing in the vessel while on high seas
the whole or part of its cargo, its equipment or
personal belongings of its complement or
passengers
ELEMENTS OF PIRACY:
1) That a vessel is on high seas
2) That the offenders are not members of its
complement or passengers of the vessel
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CRIMINAL LAW MEMORY AID
3) That the offenders a) attack that vessel or b)
seize the whole or part of the cargo of said
vessel, its equipment or personal belongings of
its compliment or passengers
HIGH SEAS any waters on the seacoast
which are without the boundaries of low-water
mark, although such waters may be in the
jurisdictional limits of a foreign Government.
Pursuant to RA 7659: Piracy and Mutiny may
be committed in Philippine waters
PD 532 punishes the act of AIDING OR
ABETTING PIRACY.
Requisites:
1) Knowingly aids or protects pirates;
acquires or receives property taken by such
pirates, or in any manner derives any benefit
therefrom;
2) Directly or indirectly abets the commission of
piracy.
MUTINY ON THE HIGH SEAS the unlawful
resistance to a superior, or the raising of
commotions and disturbances on board a ship
against the authority of its commander; as
distinguished from piracy, offenders in piracy are
strangers to said vessels and with intent to gain.
ART. 123- QUALIFIED PIRACY
ELEMENTS:
1) Whenever they have seized the vessel by
boarding or firing upon the same
2) Whenever the pirates have abandoned their
victims without means of saving themselves
3) Whenever the crime is accompanied by
murder, homicide, physical injuries, or rape
CRIMES referred to in the article pertain to
piracy and mutiny on the high seas
REPUBLIC ACT 6235 AIRCRAFT
PIRACY/ HIJACKING
ACTS PUNISHED
1. usurping, seizing control of an aircraft of
Philippine registry while it is in flight;
compelling the pilots thereof to change the
course or destination
2. usurping or seizing control of an aircraft of
foreign registry, while within Philippine
territory, compelling the pilots thereof to land
in any part of Philippine territory
3. carrying or loading on board an aircraft
operating as a public utility passenger
aircraft in the Philippines flammable,
corrosive, explosive or poisonous
substances; and
4. loading, shipping, or transporting on board a
cargo aircraft operating as a public utility in
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CRIMINAL LAW
the Philippines, flammable, corrosive, or
poisonous substance if not done in
accordance with the rules and regulations of
the Air Transportation Office.
Aircraft is IN FLIGHT from the moment all
exterior doors are closed following embarkation
until such time when the same doors are again
opened for disembarkation.
ART. 124- ARBITRARY DETENTION
ELEMENTS:
1) That the offender is a public officer or
employee
2) That he detains a person
3) That the detention is without legal grounds
LEGAL GROUNDS FOR THE DETENTION
OF PERSONS:
1) The commission of the crime
2) Violent insanity or other ailment requiring
compulsory confinement of the patient in a
hospital
ART. 125- DELAY IN THE DELIVERY OF
DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES
ELEMENTS:
1) That the offender is a public officer or
employee
2) That he has detained a person for some legal
ground ( Sec. 5, Rule 113, Rules of Court)
3) That he fails to deliver such person to the
proper judicial authorities within:
12 hrs. for light penalties or their equivalent.
18 hrs. for correctional penalties or their
equivalent
36 hrs. for afflictive penalties or their equivalent
If the offender is a private individual
ILLEGAL DETENTION
The detention is legal from the beginning but
becomes illegal after a certain period of time
because the offended party is not delivered to
the proper judicial authority, within the period
specified.
Art. 125 is not applicable when the arrest is
by virtue of a warrant of arrest in which case he
can be detained indefinitely.
Person arrested may request for a preliminary
investigation but must sign a waiver of Art. 125.
Shall fail to deliver to proper authorities
means not physical delivery but in making an
accusation or charge or filing of an information
against the person arrested with the
corresponding court or judge
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CRIMINAL LAW MEMORY AID
ART. 126- DELAYING RELEASE
ELEMENTS:
1) That the offender is a public officer or
employee
2) That there is a judicial or executive order for
the release of a prisoner or detention prisoner,
or that there is a proceeding upon a petition for
the liberation of such person
3) That the offender without good reason delays
the service of the notice of such order to the
prisoner, the performance of such judicial or
executive order for the release of the prisoner or
the proceedings upon a petition for the release
of such person
ART. 127-EXPULSION
ELEMENTS:
1) That the offender is a public officer or
employee
2) That he expels any person from the Phil., or
compels a person to change his residence
3) That the offender is not authorized by law to
do so by law
Only the President of the Phils. is authorized
to deport aliens under RAC Sec. 69.
Only the court by a final judgement can order
a person to change residence
CRIMES AGAINST VIOLATION OF DOMICILE
(ARTS. 128-130)
ART. 128-VIOLATION OF DOMICILE
Punishable Acts:
1) Entering any dwelling against the will of the
owner
2) Searching papers or other effects found
therein without the previous consent of such
owner
3) Refusing to leave the premises, after having
surreptitiously entered said dwelling and after
having required to leave the same (offense is
the refusal to leave and not the entrance without
consent)
COMMON ELEMENTS:
1) That the offender is public officer / employee
2) That he is not authorized by judicial order to
enter the dwelling and/ or to make a search for
papers and for other effects
QUALIFYING CIRCUMSTANCES:
1) Be committed at nighttime
2) If any papers or effects, not constituting
evidence, of a crime are not returned
immediately after a search is made by the
offender.
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CRIMINAL LAW
Against the will of the owner presupposes
opposition or prohibition by said owner whether
express or implied; if entrance in only without
consent, crime is not committed
ART. 129- SEARCH WARRANTS
MALICIOUSLY OBTAINED AND ABUSE IN
THE SERVICE OF THOSE LEGALLY
OBTAINED
Punishable Acts:
1) Procuring a search warrant without just cause
2) Exceeding his authority or by using
unnecessary severity in executing a search
warrant legally procured
ART. 130- SEARCHING DOMICILE
WITHOUT WITNESSES
ELEMENTS:
1) That the offender is a public officer/ employee
2) That he searches the domicile, papers or
other belongings of any person
3) That the owner or any member is his family,
or two witnesses residing in the same locality
are not present
ART.131-PROHIBITION, INTERRUPTION,
& DISSOLUTION OF PEACEFUL MEETINGS
Punishable Acts:
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
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
COMMON ELEMENTS:
1) That the offender is a public officer
2) That he performs any of the acts mentioned
above
>to commit the crime under 1st par. the public
officer must act without legal ground
there is no legal ground to prohibit when the
danger is not imminent and the evil to be
prevented is not a serious one
offender must be a stranger, and not a
participant
CRIMES AGAINST RELIGIOUS WORSHIP
(ARTS. 132 & 133)
ART. 132- INTERRUPTION OF RELIGIOUS
WORSHIP
ELEMENTS:
1) That the offender is a public officer/employee
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CRIMINAL LAW MEMORY AID
2) That religious ceremonies or manifestations
of any religion are about to take place or are
going on that the offender prevents/ disturbs the
same
Qualified by violence or threats
ART. 133- OFFENDING RELIGIOUS
FEELINGS
ELEMENTS:
1) That the acts complained of were performed
in a place devoted to religious worship (not
necessary that there is religious worship) or
during the celebration of any religious ceremony
2) That the acts must be notoriously offensive to
the feelings of the faithful
CRIMES AGAINST PUBLIC ORDER
(ARTS. 134-160)
ART. 134- REBELLION/INSURRECTION
ELEMENTS:
1) That there be a) public uprising & b) taking
arms against the Government.
2) That the purpose of the uprising or movement
is either ---
a. To remove from the allegiance to said
Government or its laws
i. The territory of the Phil.
ii. Any body of land, naval or other
armed forces
b. To deprive the Chief executive or
Congress, wholly or partially, of any of
their powers or prerogatives.
Purpose must be shown although not
necessary that it be accomplished
levying war against the Government. during
peace time for any of the purposes mentioned in
Art. 134 is rebellion
Rebellion always involves taking up arms
against the Government; unlike treason, which
may be committed by mere adherence to the
enemy giving him aid and comfort
ART. 135- PENALTY FOR REBELLION OR
INSURRECTION
PERSONS LIABLE:
1) Any person who a) promotes, b) maintains, c)
or heads a rebellion or insurrection
2) Any person who, while holding any public
office or employment, takes part therein
engaging in war against the forces of the
Government, destroying property or committing
serious violence, exacting contributions or
diverting public funds from the lawful purpose of
which they have been appropriated
3. Any person merely participating or executing
the command of others in a rebellion
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CRIMINAL LAW
ART. 134-A- COUP DETAT
The essence of the crime is a swift attack,
accompanied by violence, intimidation,
threat, strategy or stealth
directed against duly constituted authorities of
the Republic, military camps or installations,
communication networks, public utilities, other
facilities needed for exercise and continued
possession of power
This crime does not require a multitude of
people.
The objective may not be to overthrow the
government but only to destabilize or paralyze
the government.
The principal offender must be a member of
the AFP or PNP or a public officer with or
without civilian support.
It is singly or simultaneously carried out
anywhere in the Philippines
ART. 136- CONSPIRACY & PROPOSAL
TO COMMIT REBELLION OR INSURRECTION
CONSPIRACY: 2 or more persons come to an
agreement to seize or diminish state power
through means provided in the crime of coup
detat.
PROPOSAL: A person who has decided to
commit the crime of coup detat proposes
execution to some other person.
An instance where the law punishes
preparatory acts.
ART. 137- DISLOYALTY OF PUBLIC
OFFICERS /EMPLOYEES
Punishable acts:
1) Failing to resist a rebellion by all means in
their power
2) Continuing to discharge the duties of their
offices under the control of the rebels
3) Accepting appointment to office under them
The crime presupposes the existence of
rebellion by other persons; the offender must not
be in conspiracy with the rebels
ART. 138- INCITING TO REBELLION /
INSURRECTION
ELEMENTS:
1) That the offender does not take arms or is not
in open hostility against the Government
2) That he incites others to the execution of any
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CRIMINAL LAW MEMORY AID
of the acts of rebellion
3) That the inciting is done by means of
speeches, proclamations, writings, emblems,
banners or other representations tending to the
same end.
ART. 139- SEDITION
ELEMENTS:
1) That the offender rise a) publicly and b)
tumultuously
2) That they employ force, intimidation, or other
means outside of legal methods
3) That the offenders employ any of those
means to attain any of the ff. objects:
a. To prevent the promulgation or execution
of any law or the holding of any popular
election.
b. To prevent the Natl Government, or any
provincial or municipal Government, or
any public officer from freely exercising its
or his functions, or prevent the execution
of any admin. Order.
c. To inflict any act of hate or revenge upon
the person or property of any public
officer/employee.
d. To commit, for any political or social end,
any act of hate or revenge against private
persons or any social class.
e. To despoil, for any political or social end,
any person, municipality or province, or
the national Government of all its property
or any part thereof.
TREASON - is the violation by a subject of his
allegiance to his sovereign, etc;
SEDITION - is the raising of commotions or
disturbances in the state
TUMULTUOUS if caused by more than
three persons who are armed or provided with
the means of violence
Public uprising and an object of sedition must
concur
ART. 140- PENALTY FOR SEDITION
PERSONS LIABLE:
1) The leader of the sedition
2) Other persons participating in the sedition
ART. 141- CONSPIRACY TO COMMIT
SEDITION
Conspiracy to sedition is only punishable and
not proposal to commit sedition
ART. 142- INCITING TO SEDITION
Punishable Acts:
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CRIMINAL LAW
1) Inciting others to the accomplishment of any
of the acts which constitute by means of
speeches, proclamations, writings, emblems
(inciting the people to rise publicly and
tumultuously)
2) Uttering seditious words or speeches which
tend to disturb the public peace
3) Writing, publishing, or circulating scurrilous
(vulgar, mean, foul) libels against the
Government or any of the duly constituted
authorities, which tend to disturb the public
peace
ELEMENTS OF ACT #1
1) That the offender does not take direct part in
the crime of sedition
2) That he incites others to the accomplishment
of any of the act which constitute sedition
3) That the inciting is done by means of
speeches, proclamations, writings, emblems,
cartoons, banners, or other representations
tending to the same end.
ACTS # 2 & 3 PUNISHABLE: when -
1) They tend to disturb or obstruct any lawful
officer in executing the functions of his office
2) They tend to instigate others to cabal and
meet together for unlawful purposes
3) They suggest or incite rebellious conspiracies
or riots
4) They lead or tend to stir up the people against
the lawful authorities or disturb the peace of the
community, the safety and order of the
Government.
Use of words, emblems, etc. , not the
performance of act is punished in inciting to
sedition
Disturbance or disorder is not necessary in
inciting to sedition
Rules relative to seditious words
1) The clear and present danger rule
2) Dangerous tendency rule
CRIMES AGAINST POPULAR
REPRESENTATION (ARTS. 143-145)
ART.143- ACTS TENDING TO PREVENT
THE MEETING OF THE ASSEMBLY AND
SIMILAR BODIES
ELEMENTS:
1) That there be a projected meeting or actual
meeting of the Natl Assembly or any of its
committees or subcommittees, constitutional
commissions or committees or divisions, or of
any provincial board or city or municipal council
or board
2) That the offender who may be any person
prevents such meeting force or fraud
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CRIMINAL LAW MEMORY AID
ART. 144- DISTURBANCE OF
PROCEEDINGS
ELEMENTS:
1) That there be a meeting of the Congress or
any of its committees or subcommittees,
constitutional commissions or committees, or
any provincial board or city or municipal council
or board
2) That the offender does any of the ff. acts:
a. He disturbs any of such meetings.
b. He behaves while in the presence of any
such bodies in such a manner as to
interrupt its proceedings or to impair the
respect due it.
One who disturbs the proceedings of the
Congress may also be punished for contempt
by the Congress.
ART. 145 VIOLATION OF
PARLIAMENTARY IMMUNITY
Punishable Acts:
1) Using force, intimidation, threats, or frauds to
prevent any member of the Congress from:
a. Attending the meetings of the Congress
or any of its committees or
subcommittees, constitutional
commissions or committees or divisions
or
b. Expressing his opinions or
c. Casting his vote
2) Arresting or searching any member while the
Congress is in regular session or special
session, except in case such member has
committed a crime punishable under the Code
by a penalty higher than prision mayor.
ART. 146 ILLEGAL ASSEMBLIES
Forms of Illegal Assembly:
1) Any meeting attended by armed persons for
the purpose of committing any of the crimes
punishable under the Code
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
PERSONS LIABLE IN ILLEGAL ASSEMBLY:
1) The organizers or leaders of the meeting
2) Persons merely present at the meeting
Persons merely present at the meeting must
have a common intent to commit the felony of
illegal assembly
It is necessary that that the audience is
actually incited. If in the meeting the audience is
incited to the commission of rebellion or
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CRIMINAL LAW
sedition, the crimes committed are ILLEGAL
ASSEMBLY as regards to the organizers or
leaders or persons merely present and
INCITING TO REBELLION OR SEDITION
insofar as the one inciting them is concerned
If any person carries an unlicensed firearm, it
is presumed that the purpose of the meeting
insofar as he is concerned is to commit acts
punishable under the RPC and he is considered
a leader or organizer of the meeting.
ART. 147 ILLEGAL ASSOCIATIONS
Prohibited Association
1) Association totally or partially organized for
the purpose of committing any of the crimes
punishable under the Code
2) Association totally or partially organized for
some purpose contrary to public morals
PERSONS LIABLE:
1) Founders, directors, and president of the
association.
2) Members of the association.
ART. 148- DIRECT ASSAULTS
KINDS:
1) Simple assault
2) Qualified assault
TWO WAYS TO COMMIT:
1) Without public uprising, by employing force or
intimidation for the attainment of any purposes
enumerated in defining the crimes of sedition &
rebellion offended party need not be a person in
authority or his agent, may be a private
individual
2) Without public uprising, by attacking, by
employing force or seriously intimidating or by
seriously resisting any person in authority or any
of his agents, while engaged in the performance
of official duties, or on the occasion of such
performance.
DIRECT ASSAULT IS QUALIFIED WHEN:
1. Committed with a weapon
2. Offender is a public officer or employee
3. Offender lays hands upon a person in
authority
Additional penalty for attacking ambassador
or minister (R.A. 75)
Knowledge of the accused that the victim is a
person in authority or his agent is essential;
must have the intent to defy the authorities
ART. 149- INDIRECT ASSAULT
ELEMENTS:
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CRIMINAL LAW MEMORY AID
1) that a person in authority or his agent is the
victim of any of the forms of direct assault
defined in 148
2) That a person comes to the aid of such
authority or his agent
3) That the offender makes uses of force or
intimidation upon such person coming to the aid
of the authority or his agent
Can be committed only when a direct assault
is also committed
Offended party may be a private person; any
person who comes to the aid of a person in
authority or his agent
ART. 150- DISOBEDIENCE TO SUMMONS
ISSUED BY THE NATL ASS., ITS
COMMITTEES OR SUBCOMMITTEES, BY
THE CONST. COMMISSION, ITS
COMMITTEES, SUBCOMMITTEES OR
DIVISIONS
Punishable Acts:
1) Refusing, without legal excuse, to obey
summons of the National Assembly, its special
or standing committees and subcommittees, the
Const. commissions and its committees,
subcommittees or divisions, or by any
commission or committee chairman or member
authorized to summon witnesses
2) Refusing to be sworn or placed under
affirmation while before such legislative or
constitutional body or official
3) 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) Restraining another from attending as a
witness in such legislative or constitutional body
5) Inducing disobedience to summons or refusal
to be sworn by any such body or official
ART. 151- RESISTANCE &
DISOBEDIENCE TO A PERSON IN
AUTHORITY OR THE AGENTS OF SUCH
PERSON
ELEMENTS OF RESISTANCE & SERIOUS
DISOBEDIENCE:
1) That a person in authority or his agent is
engaged in the performance of official duty or
gives a lawful order to the offender
2) That the offender resists or seriously disobeys
such person in authority or his agent
3) That the act of the offender is not included in
the provisions of 148-150
ELEMENTS OF SIMPLE DISOBEDIENCE
1) That an agent of a person in authority is
engaged in the performance of official duty or
gives a lawful order to the offender
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2) That the offender disobeys such agent of a (ARTS. 153-156)

person in authority
3) That such disobedience is not of a serious ART. 153- TUMULTS & OTHER
nature DISTURBANCES OF PUBLIC ORDER

Crime consists of the failure to comply with Punishable Acts:

the direct orders directly issued by the 1) Causing any serous disturbance in public
authorities in the exercise of official duties peace, office or establishment
2) Interrupting or disturbing public performances,
DIRECT ASSAULT RESISTANCE functions or gatherings, or peaceful meetings, if
The person in Only in actual the act is not included in 131-132
authority or his agent performance of 3) Making an outcry tending to incite rebellion or
must be engaged in duties sedition in any meeting, association or public
the performance of place
official duties or that 4) Displaying placards or emblems which
he is assaulted by provoke a disturbance of public order in such
reason thereof place
There is force Use of force is not 5) Burying with pomp the body of a person who
employed so serious, as there has been legally executed
is no manifest
intention to defy the serious disturbance must be planned or
law and officers intended
enforcing it
OUTCRY to shout subversive or provocative
words tending to stir up the people to obtain by
ART. 152- PERSONS IN AUTHORITY & means of force or violence any of the objects of
AGENTS OF PERSONS IN AUTHORITY rebellion or sedition

PERSON IN AUTHORITY- any person If TUMULTUOUS crime is qualified

directly vested with jurisdiction, whether as an
individual or as a member of some court or ART. 154- UNLAWFUL USE OF MEANS OF
Government owned or controlled corp., board, or PUBLICATION & UNLAWFUL UTTERANCES
commission

AGENT OF A PERSON IN AUTHORITY- any Punishable Acts:

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, such as barangay. councilman,
brgy. policeman, brgy. leader, officers and
members of the Brgy. Community Brigades, and
any person who comes to the aid of persons in
authority. A brgy. capt. and a brgy. chair are also
deemed as persons in authority
PERSONS IN AUTHORITY:
1) Municipal mayor
2) Division superintendent of schools
3) Public and private school teachers
4) Teacher-nurse
5) Pres. of sanitary division
6) Provincial fiscal
7) Justice of peace
8) Municipal councilor
9) Barrio captain and barangay chair
Professors are persons in authority for 148&
151 --- Not in 149 (indirect assault)
1) Publishing or causing to be published, by
means of printing, lithography or any other
means pf 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 by 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 authority, or before they have been
published officially
4) Printing, publishing or disturbing (or causing
the same) books, pamphlets, periodicals, or
leaflets which do not bear the real printers
name, or which are classified as anonymous
Actual public disorder or actual damage to the
credit of the State is not necessary
offender must know that the news is false
ART. 155- ALARMS & SCANDALS

CRIMES AGAINST PUBLIC DISORDERS Punishable Acts:

1) Discharging any firearm, rocket, firecracker,

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CRIMINAL LAW MEMORY AID
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CRIMINAL LAW
or other explosive within any town or public
place, calculated to cause alarm or danger
(should not be aimed at a person otherwise Art.
254)
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
4) Causing any disturbance or scandal in public
places while intoxicated or otherwise, provided
153 is not applicable
The act must produce alarm or danger as a
consequence
CHARIVARI- includes a medley of discordant
voices, a mock serenade of discordant noises
made on kettles, tin, horns, etc. designed to
annoy or insult
If the disturbance is of a serious nature, the
case will fall under Art. 153
ART. 156- DELIVERING PRISONERS
FROM JAILS
ELEMENTS:
1) That there is a person confined in a jail or
penal establishment (detention included)
2) That the offender removes such person, or
helps the escape of such person
Offender is usually an outsider
violence, intimidation or bribery not necessary
KINDS OF EVASION OF SERVICE OF
SENTENCE (ARTS. 157-159)
ART.157- EVASION OF SERVICE OF
SENTENCE
ELEMENTS:
1) That the offender is a convict by final
judgement
2) That he is serving his sentence, which
consists in deprivation of liberty
3) That he evades the service of his sentence by
escaping during the term of his sentence (by
reason of final judgement)
CIRCUMSTANCES QUALIFYING THE
OFFENSE:
1) By means of unlawful entry
2) By breaking doors, windows, gates, walls,
roofs or floors
3) By using picklocks, false keys, disguise,
deceit, violence, or intimidation
4) Through connivance with other convicts or
employees of the penal institution
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CRIMINAL LAW MEMORY AID
ART. 158- EVASION OF SENTENCE ON
THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES, OR
OTHER CALAMITIES
ELEMENTS:
1) That the offender is a convict by final
judgement, and is confined in a penal institution
2) That there is disorder, resulting from;
a. Conflagration
b. Earthquake
c. Explosion
d. similar catastrophe
e. mutiny in which he has not participated
3) That the offender 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) That the offender fails to give himself up to
the authorities within 48 hrs. following the
issuance of a proclamation by the Chief
Executive announcing the passing away of such
calamity.
If the offender fails to give himself up, he
gets an increased penalty.
If the offender gives himself up he is entitled
to a deduction of his sentence
ART. 159- OTHER CASES OF EVASION
OF SENTENCE (CONDITIONAL PARDON)
ELEMENTS:
1) That the offender was a convict
2) That he was granted a conditional pardon by
the Chief Exec.
3) That he violated any of the conditions of such
pardon
Violation of conditional pardon is a distinct
crime
Conditions extend to special laws
Offender must be found guilty of subsequent
offense before he can be prosecuted under Art.
159
Offender can be arrested and reincarcerated
without trial in accordance with Sec. 64(I) of
the RAC
Duration of the conditions subsequent is
limited to the remaining period of the sentence
ART. 160- COMMISSION OF ANOTHER
CRIME DURING THE SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS
OFFENSE (Quasi-recidivism)
QUASI-RECIDIVISM special aggravating
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circumstance where a person after having been
convicted by final judgement, shall commit a
new felony (must be in the RPC) before
beginning to serve such sentence, or while
serving the same.
ELEMENTS:
1) That the offender was already convicted by
final judgement
2) That he committed a new felony before
beginning to serve such sentence or while
serving the same
WHO CAN BE PARDONED:
1) At the age of 70 if he shall have already
served out his original sentence (and not a
habitual criminal) or
2) When he shall completed it after reaching the
said age, unless by reason of his conduct or
other circumstances he shall not be worthy of
such clemency
First crime which the offender is serving
sentence need not be a felony; new offense
need not be of different character from that of
the former offense
Does not require that the two offenses are
embraced in the same title of the Code
As distinguished from REITERACION which
requires that the offender against whom it is
considered shall have served out his sentences
for the prior offenses
Cannot be offset by ordinary mitigating
circumstances
CRIMES AGAINST PUBLIC INTEREST (ARTS.
161-189)
CRIMES CALLED FORGERIES
(ARTS. 161-174)
ART. 161- COUNTERFEITING THE GREAT
SEAL OF THE GOVERNMENT, THE
SIGNATURE, OR THE STAMP OF THE CHIEF
EXEC.
Punishable Acts:
1) Forging the Great Seal of the Government of
the Phil.
2) Forging the signature of the President
3) Forging the stamp of the President
ART. 162- USING FORGED SIGNATURE
OR COUNTERFEIT SEAL OR STAMP
ELEMENTS:
1) That the Great Seal of the Republic was
counterfeited or the signature or stamp of the
Chief Executive was forged by another person
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CRIMINAL LAW MEMORY AID
2) That the offender knew of the counterfeiting of
forgery
3) That he used the counterfeit seal of forged
signature or stamp
The offender should not be the forger
CRIMES UNDER COUNTERFEITING COINS
(ARTS. 163-165)
ART. 164- 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
3) That in case of uttering such false or
counterfeited coins, he connived with the
counterfeiters or importers
Coin is FALSE or COUNTERFEITED, if it is
forged or if it not authorized by the Government.
as legal tender, regardless of its intrinsic value
To UTTER is to pass counterfeited coins;
includes delivery or the act of giving them away
Former coins withdrawn from circulation may
be counterfeited
Coins of foreign country not included
ART. 164- MUTILATION OF COINS-
IMPORTATION & UTTERANCE OF
MUTILATED COINS
Punishable Acts:
1) Mutilating coins of the legal currency, with the
further requirement that there be intent to
damage or to defraud another
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
Mutilation of foreign currency not included
MUTILATION to take off part of the metal
either by filing it or substituting it for another
metal of inferior quality
Coins must be in legal tender
ART. 165- SELLING OF FALSE OR
MUTILATED COIN WITHOUT CONNIVANCE
Punishable Acts:
1) Possession of coin, counterfeited or mutilated
by another person, with intent to utter the same,
knowing that it is false or mutilated
ELEMENTS;
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CRIMINAL LAW
a. Possession
b. With intent to utter
c. Knowledge
2) Actually uttering such false or mutilated coin,
knowing the same to be false or mutilated
ELEMENTS:
a. Actually uttering.
b. Knowledge
Does not require legal tender
accused must have knowledge of the fact that
the coin is false
ART. 166- FORGING TREASURY OR
BANK NOTES OR OTHER DOCUMENTS
PAYABLE TO THE BEARER; IMPORTING
AND UTTERING SUCH FALSE OR FORGED
NOTES AND DOCUMENTS
Punishable Acts:
1) Forging or falsification of treasury or bank
notes or other documents payable to bearer
2) Importation of such false or forged obligations
or notes
3) Uttering of such false or forged obligations or
notes in connivance with the forgers or importers
NOTES & OTHER OBLIGATIONS &
SECURITIES THAT MAY BE FORGED OR
FALSIFIED UNDER 166:
1. Treasury or bank notes
2. Certificates
3. Other obligations & securities, payable to
bearer
ART. 167-COUNTERFEITING,
IMPORTING, & UTTERING INSTRUMENTS
NOT PAYABLE TO THE BEARER
ELEMENTS:
1) That there be an instrument payable to order
or other such document of credit not payable to
bearer
2) That the offender either forged, imported or
uttered such instrument
3) That in case of uttering, he connived with the
forger or importer
ART.168- ILLEGAL POSSESSION & USE
OF FLASE TREASURY OR BANK NOTES
AND OTHER INSTRUMENTS OF CREDIT
ELEMENTS:
1) That any treasury or bank note or certificate
or other obligation & security payable to bearer
or any instrument payable to the order or other
document of credit not payable to bearer is
forged or falsified by another person
2) That the offender knows that any of those
instruments is forged or falsified
3) That he performs any of these acts -
a. Using any of such forged or falsified
instruments
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CRIMINAL LAW MEMORY AID
b. Possession with intent to use of any of
such forged or falsified instruments
ART. 169- HOW FORGERY IS
COMMITTED
1) By giving a treasury or bank note or any
instrument payable to bearer or to order
mentioned therein, the appearance of a true and
genuine document
2) By erasing, substituting, counterfeiting or
altering by means the figures, letters, words, or
sign contained therein
forgery includes falsification & counterfeiting
FIVE CLASSES OF FALSIFICATION
(ARTS. 170-173)
The crime of falsification must involve a
writing which is a document in the legal sense.
CLASSIFICATION OF DOCUMENTS:
1) Public a) document created, executed or
issued by a public official in response to
exigencies of the public service, or in execution
of which a public official intervened; b)
instrument authorized by a notary public or a
competent public official with the solemnities
required by law.
2) Official issued by a public official in the
exercise of the functions of his office; also a
public document.
3) Commercial- defined and regulated by the
Code of Commerce or other commercial law
4) Private- a deed or instrument executed by a
private person without the intervention of a
notary public or other person legally authorized,
by which document, some disposition of
agreement is proved, evidenced or set forth
Importance of Classification
In private documents, criminal liability will not
arise unless there is damage caused to third
person. Mere falsity will not bring about criminal
liability.
In public or commercial documents, criminal
liability can arise although no third person
suffered damage.
ART. 170-FALSIFICATION OF
LEGISLATIVE DOCUMENTS
ELEMENTS:
1) That there be a bill, resolution or ordinance
enacted or approved or pending approval by the
Natl Assembly or any provincial board or
municipal council
2) That the offender alters the same
3) That he has no proper authority
4) That the alteration has changed the meaning
of the document
A FORGERY as used in Art. 169 refers to
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CRIMINAL LAW
the falsification and counterfeiting of
treasury notes or any instruments
payable to bearer or to order.
A FALSIFICATION is the commission of
any of the 8 acts mention in Art. 171 on
legislative, public, or official,
commercial, or private documents, or
wireless, or telegraphic messages
A Bill, resolution, ordinance must be
genuine
ART. 171- FALSIFICATION BY PUBLIC
OFFICER, EMPLOYEE; OR NOTARY OR
ECCLESIASTICAL MINISTER
ELEMENTS:
1) That the offender is a public officer, employee
or notary public
2) That he takes advantage of his official
position
REQUISITES
a. He has a duty to make or prepare or
otherwise to intervene in the preparation
of the document
b. He has official custody of the document
which he falsifies
3) That he falsifies a document by committing
any of the ff. acts:
a. Counterfeiting or imitating any
handwriting, signature or rubric
b. Causing it to appear that persons have
participated in any act or proceeding
when they did not in fact so participate
c. Attributing to persons who have
participated in an act or proceeding
statements other than those in fact
made by them
d. Making untruthful statements in a
narration of facts
e. Altering true dates
f. Making any alteration or intercalation in
a genuine document which changes its
meaning
g. Issuing in authenticated form a
document purporting to be a copy of an
original document when no such original
exists, or including in such copy a
statement contrary to, or different from
that of the genuine original
h. Intercalating any instrument or note
relative to the issuance in a protocol,
registry or official book
Genuine document in pars. f,g,h is necessary.
Falsification may be committed by simulating
or fabricating a document
In case the offender is an ecclesiastical
minister, the act of falsification is committed with
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CRIMINAL LAW MEMORY AID
respect to any record or document of such
character that its falsification may affect the civil
status of persons
IMITATING feigning; to represent by a
false appearance; to give a mental existence
PERSONS LIABLE:
1) Any public officer, employee or notary public
2) Ecclesiastical minister
ART. 172-FALSIFICATION BY PRIVATE
INDIVIDUALS & USE OF FALSIFIED
DOCUMENTS
Punishable Acts:
1) Falsification of public, official, commercial
document by a private individual
Possessor of a falsified document is
presumed to be the author of the falsification
damage or intent to cause damage is not
necessary in Art. 172 par.1
2) Falsification of private document by any
person
The offender must have counterfeited the
false document and he must have
performed an independent act which
operates to the prejudice of a third person
4) Use of a falsified document
i. in a Judicial Proceeding
as evidence, with knowledge of falsity
iii. in any other transaction
with knowledge of falsity, caused or
with intent to cause damage to another
Falsification as a means to commit estafa
when committed on a document through any
of the acts of falsification enumerated in Art. 171
as a necessary means to commit another crime,
the two crimes form a COMPLEX CRIME under
Art. 48.
But the document falsified as a necessary
means to commit another crime must be
PUBLIC, OFFICIAL, or COMMERCIAL. If one
makes use of a private document, which
requires another independent act independent of
the falsification, which he falsified, to defraud
another, there results only one crime ---
FALSIFICATION OF A PRIVATE DOCUMENT
If a private document is falsified to conceal
the misappropriation of the money or other
personal property which has been in the
possession of the offender, the crime is ESTAFA
WITH ABUSE OF CONFIDENCE.
If the estafa was already consummated at
the time of the falsification of the private
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CRIMINAL LAW

document, or that the falsification was POSSESSION OF INSTRUMENTS OR

committed for the purpose of concealing the IMPLEMENTS FOR FALSIFICATION
estafa, the falsification is not punishable
because there was no damage or intent to Punishable Acts:
cause damage with regard to the falsification 1) Making or introducing into the Phil. any
stamps, dies, marks, or other instruments or
ART. 172 ART. 171 implements for counterfeiting
the prejudice to a prejudice to third 2) Possession with intent to use the instruments
third party is taken person is immaterial; or implements for counterfeiting or falsification
into account so that what is punished is made in or introduced into the Phil. by another
if damage is not the violation of public person
apparent, or at least faith and the
if with no intent to perversion of truth ART. 177-USURPATION OF AUTHORITY
cause it, the OR OFFICIAL FUNCTIONS
falsification is not
punishable
WAYS TO COMMIT
1) By knowingly and falsely representing
ART. 173- FALSIFICATION OF oneself to be an officer, agent or representative
WIRELESS, CABLE, TELEGRAPH, & TEL. of any dept. or agency of the Phil. Government.
MESSAGES, & USE OF SAID FALSIFIED or any foreign Government. (performing the act
MESSAGES not necessary)
2) By performing any act pertaining to any
PUNISHABLE ACTS: person in authority or public officer of the Phil.
1) Uttering fictitious wireless, telegraph or Government or of a foreign Government or any
telephone messages agency, under the pretense of official position
2) Falsifying wireless, telegraph or tel. and without being lawfully entitled to do so (it is
Messages essential that that offender should have
3) Using such falsified message performed the act)

Private individual cannot be a principal by a
direct participation under Art. 173 unless he is
an employee of a corporation engaged in the
business of sending or receiving wireless,
telegraph or telephone messages
ART. 174- FALSE MEDICAL
CERTIFICATES, FALSE CERTIFICATES OF
MERIT OR SERVICE
There must be a positive, express and explicit
representation
The offender should have represented
himself to be an officer, agent or representative
of any department or agency of the
Government.; or should have performed an act
pertaining to a person in authority or public
officer

PERSONS LIABLE: May be violated by a public officer

1) Physician or surgeon who, in connection with
the practice of his profession, issued a false
certificate
2) Public officer who issued a false certificate of
merit or service, good conduct or similar
circumstances
3) Private individual who falsified a certificate
falling in the classes mentioned in nos. 1&2
ART. 175- USING FALSE CERTIFICATES
ELEMENTS:
1) That a physician or surgeon has issued a
false medical certificate, or a public officer has
issued a false certificate of merit of service,
good conduct or similar circumstances
2) That the offender knew that the certificate
was false
3) That he used the same
ART. 178- USING FICTITIOUS NAME &
CONCEALING TRUE NAME
ELEMENTS: (USING FICTITIOUS NAME)
1)That the offender uses a name other than his
real name
2) That he uses that fictitious name publicly
that the purpose of the offender is --
a. to conceal a crime
b. to evade the execution of a judgement
c. to cause damage to public interest
ELEMENTS: (CONCEALING TRUE NAME)
1) That the offender conceals ---
a. His true name
b. all other personal circumstances
2) That the purpose is only to conceal his
identity

ART. 176- MANUFACTURING & ART. 179- ILLEGAL USE OF UNIFORM

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CRIMINAL LAW MEMORY AID
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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
persons of which he is not a member
3) That said insignia, uniform, or dress is used
publicly and improperly
THREE FORMS OF FALSE TESTIMONY
(ARTS. 180-183)
ART. 180- FALSE TESTIMONY AGAINST A
DEFENDANT
ELEMENTS:
1) That there be a criminal proceeding
that the offender testifies falsely under oath
against the defendant
2) That the offender who gives false testimony
knows that it is false
3) That the defendant against whom the false
testimony is given is either acquitted or
convicted in a final judgement
Defendant must be sentenced to at least a
correctional penalty or a fine or must be
acquitted
Witness who gave false testimony is liable
even if the testimony was not considered by the
court
ART. 181- FALSE TESTIMONY
FAVORABLE TO THE DEFENDANT
Need not benefit the defendant
Need not directly influence the decision of
acquittal
Conviction or acquittal of defendant in
principal case not necessary
ART. 182- FALSE TESTIMONY IN CIVIL
CASES
ELEMENTS:
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 the same to be false
5) That the testimony must be malicious and
given with an intent to affect the issues
presented in said case
Article not applicable in special proceedings
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CRIMINAL LAW MEMORY AID
ART. 183- FALSE TESTIMONY IN OTHER
CASES AND PERJURY IN SOLEMN
AFFIRMATION
Acts Punished:
1) By falsely testifying under oath (not in judicial
proceedings)
2) By making a false affidavit
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
4) That the sworn statement or affidavit
containing the falsity is required by law
MATERIAL MATTER the main fact which is
the subject of the inquiry or any circumstance
which tends to prove that fact, or any fact or
circumstance which tends to corroborate or
strengthen the testimony relative to the subject
of inquiry or which legitimately affects the credit
of any witness who testifies
OATH any form of attestation by which a
person signifies that he is bound in conscience
to perform an act faithfully and truthfully
AFFIDAVIT sworn statement in writing
ART. 184- OFFERING FALSE TESTIMONY
IN EVIDENCE
ELEMENTS:
1) That the offender offered in evidence a false
witness or false testimony
2) That he knew the witness or the testimony
was false
3) That the offer was made in a judicial or official
proceeding
Applies when the offender does not induce a
witness to testify falsely
CRIMES CLASSIFIED AS FRAUDS
(ARTS. 185-189)
ART. 185- MACHINATIONS IN PUBLIC
AUCTIONS
Punishable Acts:
1) Soliciting any gift or promise as a
consideration for refraining form taking part in
any public auction
2) Attempting to cause bidders to stay away
 JURIS NOTES
CRIMINAL LAW
from an auction by threats, gifts, promises or
any other artifice
ART. 186- MONOPOLIES &
COMBINATIONS IN RESTRAINT OF TRADE
Punishable Acts:
1) Combination to prevent free competition in
the market - by entering into any contract or
agreement or taking part in any conspiracy or
combination in the form of a trust or otherwise,
in restraint of trade or commerce or to prevent
by artificial means free competition in the market
2) Monopoly to restrain free competition in the
market - by monopolizing any merchandize or
object of trade or commerce or by combining
with any other person/s to monopolize said
merchandize or object in order to alter the prices
by spreading false rumors or making use of any
other artifice to restrain free competition in the
market
3) Manufacturer, producer, or processor or
importer(persons liable) combining, conspiring
or agreeing with any person (how crime is
committed) is to make transactions prejudicial to
lawful commerce or to increase the market price
of merchandize(the purpose of the crime)
Mere conspiracy or combination is punished
If the offense affects any food substance or
other particles of prime necessity, sufficient that
initial steps are taken
ART. 187- IMPORTATION &
DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDIZE MADE OF
GOLD, SILVER, OR OTHER PRECIOUS
METALS OR THEIR ALLOYS
ELEMENTS:
1) That the offender imports, sells or disposes of
any of those articles or merchandise
2) That the stamps, brands, or marks of those
articles of merchandise fail to indicate the actual
fineness or quality of said metals or alloy
3) That the offender knows that the stamps,
brands, or marks fail to indicate the actual
fineness or quality of said metals or alloy
Selling the misbranded articles not necessary
ART. 188- SUBSTITUTING & ALTERING
TRADEMARKS, TRADENAMES OR SERVICE
MARKS
Punishable Acts:
1) By (a) substituting the trade name or
trademark of some other manufacturer or dealer,
or a colorable imitation for the trade name or
15
CRIMINAL LAW MEMORY AID
trade nark of the real manufacturer or dealer
upon any article of commerce & (b) selling the
same
2) By selling or by offering for sale such articles
of commerce, knowing that the trade name or
trademark has been fraudulently used
3) By using or substituting the service of some
other person, or a colorable imitation of such
mark, in the sale or advertising of his services
4) By printing, lithographing or reproducing trade
name, trademark, or service mark of one
person, or a colorable imitation, to enable
another person to fraudulently use the same,
knowing the fraudulent purpose for which it is to
be used
ART. 189- UNFAIR COMPETITION,
FRAUDULENT REGISTRATION OF
TRADENAME, OR SERVICE MARK,
FRAUDULENT DESIGNATION OF ORIGIN,
AND FALSE DESCRIPTION
Punishable Acts:
1) Selling his goods, giving them the
general appearance of the goods of another
manufacturer or dealer (unfair competition)
2) Affixing to his goods or using in
connection with his services a false designation
of origin, or any false description or
representation; selling such goods or services
(fraudulent designation of original; false
description)
3) Procuring fraudulently from the patent
office the registration of trade name, trademark
or service mark
Mere offer to sell completes the crime
evidence of actual fraudulent intent is not
necessary
REPUBLIC ACT 455 ON SMUGGLING
OR ILLEGAL IMPORTATION
Requisites:
1) That the merchandise must have been
fraudulently or knowingly imported contrary to
law
2) That the defendant, if he is not the importer
himself, must have received, concealed, bought,
sold or in any manner facilitated the
transportation, concealment or sale of the
merchandise
3) That the defendant must be shown to have
knowledge that the merchandise had been
illegally imported
CRIMES RELATED TO OPIUM AND
OTHER PROHIBITED DRUGS
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Dangerous Drugs Act g) Unlawful Prescription

RA 6425 h) Unnecessary Prescription

Same rules apply with respect to par B,C & F

Dangerous Drugs are either:
1. PROHIBITED DRUGS: Includes Opium, Every penalty imposed shall carry with it the
cocaine and its active component and confiscation and forfeiture o fall the
derivatives and other substances producing proceeds of the crime, including but not
similar effects; Indian Hemp and all its limited to, money and other assets obtained
derivatives; all other preparations made from the and the instruments or tools with which it
foregoing whether natural or synthetic with the was committed, unless they are property of
rd
physiological effects of a narcotic or a 3 person not liable for the offense, but
hallucinogenic drug those which are not of lawful commerce
shall be destroyed w/o delay.
2. REGULATED DRUG: Includes self-inducing
sedatives or a derivative of a salt barbituric acid; Any apprehending officer who
amphetamine, hypnotic drugs, or other drug with misappropriates or fails to account shall
same effect after conviction be punished by reclusion
perpetua to death and a fine ranging
Punishable Acts: (PROHIBITED DRUGS) P500,000.00 to P10,000,000.00.
a) Importation
b) Sale, Administration, Delivery, Distribution, Plea-bargaining shall not be allowed where
Transportation the imposable penalty is reclusion perpetua
c) Maintenance of a Den, Dive, Resort for to death.
users
d) Employment and Visit to such Den If the offender is an Alien he shall be
e) Manufacture deported immediately w/o further
f) Possession and Use proceedings after service of sentence. (Sec.
g) Cultivation of Plants which are sources of 22)
prohibited drugs
h) Failure to Comply with Record If committed by a juridical person the
Requirements of the Law partner, director, president or manager who
i) Unlawful Prescription consents or knowingly tolerates such
j) Unnecessary Prescription violation shall be held liable as a co-
k) Possession of Opium pipes, other principal. (Sec. 22)
paraphernalia
If a Government. official is found guilty of
With respect to par. B & C, the maximum planting any dangerous drugs in the
penalty shall be imposed if the victim is a minor person or in the immediate vicinity of
or the prohibited drug is the proximate cause of another as evidence to implicate the latter,
death shall suffer the same penalty as therein
provided.
With respect to par G, the maximum penalty
shall be imposed if the land used is public Requirements and effects of Voluntary and
domain; if private, the land shall be escheated to Involuntary confinement under the
the state unless the owner proves that he had Dangerous Drugs Act and Child Welfare
no knowledge of such cultivation despite the Code
exercise of due diligence VOLUNTARY INVOLUNTARY
1. Drug dependent 1. Accused is found to
par H applies only to pharmacists, physicians, voluntarily submits for be a drug dependent
veterinarians or dentists dispensing such drugs; confinement, by court or fiscal and
additional penalty of revocation of license treatment and records forwarded to
rehabilitation in a Board.
Punishable Acts: (REGULATED DRUGS) center; 2. Board determines
a) Importation 2. Complies with after medical
b) Sale, Administration, Delivery, Distribution, condition imposed by examination that
Transportation the Board pubic interest
c) Maintenance of a Den, Dive, Resort for requires commitment
users Effect: to government
d) Manufacture No criminal liability for center.
e) Possession or Use violation of the 3. Petition for
f) Failure to comply with Record Requirements Dangerous Drugs Act. commitment is filed in

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the trial court.

1. Minor committed in 1. Minor found guilty
center for after hearing. CRIMES AGAINST PUBLIC MORALS (ARTS.
rehabilitation upon 2. Application by 195-202)
sworn petition of youthful offender.
parent, guardian or 3. Public interest ARTS. 195-199, PROVISIONS OF PD. 483 &
relative. requires suspension 449 ARE REPEALED WHICH ARE
2. Minor is over 9 and of proceedings. INCONSISTENT WITH PD 1602.
under 18 at the time 4. Minor committed to
of the commission of custody of DSWD or
the offense. any training OFFENSES AGAINST DECENCY AND GOOD
institution operated CUSTOMS ( ARTS. 200-202)
Effect: by the Government.
No criminal liability or responsible ART. 200- GRAVE SCANDAL
under the Child and person.
Welfare Code Consists of acts which are offensive to
Effects: decency and good customs, which having been
A. DISMISSAL OF committed publicly, have given rise to public
CASE AND scandal to persons who have accidentally
RELEASE witness the same
1. Accused before or
after 21 years old ELEMENTS:
2. Court finds 1) That the offender performs an act or acts
accused to have 2) That such act or acts be highly scandalous as
behaved properly offending against decency and good customs
and shown to be a 3) That the highly scandalous conduct is not
useful member of expressly falling within any other article of this
society. Code
3. Recommendation 4) That the act or acts complained of be
of DSWD. committed in a public place within the public
knowledge or view
B. CONVICTION
AND COMMITED If the act or acts of the offender are punished
TO JAIL under another article of this code, Art. 200 is not
1. Offender before or applicable
after reaching 21
years old. Distinction should be made as to the place
2. While in where the offensive act was committed:
commitment is
incorrigible or failed a) If in public place, there is criminal
to comply with liability irrespective of whether the
conditions imposed immoral act was in open public
or continued stay in view;
center is b) If in private place, public view is
inadmissible. required.
Note: Offenders
stay in center is ART. 201- IMMORAL DOCTRINES,
credited to service OBSCENE PUBLICATIONS & EXHIBITIONS &
of sentence and he INDECENT SHOWS (AS AMENDED BY P.
can apply for 969)
probation.
PERSONS LIABLE:
Acquittal in a case of importation does not
bar prosecution for illegal possession of 1) Those who shall publicly expound or proclaim
opium because they are 2 distinct crimes. doctrines openly and contrary to public morals
2) The authors of obscene literature, published
Illegal possession of pipe is included in with their knowledge in any form; the editors
illegal possession of opium if the opium and publishing such literature; and the owners
the pipe were found in the same place and operators of the establishment selling the same
at the same time and by the same person. 3) Those who, in theatres, fairs, cinematographs
Reason: there is a single criminal act or any other place, exhibit indecent or immoral
impelled by a single criminal intent. plays, scenes, acts or shows, it being

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understood that the obscene literature or
indecent or immoral plays, scenes, acts or
shows, whether live or in film, which are
proscribed by virtue shall include those which ---
a. Glorify criminals / condone crimes
b. Serve no other purpose but to satisfy
the market for violence, lust,
pornography
c. Offend any race or religion
d. Tend to abet traffic in the use of
prohibited drugs are contrary to law,
public order, morals, good customs,
established policies, lawful orders,
decrees and edicts
4) Those who shall, give away or exhibit films,
prints, engravings, sculpture or literature which
are offensive to morals
ART. 202- VAGRANTS & PROSTITUTES
PERSONS LIABLE:
1) Any person having no apparent means of
subsistence, who has the physical ability to work
and who neglects to apply himself to some
lawful calling
2) Any person found loitering about public or
semipublic buildings or places, or tramping or
wandering about the country or the streets
without visible means of support
3) Any idle or dissolute person who lodges in
houses of ill fame; ruffians or pimps and those
who habitually associate with prostitutes
4) Any person who, not being included in the
provisions of other articles of this Code, shall be
found loitering in any inhabited or uninhabited
place belonging to another without any lawful or
justifiable purpose
PROSTITUTES - women who, for money or
profit, habitually indulge in sexual intercourse or
lascivious conduct
ART. 203 WHO ARE PUBLIC OFFICERS
REQUISITES:
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
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 law
b. By popular election
c. By appointment by competent authority
CRIMES OF MALFEASANCE &
MISFEASANCE IN OFFICE
(ARTS. 204-211)
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CRIMINAL LAW MEMORY AID
MISFEASANCE- improper performance of
some act which might lawfully be done
MALFEASANCE- the performance of some
act which ought not to be done
NONFEASANCE- omission of some act which
ought to be performed
ART. 204- KNOWINGLY RENDERING
UNJUST JUDGEMENT
ELEMENTS:
1) That the offender is a judge
2) That he renders a judgement in a case
submitted to him for decision
3) That the judgment is unjust
4) That the judge knows that his judgement is
unjust
ART. 205- JUDGEMENT THROUGH
NEGLIGENCE
ELEMENTS:
1) That the offender is a judge
2) That he renders a judgement in a case
submitted to him for decision
3) That the judgement is manifestly unjust
4) That it is due to his inexcusable negligence or
ignorance
ART. 206- UNJUST INTERLOCUTORY
ORDER
ELEMENTS:
1) That the offender is a judge
2) That he performs any of the ff. acts:
a. Knowingly renders unjust interlocutory
order or decree.
b. Renders a manifestly unjust
interlocutory order or decree through
inexcusable negligence or ignorance
ART. 207- MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
ELEMENTS:
1) That the offender is a judge
2) That there is a proceeding in his court
3) That he delays the administration of justice
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 & TOLERANCE
Punishable Acts:
1) Maliciously refraining from instituting
prosecution against violators of the law
2) Maliciously tolerating the commission of
offenses
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ART. 211- INDIRECT BRIBERY

PREVARICACION: DERELICTION OF DUTY
IN THE PROSECUTION OF OFFENSES: ELEMENTS:
1) That the offender is a public officer or officer 1) That the offender is a public officer
of the law who has a duty to cause the 2) That he accepts gifts
prosecution of, or to prosecute offenses 3) That the said gifts are offered to him by
2) That there is dereliction of the duties of his reason of his office
office; that is, knowing the commission of the
crime, he does not cause the prosecution of the DIRECT BRIBERY INDIRECT BRIBERY
criminal or knowing that a crime is about to be public officer public officer
committed he tolerates its commission receives a gift receives a gift
3) That the offender acts with malice and
deliberate intent to favor the violator of the law there is an usually no such
agreement between agreement
PERSONS LIABLE: the public officer and
1. Public officer the giver of the gift
2. An officer of the law or present
the offender agrees not necessary that
ART. 209- BETRAYAL OF TRUST BY AN to perform or the officer would do
ATTY. OR SOLICITOR performs an act or any particular act or
refrains from doing even promise to do
Punishable Acts: something because an act, as it is
1) Causing damage to his client, either: of the gift or promise enough that he
(a) by any malicious breach of professional accepts gifts offered
duty; or to him by reason of
(b) inexcusable negligence or ignorance his office
there must be damage to the client

2) Revealing any of the secrets of his client

ART. 212- CORRUPTION OF PUBLIC
learned by him in his professional capacity
OFFICIALS
damage is not necessary
ELEMENTS:
3) Undertaking the defense of the opposing
1) That the offender makes offers or promises or
party in the same case, without the consent
gives gifts or presents to a public officer
of his first client, after having undertaken the
2) That the offers or promises are made or the
defense of the said first client, or after
gifts or present given to a public officer, under
having received confidential information
circumstances that will make the public officer
from said client
liable for direct bribery or indirect bribery
if there is consent, no crime
ANTI-GRAFT & CORRUPT PRACTICES ACT
ART. 210- DIRECT BRIBERY
(R.A. 3019)
(RA 3019 as amended by RA 3047, PD 77
Punishable Acts:
and BP 195)
1) Agreeing to perform, or by performing, in
consideration of any offer, promise, gift or
Section 2. Definition of Terms.
present --- an act constituting a crime, in
connection with the performance of his official
Government the natl Government, the
duties
local Government, the GOCCs, & all other
2) Accepting a gift in consideration of the
instrumentalities or agencies of the Phils. & their
execution of an act which does not constitute a
branches.
crime, in connection with the performance of his
official duty
Public Officer elective & appointive
3) Agreeing to refrain, or by refraining, from
officials & employees, permanent or temporary,
doing something which it is his official duty to do,
whether in the classified or unclassified or
in consideration of gift or promise
except services receiving compensation, even
nominal, from the Government.
QUALIFIED BRIBERY - committed by public
officers entrusted with the enforcement of law Receiving any gift the act of
and whose duty is to arrest and prosecute those accepting directly or indirectly a gift from a
who violate them where the penalty for the same person other than a member of the public
is reclusion perpetua or higher. officers immediate family, in behalf of himself or

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of any member of his family or relative w/in the
th
4 civil degree, either by consanguinity or
affinity, even on the occasion of a family
celebration or natl festivity, if the value of the gift
is under the circumstances manifestly
excessive.
Section 3. Corrupt Practices of Public
Officials.
(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.
Requesting or receiving any gift,
present, or benefit is not required.
(b) Directly or indirectly requesting or
receiving any gift, present, share, percentage, or
benefit, for himself or for any other person, in
connection w/ any other contract or transaction
between the Government and any other party,
wherein the public officer in his official capacity
has to intervene under the law.
Transaction like a contract involves
some consideration.
(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, w/out prejudice to Section thirteen of
this Act.
(d) Accepting or having any member of
his family accept employment in a private
enterprise w/c has pending official business w/
him during the pendency thereof or w/in 1 year
after his termination.
Note that the prohibition refers only to
employment in a private enterprise.
(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
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 corps. charged w/ the grant of
licenses or permits or other concessions.
This provision applies exclusively to
public officers charged with the duty of
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CRIMINAL LAW MEMORY AID
granting license or permits or other
concessions.
(f) Neglecting or refusing, after due
demand or request, w/out sufficient justification,
to act w/in 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.
(g) Entering, on behalf of the
Government, into any contract or transaction
manifestly and grossly disadvantageous to the
same, whether or not the public officer profited
or will profit thereby.
It is not necessary that the public officer
profited or will profit.
It is enough to prove that the accused is
a public officer. It is the commission of
the act, not the character or effect that
determines whether or not the provision
has been violated.
(h) 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 w/c he is prohibited by the Constitution or by
law from having any interest.
Actual intervention in the transaction w/c
one has financial or pecuniary interest is
required in order that liability may
attach.
Directly or indirectly becoming
interested, for personal gain, or having material
interest in any transaction or act requiring the
approval of a board, panel or group of w/c he is
a member, & w/c exercises discretion in such
approval, even if he votes against the same or
does not participate in the action of the board,
committee, panel or group.
Interest for personal gain shall be
presumed against those public officers
responsible for the approval of manifestly
unlawful, inequitable, or irregular transactions or
acts by the board, panel or group to w/c 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 is qualified or entitled.
(k) Divulging valuable information of a
confidential character, acquired by his office or
 JURIS NOTES
CRIMINAL LAW
by him on account of his official position to
unauthorized persons, or releasing such
information in advance of its authorized date.
Note: The person giving the gift, present,
share, percentage or benefit referred to in
subparagraphs (b) & (c); or offering or giving to
the public officer the employment mentioned in
subparagraph (d); or urging the divulging or
untimely release of the confidential information
referred to in subparagraph (k), together with
the public officer, shall be punished under
Section nine of this Act and shall be
permanently or temporarily disqualified in the
discretion of the Court, from transacting
business in any form with the Government.
Section 4. Prohibition on private individuals.
(a) Taking advantage of family or close
personal relation with public official is punished.
The offender is any person who has
family or close personal relation with
any public official who has to intervene
in some business, transaction,
application, request or contract of the
Government with any person.
The act constituting the crime:
capitalizing or exploiting or taking
advantage of such family or close
personal relation by directly or indirectly
requesting or receiving any present, gift,
or material or pecuniary advantage from
the person having business, transaction,
application, request or contract with the
Government.
(b) Knowingly inducing or causing any
public official to commit any of the offenses
defined in Section 3.
Section 5. Prohibition of certain relatives.
The spouse or any relative, by
rd
consanguinity, w/in the 3 civil degree, of the
President, the Vice-President, Senate President,
or the Speaker of the House of Representatives
is prohibited to intervene directly or indirectly, in
any business, transaction, contract or
application with the Government.
Exceptions to the provisions:
1. Any person who, prior to the assumption
of office of any of those 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;
2. Any application filed by him, the
approval of w/c is not discretionary on
the part of the official/s concerned but
21
CRIMINAL LAW MEMORY AID
depends upon compliance with the
requisites provided by law, or rules or
regulations issued pursuant to the law.
3. Any act lawfully performed in an official
capacity or in the exercise of a
profession.
Section 6. Prohibition on Members of
Congress
Members of Congress during their
term is prohibited to acquire or receive any
personal pecuniary interest in any specific
business enterprise w/c will be directly &
particularly favored or benefited by any law or
resolution authored by him.
The prohibition shall also apply to
any public officer who recommended the
initiation in Congress of the enactment or
adoption of any law or resolution, & acquires or
receives any such interest during his
incumbency.
The member of Congress or other
public officer, who, having such interest prior to
the approval of a law or resolution authored or
recommended by him, continues for thirty days
after such approval to retain his interest, also
violates this section.
Section 7. Statement of assets and liabilities.
Every public officer shall prepare & file a
true & detailed sworn statement of assets &
liabilities, including a statement of the amount &
sources of his income, the amount of his
personal & family expenses & the amount of
income taxes paid for the next preceding
calendar year.
Section 8. Prima facie evidence of and
dismissal due to unexplained wealth.
A public official has been found to have
acquired during his incumbency, whether in his
name or the name of other persons, an amount
of property and/or money manifestly out of
proportion to his salary and to his lawful income
(RA #1379) ground for dismissal or removal
Circumstances w/c may be taken into
consideration to enforce this section:
1. Properties in the name of spouse &
other dependents of the public official,
when their acquisition through legitimate
means cannot be satisfactorily shown.
2. Bank deposits in the name of or
manifestly excessive expenditures
incurred by the public official, his spouse
or any of their dependents including
frequent travel abroad of a non-official
 JURIS NOTES
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character by any public official when
such activities entail expenses evidently
out of proportion to legitimate income.
These circumstances constitute a valid
ground for the administrative suspension of the
public official for an indefinite period until the
investigation of the unexplained wealth is
completed.
Section 11. Prescription of offenses.
15 years prescriptive period of all
offenses under the Act.
Section 12. Termination of office.
No public officer is allowed to resign or retire:
1. Pending investigation, criminal or
administrative or
2. Pending a prosecution against him, or
3. For any offense under the Act or under
the provisions of the RPC on bribery.
Section 14. Exception.
Unsolicited gifts or presents of small or
insignificant value offered or given as a mere
ordinary token of gratitude of friendship
according to local custom or usage.
The practice of any profession, lawful
trade or occupation by any private person or by
any public officer who under the law may
legitimately practice his profession, trade or
occupation, during his incumbency, except
where such practice involves conspiracy w/ any
other person or public official to commit any of
the violations penalized in this Act
ANTI-PLUNDER ACT
RA 7080
Section 1. Definition of Terms.
a. Public Officer - any person holding
any public office in the Government by virtue of
an appointment, election or contract.
b. Government - includes the National
Government, and any of its subdivisions,
agencies or instrumentalities, including
government-owned or controlled corporations
and their subsidiaries.
c. Ill-gotten wealth - any asset,
property, business enterprise or material
possession of any person, which he acquired
directly or indirectly through dummies,
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CRIMINAL LAW MEMORY AID
nominees, agents, subordinates and or business
associates.
Means or schemes to acquire ill-gotten
wealth:
1. Through misappropriation,
conversion, misuse or malversation of public
funds or raids on the public treasury
2. By receiving, directly or indirectly, any
commission, gift, share, percentage or any other
form of pecuniary benefit from any person
and/or entity in connection with any government
contract/project or by reason of his
office/position
3. By the illegal or fraudulent
conveyance or disposition of assets belonging to
the Government
4. 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
5. By establishing agricultural, industrial
or commercial monopolies or other combinations
and/or implementing decrees and orders
intended to benefit particular persons or special
interests
6. By taking undue advantage of official
position, authority, relationship, connection or
influence to unjustly enrich himself or
themselves
Note: These may be committed by
combination or through a series.
Section 2. Definition of the Crime of
Plunder; Penalties.
Plunder - a crime committed by any
public officer, by himself, or in connivance with
his family, relatives by affinity or consanguinity,
business associates, subordinates or other
persons, by amassing, accumulating or
acquiring ill-gotten wealth in the aggregate
amount or total value of at least 50 million
pesos
Penalty - Reclusion Perpetua to Death
Mitigating and extenuating circumstances
shall be considered by the courts in the
imposition of penalty.
Section 4. Rule of Evidence.
It is not necessary to prove each and every
criminal act done. A pattern of overt or criminal
acts indicative of the over-all unlawful scheme or
conspiracy shall be sufficient.
Section 5. Suspension and Loss of Benefits.
 JURIS NOTES
CRIMINAL LAW
Pending valid information in court for violation
of this Act - Suspension of Public Officer
Conviction by final judgment - Loss of all
retirement or gratuity benefits
Acquittal - Reinstatement and entitlement to
salaries and other benefits which he failed to
receive during suspension
Section 6. Prescription of Crimes
20 years - prescription
ART. 213- FRAUDS AGAINST THE PUBLIC
TREASURY & SIMILAR OFFENSES
Punishable Acts:
1) 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
2) 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) Failing to 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) 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 FRAUDS AGAINST PUBLIC
TREASURY (PAR.1):
1) That the offender be a public officer
2)That he should have taken advantage of his
office, that is, he intervened in the transaction in
his official capacity
3) That he entered into an agreement with any
interested party or speculator or made use of
any other scheme with regard to (1) furnishing
supplies (2) that making of contracts, or (3) the
adjustment or settlement of accounts relating to
public property of funds
4) That the accused had intent to defraud the
Government.
Crime of frauds against public treasury is
consummated by merely entering into an
agreement with any interested party or
speculator or by merely making use of any
other scheme to defraud the Government.
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CRIMINAL LAW MEMORY AID
ELEMENTS OF ILLEGAL EXACTIONS:
1) The offender is a public officer entrusted with
the collection of taxes, licenses, fees, & other
imposts
2) He commits any of the ff. acts:
a. Demanding, directly or indirectly, the
payment of sums different from or larger
than those authorized by law
b. Failing voluntarily to issue a receipt, as
provided by law, for any sum of money
collected by his officially
c. Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or objects of a nature
different from that provided by law
Mere demand for larger or different amount is
sufficient to consummate the crime
When there is deceit in demanding greater
fees than those prescribed, the crime is
ESTAFA and NOT ILLEGAL EXACTION
Officers or employees of the Bureau of
Internal Revenue or Bureau of Customs not
covered by this article. The National Internal
Revenue Code or the Administrative Code
applies.
ART. 214- OTHER FRAUDS
The offender is a public officer who takes
advantage of his official position.
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
4) That he becomes interested in the transaction
during his incumbency
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
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
3) Guardians and executors with respect to the
 JURIS NOTES
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property belonging to their wards or the estate
Actual fraud is not necessary
Intervention must be by virtue of the public
office held
Correlate with Art. VI Sec. 14 of the 1987
Constitution; Art. VII Sec. 13 and Art. IX-A Sec.
2 ART. 219- FAILURE OF A RESPONSIBLE
CRIMES CALLED MALVERSATION OF
PUBLIC FUNDS OR PROPERTY
(ARTS. 217-221)
ART. 217- MALVERSATION OF PUBLIC
FUNDS OR PROPERTY
Punishable Acts:
1) Appropriating public funds or property
2) Taking or misappropriating the same
3) Consenting or through abandonment or
negligence, by permitting any other person to
take such public funds or property
4) Being otherwise guilty of the misappropriation
or malversation of such funds or property
COMMON ELEMENTS:
1) That the offender is a public officer who has:
a. Official custody of public funds or
property or the duty to collect or receive
funds due to the Government
b. The obligation to account for them to the
Government
2) That he had the custody or control of funds or
property by reason of the duties of his office
3) That those funds or property were public finds
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
2) That he must be an accountable officer for
public finds or property
3) That he is required by the law or regulation to
render accounts to the Comm. on Audit, or to
the provincial auditor
4) That he fails to do so for a period of 2 mos.
after such accounts should be rendered
misappropriation is not necessary
PUBLIC OFFICER TO RENDER ACOUNTS
BEFORE LEAVING THE COUNTRY
ELEMENTS:
1) That the offender is a public officer
2) That he must be an accountable officer for
public funds or property
3) That he unlawfully left (or be on the point of
leaving) the Phil. without securing from the
Comm. on Audit a certificate showing that his
accounts have been finally settled
The act of leaving the country must be
unauthorized or not permitted by law
ART. 220- ILLEGAL USE OF PUBLIC
FUNDS OR PROPERTY
This crime is known as technical malversation
because the fund or property is already
earmarked or appropriated for a certain public
purpose.
ELEMENTS:
1) That the offender is a public officer
2) That there is a public funds 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 fund or property
has been appropriated by law or ordinance

Malversation may be committed by private MALVERSATION ILLEGAL USE

individuals in the following cases: Offenders are Offenders are
1) Those in conspiracy with public officers guilty accountable public accountable public
of malversation; officers officers
2) Those who are accessory or accomplice to a
public officer; Offenders in Offenders does not
3) Custodian of public funds or property in certain cases profits derive personal gain
whatever capacity; from the proceeds or profit
4) Depositary or administrator of public funds or of the crime
property.
the public fund is to the public fund
Damage not necessary to the Government.
be applied to the property is applied to
personal use & another public use
ART. 218- FAILURE OF ACCOUNTABLE
benefit of the
OFFICER TO RENDER ACCOUNTS
offender or of
another person
ELEMENTS:
1) That the offender is a public officer, whether
in the service or separated therefrom

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CRIMINAL LAW MEMORY AID
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ART. 221-FAILURE TO MAKE DELIVERY
OF PUBLIC FUNDS OR PROPERTY
Punishable Acts:
1) Failing to make payment by a public officer
who is under obligation to make such payment
from the Government. funds in his possession
2) Refusing to make delivery by public officer
who has been ordered by competent authority to
deliver any property in his custody or under his
administration (refusal must be malicious)
ART. 222-OFFICERS INCLUDED IN THE
PROVISIONS
1) Private Individuals who may be liable under
Art. 217-221:
2) Private individuals who, in any capacity
whatsoever, have charge of any national,
provincial or municipal funds, revenue or
property
3) Administrator, depository funds or property,
attached, seized, or deposited by public
authority even if such property belongs to a
private individual
ART. 223- CONNIVING WITH OR
CONSENTING TO EVASIONS
ELEMENTS:
1) That the offender is a public officer
that he had in his custody or charge a prisoner,
either detention prisoner, or prisoner by final
judgement
2) That such prisoner escaped from his custody
3) That he was in connivance with the prisoner
in the latters escape
ART. 224- EVASION THROUGH
NEGLIGENCE
ELEMENTS:
1) That the offender is a public officer
2) That he is charged with the conveyance or
custody of a prisoner, either detention prisoner
or prisoner by final judgement
3) That such prisoner escapes through
negligence
What is punished under this is such a definite
laxity as all but amounts to deliberate non-
performance of duty on the part of the guard
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
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CRIMINAL LAW MEMORY AID
3) That the prisoner or person under arrest
escapes
4) That the offender consents to the escape of
the prisoner or person under arrest, or that the
escape takes place through his negligence
This article do not apply the principle in
conspiracy that the " act of one is the act of all".
If the offender is not the custodian of the
prisoner, he is guilty of the crime of delivering
prisoners from jail.
ART. 226- REMOVAL, CONCEALMENT,
OR DESTRUCTION OF DOCUMENTS
ELEMENTS:
1) That the offender be a public officer
2) That he abstracts, destroys, conceals a
document or papers
3) That the said documents/ papers should have
been entrusted to such public officer by reason
of his office
4)That damage, whether serious or not, to a
third party or to the public interest should have
been breached
Removal must be for illicit purpose with the
intention either to:
? to tamper with it
? to profit by it
? to commit an act constituting a
breach of trust in the official care
ART. 227- OFFICER BREAKING THE
SEAL
ELEMENTS:
1) That the offender is a public officer
2) That he is charged with the custody of papers
or property
3) That these papers or property are sealed by
proper authority
4) That he breaks the seal or permits them to be
broken
ART. 228- OPENING OF CLOSED
DOCUMENTS
ELEMENTS:
1) That the offender is a public officer
2) That any closed papers, documents, or
objects are entrusted to his custody
3) That he opens or permits to be opened said
closed papers, documents or objects
4) That he does not have the proper authority
ART. 229- REVELATION OF SECRETS BY
AN OFFICER
Punishable Acts:
1) Revealing any secrets known to the offending
public officer by reason of his official capacity
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CRIMINAL LAW
2) Delivering wrongfully papers or copies of
papers of which he may have charge and which
should not be published
ART. 230- PUBLIC OFFICER REVEALING
SECRETS OF PUBLIC INDIVIDUAL
ELEMENTS:
1) That the offender is a public officer
2) That he knows of the secrets of a private
individual by reason of his office
3) That he reveals such secrets without authority
or justifiable reason
ART. 231- OPEN DISOBEDIENCE
ELEMENTS:
1) That the offender is a judicial or executive
officer
2) That there is a judgement, decision, or order
of a superior authority
3) That such judgements, decision, order was
made of a superior authority and issued with all
the legal formalities
4) That the offender without any legal
justification openly refuses to execute the said
judgement, decision or order, which he is duty
bound to obey
ART. 232-DISOBEDIENCE TO ORDER OF
SUPERIOR OFFICER WHEN SAID ORDER
WAS SUSPENDED BY INFERIOR OFFICER
ELEMENTS:
1) That the offender is a public officer
2) That an order is issued by his superior for
execution
3) That he has for any reason suspended the
execution of such order
4) That his superior disapproves the suspension
of the execution of the order
5) That the offender disobeys his superior
despite the disapproval of the suspension
ART. 233-REFUSAL OF ASSISTANCE
ELEMENTS:
1) That the offender is a public officer
2) That a competent authority demands from the
offender that he lend his cooperation towards
the administration of justice or other public
service
3) That the offender fails to do so maliciously
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
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CRIMINAL LAW MEMORY AID
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:
1) That the offender is a public officer or
employee
2) That he has under his charge a prisoner or
detention prisoner
3) That he maltreats such prisoner in either of
the ff. manners:
a. By overdoing himself in the correction
and handling of a prisoner or detention
prisoner under his charge either ---
i.By the imposition of
punishments not authorized by
the regulations
ii.By inflicting such punishments
(those authorized) in a cruel and
humiliating manner
b. By maltreating such prisoner to extort a
confession or to obtain some
information from the prisoner
The maltreatment (1) must relate to the
correction or handling of the prisoner, or (2)
must be for the purpose of extorting a
confession or of obtaining some information
from the prisoner
ART. 236-ANTICIPATION OF DUTIES OF
PUBLIC OFFICE
ELEMENTS:
1.) That the offender is entitled to hold a public
office or employment, either by election or
appointment
2) That the law requires that he should first be
sworn in and/ or should first give a bond
3) That he assumes the performance of the
duties and powers of such office
4) That he has not taken his oath of office and/or
given the bond required by law
ART. 237-PROLONGING PERFORMANCE
OF DUTIES AND POWERS
ELEMENTS:
1) That the offender is holding a public office
2) That the period provided by law, regulations,
or special provisions for holding such office, has
already expired
3) 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
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2) That he formally resigns from his position
3) That his resignation has not yet been
accepted
4) That he abandons his office to the detriment
of the public service
ART. 239-USURPATION OF LEGISLATIVE
POWERS
ELEMENTS:
1) That the offender is an executive or judicial
officer
2) That he (a) makes general rules/regulations
beyond the scope of his authority; (b) attempts
to repeal a law (c) suspends the execution
thereof
ART. 240-USURPATION OF EXECUTIVE
FUNCTIONS
ELEMENTS:
1) That the offender is a judge
2) That he (a) assumes a power pertaining to
the executive authorities, or (b) obstructs
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.
2) That he (a) assumes judicial powers, or (b)
obstructs the execution of an order or decision
rendered by any judge within his jurisdiction
ART. 242-DISOBEYING REQUEST FOR
DISQUALIFICATION
ELEMENTS:
1) That the offender is a public officer
2) That a proceeding is pending before such
public officer
3) That there is a question 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
5) That he continues the proceeding
ART. 243-ORDERS OR REQUESTS BY
EXEC. OFFICERS TO ANY JUDICIAL
AUTHORITY
ELEMENTS
1) That the offender is a public officer
2) That he addresses any order or suggestion to
any judicial authority
3) That the order or suggestion relates to any
case or business coming within the exclusive
jurisdiction of the courts of justice
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CRIMINAL LAW MEMORY AID
ART. 244-UNLAWFUL APPOINTMENTS
ELEMENTS
1) That the offender is a public officer
2) That he nominates or appoints a person to a
public office
3) That such person lacks the legal qualification
4) That the offender knows that his nominee or
appointee lacks the qualifications at the time he
made the nomination or appointment
ART. 245-ABUSES AGAINST CHASTITY
ELEMENTS:
1) Offender is a public officer
2) He solicits or makes immoral or indecent
advances to a woman;
3) Such woman must be:
a) interested in matters pending before the
offender for decision, or with respect to
which he is required to submit a report
to or consult with a superior officer; or
directly charged with the care and
custody of prisoners or persons under
arrest; or
b) under the custody of such offender who
is a warden or other public officer
c) wife, daughter, sister or relative within
the same degree by affinity of the
person under the custody of the
offender
CRIMES AGAINST PERSONS
(ARTS. 246-266)
ART. 246-PARRICIDE
ELEMENTS:
1) That a person is killed
2) That the deceased is killed by the accused
3) That the deceased is the father, mother, or
child (not less than 3 days old), whether
legitimate or illegitimate, or a legitimate other
ascendant or legitimate other descendant, or the
legitimate spouse, of the accused
Cases of parricide when the penalty shall not
be reclusion perpetua to death:
1) parricide through negligence (art
365)
2) parricide by mistake (art 249)
3) parricide under exceptional
circumstances (art 247)
ART. 247-DEATH OR PHYSICAL
INJURIES UNDER EXCEPTIONAL
CISCUMSTANCES
ELEMENTS:
1) That a legally married person or parent
surprises his spouse or his daughter, the latter
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CRIMINAL LAW
under 18 yrs of age and living with him, in the
act of committing sexual intercourse with
another person
2) That he/ she kills any or both of them or
inflicts upon any or both of them any serous
physical injury in the act or immediately
thereafter
3) That he has not promoted or facilitated to the
prostitution of his wife or daughter, or that he
and she has not consented to the infidelity of the
other spouse
The discovery, the escape, the pursuit and
the killing must all form part of one
continuous act
Applicable only when the daughter is single
ART. 248-MURDER
This is the unlawful killing of any person which
is not parricide or infanticide, provided that any
of the ff. circumstances is present:
1) With treachery, taking advantage of superior
strength, with the aid of armed men, or
employing means to weaken the defense, or of
means or persons to insure or afford impunity
2) In consideration of a price, reward, or a
promise
3) By means of inundation, fire, poison,
explosion, shipwreck, stranding a vessel,
derailment of or assault upon a street car or
locomotive, fall of an airship, by means of motor
vehicles, or with the use of any means involving
great waste and ruin
4) On occasion of any of the calamities
enumerated in the preceding par., or an
earthquake, eruption of a volcano, destructive
cyclone, epidemic or any other public calamity
5) With evident premeditation
6) With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse
Rules for the application of the
circumstances which qualify the crime to
murder:
1) Murder will exist with only one of the
circumstances described; when more than
one are present, the others are treated as
generic aggravating circumstances.
2) When the other circumstances are
absorbed, they cannot be considered
generic.
3) Any of the qualifying circumstances must be
alleged in the information.
ART. 249-HOMICIDE
This is the unlawful killing of any person,
which is neither parricide, murder nor infanticide
Intent to kill is conclusively presumed when
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CRIMINAL LAW MEMORY AID
death resulted; evidence of intent to kill is
important only in attempted or frustrated
homicide
ACCIDENTAL HOMICIDE- is the death of a
person brought about by a lawful act performed
with proper care and skill and without homicidal
intent
ART. 250-PENALTY OF FRUSTRATED
PARRICIDE, MURDER, HOMICIDE
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 several persons quarreled and
assaulted one another in a confused and
tumultuous affray
4) That someone was killed in the course of the
affray
5) That it cannot be ascertained who actually
killed the deceased
6) That the person or persons who inflicted
serious physical injuries or who use violence can
be identified
At least 4 persons must take part
Persons killed need not be participants therein
If person who inflicted fatal wound is known,
crime is Homicide
PERSONS LIABLE IF DEATH RESULTS:
1. Persons who inflicted serious
physical injuries
2 If not known, all persons who used
violence
ART. 252-PHYSICAL INJURIES IN A
TUMULTUOUS AFFRAY
ELEMENTS:
1) That there is a tumultuous affray as referred
to in the preceding article
2) That a participant or some participants thereof
suffered serious physical injuries or physical
injuries of a less serious nature only
3) That the person responsible cannot be
identified
4) That all those who appear to have used
violence upon the person of the offended party
are known
Injured party must be a participant in the
affray
Only the ones who used violence are liable
Slight physical injuries excluded
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ART. 253-GIVING ASSISTANCE TO
SUICIDE
Punishable Acts:
1) Assisting another to commit suicide, whether
the suicide is consummated or not
2) Lending his assistance to another to commit
suicide to the extent of doing the killing himself
EUTHANASIA Mercy Killing Practice of 1) Violence is used upon such pregnant
painlessly putting to death a person suffering
from some incurable disease. Not considered as
included in Art 253 because the person killed
does not want to die. A doctor who resorts to
euthanasia may be liable for murder.
ART. 254-DISCHARGE OF FIREARMS
ELEMENTS:
1) That the offender discharges a firearm
against or at another person
2) That the offender has no intention to kill that
person
ART. 255-INFANTICIDE
This is the killing of any child less than 3 days
(72 hours) of age, whether the killer is the parent
or grandparent, or any other relative of the child,
or a stranger
Other person who kills a child less than three
days old to suffer penalty for murder
Only the mother and maternal
grandparents of the child are entitled to the
mitigating circumstance of concealing the
dishonor
Concealing dishonor is not an element of the
crime
ART. 256-INTENTIONAL ABORTION
This is the willful killing of the fetus in the
uterus, or the violent expulsion of the fetus from
the maternal womb, which results in the death of
the fetus
WAYS TO COMMIT
1) By using violence upon the person of the
pregnant woman
2) By acting, but without using violence, without
the consent of the woman (by administering
drugs/beverages upon a pregnant without her
consent)
3) By acting, with the consent of the pregnant
woman (by administering drugs/beverages)
Fetus dies either, either in the womb, or
having been expelled therefrom
If fetus could sustain an independent life and
is killed, the crime is infanticide, otherwise,
abortion
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CRIMINAL LAW MEMORY AID
The person who caused the abortion is liable
under Art. 256. The woman is liable under Art.
258, if she consented to the abortion caused on
her. If she did not consent to the abortion, she is
not liable
ART. 257-UNINTENTIONAL ABORTION
woman without intending an abortion
2) Violence is intentionally exerted
ART. 258-ABORTION PRACTICED BY
THE WOMAN HERSELF OR BY HER
PARENTS
The intentional abortion is caused by ---
1) The pregnant woman herself
2) Any other person, with her consent
3) Any of her parent, with her consent for the
purpose of concealing her dishonor
Liability of pregnant woman is mitigated if
the purpose is to conceal dishonor
No mitigation on the parents of the woman
unlike in infanticide
ART. 258-ABORTION PRACTICED BY A
PHYSICIAN OR MIDWIFE AND DISPENSING
OF ABORTIVES
The offender, who must be a physician or
midwife, cause or assists in causing the abortion
Said physician or midwife takes advantage of
his or scientific knowledge or skill.
AS TO PHARMACISTS,
There is no proper prescription from a physician
and the offender dispenses any abortive
substance.
RA 4729 regulates sale, dispensation,
and/or distribution of contraceptive drugs or
devices
ART. 260-RESPONSIBILITY OF
PARTICIPANTS IN A DUEL
DUEL: Formal or regular combat previously
concerted between parties in the presence of
two or more seconds of lawful age on each side,
who make selection of arms and fix all other
conditions of the fight.
PERSONS LIABLE:
1) The person who killed or inflicted physical
injuries upon his adversary, or both combatants
in any other case, as principals
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CRIMINAL LAW
2) The seconds, as accomplices
if death results, penalty is the same for
homicide
ART. 261-CHALLENGING TO A DUEL
Punishable Acts:
1) Challenging another to a duel
2) Inciting another to give or accept a challenge
to a duel
3) Scoffing at or decrying another publicly for
having refused to accept a challenge to fight a
duel
PERSONS LIABLE:
1) Challenger
2) Instigators
ART. 262-MUTILATION
Means the lopping or the clipping off of some
part of the body
KINDS OF MUTILATION
1) Intentionally mutilating another by depriving
him, either totally or partially of some essential
organ for reproduction
2) Intentionally making other mutilations, 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: ACT #1
1) That there be a castration, that is, mutilation
of organs necessary for generation, such as the
penis or ovarium
2) That the mutilation is caused purposely and
deliberately, that is, to deprive the offended
party of some essential organ for reproduction
Offender must have the intention to deprive
the offended party of a part of his body
ART. 263-SERIOUS PHYSICAL INJURIES
HOW COMMITTED:
1. by wounding
2. by beating
3. by assaulting
4. by administering injurious substance
WITHOUT INTENT TO KILL
SERIOUS PHYSICAL INJURIES:
1) When the injured person becomes insane,
impotent, imbecile, blind in consequence of the
physical injuries inflicted
2) When the injured person
loses the use of speech, or the power to hear or
to smell, loses an eye, a hand, a foot, an arm, or
a leg, or loses the use of any of such member,
or becomes incapacitated for the work in which
he was habitually engaged in consequence of
the physical injuries
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CRIMINAL LAW MEMORY AID
3) When the person injured, becomes deformed,
or loses any other member of his body, or
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
not more than 90 as a result of the physical
injuries inflicted
Medical attendance not necessary
DEFORMITY requisites:
1) Physical ugliness
2) Permanent and definite abnormality
3) Conspicuous and visible
4) There must be no intent to kill otherwise, the
crime would be frustrated or attempted murder,
parricide, homicide as the case may be
QUALIFYING CIRCUMSTANCE:
1) Offense committed against persons
enumerated in the crime of parricide
2) With the attendance of circumstance which
qualify the crime to murder
Article not applicable to parents who inflict
serious physical injuries upon their children by
excessive chastisement
ART. 264- ADMINISTERING INJURIOUS
SUBSTANCES OR BEVERAGES
ELEMENTS:
1) That the offender inflicted upon another any
serious physical injuries
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
3) That he had no intention to kill (otherwise
frustrated murder)
ART. 265-LESS SERIOUS PHYSICAL
INJURIES
ELEMENTS:
1) The offended party is incapacitated for labor
for 10 days or more but not more than 30, or
needs attendance for the same period
2) The physical injuries must not be those
described in the preceding articles
QUALIFIED LESS SERIOUS PHYSICAL
INJURIES
1) There is manifest intent to insult or offend the
injured person
2) There are circumstances adding ignominy
3) When the victim is either the offenders
parents, ascendants, guardians, curators or
teachers; Persons of rank or persons in
authority, provided the crime is not direct assault
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Medical attendance or incapacity is required
in less serious physical injuries; crime is still less
serious physical injuries even if there is no
incapacity but the medical treatment was for
more than 10 days and less than 30 days
ART. 266-SLIGHT PHYSICAL INJURIES
KINDS
1) Physical injuries which incapacitated the
offended party from one to nine days, or
required medical attendance during the same
period
2) Physical injuries which did not prevent the
offended party from engaging in his habitual
work or which did not require medical
attendance
3) Ill-treatment of another by deed without
causing any injury
ART. 266-A - THE NEW ANTI-RAPE LAW
(RA8353)
Classification of Rape
1) Traditional - under Art 335
2) Sexual Assault - RA 8353
REPUBLIC ACT 8353
How rape is committed:
1) By a man who shall have carnal knowledge
of a woman under any of the ff. circumstances:
a) Through force, threat or intimidation
b) When the offended party is deprived
of reason or otherwise unconscious
c) By means of fraudulent machination
or grave abuse of authority
d) When the offended party is under 12
years of age or is demented
eventhough none of the
circumstances mentioned above be
present
5) By any person who, under any of the
circumstances mentioned in par. 1 hereof, shall
commit an act of sexual assault by inserting his
penis into another persons mouth, or anal
orifice or any instrument or object, into the
genital or anal orifice of another person
AGGRAVATING/QUALIFYING
CIRSCUMSTANCES : punishable by death
1) When the victim is under 18 years of age and
the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity
within the third civil degree, or the common law
spouse of the parent of the victim
2) When the victim is under the custody of the
police or military authorities or any law
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CRIMINAL LAW MEMORY AID
enforcement or penal institution
3) When the rape is committed in full view of the
spouse, parent, or any of the children or other
relatives within the third civil degree of
consanguinity
4) When the victim is a religious engaged in
legitimate religious vocation or calling and is
personally known to be such by the offender
before or at the time of the commission of the
crime
5) When the victim is a child below 7 years old
6) When the offender knows that he is afflicted
with HIV/AIDS or any other sexually
transmissible disease and the virus or disease is
transmitted to the victim
7) When committed by any member of the AFP
or para-military units thereof of the PNP or any
law enforcement agency or penal institution,
when the offender took advantage of his position
to facilitate the commission of the crime
8) When by reason or on the occasion of the
rape, the victim has suffered permanent physical
mutilation or disability
9) When the offender knew of the pregnancy of
the offended party at the time of the commission
of the crime
10) When the offender knew of the mental
disability, emotional disorder and/ or physical
disability of the offended party at the time of the
commission of the crime
EFFECT OF PARDON
1) The subsequent valid marriage between the
offender and the offended party shall extinguish
criminal liability
2) The subsequent forgiveness of the wife to the
legal husband
RAPE WITH HOMICIDE When the killing is
committed by reason or on occasion of the
rape
CRIMES AGAINST LIBERTY
(ARTS. 267-274)
CRIMES AGAINST SECURITY
(ARTS. 275-292)
ART. 267-KIDNAPPING AND SERIOUS
ILLEGAL DETENTION
ELEMENTS:
1) That the offender is a private individual
2) That he kidnaps or detains another, or in any
manner deprives the latter of his liberty
3) That the act of detention or kidnapping must
be illegal
4) That in the commission of the offense, any of
the ff. circumstances is present:
a) That the kidnapping or detention
lasts for more than 3 days
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b) That it is committed simulating criminal proceedings against him, his liability is

public authority mitigated.
c) That any serious physical injuries
are inflicted upon the person ART. 269-UNLAWFUL ARREST
kidnapped or detained or threats to
kill him are made ELEMENTS:
d) That the person kidnapped or 1) That the offender arrests or detains another
detained is a minor, female or a person
public officer 2) That the purpose of the offender is to deliver
Detention for more than 3 days not necessary him to the proper authorities
when any of the other circumstances is present 3) That the arrest or detention is not authorized
Victim need not be placed in an enclosure; by law or there is no reasonable ground therefor
restraint need not be permanent
Offender is any person, whether public officer
QUALIFYING CIRCUMSTANCES: DEATH or private individual
PENALTY No period of detention fixed. Motive
1) Purpose is to extort ransom controlling; Must be with the intention to deliver
2) If victim is killed, raped or tortured as a detainee to proper authorities
consequence
ART.125 ART.269
RANSOM: Money, price, or consideration Detention is for Detention is not
paid or demanded for redemption of a captured some legal ground authorized by law
person/s that would release them from captivity
Crime is Committed by
COMPLEX CRIME OF KIDNAPPING WITH committed by failing making an arrest not
MURDER when victim is killed because of his to deliver such authorized by law
refusal to pay the ransom; kidnapping being person to the proper
necessary to commit the murder; but where he judicial authority
was taken for the purpose of killing him and not within a certain
for detaining him, crime committed is MURDER period of time

ILLEGAL ARBITRARY ART. 270- KIDNAPPING AND FAILURE

DETENTION DETENTION TO RETURN A MINOR
Committed by a Committed by a
private individual public officer or ELEMENTS:
who unlawfully employee who 1) That the offender is entrusted with the
kidnaps, detains or detains a person custody of a minor person (over or under 7 but
otherwise deprives a without legal ground less than 21)
person of liberty 2) That he deliberately fails to restore the said
Crime is against Crime against the minor to his parents or guardian
personal liberty and fundamental law of
security the State When committed by either parent, penalty
only arresto mayor

ART. 268- SLIGHT ILLEGAL DETENTION ART. 271- INDUCING A MINOR TO

ELEMENTS:
1) That the offender is a private individual
2) That he kidnaps or detains another, or in any
manner deprives him of his liberty
3) That the act of kidnapping or detention is
illegal
4) That the crime is committed without the
attendance of any of the circumstances
enumerated in 267
If the offender (a) voluntarily releases the
person so kidnapped or detained within three
days from the commencement of the detention,
(b) without having attained the purpose
intended, and (c) before the institution of
ABANDON HIS HOME
Inducement must be actual, committed with
criminal intent and determined by a will to cause
damage
Father or mother may commit crimes under
Arts. 270 & 271 where they are living
separately and the custody of their minor child
having been given to one of them, the other
parent of such minor child from the one having
the lawful custody of said child or induces such
minor to leave his home
ART. 272-SLAVERY

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ELEMENTS:
1) That the offender purchases, sells, kidnaps,
or detains a human being
2) That the purpose of the offender is to enslave
such human being
ART. 273-EXPLOITATION OF CHILD
LABOR
ELEMENTS:
1) The offender retains a minor in his service
2) That it is against the will of the minor
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
3) That the purpose is to require or enforce the
payment of a debt
ART. 275-ABANDONMENT OF PEROSNS
IN DANGER AND ABANDONMENT OF ONES
OWN VICTIM
Punishable Acts:
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
2) Failing to help/ render assistance to another
whom the offender has accidentally wounded or
injured
3) Failing to deliver a child, under seven yrs.
whom the offender has found abandoned, to the
authorities or to his family, or by failing to take
him to a safe place
par. 2 of Art. 275 applies only when someone
is accidentally injured by the accused
ART. 276-ABANDONING A MINOR
ELEMENTS:
1) That the offender has the custody of a child
2) That the child is under seven yrs.
3) That he abandons such child
4) That he as no intent to kill the child when the
latter is abandoned
Where there is intent to kill, this article does
not apply
A permanent, conscious and deliberate
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CRIMINAL LAW MEMORY AID
abandonment is required in this article
Circumstances Qualifying the Offense
1) When the death of the minor resulted from
such abandonment
2) If the life of the minor was in danger because
of the abandonment
ART. 277-ABANDONMENT OF MINOR BY
PERSON ENTRUSTED WITH HIS CUSTODY;
INDIFFERENCE OF PARENTS
ELEMENTS OF ABANDONMENT OF MINOR:
1) That the offender has charge of the rearing or
education of a minor
2) That he delivers said minor to a public
institution or other persons
3) 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
ELEMENTS OF INDIFFERENCE OF
PARENTS:
1) That the offender is a parent
2) That he neglects his children by not giving
them education
3) That his station in life requires such education
and his financial condition permits it
4) Failure to give education must be due to
deliberate desire to evade such obligation
ART. 278-EXPLOITATION OF MINORS
Prohibited Acts:
1) Causing any boy or girl under 16 to perform
any dangerous feat of balancing, physical
strength, or contortion, the offender being any
person
2) Employing children under 16 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 mgr. or engaged in a
similar calling
3) Employing any descendant under 12 years of
age in dangerous exhibitions enumerated in the
next preceding par., the offender being engaged
in any of the said callings
4)) Delivering a child under 16 gratuitously to
any person ff. any callings enumerated, or to
any habitual vagrant or beggar, the offender
being an ascendant, guardian, teacher, or
person entrusted in any capacity with the care of
such child
5) Inducing any child under 16 to abandon the
home of its ascendants, guardians, curators or
teachers to follow any person engaged in any
callings mentioned or to accompany any
habitual vagrant or beggar, the offender being
any person
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ART. 280-QUALIFIED TRESPASS TO

DWELLING
ELEMENTS:
1) That the offender is a private person
2) That he enters the dwelling of another
3) That such entrance is against the latters will
Qualified if committed by means of
violence/intimidation
Lack of permission does not amount to
prohibition; there must be opposition on the part
of the owner of the house to the entry of the
accused; prohibition must be in existence prior
to or at the time of entrance
ABSOLUTORY CAUSES:
1) If the entrance to anothers dwelling is made
for the purpose of preventing some serious
harm to himself, the occupants of the
dwelling or third person;
2) If the purpose is to render some service to
humanity or justice; and
3) If the place where entrance is made is a
caf, tavern, inn and other public house,
while the same are open
ART. 282-GRAVE THREATS
Prohibited Acts:
1) Threatening another with the infliction upon
his person, honor, or property or that of his
family any wrong amounting to a crime and
demanding money or imposing any other
condition, even though not unlawful, and the
offender attained his purpose
2) Making such threat without the offender
attaining his purpose
3) Threatening another with the infliction upon
his person, honor, or property or that of his
family any wrong amounting to a crime, the
threat not being subject to a condition
Essence of the crime of threats is intimidation
Qualifying Circumstances: If threat was made
in writing or through a middleman
The act threatened must be wrong
The crime is consummated as soon as the
threats come to the knowledge of the person
threatened; Not necessary that the offended
party was present at the time the threats were
made

ART. 281-OTHER FORMS OF TRESPASS Threats made in connection with the

commission of other crimes are absorbed by the
latter; but if the threat was made with the
ART.280 ART. 281 deliberate purpose of creating in the mind of the
Offender is a The offender is any person threatened the belief that the threat
private person person would be carried into effect, the crime is GRAVE
THREATS, and the minor crime which
Offender enters a Offender enters accompanied it should be disregarded
dwelling house closed premises or
fenced estate ART. 283- LIGHT THREATS

Place entered is Place entered is ELEMENTS:

inhabited uninhabited 1) That the offender makes threat to commit a
wrong
Act constituting the It is the entering
2) That the wrong does not constitute a crime
crime is entering the the closed premises
3) That there is a demand for money or that
dwelling against the or the fenced estate
other condition is imposed, even though not
will of the owner; without securing the
unlawful
permission of the
4) That the offender has or, has not attained his
owner or caretaker
purpose
thereof

Prohibition to enter Prohibition to enter Blackmailing may be punished under Art. 283
is express or implied must be manifest
ART. 284- BOND FOR GOOD BEHAVIOR

Cases when a person is obliged to file the bond

PD 772 penalizes squatting and other 1) When he threatens another under
similar acts circumstances mentioned in 282
2) When he threatens another under
circumstances mentioned under 283

ART. 285-OTHER LIGHT THREATS

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Prohibited Acts:
1) Threatening another with a weapon, or by
inducing such weapon in a quarrel, unless it be
in lawful self-defense
2) Orally threatening another, in the heat of
anger, with some harm (not) constituting a
crime, without persisting in the idea involved in
his threat
3) Orally threatening to do another any harm not
constituting a felony
ART. 286-GRAVE COERCION
ELEMENTS:
1) That a person prevented another from doing
something not prohibited by law, or
2) That he compelled him to do something
against his will, be it right or wrong
3) That the prevention or compulsion be effected
by violence, either by material force or such
display of force as would produce intimidation
and control the will of the offended party
4) That the person that restrained the will and
liberty of another had not the authority of law or
the right to do so, or of law or in the exercise of
any lawful right
The act of preventing by force must be made
at the time the offended party was doing or
about to do the act to be prevented; if the act
was already done when violence was exerted,
the crime is UNJUST VEXATION
Coercion is consummated even if the
offended party did not accede to the purpose of
the coercion
ART. 287- LIGHT COERCION
ELEMENTS:
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
4) That the purpose of the offender is to apply
the same to the payment of the debt
No violence employed, unjust vexation
UNJUST VEXATION includes any human
conduct which, although not productive of some
physical or material harm would, however,
unjustly annoy or vex an innocent persons. The
paramount question to be considered whether
UNJUST vexation is committed is whether the
offenders act caused annoyance, irritation,
vexation, torment, distress or disturbance to the
mind of the person to whom it is directed
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CRIMINAL LAW MEMORY AID
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
2) Paying the wages due his laborer or
employee by means of tokens or objects other
than the legal tender currency of the Phil.,
unless expressly requested by such laborer or
employee
ELEMENTS OF ACT #1:
1) That the offender is any person, agent or
officer of any association or corporation
2) That he/such firm or corporation has
employed laborers or employees
3) That he force 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
ELEMENTS OF ACT#2:
1) That the offender pays the wages due a
laborer or employee employed by him by means
of tokens or objects
2) That those tokens or objects are other than
the legal tender currency of the Phil.
3) 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 degree as to compel or force the
laborers or employees in the free and legal
exercise of their industry or work
2) That the purpose is to organize, maintain or
prevent coalitions of capital or labor, strike, of
laborers or lockout of employers
Pls see Labor Code
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
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another CLASS I
3) That the purpose is to discover the secrets of ART. 294- ROBBERY WITH VIOLENCE
such another person AGAINST OR INTIMIDATION OF PERSONS
4) That offender is informed of the contents of
the papers or letters seized Crime defined in this article is a SPECIAL
COMPLEX CRIME the rule is that an intent to
ART. 291-REVEALING SECRETS WITH take personal property belonging to another
ABUSE OF OFFICE must precede the killing; the original design is
robbery
ELEMENTS:
1) That the offender is a manager, employee or Robbery and homicide are separate offenses
servant when the homicide was not committed on the
2) That he learns the secrets of his principal or occasion or by reason of the robbery if the
master in such capacity original design is not to commit robbery, but the
3) That he reveals such secrets robbery is committed after the homicide as an
damage not necessary afterthought and a minor incident in the
homicide
ART. 292-REVELATION OF INDUSTRIAL
SECRETS When homicide is not proved, the crime is
only robbery and vice versa
ELEMENTS:
1)That the offender is a person in charge, Rape committed on the occasion of robbery is
employee or workman of a manufacturing or still robbery with rape even if the rape was
industrial establishment committed in another place
2) That the manufacturing/industrial
establishment has a secret of the industry which ROBERRY W/ GRAVE COERCION
the offender has learned VIOLENCE
3) That the offender reveals such secrets There is violence There is violence
4) That prejudice is caused to the owner used by the offender used by the offender

CRIMES AGAINST PROPERTY There is intent to Intent to gain is

(ARTS. 293-331) gain not present
ART. 293-ROBBERY

The taking of personal property belonging to ROBBERY BRIBERY

another, with intent to gain, by means of When the victim When the victim
violence against or, intimidation of any person,
did not commit a has committed a
or use of force upon things.
crime and he is crime and gives
intimidated with money to avoid
CLASSIFICATION OF ROBBERY
arrest and or arrest or
1. Robbery with violence against, or violence of
prosecution to prosecution.
persons (294,297,298)
deprive him of his
2. Robbery by use of force upon things (299&
personal property
302)
The victim is He parts with his
ELEMENTS OF ROBBERY IN GENERAL: deprived of his money in a sense
1) That there be personal property belonging to money, property by voluntarily
another; force or intimidation
2) That there is unlawful taking of that property
3) That the taking must be with intent to gain
4) That there is violence against or intimidation ART. 295- ROBBERY WITH PHYSICAL
of any person/ or force used upon things INJURIES, COMMITTED IN AN UNINHABITED
PLACE AND BY A BAND OR WITH THE USE
Violence or intimidation must be present OF FIREARM ON A STREET, ROAD OR
before the taking of personal property is ALLEY
complete
Qualified Robbery with Force or Intimidation
REPUBLIC ACT 6539 is the law applicable of Persons:
when the property taken in robbery is a motor Nos. 2,4,5 of Article 294: if committed-
vehicle 1) In an uninhabited place; or
2) By a band; or

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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 the respective conveyances; or
5) On a street, road, highway, or alley, and the
intimidation is made with the use of firearms, the
offender shall be punished by the maximum
periods of the proper penalties prescribed in
294.
ART. 296- DEFINITION OF A BAND AND
PENALTY INCURRED BY THE MEMBERS
THEREOF
OUTLINE
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 the malefactors shall be the
max. of the corresponding penalty provided by
law without prejudice to the criminal liability for
illegal possession of such 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 of the assaults
committed by the band, unless it be shown that
he attempted to prevent the same
ART. 297-ATTEMPTED AND
FRUSTRATED ROBBERY COMMITTED
UNDER CERTAIN CIRCUMSTANCES
SPECIAL COMPLEX CRIME: When
Robbery is attempted or frustrated but homicide
is attendant
Term HOMICIDE used in the generic sense
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
3) That the compulsion is by means of violence
or intimidation
CLASS II
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
(b) a public building or (c) an edifice devoted
37
CRIMINAL LAW MEMORY AID
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
d) By using any fictitious name or
pretending the exercise of public
authority
Inhabited house includes any shelter, ship,
or vessel constituting the dwelling of one or
more persons eventhough the inhabitants are
temporarily absent
Public Building is every building owned by
the government or temporarily used by the same
eventhough owned by a private person or
temporarily unoccupied
The whole body of the culprit must be inside
the building to constitute entering
The wall broken must be an outside wall, not
a wall between rooms
FALSE KEYS Genuine keys stolen from
the owner or any key other than those intended
by the owner for use in the lock forcibly opened
The key must be stolen. If inmates inside the
house were forced to produce the key, the crime
is robbery with intimidation
If key was used to open a locked wardrobe,
receptacle, drawer or inside door, the crime is
theft.
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.
2) The offender takes personal property
belonging to another with intent to gain
under any of the following circumstances:
a. by the breaking of doors, wardrobes,
chests, or any other kind of sealed
furniture or receptacle
b. by taking such furniture or objects
away to be broken or forced open
outside the place of the robbery
It is estafa or theft if the locked or sealed
receptacle is not forced open in the building
where it is kept or taken therefrom to be broken
outside (e.g. the locked receptacle is confided
into the custody of the offender or if the
receptacle is found outside the building and is
forcibly opened)
ART. 300- ROBBERY IN AN
UNINHABITED PLACE AND BY A BAND
Qualified Robbery with Force Upon
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Things: When the robbery is committed in an
uninhabited place AND by a band.
As distinguished from Qualified Robbery with
Violence or Intimidation of Persons (Art 295)
which is committed in an uninhabited place OR
by a band.
ART. 302 - ROBBERY IN AN UNINHABITED
PLACE OR IN A PRIVATE BUILDING
Same manner of commission as Article 299
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
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
PRESIDENTIAL DECREE 532 repealing
Art 306 & 307
HIGHWAY ROBBERY/BRIGANDAGE the
seizure of any person for ransom, extortion or
other unlawful purposes or the taking away of
the property of another by means of violence
against or intimidation of persons or force upon
things or other unlawful means, committed by
any person on any Philippine highway
Number of Offenders Immaterial
Any person who aids or abets the
commission of highway robbery or brigandage
shall be considered accomplices.
a) by giving information about the
movement of police or other peace
officers of the government
b) acquires or receives property taken
from such brigands
c) in any manner derives any benefit
therefrom
d) directly/indirectly abets the
commission of highway robbery
DISTINCTION
BRIGANDAGE ROBBERY IN BAND
1. Purpose: commit 1. Purpose: commit
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CRIMINAL LAW MEMORY AID
robbery in highway; or robbery, not
to kidnap person for necessarily in
ransom; or any other highways
purpose attained by
force and violence
2. Agreement to 2. Agreement to
commit several commit a particular
robberies one of robbery
purposes
3. Mere formation is 3. Actual commission
punished of robbery necessary
ART. 308-WHO ARE LIABLE FOR THEFT
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
5) That the taking be accomplished without the
use of violence against or intimidation of
persons or force upon things
What distinguishes THEFT from ROBBERY
is that in theft the offender does not use
violence or intimidation or does not enter a
house or building through any of the means
specified in Art. 299 or Art. 302 in taking
personal property of another with intent to gain
Asportation is complete from the moment the
offender had full possession of the thing.
Actual or real gain not necessary, as long as
taking was with intent to gain
PRESIDENTIAL DECREE 581 punishes
HIGHGRADING or THEFT OF GOLD
PRESIDENTIAL DECREE 401 punishes
the use of tampered water or electrical meters to
steal water or electricity
ART. 310-QUALIFIED THEFT
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, mail
matter, or large cattle
4) If the property stolen consists of coconuts
taken from the premises of plantation
5) If the property stolen is fish taken from the a
fishpond or fishery
6) If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any
other calamity, vehicular accident or civil
disturbance
PRESIDENTIAL DECREE 533 ANTI-CATTLE
RUSTLING LAW OF 1974
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CRIMINAL LAW
CATTLE RUSTLING the taking away by
any means, method or scheme, without the
consent of the owner/raiser, of any of the
animals (classified as large cattle) whether or
not for profit or gain, or whether committed with
or without violence against or intimidation of any
person or force upon things. It includes the
killing of large cattle, or taking its meat or hide
without the consent of the owner /raiser.
ANTI-FENCING LAW
(PD #1612)
Section 2. Definition of Terms.
Fencing - the act of any person who, w/ intent to
gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell, or
dispose of, or shall buy and sell, or in any other
manner deal any article, item, object or anything
of value w/c he knows, or should be known to
him, to have been derived from the proceeds of
the crime of robbery or theft.
Section 5. Presumption of Fencing.
Mere possession of any good, article, item,
object, or anything of value w/c has been the
subject of robbery or thievery shall be prima
facie evidence of fencing.
Section 6. Clearance/Permit to Sell/Used
Second Hand Articles.
All stores, establishments or entities dealing in
the buy and sell of any good, article, item, object
or anything of value shall before offering the
same for sale to the public, secure the
necessary clearance or permit from the station
commander of the Integrated National Police in
the town or city where such store, establishment
or entity is located.
Any person who fails to secure the
required clearance/permit shall also be punished
as a fence.
CRIMES CALLED USURPATION
(ARTS. 312 & 313)
ART. 312- OCCUPATION OF REAL
PROPERTY OR USURPATION OF REAL
RIGHTS IN RPOPERTY
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
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CRIMINAL LAW MEMORY AID
real property or usurping real property or
usurping real rights in property
4) That there is intent to gain
THEFT/ROBBERY ART.312
Taking or Occupation or
asportation usurpation
Personal property Real property or
is taken real right involved
There is intent to There is intent to
gain gain
ART.313 - ALTERING BOUNDARIES OR
LANDMARKS
ELEMENTS:
1) That there be boundaries marks or
monuments of towns, provinces, or estates, or
any other marks intended to designate the
boundaries of the same
2) That the offender alters said boundary marks
ART. 314- FRAUDULENT INSOLVENCY
ELEMENTS:
1) That the offender is a debtor; that is he has
an obligation due and payable
2) That he absconds with his property
3) That there be prejudice to his creditors
ART. 315-SWINDLING/ESTAFA
ELEMENTS in general
1) That the accused defrauded another by
abuse of confidence, or by means of deceit
2) That damage or prejudice capable of
pecuniary estimation is caused to the offended
party or third persons
ESTAFA WITH UNFAITHFULNESS OR
ABUSE OF CONFIDENCE
ELEMENTS OF 315, NO.1 (A):
1) That the offender has an onerous obligation
to deliver something of value
2) That he alters its substance, quantity or
quality
3) That damage or prejudice is caused to
another
ELEMENTS OF 315, NO.1 (B)
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
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3) That such misappropriation or conversion or 3) That above the signature of the offended
denial is to the prejudice of another party a document is written by the offender
4) That there is demand made by the offended without authority to do so
party to the offender 4) That the document so written creates a
liability of, or causes damage to the offended
party or any third person
THEFT ESTAFA
A person who In estafa, the ESTAFA BY MEANS OF DECEIT (Art. 315,
misappropriated the offender receives nos. 2 and 3)
thing which he had the thing form the
received from the offended party; if in ELEMENTS OF 315, NO.2:
offended party may receiving the thing 1) That there must be false pretense, fraudulent
be guilty of theft, and from the offended act or fraudulent means
not estafa if he had party, the offender 2) That such false pretense, fraudulent act or
acquired only the acquired also the fraudulent means must be made or executed
material or physical juridical possession prior to or simultaneously with the commission of
possession of the of the thing and he fraud
thing later 3) That the offended party must have relied on
in theft, the offender misappropriated it, the false pretense, fraudulent act, or fraudulent
takes the thing he would be guilty of means, that is, he was induced to part with is
estafa money or property because of the false
pretense, fraudulent act, or fraudulent means
4) That as a result thereof, the offended party
suffered damage
ESTAFA MALVERSATION
Offenders are Offenders are 3 WAYS TO COMMIT 315, NO.2 (A)
entrusted with funds entrusted with funds 1) By using a fictitious name
or property or property 2) By falsely pretending to possess power,
influence, qualifications, property, credit,
agency, business or imaginary transactions
Continuing offense Continuing offense
3) By means of other similar deceits
The funds or Usually public
315 No.2 B, altering the quality, fineness or
property are always funds or property weight of anything pertaining to his business
private 315 No. 2 C, pretending to have bribed any
Offender is a Offender who is Government employee
private individual or usually a public
even a public officer officer is ELEMENTS OF 315 No. 2 (D)
who is not accountable for 1) That the offender postdated a check, or
accountable for public funds or issued a check in payment of an obligation
public funds or property 2) That such postdating or issuing a check was
property done when the offender had no funds in the
Crime is Crime is bank, or his funds deposited therein were not
committed by committed by sufficient to cover the amount of the check
misappropriating, appropriating, taking
converting or or misappropriating BATAS PAMBANSA 22
denying having or consenting, or Bouncing Checks Law
received money, through
goods, or other abandonment or Section 1. Checks Without Sufficient Funds
personal property negligence,
permitting any other 2 Offenses punished in BP 22
person to take the 1) Making or Drawing and issuing a check
public funds or knowing at the time of issue that he does not
property have sufficient funds.
Elements:
a. That a person draws a check.
, b. That the check is made or drawn and
ELEMENTS OF 315, NO.1 (C) issued to apply on account or for value.
1) That the paper with the signature of the c. That the person knows that at the time
offended party be in blank of issue he does not have sufficient
2) That the offended party should have been funds in or credit with the drawee bank
delivered it to the offender for the payment of such check upon its

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presentment. 1. Only the drawer or 1. Not only the drawer

d. That the check is subsequently persons who signed bit also the
dishonored by the drawee bank for the the check for a endorsers who
insufficiency of funds or would have judicial or artificial acted with deceit
been dishonored for the same reason person are liable, knowing that the
had not the drawer, without any valid endorsers are not check is worthless
reason ordered the bank to stop liable; will be criminally
payment. liable;
2. Violation is malum 2. The issuance of the
2) Failing to keep sufficient funds to cover prohibitum, good check should be the
check if presented within a period of 90 days faith is not a means to obtain the
from the date appearing thereon. defense; valuable
Elements: consideration from
a. That a person has sufficient funds with the payee. The
the drawee bank when he makes or offender must be
issues a check. able to obtain
b. That he fails to keep sufficient funds or money or property
to maintain a credit to cover the full from the offended
amount if presented within a period of party bec. of the
90 days from the date of appearing issuance of the
thereon. check;
c. That the check is dishonored. 3. The violation is a 3. The crime is malum
crime against public in se therefore it
What is punished is the issuance of the interest because it requires criminal
check not the nonpayment of the affects the entire intent;
obligation. banking system;
4. Deceit and damage 4. Estafa is essentially
VACA CASE: are not elements of a crime against
Imposed only the fine and not imprisonment the crime; property;
however in case of insolvency then 5. The drawer or issuer 5. False pretenses or
subsidiary imprisonment is applied. is given 5 days after deceit and damage
st
receiving notice of or at least intent to
1 SC Circular: Apply the decision in the dishonor within cause damage are
VACA Case. which to pay the essential and the
nd
value of the check false pretenses
2 SC Circular: The imposition of the fine or make must be prior to or
or imprisonment or both shall be at the arrangements for simultaneous with
discretion of the court. the payment thereof. the damage caused.

Refusal of the drawee bank to pay the

check is prima facie evidence of knowledge of
insufficiency of funds.
Exceptions:
a. When the check is presented after 90 days
from the date of the check.
b. When the drawer pays the holder the full
amount thereon within 5 banking days after
receiving notice of non-payment by drawee.
c. When the drawer makes arrangements for
payment in full by the drawee within 5
working days after notice of non-payment.
Prosecution under BP 22 shall be without
prejudice to any liability for any violation in the
RPC.
The fine under BP22 is based on the
amount of the check and is without regard to the
amount of damaged caused.
BP22 RPC
3 WAYS TO COMMIT 315, NO. 2(E)
1) By obtaining food, refreshment or
accommodation at hotel, inn, restaurant,
boarding house, lodging house or apartment
house without paying therefor, 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
3) By abandoning or surreptitiously removing
any part of his baggage from any of the said
establishment after obtaining credit, food,
refreshment or accommodation therein, without
paying
ELEMENTS OF 315 NO. 3 (A)
1) That the offender induced the offended party
to sign a document
2) The deceit be employed to make him sign the
document
3) That the offended party personally signed the
document
4) That prejudice be caused

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315 No. 3 (B) resorting to some fraudulent ELEMENTS:

practice to insure success in a gambling game
ELEMENTS OF 315 NO. 3 (C)
1) That there be court record, office files,
documents or any other papers
2) That the offender removed, concealed or
destroyed any of them
3) That the offender had intent to defraud
another
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
4) That the transaction is to the detriment of
such minor

INFIDELITY IN ESTAFA (Art.315C) ART. 318- OTHER DECEITS

CUSTODY OF
DOCUMENT 1) By defrauding or damaging another by any
(Art.226) other deceit not mentioned in the preceding
Manner of Manner of articles
committing the committing the 2) By interpreting dreams, by making forecasts,
offenses are the offenses are the by telling fortunes, by taking advantage of the
same same credulity of the public in any other similar
under Art. 226 under Art. 226 manner, for profit or gain
Offender is a The offender is a
public officer who is private individual ART 319- REMOVAL, SALE OR PLEDGE
officially entrusted who is not officially OF MORTGAGED PROPERTY
with the document entrusted with the
documents ELEMENTS: (par 1)
1) personal property mortgaged under Chattel
There is intent to Intent to defraud is Mortgage Law
defraud not required 2) Offender knows such mortgage
3) He removes personal property to any
province or city other than the one in which it
was located at the time of the execution of
ART. 316- OTHER FORMS OF
the mortgage
SWINDLING
4) Removal is permanent
5) No written consent of mortgagee, executors,
Persons Liable
administrators or assigns to such removal
1) Any person who, pretending to be the owner
of any real property, shall convey, sell,
ELEMENTS: (par 2)
encumber or mortgage the same
1) Personal property pledged under CML
2) Any person who, knowing that real property is
2) Offender, who is the mortgagor, sells or
encumbered, shall dispose of the same,
pledges the same property or any part
although such encumbrance be not recorded
thereof
3) The owner of any personal property who shall
3) No consent of mortgagee written at the back
wrongfully take it from its lawful possessor, to
of mortgage and noted on the record thereof
the prejudice of the latter or any third person
in the Ofc of the Register of Deeds
4) Any person who, to the prejudice of another,
shall execute any fictitious contract
Damage to the mortgagee not essential
5) Any person who shall accept any
compensation given under the belief that it was
ART. 320-326-b REPEALED BY PD 1613
in payment of services rendered or labor
performed by him, when in fact he did not
PD 1613 AMENDING THE LAW ON
actually perform such services or labor
ARSON
6) Any person who, while being a surety in a
bond given in a criminal or civil action, without
ARSON any person who burns or sets fire to
express authority from the court or before the
the property of another; or to his own property
cancellation of his bond or before being relieved
under the circumstances which expose to
from the obligation contracted by him, shall sell,
danger the life or property of another
mortgage, or, in any other manner, encumber
the real property or properties with which he
DESTRUCTIVE ARSON
guaranteed the fulfillment of such obligation
1) Any ammunition factory and other
establishment where explosives, inflammable or
ART. 317-SWINDLING A MINOR
combustible materials are stored

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2) Any archive, museum, whether public or
private, or any edifice devoted to culture,
education or social services.
3) Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation of
persons or property
4) Any church or place of worship or other
building where people usually assemble
5) Any building where evidence is kept for use in
any legislative, judicial, administrative or other
official proceeding
6) Any hospital, hotel, dormitory, lodging house,
housing tenement, shopping center, public or
private market, theater or movie house or any
similar place or building
7) Any building, whether used as a dwelling or
not, situated in a populated or congested area
OTHER CASES OF ARSON
1) Any building used as offices of the
Government or any of its agencies
2) Any inhabited house or dwelling
3) Any industrial establishment, shipyard, oil well
or mine shaft, platform or tunnel
4) Any plantation, farm, pasture land, growing
crop or grain field, orchard, bamboo grove or
forest
5) Any rice mill, sugar mill, cane mill or mill
central
6) Any railway or bus station, airport, wharf, or
warehouse
SPECIAL AGGRAVATING
CIRCUMSTANCES IN ARSON
1) If committed with intent to gain
2) If committed for the benefit of another
3) If the offender in motivated by spite or hatred
towards the owner or occupant of the property
burned
4) If committed by a syndicate
The offense is committed by a syndicate if it
is planned or carried out by a group of three or
more persons
If a part of the building commences to burn,
the crime is consummated arson, however small
is the portion burned
When there is fire, the crime committed is
either frustrated or consummated arson, never
attempted.
ART. 327 LIABLE FOR MALICIOUS
MISCHIEF
MALICIOUS MISCHIEF the willful damaging
of anothers property for the sake of causing
damage due to hate, revenge, or other evil
motive
ELEMENTS:
1) That the offender deliberately caused damage
to the property of another
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CRIMINAL LAW MEMORY AID
2) That such acts does not constitute arson or
other crimes involving destruction
3) That the act of damaging anothers property
be committed merely for the sake of damaging it
ART. 328 SPECIAL CASES OF
MALICIOUS MISCHIEF (Qualified)
1) Causing damage to obstruct the
performance of public functions
2) Using poisonous or corrosive substances
3) Spreading any infection or contagion among
cattle
4) Causing damage to the property of the
National Museum or National Library, or to
any archive or registry, waterworks, road,
promenade, or any other thing used in
common by the public
ART. 329 OTHER MISCHIEFS: mischief
not included in the next preceding article
ART. 330 DAMAGE AND
OBSTRUCTION TO MEANS OF
COMMUNICATION
Persons Liable
Any person who shall damage any railway,
telegraph or telephone lines
The offense is qualified if the damage shall
result in the derailment of cars, collision or other
accident
ART 331- Destroying or damaging statues,
public monuments or paintings
ART. 332 PERSONS EXEMPT FROM
CRIMINAL LIABILITY
Crimes involved:
1) Theft
2) Swindling
3) Malicious mischief
PERSONS EXEMPTED:
1) Spouses, ascendants and descendants, or
relatives by affinity on the same line
2) The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same passed the same into
the possession of another
3) Brothers and sisters and brothers in law and
sisters in law, if living together
Stepfather, adopted father, natural children,
concubine, paramour included
Also applies to common-law spouses
Not applicable to strangers participating in the
commission
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CRIMINAL LAW
CRIMES AGAINST CHASTITY
(ARTS 333-343)
ART. 333 ADULTERY
ELEMENTS:
1) That the woman is married
2) That she has sexual intercourse with a man
not her husband
3) That as regards to the man with whom she
has sexual intercourse, he must know her to be
married
Even if the marriage be subsequently
declared void
The acquittal of one of the defendants does
not operate as a cause for acquittal of the other
Reasons:
1) There may not be a joint criminal intent
although there is joint physical act thus, one of
the parties may be insane and the other sane, in
which case only the sane could be held
criminally liable
2) Thus, also the man may not know that the
woman is married, in which case the man is
innocent
3) Thus, also, the death of the woman during the
pendency of the action cannot defeat the trial
and conviction of the man even if the man had
left the country and could not be apprehended,
the woman can be tried and convicted
The pardon must come before the institution
of the criminal prosecution
The offended party must pardon both the
offenders
Abandonment of the wife by the husband
without justification is only a mitigating
circumstance
ART. 334 CONCUBINAGE
Three ways to commit
1) By keeping a mistress in the conjugal dwelling
2) By having sexual intercourse under
scandalous circumstances with a woman who is
not his wife
3) By cohabiting with her in any other place
ELEMENTS:
1) That the man must be married
2) That he committed any of the ff. acts:
a. keeping a mistress in the conjugal
dwelling.
b. having sexual intercourse under
scandalous circumstances with a
woman who is not his wife
c. cohabiting with her in any other place
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CRIMINAL LAW MEMORY AID
3) as regards to the woman, she must know him
to be married
ART 335 Amended by RA 8353
reclassifying rape as a crime against persons
ART. 336- ACTS OF LASCIVIOUSNESS
ELEMENTS:
1) That the offender commits any act of
lasciviousness or lewdness
2) That it is done under any of the ff.
circumstances
a. By using force or intimidation
b. When the offended party is deprived of
reason or otherwise unconscious
c. When the offended party is another
person of either sex
ABUSES AGAINST CHASTITY (246) is
committed by a PUBLIC OFFCER and a mere
immoral or indecent proposal made earnestly
and persistently is sufficient. In CRIMES
AGAINST CHASTITY (336) the offender is, in
the majority of cases, a PRIVATE INDIVIDUAL
and it is necessary that some actual act of
lasciviousness should have been executed by
the offender
No attempted or frustrated crime of acts of
lasciviousness
Both Acts of Lasciviousness and Attempted
Rape are committed in the same manner and
with the acts of the same character.
Difference lies in the Objective Sought: In
AOL, the acts performed do not indicate a
purpose to lie with the victim and the final end
sought are the lascivious acts performed. In
Rape, the lascivious acts are mere preparatory
acts.
SEDUCTION - Enticing a woman to
unlawful sexual intercourse by promise of
marriage or other means of persuasion without
the use of force
KINDS
1) Qualified seduction (337)
2) Simple seduction ( 338)
ART. 337- QUALIFIED SEDUCTION
Two classes
1) Seduction of a virgin over 12 years and under
18 years of age by certain persons, such as, a
person in authority, priest, teacher, etc.
2) Seduction of a sister by her brother or
descendant by her ascendant, regardless of her
age and reputation
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CRIMINAL LAW
OFFENDERS FOR QUALIFIED SEDUCTION
1) Those who abused their authority -
a. Person in authority
b. Guardian
c. Teacher
d. Person, who, in any capacity, is
entrusted with the education or custody
of the woman seduced
2) Those who abused confidence reposed in
them
a. Priest
b. House servant
c. Domestic
3) Those who abused their relationship -
a. Brother who seduced his sister
b. Ascendant who seduced his descendant
DISTINCTION: with rape
if any of the circumstances in the crime of rape
is present, the crime is not to be punished under
this article
VIRGINITY: Does not mean physical virginity.
The RPC does not exclude the idea of abduction
of a virtuous woman of good reputation.
ART. 338 SIMPLE SEDUCTION
ELEMENTS:
1) That the offended party is over 12 and under
18 years of age
2) That she must be of good reputation, single or
widow
3) That the offender has sexual intercourse with
her
4) That it is committed by means of deceit
virginity of the offended party is not required
deceit generally takes the form of the
unfulfilled promise of marriage
ART. 339 ACTS OF LASCIVIOUSNESS
WITH THE CONSENT OF THE OFFENDED
PARTY
ELEMENTS:
1) That the offender commits acts of
lasciviousness or lewdness
2) That the acts are committed upon a woman
who is a virgin or a single widow of good
reputation, under 18 years of age but over 12
years, or a sister or descendant regardless of
her reputation or age
3) That the offender accomplishes the acts by
abuse of authority, confidence, relationship or
deceit
ART. 340 CORRUPTION OF MINORS (as
amended by BP 92)
Any person who shall promote or facilitate
the prostitution or corruption of persons under
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CRIMINAL LAW MEMORY AID
age to satisfy the lust of another
If the culprit is a public officer or employee,
including those in GOCC, shall suffer also suffer
the penalty of absolute disqualification
Not necessary that the unchaste acts shall
have been done. Mere proposal consummates
the offense
ART. 341- WHITE SLAVE TRADE
Prohibited Acts:
1) Engaging in the business of prostitution
2) Profiting by prostitution
3) Enlisting the services of women for the
purpose of prostitution
Habituality is not necessary
under the pretext --- i.e. one who is
engaged in the services of a woman ostensibly
as a maid but in reality for the purposes of
prostitution, still guilty of the offense
ABDUCTION - The taking away of a woman
from her house or the place where she may be
for the purpose of carrying her to another place
with intent to marry or to corrupt her
KINDS
1) Forcible abduction (342)
2) Consented abduction (343)
ART. 342- FORCIBLE ABDUCTION
ELEMENTS:
1) That the person abducted is any woman,
regardless of her age, civil status, or reputation
2) That the abduction is against her will
3) That the abduction is with lewd design
The taking away of the woman may be
accomplished by means of deceit first and then
by means of violence and intimidation
If female abducted is under 12 years of age,
crime is FORCIBLE ABDUCTION, even if she
voluntarily goes with her abductor.
Sexual intercourse in not necessary. Intent to
seduce is sufficient.
When there are several defendants, it is
enough that one of them had lewd designs
Husband cannot be found guilty of forcible
abduction as lewd design is wanting
FORCIBLE GRAVE COERCION
ABDUCTION
There is violence There is violence
or intimidation used or intimidation used
 JURIS NOTES
CRIMINAL LAW

by the offender and by the offender and CRIMES OF ADULTERY, CONCUBINAGE,

the offended party is the offended party is SEDUCTION, ABDUCTION, RAPE AND ACTS
compelled to do compelled to do OF LASCIVIOUSNESS
something against something against
her will her will 1) Adultery and concubinage must be
prosecuted upon the complaint signed by the
With lewd design No lewd design offended spouse
provided there is no 2) Seduction, abduction and acts of
deprivation of liberty lasciviousness must be prosecuted upon the
for an appreciable complaint signed by
length of time a. Offended party
b. Her parents
c. Grandparents
When there is deprivation of liberty and no d. Guardians
lewd designs it is KIDNAPPING and SERIOUS in the order named above
ILLEGAL DETENTION ( ART. 267)
Both the guilty parties, if both alive, must be
included in the complaint for adultery and
FORCIBLE KIDNAPPING concubinage
ABDUCTION
When the violent If without lewd When the offended party is of age and is in
taking of a woman is designs complete possession of her mental and physical
motivated with lewd faculties, she alone can file the complaint
designs The guardian is one legally appointed by the
court
Conviction of acts of lasciviousness, not a bar
to conviction of forcible abduction. Pardon to adultery and concubinage may be
express or implied; whereas express pardon of
Attempted Rape is absorbed by Forcible the offender is a bar to prosecution for
Abduction as the former constitutes the element seduction, abduction, abduction, rape or acts of
of lewd design lasciviousness

ART. 343- CONSENTED ABDUCTION Condonation is not pardon in concubinage or

ELEMENTS:
1) that the offended party must be a virgin
2) That she must be over 12 and under 18 years
of age
3) That the taking away of the offended party
must be with her consent, after solicitation or
cajolery from the offender
4) That the taking away of the offended party
must be with lewd designs
If girl is under 12 ALWAYS FORCIBLE
ABDUCTION
The taking of the virgin need not have the
character of permanency. A temporary taking is
sufficient as long as there is lewd design.
adultery any subsequent acts of the offender
showing that there was no repentance will not
bar the prosecution of the offense
Pardon by the offended party who is a minor
must have the concurrence of parents except
when the offended party has no parents
Marriage of the offender with the offended
party benefits the co-principals, accomplices and
accessories
Marriage of the offender with the offended
party in other crime does not extinguish criminal
liability of the offender as when convicted to
the other crimes.

CRIMES AGAINST CHASTITY WHERE AGE Marriage of parties guilty of adultery or

AND REPUTATION OF THE VICTIM ARE
IMMATERIAL:
1) Acts of Lasciviousness against
the will of the offended party; or
against a sister or descendant
2) Qualified Seduction of sister or
descendant
3) Forcible Abduction
ART. 344 PROSECUTION OF THE
concubinage, not included
ART. 345 CIVIL LIABILITY OF PERSONS
GUILTY OF CRIMES AGAINST CHASTITY
Persons who are guilty of rape, seduction, or
abduction shall also be sentenced:
1) To indemnify the offended woman
2) To acknowledge the offspring, unless the law
should prevent him from doing so
3) In every case to support the offspring

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ART. 347 SIMULATION OF BIRTHS,
SUBSTITUTION OF ONE CHILD FOR
ANOTHER, CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE CHILD
Prohibited Acts:
1) Simulation of births
2) Substitution of one child for another
3) Concealment or abandonment of a legitimate
child with intent to cause such child to lose its
civil status
Object of the crime under ART. 347 is the
creation of false or the causing of the loss of civil
status
SIMULATION OF BIRTH takes place when
the woman pretends to be pregnant when in fact
she is not and on the day of the supposed
delivery takes the child of another as her own
The simulation which is a crime is that which
alters the civil status of a person
Fact that the child will be benefited by the
simulation of its birth is not a defense
Concealing a legitimate child must be for the
purpose of causing it to lose its civil status
A physician or surgeon or public officer who
cooperates in the execution of the crimes is also
liable
ART. 348 USURPATION OF CIVIL
STATUS
Usurping the civil status of another is
committed by assuming the filiation, or the
parental or conjugal rights of another
CIVIL STATUS includes ones public
station or the rights, duties, capacities and
incapacities which determine a person to a given
class, i.e. usurpation of a profession
There must be intent to enjoy the rights
arising from the civil status of another
Crime is qualified if the purpose to defraud
offended parties and heirs
ILLEGAL MARRIAGES
(ARTS 349-351)
ART. 349 BIGAMY
ELEMENTS:
1) That the offender has been legally married
2) That the marriage has not been dissolved or,
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CRIMINAL LAW MEMORY AID
in case of his or her spouse is absent, the
absent spouse could not yet be presumed dead
according to the Civil Code
3) That he contracts a second marriage or
subsequent marriage
4) That the second or subsequent marriage has
all the essential requisites for validity
Nullity of marriage is not a defense in a
bigamy charge
The second marriage must have all the
essential requisites for validity
Validity of second marriage is a prejudicial
question to liability for bigamy
Bigamy not a private offense
A person convicted of bigamy may still be
prosecuted for concubinage
The second spouse who knew of the first
marriage is an accomplice, as well as the person
who vouched for the capacity of either of the
contracting parties
ART. 350 MARRIAGE CONTRACTED
AGAINST PROVISIONS OF LAWS
ELEMENTS:
1) That the offender contracted marriage
2) That 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
3) The offender must not be guilty of bigamy
Qualifying Circumstance: if either of the
contracting parties obtains the consent of the
other by means of violence, intimidation or fraud
ART. 351- PREMATURE MARRIAGES
PERSONS LIABLE
1) A widow who married within 301 days from
the date of the death of her husband, or before
having delivered if she is pregnant at the time of
his death
2) A woman who, her marriage having been
annulled or dissolved, married before delivery or
before expiration of the period of 301 days after
the date of legal separation
Period may be disregarded if the first
husband was impotent or sterile
Period of 301 days is important only for
cases where the woman is not pregnant or
without knowledge of such pregnancy; If
pregnant, prohibition good only up to time of
 JURIS NOTES
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delivery
ART. 352- PERFORMANCE OF ILLEGAL
MARRIAGES
Priests, or ministers of any religious
denomination or sect, or civil authorities who
shall perform or authorize any legal marriage
ceremony
Offender must be authorized to solemnize
marriages, otherwise, he is liable under art 177
for usurpation of authority
CRIMES AGAINST HONOR
(ARTS 355-364)
ART. 353 LIBEL
Is a public and malicious imputation of a crime,
or vice or defect, real or imaginary, or any act,
omission, condition, status, or circumstance
tending to cause the dishonor, discredit, or
contempt of a natural person or juridical person,
or to blacken the memory of one who is dead
DEFAMATION is the proper term for libel as
used in Art. 353
ELEMENTS:
1) That there must be an imputation of a crime,
or a vice or defect, real or imaginary, or any act,
omission, condition, status or circumstance
2) That the imputation must be made publicly
3) That it must be malicious
4) That the imputation must be directed at a
natural person or a juridical person, or one who
is dead.
5) That the imputation must tend to cause the
dishonor, discredit, or contempt of the person
defamed.
No crime if the defamatory imputation is not
published
PUBLICATION communication of the
defamatory matter to some third person/s
MALICE term used to indicate the fact that
the offender is prompted by personal ill-will or
spite and speaks not in response to duty, but
merely to injure the reputation of the person
defamed
a. MALICE IN FACT may be shown
by proof of ill-will, hatred, or purpose to
injure; also known as EXPRESS MALICE
b. MALICE IN LAW is presumed
from defamatory imputation; proof is not
required because it is presumed to exist
from the defamatory imputation;
When the communication is PRIVILEGED,
malice is not presumed from the defamatory
words.
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CRIMINAL LAW MEMORY AID
Identification of the offended party is required
in fourth element
Test to determine whether words used are
libelous: If they tend to induce hearers to
suppose and understand that the person against
whom they were uttered was guilty of certain
offenses, or are sufficient to impeach his
honesty, virtue or reputation or to hold him to
public ridicule.
ART. 354 REQUIREMENT FOR
PUBLICITY
MALICE IN LAW Every defamatory
imputation is presumed to be malicious, even if it
be true, if no good intention or justifiable motive
is shown
The PRESUMPTION is rebutted if it shown by
the accused that
a. The defamatory imputation, is true, in
case the law allows proof of the truth of
the imputation.
b. It is published with good intention.
c. There is justifiable motive for making it.
MALICE is not presumed in the following
cases:
1) Private communication made by any
person to another in the performance of
any legal, moral or social duty.
2) A fair and true report of any judicial,
legislative, or other proceedings which
are not of confidential nature;
3) Or of any statement, report, or speech
delivered in said proceedings, or of any
other act performed by public officers in
the exercise of their functions
R.A. 4200-THE ANTI-WIRE TAPPING ACT.
REPUBLIC ACT NO.4200
Section 1. Unlawful acts by any person or
participant, not authorized by all the parties to
any private communication or spoken word :
1. to tap any wire or cable
2. to use any other device or arrangement
3. to secretly overhear, intercept or record
such communication by using a device
known as dictaphone/ dictagraph/
detectaphone/ walkie-talkie/ tape-recorder
4. to knowingly possess any tape/wire or disc
record or copies of any communication or
spoken word
5. to replay the same for any person or
persons
6. to communicate the contents thereof,
verbally or in writing
7. to furnish transcriptions thereof, whether
complete or partial
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CRIMINAL LAW
EXCEPTIONS:
1. When the use of the record or copies are for
purposes of evidence in any civil, criminal
investigation or trial of offenses
2. When a peace officer is authorized by
written order from the court to execute any
of the acts punishable in cases involving:
a. treason
b. espionage
c. provoking war and disloyalty in case of
war
d. piracy
e. mutiny in the high seas
f. rebellion
g. conspiracy and proposal to commit
rebellion
h. sedition
i. inciting to sedition
j. conspiracy to commit sedition
k. kidnapping
l. other offenses against national security
WRITTEN ORDER GRANTED:
a. written application, examination under oath
b. reasonable grounds to believe that a violation
was committed
c. reasonable ground to believe that evidence is
essential to the conviction of any person
d. no other means readily available for obtaining
such evidence.
Section 4.
Any recording, communication or spoken word
obtained in violation of the provisions of this Act:
INADMISSIBLE IN EVIDENCE IN ANY
JUDICIAL, QUASI-JUDICIAL OR
ADMINISTRATIVE HEARING OR
INVESTIGATION.
ART. 355 LIBEL BY MEANS OF
WRITINGS OR SIMILAR MEANS
Committed by means of: 1) writing 2) printing
3) lithography 4) engraving 5) radio 6)
phonograph 7) painting 8) theatrical exhibition 9)
cinematographic exhibitions 10) similar means
Defamation through amplifier is not libel but
oral defamation
Defamation through television is libel
In addition to the civil action which may be
brought by the offended party a civil action
for damages may be filed simultaneously or
separately with the criminal action
ART. 356 THREATENING TO PUBLISH
AND OFFER TO PREVENT SUCH
PUBLICATION FOR A COMPENSATION
Prohibited acts:
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1) Threatening another to publish a libel
concerning him, or his parents, spouse, child or
other members of the family
2) Offering to prevent the publication of such
libel for compensation or money consideration
BLACKMAIL any unlawful extortion of
money by threats of accusation or exposure
FELONIES WHERE BLACKMAIL IS POSSIBLE
1. Light threats (283)
2. Threatening to publish, offering to prevent the
publication of a libel for compensation (356)
ART. 357 PROHIBITED PUBLICATION
OF ACTS REFERRED TO IN THE COURSE
OF OFFICIAL PROCEEDINGS
ELEMENTS:
1) The offender is a reporter, editor or manager
of a newspaper, daily or magazine
2) He publishes facts connected with the
private life of another
3) Such facts are offensive to the honor, virtue
and reputation of said person
Prohibition applies even if the facts are
involved in official proceedings
GAG Law newspaper reports on cases
pertaining to adultery, divorce, issues about the
legitimacy of children, etc. will necessarily be
barred from publication
Source of news report may not be revealed
unless the court or a House or Committee of
Congress finds that such revelation is
demanded by the security of the State
ART. 358 SLANDER (oral defamation)
KINDS:
1) Simple slander
2) Grave slander, when it is of a serious and
insulting nature
FACTORS THAT DETERMINE THE
GRAVITYOF ORAL DEFAMATION
1) upon the expressions used
2) on the personal relations of the accused and
the offended party
3) circumstances surrounding the case
Slander need not be heard by the offended
party
ART. 359 SLANDER BY DEED
A crime against honor which is committed by
performing any act which casts dishonor,
discredit, or contempt upon another person
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CRIMINAL LAW

Whether a certain slanderous acts is of a of whether the offended party is a

serious nature or not depends on the social
standing of the offended party, the
circumstances under which the act was
committed, the occasion
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
3) That such act casts dishonor, discredit, or
contempt upon the offended party
Slander by deed refers to the performance of
an act, not use of words
Slapping of the face of another is slander by
deed if the intention is to cause shame and
humiliation
private individual or a public officer.
2. When the offended party is a
Government employee, even if the
imputation does not constitute a crime,
provided it is related to the discharge of
his official duties.
Proof of truth must rest upon positive, direct
evidence upon which a definite finding may be
made by the court; probable costs is sufficient
Defense in defamation
1) It appears that the matters charged as
libelous is true
2) It was published with good motives
3) And for a justifiable end
ART. 363 INCRIMINATING INNOCENT
PERSONS

Slander by deed; if in addition with ELEMENTS:

annoyance or irritation, there was present any 1) that the offender performs an act
circumstances for in rape, i.e. use of force, with 2) That by such act he directly incriminates or
lewd design ---- acts of lasciviousness imputes to an innocent person the commission
of a crime
Common element of Slander by deed, Unjust 3) That such act does not constitute perjury
Vexation and Acts of Lasciviousness Irritation
or Annoyance; Without any other concurring INCRIMINATING PERJURY BY
factor, it is only Unjust Vexation; If the purpose INNOCENT MAKING FALSE
is to shame or humiliate, Slander by deed. PERSONS ACCUSATIONS
Committed by The gravamen of
ART 360 PERSONS RESPONSIBLE FOR performing an act by the offense is the
LIBEL which the offender imputation itself,
directly incriminates falsely made before
1) Any person who shall publish, exhibit or or imputes to an an offer
cause the publication or exhibition of any innocent person the
defamation in writing or by similar means commission of a
2) The author, editor of the book or pamphlet crime
3) Editor, Business manager of newspaper or Limited to the act Giving of false
magazine, responsible to the same extent of planting evidence statement under
as if he were the author and the like in order oath or making a
4) Owner of the printing plant which publishes to incriminate an false affidavit,
the libelous article and all other persons who innocent person imputing to the
in any way participate person the
commission of a
Offended party must file complaint for crime
defamation imputing a crime which cannot be
prosecuted de officio INCRIMINATING DEFAMATION
INNOCENT
Libel imputing a vice or defect, not being an PERSONS
imputation of a crime is always prosecuted upon
Offender does not Imputation is
the information signed and filed by the fiscal
avail himself of public and malicious
written or spoken calculated to cause
ART. 361 PROOF OF TRUTH
words in dishonor, discredit,
besmirching the or contempt upon
WHEN PROOF OF THE TRUTH IS
victims reputation the offended party
ADMISSIBLE IN A CHARGE FOR LIBEL
ART. 364 INTRIGUING AGAINST HONOR
1. When the act or omission
imputed constitutes a crime regardless

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Committed by any person who shall make 3) That it be without malice.

any intrigue which has for its principal purpose
to blemish the honor or reputation of another
Intriguing against honor is any scheme or
plot by means which consists of some trickery
ART. 365 IMPRUDENCE AND
NEGLIGENCE
ACTS CONSTITUTING RECKLESSNESS OR
IMPRUDENCE
1) By committing through reckless imprudence
any act which, had it been intentional, would
constitute grave or less grave felony or light
felony.
2) By committing through simple imprudence or
negligence, any act which would otherwise
constitute a grave or less serious felony.
3) By causing through simple imprudence or
negligence some wrong which, if done
maliciously would have constituted a light
felony.
4) That material damage results.
5) That there is inexcusable lack of
precaution on the part of the person
performing or failing to perform such act
taking into consideration - - -
a. Employment or occupation.
b. Degree of intelligence, physical
condition.
c. And other circumstances
regarding persons, time and
place.
The doing of the act or the failure to do the
act must be voluntary
If there is intent to kill, the crime is homicide;
If there is intent to cause damage due to hate or
revenge, the crime is malicious mischief
SIMPLE IMPRUDENCE consist in the lack
of precaution displayed in those cases in which
the damage impending to be caused is not
immediate nor the danger clearly manifest.

Imprudence or negligence is not a crime in ELEMENTS:

itself, it is simply a way of committing a crime. 1) That there is lack of precaution on the
part of the offender.
A negligent act causing damage may produce 2) That the damage impending to be
civil liability arising from a crime or create an caused is not immediate nor the danger
action for quasi-delict under the Civil Code. The clearly manifest.
injured party may choose which remedy to
enforce and cannot recover on both. When the reckless or simple imprudence or
negligence resulted in damage to property, the
penalty is only fine
IMPRUDENCE NEGLIGENCE
Deficiency of Deficiency of Art 64 relative to mitigating and aggravating
action perception. circumstances not applicable to crimes
Failure in Failure in committed through negligence
precaution. inadvertence.
Maybe avoided by Avoided by taking When the penalties provided for in Article 365
paying proper the necessary are not applicable:
attention and using precaution once they a) When the penalty provided for the offense is
due diligence in are foreseen. equal to or lower than those provided in the
foreseeing them. first two paragraphs of Art 365
b) When, by imprudence or negligence, and
with violation of the Automobile Law, the
RECKLESS IMPRUDENCE consist in
death of a person shall be caused
voluntary, but without malice, doing or failing to
do an act from which material damage results by
Qualifying Circumstance: When the
reason of inexcusable lack of precaution on the
offender fails to lend help to the injured parties
part of the person performing or failing to
perform such act, taking into consideration his
employment or occupation, degree of
intelligence, physical condition and other - END OF BOOK TWO-
circumstances regarding persons, time and
place.

ELEMENTS:
1) That the offender does or fails to do an
act.
2) That the doing of or the failure to do that
act is in voluntary.

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