CRIMINAL LAW BOOK 2 REVIEWER
ATENEO CENTRAL BAR OPERATIONS 2001
TITLE ONE
CRIMES AGAINST NATIONAL SECURITY
AND THE LAWS OF NATIONS
CHAPTER 1: CRIMES AGAINST NATIONAL
SECURITY
Section 1 Treason and espionage
Art. 114. Treason Any person who, owing
allegiance to (the United States or) the Government of
the Philippine Islands, not being foreigner, levies war
against them or adheres to their enemies, giving them
aid or comfort within the Philippine Islands or
elsewhere, shall be punished by reclusion temporal to
death and shall pay a fine not to exceed P20,000
pesos.
No person shall be convicted of treason unless on the
testimony of two witnesses at least to the same overt
act or on confession of the accused in open court.
Likewise, an alien, residing in the Philippine Islands,
who commits acts of treason as defined in par. 1 of
this Art. Shall be punished by prision mayor to death
and shall pay a fine not to exceed P20, 000 pesos.
(As amended by E.O No. 44, May 31, 1945)
ELEMENTS:
1. That the offender owes allegiance to the
Government of the Philippines
2. That there is a war in which the Philippines
is involved
3. That the offender either
1) Levies war against the government,
a)breech of allegiance
b)actual assembling of men
c)for the purpose of executing a
reasonable design
d)adherence
e)giving aid or comfort to the enemy
2) Adheres to the enemies, giving them
aid and comfort
WAYS OF PROVING TREASON:
1. 2 witnesses testifying to same overt act
Example:
X saw arms landed in La Union and loaded
into a motor vehicle. At this stage, its not
sufficient to convict yet. Y later saw the arms
unloaded in a warehouse. Will X + Y be
sufficient witnesses to convict?
Answer: NO. Because the law requires that 2
witnesses see the SAME OVERT ACT.
1
2. Confession of the accused in open court.
Arraignment, pre-trial, trial OK.
a)If he has pleaded NOT guilty already
during arraignment, he can still
confess in open court by stating the
particular acts constituting treason.
b)During trial, simply saying Im guilty is
not enough.
c)Withdrawing plea of not guilty during
arraignment not necessary
d)If during arraignment he pleads guilty,
court will ask if the accused
understands is plea. Submission of
affidavit during trial, even if assisted
by counsel is not enough.
Treason: breach of allegiance to the
government, committed by a person who
owes allegiance to it. Allegiance: obligation
of fidelity and obedience. It is permanent or
temporary depending on whether the
person is a citizen or an alien.
Evident premeditation, superior strength
and treachery are circumstances inherent in
treason, and are, therefore, not aggravating.
Treason cannot be committed in times of
peace, only in times of war actual
hostilities. But no need for declaration of
war
Levying of war: a) that there be an actual
assembling of men; b) for the purpose of
executing a treasonable design by force
(deliver the country in whole or in part to the
enemy)
NOT TREASONOUS:
1. Acceptance of public office and discharge
of official duties under the enemy does
not constitute per se the felony of treason
(exception: when it is policy determining)
2. Serving in a puppet government
(ministerial functions) and in order to
serve the populace is NOT treasonous.
But it is treason if: a) there is discretion
involved; b) inflicts harm on Filipinos; c) it
is disadvantageous to them.
3. Purpose of offender: to deliver the
Philippines to enemy country; if merely to
change officials not treason
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ATENEO CENTRAL BAR OPERATIONS 2001
4. Filipino citizens can commit treason
outside the Philippines. But that of an
alien must be committed in the
Philippines.
5. Only Filipino citizens or permanent resident
aliens can be held liable
6. Alien: with permanent resident status from
the BID it is neither the length of stay in
the Philippines nor the marriage with a
Filipino that matters.
ON CITIZENSHIP
Treason cannot be proved by circumstantial
evidence or by extra-judicial confession of
the accused
Actual hostilities may determine the date of
the commencement of war
No such thing as attempted treason; mere
attempt consummates the crime
Giving aid or comfort material element,
enhances forces of the enemy country. Acts
which strengthen or tend to strengthen the
enemy in the conduct of war against the
traitors country or that which weaken and
tend to weaken the power of the same.
Example:
Financing arms procurement of enemy
country. But giving of shelter is not
necessarily giving aid and comfort.
Adherence and giving aid or comfort must
concur together. Adherence: when a citizen
intellectually or emotionally favors the
enemy and harbors convictions disloyal to
his countrys policy. But membership in the
police force during the occupation is NOT
treason.
Example: Giving information to, or
commandeering foodstuffs for the enemy.
Adherence may be proved by: (1) one
witness; (2) from the nature of the act itself;
(3) from the circumstances surrounding the
act.
Treason is a CONTINUING CRIME. Even
after the war, offender can be prosecuted.
If you convict a person for treason by
reason of irresistible force or uncontrollable
fear, you may use Art.12. No treason
through negligence
2
When killings and other common crimes are
charged as overt act of treason, they cannot
be regarded as (1) separate crimes or (2) as
complex with treason.
Art. 115. Conspiracy and proposal to commit
treason; Penalty The conspiracy or proposal to
commit the crime of treason shall be punished
respectively, by prision mayor and a fine not
exceeding P10,000 pesos, and prision correccional
and a fine not exceeding P5,000 pesos.
ELEMENTS conspiracy to commit treason:
1. In time of war
2. 2 or more persons come to an agreement
to
levy war against the government, or
adhere to the enemies and to give them
aid or comfort,
3. They decide to commit it
ELEMENTS of proposal to commit treason:
1. In time of war
2. A person who has decided to levy war
against the government, or to adhere to
the enemies and to give them aid or
comfort, proposes its execution to some
other person/s.
Mere agreement and decisions to commit
treason is punishable
Mere proposal even without acceptance
is punishable too. If the other accepts,
it is already conspiracy.
Art. 116. Misprision of treason Every person
owing allegiance to (the United States) the
Government of the Philippine Islands, without being a
foreigner, and having knowledge of any conspiracy
against them, conceals or does not disclose and
make known the same, as soon as possible to the
governor or fiscal of the province, or the mayor or
fiscal of the city in which he resides, as the case may
be, shall be punished as an accessory to the crime 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 governor or fiscal of the
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ATENEO CENTRAL BAR OPERATIONS 2001
province or the mayor or fiscal of the city
in which he resides
Offender is punished as an accessory to the
crime of treason
This crime does not apply if the crime of
treason is already committed
Crime of omission
To report within a reasonable time
depends on time, place and circumstance
the RPC did not fix time.
RPC states 4 individuals, what if you report
to some other high-ranking government
official? Ex. PNP Director? Judge Pimentel
says any govt official of the DILG is OK.
Art. 117. Espionage The penalty of prision
correccional shall be inflicted upon any person who:
1. Without authority therefor, enters a warship,
fort, or naval or military establishment or
reservation to obtain any information, plans,
photographs, or other data of a confidential
nature relative to the defense of the
Philippine Archipelago; or
2. Being in possession, by reason of public
office he holds, of the articles, data, or
information referred to in the preceding par.,
discloses their contents to a representative
of a foreign nation.
The penalty next higher in degree shall be imposed if
the offender be a public officer or employee.
ELEMENTS OF PAR. 1:
1. That the offender enters any of the places
mentioned therein
2. That he has no authority therefore;
3. That his purpose is to obtain information,
plans, photographs or other data of a
confidential nature relative to the defense
of the Philippines
ELEMENTS PAR. 2:
1. That the offender is a public officer
2. That he has in his possession the articles,
data or information referred to in par 1 of
art 117, by reason of the public office he
holds
3. That he discloses their contents to a
representative of a foreign nation
Purpose: to gather data
Espionage: the offense of gathering,
transmitting, or losing information respecting
the national defense with the intent or
reason to believe that the information is to
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be used to the injury of the Philippines or
the advantage of any foreign nation. It is
not conditioned on citizenship.
Not necessary that Philippines is at war with
the country to which the information was
revealed. What is important is that the
information related is connected with the
defense system of the Philippines.
Wiretapping is NOT espionage if the
purpose is not something connected with
the defense
See CA 616
Section 2 Provoking war and disloyalty in case of
war
Art. 118. Inciting to war or giving motives for
reprisals The penalty of reclusion temporal shall be
imposed upon any public officer or employee, and
that of prision mayor upon any private individual, who,
by unlawful or unauthorized acts provokes or gives
occasion for a war involving or liable to involve the
Philippine Islands or exposes Filipino citizens to
reprisals on their persons or property.
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
Philippines or expose Filipino citizens to
reprisals on their persons or property
Crime is committed in time of peace, intent
is immaterial
Inciting to war offender is any person
Reprisals is not limited to military action, it
could be economic reprisals, or denial of
entry into their country.
Example. X burns Chinese flag. If China bans
the entry of Filipinos into China, that is
already reprisal.
Art. 119. Violation of neutrality The penalty of
prision correccional shall be inflicted upon anyone
who, on the occasion of a war in which the
Government is not involved, violates any regulation
issued by competent authority for the purpose of
enforcing neutrality.
ELEMENTS:
1. That there is war in which the Philippines is
not involved
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ATENEO CENTRAL BAR OPERATIONS 2001
2. That there is a regulation issued by
competent authority for the purpose of
enforcing neutrality
3. That the offender violates such regulation
Govt must have declared the neutrality of
the Phil in a war between 2 other countries
It is neutrality of the Phil that is violated
Congress has the right to declare neutrality
Art. 120. Correspondence with hostile country
Any person who in time of war, shall have
correspondence with an enemy country or territory
occupied by enemy troops shall be punished:
1. By prision correccional, if the
correspondence has been prohibited by the
Government;
2. By prision mayor, if such correspondence be
carried on in ciphers or conventional signs;
and
3. By reclusion temporal, if notice or
information be given thereby which might be
useful to the enemy. If the offender intended
to aid the enemy by giving such notice or
information, he shall suffer the penalty of
reclusion temporal to death.
ELEMENTS:
1. That it is in time of war in which the
Philippines is involved
2. That the offender makes correspondence
with an enemy country or territory
occupied by enemy troops
3. That the correspondence is either
a)prohibited by the government, or
b)carried on in ciphers or conventional
signs, or
c)containing notice or information which
might be useful to the enemy
Circumstances qualifying the offense:
a. notice or information might be useful to the
enemy
b. offender intended to aid the enemy
Hostile country exist only during hostilities
or after the declaration of war
Correspondence to enemy country
correspondence to officials of enemy
country even if related to you.
It is not correspondence with private
individual in enemy country
If ciphers were used, no need for prohibition
4
If ciphers were not used, there is a need for
prohibition
In any case, it must be correspondence with
the enemy country
Doesnt matter if correspondence contains
innocent matters if prohibited, punishable
Art. 121. Flight to enemy country The penalty of
arresto mayor shall be inflicted upon any person who,
owing allegiance to the Government, attempts to flee
or go to an enemy country when prohibited by
competent authority.
ELEMENTS:
1. That there is a war in which the Philippines
is involved
2. That the offender (Filipino or resident alien)
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 competent authority
Mere attempt consummates the crime
There must be a prohibition. If none, even if
went to enemy country no violation
Alien resident may be guilty here.
Section 3 Piracy and mutiny on the high seas
Art. 122. Piracy in general and mutiny on the high
seas The penalty of reclusion temporal shall be
inflicted upon any person who, on the high seas, shall
attack or seize a vessel or, not being a member of its
complement nor a passenger, shall seize the whole or
part of the cargo of said vessel, its equipment, or
personal belongings of its complement or passengers.
The same penalty shall be inflicted in case of mutiny
on the high seas.
ELEMENTS:
1. That a vessel is on the high seas/Philippine
waters
2. That the offenders are not members of its
complement or passengers of the vessel
3. That the offenders
a)attack or seize that vessel or (hence, if
committed by crew or passengers, the
crime is not piracy but robbery in the
high seas)
b)seize the whole or part of the cargo of
said vessel, its equipment or personal
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belongings of its complement or

passengers Parricide/infanticide should be included
(Judge Pimentel)
2 WAYS OF COMMITTING PIRACY: Note the new rape law. Death is imposed in
1. By attacking or seizing a vessel on the high certain types of rape
seas or in the Philippine waters (PD 532) There is a conflict between this provision
2. By seizing the whole or part of the cargo of and the provision on rape. Ex. If rape is
said vehicles, its equipment or personal committed on someone below 7 death
belongings of its complement or under the new rape law. But if rape
passengers committed on someone below 7 during the
time of piracy RP to death. Irreconcilable.
High seas: any waters on the sea coast Murder/rape/homicide/physical injuries must
which are without the boundaries of the low have been committed on the passengers or
water mark although such waters may be in complement
the jurisdictional limits of a foreign govt
PD 532 has been already repealed
Piracy in high seas jurisdiction is with any TITLE TWO
court where offenders are found or arrested CRIMES AGAINST THE FUNDAMENTAL
Piracy in internal waters jurisdiction is only LAWS OF THE STATE
with Philippine courts
For purpose of Anti-Fencing Law, piracy is CHAPTER 1: ARBITRARY DETENTION OR
part of robbery and theft EXPULSION, VIOLATION OF DWELLING,
Piracy Mutiny PROHIBITION, INTERRUPTION, AND DISSOLUTION
Robbery or forcible Unlawful resistance to a OF PEACEFUL MEETINGS AND CRIMES AGAINST
degradation on the high superior officer, or the RELIGIOUS WORSHIP
seas, without lawful raising of commotion and
authority and done with disturbances on board a Classes of Arbitrary Detention:
animo furandi and in the ship against the authority of
1. By detaining a person without legal ground
spirit and intention of its commander
universal hostility. 2. Delay in the delivery of detained persons to
Intent to gain is an the proper judicial authorities
element. 3. Delaying release
Attack from outside. Attack from the inside.
Offenders are strangers to Section 1 - Arbitrary detention and expulsion
the vessel. (this is the
standing rule with the Art. 124. Arbitrary detention Any public officer or
repeal of PD 532 which employee who, without legal grounds, detains a
made it possible for any person, shall suffer;
person to commit piracy 1. The penalty of arresto mayor in its maximum
including a passenger or period to prision correccional in its minimum
complement of the period, if the detention has not exceeded
vessel). three days;
2. The penalty of prision correccional in its
Art. 123. Qualified piracy The penalty of reclusion medium and maximum periods, if the
temporal to death shall be imposed upon those who detention has continued more than three but
commit any of the crimes referred to in the preceding not more than fifteen days;
article, under any of the following circumstances: 3. The penalty of prision mayor, if the detention
1. Whenever they have seized a vessel by has continued for more than fifteen days but
boarding or firing upon the same; not more than six months; and
2. Whenever the pirates have abandoned their 4. That of reclusion temporal, if the detention
victims without means of saving themselves; shall have exceeded six months.
or The commission of a crime, or violent insanity or any
3. Whenever the crime is accompanied by other ailment requiring the compulsory confinement of
murder, homicide, physical injuries or rape. the patient in a hospital, shall be considered legal
grounds for the detention of any person.
The above may result to qualified mutiny.
ELEMENTS:
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1. That the offender is a public officer or
employee (whose official duties include
the authority to make an arrest and detain
persons; jurisdiction to maintain peace
and order).
2. That he detains a person (actual restraint).
3. That the detention was without legal
grounds (cannot be committed if with
warrant).
Detention: when a person is placed in
confinement or there is a restraint on his
person.
Though the elements specify that the
offender be a public officer or employee,
private individuals who conspire with public
officers can also be liable.
Legal grounds for the detention of any
person:
a. commission of a crime
b. violent insanity or other ailment
requiring compulsory confinement of
the patient in a hospital
Without legal grounds:
a. he has not committed any crime or no
reasonable ground of suspicion that
he has committed a crime
b. not suffering from violent insanity or
any other ailment requiring
compulsory confinement in a hospital
Know grounds for warrantless arrest:
a. Crime is about to be, is being, has
been committed
b. Officer must have reasonable
knowledge that the person probably
committed the crime
For escaped prisoner no need for warrant
Rolito Go v. CA is an example of arbitrary
detention (Judge Pimentel)
Example: Y was killed by unknown assailant.
Officers got a tip and arrested X. X voluntarily
admitted to the officers that he did it although
he was not asked. X was detained
immediately. According to the SC, there was
NO arbitrary detention. Why? Because once
X made a confession, the officers had a right
to arrest him.
Continuing crime is different from a
continuous crime
6
Ramos v. Enrile: Rebels later on retire.
According to the SC, once you have
committed rebellion and have not been
punished or amnestied, then the rebels
continue to engage in rebellion, unless the
rebels renounce his affiliation. Arrest can be
made without a warrant because this is a
continuing crime.
Art. 125. Delay in the delivery of detained persons
to the proper judicial authorities The penalties
provided in the next preceding article shall be
imposed upon the public officer or employee who
shall detain any person for some legal ground and
shall fail to deliver such person to the proper judicial
authorities within the period of; twelve (12) hours, for
crimes or offenses punishable by light penalties, or
their equivalent; eighteen (18) hours, for crimes or
offenses punishable by correctional penalties, or their
equivalent and thirty-six (36) hours, for crimes, or
offenses punishable by afflictive or capital penalties,
or their equivalent.
In every case, the person detained shall be informed
of the cause of his detention and shall be allowed
upon his request, to communicate and confer at any
time with his attorney or counsel. (As amended by
E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25,
1987, respectively).
ELEMENTS:
1. That the offender is a public officer or
employee
2. That he has detained a person for some
legal grounds
3. That he fails to deliver such person to the
proper judicial authority within:
a)12 hours, if detained for
crimes/offenses punishable by light
penalties, or their equivalent
b)18 hours, for crimes/offenses
punishable by correctional penalties,
or their equivalent or
c)36 hours, for crimes/offenses
punishable by capital punishment or
afflictive penalties, or their equivalent
Really means delay in filing necessary
information or charging of person detained
in court. May be waived if a preliminary
investigation is asked for.
Does not contemplate actual physical
delivery but at least there must be a
complaint filed. Duty complied with upon the
filing of the complaint with the judicial
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authority (courts, prosecutors though
technically not a judicial authority, for
purposes of this article, hes considered as
one.)
The filing of the information in court does
not cure illegality of detention. Neither does
it affect the legality of the confinement under
process issued by the court.
To escape from this, officers usually ask
accused to execute a waiver which should
be under oath and with assistance of
counsel. Such waiver is not violative of the
accused constitutional right.
What is length of waiver? Light offense 5
days. Serious and less serious offenses 7
to 10 days. (Judge Pimentel)
Article does not apply when arrest is via a
warrant of arrest
If offender is a private person, crime is
illegal detention
Arbitrary Detention (124) Delay in Delivery of
Detained (125)
Detention is illegal from the Detention is legal in the
beginning. beginning, but illegality
starts from the expiration of
the specified periods
without the persons
detained having been
delivered to the proper
judicial authority.
Art. 126. Delaying release The penalties provided
for in Article 124 shall be imposed upon any public
officer or employee who delays for the period of time
specified therein the performance of any judicial or
executive order for the release of a prisoner or
detention prisoner, or unduly delays the service of the
notice of such order to said prisoner or the
proceedings upon any petition for the liberation of
such person.
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:
a)the service of the notice of such order
to the prisoner, or
7
b)the performance of such judicial or
executive order for the release of the
prisoner, or
c)the proceedings upon a petition for the
release of such person
Three acts are punishable:
a)delaying the performance of a judicial or
executive order for the release of a
prisoner
b)delaying the service of notice of such
order to said prisoner
c)delaying the proceedings upon any
petition for the liberation of such person
Wardens and jailers are the persons most
likely to violate this provision
Provision does not include legislation
Art. 127. Expulsion The penalty of prision
correccional shall be imposed upon any public officer
or employee who, not being thereunto authorized by
law, shall expel any person from the Philippine
Islands or shall compel such person to change his
residence.
ELEMENTS:
1. That the offender is a public officer or
employee
2. That he expels any person from the
Philippines, or compels a person to
change his residence
3. That the offender is not authorized to do so
by law
2 ACTS PUNISHABLE:
a)by expelling a person from the Philippines
b)by compelling a person to change his
residence
(The crime of expulsion absorbs that of grave
coercion. If done by a private person, will
amount to grave coercion)
i.e.,Villavicencio v. Lukban: prostitutes case
Does not include undesirable aliens;
destierro; or when sent to prison
If X (Filipino) after he voluntarily left, is
refused re-entry is considered forcing him
to change his address here
Threat to national security is not a ground to
expel or change his address.
Section 2 Violation of domicile
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Art. 128. Violation of domicile The penalty of
prision correccional in its minimum period shall be
imposed upon any public officer or employee who, not
being authorized by judicial order, shall enter any
dwelling against the will of the owner thereof, search
papers or other effects found therein without the
previous consent of such owner, or having
surreptitiously entered said dwelling, and being
required to leave the premises, shall refuse to do so.
If the offense be committed in the night-time, or if any
papers or effects not constituting evidence of a crime
be not returned immediately after the search made by
the offender, the penalty shall be prision correccional
in its medium and maximum periods.
ELEMENTS:
1. That the offender is a public officer or
employee
2. That he is not authorized by judicial order
to enter the dwelling and/or to make a
search therein for papers or other effects
3. That he commits any of the following acts:
a)entering any dwelling against the will of
the owner thereof
b)searching papers or other effects found
therein without the previous consent
of such owner
c)refusing to leave the premises, after
having surreptitiously entered said
dwelling and after having been
required to leave the same
Aggravating Circumstance (medium and
maximum of penalty imposed):
a. offense committed at nighttime
b. papers or effects not constituting
evidence of a crime be not returned
immediately
If the offender who enters the dwelling
against the will of the owner thereof is a
private individual, the crime committed is
trespass to dwelling (Art 280)
When a public officer searched a person
outside his dwelling without a search
warrant and such person is not legally
arrested for an offense, the crime committed
by the public officer is grave coercion, if
violence or intimidation is used (Art 286), or
unjust vexation, if there is no violence or
intimidation (Art 287)
A public officer without a search warrant
cannot lawfully enter the dwelling against
8
the will of the owner, even if he knew that
someone in that dwelling is having unlawful
possession of opium
3 acts punishable:
a. person enters dwelling w/o consent or
against the will
b. person enters and searches for papers
and effects
c. person entered secretly and refuses to
leave after being asked to
Being authorized by law means with
search warrant, save himself or do some
things good for humanity
There must be expression that entry is
denied or that he is asked to leave
Papers and effects need not be part of a
crime.
Art. 129. Search warrants maliciously obtained
and abuse in the service of those legally obtained
In addition to the liability attaching to the offender
for the commission of any other offense, the penalty
of arresto mayor in its maximum period to prision
correccional in its minimum period and a fine not
exceeding P1,000 pesos shall be imposed upon any
public officer or employee who shall procure a search
warrant without just cause, or, having legally procured
the same, shall exceed his authority or use
unnecessary severity in executing the same.
ELEMENTS of search warrants maliciously
obtained:
1. That the offender is a public officer or
employee
2. That he procures a search warrant
3. That there is no just cause
ELEMENTS of abuse in the service of those
legally obtained:
1.That the offender is a public officer or
employee
2.That he has legally procured a search
warrant
3.That he exceeds his authority or uses
unnecessary severity in executing the
same
Search warrant is valid for 10 days from its
date
Search warrant is an order in writing issued
in the name of the People, signed by the
judge and directed to a public officer,
commanding him to search for personal
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property described therein and bring it
before the court
No just cause warrant is unjustified
Search limited to what is described in the
warrant, all details must be with particularity
Malicious warrant. Example. X was a
respondent of a search warrant for illegal
possession of firearms. A return was made.
The gun did not belong to X and the witness
had no personal knowledge that there is a
gun in that place.
Abuse examples:
X owner was handcuffed while search
was going-on.
Tank was used to ram gate prior to
announcement that a search will be
made
Persons who were not respondents were
searched
Art. 130. Searching domicile without witnesses
The penalty of arresto mayor in its medium and
maximum periods shall be imposed upon a public
officer or employee who, in cases where a search is
proper, shall search the domicile, papers or other
belongings of any person, in the absence of the latter,
any member of his family, or in their default, without
the presence of two witnesses residing in the same
locality.
ELEMENTS:
1. That the offender is a public officer or
employee
2. That he is armed with a search warrant
legally procured
3. That he searches the domicile, papers or
other belongings of any person
4. That the owner, or any member of his
family, or two witnesses residing in the
same locality are not present
Order of those who must witness the
search:
a. Homeowner
b. Members of the family of sufficient age
and discretion
c. Responsible members of the
community (cant be influenced by the
searching party)
Validity of the search warrant can be
questioned only in 2 courts: where issued or
where the case is pending. Latter is
preferred for objective determination.
9
Section 3 - Prohibition, interruption and dissolution
of peaceful meetings
Art. 131. Prohibition, interruption and dissolution
of peaceful meetings The penalty of prision
correccional in its minimum period shall be imposed
upon any public officer or employee who, without
legal ground, shall prohibit or interrupt the holding of a
peaceful meeting, or shall dissolve the same.
The same penalty shall be imposed upon a public
officer or employee who shall hinder any person from
joining any lawful association or from attending any of
its meetings.
The same penalty shall be imposed upon any public
officer or employee who shall prohibit or hinder any
person from addressing, either alone or together with
others, any petition to the authorities for the correction
of abuses or redress of grievances.
ELEMENTS:
1. Offender is a public officer or employee
2. He performs any of the ff. acts:
a)prohibiting or interrupting, without legal
ground the holding of a peaceful meeting,
or dissolving the same (e.g. denial of
permit in arbitrary manner).
b)hindering any person from joining any
lawful association or from attending any
of its meetings
c)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
If the offender is a private individual, the
crime is disturbance of public order (Art
153)
Meeting must be peaceful and there is no
legal ground for prohibiting, dissolving or
interrupting that meeting
Meeting is subject to regulation
Offender must be a stranger, not a
participant, in the peaceful meeting;
otherwise, its unjust vexation
Interrupting and dissolving a meeting of the
municipal council by a public officer is a
crime against the legislative body, not
punishable under this article
The person talking on a prohibited subject
at a public meeting contrary to agreement
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that no speaker should touch on politics When priest is solemnizing marriage, he is a

may be stopped person in authority, although in other cases,
But stopping the speaker who was attacking hes not.
certain churches in public meeting is a
violation of this article Art. 133. Offending the religious feelings The
penalty of arresto mayor in its maximum period to
Prohibition must be without lawful cause or
prision correccional in its minimum period shall be
without lawful authority imposed upon anyone who, in a place devoted to
Those holding peaceful meetings must religious worship or during the celebration of any
comply with local ordinances. Example: religious ceremony shall perform acts notoriously
Ordinance requires permits for meetings in offensive to the feelings of the faithful.
public places. But if police stops a meeting ELEMENTS:
in a private place because theres no permit, 1. That the acts complained of were
officer is liable for stopping the meeting. performed
a)in a place devoted to religious feelings,
Section 4 Crimes against religious worship or (for this element, no need of
religious ceremony, only the place is
Art. 132. Interruption of religious worship The material)
penalty of prision correccional in its minimum period b)during the celebration of any religious
shall be imposed upon any public officer or employee
ceremony
who shall prevent or disturb the ceremonies or
manifestations of any religion 2. That the acts must be notoriously offensive
to the feelings of the faithful (deliberate
If the crime shall have been committed with violence intent to hurt the feelings)
or threats, the penalty shall be prision correccional in 3. The offender is any person
its medium and maximum periods.
4. There is a deliberate intent to hurt the
ELEMENTS:
feelings of the faithful, directed against
1. That the officer is a public officer or
religious tenet
employee
2. That religious ceremonies or
If in a place devoted to religious purpose,
manifestations of any religion are about to
there is no need for an ongoing religious
take place or are going on
ceremony
3. That the offender prevents or disturbs the
Example of religious ceremony (acts
same
performed outside the church). Processions
and special prayers for burying dead
Circumstance qualifying the offense: if
persons but NOT prayer rallies
committed with violence or threats
Acts must be directed against religious
Reading of Bible and then attacking certain
practice or dogma or ritual for the purpose
churches in a public plaza is not a
of ridicule, as mocking or scoffing or
ceremony or manifestation of religion, but
attempting to damage an object of religious
only a meeting of a religious sect. But if
veneration
done in a private home, its a religious
There must be deliberate intent to hurt the
service
feelings of the faithful, mere arrogance or
Religious Worship: people in the act of
rudeness is not enough.
performing religious rites for a religious
Crime Nature of Who are If element
ceremony; a manifestation of religion. Ex. crime liable missing
Mass, baptism, marriage Prohibition, Crime against Public If not by
X, a private person, boxed a priest while the Interruption the officers, public officer
priest was giving homily and while the latter and fundamental Outsiders = tumults
Dissolution law of the
was maligning a relative of X. Is X liable? X of Peaceful state
may be liable under Art 133 because X is a Meeting
private person. (131)
Interruption Crime against Public If by insider =
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of Religious the officers, unjust 1. promotes

Worship fundamental Outsiders vexation 2. maintains, or
(132) law of the If not
state religious =
3. heads a rebellion or insurrection; or
tumult or B. Any person who, while holding any public
alarms office or employment, takes part therein
If not by:
notoriously 1. engaging in war against the forces of
offensive =
unjust the government
vexation 2. destroying property or committing
Offending Crime against Public If not tumults serious violence
the Religious public order officers, = alarms and 3. exacting contributions or diverting
Feeling (133) private scandal public funds from the lawful purpose
persons, If meeting
outsiders illegal at
for which they have been appropriated
onset = (Note: diverting public funds is
inciting to malversation absorbed in rebellion);
sedition or C. Any person merely participating or
rebellion
executing the command of others in
rebellion
TITLE THREE
CRIMES AGAINST PUBLIC ORDER Success is immaterial, purpose is always
political
CHAPTER 1: REBELLION, SEDITION AND Rebellion used where the object of the
DISLOYALTY
movement is completely to overthrow and
Art. 134. Rebellion or insurrection; How supersede the existing government
committed The crime of rebellion or insurrection is Insurrection refers to a movement which
committed by rising publicly and taking arms against seeks merely to effect some change of
the Government for the purpose of removing from the
allegiance to said Government or its laws, the territory minor importance to prevent the exercise of
of the Philippine Islands or any part thereof, of any govt authority w/ respect to particular
body of land, naval or other armed forces, depriving matters or subjects
the Chief Executive or the Legislature, wholly or Actual clash of arms w/ the forces of the
partially, of any of their powers or prerogatives. (As
amended by R.A. 6968).
govt, not necessary to convict the accused
ELEMENTS: who is in conspiracy w/ others actually
1. That there be taking arms against the govt
a)public uprising and Purpose of the uprising must be shown but
b)taking arms against the government it is not necessary that it be accomplished
(force/violence) A change of government w/o external
2. That the purpose of the uprising or participation
movement is either RISING PUBLICLY and TAKING ARMS
a)to remove from the allegiance to said AGAINST GOVERNMENT actual
government or its laws participation. If there is no public uprising,
the territory of the Philippines or the crime is of direct assault.
any part thereof, or Mere giving of aid or comfort is not criminal
any body of land, naval or other in the case of rebellion. Merely
armed forces, or sympathizing is not participation, there must
b)to deprive the chief executive or be ACTUAL participation
congress, wholly or partially, of any of Not necessary that there is killing, mere
their powers or prerogatives threat of removing Phil is sufficient
Rebellion cannot be complexed with any
PERSONS LIABLE FOR REBELLION other crime. However, illegal possession of
A. Any person who: firearms in furtherance of rebellion is distinct
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from the crime of rebellion. Furthermore, it holding any public office or

is a continuing crime such along with the employment; with or without civilian
crime of conspiracy or proposal to commit support or participation
such 8. With or without civilian support or
A private crime may be committed during participation
rebellion. Examples: killing, possessions of 9. Purpose of seizing or diminishing state
firearms, illegal association are absorbed. power
Rape, even if not in furtherance of rebellion
cannot be complexed Crime may be committed by a single
If killing, robbing were done for private person, any government employee and
purposes or for profit, without any political even by civilian
motivation, the crime would be separately Taking up of arms not even necessary, what
be punished and would not be embraced by is important is violence, threat, intimidation,
rebellion (People v. Fernando) strategy or stealth
Read People v. Hernandez and Enrile v. Treason Rebellion Coup Sedition
Salazar (114) (134) detat (139)
(134-A)
Person deemed leader of rebellion in case Nature Crime Crime Crime Crime
he is unknown: of Crime against against against against
Any person who in fact: National Public Public Public Order
a)directed the others Security Order Order
b)spoke for them Overt levying Public See article. Rising
acts war uprising publicly or
c)signed receipts and other documents against AND tumultuously
issued in their name the govt; Taking up (caused by
d)performed similar acts on behalf of the OR arms more than 3
rebels adherence against armed men
and giving the govt or provided
aid or with means
Article 134-A. Coup d'etat; How committed The
comfort to of violence)
crime of coup d'etat is a swift attack accompanied by
enemies
violence, intimidation, threat, strategy or stealth,
directed against duly constituted authorities of the Purpose Deliver the See Seizing or See
Republic of the Philippines, or any military camp or of govt to article. diminishing enumeration
installation, communications network, public utilities or objective enemy state in article.
other facilities needed for the exercise and continued during war power.
possession of power, singly or simultaneously carried
out anywhere in the Philippines by any person or Art. 135. Penalty for rebellion, insurrection or
persons, belonging to the military or police or holding coupdetat Any person who promotes, maintains,
any public office of employment with or without civilian or heads rebellion or insurrection shall suffer the
support or participation for the purpose of seizing or penalty of reclusion perpetua.
diminishing state power. (As amended by R.A. 6968).
ELEMENTS: Any person merely participating or executing the
1. Swift attack commands of others in a rebellion shall suffer the
penalty of reclusion temporal.
2. Accompanied by violence, intimidation,
threat, strategy or stealth Any persons who leads or in any manner directs or
3. Directed against: commands others to undertake a coupdetat shall
4. duly constituted authorities suffer the penalty of reclusion perpetua.
5. any military camp or installation Any person in the government service who
6. communication networks or public utilities participates, or executes directions or commands of
other facilities needed for the exercise others in undertaking a coupdetat shall suffer the
and continued possession of power penalty of prision mayor in its maximum period.
7. Singly or simultaneously carried out
Any person not in the government service who
anywhere in the Philippines participates, in any manner supports, finances, abets
- Committed by any person or persons or aids in undertaking a coupdetat shall suffer the
belonging to the military or police or penalty of reclusion temporal in its maximum period.
12
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When the rebellion, insurrection, or coupdetat shall
be under the command of unknown leaders, any
person who in fact directed the others, spoke for
them, signed receipts and other documents issued in
their name, as performed similar acts, on behalf or the
rebels shall be deemed a leader of such a rebellion,
insurrection, or coupdetat. (As amended by RA
6968, approved on October 24, 1990).
WHO ARE LIABLE?
1. Any person who:
a)Promotes
b)Maintains
c)heads a rebellion or insurrection
d)engaging in war against the forces of
the govt
e)destroying property or committing
serious violence
f)exacting contributions or diverting public
funds from the lawful purpose for
which they have been appropriated
2. Any person who, while holding any public
office or employment, takes part therein
3. Any person merely participating or
executing the command of other in a
rebellion.
In Government Service Not in Government
Service
Anyone who leads, directs, Anyone who participates or
commands others to in an manner, supports,
undertake a coup. finances, abets, aids in a
coup.
Serious violence is that inflicted upon
civilians, which may result in homicide. It is
not limited to hostilities against the armed
force.
Diverting public funds is malversation
absorbed in rebellion
1. Public officer must take active part
because mere silence or omission not
punishable in rebellion
2. It is not a defense in rebellion that the
accused never took the oath of allegiance
to, or that they never recognized the
government
3. Rebellion cannot be complexed with
murder and other common crimes
committed in pursuance of the movement
to overthrow the government
4. Killing, robbing etc for private persons or
for profit, without any political motivation,
would be separately punished and would
not be absorbed in the rebellion.
13
Art. 136. Conspiracy and proposal to commit coup
d'etat, rebellion or insurrection The conspiracy
and proposal to commit coup d'etat shall be punished
by prision mayor in minimum period and a fine which
shall not exceed eight thousand pesos (P8,000.00).
The conspiracy and proposal to commit rebellion or
insurrection shall be punished respectively, by prision
correccional in its maximum period and a fine which
shall not exceed five thousand pesos (P5,000.00) and
by prision correccional in its medium period and a fine
not exceeding two thousand pesos (P2,000.00). (As
amended by R.A. 6968, approved October 24, 1990).
ELEMENTS of conspiracy to commit:
1. 2 more persons come to an agreement to
rise publicly and take arms against the
government
2. For any of the purposes of rebellion
3. They decide to commit it
ELEMENTS of proposal to commit:
1. A person who has decided to rise publicly
and take arms the government
2. For any of the purposes of rebellion
3. Proposes its execution to some other
person/s
Organizing a group of soldiers, soliciting
membership in, and soliciting funds for
the organization show conspiracy to
overthrow the govt
The mere fact of giving and rendering
speeches favoring Communism would not
make the accused guilty of conspiracy if
theres no evidence that the hearers then
and there agreed to rise up in arms
against the govt
Conspiracy must be immediately prior to
rebellion
If it is during the rebellion, then it is
already taking part in it.
Art. 137. Disloyalty of public officers or
employees The penalty of prision correccional in
its minimum period shall be imposed upon public
officers or employees who have failed to resist a
rebellion by all the means in their power, or shall
continue to discharge the duties of their offices under
the control of the rebels or shall accept appointment
to office under them. (Reinstated by E.O. No. 187).
ELEMENTS:
1. Failing to resist rebellion by all the means
in their power
CRIMINAL LAW BOOK 2 REVIEWER
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2. Continuing to discharge the duties of their
offices under the control of rebels
3. Accepting appointment to office under
rebels
Presupposes existence of rebellion
Must not be in conspiracy with rebels or
coup plotters
If there are means to prevent the rebellion
but did not resist it, then theres disloyalty. If
there are no means, no fault
If position is accepted in order to protect the
people, not covered by this
The collaborator must not have tried to
impose the wishes of the rebels of the
people.
Art. 138. Inciting a rebellion or insurrection The
penalty of prision mayor in its minimum period shall
be imposed upon any person who, without taking
arms or being in open hostility against the
Government, shall incite others to the execution of
any of the acts specified in article 134 of this Code, by
means of speeches, proclamations, writings,
emblems, banners or other representations tending to
the same end. (Reinstated by E.O. No. 187).
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 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
Intentionally calculated to seduce others to
rebellion
There must be uprising to take up arms and
rise publicly for the purposes indicated in Art
134
Proposal to Commit Inciting to Rebellion (138)
Rebellion (136)
The person who proposes Not required that the
has decided to commit offender has decided to
rebellion. commit rebellion.
The person who proposes The inciting is done
the execution of the crime publicly.
uses secret means.
Art. 139. Sedition; How committed The crime of
sedition is committed by persons who rise publicly
14
and tumultuously in order to attain by force,
intimidation, or by other means outside of legal
methods, any of the following objects:
1. To prevent the promulgation or execution of
any law or the holding of any popular
election;
2. To prevent the National Government, or any
provincial or municipal government or any
public officer thereof from freely exercising
its or his functions, or prevent the execution
of any administrative order;
3. To inflict any act of hate or revenge upon the
person or property of any public officer or
employee;
4. To commit, for any political or social end,
any act of hate or revenge against private
persons or any social class; and
5. To despoil, for any political or social end, any
person, municipality or province, or the
National Government (or the Government of
the United States), of all its property or any
part thereof.
ELEMENTS:
1. That the offenders rise
1) Publicly (if no public uprising = tumult
and other disturbance of public order)
2) Tumultuously (vis--vis rebellion
where there must be a taking of arms)
3) to prevent the promulgation or
execution of any law or the holding of
any popular election
4) to prevent the national government, or
any provincial or municipal
government, or any public thereof
from freely exercising its or his
functions, or prevent the execution of
any administrative order
5) to inflict any act or hate or revenge
upon the person or property of any
public officer or employee
6) to commit for any political or social
end, any act of hate or revenge
against private persons or any social
class (hence, even private persons
may be offended parties)
7) 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
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 following
objects:
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Sedition: raising of commotion or
disturbances in the State. Its ultimate object
is a violation of the public peace or at least
such measures that evidently engenders it.
Difference from rebellion object or
purpose of the surprising. For sedition
sufficient that uprising is tumultuous. In
rebellion there must be taking up of arms
against the government.
Sedition purpose may be either political or
social. In rebellion always political
Tumultuous caused by more than 3
persons who are armed or provided with
means of violence
Preventing public officers from freely
exercising their functions
In sedition offender may be a private or
public person (Ex. Soldier)
Public uprising and the object of sedition
must concur
Q: Are common crimes absorbed in
sedition? In P v. Umali, SC held that NO.
Crimes committed in that case were
independent of each other.
Preventing election through legal means
NOT sedition
But when sugar farmers demonstrated and
destroyed the properties of sugar barons
sedition
Persons liable for sedition:
a) leader of the sedition, and
b) other persons participating in the
sedition
Art. 140. Penalty for sedition The leader of a
sedition shall suffer the penalty of prision mayor in its
minimum period and a fine not exceeding 10,000
pesos.
Other persons participating therein shall suffer the
penalty of prision correccional in its maximum period
and a fine not exceeding 5,000 pesos. (Reinstated by
E.O. No. 187).
Art. 141. Conspiracy to commit sedition
Persons conspiring to commit the crime of sedition
shall be punished by prision correccional in its
medium period and a fine not exceeding 2,000 pesos.
(Reinstated by E.O. No. 187).
Art. 142. Inciting to sedition The penalty of
prision correccional in its maximum period and a fine
not exceeding 2,000 pesos shall be imposed upon
15
any person who, without taking any direct part in the
crime of sedition, should incite others to the
accomplishment of any of the acts which constitute
sedition, by means of speeches, proclamations,
writings, emblems, cartoons, banners, or other
representations tending to the same end, or upon any
person or persons who shall utter seditious words or
speeches, write, publish, or circulate scurrilous libels
against the Government (of the United States or the
Government of the Commonwealth) of the
Philippines, or any of the duly constituted authorities
thereof, or which tend to disturb or obstruct any lawful
officer in executing the functions of his office, or which
tend to instigate others to cabal and meet together for
unlawful purposes, or which suggest or incite
rebellious conspiracies or riots, or which lead or tend
to stir up the people against the lawful authorities or to
disturb the peace of the community, the safety and
order of the Government, or who shall knowingly
conceal such evil practices. (Reinstated by E.O. No.
187).
ELEMENTS:
1. That the offender does not take a
direct part in the crime of sedition
2. That he incites others to the
accomplishment of any of the acts which
constitute sedition (134)
3. That the inciting is done by means of
speeches, proclamations, writing, emblems,
cartoons, banners, or other representations
tending to the same end (purpose: cause
commotion not exactly against the
government; actual disturbance not
necessary)
Different acts of inciting to sedition:
1. Inciting others to the accomplishment of
any of the acts which constitute sedition
by means of speeches, proclamations,
writings, emblems etc.
2. Uttering seditious words or speeches
which tend to disturb the public peace or
writing, publishing, or circulating
scurrilous [vulgar, mean, libelous] libels
against the government or any of the duly
constituted authorities thereof, which tend
to disturb the public peace
3. Knowingly concealing such evil practices
WHEN PUNISHABLE:
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1. when they tend to disturb or obstruct any
lawful officer in executing the functions of
his office; or
2. when they tend to instigate others to cabal
and meet together for unlawful purposes
3. when they suggest or incite rebellious
conspiracies or riots; or
4. when they lead or tend to stir up the
people against the lawful authorities or to
disturb the peace of the community, the
safety and order of the government
CHAPTER 2: CRIMES AGAINST POPULAR
REPRESENTATION
Section 1 Crimes against legislative bodies ad
similar bodies
Art. 143. Act tending to prevent the meeting of the
Assembly and similar bodies The penalty of
prision correccional or a fine ranging from 200 to
2,000 pesos, or both, shall be imposed upon any
person who, by force or fraud, prevents the meeting
of the National Assembly (Congress of the
Philippines) or of any of its committees or
subcommittees, constitutional commissions or
committees or divisions thereof, or of any provincial
board or city or municipal council or board.
(Reinstated by E.O. No. 187).
ELEMENTS:
1. That there be a projected or actual
meeting of Congress or any of its
committees or subcommittees,
constitutional commissions or committees
or division thereof, or of any provincial
board or city or municipal council or board
2. That the offender who may be any
persons prevents such meeting by force
or fraud
Chief of Police and mayor who prevented
the meeting of the municipal council are
liable under Art 143, when the defect of the
meeting is not manifest and requires an
investigation before its existence can be
determined.
Art. 144. Disturbance of proceedings The
penalty of arresto mayor or a fine from 200 to 1,000
pesos shall be imposed upon any person who
disturbs the meetings of the National Assembly
(Congress of the Philippines) or of any of its
committees or subcommittees, constitutional
commissions or committees or divisions thereof, or of
16
any provincial board or city or municipal council or
board, or in the presence of any such bodies should
behave in such manner as to interrupt its proceedings
or to impair the respect due it. (Reinstated by E.O.
No. 187).
ELEMENTS:
1. That there be a meeting of Congress or
any of its committees, constitutional
commissions or committees or divisions
thereof, or of any provincial board or city
or municipal council or board
2. That the offender does any of the following
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
Complaint must be filed by member of the
Legislative body. Accused may also be
punished for contempt.
Section 2 Violation of parliamentary immunity
Art. 145. Violation of parliamentary immunity
The penalty of prision mayor shall be imposed upon
any person who shall use force, intimidation, threats,
or fraud to prevent any member of the National
Assembly (Congress of the Philippines) from
attending the meetings of the Assembly (Congress) or
of any of its committees or subcommittees,
constitutional commissions or committees or divisions
thereof, from expressing his opinions or casting his
vote; and the penalty of prision correccional shall be
imposed upon any public officer or employee who
shall, while the Assembly (Congress) is in regular or
special session, arrest or search any member thereof,
except in case such member has committed a crime
punishable under this Code by a penalty higher than
prision mayor.
ACTS PUNISHABLE:
1. By using force, intimidation, threats, or
frauds to prevent any member of
Congress from
a) attending the meeting of the assembly
or any of its committees, constitutional
commissions or committees or
divisions thereof, or from
b) expressing his opinions or
c) casting his vote
2. By arresting or searching any member
thereof while Congress is in a regular or
special session, except in case such
member has committed a crime
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punishable under the code by a penalty
higher than prision mayor
ELEMENTS:
1. That the offender is a public officer or
employee
2. That he arrests or searches any member of
Congress
3. That Congress, at the time of arrest or
search, is in a regular or special session
4. That the member searched has not
committed a crime punishable under the
code by a penalty higher than prision
mayor (1987 constitution: privilege from
arrest while congress in session in all
offenses punishable by not more than 6
years imprisonment).
Article partly inoperative because of the
1987 Constitution
CHAPTER 3: ILLEGAL ASSEMBLIES AND
ASSOCIATIONS
Art. 146. Illegal assemblies The penalty of prision
correccional in its maximum period to prision mayor in
its medium period shall be imposed upon the
organizers or leaders of any meeting attended by
armed persons for the purpose of committing any of
the crimes punishable under this Code, or of any
meeting in which the audience is incited to the
commission of the crime of treason, rebellion or
insurrection, sedition or assault upon a person in
authority or his agents. Persons merely present at
such meeting shall suffer the penalty of arresto
mayor, unless they are armed, in which case the
penalty shall be prision correccional.
If any person present at the meeting carries an
unlicensed firearm, it shall be presumed that the
purpose of said meeting, insofar as he is concerned,
is to commit acts punishable under this Code, and he
shall be considered a leader or organizer of the
meeting within the purview of the preceding
paragraph.
As used in this article, the word "meeting" shall be
understood to include a gathering or group, whether
in a fixed place or moving. (Reinstated by E.O. No.
187).
2 TYPES OF ILLEGAL ASSEMBLIES:
a. Meeting of the first form
1) meeting, gathering or group of
persons whether in a fixed place or
moving
17
2) purpose : to commit any of crimes
punishable under the code
3) meeting attended by armed persons
b. Meeting of the second form
1) Meeting, gathering or group of
persons whether in a fixed place or
moving
2) Audience whether armed or not, is
incited to the commission of the crime
of treason, rebellion or insurrection,
sedition or direct assault.
Not all the persons present at the meeting
of the first form of illegal assembly must be
armed
Persons liable for illegal assembly:
a. the organizers or leaders of the
meeting
b. persons merely present at the
meeting (except when presence is out
of curiosity not liable)
Responsibility of persons merely present at
the meeting:
a. if they are not armed, penalty is
arresto mayor
b. if they carry arms, like bolos or knives,
or licensed firearms, penalty is prision
correccional
Presumptions if person present at the
meeting carries an unlicensed firearm:
a. purpose of the meeting is to commit
acts punishable under the RPC
b. considered as leader or organizer of
the meeting
Art. 147. Illegal associations The penalty of
prision correccional in its minimum and medium
periods and a fine not exceeding 1,000 pesos shall be
imposed upon the founders, directors, and presidents
of associations totally or partially organized for the
purpose of committing any of the crimes punishable
under this Code or for some purpose contrary to
public morals. Mere members of said associations
shall suffer the penalty of arresto mayor. (Reinstated
by E.O. No. 187).
ELEMENTS:
1. Organized totally or partially for the
purpose of committing any of the crimes
in RPC
2. Or for some purpose contrary to public
morals
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PERSONS LIABLE:
1. founders, directors and president of the
association
2. mere members of the association
Illegal Assembly (146) Illegal Association (147)
Must be an actual meeting No need for such
of armed persons to commit
any of the crimes
punishable under the RPC,
or of individuals who,
although not armed, are
incited to the commission of
treason, rebellion, sedition
or assault upon a person in
authority of his agent.
It is the meeting and the Act of forming or
attendance at such that are organizing and
punished membership in the
association
Persons liable: leaders and Founders, directors,
those present president and members
CHAPTER 4: ASSAULT UPON, AND RESISTANCE
AND DISOBIDIENCE TO, PERSONS IN AUTHORITY
AND THEIR AGENTS
Art. 148. Direct assaults Any person or persons
who, without a public uprising, shall employ force or
intimidation for the attainment of any of the purpose
enumerated in defining the crimes of rebellion and
sedition, or shall attack, employ force, or seriously
intimidate or resist any person in authority or any of
his agents, while engaged in the performance of
official duties, or on occasion of such performance,
shall suffer the penalty of prision correccional in its
medium and maximum periods and a fine not
exceeding P1,000 pesos, when the assault is
committed with a weapon or when the offender is a
public officer or employee, or when the offender lays
hands upon a person in authority. If none of these
circumstances be present, the penalty of prision
correccional in its minimum period and a fine not
exceeding P500 pesos shall be imposed.
ELEMENTS of the 1st form:
1. That the offender employs force or
intimidation.
2. That the aim of the offender is to attain any
of the purposes of the crime of rebellion
or any of the objects of the crimes of
sedition. (victim need not be person in
authority)
3. That there is no public uprising.
ELEMENTS of the 2nd form:
1. That the offender (a) makes an attack, (b)
employs force, (c) makes a serious
18
intimidation, or (d) makes a serious
resistance.
2. That the person assaulted is a person in
authority or his agent.
3. That at the time of the assault the person
in authority or his agent (a) is engaged in
the actual performance of official duties
(motive is not essential), or that he is
assaulted (b) by reason of the past
performance of official duties (motive is
essential).
4. That the offender knows that the one he is
assaulting is a person in authority or his
agent in the exercise of his duties (with
intention to offend, injure or assault).
5. That there is no public uprising.
Always complexed with the material
consequence of the act (e.g. direct assault
with murder) except if resulting in a light
felony, in which case, the consequence is
absorbed
Hitting the policeman on the chest with fist
is not direct assault because if done against
an agent of a person in authority, the force
employed must be of serious character
The force employed need not be serious
when the offended party is a person in
authority (ex. Laying of hands)
The intimidation or resistance must be
serious whether the offended party is an
agent only or a person in authority (ex.
Pointing a gun)
Force Intimidation/resistance
employed
Person in Need not be Serious
Authority serious
Agent Must be of Serious
serious
character
Person in authority: any person directly
vested with jurisdiction (power or authority
to govern and execute the laws) whether as
an individual or as a member of some court
or governmental corporation, board or
commission
A barangay captain is a person in authority,
so is a Division Superintendent of schools,
President of Sanitary Division and a teacher
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Agent: is one 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.
(Example. Barrio councilman and any
person who comes to the aid of the person
in authority, policeman, municipal treasurer,
postmaster, sheriff, agents of the BIR,
Malacaang confidential agent)
Even when the person in authority or the
agent agrees to fight, still direct assault.
When the person in authority or the agent
provoked/attacked first, innocent party is
entitled to defend himself and cannot be
held liable for assault or resistance nor for
physical injuries, because he acts in
legitimate self-defense
There can be no assault upon or
disobedience to one authority by another
when they both contend that they were in
the exercise of their respective duties.
When assault is made by reason of the
performance of his duty there is no need for
actual performance of his official duty when
attacked
Circumstances qualifying the offense
(Qualified Assault):
a. when the assault is committed with a
weapon
b. when the offender is a public officer or
employee
c. when the offender lays hand upon a
person in authority
Complex crime of direct assault with
homicide or murder, or with serious physical
injuries.
Direct assault cannot be committed during
rebellion.
Art. 149. Indirect assaults The penalty of prision
correccional in its minimum and medium periods and
a fine not exceeding P500 pesos shall be imposed
upon any person who shall make use of force or
intimidation upon any person coming to the aid of the
authorities or their agents on occasion of the
commission of any of the crimes defined in the next
preceding article.
ELEMENTS:
1. That a person in authority or his agent is
the victim of any of the forms of direct
assault defined in ART. 148.
19
2. That a person comes to the aid of such
authority or his agent.
3. That the offender makes use of force or
intimidation upon such person coming to
the aid of the authority or his agent.
Indirect assault can be committed only
when a direct assault is also committed
To be indirect assault, the person who
should be aided is the agent (not the person
in authority because it is already direct
assault, the person coming to the aid of the
person in authority being considered as an
agent and an attack on the latter is already
direct assault). Example. Aiding a
policeman under attack.
Art. 150. Disobedience to summons issued by the
National Assembly, its committees or
subcommittees, by the Constitutional
Commissions, its committees, subcommittees or
divisions The penalty of arresto mayor or a fine
ranging from two hundred to one thousand pesos, or
both such fine and imprisonment shall be imposed
upon any person who, having been duly summoned
to attend as a witness before the National Assembly,
(Congress), its special or standing committees and
subcommittees, the Constitutional Commissions and
its committees, subcommittees, or divisions, or before
any commission or committee chairman or member
authorized to summon witnesses, refuses, without
legal excuse, to obey such summons, or being
present before any such legislative or constitutional
body or official, refuses to be sworn or placed under
affirmation or 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. The same penalty shall be
imposed upon any person who shall restrain another
from attending as a witness, or who shall induce
disobedience to a summon or refusal to be sworn by
any such body or official.
ACTS PUNISHABLE:
1. refusing without legal excuse to obey
summons
2. refusing to be sworn or placed under
affirmation
3. refusing to answer any legal inquiry to
produce books, records etc.
4. restraining another from attending as
witness in such body
5. inducing disobedience to a summons or
refusal to be sworn
Art. 151. Resistance and disobedience to a person
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in authority or the agents of such person The
penalty of arresto mayor and a fine not exceeding 500
pesos shall be imposed upon any person who not
being included in the provisions of the preceding
articles shall resist or seriously disobey any person in
authority, or the agents of such person, while
engaged in the performance of official duties.
When the disobedience to an agent of a person in
authority is not of a serious nature, the penalty of
arresto menor or a fine ranging from 10 to P100
pesos shall be imposed upon the offender.c
ELEMENTS PAR. 1:
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 arts. 148,
149 and 150.
ELEMENTS PAR. 2:
1. That an agent of a person in authority is
engaged in the performance of official
duty gives a lawful order to the offender.
2. That the offender disobeys such agent of
a person in authority.
3. That such disobedience is not of a
serious nature.
Direct Assault (148) Resistant and
Disobedience to a Person
in Authority or Agents of
such Person (151)
PIA or his agent must be PIA or his agent must be in
engaged in the the actual performance of his
performance of official duties.
duties or that he is
assaulted
Direct assault is Committed by resisting or
committed in 4 ways by seriously disobeying a PIA or
attacking, employing his agent.
force, and seriously
resisting a PIA or his
agent.
Use of force against an Use of force against an
agent of PIA must be agent of a PIA is not so
serious and deliberate. serious; no manifest intention
to defy the law and the
officers enforcing it.
Art. 152. Persons in authority and agents of
persons in authority; Who shall be deemed as
such In applying the provisions of the preceding
20
and other articles of this Code, any person directly
vested with jurisdiction, whether as an individual or as
a member of some court or governmental corporation,
board, or commission, shall be deemed a person in
authority. A barrio captain and a barangay chairman
shall also be deemed a person in authority.
A 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 a
barrio councilman, barrio policeman and barangay
leader and any person who comes to the aid of
persons in authority, shall be deemed an agent of a
person in authority.
In applying the provisions of Articles 148 and 151 of
this Code, teachers, professors and persons charged
with the supervision of public or duly recognized
private schools, colleges and universities, and
lawyers in the actual performance of their professional
duties or on the occasion of such performance, shall
be deemed persons in authority. (As amended by PD
No. 299, Sept. 19, 1973 and Batas Pambansa Blg.
873, June 12, 1985).
Persons in Authority any person directly
vested with jurisdiction, whether as an
individual or as a member of some court or
governmental corporation, board or
commission.
1) Barangay captain
2) Barangay chairman
3) Teachers
4) Professors
5) Persons charged with the supervision
of public or duly recognized private
schools, colleges and universities
6) Lawyers in the actual performance of
their professional duties or on the
occasion of such performance
Agent of Person in Authority any person
who, by direct provision of law or by election
or by appointment by competent authority,
is charged with the maintenance of public
order and the protection and security of life
and property.
1) Barrio councilman
2) Barrio policeman
3) Barangay leader
4) Any person who comes to the aid of
persons in authority
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Section 388 of the Local Govt Code
provides that for purposes of the RPC, the
punong barangay, sangguniang barangay
members and members of the lupong
tagapamayapa in each barangay shall be
deemed as persons in authority in their
jurisdictions, while other barangay officials
and members who may be designated by
law or ordinance and charged with the
maintenance of public order, protection and
the security of life, property, or the
maintenance of a desirable and balanced
environment, and any barangay member
who comes to the aid of persons in authority
shall be deemed AGENT of persons in
authority.
CHAPTER 5: PUBLIC DISORDERS
Art. 153. Tumults and other disturbance of public
orders; Tumultuous disturbance or interruption
liable to cause disturbance The penalty of
arresto mayor in its medium period to prision
correccional in its minimum period and a fine not
exceeding 1,000 pesos shall be imposed upon any
person who shall cause any serious disturbance in a
public place, office, or establishment, or shall interrupt
or disturb public performances, functions or
gatherings, or peaceful meetings, if the act is not
included in the provisions of Articles 131 and 132.
The penalty next higher in degree shall be imposed
upon persons causing any disturbance or interruption
of a tumultuous character.
The disturbance or interruption shall be deemed to be
tumultuous if caused by more than three persons who
are armed or provided with means of violence.
The penalty of arresto mayor shall be imposed upon
any person who in any meeting, association, or public
place, shall make any outcry tending to incite rebellion
or sedition or in such place shall display placards or
emblems which provoke a disturbance of the public
order.
The penalty of arresto menor and a fine not to exceed
P200 pesos shall be imposed upon these persons
who in violation of the provisions contained in the last
clause of Article 85, shall bury with pomp the body of
a person who has been legally executed.
TYPES:
1. Causing any serious disturbance in a
public place, office or establishment
21
2. Interrupting or disturbing public
performances, functions, gatherings or
peaceful meetings, if the act is not
included in Art 131 and 132 (Public
Officers interrupting peaceful meetings or
religious worship).
3. Making any outcry tending to incite
rebellion or sedition in any meeting,
association or public place
4. Displaying placards or emblems which
provoke a disturbance of public order in
such place
5. Burying with pomp the body of a person
who has been legally executed.
If the act of disturbing or interrupting a
meeting or religious ceremony is NOT
committed by public officers, or if committed
by public officers they are not participants
therein, this article applies. Art 131 and 132
punishes the same acts if committed by
public officers who are NOT participants in
the meeting
The outcry is merely a public disorder if it is
an unconscious outburst which, although
rebellious or seditious in nature, is not
intentionally calculated to induce others to
commit rebellion or sedition, otherwise, its
inciting to rebellion or sedition.
Tumultuous if caused by more than 3
persons who are armed or provided with
means of violence (circumstance qualifying
the disturbance/interruption) tumultuous
in character
Art. 154. Unlawful use of means of publication and
unlawful utterances The penalty of arresto mayor
and a fine ranging from P200 to P1,000 pesos shall
be imposed upon:
1. Any person who by means of printing,
lithography, or any other means of
publication shall publish or cause to be
published as news any false news which
may endanger the public order, or cause
damage to the interest or credit of the State;
2. Any person who by the same means, or by
words, utterances or speeches shall
encourage disobedience to the law or to the
constituted authorities or praise, justify, or
extol any act punished by law;
3. Any person who shall maliciously publish or
cause to be published any official resolution
or document without proper authority, or
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before they have been published officially; or
4. Any person who shall print, publish, or
distribute or cause to be printed, published,
or distributed books, pamphlets, periodicals,
or leaflets which do not bear the real printer's
name, or which are classified as anonymous.
TYPES:
1. Publishing or causing to be published, by
means of printing, lithography or any
other means of publication as news any
false news which may endanger the
public order, or cause damage to the
interest or credit of the State.
2. Encouraging disobedience to the law or to
the constituted authorities or 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 proper authority, or
before they have been published officially
4. Printing, publishing or distributing or
(causing the same) books, pamphlets,
periodicals or leaflets which do not bear
the real printers name or which are
classified as anonymous.
Art. 155. Alarms and scandals The penalty of
arresto menor or a fine not exceeding P200 pesos
shall be imposed upon:
1. Any person who within any town or public
place, shall discharge any firearm, rocket,
firecracker, or other explosives calculated to
cause alarm or danger;
2. Any person who shall instigate or take an
active part in any charivari or other disorderly
meeting offensive to another or prejudicial to
public tranquility;
3. Any person who, while wandering about at
night or while engaged in any other nocturnal
amusements, shall disturb the public peace;
or
4. Any person who, while intoxicated or
otherwise, shall cause any disturbance or
scandal in public places, provided that the
circumstances of the case shall not make the
provisions of Article 153 applicable.
TYPES:
1. Discharging any firearm, rocket,
firecracker, or other explosive within any
town or public place, calculated to cause
alarm or danger
2. Instigating or taking active part in any
charivari or other disorderly meeting
22
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
amusement
4. Causing any disturbance or scandal in
public places while intoxicated or
otherwise, provided the act is not covered
by Art 153 (tumult).
Charivari mock serenade or discordant
noises made with kettles, tin horns etc,
designed to deride, insult or annoy
Firearm must not be pointed at a person,
otherwise, it is illegal discharge
What governs is the result, not the intent
CRIME Nature of Crime Who are
Liable
Tumults and other Crime against Private
Disturbances (153) Public Order persons,
outsider
Alarms and Crime against Private
Scandals (155) Public Order persons,
outsider
Art. 156. Delivery of prisoners from jails The
penalty of arresto mayor in its maximum period of
prision correccional in its minimum period shall be
imposed upon any person who shall remove from any
jail or penal establishment any person confined
therein or shall help the escape of such person, by
means of violence, intimidation, or bribery. If other
means are used, the penalty of arresto mayor shall be
imposed.
If the escape of the prisoner shall take place outside
of said establishments by taking the guards by
surprise, the same penalties shall be imposed in their
minimum period.
ELEMENTS:
1. That there is a person confined in a jail or
penal establishment.
2. That the offender removes therefor such
person, or helps the escape of such
person (if the escapee is serving final
judgement, he is guilty of evasion of
sentence).
3. Offender is a private individual
Prisoner may be detention prisoner or one
sentenced by virtue of a final judgment
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A policeman assigned to the city jail as
guard who while off-duty released a
prisoner is liable here
It may be committed through negligence
Circumstances qualifying the offense is
committed by means of violence,
intimidation or bribery.
Mitigating circumstance if it takes place
outside the penal establishment by taking
the guards by surprise
CHAPTER 6: EVASION OF SERVICE OF
SENTENCE
Art. 157. Evasion of service of sentence The
penalty of prision correccional in its medium and
maximum periods shall be imposed upon any convict
who shall evade service of his sentence by escaping
during the term of his imprisonment by reason of final
judgment. However, if such evasion or escape shall
have taken place by means of unlawful entry, by
breaking doors, windows, gates, walls, roofs, or
floors, or by using picklocks, false keys, deceit,
violence or intimidation, or through connivance with
other convicts or employees of the penal institution,
the penalty shall be prision correccional in its
maximum period.
ELEMENTS:
1. That the offender is a convict by final
judgment.
2. That he is serving his sentence which
consists in deprivation of liberty (destierro
included)
3. That he evades the service of his
sentence by escaping during the term if
his sentence. (fact of return immaterial).
A continuing offense.
Offenders not minor delinquents nor
detention prisoners
If escaped within the 15 day appeal period
no evasion
No applicable to deportation as the
sentence
Flimsy excuse for violating destierro not
acceptable
Circumstances qualifying the offense (done
thru):
a. unlawful entry (by scaling)
b. breaking doors, windows, gates,
walls, roofs or floors
c. using picklocks, false keys, disguise,
deceit, violence or intimidation
23
d. connivance with other convicts or
employees of the penal institution
Art. 158. Evasion of service of sentence on the
occasion of disorder, conflagrations,
earthquakes, or other calamities A convict who
shall evade the service of his sentence, by leaving the
penal institution where he shall have been confined,
on the occasion of disorder resulting from a
conflagration, earthquake, explosion, or similar
catastrophe, or during a mutiny in which he has not
participated, shall suffer an increase of one-fifth of the
time still remaining to be served under the original
sentence, which in no case shall exceed six months, if
he shall fail to give himself up to the authorities within
forty-eight hours following the issuance of a
proclamation by the Chief Executive announcing the
passing away of such calamity.
Convicts who, under the circumstances mentioned in
the preceding paragraph, shall give themselves up to
the authorities within the above mentioned period of
48 hours, shall be entitled to the deduction provided in
Article 98.
ELEMENTS:
1. That the offender is a convict by final
judgement who is confined in a penal
institution.
2. That there is disorder, resulting from-
a. conflagration,
b. earthquake,
c. explosion, or
d. similar catastrophe, or
e. mutiny in which he has not
participated.
3. 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 hours following
the insurance of a proclamation by the
chief executive announcing the passing
away of such calamity.
Penalty: an increase by 1/5 of the time
remaining to be served under the original
sentence, in no case to exceed 6 months.
Offender must escape to be entitled to
allowance
Mutiny organized unlawful resistance to a
superior officer, a sedition, a revolt
Disarming the guards is not mutiny
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Art. 159. Other cases of evasion of service of
sentence The penalty of prision correccional in its
minimum period shall be imposed upon the convict
who, having been granted conditional pardon by the
Chief Executive, shall violate any of the conditions of
such pardon. However, if the penalty remitted by the
granting of such pardon be higher than six years, the
convict shall then suffer the unexpired portion of his
original sentence.
ELEMENTS:
1. That the offender was a convict.
2. That he was granted a conditional pardon
by the chief executive.
3. That he violated any of the conditions of
such pardon.
Condition extends to special laws
violation of illegal voting
Offender must have been found guilty of
the subsequent offense before he can be
prosecuted under this Article. But if under
Revised Admin Code, no conviction
necessary. President has power to arrest,
reincarnate offender without trial.
VIOLATION OF PARDON ORDINARY EVASION
Infringement of To evade the penalty given
conditions/terms of by the courts disturbs the
President public order
TWO PENALTIES PROVIDED:
1. prision correccional in its minimum period
if the penalty remitted does not exceed
6 years
2. the unexpired portion of his original
sentence if the penalty remitted is
higher than 6 years
CHAPTER 7: COMMISSION OF ANOTHER CRIME
DURING SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE
Art. 160. Commission of another crime during
service of penalty imposed for another offense;
Penalty Besides the provisions of Rule 5 of Article
62, any person who shall commit a felony after having
been convicted by final judgment, before beginning to
serve such sentence, or while serving the same, shall
be punished by the maximum period of the penalty
prescribed by law for the new felony.
Any convict of the class referred to in this article, who
is not a habitual criminal, shall be pardoned at the age
of seventy years if he shall have already served out
his original sentence, or when he shall complete it
24
after reaching the said age, unless by reason of his
conduct or other circumstances he shall not be worthy
of such clemency.
ELEMENTS:
1. That the offender was already convicted
by final judgement of one offense.
2. That he committed a new felony before
beginning to serve such sentence or while
serving the same.
Quasi-recidivism : a person after having
been convicted by final judgement shall
commit a new felony before beginning to
serve such sentence, or while serving the
same.
Second crimes must belong to the RPC, not
special laws. First crime may be either from
the RPC or special laws
Reiteracion: offender shall have served out
his sentence for the prior offense
A quasi-recidivist may be pardoned at age
70. Except: Unworthy or Habitual
Delinquent
If new felony is evasion of sentence
offender is not a quasi-recidivist
Penalty: maximum period of the penalty for
the new felony should be imposed
(mitigating circumstance can only be
appreciated if the maximum is divisible)
Quasi-Recidivism may be offset by a special
privileged mitigating circumstance (ex.
Minority)
TITLE FOUR
CRIMES AGAINST PUBLIC INTEREST
Section 1: Forging the seal of the Government of
the Philippine Islands, the signature or stamp of the
Chief Executive
Art. 161. Counterfeiting the great seal of the
Government of the Philippine Islands, forging the
signature or stamp of the Chief Executive The
penalty of reclusion temporal shall be imposed upon
any person who shall forge the Great Seal of the
Government of the Philippine Islands or the signature
or stamp of the Chief Executive.
TYPES:
1. Forging the great seal of the Government
2. Forging the signature of the President
3. Forging the stamp of the President
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When the signature of the President is
forged, it is not falsification but forging of
signature under this article
Signature must be forged, others signed it
not the President.
Art. 162. Using forged signature or counterfeit
seal or stamp The penalty of prision mayor shall
be imposed upon any person who shall knowingly
make use of the counterfeit seal or forged signature
or stamp mentioned in the preceding article.
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.
2. That the offender knew of the
counterfeiting or forgery.
3. That he used the counterfeit seal or
forged signature or stamp.
Offender is NOT the forger/not the cause of
the counterfeiting
Section 2 Counterfeiting coins
Art. 163. Making and importing and uttering false
coins Any person who makes, imports, or utters,
false coins, in connivance with counterfeiters, or
importers, shall suffer:
1. Prision mayor in its minimum and medium
periods and a fine not to exceed P10,000
pesos, if the counterfeited coin be silver coin
of the Philippines or coin of the Central Bank
of the Philippines of ten centavo
denomination or above.
2. Prision correccional in its minimum and
medium periods and a fine of not to exceed
P2,000 pesos, if the counterfeited coins be
any of the minor coinage of the Philippines
or of the Central Bank of the Philippines
below ten-centavo denomination.
3. Prision correccional in its minimum period
and a fine not to exceed P1,000 pesos, if the
counterfeited coin be currency of a foreign
country. (As amended by R.A. No. 4202,
approved June 19, 1965).
ELEMENTS:
1. That there be false or counterfeited coins
(need not be legal tender).
2. That the offender either made, imported
or uttered such coins.
3. That in case of uttering such false or
counterfeited coins, he connives with
counterfeiters or importers.
25
Coin is counterfeit if it is forged, or if it is
not an article of the government as legal
tender, regardless if it is of no value
Counterfeiting imitation of legal or genuine
coin (may contain more silver, different
design) such as to deceive an ordinary
person in believing it to be genuine
Utter to pass counterfeited coins, deliver
or give away
Import to bring to port the same
Both Philippine and foreign state coins
Applies also to coins withdrawn from
circulation
Essence of article: making of coins without
authority
Art. 164. Mutilation of coins; Importation and
utterance of mutilated coin. The penalty of
prision correccional in its minimum period and a fine
not to exceed P2,000 pesos shall be imposed upon
any person who shall mutilate coins of the legal
currency of the United States or of the Philippine
Islands or import or utter mutilated current coins, or in
connivance with mutilators or importers.
ELEMENTS:
This has been repealed by PD 247. Under
this PD, the acts punishable are:
1. willful defacement
2. mutilation
3. tearing
4. burning
5. destruction of Central Bank notes and
coins
Mutilation to take off part of the metal
either by filling it or substituting it for
another metal of inferior quality, to
diminish by inferior means (to diminish
metal contents).
Foreign notes and coins not included.
Must be legal tender.
Must be intention to mutilate.
Art. 165. Selling of false or mutilated coin, without
connivance The person who knowingly, although
without the connivance mentioned in the preceding
articles, shall possess false or mutilated coin with
intent to utter the same, or shall actually utter such
coin, shall suffer a penalty lower by one degree than
that prescribed in said articles.
2 TYPES:
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1. Possession of coin, counterfeited or
mutilated by another person, with intent to
utter the same, knowing that it is false or
mutilated.
ELEMENTS:
a. possession
b. with intent to utter, and
c. knowledge
2. Actually uttering such false or mutilated
coin, knowing the same to be false or
mutilated.
ELEMENTS:
a. actually uttering, and
b. knowledge.
Possession does not require legal tender in
foreign coins
Includes constructive possession
Read RA 427
Section 3 Forging treasury or bank notes,
obligations and securities; importing and uttering
false or forged notes, obligations and securities
Art. 166. Forging treasury or bank notes on other
documents payable to bearer; importing, and
uttering such false or forged notes and
documents The forging or falsification of treasury
or bank notes or certificates or other obligations and
securities payable to bearer and the importation and
uttering in connivance with forgers or importers of
such false or forged obligations or notes, shall be
punished as follows:
1. By reclusion temporal in its minimum period
and a fine not to exceed P10,000 pesos, if
the document which has been falsified,
counterfeited, or altered, is an obligations or
security of the United States or of the
Philippines Islands.
The word obligation or security of the United States
or of the Philippine Islands shall be held to mean all
bonds, certificates of indebtedness, national bank
notes, fractional notes, certificates of deposit, bills,
checks, or drafts for money, drawn by or upon
authorized officers of the United States or of the
Philippine Islands, and other representatives of value,
of whatever denomination, which have been or may
be issued under any act of the Congress of the United
States or of the Philippine Legislature.
2. By prision mayor in its maximum period and
a fine not to exceed P5,000 pesos, if the
falsified or altered document is a circulating
note issued by any banking association duly
authorized by law to issue the same.
3. By prision mayor in its medium period and a
fine not to exceed P5,000 pesos, if the
falsified or counterfeited document was
26
issued by a foreign government.
4. By prision mayor in its minimum period and a
fine not to exceed P2,000 pesos, when the
forged or altered document is a circulating
note or bill issued by a foreign bank duly
authorized therefor.
ACTS PUNISHABLE:
1. Forging or falsity of treasury/bank notes
or documents payable to bearer
2. Importing of such notes
3. Uttering of such false or forged
obligations and notes in connivance with
forgers and importers
Forging by giving a treasury or bank note
or document payable to bearer/order an
appearance of a true and genuine
document
Falsification by erasing, substituting,
counterfeiting or altering by any means the
figures and letters, words, signs contained
therein
E.g. falsifying lotto or sweepstakes ticket.
Attempted estafa through falsification of an
obligation or security of the Phil
PNB checks not included here its
falsification of commercial document under
Article 172
Obligation or security includes: bonds,
certificate of indebtedness, bills, national
bank notes, coupons, treasury notes,
certificate of deposits, checks, drafts for
money, sweepstakes money
Art. 167. Counterfeiting, importing and uttering
instruments not payable to bearer Any person
who shall forge, import or utter, in connivance with the
forgers or importers, any instrument payable to order
or other document of credit not payable to bearer,
shall suffer the penalties of prision correccional in its
medium and maximum periods and a fine not
exceeding P6,000 pesos.
ELEMENTS:
1. That there be an instrument payable to
order or other document of credit not
payable to bearer.
2. That the offender either forged, imported
or uttered such instruments.
3. That in case of uttering, he connived with
the forger or importer.
Art. 168. Illegal possession and use of false
CRIMINAL LAW BOOK 2 REVIEWER
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treasury or bank notes and other instruments of
credit Unless the act be one of those coming
under the provisions of any of the preceding articles,
any person who shall knowingly use or have in his
possession, with intent to use any of the false or
falsified instruments referred to in this section, shall
suffer the penalty next lower in degree than that
prescribed in said articles.
ELEMENTS:
1. That any treasury or bank note or
certificate or other obligation and security
payable to bearer, or any instrument
payable to 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
instrument, or
b) possessing with intent to use any of
such forged or falsified instrument.
Act sought to be punished: Knowingly
possessing with intent to use any of such
forged treasury or bank notes
Art. 169. How forgery is committed The forgery
referred to in this section may be committed by any of
the following means:
1. By giving to a treasury or bank note or any
instrument, payable to bearer or order
mentioned therein, the appearance of a true
genuine document.
2. By erasing, substituting, counterfeiting or
altering by any means the figures, letters,
words or signs contained therein.
HOW FORGERY IS COMMITTED:
1. if all acts done but genuine appearance is
not given, the crime is frustrated
2. by giving to a treasury or bank note or
any instrument payable to bearer or to
order, the appearance of a true and
genuine document
3. by erasing, substituting, counterfeiting,
altering by any means the figures, letters
or words, or signs contained therein.
Section 4 Falsification of legislative, public,
commercial and private documents, and wireless,
telegraph, and telephone message
Art. 170. Falsification of legislative documents
The penalty of prision correccional in its maximum
period and a fine not exceeding P6,000 pesos shall
27
be imposed upon any person who, without proper
authority therefor alters any bill, resolution, or
ordinance enacted or approved or pending approval
by either House of the Legislature or any provincial
board or municipal council.
ELEMENTS:
1. That these be a bill, resolution or
ordinance enacted or approved or
pending approval by the national
assembly or any provincial board or
municipal council.
2. That the offender (any person) alters the
same.
3. That he has no proper authority therefor.
4. That the alteration has changed the
meaning of the document.
Accused must not be a public official
entrusted with the custody or possession of
such document otherwise Art 171 applies.
Art. 171. Falsification by public officer, employee
or notary or ecclesiastic minister The penalty of
prision mayor and a fine not to exceed P5,000 pesos
shall be imposed upon any public officer, employee,
or notary who, taking advantage of his official
position, shall falsify a document by committing any of
the following acts:
1. Counterfeiting or imitating any handwriting,
signature or rubric;
2. Causing it to appear that persons have
participated in any act or proceeding when
they did not in fact so participate;
3. Attributing to persons who have participated
in an act or proceeding statements other
than those in fact made by them;
4. Making untruthful statements in a narration
of facts;
5. Altering true dates;
6. Making any alteration or intercalation in a
genuine document which changes its
meaning;
7. Issuing in an authenticated form a document
purporting to be a copy of an original
document when no such original exists, or
including in such a copy a statement
contrary to, or different from, that of the
genuine original; or
8. Intercalating any instrument or note relative
to the issuance thereof in a protocol, registry,
or official book.
The same penalty shall be imposed upon any
ecclesiastical minister who shall commit any of the
offenses enumerated in the preceding paragraphs of
this article, with respect to any record or document of
such character that its falsification may affect the civil
status of persons.
CRIMINAL LAW BOOK 2 REVIEWER
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ELEMENTS:
1. That the offender is a public officer,
employee, or notary public.
2. That he takes advantage of his official
position.
3. That he falsifies a document by
committing any of the following acts:
REQUISITES OF PAR. 1:
1. That there be an intent to imitate, or an
attempt to imitate
2. That the two signatures or handwritings,
the genuine and the forged, bear some
resemblance, to each other
(lack of similitude/imitation of a genuine
signature will not be a ground for conviction
under par. 1 but such is not an impediment
to conviction under par. 2)
REQUISITES OF PAR. 2 & 3:
1. That the offender caused it to appear in a
document that a person/s participated in
an act or a proceeding; and
2. That such person/s did not in fact so
participate in the act or proceeding
REQUISITES OF PAR. 4:
1. That the offender makes in a document
statements in a narration of facts
2. That he has a legal obligation to disclose
the truth of the facts narrated by him;
(required by law to be done) and
3. That the facts narrated by the offender
are absolutely false; and
4. That the perversion or truth in the
narration of facts was made with the
wrongful intent of injuring a third person
There must be a narration of facts, not a
conclusion of law. Must be on a material
matter
Legal obligation means that there is a law
requiring the disclosure of the truth of the
facts narrated. Ex. Residence certificates
The person making the narration of facts
must be aware of the falsity of the facts
narrated by him. This kind of falsification
may be committed by omission
28
REQUISITES OF PAR. 5 & 6:
1. That there be an alteration (change) or
intercalation (insertion) on a document
2. That it was made on a genuine document
3. That the alteration/intercalation has
changed the meaning of the document
4. That the change made the document
speak something false.
5. Issuing in an authenticated form a
document purporting to be a copy of an
original document when no such original
exists, or including in such copy a
statement contrary to, or different from,
that of the genuine original; (if no
knowledge, falsification through
negligence) or
6. Intercalating any instrument or note
relative to the issuance thereof in a
protocol, registry, or official book.
(genuine document)
7. In case the offender is an ecclesiastical
minister, the act of falsification is
committed with respect to any record or
document of such character that its
falsification may affect the civil status of
persons.
There is no crime of attempted or frustrated
falsification of public document
Persons liable public officer, employee or
notary public or ecclesiastical minister
If offender does not take advantage of his
public position, he may still be liable for
falsification of documents by a private
person
Document: any written statement by which a
right is established or an obligation is
extinguished
Not necessary that what is falsified is a
genuine or real document, enough that it
gives an appearance of a genuine article
Counterfeiting imitating any handwriting,
signature or rubric
Feigning simulating a signature,
handwriting, or rubric out of one of which
does not in fact exist
Art. 172. Falsification by private individual and
use of falsified documents The penalty of prision
correccional in its medium and maximum periods and
a fine of not more than P5,000 pesos shall be
CRIMINAL LAW BOOK 2 REVIEWER
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imposed upon:
1. Any private individual who shall commit any
of the falsifications enumerated in the next
preceding article in any public or official
document or letter of exchange or any other
kind of commercial document; and
2. Any person who, to the damage of a third
party, or with the intent to cause such
damage, shall in any private document
commit any of the acts of falsification
enumerated in the next preceding article.
3. Any person who shall knowingly introduce in
evidence in any judicial proceeding or to the
damage of another or who, with the intent to
cause such damage, shall use any of the
false documents embraced in the next
preceding article, or in any of the foregoing
subdivisions of this article, shall be punished
by the penalty next lower in degree.
ELEMENTS PAR. 1:
1. That the offender is a private individual or
a public officer or employee who did not
take advantage of his official position.
2. That he committed any of the acts of
falsification enumerated in ART. 171.
Under this paragraph, damage is not
essential, it is presumed
Defense: lack of malice or criminal intent
The following writings are public:
a) the written acts or records of cats of
the sovereign authority of official
bodies and tribunals, and of the public
officers, legislative, judicial and
executive, whether of the Philippines
or of a foreign country.
b) Public records kept in the Philippines.
Examples of commercial documents
warehouse receipts, airway bills, bank
checks, cash files, deposit slips and bank
statements, journals, books, ledgers, drafts,
letters of credit and other negotiable
instruments
Cash disbursement vouchers or receipts
evidencing payments are not commercial
documents
A mere blank form of an official document is
not in itself a document
The possessor of falsified document is
presumed to be the author of the
falsification
ELEMENTS PAR. 2 :
29
1. That the offender committed any of the
acts of falsification, except those in
paragraph 7 and 8, enumerated in art.
171.
2. That the falsification was committed in
any private document (must affect the
truth or integrity of the document)
3. That the falsification caused damage
(essential element; hence, no crime of
estafa thus falsification of private
document) to a third party or at least the
falsification was committed with intent to
cause such damage.
Not necessary that the offender profited or
hoped to profit from the falsification
A document falsified as a necessary means
to commit another crime must be public,
official or commercial
There is no complex crime of estafa through
falsification of a private document because
the immediate effect of the latter is the
same as that of estafa
If the estafa was already consummated at
the time of the falsification of a private
document was committed for the purpose of
concealing the estafa, the falsification is not
punishable, because as regards the
falsification of the private document there
was no damage or intent to cause damage.
A private document may acquire the
character of a public document when it
becomes part of an official record and is
certified by a public officer duly authorized
by law
The crime is falsification of public
documents even if falsification took place
before the private document becomes part
of the public records.
ELEMENTS PAR. 3:
1. Introducing in a judicial proceeding:
1) That the offender knew that a
document was falsified by another
person.
2) That the false document is embraced
in art. 171 or in any subdivisions nos.
1 and 2 of art. 172.
3) That he introduced said document in
evidence in any judicial proceeding.
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(intent to cause damage not receiving wireless, cable or telephone

necessary) message.
4) that the offender knew that a 2) That the accused commits any of the
document was falsified by another following acts:
person. a. uttering fictitious wireless, cable,
5) That the false document is embraced telegraph, or telephone message, or
in art. 171 or in any of subdivisions b. falsifying wireless, cable, telegraph, or
nos. 1 and 2 of art. 172. telephone message
6) That he used such documents (not in 2. Using such falsified message
judicial proceedings). Requisites:
7) That the use of the documents caused 1) That the accused knew that wireless,
damage to another or at least was cable, telegraph, or telephone message
used with intent to cause such was falsified by any of the person
damage. specified in the first paragraph of art. 173.
2. Use in any other transaction 2) That the accused used such falsified
The user of the falsified document is dispatch.
deemed the author of falsification, if: 3) That the use of the falsified dispatch
a) the use is so closely connected in resulted in the prejudice of a third party,
time with the falsification or that the use thereof was with intent to
b) the user had the capacity of falsifying cause such prejudice.
the document
The public officer, to be liable must be
Falsification of Private Falsification of engaged in the service of sending or
Documents Public/Official Documents receiving wireless, cable and telegraph or
Prejudice to third party is Prejudice to third persons is telephone message
an element of the immaterial, what is punished
offense. is the violation of public faith
and perversion of truth which Section 5 Falsification of medical certificates,
the document proclaims. certificates of merit or services and the like

Art. 174. False medical certificates, false

Art. 173. Falsification of wireless, cable, telegraph
certificates of merits or service, etc. The
and telephone messages, and use of said falsified
penalties of arresto mayor in its maximum period to
messages The penalty of prision correccional in its
prision correccional in its minimum period and a fine
medium and maximum periods shall be imposed upon
not to exceed P1,000 pesos shall be imposed upon:
officer or employee of the Government or of any
1. Any physician or surgeon who, in
private corporation or concern engaged in the service connection, with the practice of his
of sending or receiving wireless, cable or telephone
profession, shall issue a false certificate; and
message who utters a fictitious wireless, telegraph or
2. Any public officer who shall issue a false
telephone message of any system or falsifies the
certificate of merit of service, good conduct
same.
or similar circumstances.
The penalty of arresto mayor shall be
Any person who shall use such falsified dispatch to imposed upon any private person who shall
the prejudice of a third party or with the intent of
falsify a certificate falling within the classes
cause such prejudice, shall suffer the penalty next
mentioned in the two preceding subdivisions.
lower in degree.
ACTS PUNISHABLE:
PERSONS LIABLE:
1. Uttering fictitious or falsifying wireless,
telegraph or telephone message 1. Physician or surgeon who, in connection
Requisites: with the practice of his profession, issued
a false certificate (note: such certificate
1) That the offender is an officer or
must refer to the illness or injury of a
employee of the government or an officer
person)
or employee of a private corporation,
2. Public officer who issued a false
engaged in the service of sending or
certificate of merit of service, good
conduct or similar circumstances
30
CRIMINAL LAW BOOK 2 REVIEWER
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3. Private individual who falsified a
certificate under (1) and (2)
Art. 175. Using false certificates The penalty of
arresto menor shall be imposed upon any one who
shall knowingly use any of the false certificates
mentioned in the next preceding article.
ELEMENTS:
1. That a physician or surgeon has issued a
false medical certificate, or a public officer
has issued a false certificate of merit or
service, good conduct, or similar
circumstances, or a private person had
falsified any of said certificates.
2. That the offender knew that the certificate
was false.
3. That he used the same.
Section 6 Manufacturing, importing and
possession of instruments or implements intended
for the commission of falsification
Art. 176. Manufacturing and possession of
instruments or implements for falsification The
penalty of prision correccional in its medium and
maximum periods and a fine not to exceed P10,000
pesos shall be imposed upon any person who shall
make or introduce into the Philippine Islands any
stamps, dies, marks, or other instruments or
implements intended to be used in the commission of
the offenses of counterfeiting or falsification
mentioned in the preceding sections of this Chapter.
Any person who, with the intention of using them,
shall have in his possession any of the instruments or
implements mentioned in the preceding paragraphs,
shall suffer the penalty next lower in degree than that
provided therein.
ACTS PUNISHABLE:
1. Making or introducing into the Philippines
any stamps, dies or marks or other
instruments or implements for
counterfeiting or falsification
2. Possessing with intent to use the
instruments or implements for
counterfeiting or falsification made in or
introduced into the Philippines by another
person
The implement confiscated need not form a
complete set
Constructive possession is also punished
CHAPTER 2: OTHER FALSIFICATIONS
31
Section 1 Usurpation of authority, rank, title, and
improper use of names, uniforms and insignia
Art. 177. Usurpation of authority or official
functions Any person who shall knowingly and
falsely represent himself to be an officer, agent or
representative of any department or agency of the
Philippine Government or of any foreign government,
or who, under pretense of official position, shall
perform any act pertaining to any person in authority
or public officer of the Philippine Government or any
foreign government, or any agency thereof, without
being lawfully entitled to do so, shall suffer the penalty
of prision correccional in its minimum and medium
periods.
2 WAYS OF COMMITTING THE CRIME:
1. By knowingly and falsely representing
oneself to be an officer, agent or
representative of any department or
agency of the Philippine govt or any
foreign govt.
2. By performing an act pertaining to any
person in authority or public officer of the
Phil govt or foreign govt under the
pretense of such official position, and
without being lawfully entitled to do so.
In usurpation of authority: The mere act of
knowingly and falsely representing oneself
is sufficient. Not necessary that he performs
an act pertaining to a public officer.
In usurpation of official functions: It is
essential that the offender should have
performed an act pertaining to a person in
authority
A public officer may also be an offender
The act performed without being lawfully
entitled to do so must pertain:
a. to the govt
b. to any person in authority
c. to any public office
Art. 178. Using fictitious name and concealing
true name The penalty of arresto mayor and a fine
not to exceed 500 pesos shall be imposed upon any
person who shall publicly use a fictitious name for the
purpose of concealing a crime, evading the execution
of a judgment or causing damage.
Any person who conceals his true name and other
personal circumstances shall be punished by arresto
menor or a fine not to exceed 200 pesos.
ELEMENTS (using fictitious name) :
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1. That the offender uses a name other than
his real name.
2. That he uses that fictitious name publicly.
3. That the purpose of the offender is
a. To conceal a crime,
b. To evade the execution of a judgment,
or
c. To cause damage to public interest.
(ex. Signing fictitious name for a passport)
ELEMENTS (concealing true name):
1. That the offender conceals
2. His true name, and
3. All other personal circumstances.
a. That the purpose is only to conceal
his identity.
Use of Fictitious Name Concealing True
(178) Name (178)
Element of publicity must Publicity not necessary
be present
Purpose is to conceal a Purpose is to conceal
crime, to evade the identity
execution of a judgement,
or to cause damage
Art. 179. Illegal use of uniforms or insignia The
penalty of arresto mayor shall be imposed upon any
person who shall publicly and improperly make use of
insignia, uniforms or dress pertaining to an office not
held by such person or to a class of persons of which
he is not a member.
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.
an exact imitation of the dress or uniform is
unnecessary
Section 2 False testimony
Art. 180. False testimony against a defendant
Any person who shall give false testimony against the
defendant in any criminal case shall suffer:
1. The penalty of reclusion temporal, if the
defendant in said case shall have been
sentenced to death;
2. The penalty of prision mayor, if the
defendant shall have been sentenced to
32
reclusion temporal or reclusion perpetua;
3. The penalty of prision correccional, if the
defendant shall have been sentenced to any
other afflictive penalty; and
4. The penalty of arresto mayor, if the
defendant shall have been sentenced to a
correctional penalty or a fine, or shall have
been acquitted.
In cases provided in subdivisions 3 and 4 of this
article the offender shall further suffer a fine not to
exceed 1,000 pesos.
ELEMENTS:
1. That there be a criminal proceeding.
2. That the offender testifies falsely under
oath against the defendant therein.
3. That the offender who gives false
testimony knows that it is false.
4. That the defendant against whom the
false testimony is given is either acquitted
or convinced in a final judgment
(prescriptive period starts at this point)
Requires criminal intent, cant be committed
through negligence. Need not impute guilt
upon the accused
The defendant must at least be sentenced
to a correctional penalty or a fine or must
have been acquitted
The witness who gave false testimony is
liable even if the court did not consider his
testimony
Penalty is dependent upon sentence
imposed on the defendant
Art. 181. False testimony favorable to the
defendants Any person who shall give false
testimony in favor of the defendant in a criminal case,
shall suffer the penalties of arresto mayor in its
maximum period to prision correccional in its
minimum period a fine not to exceed 1,000 pesos, if
the prosecution is for a felony punishable by an
afflictive penalty, and the penalty of arresto mayor in
any other case.
False testimony by negative statement is in
favor of the defendant
False testimony need not in fact benefit the
defendant
A statement of a mere opinion is not
punishable
Conviction or acquittal is not necessary
(final judgement is not necessary). The
false testimony need not influence the
acquittal
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A defendant who voluntarily goes up on the
witness stand and falsely imputes the
offense to another person the commission
of the offense is liable under this article. If
he merely denies the commission of the
offense, he is not liable.
Basis of penalty: gravity of the felony
charged against the defendant
Art. 182. False testimony in civil cases Any
person found guilty of false testimony in a civil case
shall suffer the penalty of prision correccional in its
minimum period and a fine not to exceed 6,000
pesos, if the amount in controversy shall exceed
5,000 pesos, and the penalty of arresto mayor in its
maximum period to prision correccional in its
minimum period and a fine not to exceed 1,000
pesos, if the amount in controversy shall not exceed
said amount or cannot be estimated.
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 the said case
Not applicable when testimony given in a
special proceeding (in this case, the crime is
perjury)
Basis of penalty: amount involved in the civil
case
Art. 183. False testimony in other cases and
perjury in solemn affirmation The penalty of
arresto mayor in its maximum period to prision
correccional in its minimum period shall be imposed
upon any person, who knowingly makes untruthful
statements and not being included in the provisions of
the next preceding articles, shall testify under oath, or
make an affidavit, upon any material matter before a
competent person authorized to administer an oath in
cases in which the law so requires.
Any person who, in case of a solemn affirmation
made in lieu of an oath, shall commit any of the
falsehoods mentioned in this and the three preceding
articles of this section, shall suffer the respective
penalties provided therein.
ELEMENTS:
33
1. That an accused made a statement under
oath or made an affidavit upon a material
matter.
2. That the statement or affidavit was made
before a competent officer, authorized to
receive and administer oath.
3. That in that statement or affidavit, the
accused made a willful and deliberate
assertion of a falsehood, and
4. That the sworn statement or affidavit
containing the falsity is required by law.
2 WAYS OF COMMITTING PERJURY:
1. by falsely testifying under oath
2. by making a false statement
Subornation of perjury: procures another to
swear falsely. Solemn affirmation: refers to
non-judicial proceedings and affidavits
A false affidavit to a criminal complaint may
give rise to perjury
A matter is material when it is directed to
prove a fact in issue
A competent person authorized to
administer an oath means a person who
has a right to inquire into the questions
presented to him upon matters under his
jurisdiction
There is no perjury through negligence or
imprudence since the assertion of falsehood
must be willful and deliberate
Even if there is no law requiring the
statement to be made under oath, as long
as it is made for a legal purpose, it is
sufficient
Perjury is an offense which covers false
oaths other than those taken in the course
of judicial proceedings
False testimony before the justice of the
peace during the P.I. may give rise to the
crime of perjury because false testimony in
judicial proceedings contemplates an actual
trial where a judgment of conviction or
acquittal is rendered
A person who knowingly and willfully
procures another to swear falsely commits
subornation of perjury and the witness
suborned does testify under circumstances
rendering him guilty of perjury.
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The false testimony is not in a judicial
proceeding
Art. 184. Offering false testimony in evidence
Any person who shall knowingly offer in evidence a
false witness or testimony in any judicial or official
proceeding shall be punished as guilty of false
testimony and shall suffer the respective penalties
provided in this section.
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.
Article applies when the offender without
inducing another, but knowing him to be a
false witness, presented him and the latter
testified falsely in a judicial or official
proceeding
The false witness need not be convicted of
false testimony. The mere offer is sufficient.
CHAPTER 3: FRAUD
Section 1 Machinations, monopolies and
combinations
Art. 185. Machinations in public auctions Any
person who shall solicit any gift or promise as a
consideration for refraining from taking part in any
public auction, and any person who shall attempt to
cause bidders to stay away from an auction by
threats, gifts, promises, or any other artifice, with
intent to cause the reduction of the price of the thing
auctioned, shall suffer the penalty of prision
correccional in its minimum period and a fine ranging
from 10 to 50 per centum of the value of the thing
auctioned.
ELEMENTS of machinations in public
auction:
1. That there be a public auction.
2. That the accused solicited any gift or a
promise from any of the bidders.
3. That such gifts or promise was the
consideration for his refraining from taking
part in that public auction.
4. That the accused had the intent to cause
the reduction of the price of the thing
auctioned.
34
ELEMENTS of attempting to cause bidders to
stay away:
1. That there be a public auction.
2. That the accused attempted to cause the
bidders to stay away from that public
auction
3. That it was done by threats, gifts,
promises, or any other artifice.
4. That the accused had the intent to cause
the reduction of the price of the thing
auctioned.
Art. 186. Monopolies and combinations in
restraint of trade The penalty of prision
correccional in its minimum period or a fine ranging
from 200 to 6,000 pesos, or both, shall be imposed
upon:
1. Any person who shall enter into any contract or
agreement or shall take 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. Any person who shall monopolize any
merchandise or object of trade or commerce, or
shall combine with any other person or persons
to monopolize and merchandise or object in order
to alter the price thereof by spreading false
rumors or making use of any other article to
restrain free competition in the market;
3. Any person who, being a manufacturer, producer,
or processor of any merchandise or object of
commerce or an importer of any merchandise or
object of commerce from any foreign country,
either as principal or agent, wholesaler or retailer,
shall combine, conspire or agree in any manner
with any person likewise engaged in the
manufacture, production, processing, assembling
or importation of such merchandise or object of
commerce or with any other persons not so
similarly engaged for the purpose of making
transactions prejudicial to lawful commerce, or of
increasing the market price in any part of the
Philippines, of any such merchandise or object of
commerce manufactured, produced, processed,
assembled in or imported into the Philippines, or
of any article in the manufacture of which such
manufactured, produced, or imported
merchandise or object of commerce is used.
If the offense mentioned in this article affects any food
substance, motor fuel or lubricants, or other articles of
prime necessity, the penalty shall be that of prision
mayor in its maximum and medium periods it being
sufficient for the imposition thereof that the initial
steps have been taken toward carrying out the
purposes of the combination.
Any property possessed under any contract or by any
combination mentioned in the preceding paragraphs,
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and being the subject thereof, shall be forfeited to the
Government of the Philippines.
Whenever any of the offenses described above is
committed by a corporation or association, the
president and each one of its agents or
representatives in the Philippines in case of a foreign
corporation or association, who shall have knowingly
permitted or failed to prevent the commission of such
offense, shall be held liable as principals thereof.
ACTS PUNISHED:
1. Combination to prevent free competition
in the market
2. By entering into a 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 prevent by artificial means
free competition in the market (It is
enough that initial steps are taken. It is
not necessary that there be actual
restraint of trade)
3. Monopoly to restrain free competition in
the market
- By monopolizing any merchandise or
object of trade or commerce, by
combining with any person or persons
to monopolize said merchandise or
object in order to alter the prices
thereof by spreading false rumors or
making use of any other artifice to
restrain free competition in the market
4. Manufacturer, producer or processor or
importer combining, conspiring or
agreeing with any person to make
transactions prejudicial to lawful
commerce or to increase the market price
of the merchandise.
PERSON/S LIABLE:
1. manufacturer
2. producer
3. processor
4. importer
CRIME IS COMMITTED BY:
1. combining
2. conspiring
3. agreeing with another person
THE PURPOSE IS:
35
1. to make transactions prejudicial to lawful
commerce
2. to increase the market price of any
merchandise or object of commerce
manufactured, produced, processed,
assembled or imported into the Phil
ALSO LIABLE AS PRINCIPALS:
1. corporation/association
2. agent/representative
3. director/manager who willingly
permitted or failed to prevent commission
of above offense
AGGRAVATED IF ITEMS ARE:
1. food substance
2. motor fuel or lubricants
3. goods of prime necessity
Section 2 Frauds in commerce and industry
Art. 187. Importation and disposition of falsely
marked articles or merchandise made of gold,
silver, or other precious metals or their alloy
The penalty of prision correccional or a fine ranging
from 200 to 1,000 pesos, or both, shall be imposed on
any person who shall knowingly import or sell or
dispose of any article or merchandise made of gold,
silver, or other precious metals, or their alloys, with
stamps, brands, or marks which fail to indicate the
actual fineness or quality of said metals or alloys.
Any stamp, brand, label, or mark shall be deemed to
fail to indicate the actual fineness of the article on
which it is engraved, printed, stamped, labeled or
attached, when the rest of the article shows that the
quality or fineness thereof is less by more than one-
half karat, if made of gold, and less by more than four
one-thousandth, if made of silver, than what is shown
by said stamp, brand, label or mark. But in case of
watch cases and flatware made of gold, the actual
fineness of such gold shall not be less by more than
three one-thousandth than the fineness indicated by
said stamp, brand, label, or mark.
ELEMENTS:
1. That the offender imports, sells or
disposes of any of those articles or
merchandise.
2. That the stamps, brands, or marks or
those articles or merchandise fails to
indicate the actual fineness or quality of
said metals or alloys.
3. That the offender knows that the said
stamp, brand, or mark fails to indicate the
CRIMINAL LAW BOOK 2 REVIEWER
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actual fineness or quality of the metals or
alloys.
Art. 188. Subsisting and altering trade-mark,
trade-names, or service marks The penalty of
prision correccional in its minimum period or a fine
ranging from 50 to 2,000 pesos, or both, shall be
imposed upon:
1. Any person who shall substitute the trade name
or trade-mark of some other manufacturer or
dealer or a colorable imitation thereof, for the
trademark of the real manufacturer or dealer
upon any article of commerce and shall sell the
same;
2. Any person who shall sell such articles of
commerce or offer the same for sale, knowing
that the trade-name or trade- mark has been
fraudulently used in such goods as described in
the preceding subdivision;
3. Any person who, in the sale or advertising of his
services, shall use or substitute the service mark
of some other person, or a colorable imitation of
such mark; or
4. Any person who, knowing the purpose for which
the trade-name, trade-mark, or service mark of a
person is to be used, prints, lithographs, or in any
way reproduces such trade-name, trade-mark, or
service mark, or a colorable imitation thereof, for
another person, to enable that other person to
fraudulently use such trade-name, trade-mark, or
service mark on his own goods or in connection
with the sale or advertising of his services.
A trade-name or trade-mark as herein used is a word
or words, name, title, symbol, emblem, sign or device,
or any combination thereof used as an advertisement,
sign, label, poster, or otherwise, for the purpose of
enabling the public to distinguish the business of the
person who owns and uses said trade-name or trade-
mark.
A service mark as herein used is a mark used in the
sale or advertising of services to identify the services
of one person and distinguish them from the services
of others and includes without limitation the marks,
names, symbols, titles, designations, slogans,
character names, and distinctive features of radio or
other advertising.
ACTS PUNISHABLE:
1. By (a) substituting the trade name (t/n) or
trademark (t/m) of some other
manufacturer or dealer or a colorable
imitation thereof, for the t/n or t/m of the
real manufacturer or dealer upon any
article of commerce and (b) selling the
same.
2. By selling or by offering for sale such
article of commerce, knowing that the t/n
or t/m has been fraudulently used
36
3. By using or substituting the service mark
of some other person, or a colorable
imitation of such marks, in the sale or
advertising of services
4. By printing, lithographing or reproducing
t/n, t/m or service mark of one person, or
a colorable limitation thereof, 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 trade-mark, trade-name or service
mark, fraudulent designation of origin, and false
description The penalty provided in the next
proceeding article shall be imposed upon:
1. Any person who, in unfair competition and for the
purposes of deceiving or defrauding another of
his legitimate trade or the public in general, shall
sell his goods giving them the general
appearance of goods of another manufacturer or
dealer, either as to the goods themselves, or in
the wrapping of the packages in which they are
contained or the device or words thereon or in
any other features of their appearance which
would be likely to induce the public to believe that
the goods offered are those of a manufacturer or
dealer other than the actual manufacturer or
dealer or shall give other persons a chance or
opportunity to do the same with a like purpose.
2. Any person who shall affix, apply, annex or use in
connection with any goods or services or any
container or containers for goods a false
designation of origin or any false description or
representation and shall sell such goods or
services.
3. Any person who by means of false or fraudulent
representation or declarations orally or in writing
or by other fraudulent means shall procure from
the patent office or from any other office which
may hereafter be established by law for the
purposes the registration of a trade-name, trade-
mark or service mark or of himself as the owner
of such trade-name, trade-mark or service mark
or an entry respecting a trade-name, trade-mark
or service mark.
ACTS PUNISHED:
1. Unfair competition by selling his goods,
giving them the general appearance of
the goods of another manufacturer or
dealer
2. Fraudulent designation of origin; false
description by (a) affixing to his goods or
using in connection with his services a
false designation of origin; or any false
description or representation, and (b)
selling such goods or services
CRIMINAL LAW BOOK 2 REVIEWER
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3. Fraudulent registration by procuring
fraudulently from the patent office the
registration of t/m, t/m or service mark.
ELEMENTS:
1. That the offender gives his goods the
general appearance of the goods of
another manufacturer or dealer
2. That the general appearance is shown in
the (a) goods themselves, or in the (b)
wrapping of their packages, or in the (c)
device or words therein, or in (d) any
other feature of their appearance
3. That the offender offers to sell or sells
those goods or gives other persons a
chance or opportunity to do the same with
a like purpose.
4. That there is actual intent to deceive the
public or defraud a competitor.
TITLE FIVE
CRIMES RELATED TO OPIUM AND
OTHER PROHIBITED DRUGS (190-194)
Art. 190. Possession, preparation and use of
prohibited drugs and maintenance of opium dens
The penalty of arresto mayor in its medium period
to prision correccional in its minimum period and a
fine ranging from 300 to 1,000 pesos shall be
imposed upon:
1. Anyone who unless lawfully authorized shall
possess, prepare, administer, or otherwise use
any prohibited drug.
"Prohibited drug," as used herein includes opium,
cocaine, alpha and beta eucaine, Indian hemp, their
derivatives, and all preparations made from them or
any of them, and such other drugs, whether natural or
synthetic, having physiological action as a narcotic
drug.
"Opium" embraces every kind, class, and character of
opium, whether crude or prepared; the ashes on
refuse of the same; narcotic preparations thereof or
therefrom; morphine or any alkaloid of opium,
preparation in which opium, morphine or any kind of
opium, enter as an ingredient, and also opium leaves
or wrappings of opium leaves, whether prepared or
not for their use.
"Indian hemp" otherwise known as marijuana,
cannabis, Americana, hashish, bhang, guaza,
churruz, and ganjah embraces every kind, class and
character of Indian hemp, whether dried or fresh,
flowering or fruiting tops of the pistillate plant
cannabis satival, from which the resin has not been
extracted, including all other geographic varieties
37
whether used as reefers, resin, extract, tincture or in
any other form whatsoever.
By narcotic drug is meant a drug that produces a
condition of insensibility and melancholy dullness of
mind with delusions and may be habit-forming.
2. Anyone who shall maintain a dive or resort where
any prohibited drug is used in any form, in
violation of the law.
Art. 191. Keeper, watchman and visitor of opium
den The penalty of arresto mayor and a fine
ranging from 100 to 300 pesos shall be imposed
upon:
1. Anyone who shall act as a keeper or watchman
of a dive or resort where any prohibited drug is
used in any manner contrary to law; and
2. Any person who, not being included in the
provisions of the next preceding article, shall
knowingly visit any dive or resort of the character
referred to above.
Art. 192. Importation and sale of prohibited drugs
The penalty of prision correccional in its medium
and maximum periods and a fine ranging from 300 to
10,000 pesos shall be imposed upon any person who
shall import or bring into the Philippine Islands any
prohibited drug.
The same penalty shall be imposed upon any person
who shall unlawfully sell or deliver to another
prohibited drug.
Art. 193. Illegal possession of opium pipe or other
paraphernalia for the use of any prohibited drug
The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon any
person who, not being authorized by law, shall
possess any opium pipe or other paraphernalia for
smoking, injecting, administering or using opium or
any prohibited drug.
The illegal possession of an opium pipe or other
paraphernalia for using any other prohibited drug shall
be prima facie evidence that its possessor has used
said drug.
Art. 194. Prescribing opium unnecessary for a
patient The penalty of prision correccional or a fine
ranging from 300 to 10,000 pesos, or both shall be
imposed upon any physician or dentist who shall
prescribe opium for any person whose physical
condition does not require the use of the same.
THE DANGEROUS DRUGS ACT OF 1972
(RA No. 6425, as amended)
I. Acts punishable:
1. importation of prohibited drugs
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2. sale, administration, delivery,
distribution and transportation of
prohibited drugs
3. maintenance of a den, dive or resort
for prohibited drug users
4. being employees or visitors of drug
den
5. manufacture of prohibited drugs
6. possession or use
7. cultivation of plants
8. failure to comply with provisions
relative to keeping of records of
prescription
9. unnecessary prescription
10. possession of opium pipe and other
paraphernalia
11. Importation, sale, etc. of regulated
drugs
Importation of prohibited/regulated drugs.
Sale, administration, delivery, distribution
and transaction of prohibited/regulated
drugs.
Qualifying Circumstances if the victim of
the offense is a minor or should a
prohibited/regulated drug involve in any
offense under this section be the proximate
cause of the death of a victim thereof, the
maximum penalty herein shall be imposed.
Maintenance of a den, dive, or resort
for prohibited/regulated drug users.
Qualifying Circumstance where a
prohibited/regulated drug is administered,
delivered, or sold to a minor who is allowed to
use the same in such place, or should a
prohibited drug be the proximate cause of the
death of the person using the same in such
den, dive or resort, the maximum of the
penalty shall be imposed.
Manufacture of prohibited/regulated
drugs.
Possession of prohibited/regulated
drugs.
A. Cultivation of plants which are sources of
prohibited drugs.
Note: The land/portions thereof and/or
greenhouses in which any of the said
plants is cultivated or cultured shall be
confiscated and escheated to the State,
38
unless the owner thereof can prove that
he did not know of such cultivation or
culture despite the exercise of due
diligence on his part.
Qualifying Circumstance if the land
involved is part of the public domain, the
maximum of the penalty herein provided
shall be imposed.
B. Failure to keep records of prescription,
sales, purchases, acquisitions and/or
deliveries of prohibited/regulated drugs
PERSONS LIABLE: Pharmacist, Physician,
Dentist, Veterinarian, Manufacturer,
Wholesaler, Importer, Distributor, Dealer,
Retailer
C. Unlawful prescription of
prohibited/regulated drugs
D. Unnecessary prescription of
prohibited/regulated drugs
PERSONS LIABLE: Physician or dentist who
shall prescribe any prohibited/regulated drug
for any person whose physical/physiological
condition does not require the use of thereof.
E. Possession of opium pipe, equipment,
apparatus or any paraphernalia fit or
intended for smoking, consuming,
administering, injecting, ingesting, or
otherwise using opium or any other
prohibited drug, shall be prima facie
evidence that the possessor has smoked,
consumed, administered to himself,
injected or used a prohibited drug.
F. Attempt and conspiracy to commit the
following offenses:
1. Importation of dangerous drugs
2. Sale, administration, delivery,
distribution and transportation of
dangerous drugs
3. Maintenance of a den, dive or resort
for prohibited drugs
4. Manufacture of dangerous drugs
5. Cultivation or culture of plants which
are sources of prohibited drugs
OTHER PERSONS LIABLE:
a. If the violation of the Act is committed
by a partnership, corporation,
association or any judicial person, the
partner, president, director, or
manager who consents to or
knowingly tolerates such violation
 CRIMINAL LAW BOOK 2 REVIEWER
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shall be held criminally liable as co-
principal.
b. Partner, president, director, manager,
officer or stockholder, who knowingly
authorizes, tolerates, or consents to
the use of a vehicle, vessel, or aircraft
as an instrument in the importation,
sale, delivery, distribution or
transportation of dangerous drugs, or
to the use of their equipment,
machines or other instruments in the
manufacture of any dangerous drugs,
if such vehicle, vessel, aircraft,
equipment, or other instrument, is
owned or under the control and
supervision of the partnership,
corporation, association or judicial
entity to which they are affiliated.
c. Government official, employee or
officer who is found guilty of planting
any dangerous drugs in the person or
in the immediate vicinity of another as
evidence to implicate the latter.
II. For the purpose of enforcing the
provisions of this Act, all school heads,
supervisors and teachers shall be
deemed to be persons in authority and,
as such, are vested with the power to
apprehend, arrest, or cause the
apprehension or arrest of any person who
shall violate any of the said provision.
NOTE: They shall be considered as
persons in authority id they are in the
school or within its immediate vicinity, or
beyond such immediate vicinity of they
are in attendance in any school or class
function in their official capacity as school
heads, supervisors or teachers.
Any teacher or school employee who
discovers or finds that any person in the
school or within its immediate vicinity is
violating this Act shall have the duty to
report the violation to the school head or
supervisor who shall, in turn, report the
matter to the proper authorities. Failure to
report in either case shall, after hearing,
constitute sufficient cause for disciplinary
action. (Sec. 28)
III. Rules:
1. Voluntary submission of a drug
dependent to confinement, treatment and
39
rehabilitation by the drug dependent
himself or through his parent, guardian or
relative within the 4th civil degree of
consanguinity or affinity, in a center and
compliance with such conditions therefor
as the Dangerous Drugs Board may
prescribe shall exempt from criminal
liability for possession or use of the
prohibited/regulated drug.
2. Should the drug dependent escape from
the center, he may submit himself for
confinement within 1 week from the date
of his escape, of his parent guardian or
relative may, within the same period
surrender him for confinement.
3. Upon application of the Board, the Court
shall issue an order for recommitment if
the drug dependent does not resubmit
himself for confinement or if he is not
surrendered for recommitment.
4. If, subsequent to such recommitment, he
should escape again, he shall no longer
be exempt from criminal liability for the
use or possession of any dangerous drug.
5. If a person charged with an offense is
found by the fiscal or by the Court at any
stage of the proceedings, to be a drug
dependent, the fiscal or court as the case
may be, shall suspend all further
proceedings and transmit records of the
case to the Board.
6. After his rehabilitation, he shall be
prosecuted for such violation. In case of
conviction, the judgement shall, if the
accused is certified by the treatment and
rehabilitation center to have maintained
good behavior, indicate that he shall be
given full credit for the period he was
confined in the center.
NOTE: When the offense is possession or
use of dangerous drugs and the accused is
not a recidivist, the penalty thereof shall be
deemed to have been served in the center
upon his release therefrom.
7. The period of prescription of the offense
charged shall not run during the time that
the respondent/accused is under
detention or confinement in a center.
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8. Requisites of suspension of sentence for
first offense in a minor:
a) If accused is a minor (under 18 years
of age at the time of the commission
of the offense but not more than 21
years of age when the judgement
should have been promulgated.
b) He has not been previously convicted
of violating any provision of this Act or
of the RPC or placed on probation.
Sentence shall be deferred and the
accused shall be placed on probation
under the supervision of the Board.
In case of violation of conditions of
pardon, court shall pronounce judgement
of conviction and he shall serve sentence.
If accused did not violate conditions of
probation, case shall be dismissed upon
expiration of the designated period.
NOTES:
a) Cultivation of plants Sec 9 land,
portions of land, greenhouse on which
any of the plants is cultivated
confiscated and escheated to the State.
UNLESS: owner can prove that he had no
knowledge of the cultivation despite due
diligence
b) If land is part of the public domain
maximum penalty imposed
c) Possession of opium pipe and other
paraphernalia prima facie evidence that
the possessor has smoked, consumed,
administered himself, used prohibited
drugs
d) Drug penalties of Reclusion Perpetua to
Death or a fine of Php 500,000 to 10M
apply when:
Opium 40 grams up
Morphine 40 grams up
Shabu 200 grams up
Heroin 40 grams up
Indian hemp 750 grams up
MJ resin 50 grams up
Cocaine 40 grams up
Other drugs Quantity far beyond
therapeutic reqt
(if quantity is less than prescribed penalty is
PC to RP depending upon the quantity)
e) RA 7659 PD 1619 Possession and
Use of Volatile Substances
mere attempt to sell, import already a crime
under Article 6
40
conspiracy to sell, deliver, import already a
crime under Article 8
f) Buy Bust Operation no law or rule to
require policemen to adopt a uniform way
of identifying BUY MONEY (P v. Abedes)
g) Absence of ultraviolet power is not fatal in
the prosecution
h) Transportation/importation of MJ
immaterial whether there may or may not
be a distinction for the MJ
i) Distinguish Entrapment and
Instigation:
1. If prosecution can prove the crime
without presenting the informer or
asset not necessary because their
testimonies are merely corroborative.
Poseur buyer it depends on whether
the prosecution can prove the crime
without their testimonies (P v.
Rosalinda Ramos)
2. Under the RA, special aggravating
circumstance if a crime has been
committed while the accused was
high on drugs (P v. Anthony Belgar)
3. Delivery or Sale of Prohibited Drugs
the accused must be aware that what
he is selling or delivering was
prohibited drug. But the moment the
fact of sale or delivery is proved by
prosecution, the burden to prove that
the accused is not aware that drugs
are prohibited falls on the defense (P
v. Aranda)
4. P v. Angelito Manalo burden of
proving the authority to possess
shabu is a matter of defense
5. P v. Hilario Moscaling court may
take judicial notice of the word
shabu
6. Criminal liabilities of a policeman who
sold the drugs confiscated from a
pusher: violation of RA 6425 and
malversation under RPC.
j) Planting evidence to implicate another
k) Buy Bust Operation form of entrapment
(P v. Alberto) not necessary to have
prior police surveillance (P v. Carlos
Franca)
l) Possession constructive or actual not
necessary to adduce the marked money
as evidence (P v. Romeo Macara)
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m) Separate crimes sale/possession of MT
found in his possession after he was
frisked but he cant be convicted for
possession of MJ that he sold
n) If victim is minor or drug is proximate
cause of death max penalty is imposed
under Sec 4, 5, 15, 15-a
1. If imposable penalty: RP to death no
plea bargaining
2. If offender: government official,
employees, officers or found guilty of
planting evidences same penalty
3. First offense of a minor suspension
of sentence
under 18 at time of commission but not
more than 21 at time when judgment was
promulgated
found guilty of possession or use of
prohibited or regulated drugs
not been previously convicted of violating
any provision of this Act or the RPC
not been placed on probation
defer sentence, place on probation for 6
months to 1 year
violation of probation pronounce
sentence convict and serve sentence
no violation discharge him and dismiss
the proceeding
if minor is drug dependent commit to a
center for treatment and rehabilitation
TITLE SIX
CRIMES AGAINST PUBLIC MORALS
CHAPTER 1: GAMBLING AND BETTING
GAMBLING (195-99 repealed by PDs 449,
483 and 1602 as amended)
1. Illegal cockfighting (PD 449)
2. Betting, game-fixing or point shaving and
machinations in sports contests (PD 438)
3. Illegal gambling
Art. 195. What acts are punishable in gambling
(a) The penalty of arresto mayor or a fine not
exceeding two hundred pesos, and, in case of
recidivism, the penalty of arresto mayor or a fine
ranging from two hundred or six thousand pesos,
shall be imposed upon:
1. Any person other than those referred to in
subsections (b) and (c) who, in any manner shall
41
directly, or indirectly take part in any game of
monte, jueteng or any other form of lottery,
policy, banking, or percentage game, dog races,
or any other game of scheme the result of which
depends wholly or chiefly upon chance or hazard;
or wherein wagers consisting of money, articles
of value or representative of value are made; or
in the exploitation or use of any other mechanical
invention or contrivance to determine by chance
the loser or winner of money or any object or
representative of value.
2. Any person who shall knowingly permit any form
of gambling referred to in the preceding
subdivision to be carried on in any unhabited or
uninhabited place of any building, vessel or other
means of transportation owned or controlled by
him. If the place where gambling is carried on
has the reputation of a gambling place or that
prohibited gambling is frequently carried on
therein, the culprit shall be punished by the
penalty provided for in this article in its maximum
period.
(b) The penalty of prision correccional in its maximum
degree shall be imposed upon the maintainer,
conductor, or banker in a game of jueteng or any
similar game.
(c) The penalty of prision correccional in its medium
degree shall be imposed upon any person who shall,
knowingly and without lawful purpose, have in his
possession and lottery list, paper or other matter
containing letters, figures, signs or symbols which
pertain to or are in any manner used in the game of
jueteng or any similar game which has taken place or
about to take place.
Art. 196. Importation, sale and possession of
lottery tickets or advertisements The penalty of
arresto mayor in its maximum period to prision
correccional in its minimum period or a fine ranging
from 200 to 2,000 pesos, or both, in the discretion of
the court, shall be imposed upon any person who
shall import into the Philippine Islands from any
foreign place or port any lottery ticket or
advertisement or, in connivance with the importer,
shall sell or distribute the same.
Any person who shall knowingly and with intent to use
them, have in his possession lottery tickets or
advertisements, or shall sell or distribute the same
without connivance with the importer of the same,
shall be punished by arresto menor, or a fine not
exceeding 200 pesos, or both, in the discretion of the
court.
The possession of any lottery ticket or advertisement
shall be prima facie evidence of an intent to sell,
distribute or use the same in the Philippine Islands.
Art. 197. Betting in sports contests The penalty
of arresto menor or a fine not exceeding 200 pesos,
or both, shall be imposed upon any person who shall
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bet money or any object or article of value or
representative of value upon the result of any boxing
or other sports contests.
Art. 198. Illegal betting on horse race The
penalty of arresto menor or a fine not exceeding 200
pesos, or both, shall be imposed upon any person
who except during the period allowed by law, shall be
on horse races. The penalty of arresto mayor or a fine
ranging from 200 to 2,000 pesos, or both, shall be
imposed upon any person who, under the same
circumstances, shall maintain or employ a totalizer or
other device or scheme for betting on horse races or
realizing any profit therefrom.
For the purposes of this article, any race held in the
same day at the same place shall be held punishable
as a separate offense, and if the same be committed
by any partnership, corporation or association, the
president and the directors or managers thereof shall
be deemed to be principals in the offense if they have
consented to or knowingly tolerated its commission.
PENALIZING BETTING, GAME-FIXING OR
POINT-SHAVING AND
MACHINATIONS IN SPORTS CONTESTS
PD 483
ACTS PUNISHABLE:
1. Betting: Betting money or any object or
article of value of representative value
upon the result of any game, races and
other sports contests.
2. Game-fixing: any arrangement,
combination, scheme or agreement by
which the result of any game, races, or
sports contests shall be predicated and/or
known other than on the basis of the
honest playing skill or ability of the
players or participants.
3. Point-shaving: any such arrangement
combination, scheme or agreement by
which the skill or ability of any player or
participant in a fame, races, or sports
contests to make points of scores shall be
limited deliberately in order to influence
the result thereof in favor of one or other
team, player or participant.
4. Game Machination: any other fraudulent,
deceitful, unfair or dishonest means,
method, manner or practice employed for
the purpose of influencing the result of
any game, races or sports contest.
Art. 199. Illegal cockfighting The penalty of
arresto menor or a fine not exceeding 200 pesos, or
42
both, in the discretion of the court, shall be imposed
upon:
1. Any person who directly or indirectly participates
in cockfights, by betting money or other valuable
things, or who organizes cockfights at which bets
are made, on a day other than those permitted by
law.
2. Any person who directly or indirectly participates
in cockfights, at a place other than a licensed
cockpit.
COCKFIGHTING LAW OF 1974
PD 449
1. Scope This law shall govern the
establishment, operation, maintenance
and ownership of cockpits.
2. Rules:
1) Only Filipino citizens not otherwise
inhibited by existing laws shall be
allowed to own, manage and operated
cockpits.
2) Only one cockpit shall be allowed in
each city or municipality with a
population of 100,000 or less.
3) Cockpits shall be constructed and
operated within the appropriate areas
as prescribed in the Zoning Law or
ordinance.
4) When allowed:
a. Cockfighting shall be allowed only in
licensed cockpits during Sundays and
legal holidays and during local fiestas
for not more than 3 days; or
b. During provincial, city or municipal,
agricultural, commercial or industrial
fair, carnival or exposition for a similar
period of 3 days upon resolution of the
province, city or municipality where
such fair, carnival or exposition is to
be held, subject to the approval of the
Chief of Constabulary or his
authorized representative.
3. Limitations:
a. No cockfighting on the occasion of
such fair, carnival or exposition shall
be allowed within the month of the
local fiesta or for more than 2
occasions a year in the same city of
municipality.
b. No cockfighting shall be held on
December 30, June 12,November 30,
Holy Thursday, Good Friday, Election
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Day and during registration days for
such election/referendum.
If the purpose is for the entertainment of
foreign dignitaries or for tourists, or for
returning balikbayans, or for the support
of national fund-raising campaigns for
charitable purposes as may be authorized
by the Office of the President upon
resolution of a provincial board, city or
municipal council, in licensed cockpits or
in playgrounds or parks.
Limitations: This privilege shall be extended
for only one time, for a period not exceeding
3 days, within a year to a province, city or
municipality.
a. No gambling of any kind shall be
permitted on the premises of the
cockpit or place of cockfighting during
cockfights.
b. City or municipal mayors are
authorized to issue licenses for the
operation and maintenance of
cockpits.
CHAPTER 2: OFFENSES AGAINST DECENCY
AND GOOD CUSTOMS
Art. 200. Grave scandal The penalties of arresto
mayor and public censure shall be imposed upon any
person who shall offend against decency or good
customs by any highly scandalous conduct not
expressly falling within any other article of this Code.
ELEMENTS:
1. Offender performs an act
2. Act is highly scandalous as offending
against decency or good customs
3. Highly scandalous conduct does not
expressly fall within any other article of
the RPC
4. Committed in a public place or within the
public knowledge or view. (The public
view is not required, it is sufficient if in
public place. For public knowledge, it
may occur even in a private place; the
number of people who sees it is not
material).
Grave scandal: consists of acts which are
offensive to decency and good customs.
They are committed publicly and thus,
43
give rise to public scandal to persons who
have accidentally witnessed the acts
Decency: means properly observing the
requirements of modesty, good taste etc
Customs: refers to established usage,
social conventions carried on by tradition
and enforced by social disapproval in
case of violation
If the acts complained of are punishable
under another provision of the RPC, Art
200 is not applicable
The essence of grave scandal is publicity
and that the acts committed are not only
contrary to morals and good customs but
must likewise be of such character as to
cause public scandal to those witnessing
it.
Art. 201. Immoral doctrines, obscene publications
and exhibitions and indecent shows The penalty
of prision mayor or a fine ranging from six thousand to
twelve thousand pesos, or both such imprisonment
and fine, shall be imposed upon:
1. Those who shall publicly expound or
proclaim doctrines openly contrary to public
morals;
2. (a) the authors of obscene literature,
published with their knowledge in any form;
the editors publishing such literature; and the
owners/operators of the establishment
selling the same;
(b) Those who, in theaters, fairs, cinematographs or
any other place, exhibit, indecent or immoral plays,
scenes, acts or shows, whether live or in film, which
are prescribed by virtue hereof, shall include those
which (1) glorify criminals or condone crimes; (2)
serve no other purpose but to satisfy the market for
violence, lust or pornography; (3) offend any race or
religion; (4) tend to abet traffic in and use of prohibited
drugs; and (5) are contrary to law, public order,
morals, and good customs, established policies,
lawful orders, decrees and edicts;
3. Those who shall sell, give away or exhibit
films, prints, engravings, sculpture or
literature which are offensive to morals. (As
amended by PD Nos. 960 and 969).
PERSONS LIABLE:
1. Those who publicly expound or proclaim
doctrines that are contrary to public
morals
2. Authors of obscene literature, published
with their knowledge in any form
3. Editors publishing such obscene literature
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4. Owners or operators of establishments
selling obscene literature
5. Those who exhibit indecent or immoral
plays, scenes, acts or shows ion theaters,
fairs, cinemas or any other place
6. Those who sell, distribute, or exhibit
prints, engraving, sculptures or literature
which are offensive to morals
Morals: implies conformity to generally
accepted standards of goodness or
rightness in conduct or character
Test of obscenity: whether the matter has
a tendency to deprave or corrupt the
minds of those who are open to immoral
influences. A matter can also be
considered obscene if it shocks the
ordinary and common sense of men as
indecency.
However, Art 201 enumerates what are
considered as obscene literature or
immoral or indecent plays, scenes or
acts:
a. those w/c glorify criminals or condone
crimes
b. those w/c serve no other purpose but
to satisfy the market for violence, lust
or pornography
c. those w/c offend against any race or
religion
d. those w/c tend to abet the traffic in
and the use of prohibited drugs
e. those that are contrary to law, public
order, morals, good customs,
established policies, lawful orders,
decrees and edicts
Mere nudity in paintings and pictures is
not obscene
Pictures w/ a slight degree of obscenity
having no artistic value and intended for
commercial purposes fall within this
article
Publicity is an essential element
Art. 202. Vagrants and prostitutes; penalty The
following are vagrants:
1. Any person having no apparent means of
subsistence, who has the physical ability to
work and who neglects to apply himself or
herself to some lawful calling;
2. Any person found loitering about public or
semi-public buildings or places or trampling
44
or wandering about the country or the streets
without visible means of support;
3. Any idle or dissolute person who ledges 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;
5. Prostitutes.
For the purposes of this article, women who, for
money or profit, habitually indulge in sexual
intercourse or lascivious conduct, are deemed to be
prostitutes.
Any person found guilty of any of the offenses
covered by this articles shall be punished by arresto
menor or a fine not exceeding 200 pesos, and in case
of recidivism, by arresto mayor in its medium period to
prision correccional in its minimum period or a fine
ranging from 200 to 2,000 pesos, or both, in the
discretion of the court.
WHO ARE CONSIDERED VAGRANTS:
1. Those who have no apparent means of
subsistence and who have the physical
ability to work yet neglect to apply
themselves to some useful calling
2. Persons found loitering around public and
semi-public places without visible means
of support
3. Persons tramping or wandering around
the country or the streets with no visible
means of support
4. Idle or dissolute persons lodging in
houses of ill-fame
5. Ruffians or pimps and those who
habitually associate with prostitutes (may
include even the rich)
6. Persons found loitering in inhabited or
uninhabited places belonging to others,
without any lawful or justifiable reason
provided the act does not fall within any
other article of the RPC
If fenced and with Trespass to dwelling
prohibition of entry
If fenced and entered to Attempted theft
hunt/fish
If not fenced and with no Vagrancy
prohibition of entry
Who are considered prostitutes refer to
women who habitually indulge in sexual
intercourse or lascivious conduct for
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money or profit (if a man indulges in the
same conduct: vagrancy)
TITLE SEVEN
CRIMES COMMITTED BY PUBLIC
OFFICERS
CHAPTER 1: PRELIMINARY PROVISIONS
Art. 203. Who are public officers For the purpose
of applying the provisions of this and the preceding
titles of this book, any person who, by direct provision
of the law, popular election or appointment by
competent authority, shall take part in the
performance of public functions in the Government of
the Philippine Islands, of shall perform in said
Government or in any of its branches public duties as
an employee, agent or subordinate official, of any
rank or class, shall be deemed to be a public officer.
WHO ARE PUBLIC OFFICERS:
1. Takes part in the performance of public
functions in the Government, or
2. Performs public duties as an employee,
agent or subordinate official in the govt or
any of its branches
NOTES:
1. Public officer must derive his authority
from:
2. direct provision of law
3. popular election
4. appointment by competent authority
5. Public officers: embraces every public
servant from the lowest to the highest
rank
6. A government laborer is not a public
officer. However, temporary performance
by a laborer of public functions makes
him a public officer
7. Misfeasance: means improper
performance of an act which might be
properly be performed
8. Malfeasance: means performance of an
act which ought not to be done
9. Nonfeasance: means omission of an act
which ought to be done
CHAPTER 2: MALFEASANCE AND
MISFEASANCE IN OFFICE
Section 1 Dereliction of duty
Art. 204. Knowingly rendering unjust judgment
Any judge who shall knowingly render an unjust
45
judgment in any case submitted to him for decision,
shall be punished by prision mayor and perpetual
absolute disqualification.
Malfeasance Doing of an act which a public officer
should not have done
Misfeasance Improper doing of an act which a
person might lawfully do
Nonfeasance Failure of an agent to perform his
undertaking for the principal
ELEMENTS OF KNOWINGLY RENDERING
AN UNJUST JUDGMENT:
1. Offender is a judge
2. Renders a judgment in the case
submitted to him for judgment
3. Judgment is unjust
4. Knowledge that the decision is unjust
NOTES:
1. Judgment: is a final consideration and
determination by a court of competent
jurisdiction of the issues submitted to it in
an action or proceeding
2. Unjust judgment: one which is contrary to
law, or not supported by the evidence, or
both
3. An unjust judgment may result from:
a) There must be evidence that the decision
rendered is unjust. It is not presumed
b) Abuse of discretion or mere error of
judgment cannot likewise serve as basis
for rendering an unjust judgment in the
absence of proof or even an allegation of
bad faith (motive or improper
consideration).
4. error (with bad faith)
5. ill-will or revenge
6. bribery
Art. 205. Judgment rendered through negligence
Any judge who, by reason of inexcusable
negligence or ignorance shall render a manifestly
unjust judgment in any case submitted to him for
decision shall be punished by arresto mayor and
temporary special disqualification.
ELEMENTS:
1. Offender is a judge
2. Renders a judgment in a case submitted
to him for decision
3. Judgment is manifestly unjust
4. Due to inexcusable negligence or
ignorance
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Manifestly unjust judgment: one that is so
contrary to law that even a person having
meager knowledge of the law cannot
doubt the injustice
Art. 206. Unjust interlocutory order Any judge
who shall knowingly render an unjust interlocutory
order or decree shall suffer the penalty of arresto
mayor in its minimum period and suspension; but if he
shall have acted by reason of inexcusable negligence
or ignorance and the interlocutory order or decree be
manifestly unjust, the penalty shall be suspension.
ELEMENTS:
1. That the offender is a judge.
2. That he performs any of the following
acts:
a. knowingly renders unjust interlocutory
order or decree, or
b. renders a manifestly unjust
interlocutory order or decree through
inexcusable negligence or ignorance.
Interlocutory order: one issued by the
court deciding a collateral or incidental
matter. It is not a final determination of
the issues of the action or proceeding
Art. 207. Malicious delay in the administration of
justice The penalty of prision correccional in its
minimum period shall be imposed upon any judge
guilty of 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.
Mere delay without malice is not
punishable
Art. 208. Prosecution of offenses; negligence and
tolerance The penalty of prision correccional in its
minimum period and suspension shall be imposed
upon any public officer, or officer of the law, who, in
dereliction of the duties of his office, shall maliciously
refrain from instituting prosecution for the punishment
of violators of the law, or shall tolerate the
commission of offenses.
ELEMENTS:
46
1. That the offender is a public officer or
officer of the law who has a duty to cause
the prosecution of, or to prosecute
offenses.
2. That there is dereliction of the duties of
his office, that is, knowing the commission
of the crime, he does not cause (a) the
prosecution of the criminal (People vs.
Rosales, G.R. no. 42648) or (b) knowing
that a crime is about to be committed he
tolerates its commission (if gift/promise is
a consideration for his conduct: direct
bribery)
3. That the offender acts with malice and
deliberate intent to favor the violator of
the law.
PREVARICACION: negligence and
tolerance in the prosecution of an offense
There must be a duty on the part of the
public officer to prosecute or move for the
prosecution of the offender. Note
however, that a fiscal is under no
compulsion to file an information based
upon a complaint if he is not convinced
that the evidence before him does not
warrant filing an action in court
The crime must be proved first before an
officer can be convicted of dereliction of
duty
A public officer who harbors, conceals, or
assists in the escape of an offender,
when it is his duty to prosecute him is
liable as principal in the crime of
dereliction of duty in the prosecution of
offenses. He is not an accessory
Article not applicable to revenue officers
Art. 209. Betrayal of trust by an attorney or
solicitor Revelation of secrets. In addition to
the proper administrative action, the penalty of prision
correccional in its minimum period, or a fine ranging
from 200 to 1,000 pesos, or both, shall be imposed
upon any attorney-at-law or solicitor ( procurador
judicial) who, by any malicious breach of professional
duty or of inexcusable negligence or ignorance, shall
prejudice his client, or reveal any of the secrets of the
latter learned by him in his professional capacity.
The same penalty shall be imposed upon an attorney-
at-law or solicitor (procurador judicial) who, having
undertaken the defense of a client or having received
confidential information from said client in a case,
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shall undertake the defense of the opposing party in
the same case, without the consent of his first client.
ELEMENTS (not necessarily a public officer
although all lawyers are officers of the court):
1. Causing damage to client (prejudice is
essential) either
a. by any malicious breach of
professional duty, or
b. by inexcusable negligence or
ignorance.
2. Revealing any of the secrets of his client
learned by him in his professional
capacity (damage not necessary)
3. Undertaking the defense of the opposing
party of the 1st client and/or having
received confidential information from the
latter and without the latters consent
(damage not necessary)
Section 2 - Bribery
Art. 210. Direct bribery Any public officer who
shall agree to perform an act constituting a crime, in
connection with the performance of this official duties,
in consideration of any offer, promise, gift or present
received by such officer, personally or through the
mediation of another, shall suffer the penalty of
prision mayor in its medium and maximum periods
and a fine [of not less than the value of the gift and]
not less than three times the value of the gift in
addition to the penalty corresponding to the crime
agreed upon, if the same shall have been committed.
If the gift was accepted by the officer in consideration
of the execution of an act which does not constitute a
crime, and the officer executed said act, he shall
suffer the same penalty provided in the preceding
paragraph; and if said act shall not have been
accomplished, the officer shall suffer the penalties of
prision correccional, in its medium period and a fine of
not less than twice the value of such gift.
If the object for which the gift was received or
promised was to make the public officer refrain from
doing something which it was his official duty to do,
he shall suffer the penalties of prision correccional in
its maximum period and a fine [of not less than the
value of the gift and] not less than three times the
value of such gift.
In addition to the penalties provided in the preceding
paragraphs, the culprit shall suffer the penalty of
special temporary disqualification.
The provisions contained in the preceding paragraphs
shall be made applicable to assessors, arbitrators,
appraisal and claim commissioners, experts or any
other persons performing public duties. (As amended
47
by Batas Pambansa Blg. 872, June 10, 1985).
ELEMENTS:
1. That the offender be a public officer within
the scope of Art 203
2. That the offender accepts an offer or
promise or receives a gift or present by
himself or through another
3. That such offer or promise be accepted or
gift/present received by the public officer
(mere agreement consummates the
crime)
a. with a view to committing some crime
(delivery of consideration is not
necessary) or
b. in consideration of an execution if an
act which does not constitute a crime,
but the act must be unjust (delivery of
consideration is necessary), or
c. to refrain from doing something which
is his official duty to do
4. That the act which the offender agrees to
perform or which he executes be
connected with the performance of his
official duties
For purposes of this article, temporary
performance of public functions is
sufficient to constitute a person a public
officer. A private person may commit this
crime only in the case in which custody of
prisoners is entrusted to him
Applicable also to assessors, arbitrators,
appraisal and claim commissioners,
experts or any other person performing
public duties
Cannot be frustrated, only attempted or
consummated.
Bribery exists when the gift is:
a. voluntarily offered by a private person
b. solicited by the public officer and
voluntarily delivered by the private
person
c. solicited by the public officer but the
private person delivers it out of fear of
the consequences should the public
officer perform his functions (here the
crime by giver is not corruption of
public officials due to involuntariness).
Actual receipt of the gift is not necessary.
An accepted offer or promise of a gift is
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sufficient. However, if the offer is not
accepted, only the person offering the gift
is liable for attempted corruption of a
public officer
The gift must have a value or capable of
pecuniary estimation. It could be in the
form of money, property or services
If the act required of the public officer
amounts to a crime and he commits it, he
shall be liable for the penalty
corresponding to the crime
The third type of bribery and
prevaricacion (art 208) are similar
offenses, both consisting of omissions to
do an act required to be performed. In
direct bribery however, a gift or promise is
given in consideration of the omission.
This is not necessary in prevaricacion
Bribery (210) Robbery (294)
When the victim has When the victim did not
committed a crime and commit a crime and he is
gives money/gift to avoid intimidated with arrest
arrest or prosecution. and/or prosecution to
deprive him of his personal
property.
Victim parts with his Victim is deprived of his
money or property money or property by force
voluntarily. or intimidation.
ANTI-GRAFT AND CORRUPT PRACTICES
ACT
RA 3019
I. PERSONS LIABLE:
1. Any public officer who shall perform any
of the following acts:
a) Persuading, inducing or influencing
another public officer to perform an act
constituting a violation of rules and
regulations duly promulgated by
competent authority or an offense in
connection with the official duties of the
latter, or allowing himself to be
persuaded, induced, or influenced to
commit such violation or offense.
b) Directly or indirectly requesting or
receiving any gift, present, share,
percentage, or benefit for himself or for
any other person in connection with any
contract or transaction between the
government and any other party wherein
48
the public officer in his official capacity
has to intervene under the law.
c) Directly, or indirectly requesting or
receiving any gift, present, or other
pecuniary or material benefit, for himself
or for another, from any person for whom
the public officer, in any manner of
capacity, has secured or obtained, or will
secure or obtain, any Government permit
or license, in consideration for the held
given or to be given.
d) Accepting or having any member of his
family accept employment in a private
enterprise which has pending official
business with him during the pendency
thereof or within one year after its
termination.
e) Causing any undue injury to any party,
including the Government, or giving any
private party any unwarranted benefits,
advantage, or preference in the discharge
of his official, administrative or judicial
function through manifest partiality,
evident bad faith or gross inexcusable
negligence. This provision shall apply to
officers and employees of offices or
government corporations charged with
the grant of licenses or permits or other
concessions.
f) Neglecting or refusing, after due demand
or request, without sufficient justification,
to act within a reasonable time on any
matter pending before him for the
purpose of obtaining directly or indirectly,
from any person interested in the matter
some pecuniary or material benefit or
advantage, or for the purpose of favoring
his own interest of 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.
h) Directly or indirectly having financial or
pecuniary interest in any business,
contract or transaction in connection with
which he intervenes or take part in his
official capacity, or in which he is
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prohibited by the constitution or by any
law from having any interest.
i) Directly or indirectly becoming interested,
for personal gain, or having a material
interest in any transaction or act requiring
the approval of a board, panel, or group
of which he is a member, and which
exercises discretion in such approval,
even if he votes against the same or does
not participate in the action of the board,
committee, panel or group.
j) Knowingly approving or granting any
license, permit, privilege, or benefit in
favor of any person not qualified for or not
legally entitled to such license, permit,
privilege, or advantage, or of a mere
representative or dummy of one who is
not so qualified or entitled.
k) Divulging valuable information of a
confidential character, acquired by his
office or by him on account of his official
position to unauthorized persons, or
releasing such information in advance of
its authorized release date.
2. Any person having family or close
personal relation with any public official
who shall capitalize or exploit or take
advantage of such family or close
personal relation by directly or indirectly
requesting or receiving any present, gift,
or material, or pecuniary advantage from
any person having some business,
transaction, application, request, or
contact with the government in which
such public official has to intervene (Sec.
4)
3. Any person who shall knowingly induce or
cause any public official to commit any of
the offenses under (A). (Sec. 4)
4. Spouse or any relative, by consanguinity
or affinity, within the 3rd civil degree, of the
president of the Philippines, the vice-
president, the president of the Senate, or
speaker of the house of Representatives,
who shall intervene, directly or indirectly,
in any business transaction, contract or
application with the govt (Sec. 5).
This prohibition shall not apply to:
1. Any person who, prior to the
assumption of office of any of the
above officials to whom he is related,
49
has been already dealing with the
govt along the same line of business;
2. Any transaction, contract or
application already existing or pending
at the time of such assumption of
public office;
3. Any application filed by him, the
approval of which is not discretionary
on the part of the official(s) concerned
but depends upon compliance with
requisites provided by law, or rules or
regulations issued pursuant to law;
4. Any act lawfully performed an official
capacity or in the exercise of a
profession.
5. Any member of congress, during the
term for which he has been elected,
who shall acquire or receive any
personal pecuniary interest in any
specific business enterprise which
shall be directly and particularly
favored or benefited by any law or
resolution authored by him previously
approved or adopted by Congress
during his term.
6. Any public officer who shall fail to file
a true, detailed and sworn statement
of assets and liabilities within 30 days
after assuming office and thereafter
on or before the 15th day of April
following the close of every calendar
year, as well as upon the expiration of
his term of office, or upon his
resignation or separation from office
(Sec. 7).
II. Prima Facie Evidence of and
Dismissal due to unexplained Wealth
(Sec. 8)
If a public official has been found to have
acquired during his incumbency, whether
in his name or in the name of other
persons, an amount of property and/or
money manifestly out of proportion to his
salary and to his other lawful income.
Properties in the name of the spouse and
dependents of such public official may be
taken into consideration, when their
acquisition through legitimate means
cannot be satisfactorily shown.
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Bank deposits in the name of or
manifestly excessive expenditures
incurred by the public official, his spouse
or any of their dependents including but
not limited to activities in any club or
association or any ostentatious display of
wealth including frequent travel abroad of
a non-official character by any public
official when such activities entail
expenses evidently out of proportion to
legitimate income.
III. Competent court: All prosecutions
under this Act shall be within the
original jurisdiction of the
Sandiganbayan (Sec. 10).
IV. Prescription of offenses: all offenses
punishable under this Act shall
prescribe in 15 years (Sec. 11).
V. Exceptions: Unsolicited gifts or
presents of small or insignificant value
offered or given as a mere ordinary
token of gratitude of friendship
according to local customs or usage,
shall be excepted from the provisions
of this act (Sec. 14).
Art. 211. Indirect bribery The penalties of prision
correccional in its medium and maximum periods, and
public censure shall be imposed upon any public
officer who shall accept gifts offered to him by reason
of his office. (As amended by Batas Pambansa Blg.
872, June 10, 1985).
ELEMENTS:
1. That the offender is a public officer.
2. That he accepts gifts.
3. That the said gifts are offered to him by
reason of his office.
The gift is given in anticipation of future
favor from the public officer
There must be clear intention on the part of
the public officer to take the gift offered and
consider the property as his own for that
moment. Mere physical receipt
unaccompanied by any other sign,
circumstance or act to show such
acceptance is not sufficient to convict the
officer
There is no attempted or frustrated indirect
bribery
The principal distinction between direct and
indirect bribery is that in the former, the
50
officer agrees to perform or refrain from
doing an act in consideration of the gift or
promise. In the latter case, it is not
necessary that the officer do any act. It is
sufficient that he accepts the gift offered by
reason of his office
Public officers receiving gifts and private
persons giving gifts on any occasion,
including Christmas are liable under PD 46.
The criminal penalty or imprisonment is
distinct from the administrative penalty of
suspension from the service
ELEMENTS OF QUALIFIED BRIBERY
1. Public officer entrusted with law
enforcement
2. Refrains from arresting/prosecuting
offender for crime punishable by reclusion
perpetua and/or death
3. (if lower penalty than stated above, the
crime is direct bribery)
4. In consideration of any offer, promise or
gift
Art. 212. Corruption of public officials The same
penalties imposed upon the officer corrupted, except
those of disqualification and suspension, shall be
imposed upon any person who shall have made the
offers or promises or given the gifts or presents as
described in the preceding articles.
ELEMENTS:
1. That the offender makes offers or
promises or gives gifts or present to a
public officer.
2. That the offers or promises are made or
the gifts or presents given to a public
officer, under circumstances that will
make the public officer liable for direct
bribery or indirect bribery
The offender is the giver of the gift or the
offeror of the promise. The act may or may
not be accomplished
Under PD 749, givers of bribes and other
gifts as well as accomplices in bribery and
other graft cases are immune from
prosecution under the following
circumstances:
a. information refers to consummated
violations
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b. necessity of the information or
testimony
c. the information and testimony are not
yet in the possession of the State
d. information and testimony can be
corroborated on its material points
e. informant has been previously
convicted of a crime involving moral
turpitude
See the Anti-graft and Corrupt Practices Act
CHAPTER 3: FRAUDS AND ILLEGAL
EXTRACTIONS AND TRANSACTIONS
Art. 213. Frauds against the public treasury and
similar offenses The penalty of prision
correccional in its medium period to prision mayor in
its minimum period, or a fine ranging from 200 to
10,000 pesos, or both, shall be imposed upon any
public officer who:
1. In his official capacity, 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, shall enter into an
agreement with any interested party or
speculator or make use of any other
scheme, to defraud the Government;
2. Being entrusted with the collection of taxes,
licenses, fees and other imposts, shall be
guilty or any of the following acts or
omissions:
(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 him 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.
When the culprit is an officer or employee of the
Bureau of Internal Revenue or the Bureau of
Customs, the provisions of the Administrative Code
shall be applied.
ELEMENTS OF FRAUDS AGAINST
PUBLIC TREASURY:
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 (a) furnishing supplies (b) the
making of contracts, or (c) the adjustment
51
or settlement of account relating to a
public property or funds.
4. That the accused had intent to defraud
the government.
The public officer must act in his official
capacity
The felony is consummated by merely
entering into an agreement with any
interested party or speculator or by merely
making use of any scheme to defraud the
Government
ELEMENTS OF ILLEGAL EXACTIONS:
1. The offender is a public officer entrusted
with the collection of taxes, licenses, fees
and other imposts.
2. He is guilty of any of the following acts or
omissions:
a. demanding, directly or indirectly the
payment of sums different from or
larger than those authorized by law, or
b. failing voluntarily to issue a receipt, as
provided by law, for any sum of
money collected by him officially, or
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 of a larger or different
amount is sufficient to consummate the
crime. The essence is the improper
collection (damage to govt is not
required)
If sums are received without demanding
the same, a felony under this article is not
committed. However, if the sum is given
as a sort of gift or gratification, the crime
is indirect bribery
When there is deceit in demanding larger
fees, the crime committed is estafa
May be complexed with malversation
Officers and employees of the BIR or
Customs are not covered by the article
The NIRC of Administrative Code is the
applicable law
Art. 214. Other frauds In addition to the penalties
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prescribed in the provisions of Chapter Six, Title Ten,
Book Two, of this Code, the penalty of temporary
special disqualification in its maximum period to
perpetual special disqualification shall be imposed
upon any public officer who, taking advantage of his
official position, shall commit any of the frauds or
deceits enumerated in said provisions.
ELEMENTS:
1. That the offender is a public officer.
2. That he takes advantage of his official
position.
3. That he commits any of the frauds or
deceits enumerated in art. 315 and 316.
(estafa; swindling)
Note: RTC has jurisdiction over the offense
because the principal penalty is
disqualification
Art. 215. Prohibited transactions The penalty of
prision correccional in its maximum period or a fine
ranging from 200 to 1,000 pesos, or both, shall be
imposed upon any appointive public officer who,
during his incumbency, shall directly or indirectly
become interested in any transaction of exchange or
speculation within the territory subject to his
jurisdiction.
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.
Examples of transactions of exchange or
speculation are: buying and selling
stocks, commodities, land etc wherein
one hopes to take advantage of an
expected rise or fall in price
Purchasing of stocks or shares in a
company is simple investment and not a
violation of the article. However, regularly
buying securities for resale is speculation
Art. 216. Possession of prohibited interest by a
public officer The penalty of arresto mayor in its
medium period to prision correccional in its minimum
period, or a fine ranging from 200 to 1,000 pesos, or
both, shall be imposed upon a public officer who
directly or indirectly, shall become interested in any
contract or business in which it is his official duty to
intervene.
52
This provisions is applicable to experts, arbitrators
and private accountants who, in like manner, shall
take part in any contract or transaction connected with
the estate or property in appraisal, distribution or
adjudication of which they shall have acted, and to the
guardians and executors with respect to the property
belonging to their wards or estate.
WHO ARE LIABLE:
1. Public officer in any contract or
business in which it is his official duty to
intervene.
2. Experts, arbitrators and private
accountants in any contract or
transaction connected with the estate or
property in the approval, distribution or
adjudication of which they had acted.
3. Guardians and executors with respect
to property belonging to their wards or the
estate.
NOTES:
a. Actual fraud is not necessary.
b. Act is punished because of the possibility
that fraud may be committed or that the
officer may place his own interest above
that of the Government or party which he
represents
AN ACT DEFINING AND PENALIZING THE
CRIME OF PLUNDER
RA 7080
1. Definition of Ill-gotten wealth:
Any asset, property, business enterprise or
material possession of any person acquired
by him directly or indirectly through dummies,
nominees, agents, subordinates, and/or
business associates by any combination or
series of the following means or similar
schemes:
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,
kickbacks or any other form of
pecuniary benefit from any person
and/or entity in connection with any
government contract or project or by
reason of the office or position of the
public officer concerned;
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3) By the illegal or fraudulent
conveyance or disposition of assets
belonging to the National Government
or any of its subdivisions, agencies or
instrumentalities or government-
owned or controlled corporations and
their subsidiaries;
4) By obtaining, receiving or accepting,
directly or indirectly, any shares of
stock, equity or any other form of
interest or participation, including the
promise of future employment in any
business enterprise or undertaking.
5) By establishing agricultural, industrial
or commercial monopolies or other
combinations, and/or implementation
of decrees and orders intended to
benefit particular persons or special
interests;
6) By taking undue advantage of official
position, authority, relationship,
connection or influence to unjustly
enrich himself or themselves at the
expense and to the damage or
prejudice of the Filipino people and
the Republic of the Philippines.
2. Persons Liable:
1) Any public officer who, by himself or in
connivance with members of his
family, relatives by affinity or
consanguinity, business associates
and subordinates or other persons,
amasses, accumulates, or acquires ill-
gotten wealth through a combination
or series of overt or criminal acts as
described under (I) in the aggregate
amount or total value of at least 50
million pesos, shall be guilty of the
crime of plunder (as amended by RA
7659).
2) Any person who participated with the
said public officer in the commission
of plunder.
3. Jurisdiction: All prosecutions under this At
shall be within the original jurisdiction of
the Sandiganbayan.
4. Rule of Evidence:
For purposes of establishing the crime of
plunder, it shall not be necessary to prove
each and every criminal act done by the
53
accused in furtherance of the scheme and
conspiracy to amass, accumulate or acquire
ill-gotten wealth, it being sufficient to establish
beyond reasonable doubt a pattern of overt
or criminal acts indicative of the overall
unlawful scheme or conspiracy.
5. Prescription of Crime:
The crime of plunder shall prescribe in 20
years. However, the right of the State to
recover properties unlawfully acquired by
public officers from them or from their
nominees or transferees shall not be barred
by prescription, laches or estoppel.
CHAPTER 4: MALVERSATION OF PUBLIC FUNDS
OR PROPERTY
Art. 217. Malversation of public funds or property;
Presumption of malversation Any public officer
who, by reason of the duties of his office, is
accountable for public funds or property, shall
appropriate the same or shall take or misappropriate
or shall consent, through abandonment or negligence,
shall permit any other person to take such public
funds, or property, wholly or partially, or shall
otherwise be guilty of the misappropriation or
malversation of such funds or property, shall suffer:
1. The penalty of prision correccional in its medium
and maximum periods, if the amount involved in the
misappropriation or malversation does not exceed two
hundred pesos.
2. The penalty of prision mayor in its minimum and
medium periods, if the amount involved is more than
two hundred pesos but does not exceed six thousand
pesos.
3. The penalty of prision mayor in its maximum period
to reclusion temporal in its minimum period, if the
amount involved is more than six thousand pesos but
is less than twelve thousand pesos.
4. The penalty of reclusion temporal, in its medium
and maximum periods, if the amount involved is more
than twelve thousand pesos but is less than twenty-
two thousand pesos. If the amount exceeds the latter,
the penalty shall be reclusion temporal in its
maximum period to reclusion perpetua.
In all cases, persons guilty of malversation shall also
suffer the penalty of perpetual special disqualification
and a fine equal to the amount of the funds malversed
or equal to the total value of the property embezzled.
The failure of a public officer to have duly forthcoming
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any public funds or property with which he is
chargeable, upon demand by any duly authorized
officer, shall be prima facie evidence that he has put
such missing funds or property to personal use. (As
amended by RA 1060).
ELEMENTS:
1. That the offender be a public officer (or
private person if entrusted with public
funds or connived with public officers)
2. That he had the custody or control of
funds or property (if not accountable for
the funds, theft or qualified theft)
3. That those funds or property were public
funds or property (even if private funds if
attached, seized, deposited or
commingled with public funds)
4. That he:
a. Appropriated the funds or property
b. Took or misappropriated them
c. Consented or, through abandonment
or negligence, permitted any other
person to take such public funds or
property. (it is not necessary that the
offender profited thereby. His being
remiss in the duty of safekeeping
public funds violates the trust
reposed)
Malversation is otherwise called
embezzlement
It can be committed either with malice or
through negligence or imprudence
In determining whether the offender is a
public officer, what is controlling is the
nature of his office and not the
designation
The funds or property must be received in
an official capacity. Otherwise, the crime
committed is estafa
When a public officer has official custody
or the duty to collect or receive funds due
the government, or the obligation to
account for them, his misappropriation of
the same constitutes malversation
A public officer who has qualified charge
of govt property without authority to part
with its physical possession upon order of
an immediate superior, he cannot be held
liable under this article
Private individuals can also be held liable
for malversation under 2 circumstances:
54
a. when they are in conspiracy with
public officers; and
b. when they have charge of national,
provincial or municipal funds,
revenues or property in any capacity
In malversation through negligence, the
negligence of the accountable public
officer must be positively and clearly
shown to be inexcusable, approximating
fraud or malice
The measure of negligence to be
observed is the standard of care
commensurate with the occasion
When malversation is not committed
through negligence, lack of criminal intent
or good faith is a defense
The failure of a public officer to have any
duly forthcoming public funds or property
upon demand, by any authorized officer,
shall be prima facie evidence that he has
put such missing funds or property to
personal use. However, if at the very
moment when the shortage is discovered,
the accountable officer is notified, and he
immediately pays the amount from his
pocket, the presumption does not arise
Returning the embezzled funds is not
exempting, it is only mitigating
There is also no malversation when the
accountable officer is obliged to go out of
his office and borrow the amount
corresponding to the shortage and later,
the missing amount is found in an
unaccustomed place
A person whose negligence made
possible the commission of malversation
by another can be held liable as a
principal by indispensable cooperation
Demand as well as damage to the
government are not necessary elements
Malversation (217) Estafa with Abuse of
Confidence (315)
Funds or property usually public Funds/property are
always private
Offender is usually a public Offender is a private
officer who is accountable for individual or even a
the public funds/property public officer who is
not accountable for
public funds/property
Crime is committed by Crime is committed by
approaching, taking, or misappropriating,
misappropriating/consenting, or converting, or denying
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through abandonment or having received
negligence, permitting any other money, goods or other
person to take the public personal property
funds/property
Art. 218. Failure of accountable officer to render
accounts Any public officer, whether in the service
or separated therefrom by resignation or any other
cause, who is required by law or regulation to render
account to the Insular Auditor, or to a provincial
auditor and who fails to do so for a period of two
months after such accounts should be rendered, shall
be punished by prision correccional in its minimum
period, or by a fine ranging from 200 to 6,000 pesos,
or both.
ELEMENTS:
1. That the offender is a public officer,
whether in the service or separated
therefrom.
2. That he must be an accountable officer
for public funds property.
3. That he is required by law or regulation to
render accounts to the commission on
audit, or to a provincial auditor.
4. That he fails to do so for a period of two
months after such accounts should be
rendered.
Note: Demand and misappropriation are not
necessary
Art. 219. Failure of a responsible public officer to
render accounts before leaving the country Any
public officer who unlawfully leaves or attempts to
leave the Philippine Islands without securing a
certificate from the Insular Auditor showing that his
accounts have been finally settled, shall be punished
by arresto mayor, or a fine ranging from 200 to 1,000
pesos or both.
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 must have unlawfully left (or be
on the point of leaving) the Philippines
without securing from the Commission on
Audit a certificate showing that his
accounts have been finally settled.
Note: The act of leaving the Philippines must
be unauthorized or not permitted by law
Art. 220. Illegal use of public funds or property
Any public officer who shall apply any public fund or
property under his administration to any public use
other than for which such fund or property were
appropriated by law or ordinance shall suffer the
55
penalty of prision correccional in its minimum period
or a fine ranging from one-half to the total of the sum
misapplied, if by reason of such misapplication, any
damages or embarrassment shall have resulted to the
public service. In either case, the offender shall also
suffer the penalty of temporary special
disqualification.
If no damage or embarrassment to the public service
has resulted, the penalty shall be a fine from 5 to 50
per cent of the sum misapplied.
ELEMENTS (technical malversation):
1. That the offender is a public officer.
2. That there is public fund or property under
his administration.
3. That such public fund or property has
been appropriated by law or ordinance
(without this, it is simple malversation
even if applied to other public purpose).
4. That he applies the same to a public use
other than for which such fund or property
has been appropriated by law or
ordinance.
To distinguish this article with Art 217, just
remember that in illegal use of public
funds or property, the offender does not
derive any personal gain, the funds are
merely devoted to some other public use
Absence of damage is only a mitigating
circumstance
Art. 221. Failure to make delivery of public funds
or property Any public officer under obligation to
make payment from Government funds in his
possession, who shall fail to make such payment,
shall be punished by arresto mayor and a fine from 5
to 25 per cent of the sum which he failed to pay.
This provision shall apply to any public officer who,
being ordered by competent authority to deliver any
property in his custody or under his administration,
shall refuse to make such delivery.
The fine shall be graduated in such case by the value
of the thing, provided that it shall not less than 50
pesos.
ELEMENTS:
1. Offender has govt funds or property in his
possession
2. He is under obligation to either:
a. make payment from such funds
b. to deliver property in his custody or
administration when ordered by
competent authority
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3. He maliciously fails or refuses to do so
Note: Penalty is based on value of
funds/property to be delivered
Art. 222. Officers included in the preceding
provisions The provisions of this chapter shall
apply to private individuals who in any capacity
whatever, have charge of any insular, provincial or
municipal funds, revenues, or property and to any
administrator or depository of funds or property
attached, seized or deposited by public authority,
even if such property belongs to a private individual.
PERSONS WHO MAY BE HELD LIABLE
UNDER ARTS 217 TO 221:
1. Private individual who, in any capacity,
have charge of any national, provincial or
municipal funds, revenue, or property
2. Administrator or depositary of funds or
property that has been attached, seized
or deposited by public authority, even if
owned by a private individual
Sheriffs and receivers fall under the term
administrator
A judicial administrator in charge of
settling the estate of the deceased is not
covered by the article
CHAPTER 5: INFIDELITY OF PUBLIC OFFICERS
Section 1 Infidelity in the custody of
prisoners
Art. 223. Conniving with or consenting to evasion
Any public officer who shall consent to the escape
of a prisoner in his custody or charge, shall be
punished:
1. By prision correccional in its medium and maximum
periods and temporary special disqualification in its
maximum period to perpetual special disqualification,
if the fugitive shall have been sentenced by final
judgment to any penalty.
2. By prision correccional in its minimum period and
temporary special disqualification, in case the fugitive
shall not have been finally convicted but only held as
a detention prisoner for any crime or violation of law
or municipal ordinance.
ELEMENTS:
1. That the offender is a public officer (on
duty).
56
2. That he is charged with the conveyance
or custody of a prisoner, either detention
prisoner or prisoner by final judgment.
3. That such prisoner escaped from his
custody
4. That he was in connivance with the
prisoner in the latters escape
Detention prisoner: refers to a person in
legal custody, arrested for and charged
with some crime or public offense
The release of a detention prisoner who
could not be delivered to judicial
authorities within the time fixed by law is
not infidelity in the custody of a prisoner.
Neither is mere leniency or laxity in the
performance of duty constitutive of
infidelity
There is real and actual evasion of
service of sentence when the custodian
permits the prisoner to obtain a relaxation
of his imprisonment
Art. 224. Evasion through negligence If the
evasion of the prisoner shall have taken place through
the negligence of the officer charged with the
conveyance or custody of the escaping prisoner, said
officer shall suffer the penalties of arresto mayor in its
maximum period to prision correccional in its
minimum period and temporary special
disqualification.
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 judgment.
3. That such prisoner escapes through his
negligence.
4. Penalty based on nature of imprisonment
The article punishes a definite laxity
which amounts to deliberate non-
performance of a duty
The fact that the public officer recaptured
the prisoner who had escaped from his
custody does not afford complete
exculpation
The liability of an escaping prisoner:
a. if he is a prisoner by final judgment,
he is liable for evasion of service (art
157)
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b. if he is a detention prisoner, he does
not incur criminal liability (unless
cooperating with the offender).
Art. 225. Escape of prisoner under the custody of
a person not a public officer Any private person
to whom the conveyance or custody or a prisoner or
person under arrest shall have been confided, who
shall commit any of the offenses mentioned in the two
preceding articles, shall suffer the penalty next lower
in degree than that prescribed for the public officer.
ELEMENTS:
1. That the offender is a private person
(note: must be on duty)
2. That the conveyance or custody of a
prisoner or person under arrest is
confined to him.
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
NOTE: This article is not applicable if a
private person made the arrest and he
consented to the escape of the person he
arrested
Section 2 Infidelity in the custody of
document
Art. 226. Removal, concealment or destruction of
documents Any public officer who shall remove,
destroy or conceal documents or papers officially
entrusted to him, shall suffer:
1. The penalty of prision mayor and a fine not
exceeding 1,000 pesos, whenever serious damage
shall have been caused thereby to a third party or to
the public interest.
2. The penalty of prision correccional in its minimum
and medium period and a fine not exceeding 1,000
pesos, whenever the damage to a third party or to the
public interest shall not have been serious.
In either case, the additional penalty of temporary
special disqualification in its maximum period to
perpetual disqualification shall be imposed.
ELEMENTS:
1. That the offender be a public officer.
2. That he abstracts, destroys or conceals a
document or papers.
57
3. That the said document or paper 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 caused.
The document must be complete and one
by which a right could be established or
an obligation could be extinguished
Books, periodicals, pamphlets etc are not
documents
Papers would include checks,
promissory notes and paper money
A post office official who retained the mail
without forwarding the letters to their
destination is guilty of infidelity in the
custody of papers
Removal of a document or paper must be
for an illicit purpose. There is illicit
purpose when the intention of the
offender is to:
a. tamper with it
b. to profit by it
c. to commit any act constituting a
breech of trust in the official thereof
Removal is consummated upon removal
or secreting away of the document from
its usual place. It is immaterial whether or
not the illicit purpose of the offender has
been accomplished
Infidelity in the custody of documents
through destruction or concealment does
not require proof of an illicit purpose
Delivering the document to the wrong
party is infidelity in the custody thereof
The damage may either be great or small
The offender must be in custody of such
documents
Art. 227. Officer breaking seal Any public officer
charged with the custody of papers or property sealed
by proper authority, who shall break the seals or
permit them to be broken, shall suffer the penalties of
prision correccional in its minimum and medium
periods, temporary special disqualification and a fine
not exceeding 2,000 pesos.
ELEMENTS:
1. That the offender is a public officer.
2. That he is charged with the custody of
papers or property.
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3. That these papers or property are sealed
by proper authority.
4. That he breaks the seals or permits them
to be broken.
It is the breaking of the seals and not the
opening of a closed envelope which is
punished
Damage or intent to cause damage is not
necessary; damage is presumed
Art. 228. Opening of closed documents Any
public officer not included in the provisions of the next
preceding article who, without proper authority, shall
open or shall permit to be opened any closed papers,
documents or objects entrusted to his custody, shall
suffer the penalties or arresto mayor, temporary
special disqualification and a fine of not exceeding
2,000 pesos.
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 proper authority.
NOTE: Damage also not necessary
Section 3 Revelation of secrets
Art. 229. Revelation of secrets by an officer Any
public officer who shall reveal any secret known to
him by reason of his official capacity, or shall
wrongfully deliver papers or copies of papers of which
he may have charge and which should not be
published, shall suffer the penalties of prision
correccional in its medium and maximum periods,
perpetual special disqualification and a fine not
exceeding 2,000 pesos if the revelation of such
secrets or the delivery of such papers shall have
caused serious damage to the public interest;
otherwise, the penalties of prision correccional in its
minimum period, temporary special disqualification
and a fine not exceeding 50 pesos shall be imposed.
ELEMENTS: by reason of his official capacity
1. That the offender is a public officer.
2. That he knows of a secret by reason of
his official capacity.
3. That he reveals such secret without
authority or justifiable reasons.
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4. That damage, great or small, be caused
to the public interest. (damage is
essential)
Secret must affect public interest
Secrets of a private individual is not
included
Espionage for the benefit of another State
is not contemplated by the article. If
regarding military secrets or secrets
affecting state security, the crime may be
espionage.
ELEMENTS; delivering wrongfully papers or
copies of papers of which he may have charge and
which should not be published
1. That the offender is a public officer.
2. That he has charge of papers.
3. That those papers should not be
published.
4. That he delivers those papers or copies
thereof to a third person.
5. That the delivery is wrongful.
6. That damage be caused to public interest.
Charge: means custody or control. If he
is merely entrusted with the papers and
not with the custody thereof, he is not
liable under this article
If the papers contain secrets which should
not be published, and the public officer
having charge thereof removes and
delivers them wrongfully to a third person,
the crime is revelation of secrets. On the
other hand, if the papers do not contain
secrets, their removal for an illicit purpose
is infidelity in the custody of documents
Damage is essential to the act committed
Art. 230. Public officer revealing secrets of private
individual Any public officer to whom the secrets
of any private individual shall become known by
reason of his office who shall reveal such secrets,
shall suffer the penalties of arresto mayor and a fine
not exceeding 1,000 pesos.
ELEMENTS:
1. That the offender is a public officer
2. That he knows of the secret of a private
individual by reason of his office.
3. That he reveals such secrets without
authority or justification reason.
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Revelation to one person is sufficient
If the offender is an attorney, he is
properly liable under Art 209 (betrayal of
trust by an attorney)
Damage to private individual is not
necessary
CHAPTER 6: OTHER OFFENSES OR
IRREGULARITIES BY PUBLIC OFFICERS
Art. 231. Open disobedience Any judicial or
executive officer who shall openly refuse to execute
the judgment, decision or order of any superior
authority made within the scope of the jurisdiction of
the latter and issued with all the legal formalities, shall
suffer the penalties of arresto mayor in its medium
period to prision correccional in its minimum period,
temporary special disqualification in its maximum
period and a fine not exceeding 1,000 pesos.
ELEMENTS:
1. That the offender is a judicial or executive
officer.
2. That there is a judgment, decision or
order of superior authority.
3. That such judgment, decision or order
was made within the scope of the
jurisdiction of the superior authority and
issued with all the legal formalities.
4. That the offender without any legal
justification openly refuses to execute the
said judgment, decision or under which
he is duty bound to obey.
NOTE: Judgment should have been rendered
in a hearing and issued within proper
jurisdiction with all legal solemnities required
Art. 232. Disobedience to order of superior
officers, when said order was suspended by
inferior officer Any public officer who, having for
any reason suspended the execution of the orders of
his superiors, shall disobey such superiors after the
latter have disapproved the suspension, shall suffer
the penalties of prision correccional in its minimum
and medium periods and perpetual special
disqualification.
ELEMENTS:
That the offender is a public officer.
1. That an order is issued by his superior for
execution.
2. That he has for any reason suspended
the execution of such order.
3. That his superior disapproves the
suspension of the execution of the order.
59
4. That the offender disobeys his superior
despite the disapproval of the
suspension.
NOTE: A public officer is not liable if the order
of the superior is illegal
Art. 233. Refusal of assistance The penalties of
arresto mayor in its medium period to prision
correccional in its minimum period, perpetual special
disqualification and a fine not exceeding 1,000 pesos,
shall be imposed upon a public officer who, upon
demand from competent authority, shall fail to lend his
cooperation towards the administration of justice or
other public service, if such failure shall result in
serious damage to the public interest, or to a third
party; otherwise, arresto mayor in its medium and
maximum periods and a fine not exceeding 500 pesos
shall be imposed.
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.
Involves a request from one public officer
to another
Damage to the public interest or third
party is essential
Demand is necessary
Art. 234. Refusal to discharge elective office
The penalty of arresto mayor or a fine not exceeding
1,000 pesos, or both, shall be imposed upon any
person who, having been elected by popular election
to a public office, shall refuse without legal motive to
be sworn in or to discharge the duties of said office.
ELEMENTS:
1. That the offender is elected by popular
election to a public office.
2. That he refuses to be sworn in or
discharge the duties of said office.
3. That there is no legal motive for such
refusal to be sworn in or to discharge the
duties of said office.
NOTE: Even if the person did not run for the
office on his own will as the Constitution
provides that every citizen may be required to
render service
Art. 235. Maltreatment of prisoners The penalty
of arresto mayor in its medium period to prision
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correccional in its minimum period, in addition to his
liability for the physical injuries or damage caused,
shall be imposed upon any public officer or employee
who shall overdo himself in the correction or handling
of a prisoner or detention prisoner under his charge,
by the imposition of punishment not authorized by the
regulations, or by inflicting such punishment in a cruel
and humiliating manner.
If the purpose of the maltreatment is to extort a
confession, or to obtain some information from the
prisoner, the offender shall be punished by prision
correccional in its minimum period, temporary special
disqualification and a fine not exceeding 500 pesos, in
addition to his liability for the physical injuries or
damage caused.
ELEMENTS:
1. That the offender is a public officer or
employee.
2. That he has under charge a prisoner or
detention prisoner (otherwise the crime is
physical injuries)
3. That he maltreats such prisoner in either
of the following manners:
a. by overdoing himself in the correction
or handling of a prisoner or detention
prisoner under his charge either
by the imposition of punishments
not authorized by the regulations,
or
by inflicting such punishments
(those authorized) in a cruel and
humiliating manner, or
b. by maltreating such prisoner to extort
a confession or to obtain some
information from the prisoner.
The public officer must have actual
charge of the prisoner in order to be held
liable
To be considered a detention prisoner,
the person arrested must be placed in jail
even for just a short while
Offender may also be held liable for
physical injuries or damage caused
Section 2 Anticipation, prolongation and
abandonment of the duties and powers of
public office
Art. 236. Anticipation of duties of a public office
Any person who shall assume the performance of the
duties and powers of any public officer or employment
without first being sworn in or having given the bond
60
required by law, shall be suspended from such office
or employment until he shall have complied with the
respective formalities and shall be fined from 200 to
500 pesos.
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 Any public officer shall continue to
exercise the duties and powers of his office,
employment or commission, beyond the period
provided by law, regulation or special provisions
applicable to the case, shall suffer the penalties of
prision correccional in its minimum period, special
temporary disqualification in its minimum period and a
fine not exceeding 500 pesos.
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.
NOTE: The article contemplates officers who
have been suspended, separated or declared
over-aged or dismissed
Art. 238. Abandonment of office or position Any
public officer who, before the acceptance of his
resignation, shall abandon his office to the detriment
of the public service shall suffer the penalty of arresto
mayor.
If such office shall have been abandoned in order to
evade the discharge of the duties of preventing,
prosecuting or punishing any of the crime falling
within Title One, and Chapter One of Title Three of
Book Two of this Code, the offender shall be
punished by prision correccional in its minimum and
medium periods, and by arresto mayor if the purpose
of such abandonment is to evade the duty of
preventing, prosecuting or punishing any other crime.
ELEMENTS:
1. That the offender is a public officer.
2. That he formally resigns from his position.
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3. That his resignation has not yet been 1. That the offender is an executive or
accepted. judicial officer.
4. That he abandons his office to the 2. That he (a.) makes general rules or
detriment of the public service. regulations beyond the scope of his
authority or (b.) attempts to repeal a law
There must be formal or written or (c.) suspends the execution thereof.
resignation
The offense is qualified if the purpose Art. 240. Usurpation of executive functions Any
behind the abandonment is to evade the judge who shall assume any power pertaining
discharge of duties consisting of to the executive authorities, or shall obstruct
preventing, prosecuting or punishing any the latter in the lawful exercise of their powers,
of the crimes against national security. shall suffer the penalty of arresto mayor in its
The penalty is higher. This involves the medium period to prision correccional in its
following crimes: minimum period.
1) treason ELEMENTS:
2) conspiracy and proposal to commit 1. That the offender is a judge.
conspiracy 2. That he (a.) assumes a power pertaining
3) misprision of treason to the executive authorities, or (b.)
4) espionage obstructs executive authorities in the
5) inciting to war or giving motives to lawful exercise of their powers.
reprisals NOTE: Legislative officers are not liable for
6) violation of neutrality usurpation of executive functions
7) correspondence with hostile country
8) flight to enemy country Art. 241. Usurpation of judicial functions The
9) piracy and mutiny on the high seas penalty of arresto mayor in its medium period to
10) rebellion prision correccional in its minimum period and shall
11) conspiracy and proposal to commit be imposed upon any officer of the executive branch
of the Government who shall assume judicial powers
rebellion or shall obstruct the execution of any order or
12) disloyalty to public officers decision rendered by any judge within its jurisdiction.
13) inciting to rebellion ELEMENTS:
14) sedition 1. That the offender is an officer of the
15) conspiracy to commit sedition executive branch of the government.
16) inciting to sedition 2. That he (a.) assumes judicial powers, or
Abandonment of Office or Dereliction of Duty (208) (b.) obstruct the execution of any order
Position (238)
decision rendered by any judge within his
There is actual Public officer does not
abandonment through abandon his office but jurisdiction.
resignation to evade the merely fails to prosecute a NOTE: A mayor is guilty under this article
discharge of duties. violation of the law. when he investigates a case while a justice of
the peace is in the municipality
Section 3 Usurpation of powers and
unlawful appointments Art. 242. Disobeying request for disqualification
Any public officer who, before the question of
jurisdiction is decided, shall continue any proceeding
Art. 239. Usurpation of legislative powers The
after having been lawfully required to refrain from so
penalties of prision correccional in its minimum
doing, shall be punished by arresto mayor and a fine
period, temporary special disqualification and a fine
not exceeding 500 pesos.
not exceeding 1,000 pesos, shall be imposed upon
any public officer who shall encroach upon the ELEMENTS:
powers of the legislative branch of the Government, 1. That the offender is a public officer.
either by making general rules or regulations beyond 2. That a proceeding is pending before such
the scope of his authority, or by attempting to repeal a public officer.
law or suspending the execution thereof.
ELEMENTS:
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3. That there is a question brought before
the proper authority regarding his
jurisdiction, which is not yet decided.
4. That he has been lawfully required to
refrain from continuing the proceeding.
5. That he continues the proceeding.
Art. 243. Orders or requests by executive officers
to any judicial authority Any executive officer
who shall address any order or suggestion to any
judicial authority with respect to any case or business
coming within the exclusive jurisdiction of the courts
of justice shall suffer the penalty of arresto mayor and
a fine not exceeding 500 pesos.
ELEMENTS:
1. That the offender is an executive officer.
2. That the 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.
NOTE: Legislative or judicial officers are not
liable under this article
Art. 244. Unlawful appointments Any public
officer who shall knowingly nominate or appoint to any
public office any person lacking the legal
qualifications therefor, shall suffer the penalty of
arresto mayor and a fine not exceeding 1,000 pesos.
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 therefor.
4. That the offender knows that his nominee
or appointee lacks the qualification at the
time he made the nomination or
appointment.
Recommending, knowing that the person
recommended is not qualified is not a
crime
There must be a law providing for the
qualifications of a person to be nominated
or appointed to a public office
Section 4 Abuses against chastity
Art. 245. Abuses against chastity; Penalties The
penalties of prision correccional in its medium and
maximum periods and temporary special
62
disqualification shall be imposed:
1. Upon any public officer who shall solicit or make
immoral or indecent advances to a woman interested
in matters pending before such officer for decision, or
with respect to which he is required to submit a report
to or consult with a superior officer;
2. Any warden or other public officer directly charged
with the care and custody of prisoners or persons
under arrest who shall solicit or make immoral or
indecent advances to a woman under his custody.
If the person solicited be the wife, daughter, sister of
relative within the same degree by affinity of any
person in the custody of such warden or officer, the
penalties shall be prision correccional in its minimum
and medium periods and temporary special
disqualification.
ELEMENTS:
1. That the offender is a public officer.
2. That he solicits or makes immoral or
indecent advances to a woman.
3. That 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
b. under the custody of the offender who
is a warden or other public officer
directly charged with care and custody
of prisoners or person under arrest, or
c. the wife, daughter, sister or relative
within the same degree by affinity of
the person in the custody of the
offender
The mother of the person in the custody
of the public officer is not included
Solicit: means to propose earnestly and
persistently something unchaste and
immoral to a woman
The advances must be immoral or
indecent
The crime is consummated by mere
proposal
Proof of solicitation is not necessary when
there is sexual intercourse
TITLE EIGHT
CRIMES AGAINST PERSONS
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CHAPTER 1: DESTRUCTION OF LIFE
Section 1 Parricide, murder, homicide
Art. 246. Parricide Any person who shall kill his
father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants, or descendants,
or his spouse, shall be guilty of parricide and shall be
punished by the penalty of reclusion perpetua to
death.
ELEMENTS:
1. That a person is killed.
2. That the deceased is killed by the
accused.
3. That the deceased is the father, mother,
or child, whether legitimate or illegitimate,
or a legitimate other ascendant or other
descendant, or the legitimate spouse of
the accused.
The relationship of the offender with the
victim is the essential element of the
felony
Parents and children are not included in
the term ascendants or descendants
The other ascendant or descendant must
be legitimate. On the other hand, the
father, mother or child may be legitimate
or illegitimate
The child should not be less than 3 days
old. Otherwise, the offense is infanticide
Relationship must be alleged
A stranger who cooperates in committing
parricide is liable for murder or homicide
Even if the offender did not know that the
person he had killed is his son, he is still
liable for parricide because the law does
not require knowledge of the relationship
Art. 247. Death or physical injuries inflicted under
exceptional circumstances Any legally married
person who having surprised his spouse in the act of
committing sexual intercourse with another person,
shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any
serious physical injury, shall suffer the penalty of
destierro.
If he shall inflict upon them physical injuries of any
other kind, he shall be exempt from punishment.
These rules shall be applicable, under the same
circumstances, to parents with respect to their
63
daughters under eighteen years of age, and their
seducer, while the daughters are living with their
parents.
Any person who shall promote or facilitate the
prostitution of his wife or daughter, or shall otherwise
have consented to the infidelity of the other spouse
shall not be entitled to the benefits of this article.
REQUISITES:
1. A legally married person or parent
surprises his spouse or daughter (the
latter must be under 18 and living with
them) in the act of committing sexual
intercourse with another person
2. He/she kills any or both of them or inflicts
upon any or both of them any serious
physical injury in the act or immediately
thereafter
3. He has not promoted or facilitated the
prostitution of his wife or daughter, or that
he has not consented to the infidelity of
the other spouse.
Article does not define or penalize a
felony
Not necessary that the parent be
legitimate
Article applies only when the daughter is
single
Surprise: means to come upon suddenly
or unexpectedly
Art 247 is applicable when the accused
did not see his spouse in the act sexual
intercourse with another person.
However, it is enough that circumstances
reasonably show that the carnal act is
being committed or has been committed
Sexual intercourse does not include
preparatory acts
Immediately thereafter: means that the
discovery, escape, pursuit and the killing
must all form parts of one continuous act
The killing must be the direct by-product
of the rage of the accused
No criminal liability is incurred when less
serious or slight physical injuries are
inflicted. Moreover, in case third persons
caught in the crossfire suffer physical
injuries, the accused is not liable. The
principle that one is liable for the
consequences of his felonious act is not
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applicable because he is not committing a
felony
Art. 248. Murder. Any person who, not falling
within the provisions of Article 246 shall kill another,
shall be guilty of murder and shall be punished by
reclusion temporal in its maximum period to death, if
committed with any of the following attendant
circumstances:
1. With treachery, taking advantage of superior
strength, with the aid of armed men, or employing
means to weaken the defense or of means or persons
to insure or afford impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or
assault upon a street car or locomotive, fall of an
airship, by means of motor vehicles, or with the use of
any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in
the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic
or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.
ELEMENTS:
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of
the following qualifying circumstances
a. with treachery, taking advantage of
superior strength, with the aid or
armed men, or employing means to
weaken the defense or of means or
persons to insure or afford impunity
b. in consideration of price, reward or
promise
c. by means of inundation, fire, poison,
explosion, shipwreck, stranding of
vessel, derailment or assault upon a
street car or locomotive, fall of airship,
by means of motor vehicles or with
the use of any other means involving
great waste or ruin
d. on occasion of any of the calamities
enumerated in the preceding
paragraph, or of an earthquake,
eruption of a volcano, destructive
cyclone, epidemic or any other public
calamity
e. with evident premeditation
f. with cruelty, by deliberately and
inhumanely augmenting the suffering
64
of the victim or outraging or scoffing at
his person or corpse
4. The killing is not parricide or infanticide.
The victim must be killed in order to
consummate the offense. Otherwise, it
would be attempted or frustrated murder
Murder will exist with only one of the
circumstances. The other circumstances
are absorbed or included in one qualifying
circumstance. They cannot be considered
as generic aggravating circumstances
Any of the qualifying circumstances must
be alleged in the information. Otherwise,
they will only be considered as generic
aggravating circumstances
Treachery and premeditation are inherent
in murder with the use of poison.
Art. 249. Homicide Any person who, not falling
within the provisions of Article 246, shall kill another
without the attendance of any of the circumstances
enumerated in the next preceding article, shall be
deemed guilty of homicide and be punished by
reclusion temporal.
ELEMENTS:
1. That a person was killed.
2. That the accused killed him without any
justifying circumstances.
3. That the accused had the intention to kill,
which is presumed.
4. That the killing was not attended by any
of the qualifying circumstances of murder,
or by that of parricide or infanticide.
Intent to kill is conclusively presumed
when death resulted. Hence, evidence of
intent to kill is required only in attempted
or frustrated homicide
There is no crime of frustrated homicide
through negligence
When the wounds that caused death
were inflicted by 2 different persons, even
if they were not in conspiracy, each one
of them is guilty of homicide
In all crimes against persons in which the
death of the victim is an element, there
must be satisfactory evidence of (1) the
fact of death and (2) the identity of the
victim
Art. 250. Penalty for frustrated parricide, murder
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or homicide The courts, in view of the facts of the
case, may impose upon the person guilty of the
frustrated crime of parricide, murder or homicide,
defined and penalized in the preceding articles, a
penalty lower by one degree than that which should
be imposed under the provision of Article 50.
The courts, considering the facts of the case, may
likewise reduce by one degree the penalty which
under Article 51 should be imposed for an attempt to
commit any of such crimes.
Art. 251. Death caused in a tumultuous affray
When, while several persons, not composing groups
organized for the common purpose of assaulting and
attacking each other reciprocally, quarrel and assault
each other in a confused and tumultuous manner, and
in the course of the affray someone is killed, and it
cannot be ascertained who actually killed the
deceased, but the person or persons who inflicted
serious physical injuries can be identified, such
person or persons shall be punished by prision
mayor.
If it cannot be determined who inflicted the serious
physical injuries on the deceased, the penalty of
prision correccional in its medium and maximum
periods shall be imposed upon all those who shall
have used violence upon the person of the victim.
ELEMENTS OF ART. 251:
1. That there be several persons.
2. That they did not compose groups
organized for the common purpose of
assaulting and attacking each other
reciprocally.
3. That these several persons quarreled and
assaulted one another in a confused and
tumultuous manner.
4. That someone was killed in the course of
the affray.
5. That it cannot be ascertained who
actually killed the deceased.
6. That the person or persons who inflicted
serious physical injuries or who used
violence can be identified.
Tumultuous affray exists hen at least 4
persons take part in it
When there are 2 identified groups of
men who assaulted each other, there is
no tumultuous affray
Persons liable are:
person/s who inflicted serious physical
injuries
65
if it is not known who inflicted serious
physical injuries on the deceased, all
persons who used violence upon the
person of the victim.
Art. 252. Physical injuries inflicted in a tumultuous
affray When in a tumultuous affray as referred to
in the preceding article, only serious physical injuries
are inflicted upon the participants thereof and the
person responsible thereof cannot be identified, all
those who appear to have used violence upon the
person of the offended party shall suffer the penalty
next lower in degree than that provided for the
physical injuries so inflicted.
When the physical injuries inflicted are of a less
serious nature and the person responsible therefor
cannot be identified, all those who appear to have
used any violence upon the person of the offended
party shall be punished by arresto mayor from five to
fifteen days.
ELEMENTS:
1. That there is a tumultuous affray as
referred to in the preceding article.
2. That a participant or some participants
thereof suffer serious physical injuries or
physical injuries of a less serious nature
only.
3. That the person responsible therefor
cannot be identified.
4. That all those who appear to have used
violence upon the person of the offended
party are known.
Art. 253. Giving assistance to suicide Any
person who shall assist another to commit suicide
shall suffer the penalty of prision mayor; if such
person leads his assistance to another to the extent of
doing the killing himself, he shall suffer the penalty of
reclusion temporal. However, if the suicide is not
consummated, the penalty of arresto mayor in its
medium and maximum periods, shall be imposed.
ACTS PUNISHABLE:
1. Assisting another to commit suicide,
whether the suicide is consummated or
not
2. Lending his assistance to another to
commit suicide to the extent of doing the
killing himself.
A person who attempts to commit suicide
is not criminally liable
A pregnant woman who tried to commit
suicide by means of poison but instead of
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dying, the fetus in her womb was
expelled, is not liable for abortion
Assistance to suicide is different from
mercy-killing. Euthanasia/mk is the
practice of painlessly putting to death a
person suffering from some incurable
disease. In this case, the person does not
want to die. A doctor who resorts to
euthanasia may be held liable for murder
Penalty is mitigated if suicide is not
successful.
Art. 254. Discharge of firearms Any person who
shall shoot at another with any firearm shall suffer the
penalty of prision correccional in its minimum and
medium periods, unless the facts of the case are such
that the act can be held to constitute frustrated or
attempted parricide, murder, homicide or any other
crime for which a higher penalty is prescribed by any
of the articles of this Code.
ELEMENTS:
1. That the offender discharges a firearm
against or at another person.
2. That the offender has no intention to kill
that person.
The offender must shoot at another with
any firearm without intention of killing him.
If the firearm is not discharged at a
person, the act is not punished under this
article
A discharge towards the house of the
victim is not discharge of firearm. On the
other hand, firing a gun against the house
of the offended party at random, not
knowing in what part of the house the
people were, it is only alarm under art
155.
Usually, the purpose of the offender is
only to intimidate or frighten the offended
party
Intent to kill is negated by the fact that the
distance between the victim and the
offender is 200 yards
A person can be held liable for discharge
even if the gun was not pointed at the
offended party when it fired for as long as
it was initially aimed at or against the
offended party.
Section 2 Infanticide and abortion
66
Art. 255. Infanticide The penalty provided for
parricide in Article 246 and for murder in Article 248
shall be imposed upon any person who shall kill any
child less than three days of age.
If the crime penalized in this article be committed by
the mother of the child for the purpose of concealing
her dishonor, she shall suffer the penalty of prision
correccional in its medium and maximum periods, and
if said crime be committed for the same purpose by
the maternal grandparents or either of them, the
penalty shall be prision mayor.
ELEMENTS:
1. That a child was killed.
2. That the deceased child was less than
three days (72 hours) of age.
3. That the accused killed the said child.
When the offender is the father, mother or
legitimate ascendant, he shall suffer the
penalty prescribed for parricide. If the
offender is any other person, the penalty
is that for murder. In either case, the
proper qualification for the offense is
infanticide
When infanticide is committed by the
mother or maternal grandmother in order
to conceal the dishonor, such fact is only
mitigating
The delinquent mother who claims that
she committed the offense to conceal the
dishonor must be of good reputation.
Hence, if she is a prostitute, she is not
entitled to a lesser penalty because she
has no honor to conceal
There is no infanticide when the child was
born dead, or although born alive it could
not sustain an independent life when it
was killed.
Art. 256. Intentional abortion Any person who
shall intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he shall use
any violence upon the person of the pregnant woman.
2. The penalty of prision mayor if, without using
violence, he shall act without the consent of the
woman.
3. The penalty of prision correccional in its medium
and maximum periods, if the woman shall have
consented.
ELEMENTS:
1. That there is a pregnant woman.
2. That violence is exerted, or drugs or
beverages administered, or that the
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accused otherwise acts upon such
pregnant woman.
3. That as a result of the use of violence or
drugs or beverages upon her, or any
other act of the accused, the fetus dies,
either in the womb or after having been
expelled therefrom.
4. That the abortion is intended.
Art. 257. Unintentional abortion The penalty of
prision correccional in its minimum and medium
period shall be imposed upon any person who shall
cause an abortion by violence, but unintentionally.
ELEMENTS:
1. That there is a pregnant woman.
2. That violence is used upon such pregnant
woman without intending an abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence that fetus
dies, either in the womb or after having
been expelled therefrom.
Unintentional abortion can also be
committed through negligence
a. The accused can only be held liable if
he knew that the woman was
pregnant
b. If there is no intention to cause
abortion and neither was violence
exerted, arts 256 and 257 does not
apply.
Art. 258. Abortion practiced by the woman herself
of by her parents The penalty of prision
correccional in its medium and maximum periods
shall be imposed upon a woman who shall practice
abortion upon herself or shall consent that any other
person should do so.
Any woman who shall commit this offense to conceal
her dishonor, shall suffer the penalty of prision
correccional in its minimum and medium periods.
If this crime be committed by the parents of the
pregnant woman or either of them, and they act with
the consent of said woman for the purpose of
concealing her dishonor, the offenders shall suffer the
penalty of prision correccional in its medium and
maximum periods.
ELEMENTS:
1. That there is a pregnant woman who has
suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by
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a. the pregnant woman herself
b. any other person, with her consent, or
c. any of her parents, with her consent
for the purpose of concealing her
dishonor.
Liability of the pregnant woman is
mitigated if the purpose is to conceal her
dishonor. However, there is no litigation
for the parents of the pregnant women
even if their purpose is to conceal their
daughters dishonor
In infanticide, parents can avail of the
mitigating circumstance of concealing the
dishonor of their daughter. This is not so
for art 258
Art. 259. Abortion practiced by a physician or
midwife and dispensing of abortives The
penalties provided in Article 256 shall be imposed in
its maximum period, respectively, upon any physician
or midwife who, taking advantage of their scientific
knowledge or skill, shall cause an abortion or assist in
causing the same.
Any pharmacist who, without the proper prescription
from a physician, shall dispense any abortive shall
suffer arresto mayor and a fine not exceeding 1,000
pesos.
ELEMENTS:
1. That there is a pregnant woman who has
suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a
physician or midwife, causes or assists in
causing the abortion.
4. That said physician or midwife takes
advantage of his or her scientific
knowledge or skill.
It is not necessary that the pharmacist
knew that the abortive would be used to
cause abortion. What is punished is the
act of dispensing an abortive without the
proper prescription. It is not necessary
that the abortive be actually used
If the pharmacist knew that the abortive
would be used to cause abortion and
abortion results, he is liable as an
accomplice
Section 3 - Duel
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Art. 260. Responsibility of participants in a duel
The penalty of reclusion temporal shall be imposed
upon any person who shall kill his adversary in a duel.
If he shall inflict upon the latter physical injuries only,
he shall suffer the penalty provided therefor,
according to their nature.
In any other case, the combatants shall suffer the
penalty of arresto mayor, although no physical injuries
have been inflicted.
The seconds shall in all events be punished as
accomplices.
ACTS PUNISHED:
1. Killing ones adversary in a duel
2. Inflicting upon the adversary serious
physical injuries
3. Making a combat although no physical
injuries have been inflicted
PERSONS LIABLE:
1. Principals person who killed or inflicted
physical injuries upon his adversary, or
both combatants in any other cases
2. Accomplices as seconds
Duel: a formal or regular combat
previously concerted between 2 parties in
the presence of 2 or more seconds of
lawful age on each side, who make the
selection of arms and fix all the other
conditions of the fight
If death results, the penalty is the same
as that for homicide
Art. 261. Challenging to a duel The penalty of
prision correccional in its minimum period shall be
imposed upon any person who shall challenge
another, or incite another to give or accept a
challenge to a duel, or shall scoff at or decry another
publicly for having refused to accept a challenge to
fight a duel.
ACTS PUNISHABLE:
1. Challenging another to a duel
2. Inciting another to give or accept a
challenge to a duel
3. Scoffing at or decrying another publicly
for having refused to accept a challenge
to fight a duel
PERSONS LIABLE:
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1. Challenger
2. Instigators
CHAPTER 2: PHYSICAL INJURIES
Art. 262. Mutilation The penalty of reclusion
temporal to reclusion perpetua shall be imposed upon
any person who shall intentionally mutilate another by
depriving him, either totally or partially, or some
essential organ of reproduction.
Any other intentional mutilation shall be punished by
prision mayor in its medium and maximum periods.
ELEMENTS:
1. There be a castration i.e. mutilation of
organs necessary for generation
2. Mutilation is caused purposely and
deliberately
KINDS OF MUTILATION
1. Intentionally mutilating another by
depriving him, totally or partially, of some
essential organ for reproduction
2. Intentionally making another mutilation,
i.e. lopping, clipping off any part of the
body of the offended party, other than the
essential organ for reproduction, to
deprive him of that part of the body
In the first kind of mutilation, the
castration must be made purposely.
Otherwise, it will be considered as
mutilation of the second kind
Mayhem: refers to any other intentional
mutilation
Art. 263. Serious physical injuries Any person
who shall wound, beat, or assault another, shall be
guilty of the crime of serious physical injuries and
shall suffer:
1. The penalty of prision mayor, if in consequence of
the physical injuries inflicted, the injured person shall
become insane, imbecile, impotent, or blind;
2. The penalty of prision correccional in its medium
and maximum periods, if in consequence of the
physical injuries inflicted, the person injured shall
have lost the use of speech or the power to hear or to
smell, or shall have lost an eye, a hand, a foot, an
arm, or a leg or shall have lost the use of any such
member, or shall have become incapacitated for the
work in which he was therefor habitually engaged;
3. The penalty of prision correccional in its minimum
and medium periods, if in consequence of the
physical injuries inflicted, the person injured shall
have become deformed, or shall have lost any other
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part of his body, or shall have lost the use thereof, or
shall have been ill or incapacitated for the
performance of the work in which he as habitually
engaged for a period of more than ninety days;
4. The penalty of arresto mayor in its maximum period
to prision correccional in its minimum period, if the
physical injuries inflicted shall have caused the illness
or incapacity for labor of the injured person for more
than thirty days.
If the offense shall have been committed against any
of the persons enumerated in Article 246, or with
attendance of any of the circumstances mentioned in
Article 248, the case covered by subdivision number 1
of this Article shall be punished by reclusion temporal
in its medium and maximum periods; the case
covered by subdivision number 2 by prision
correccional in its maximum period to prision mayor in
its minimum period; the case covered by subdivision
number 3 by prision correccional in its medium and
maximum periods; and the case covered by
subdivision number 4 by prision correccional in its
minimum and medium periods.
The provisions of the preceding paragraph shall not
be applicable to a parent who shall inflict physical
injuries upon his child by excessive chastisement.
HOW COMMITTED
1. Wounding
2. Beating
3. Assaulting
4. Administering injurious substances
What are serious physical injuries:
1. Injured person becomes insane, imbecile,
impotent or blind
2. Injured person
a. loses the use of speech or the power
to hear or to smell, loses an eye, a
hand, foot, arm or leg
b. loses the use of any such member
c. becomes incapacitated for the work in
which he had been habitually
engaged
3. Injured person
a. becomes deformed
b. loses any other member of his body
c. loses the use thereof
d. becomes ill or incapacitated for the
performance of the work in which he
had been habitually engaged in for
more than 90 days
4. Injured person becomes ill or
incapacitated for labor for more than 30
days (but not more than 90 days)
69
Serious physical injuries may be
committed through reckless imprudence
or simple imprudence
There must be no intent to kill
Impotent should include inability to
copulate and sterility
Blindness requires lost of vision in both
eyes. Mere weakness in vision is not
contemplated
Loss of power to hear must involve both
ears. Otherwise, it will be considered as
serious physical injuries under par 3
Loss of use of hand or incapacity of usual
work in par 2 must be permanent
Par 2 refers to principal members of the
body. Par 3 on the other hand, covers any
other member which is not a principal part
of the body. In this respect, a front tooth is
considered as a member of the body,
other than a principal member
Deformity: means physical ugliness,
permanent and definite abnormality. Not
curable by natural means or by nature. It
must be conspicuous and visible. Thus, if
the scar is usually covered by a dress, it
would not be conspicuous and visible
The loss of 3 incisors is a visible
deformity. Loss of one incisor is not.
However, loss of one tooth which
impaired appearance is a deformity
Deformity by loss of teeth refers to injury
which cannot be impaired by the action of
the nature
Loss of both outer ears constitutes
deformity and also loss of the power to
hear. Meanwhile, loss of the lobule of the
ear is only a deformity
Loss of the index and middle fingers is
either a deformity or loss of a member,
not a principal one of his body or use of
the same
Loss of the power to hear in the right ear
is considered as merely loss of use of
some other part of the body
If the injury would require medical
attendance for more than 30 days, the
illness of the offended party may be
considered as lasting more than 30 days.
The fact that there was medical
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attendance for that period of time shows
that the injuries were not cured for that
length of time
Under par 4, all that is required is illness
or incapacity, not medical attendance
In determining incapacity, the injured
party must have an avocation at the time
of the injury. Work: includes studies or
preparation for a profession
When the category of the offense of
serious physical injuries depends on the
period of the illness or incapacity for
labor, there must be evidence of the
length of that period. Otherwise, the
offense will only be considered as slight
physical injuries
There is no incapacity if the injured party
could still engage in his work although
less effectively than before
Serious physical injuries is qualified when
the crime is committed against the same
persons enumerated in the article on
parricide or when it is attended by any of
the circumstances defining the crime of
murder. However, serious physical
injuries resulting from excessive
chastisement by parents is not qualified
serious physical injuries
Art. 264. Administering injurious substances or
beverages The penalties established by the next
preceding article shall be applicable in the respective
case to any person who, without intent to kill, shall
inflict upon another any serious, physical injury, by
knowingly administering to him any injurious
substance or beverages or by taking advantage of his
weakness of mind or credulity.
ELEMENTS:
1. That the offender inflicted upon another
person any serious physical injury
2. That it was done knowingly administering
to him any injurious substances or
beverages or by taking advantage of his
weakness of mind of credulity
3. He had no intent to kill
It is frustrated murder when there is intent
to kill
Administering means introducing into the
body the substance, thus throwing of the
acid in the face is not contemplated.
70
Art. 265. Less serious physical injuries Any
person who shall inflict upon another physical injuries
not described in the preceding articles, but which shall
incapacitate the offended party for labor for ten days
or more, or shall require medical assistance for the
same period, shall be guilty of less serious physical
injuries and shall suffer the penalty of arresto mayor.
Whenever less serious physical injuries shall have
been inflicted with the manifest intent to kill or offend
the injured person, or under circumstances adding
ignominy to the offense in addition to the penalty of
arresto mayor, a fine not exceeding 500 pesos shall
be imposed.
Any less serious physical injuries inflicted upon the
offenders parents, ascendants, guardians, curators,
teachers, or persons of rank, or persons in authority,
shall be punished by prision correccional in its
minimum and medium periods, provided that, in the
case of persons in authority, the deed does not
constitute the crime of assault upon such person.
ELEMENTS:
1. That the offended party is incapacitated
for labor for 10 days or more (but not
more than 30 days), or needs medical
attendance for the same period of time
2. That the physical injuries must not be
those described in the preceding articles
Circumstances qualifying the offense:
a. when there is manifest intent to insult
or offend the injured person
b. when there are circumstances adding
ignominy to the offense
c. when the victim is either the offenders
parents, ascendants, guardians,
curators or teachers
d. when the victim is a person of rank or
person in authority, provided the crime
is not direct assault
It falls under this article even if there was
no incapacity but the medical treatment
was for 13 days
Art. 266. Slight physical injuries and maltreatment
The crime of slight physical injuries shall be
punished:
1. By arresto menor when the offender has inflicted
physical injuries which shall incapacitate the offended
party for labor from one to nine days, or shall require
medical attendance during the same period.
2. By arresto menor or a fine not exceeding 20 pesos
and censure when the offender has caused physical
injuries which do not prevent the offended party from
engaging in his habitual work nor require medical
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assistance.
3. By arresto menor in its minimum period or a fine
not exceeding 50 pesos when the offender shall ill-
treat another by deed without causing any injury.
3 KINDS:
1. That which incapacitated the offended
party for labor from 1-9 days or required
medical attendance during the same
period
2. That which did not prevent the offended
party from engaging in his habitual work
or which did not require medical
attendance (ex. Black-eye)
3. Ill-treatment of another by deed without
causing any injury (ex. slapping but
without causing dishonor)
F. RAPE (ART 355)
The Anti-Rape Law of 1997 (RA 8353) now
classified the crime of rape as Crime Against
Persons incorporated into Title 8 of the RPC
to be known as Chapter 3
Elements: Rape is committed
By a man who have carnal knowledge of a
woman under any of the following
circumstances:
through force, threat or intimidation
when the offended party is deprived of
reason or otherwise unconscious
by means of fraudulent machination or grave
abuse of authority
when the offended party is under 12 years of
age or is demented, even though none of the
circumstances mentioned above be present
By any person who, under any of the
circumstances mentioned in par 1 hereof,
shall commit an ac 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
Rape committed under par 1 is punishable
by:
reclusion perpetua
reclusion perpetuato DEATH when
victim became insane by reason or on the
occasion of rape
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b. the rape is attempted and a homicide is
committed by reason or on the occasion
thereof
DEATH when
homicide is committed
victim under 18 years and offender is:
parent
ascendant
step-parent
guardian
relative by consanguinity or affinity with the
3rd civil degree or
common law spouse of parent of victim
c. under the custody of the police or military
authorities or any law enforcement or penal
institution
committed in full view of the spouse, parent
or any of the children or other relatives within
the 3rd degree of consanguinity
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
a child below 7 years old
g. offender knows he is afflicted with HIV or
AIDS or any other sexually transmissible
disease and the virus is transmitted to the
victim
h. offender; member of the AFP, or para-
military units thereof, or the PNP, or any law
enforcement agency or penal institution,
when the offender took advantage of his
position to facilitate the commission of the
crime
victim suffered permanent physical mutilation
or disability
j. the offender knew of the pregnancy of
the offended party at the time of the
commission of the crime; and
k. when the offender knew of the mental
disability, emotional disorder and/or physical
handicap or the offended party at the time of
the commission of the crime
Rape committed under par 2 is punishable
by:
1. prision mayor
2. prision mayor to reclusion temporal
use of deadly weapon or
by two or more persons
reclusion temporal when the victim has
become insane
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reclusion temporal to reclusion pepetua
rape is attempted and homicide is committed
reclusion perpetua homicide is committed
by reason or on occasion of rape
reclusion temporal committed with any of
the 10 aggravating circumstances mentioned
above
Notes:
The underscored words are the amendments
provided by RA 8353
Dividing age in rape:
less than 7 yrs old, mandatory death
less than 12 yrs old, statutory rape
less than 18 yrs old and there is relationship
(e.g. parent etc); mandatory death
TITLE NINE
CRIMES AGAINST PERSONAL LIBERTY
AND SECURITY
CHAPTER 1: CRIMES AGAINST LIBERTY
Art. 267. Kidnapping and serious illegal detention
Any private individual who shall kidnap or detain
another, or in any other manner deprive him of his
liberty, shall suffer the penalty of reclusion perpetua to
death:
1. If the kidnapping or detention shall have lasted
more than five days.
2. If it shall have been committed simulating public
authority.
3. If any serious physical injuries shall have been
inflicted upon the person kidnapped or detained; or if
threats to kill him shall have been made.
4. If the person kidnapped or detained shall be a
minor, female or a public officer.
The penalty shall be death where the kidnapping or
detention was committed for the purpose of extorting
ransom from the victim or any other person, even if
none of the circumstances above-mentioned were
present in the commission of the offense.
ELEMENTS:
1. Offender is a private individual
2. He kidnaps or detains another, or in any
other manner deprives the latter of his
liberty
3. The act of detention or kidnapping must
be illegal
4. That in the commission of the offense,
any of the following circumstances are
present (becomes serious)
a. that the he kidnapping/detention lasts
for more than 3 days
72
b. that it is committed simulating public
authority
c. that any serious physical injuries are
inflicted upon the person kidnapped or
detained or threats to kill him are
made, or
d. that the person kidnapped or detained
is a minor (except if parent is the
offender), female or a public officer
When death penalty is imposed:
1. if kidnapping is committed for the purpose
of extorting ransom either from the victim
or from any other person even if none of
the aforementioned are present in the
commission of the offense (even if none
of the circumstances are present)
2. when the victim is killed or dies as a
consequence of the detention or is raped
or is subjected to torture or dehumanizing
acts
Art. 268. Slight illegal detention The penalty of
reclusion temporal shall be imposed upon any private
individual who shall commit the crimes described in
the next preceding article without the attendance of
any of circumstances enumerated therein.
The same penalty shall be incurred by anyone who
shall furnish the place for the perpetration of the
crime.
If the offender shall voluntarily release the person so
kidnapped or detained within three days from the
commencement of the detention, without having
attained the purpose intended, and before the
institution of criminal proceedings against him, the
penalty shall be prision mayor in its minimum and
medium periods and a fine not exceeding seven
hundred pesos.
ELEMENTS
1. Offender is a private person
2. He kidnaps or detains another or in any
other manner deprives him of his liberty /
furnished place for the perpetuation of the
crime
3. That the act of detention or kidnapping
must be illegal
4. That the crime is committed without the
attendant of any of the circumstances
enumerated in Art 267
Privileged mitigating circumstances:
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If the offender:
1. voluntarily releases the person so
kidnapped or detained within 3 days from
the commencement of the detention
2. without having attained the purpose
intended and
3. before the institution of criminal
proceedings against him
Art. 269. Unlawful arrest The penalty of arresto
mayor and a fine not exceeding 500 pesos shall be
imposed upon any person who, in any case other
than those authorized by law, or without reasonable
ground therefor, shall arrest or detain another for the
purpose of delivering him to the proper authorities.
ELEMENTS:
1. That the offender arrests or detains
another person
2. That the purpose of the offender is to
deliver him to the proper authorities
3. That the arrest or detention is not
authorized by law or there is no
reasonable ground therefor
Offender is any person, so either a public
officer or private individual
Refers to warrantless arrests
In art 125, the detention is for some legal
ground while here, the detention is not
authorized by law
In art 125, the crime pertains to failure to
deliver the person to the proper judicial
authority within the prescribed period
while here, the arrest is not authorized by
law
Section 2 Kidnapping of minors
Art. 270. Kidnapping and failure to return a minor
The penalty of reclusion perpetua shall be imposed
upon any person who, being entrusted with the
custody of a minor person, shall deliberately fail to
restore the latter to his parents or guardians.
ELEMENTS:
1. That the offender is entrusted with the
custody of a minor person (whether over
or under 7 but less than 18 yrs old)
2. That he deliberately fails to restore the
said minor to his parents
Art. 271. Inducing a minor to abandon his home
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The penalty of prision correccional and a fine not
exceeding seven hundred pesos shall be imposed
upon anyone who shall induce a minor to abandon
the home of his parent or guardians or the persons
entrusted with his custody.
If the person committing any of the crimes covered by
the two preceding articles shall be the father or the
mother of the minor, the penalty shall be arresto
mayor or a fine not exceeding three hundred pesos,
or both.
ELEMENTS:
1. That the minor (whether over or under 7)
is living in the home of his parents or
guardians or the person entrusted with his
custody
2. That the offender induces a minor to
abandon such home
Inducement must be actual, committed
with criminal intent and determined by a
will to cause damage
Minor should not leave his home of his
own free will
Mitigating if by father or mother
Art. 272. Slavery The penalty of prision mayor and
a fine of not exceeding 10,000 pesos shall be
imposed upon anyone who shall purchase, sell,
kidnap or detain a human being for the purpose of
enslaving him.
If the crime be committed for the purpose of assigning
the offended party to some immoral traffic, the penalty
shall be imposed in its maximum period.
ELEMENTS:
1. That the offender purchases. Sells,
kidnaps or detains a human being.
2. That the purpose of the offender is to
enslave such human being.
NOTE: Qualifying circumstance if the
purpose of the offender is to assign the
offended party to some immoral traffic
(prostitution), the penalty is higher
Art. 273. Exploitation of child labor The penalty
of prision correccional in its minimum and medium
periods and a fine not exceeding 500 pesos shall be
imposed upon anyone who, under the pretext of
reimbursing himself of a debt incurred by an
ascendant, guardian or person entrusted with the
custody of a minor, shall, against the latters will,
retain him in his service.
ELEMENTS:
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1. That 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 The penalty of arresto mayor in
its maximum period to prision correccional in its
minimum period shall be imposed upon any person
who, in order to require or enforce the payment of a
debt, shall compel the debtor to work for him, against
his will, as household servant or farm laborer.
ELEMENTS:
1. That the offender compels a debtor to
work for him, either as household servant
or farm laborer.
2. That it is against the debtors will.
3. That the purpose is to require or enforce
the payment of a debt.
CHAPTER 2: CRIMES AGAINST SECURITY
Section 1 Abandonment of helpless
persons and exploitation of minors
Art. 275. Abandonment of person in danger and
abandonment of ones own victim The penalty
of arresto mayor shall be imposed upon:
1. Any one who shall fail to render assistance to any
person whom he shall find in an uninhabited place
wounded or in danger of dying, when he can render
such assistance without detriment to himself, unless
such omission shall constitute a more serious offense.
2. Anyone who shall fail to help or render assistance
to another whom he has accidentally wounded or
injured.
3. Anyone who, having found an abandoned child
under seven years of age, shall fail to deliver said
child to the authorities or to his family, or shall fail to
take him to a safe place.
ELEMENTS:
1. That place is not inhabited.
2. The accused found there a person
wounded or in danger of dying.
3. The accused can render assistance
without detriment to himself.
4. The accused fails to render assistance.
ACTS PUNISHABLE:
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1. By failing to render assistance to any
person whom the offender finds in an
inhabited 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. By failing to help or render assistance to
another whom the offender has
accidentally wounded or injured
3. By failing to deliver a child, under 7 whom
the offender has found abandoned, to the
authorities or to his family, or by failing to
take him to a safe place.
Art. 276. Abandoning a minor The penalty of
arresto mayor and a fine not exceeding 500 pesos
shall be imposed upon any one who shall abandon a
child under seven years of age, the custody of which
is incumbent upon him.
When the death of the minor shall result from such
abandonment, the culprit shall be punished by prision
correccional in its medium and maximum periods; but
if the life of the minor shall have been in danger only,
the penalty shall be prision correccional in its
minimum and medium periods.
The provisions contained in the two preceding
paragraphs shall not prevent the imposition of the
penalty provided for the act committed, when the
same shall constitute a more serious offense.
ELEMENTS:
1. That the offender has the custody of a
child.
2. That the child is under seven years of
age.
3. That he abandons such child.
4. That he has no intent to kill the child when
the latter is abandoned.
Conscious, deliberate, permanent, unless
punishable by a more serious offense
Qualifying circumstances:
a. when the death of the minor resulted
from such abandonment
b. 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 The penalty of arresto mayor and a fine
not exceeding 500 pesos shall be imposed upon
anyone who, having charge of the rearing or
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education of a minor, shall deliver said minor to a
public institution or other persons, without the consent
of the one who entrusted such child to his care or in
the absence of the latter, without the consent of the
proper authorities.
The same penalty shall be imposed upon the parents
who shall neglect their children by not giving them the
education which their station in life require and
financial conditions permit.
ACTS PUNISHED:
By delivering a minor to a public
institution or other persons w/o consent of
the one who entrusted such minor to the
care of the offender or, in the absence of
that one, without the consent of the
proper authorities
ELEMENTS of abandonment of minor by
person entrusted with his custody:
1. That the offender has charged 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.
4. By neglecting his (offenders) children by
not giving them education which their
station in life requires and financial
condition permits
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.
Art. 278. Exploitation of minors The penalty of
prision correccional in its minimum and medium
periods and a fine not exceeding 500 pesos shall be
imposed upon:
1. Any person who shall cause any boy or girl under
sixteen years of age to perform any dangerous feat of
balancing, physical strength, or contortion.
2. Any person who, being an acrobat, gymnast, rope-
walker, diver, wild-animal tamer or circus manager or
engaged in a similar calling, shall employ in
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exhibitions of these kinds children under sixteen years
of age who are not his children or descendants.
3. Any person engaged in any of the callings
enumerated in the next paragraph preceding who
shall employ any descendant of his under twelve
years of age in such dangerous exhibitions.
4. Any ascendant, guardian, teacher or person
entrusted in any capacity with the care of a child
under sixteen years of age, who shall deliver such
child gratuitously to any person following any of the
callings enumerated in paragraph 2 hereof, or to any
habitual vagrant or beggar.
If the delivery shall have been made in consideration
of any price, compensation, or promise, the penalty
shall in every case be imposed in its maximum period.
In either case, the guardian or curator convicted shall
also be removed from office as guardian or curator;
and in the case of the parents of the child, they may
be deprived, temporarily or perpetually, in the
discretion of the court, of their parental authority.
5. Any person who shall induce any child under
sixteen years of age to abandon the home of its
ascendants, guardians, curators, or teachers to follow
any person engaged in any of the callings mentioned
in paragraph 2 hereof, or to accompany any habitual
vagrant or beggar.
ACTS PUNISHED:
1. By causing any boy or girl under 16 to
perform any dangerous feat of balancing,
physical strength or contortion, the
offender being any person
2. By employing children under 16 who are
not the children or descendants of the
offender in exhibitions of acrobat,
gymnast, rope-walker, diver, or wild-
animal tamer or circus manager or
engaged in a similar calling
3. By employing any descendant under 12 in
dangerous exhibitions enumerated in the
next preceding paragraph, the offender
being engaged in any of said callings
4. By delivering a child under 16 gratuitously
to any person following any of the callings
enumerated in par 2 or to any habitual
vagrant or beggar, the offender being an
ascendant, guardian, teacher or person
entrusted in any capacity with the care of
such child
5. By inducing any child under 16 to
abandon the home of its ascendants;
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guardians, curators or teachers to follow
any person engaged in any of the callings
mentioned in par 2 or to accompany any
habitual vagrant or beggar, the offender
being any person
NOTE: Qualifying Circumstance: if the
delivery of the child to any person following
any of the callings of acrobat, rope-walker,
diver or wild-animal trainer or circus manager
or to any habitual vagrant of beggar is made
in consideration of any price, compensation
or promise, the penalty is higher.
Art. 279. Additional penalties for other offenses
The imposition of the penalties prescribed in the
preceding articles, shall not prevent the imposition
upon the same person of the penalty provided for any
other felonies defined and punished by this Code.
Section 2 Trespass to dwelling
Art. 280. Qualified trespass to dwelling Any
private person who shall enter the dwelling of another
against the latters will shall be punished by arresto
mayor and a fine not exceeding 1,000 pesos.
If the offense be committed by means of violence or
intimidation, the penalty shall be prision correccional
in its medium and maximum periods and a fine not
exceeding 1,000 pesos.
The provisions of this article shall not be applicable to
any person who shall enter anothers dwelling for the
purpose of preventing some serious harm to himself,
the occupants of the dwelling or a third person, nor
shall it be applicable to any person who shall enter a
dwelling for the purpose of rendering some service to
humanity or justice, nor to anyone who shall enter
cafes, taverns, inn and other public houses, while the
same are open.
ELEMENTS:
1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the latters
will.
Qualifying circumstance: if the offense is
committed by means of violence or
intimidation, the penalty is higher
There must be an opposition to the entry
of the accused
Implied prohibition is present considering
the situation late at night and
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everyones asleep or entrance was made
through the window
Prohibition is not necessary when
violence or intimidation is employed by
the offender
When there is no overt act of the crime
intended to be committed, this is the
crime
May be committed even by the owner (as
against the actual occupant)
Not applicable to:
a. entrance is for the purpose of
preventing harm to himself, the
occupants or a third person
b. purpose is to render some service to
humanity or justice
c. place is a caf, tavern etc while open
Medina case: when the accused entered
the dwelling through the window, he had
no intent to kill any person inside, but the
intention to kill came to his mind when he
was being arrested by the occupants
thereof, the crime of trespass to dwelling
is a separate and distinct offense from
frustrated homicide
Art. 281. Other forms of trespass The penalty of
arresto menor or a fine not exceeding 200 pesos, or
both, shall be imposed upon any person who shall
enter the closed premises or the fenced estate of
another, while either or them are uninhabited, if the
prohibition to enter be manifest and the trespasser
has not secured the permission of the owner or the
caretaker thereof.
ELEMENTS:
1. That the offender enters the closed
premises or the fenced estate of another.
2. That the entrance is made while either of
them is uninhabited.
3. That the prohibition to enter be manifest.
4. That the trespasser has not secured the
permission of the owner or the caretaker
thereof.
Section 3 Threats and coercion
Art. 282. Grave threats Any person who shall
threaten another with the infliction upon the person,
honor or property of the latter or of his family of any
wrong amounting to a crime, shall suffer:
1. The penalty next lower in degree than that
prescribed by law for the crime be threatened to
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commit, if the offender shall have made the threat
demanding money or imposing any other condition,
even though not unlawful, and said offender shall
have attained his purpose. If the offender shall not
have attained his purpose, the penalty lower by two
degrees shall be imposed.
If the threat be made in writing or through a
middleman, the penalty shall be imposed in its
maximum period.
2. The penalty of arresto mayor and a fine not
exceeding 500 pesos, if the threat shall not have been
made subject to a condition.
ELEMENTS:
1. That the offender threatens another
person with the infliction upon the latters
person, honor or property, or upon that of
the latters family, of any wrong.
2. That such wrong amounts to a crime.
3. That the threat is not subject to a
condition
ELEMENTS: grave threats where offender
attained his purpose:
1. That the offender threatens another
person with the infliction upon the latters
person, honor or property, or upon that of
the latters family, of any wrong.
2. That such wrong amounts to a crime.
3. That there is a demand for money or that
any other condition is imposed, even
though not unlawful.
4. That the offender attains his purpose.
5. By making such threat without the
offender attaining his purpose
6. By threatening another with the infliction
upon his person, honor or property or that
of his family of any wrong amounting to a
crime, the threat not being subject to a
condition (Note: threat is without
condition)
ACTS PUNISHABLE:
1. By threatening another with the infliction
upon his person, honor or property that of
his family of any wrong amounting to a
crime and demanding money or imposing
any other condition, even though not
unlawful and the offender (Note: threat is
with condition)
77
Aggravating circumstances: if made in
writing or thru a middleman
Frustrated if not received by the person
being threatened
Art 284 bond from good behavior may be
imposed (only in these offenses)
Art. 283. Light threats Any threat to commit a
wrong not constituting a crime, made in the manner
expressed in subdivision 1 of the next preceding
article, shall be punished by arresto mayor.
ELEMENTS:
1. That the offender makes a threat to
commit a wrong.
2. That the wrong does not constitute a
crime.
3. That there is a demand for money or that
other condition is imposed, even though
not unlawful
4. That the offender has attained his
purpose or, that he has not attained his
purpose
Art. 284. Bond for good behavior In all cases
falling within the two next preceding articles, the
person making the threats may also be required to
give bail not to molest the person threatened, or if he
shall fail to give such bail, he shall be sentenced to
destierro.
The wrong does not amount to a crime
(only in these offenses)
Art. 285. Other light threats The penalty of
arresto menor in its minimum period or a fine not
exceeding 200 pesos shall be imposed upon:
1. Any person who, without being included in the
provisions of the next preceding article, shall threaten
another with a weapon or draw such weapon in a
quarrel, unless it be in lawful self-defense.
2. Any person who, in the heat of anger, shall orally
threaten another with some harm not constituting a
crime, and who by subsequent acts show that he did
not persist in the idea involved in his threat, provided
that the circumstances of the offense shall not bring it
within the provisions of Article 282 of this Code.
3. Any person who shall orally threaten to do another
any harm not constituting a felony.
ELEMENTS:
1. Person shall threaten another with a
weapon, or draw weapon in a quarrel
unless in self-defense.
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2. In the heat of anger, person orally
threatens another with some harm
constituting a crime, without persisting in
the idea involved in the threat.
Subsequent acts did not persist.
3. Person orally threatens another with harm
not constituting a felony.
Art. 286. Grave coercions The penalty of arresto
mayor and a fine not exceeding 500 pesos shall be
imposed upon any person who, without authority of
law, shall, by means of violence, prevent another from
doing something not prohibited by law, or compel him
to do something against his will, whether it be right or
wrong.
If the coercion be committed for the purpose of
compelling another to perform any religious act or to
prevent him from so doing, the penalty next higher in
degree shall be imposed.
ELEMENTS:
1. That a person prevented another from
doing something OR not to do something
against his will, be it right or wrong;
2. That the prevention or compulsion be
effected by violence, of force as would
produce intimidation and control the will.
3. That the person that restrained the will
and liberty by another had not the
authority of law or the right to do so, or, in
other words, that the restraint shall not be
made under authority of law or in the
exercise of any lawful right.
Art. 287. Light coercions Any person who, by
means of violence, shall seize anything belonging to
his debtor for the purpose of applying the same to the
payment of the debt, shall suffer the penalty of arresto
mayor in its minimum period and a fine equivalent to
the value of the thing, but in no case less than 75
pesos.
Any other coercions or unjust vexations shall be
punished by arresto menor or a fine ranging from 5
pesos to 200 pesos, or both.
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;
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4. That the purpose of the offender is to
apply the same to the payment of the
debt.
Art. 288. Other similar coercions; (Compulsory
purchase of merchandise and payment of wages by
means of tokens.) The penalty of arresto mayor or
a fine ranging from 200 to 500 pesos, or both, shall be
imposed upon any person, agent or officer, of any
association or corporation who shall force or compel,
directly or indirectly, or shall knowingly permit any
laborer or employee employed by him or by such firm
or corporation to be forced or compelled, to purchase
merchandise or commodities of any kind.
The same penalties shall be imposed upon any
person who shall pay the wages due a laborer or
employee employed by him, by means of tokens or
objects other than the legal tender currency of the
laborer or employee.
ELEMENTS PAR. 1
1. That the offender is any person, agent or
officer of any association or corporation.
2. That he or such firm or corporation has
employed laborers or employees.
3. That he forces or compels, directly or
indirectly, or knowingly permits to be
forced or compelled, any of his or its
laborers or employees to purchase
merchandise or commodities of any kind
from his or from said firm or corporation.
ELEMENTS OF PAR. 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 to the
Philippines.
3. That such employee or laborer does not
expressly request that he be paid by
means of tokens or objects.
Art. 289. Formation, maintenance and prohibition
of combination of capital or labor through
violence or threats The penalty of arresto mayor
and a fine not exceeding 300 pesos shall be imposed
upon any person who, for the purpose of organizing,
maintaining or preventing coalitions or capital or labor,
strike of laborers or lock-out of employees, shall
employ violence or threats in such a degree as to
compel or force the laborers or employers in the free
and legal exercise of their industry or work, if the act
shall not constitute a more serious offense in
accordance with the provisions of this Code.
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ELEMENTS:
1. That the offender employs violence or
threats, in such a degree as to compel or
force the laborers or employers in the free
and legal exercise of their industry or
work
2. That the purpose is to organize, maintain
or prevent coalitions of capital or labor,
strike of laborers or lockout of employees.
CHAPTER 3: DISCOVERY AND REVELATION OF
SECRETS
Art. 290. Discovering secrets through seizure of
correspondence The penalty of prision
correccional in its minimum and medium periods and
a fine not exceeding 500 pesos shall be imposed
upon any private individual who in order to discover
the secrets of another, shall seize his papers or letters
and reveal the contents thereof.
If the offender shall not reveal such secrets, the
penalty shall be arresto mayor and a fine not
exceeding 500 pesos.
The provision shall not be applicable to parents,
guardians, or persons entrusted with the custody of
minors with respect to the papers or letters of the
children or minors placed under their care or study,
nor to spouses with respect to the papers or letters of
either of them.
ELEMENTS:
1. That the offender is a private individual or
even a public officer not in the exercise of
his official function,
2. That he seizes the papers or letters of
another.
3. That the purpose is to discover the
secrets of such another person.
4. That offender is informed of the contents
or the papers or letters seized.
Not applicable to parents with respect to
minor children
Contents need not be secret but purpose
prevails
Circumstances qualifying the offense:
when the offender reveals contents of
such papers or letters of another to a 3 rd
person, the penalty is higher
Art. 291. Revealing secrets with abuse of office
The penalty of arresto mayor and a fine not exceeding
500 pesos shall be imposed upon any manager,
79
employee, or servant who, in such capacity, shall
learn the secrets of his principal or master and shall
reveal such secrets.
ELEMENTS:
1. That the offender is a manager, employee
or servant.
2. That he learns the secrets of his principal
or master in such capacity.
3. That he reveals such secrets.
Art. 292. Revelation of industrial secrets The
penalty of prision correccional in its minimum and
medium periods and a fine not exceeding 500 pesos
shall be imposed upon the person in charge,
employee or workman of any manufacturing or
industrial establishment who, to the prejudice of the
owner thereof, shall reveal the secrets of the industry
of the latter.
ELEMENTS:
1. That the offender is a person in charge,
employee or workman of a manufacturing
or industrial establishment.
2. That the manufacturing or industrial
establishment has a secret of the industry
which the offender has learned.
3. That the offender reveals such secrets.
4. That the prejudice is caused to the owner.
TITLE TEN
CRIMES AGAINST PROPERTY
CHAPTER 1: ROBBERY IN GENERAL
Art. 293. Who are guilty of robbery Any person
who, with intent to gain, shall take any personal
property belonging to another, by means of violence
or intimidation of any person, or using force upon
anything shall be guilty of robbery.
ELEMENTS:
1. That there be personal property belonging
to another.
2. That there is unlawful taking of that
property.
3. That the taking must be with intent to
gain, and
4. That there is violence against or
intimidation of any person, or force upon
anything.
Belonging to another person from whom
property was taken need not be the
owner, legal possession is sufficient
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Name of the real owner is not essential so
long as the personal property taken does
not belong to the accused except if crime
is robbery with homicide
Taking of personal property must be
unlawful; if given in trust estafa
As to robbery with violence or intimidation
from the moment the offender gains
possession of the thing even if offender
has had no opportunity to dispose of the
same, the unlawful taking is complete
As to robbery with force upon things
thing must be taken out of the building
Intent to gain presumed from unlawful
taking
Taking must not be under the claim of title
or ownership
When theres no intent to gain but there is
violence in the taking grave coercion
Violence or intimidation must be against
the person of the offended party, not upon
the thing
General rule: violence or intimidation
must be present before the taking is
complete
Except: when violence results in
homicide, rape, intentional mutilation or
any of the serious physical injuries in par
1 and 2 of art 263, the taking of the
property is robbery complexed with any of
these crimes under art 294, even if taking
is already complete when violence was
used by the offender
Use of force upon things entrance to the
building by means described in arts 299
and 302 (offender must enter)
When both violence or intimidation and
force upon things concur it is robbery
with violence
Robbery with Grave threats Grave coercion
violence
Intent to gain No intent to gain None
Immediate Intimidation; Intimidation (effect) is
harm promises some immediate and
future harm or offended party is
injury compelled to do
something against his
will (w/n right or
wrong)
Robbery Bribery
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X didnt commit crime but is X has committed a crime
intimidated to deprive him of and gives money as way
his property to avoid arrest or
prosecution
Deprived of Php thru force or Giving of Php is in one
intimidation sense voluntary
Neither Transaction is voluntary
and mutual
Ex. defendant demands
payment of P2.00 with
threats of arrest and
prosecution, therefore,
robbery because (a) intent to
gain and (b) immediate harm
Section 1 Robbery with violence or
intimidation of persons
Art. 295. Robbery with violence against or
intimidation of persons; Penalties Any person
guilty of robbery with the use of violence against or
intimidation of any person shall suffer:
1. The penalty of reclusion perpetua to death, when
by reason or on occasion of the robbery, the crime of
homicide shall have been committed.
2. The penalty of reclusion temporal in its medium
period to reclusion perpetua when the robbery shall
have been accompanied by rape or intentional
mutilation, or if by reason or on occasion of such
robbery, any of the physical injuries penalized in
subdivision 1 of Article 263 shall have been inflicted;
Provided, however, that when the robbery
accompanied with rape is committed with a use of a
deadly weapon or by two or more persons, the
penalty shall be reclusion perpetua to death (As
amended by PD No. 767).
3. The penalty of reclusion temporal, when by reason
or on occasion of the robbery, any of the physical
injuries penalized in subdivision 2 of the article
mentioned in the next preceding paragraph, shall
have been inflicted.
4. The penalty of prision mayor in its maximum period
to reclusion temporal in its medium period, if the
violence or intimidation employed in the commission
of the robbery shall have been carried to a degree
clearly unnecessary for the commission of the crime,
or when the course of its execution, the offender shall
have inflicted upon any person not responsible for its
commission any of the physical injuries covered by
sub-divisions 3 and 4 of said Article 23.
5. The penalty of prision correccional in its maximum
period to prision mayor in its medium period in other
cases. (As amended by R. A. 18).
ELEMENTS:
1. Acts punished as robbery with violence
against or intimidation of persons
2. By reason or on occasion of the robbery,
the following are committed:
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a. homicide
b. robbery accompanied with rape or
intentional mutilation, SPI insane,
imbecile, impotent or blind
c. SPI lost the use of speech, hear,
smell, eye, hand, foot, arm, leg, use of
any such member, incapacitated for
work habitually engaged in
d. Violence/intimidation shall have been
carried to a degree clearly
unnecessary for the crime or when in
the cause of its execution
SPI/deformity, or shall have lost any
part of the body or the use thereof or
shall have been ill or incapacitated for
the performance of the work for > 90
days; > 30 days
e. Any kind of robbery with less serious
physical injuries or slight physical
injuries
SPECIAL COMPLEX CRIMES (specific
penalties prescribed)
1. robbery with homicide if original design
is robbery and homicide is committed
robbery with homicide even though
homicide precedes the robbery by an
appreciable time. If original design is not
robbery but robbery was committed after
homicide as an afterthought 2 separate
offenses. Still robbery with homicide if
the person killed was an innocent
bystander and not the person robbed and
if death supervened by mere accident.
2. robbery with rape intent to commit
robbery must precede rape. Prosecution
of the crime need not be by offended
party fiscal can sign the information.
When rape and homicide co-exist, rape
should be considered as aggravating only
and the crime is still robbery with
homicide
3. robbery with intimidation acts done by
the accused which by their own nature or
by reason of the circumstances inspire
fear in the person against whom they are
directed
4. qualifying circumstances in robbery with
violence or intimidation of persons, if any
of the offenses defined in subdivisions 3,
4 and 5 of Art 294 is committed:
81
a. in an uninhabited place or
b. by a band or
c. by attacking a moving train, street car,
motor vehicle or airship, or
d. by entering the passengers
compartments in a train, or in any
manner taking the passengers thereof
by surprise in the respective
conveyances, or
e. on a street, road, highway or alley and
the intimidation is made with the use
of firearms, the offender shall be
punished by the max period of the
proper penalties prescribed in art 294
Art. 295. Robbery with physical injuries,
committed in an uninhabited place and by a band,
or with the use of firearm on a street, road or alley
If the offenses mentioned in subdivisions three,
four, and five of the next preceding article shall have
been committed in an uninhabited place or by a band,
or by attacking a moving train, street car, motor
vehicle or airship, or by entering the passengers
compartments in a train or, in any manner, taking the
passengers thereof by surprise in the respective
conveyances, or on a street, road, highway, or alley,
and the intimidation is made with the use of a firearm,
the offender shall be punished by the maximum
period of the proper penalties.
In the same cases, the penalty next higher in degree
shall be imposed upon the leader of the band.
Must be alleged in the information
Cant be offset by generic mitigating
Art 295 will not apply to: robbery w/
homicide, rape or SPI under par 1 of art
263
Art. 296. Definition of a band and penalty incurred
by the members thereof When more than three
armed malefactors take part in the commission of a
robbery, it shall be deemed to have been committed
by a band. When any of the arms used in the
commission of the offense be an unlicensed firearm,
the penalty to be imposed upon all the malefactors
shall be the maximum of the corresponding penalty
provided by law, without prejudice of the criminal
liability for illegal possession of such unlicensed
firearms.
Any member of a band who is 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.
More than 3 armed malefactors
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Liability for the acts of the other members
of the band
Conspiracy to commit robbery with
homicide even if less than 4 armed men
Conspiracy to commit robbery only but
homicide was committed also on the
occasion thereof all members of the
band are liable for robbery with homicide
Conspiracy is presumed when 4 or more
armed persons committed robbery
Unless the others attempted to prevent
the assault guilty of robbery by band
only
a. he was a member of the band
b. he was present at the commission of
a robbery by that band
c. other members of the band committed
an assault
d. he did not attempt to prevent the
assault
Art. 297. Attempted and frustrated robbery
committed under certain circumstances When
by reason or on occasion of an attempted or
frustrated robbery a homicide is committed, the
person guilty of such offenses shall be punished by
reclusion temporal in its maximum period to reclusion
perpetua, unless the homicide committed shall
deserve a higher penalty under the provisions of this
Code.
Whether robbery is attempted or
frustrated, penalty is the same
Where offense committed is attempted or
frustrated robbery with serious physical
injuries article 48 is applicable
Art. 298. Execution of deeds by means of violence
or intimidation Any person who, with intent to
defraud another, by means of violence or intimidation,
shall compel him to sign, execute or deliver any public
instrument or documents, shall be held guilty of
robbery and punished by the penalties respectively
prescribed in this Chapter.
ELEMENTS:
1. That the offender has intent to defraud
another.
2. That the offender compels him to sign,
execute, or deliver any public instrument
or document.
3. That the compulsion is by means of
violence or intimidation.
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Section 2 Robbery by the use of force
upon things
Art. 299. Robbery in an inhabited house or public
building or edifice devoted to worship Any
armed person who shall commit robbery in an
inhabited house or public building or edifice devoted
to religious worship, shall be punished by reclusion
temporal, if the value of the property taken shall
exceed 250 pesos, and if:
(a) The malefactors shall enter the house or building
in which the robbery was committed, by any of the
following means:
1. Through a opening not intended for entrance or
egress.
2. By breaking any wall, roof, or floor or breaking any
door or window.
3. By using false keys, picklocks or similar tools.
4. By using any fictitious name or pretending the
exercise of public authority.
Or if
(b) The robbery be committed under any of the
following circumstances:
1. By the breaking of doors, wardrobes, chests, or any
other kind of locked or sealed furniture or receptacle;
2. By taking such furniture or objects to be broken or
forced open outside the place of the robbery.
When the offenders do not carry arms, and the value
of the property taken exceeds 250 pesos, the penalty
next lower in degree shall be imposed.
The same rule shall be applied when the offenders
are armed, but the value of the property taken does
not exceed 250 pesos.
When said offenders do not carry arms and the value
of the property taken does not exceed 250 pesos,
they shall suffer the penalty prescribed in the two next
preceding paragraphs, in its minimum period.
If the robbery be committed in one of the
dependencies of an inhabited house, public building,
or building dedicated to religious worship, the
penalties next lower in degree than those prescribed
in this article shall be imposed.
ELEMENTS: robbery in an inhabited house or
public building or edifice devoted to worship:
1. That the offender entered (a) an inhabited
house, or (b) public buildings, or (c)
edifice devoted to religious worship.
2. That the entrance was effected by any of
the following means:
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a. Through an opening not intended for
entrance or egress.
b. By breaking any wall, roof, or floor or
breaking any door or window.
c. By using false keys, picklocks or
similar tools or.
d. By using any fictitious name or
pretending the exercise of public
authority.
3. That once inside the building, the offender
took personal property belonging to
another with intent to gain.
Includes dependencies (stairways,
hallways, etc.)
Inhabited house any shelter, ship or
vessel constituting the dwelling of one or
more person even though temporarily
absent dependencies, courts, corals,
barns, etc.
Not included: orchard, lands for
cultivation.
Important for robbery by use of force
upon things, it is necessary that offender
enters the building or where object may
be found. NO ENTRY, NO ROBBERY
Entrance is necessary mere insertion of
hand is not enough (whole body); not to
get out but to enter therefore, evidence
to such effect is necessary
P v. Lamahang intent to rob being
present is necessary
Place: house or building; not car
Public building every building owned,
rented or used by the government
(though owned by private persons)
though temporarily vacant
Not robbery: passing through open door
but getting out of a window
Outside door must be broken, smashed.
Theft if lock is merely removed or door
was merely pushed
False keys genuine keys stolen from
the owner or any keys other than those
intended by the owner for use in the lock
Picklocks specially made, adopted for
commission of robbery
Key stolen not by force, otherwise, its
robbery by violence and intimidation
against persons
83
False key used in opening house and
not furniture inside, otherwise, theft (for
latter to be robbery., must be broken and
not just opened)
Gen. Rule: outside door. Exception:
inside door in a separate dwelling
E.g. pretending to be police to be able to
enter (not pretending after entrance)
ELEMENTS: robbery with force upon
subdivision:
1. That the offender is inside a dwelling
house, public building, or edifice devoted
to religious worship, regardless of the
circumstances under which he entered it
2. That the offender takes personal property
belonging to another with intent to gain,
under any of the following circumstances.
a. by the breaking of doors, wardrobes,
chests, or any other kind of locked or
sealed furniture or receptacle, or
b. by taking such furniture or objects
away to be broken or forced open
outside the place of the robbery.
Entrance ( no matter how done)
Offender may be servants or guests
Destruction of keyhole of cabinet is
robbery here
When sealed box is taken out for the
purpose of breaking it, no need to open
already consummated robbery
Estafa if box is in the custody of acc
Theft if box found outside and forced
open
Art. 300. Robbery in an uninhabited place and by
a band The robbery mentioned in the next
preceding article, if committed in an uninhabited place
and by a band, shall be punished by the maximum
period of the penalty provided therefor.
Art. 301. What is an inhabited house, public
building or building dedicated to religious
worship and their dependencies Inhabited house
means any shelter, ship or vessel constituting the
dwelling of one or more persons, even though the
inhabitants thereof shall temporarily be absent
therefrom when the robbery is committed.
All interior courts, corrals, waterhouses, granaries,
barns, coach-houses, stables or other departments or
inclosed places contiguous to the building or edifice,
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having an interior entrance connected therewith, and
which form part of the whole, shall be deemed
dependencies of an inhabited house, public building
or building dedicated to religious worship.
Orchards and other lands used for cultivation or
production are not included in the terms of the next
preceding paragraph, even if closed, contiguous to
the building and having direct connection therewith.
The term public building includes every building
owned by the Government or belonging to a private
person not included used or rented by the
Government, although temporarily unoccupied by the
same.
1. dependencies are all interior courts,
corrals, warehouses, granaries or
enclosed places:
a. contiguous to the building
b. having an interior entrance connected
therewith
c. which form part of the whole
2. Garage must have 3 requirements.
Exception: orchards/lands
Art. 302. Robbery is an uninhabited place or in a
private building Any robbery committed in an
uninhabited place or in a building other than those
mentioned in the first paragraph of Article 299, if the
value of the property taken exceeds 250 pesos, shall
be punished by prision correccional if any of the
following circumstances is present:
1. If the entrance has been effected through any
opening not intended for entrance or egress.
2. If any wall, roof, flour or outside door or window has
been broken.
3. If the entrance has been effected through the use
of false keys, picklocks or other similar tools.
4. If any dorm, wardrobe, chest or by sealed or closed
furniture or receptacle has been broken.
5. If any closed or sealed receptacle, as mentioned in
the preceding paragraph, has been removed even if
the same to broken open elsewhere.
When the value of the property takes does not exceed
250 pesos, the penalty next lower in degree shall be
imposed.
In the cases specified in Articles 294, 295, 297, 299,
300, and 302 of this Code, when the property taken is
mail matter or large cattle, the offender shall suffer the
penalties next higher in degree than those provided in
said articles.
ELEMENTS:
84
1. That the offender entered an uninhabited
place or a building which was not a
dwelling house, not a public building, or
not an edifice devoted to religious
worship.
2. That any of the following circumstances
was present:
a. that entrance was effected through an
opening not intended for entrance or
egress.
b. a wall, roof, floor, or outside door or
window was broken.
c. the entrance was effected through the
use of false keys, picklocks or other
similar tools.
d. a door, wardrobe, chest, or any
sealed or closed furniture or
receptacle was broken or
e. a closed or sealed receptacle was
removed, even if the same be broken
open elsewhere.
3. That with intent to gain the offender took
therefrom personal property belonging to
another.
Second kind of robbery with force upon
things
Uninhabited place is an uninhabited
building (habitable, not any of the 3
places mentioned)
Ex. warehouse, freight car, store.
Exception: pigsty
Same manner as 299 except that was
entered into was an uninhabited place or
a building other than the 3 mentioned in
299. Exception: does not include use of
fictitious name or pretending the exercise
of public authority
Breaking of padlock (but not door) is only
theft
False keys genuine keys stolen from
the owner or any other keys other than
those intended by the owner for use in the
lock forcibly opened
Art. 303. Robbery of cereals, fruits, or firewood in
an uninhabited place or private building In the
cases enumerated in Articles 299 and 302, when the
robbery consists in the taking of cereals, fruits, or
firewood, the culprit shall suffer the penalty next lower
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in degree than that prescribed in said articles.
Art. 304. Possession of picklocks or similar tools
Any person who shall without lawful cause have in
his possession picklocks or similar tools especially
adopted to the commission of the crime of robbery,
shall be punished by arresto mayor in its maximum
period to prision correccional in its minimum period.
The same penalty shall be imposed upon any person
who shall make such tools. If the offender be a
locksmith, he shall suffer the penalty of prision
correccional in its medium and maximum periods.
ELEMENTS OF ART. 304
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.
NOTE: Actual use of the same is not
necessary
Art. 305. False keys The term false keys shall be
deemed to include:
1. The tools mentioned in the next preceding articles.
2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the owner
for use in the lock forcibly opened by the offender.
ELEMENTS:
1. Picklocks, etc.
2. Genuine key stolen from owner.
3. Any key other than those intended by
owner for use in the lock forcibly opened
by the offender
Possession of false keys here not
punishable
If key was entrusted and used to steal,
not robbery (not stolen)
CHAPTER 2: BRIGANDAGE
Art. 306. Who are brigands; Penalty When more
than three armed persons form a band of robbers for
the purpose of committing robbery in the highway, or
kidnapping persons for the purpose of extortion or to
obtain ransom or for any other purpose to be attained
by means of force and violence, they shall be deemed
highway robbers or brigands.
Persons found guilty of this offense shall be punished
by prision mayor in its medium period to reclusion
temporal in its minimum period if the act or acts
85
committed by them are not punishable by higher
penalties, in which case, they shall suffer such high
penalties.
If any of the arms carried by any of said persons be
an unlicensed firearms, it shall be presumed that said
persons are highway robbers or brigands, and in case
of convictions the penalty shall be imposed in the
maximum period.
Brigands more than three armed
persons forming a band
PURPOSE:
1. Robbery in highway
2. Kidnapping for extortion or ransom.
3. Any other purpose to be obtained by
means of force and violence.
PRESUMPTION OF BRIGANDAGE:
1. if members of lawless band and
possession of unlicensed firearms (any of
them)
2. possession of any kind of arms (not just
firearm)
BRIGANDAGE ROBBERY IN BAND
Purposes are given Only to commit robbery, not
necessarily in hi-way
Mere formation of a If the purpose is to commit a
band for the above part robbery
purpose
Necessary to prove that band
actually committed robbery
Art. 307. Aiding and abetting a band of brigands
Any person knowingly and in any manner aiding,
abetting or protecting a band of brigands as described
in the next preceding article, or giving them
information of the movements of the police or other
peace officers of the Government (or of the forces of
the United States Army), when the latter are acting in
aid of the Government, or acquiring or receiving the
property taken by such brigands shall be punished by
prision correccional in its medium period to prision
mayor in its minimum period.
It shall be presumed that the person performing any
of the acts provided in this article has performed them
knowingly, unless the contrary is proven.
ELEMENTS:
1. That there is a band of brigands.
2. That the offender knows the band to be of
brigands.
3. That the offender does any of the
following acts:
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a. he in any manner aids, abets or
protects such band if brigands, or
b. he gives them information of the
movements of the police or other
peace officers of the government or
c. he acquires or receives the property
taken by such brigands.
PD 532 brigandage. Seizure of any
person for: (a) ransom; (b) extortion or
other unlawful purpose; (c) taking away of
property by violence or intimidation or
force upon things or other unlawful means
Committed by any person
On any Phil hi-way
CHAPTER 3: THEFT
Art. 308. Who are liable for theft Theft is
committed by any person who, with intent to gain but
without violence against or intimidation of persons nor
force upon things, shall take personal property of
another without the latters consent.
Theft is likewise committed by:
1. Any person who, having found lost property, shall
fail to deliver the same to the local authorities or to its
owner;
2. Any person who, after having maliciously damaged
the property of another, shall remove or make use of
the fruits or object of the damage caused by him; and
3. Any person who shall enter an inclosed estate or a
field where trespass is forbidden or which belongs to
another and without the consent of its owner, shall
hunt or fish upon the same or shall gather cereals, or
other forest or farm products.
ELEMENTS OF THEFT:
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.
PERSONS LIABLE:
Those who
a) with intent to gain
b) but without violence against or
intimidation of persons not force upon
things
86
c) take
d) personal property
e) of another
f) without the latters consent
Those who
a) having found lost property
b) fail to deliver the same to local
authorities or its owner
Retention of money/property found is
theft. Retention is failure to return (intent
to gain)
Knowledge of owner is not required,
knowledge of loss is enough
Finder in law is liable
Those who:
a) after having maliciously damaged the
property of another
b) remove or make use of the fruits or
object of the damage caused by them
Killing of cattle of another which
destroyed his property and getting meat
for himself
Those who:
a) enter an enclosed estate or a field
where
b) trespass is forbidden or which belongs
to another and, without the consent of
its owner
c) hunts or fish upon the same or gather
fruits, cereals or other forest or farm
products
Theft is consummated when offender is
able to place the thing taken under his
control and in such a situation as he could
disclose of it at once (though no
opportunity to dispose) i.e, the control test
P v. Dino applies only in theft of bulky
goods (meaning there has to be capacity
to dispose of the things). Otherwise, P v.
Espiritu full possession is enough
Servant using car without permission
deemed qualified theft though use was
temporary
Reyes says: there must be some
character of permanency in depriving
owner of the use of the object and making
himself the owner, therefore must exclude
joyride
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Theft: if after custody (only material
possession) of object was given to the
accused, it is actually taken by him (no
intent to return) e.g. felonious conversion.
But it is estafa if juridical possession is
transferred e.g., by contract of bailment
Includes electricity and gas
inspector misreads meter to earn
one using a jumper
Selling share of co-partner is not theft
Salary must be delivered first to
employee; prior to this, taking of Php is
theft
If offender claims property as his own (in
good faith) not theft (though later found
to be untrue. If in bad faith theft)
Gain is not just Php satisfaction, use,
pleasure desired, any benefit (e.g.
joyride)
Actual gain is not necessary (intent to
gain necessary)
Allege lack of consent in info is important
ELEMENTS PAR. 3:
1. That there is an enclosed estate or a field
where trespass is forbidden or which
belongs to another;
2. That the offender enters the same.
3. That the offender hunts or fishes upon the
same or gathers fruits, cereals or other
forest or farm products, and
4. That the hunting or fishing or gathering of
products is without the consent of the
owner.
NOTE: Fish not in fishpond, otherwise,
qualified
Art. 309. Penalties Any person guilty of theft shall
be punished by:
1. The penalty of prision mayor in its minimum and
medium periods, if the value of the thing stolen is
more than 12,000 pesos but does not exceed 22,000
pesos, but if the value of the thing stolen exceeds the
latter amount the penalty shall be the maximum
period of the one prescribed in this paragraph, and
one year for each additional ten thousand pesos, but
the total of the penalty which may be imposed shall
not exceed twenty years. In such cases, and in
connection with the accessory penalties which may
be imposed and for the purpose of the other
provisions of this Code, the penalty shall be termed
prision mayor or reclusion temporal, as the case may
87
be.
2. The penalty of prision correccional in its medium
and maximum periods, if the value of the thing stolen
is more than 6,000 pesos but does not exceed 12,000
pesos.
3. The penalty of prision correccional in its minimum
and medium periods, if the value of the property
stolen is more than 200 pesos but does not exceed
6,000 pesos.
4. Arresto mayor in its medium period to prision
correccional in its minimum period, if the value of the
property stolen is over 50 pesos but does not exceed
200 pesos.
5. Arresto mayor to its full extent, if such value is over
5 pesos but does not exceed 50 pesos.
6. Arresto mayor in its minimum and medium periods,
if such value does not exceed 5 pesos.
7. Arresto menor or a fine not exceeding 200 pesos, if
the theft is committed under the circumstances
enumerated in paragraph 3 of the next preceding
article and the value of the thing stolen does not
exceed 5 pesos. If such value exceeds said amount,
the provision of any of the five preceding subdivisions
shall be made applicable.
8. Arresto menor in its minimum period or a fine not
exceeding 50 pesos, when the value of the thing
stolen is not over 5 pesos, and the offender shall have
acted under the impulse of hunger, poverty, or the
difficulty of earning a livelihood for the support of
himself or his family.
Art. 310. Qualified theft The crime of theft shall
be punished by the penalties next higher by two
degrees than those respectively specified in the next
preceding article, if committed by a domestic servant,
or with grave abuse of confidence, or if the property
stolen is motor vehicle, mail matter or large cattle or
consists of coconuts taken from the premises of the
plantation or fish taken from a fishpond or fishery, or if
property is taken on the occasion of fire, earthquake,
typhoon, volcanic erruption, or any other calamity,
vehicular accident or civil disturbance. (As amended
by R.A. 120 and B.P. Blg. 71. May 1, 1980).
ELEMENTS:
1. Committed by domestic servant, or
2. With grave abuse of confidence, or
3. Property stolen is:
a. motor vehicle
b. mail matter
c. large cattle
d. coconut from plantation
e. fish from fishpond or fishery, or
f. on occasion of calamities and civil
disturbance.
grave abuse high degree of
confidence e.g. guests
no confidence, not qualified theft
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theft material possession estafa
juridical possession
qualified: if done by one who has access
to place where stolen property is kept
e.g., guards, tellers
novation theory applies only if theres a
relation
industrial partner is not liable for QT
(estafa)
when accused considered the deed of
sale as sham (modus) and he had intent
to gain, his absconding is QT
see carnapping law: RA 6539
motor vehicle in kabit system sold to
another-theft. Motor vehicle not used as
PU in kabit system but under K of lease-
estafa
mail matter private mail to be QT, Not
postmaster Art. 226
theft of large cattle
Art. 311. Theft of the property of the National
Library and National Museum If the property
stolen be any property of the National Library or the
National Museum, the penalty shall be arresto mayor
or a fine ranging from 200 to 500 pesos, or both,
unless a higher penalty should be provided under
other provisions of this Code, in which case, the
offender shall be punished by such higher penalty.
CHAPTER 4: USURPATION
Art. 312. Occupation of real property or
usurpation of real rights in property Any person
who, by means of violence against or intimidation of
persons, shall take possession of any real property or
shall usurp any real rights in property belonging to
another, in addition to the penalty incurred for the acts
of violence executed by him, shall be punished by a
fine from 50 to 100 per centum of the gain which he
shall have obtained, but not less than 75 pesos.
If the value of the gain cannot be ascertained, a fine
of from 200 to 500 pesos shall be imposed.
ELEMENTS:
1. That the offender takes possession of any
real property or usurps any real rights in
property.
2. That the real property or real rights
belong to another.
3. That violence against or intimidation of
persons is used by the offender in
occupying real property or usurpation real
rights in property.
88
4. That there is intent to gain.
Art. 313. Altering boundaries or landmarks Any
person who shall alter the boundary marks or
monuments of towns, provinces, or estates, or any
other marks intended to designate the boundaries of
the same, shall be punished by arresto menor or a
fine not exceeding 100 pesos, or both.
ELEMENTS:
1. That there be boundary marks or
monuments of towns, provinces, or
estates, or any other marks intended to
designate the boundaries of the same.
2. That the offender alters said boundary
marks.
CHAPTER 5: CULPABLE INSOLVENCY
Art. 314. Fraudulent insolvency Any person who
shall abscond with his property to the prejudice of his
creditors, shall suffer the penalty of prision mayor, if
he be a merchant and the penalty of prision
correccional in its maximum period to prision mayor in
its medium period, if he be not a merchant.
ELEMENTS: (culpable insolvency)
1. That the offender is a debtor; that is, he
was obligations due and payable.
2. That he absconds with his property.
3. That there be prejudice to his creditors.
CHAPTER 6: SWINDLING AND OTHER DECEITS
Art. 315. Swindling (estafa) Any person who shall
defraud another by any of the means mentioned
hereinbelow shall be punished by:
1st. The penalty of prision correccional in its
maximum period to prision mayor in its minimum
period, if the amount of the fraud is over 12,000 pesos
but does not exceed 22,000 pesos, and if such
amount exceeds the latter sum, the penalty provided
in this paragraph shall be imposed in its maximum
period, adding one year for each additional 10,000
pesos; but the total penalty which may be imposed
shall not exceed twenty years. In such cases, and in
connection with the accessory penalties which may
be imposed under the provisions of this Code, the
penalty shall be termed prision mayor or reclusion
temporal, as the case may be.
2nd. The penalty of prision correccional in its
minimum and medium periods, if the amount of the
fraud is over 6,000 pesos but does not exceed 12,000
pesos;
3rd. The penalty of arresto mayor in its maximum
period to prision correccional in its minimum period if
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such amount is over 200 pesos but does not exceed
6,000 pesos; and
4th. By arresto mayor in its maximum period, if such
amount does not exceed 200 pesos, provided that in
the four cases mentioned, the fraud be committed by
any of the following means:
1. With unfaithfulness or abuse of confidence,
namely:
(a) By altering the substance, quantity, or quality or
anything of value which the offender shall deliver by
virtue of an obligation to do so, even though such
obligation be based on an immoral or illegal
consideration.
(b) By misappropriating or converting, to the prejudice
of another, money, goods, or any other personal
property received by the offender in trust or on
commission, or for administration, or under any other
obligation involving the duty to make delivery of or to
return the same, even though such obligation be
totally or partially guaranteed by a bond; or by
denying having received such money, goods, or other
property.
(c) By taking undue advantage of the signature of the
offended party in blank, and by writing any document
above such signature in blank, to the prejudice of the
offended party or of any third person.
2. By means of any of the following false pretenses or
fraudulent acts executed prior to or simultaneously
with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to
possess power, influence, qualifications, property,
credit, agency, business or imaginary transactions, or
by means of other similar deceits.
(b) By altering the quality, fineness or weight of
anything pertaining to his art or business.
(c) By pretending to have bribed any Government
employee, without prejudice to the action for calumny
which the offended party may deem proper to bring
against the offender. In this case, the offender shall
be punished by the maximum period of the penalty.
(d) [By post-dating a check, or issuing a check in
payment of an obligation when the offender therein
were not sufficient to cover the amount of the check.
The failure of the drawer of the check to deposit the
amount necessary to cover his check within three (3)
days from receipt of notice from the bank and/or the
payee or holder that said check has been dishonored
for lack of insufficiency of funds shall be prima facie
evidence of deceit constituting false pretense or
fraudulent act. (As amended by R.A. 4885, approved
June 17, 1967.)]
(e) By obtaining any food, refreshment or
accommodation at a hotel, inn, restaurant, boarding
house, lodging house, or apartment house and the
like without paying therefor, with intent to defraud the
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proprietor or manager thereof, or by obtaining credit
at hotel, inn, restaurant, boarding house, lodging
house, or apartment house by the use of any false
pretense, or by abandoning or surreptitiously
removing any part of his baggage from a hotel, inn,
restaurant, boarding house, lodging house or
apartment house after obtaining credit, food,
refreshment or accommodation therein without paying
for his food, refreshment or accommodation.
3. Through any of the following fraudulent means:
(a) By inducing another, by means of deceit, to sign
any document.
(b) By resorting to some fraudulent practice to insure
success in a gambling game.
(c) By removing, concealing or destroying, in whole or
in part, any court record, office files, document or any
other papers.
ELEMENTS of estafa in general:
1. That the accused defrauded another (a.)
by abuse of confidence, or (b) or means
of deceit and
2. That damage or prejudice capable of
pecuniary estimation is caused to the
offended party or third person
ELEMENTS of estafa with unfaithfulness:
1. That the offender has an onerous
obligation to deliver something of value.
2. That he alters its substance, quantity, or
quality.
3. That damage or prejudice is caused to
another.
ELEMENTS of estafa with abuse of confidence
under subdivision no.1 par. (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 dental on his part of such
receipt.
3. That such misappropriation or conversion
or dental is to the prejudice of another
and
4. That there is a demand made by the
offended party to the offender.
2ND ELEMENT of estafa with abuse of confidence
under paragraph (b), subdivision n0.1
3 WAYS OF COMMITTING:
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1. By misappropriating the thing received.
2. By converting the thing received.
3. By denying that the thing was received.
Unfaithful or Abuse of Confidence
a. by altering the substance
b. existing obligation to deliver even if
it is not a subject of lawful commerce
c. thing delivered has not been fully or
partially paid for not estafa
no agreement as to quality No estafa if
delivery is unsatisfactory
By misappropriating and converting
a. thing is received by offender under
transactions transferring juridical
possession, not ownership
b. under PD 115 (Trust Receipts Law)
failure to turn over to the bank the
proceeds of the sale of the goods
covered by TR Estafa
c. same thing received must be returned
otherwise estafa; sale on credit by
agency when it was to be sold for
cash estafa
d. Estafa not affected by Novation of
Contract because it is a public offense
e. Novation must take place before
criminal liability was incurred or
perhaps prior to the filing of the
criminal information in court by state
prosecutors
f. Misappropriating to take something
for ones own benefit
g. Converting act of using or disposing
of anothers property as if it was ones
own; thing has been devoted for a
purpose or use different from that
agreed upon
There must be prejudice to another not
necessary that offender should obtain
gain
When in the prosecution for malversation
the public officer is acquitted, the private
individual allegedly in conspiracy with him
may be held liable for estafa
Partners No estafa of money or
property received for the partnership
when the business is commercial and
profits accrued. BUT if property is
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received for specific purpose and is
misappropriated estafa!
Failure to account after the DEMAND is
circumstantial evidence of
misappropriation
DEMAND is not a condition precedent to
existence of estafa when
misappropriation may be established by
other proof
In theft, upon delivery of the thing to the
offender, the owner expects an immediate
return of the ting to him otherwise,
Estafa
Servant, domestic or employee who
misappropriates a thing he received from
his master is NOT guilty of estafa but of
qualified theft
Estafa with abuse of Malversation
confidence
Offenders are entrusted with offenders are entrusted
funds or property and are with funds or property and
continuing offenses are continuing offenses
Funds: always private Funds: public funds or
property
Offender: private individual, Offender: public officer
or public officer not accountable for public
accountable funds
Committed by Committed by
misappropriating, appropriating, taking,
converting, denying having misappropriating
received money
ELEMENTS of estafa by taking undue advantage
of the signature in blank:
1. That the paper with the signature of the
offended party be in blank.
2. That the offended party should have
delivered it to offender.
3. That above the signature of the offended
party a document is written by the
offender without authority to do so.
4. That the document so written creates a
liability of, or causes damage to, the
offended party or any third person.
NOTE: If the paper with signature in blank
was stolen Falsification if by making it
appear that he participated in a transaction
when in fact he did not so participate.
ELEMENTS of estafa by means of deceit:
1. That there must be a false pretense,
fraudulent means must be made or
executed prior to or
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2. That such false pretense, fraudulent act
or fraudulent means must be made or
executed prior to or simultaneously with
the commission of the fraud.
3. That the offended party must have relied
on the false pretense, fraudulent act, or
fraudulent means, that is, he was induced
to part with his money or property
because of the false pretense, fraudulent
act, or fraudulent means.
4. That as a result thereof, the offended
party suffered damage.
False pretenses or fraudulent acts
executed prior to or simultaneously with
delivery of the thing by the complainant
There must be evidence that the pretense
of the accused that he possesses
power/influence is false.
ELEMENTS of estafa by postdating a check or
issuing a check in payment of an obligation:
1. That the offender postdated a check, or
issued a check in payment of an
obligation.
2. That such postdatig or issuing a check
was done when the offender had no funds
in the bank or his funds deposited therein
were not sufficient to cover the amount of
the check.
Good faith is a defense. (PP. VS.
VILLAPANDO, 56 PHIL.31)
Dishonor from lack of funds to prima facie
evidence of deceit or failure to make good
within three days after notice of.
No funds in the bank or his funds are not
sufficient
If check was issued in payment of pre-
existing debt no estafa
Offender must be able to obtain
something from the offended party by
means of the check he issues and
delivers
If postdating a check issued as mere
guarantee/promissory note no estafa.
ELEMENTS of offense defined in the first
paragraph of section 1: BP 22
1. That a person makes or draws and issues
any check.
91
2. That the check is made or drawn and
issued to apply on account or for value.
3. That the person who makes or draws and
issues the check knows at the time of
issue that he does not have sufficient
funds in or credit with the drawee bank for
the payment of such check in full upon its
presentment.
That the check is subsequently
dishonored by the drawee bank for
insufficiency of funds or credit, or
would have been
Dishonored for the same reason had not
the drawee, without any valid reason,
ordered the bank to stop payment.
NOTE: Failure to make good within 5 banking
days prima facie evidence of knowledge of
lack and insufficiency
ELEMENTS of the offense defined in the second
paragraph of section 1: BP 22
1. That a person has sufficient funds in or
credit with the drawee bank when he
makes or draws and issues a check.
2. That he fails to keep sufficient funds or to
maintain a credit to cover the full amount
of the check if presented within a period
of 90 days from the date appearing
thereon.
3. That the check is dishonored by the
drawee bank.
NOTE: Failure to make good within 5 banking
days prima facie evididence of knowledge of
lack and insufficiency
ELEMENTS of estafa by inducing another to sign
any documents:
1. That the offender induced the offended
party to sign a document.
2. That deceit be employed to make him
sign the document.
3. That the offended party personally signed
the document.
4. That prejudice be caused.
NOTE: If offended party willingly signed the
document and there was deceit as to the
character or contents of the document
falsification; but where the accused made
representation to mislead the complainants
as to the character of the documents estafa
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ELEMENTS of estafa by removing, concealing or
destroying documents:
1. That there be court records, 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.
NOTE: No intent to defraud destroying or
removal = malicious mischief
ELEMENTS of damage or prejudice may consist
of the ff:
1. The offender party being deprived of his
money or property, as a result of the
defraudation.
2. Disturbance in property right or
3. Temporary prejudice.
Art. 316. Other forms of swindling The penalty of
arresto mayor in its minimum and medium period and
a fine of not less than the value of the damage
caused and not more than three times such value,
shall be imposed upon:
1. Any person who, pretending to be owner of any
real property, shall convey, sell, encumber or
mortgage the same.
2. Any person, who, knowing that real property is
encumbered, shall dispose of the same, although
such encumbrance be not recorded.
3. The owner of any personal property who shall
wrongfully take it from its lawful possessor, to the
prejudice of the latter or any third person.
4. Any person who, to the prejudice of another, shall
execute any fictitious contract.
5. Any person who shall accept any compensation
given him under the belief that it was in payment of
services rendered or labor performed by him, when in
fact he did not actually perform such services or labor.
6. Any person who, while being a surety in a bond
given in a criminal or civil action, without express
authority from the court or before the cancellation of
his bond or before being relieved from the obligation
contracted by him, shall sell, mortgage, or, in any
other manner, encumber the real property or
properties with which he guaranteed the fulfillment of
such obligation.
ELEMENTS OF SWINDLING PAR 1:
1. That the thing be immovable, such as a
parcel of land or a building.
2. That the offender who is not the owner of
said property represented that he is the
owner thereof.
3. That the offender should have executed
an act of ownership (selling, leasing,
92
encumbering or mortgaging the real
property).
4. That the act be made to the prejudice of
the owner or a third person.
ESTAFA INFIDELITY IN THE CUSTODY
OF DOCUMENTS
Private individual Public officer entrusted
was entrusted
Intent to defraud No intent to defraud
ELEMENTS OF SWINDLING PAR 2:
1. That the thing disposed of be real
property.
2. That the offender knew that the real
property was encumbered, whether the
encumbrance is recorded or not.
3. That there must be express
representation by the offender that the
real property is free from encumbrance.
4. That the act of disposing of the real
property be made to the damage of
another.
ELEMENTS OF SWINDLING PAR 3:
1. That the offender is the owner of personal
property.
2. That said personal property is in the
lawful possession of another.
3. That the offender wrongfully takes it from
its lawful possessor.
4. That prejudice is thereby caused to the
possessor or third person.
ELEMENTS OF SWINDLING PAR 6:
1. That the offender is a surety in a bond
given in a criminal or civil action.
2. That he guaranteed the fulfillment of such
obligation with his real property or
properties.
3. That he sells, mortgages, or, in any other
manner encumbers said real property.
4. That such sale, mortage or encumbrance
is (a) without express authority from the
court, or (b) made before the cancellation
of his bond, or (c) before being relieved
from the obligation contracted by him.
Art. 317. Swindling a minor Any person who
taking advantage of the inexperience or emotions or
feelings of a minor, to his detriment, shall induce him
to assume any obligation or to give any release or
execute a transfer of any property right in
consideration of some loan of money, credit or other
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personal property, whether the loan clearly appears in
the document or is shown in any other form, shall
suffer the penalty of arresto mayor and a fine of a
sum ranging from 10 to 50 per cent of the value of the
obligation contracted by the minor.
ELEMENTS:
1. That the offender takes advantage of the
inexperience or emotions or feelings of a
minor.
2. That he induces such minor (a) ro
assume an obligation, or (b) to give
release, or (c) to execute a transfer of any
property right.
3. That the consideration is (a) some loan of
money (b) credit or (c) other personal
property.
4. That the transaction is to the detriment of
such minor.
Art. 318. Other deceits The penalty of arresto
mayor and a fine of not less than the amount of the
damage caused and not more than twice such
amount shall be imposed upon any person who shall
defraud or damage another by any other deceit not
mentioned in the preceding articles of this chapter.
Any person who, for profit or gain, shall interpret
dreams, make forecasts, tell fortunes, or take
advantage of the credulity of the public in any other
similar manner, shall suffer the penalty of arresto
mayor or a fine not exceeding 200 pesos.
ELEMENTS:
1. not mentioned above;
2. interpretation of dreams, forecast, future-
telling for profit or gain.
CHAPTER 7: CHATTEL MORTGAGE
Art. 319. Removal, sale or pledge of mortgaged
property The penalty or arresto mayor or a fine
amounting to twice the value of the property shall be
imposed upon:
1. Any person who shall knowingly remove any
personal property mortgaged under the Chattel
Mortgage Law to any province or city other than the
one in which it was located at the time of the
execution of the mortgage, without the written consent
of the mortgagee, or his executors, administrators or
assigns.
2. Any mortgagor who shall sell or pledge personal
property already pledged, or any part thereof, under
the terms of the Chattel Mortgage Law, without the
consent of the mortgagee written on the back of the
mortgage and noted on the record hereof in the office
of the Register of Deeds of the province where such
property is located.
93
ELEMENTS of selling or pledging personal
property already pledged:
1. That personal property is already pledged
under the terms of the chattel mortgage
law.
2. That the offender, who is the mortgagee
of such property, sells or pledges the
same or any part thereof.
3. That there is no consent of the mortgagee
written on the back of the mortgage and
noted on the record thereof in the office of
the register of deeds.
ELEMENTS of knowingly removing mortgaged
personal property:
1. That personal property is mortgaged
under the chattel mortage law.
2. That the offender knows that such
property is so mortaged.
3. That he removes such mortgaged
personal to any province or city other than
the one in which it was located at the time
of the execution of the mortgage.
4. That the removal is permanent.
5. That there is no written consent of the
mortgagee or his executors,
administration or assigns to such
removal.
CHAPTER 8: ARSON AND OTHER CRIMES
INVOLVING DESTRUCTIONS
NOTE: PD 1613 expressly repealed or
amended Arts 320-326, but PD 1744 revived
Art 320
Art. 320. Destructive arson The penalty of
reclusion temporal in its maximum period to reclusion
perpetua shall be imposed upon any person who shall
burn:
1. Any arsenal, shipyard, storehouse or military
powder or fireworks factory, ordinance, storehouse,
archives or general museum of the Government.
2. Any passenger train or motor vehicle in motion or
vessel out of port.
3. In an inhabited place, any storehouse or factory of
inflammable or explosive materials.
Art. 321. Other forms of arson When the arson
consists in the burning of other property and under
the circumstances given hereunder, the offender shall
be punishable:
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1. By reclusion temporal or reclusion perpetua:
(a) if the offender shall set fire to any building,
farmhouse, warehouse, hut, shelter, or vessel in port,
knowing it to be occupied at the time by one or more
persons;
(b) If the building burned is a public building and value
of the damage caused exceeds 6,000 pesos;
(c) If the building burned is a public building and the
purpose is to destroy evidence kept therein to be
used in instituting prosecution for the punishment of
violators of the law, irrespective of the amount of the
damage;
(d) If the building burned is a public building and the
purpose is to destroy evidence kept therein to be
used in legislative, judicial or administrative
proceedings, irrespective of the amount of the
damage; Provided, however, That if the evidence
destroyed is to be used against the defendant for the
prosecution of any crime punishable under existing
laws, the penalty shall be reclusion perpetua;
(e) If the arson shall have been committed with the
intention of collecting under an insurance policy
against loss or damage by fire.
2. By reclusion temporal:
(a) If an inhabited house or any other building in
which people are accustomed to meet is set on fire,
and the culprit did not know that such house or
building was occupied at the time, or if he shall set fire
to a moving freight train or motor vehicle, and the
value of the damage caused exceeds 6,000 pesos;
(b) If the value of the damage caused in paragraph (b)
of the preceding subdivision does not exceed 6,000
pesos;
(c) If a farm, sugar mill, cane mill, mill central, bamboo
groves or any similar plantation is set on fire and the
damage caused exceeds 6,000 pesos; and
(d) If grain fields, pasture lands, or forests, or
plantings are set on fire, and the damage caused
exceeds 6,000 pesos.
3. By prision mayor:
(a) If the value of the damage caused in the case
mentioned in paragraphs (a), (c), and (d) in the next
preceding subdivision does not exceed 6,000 pesos;
(b) If a building not used as a dwelling or place of
assembly, located in a populated place, is set on fire,
and the damage caused exceeds 6,000 pesos;
4. By prision correccional in its maximum period
to prision mayor in its medium period:
(a) If a building used as dwelling located in an
uninhabited place is set on fire and the damage
caused exceeds 1,000 pesos;
(b) If the value or the damage caused in the case
mentioned in paragraphs (c) and (d) of subdivision 2
of this article does not exceed 200 pesos.
5. By prision correccional in its medium period to
prision mayor in its minimum period, when the
damage caused is over 200 pesos but does not
exceed 1,000 pesos, and the property referred to in
paragraph (a) of the preceding subdivision is set on
fire; but when the value of such property does not
exceed 200 pesos, the penalty next lower in degree
than that prescribed in this subdivision shall be
94
imposed.
6. The penalty of prision correccional in its
medium and maximum periods, if the damage
caused in the case mentioned in paragraph (b) of
subdivision 3 of this article does not exceed 6,000
pesos but is over 200 pesos.
7. The penalty of prision correccional in its
minimum and medium periods, if the damage
caused in the case mentioned paragraph (b)
subdivision 3 of this article does not exceed 200
pesos.
8. The penalty of arresto mayor and a fine ranging
from fifty to one hundred per centum if the
damage caused shall be imposed, when the
property burned consists of grain fields, pasture
lands, forests, or plantations when the value of such
property does not exceed 200 pesos. (As amended
by R.A. 5467, approved May 12, 1969).
Art. 322. Cases of arson not included in the
preceding articles Cases of arson not included in
the next preceding articles shall be punished:
1. By arresto mayor in its medium and maximum
periods, when the damage caused does not exceed
50 pesos;
2. By arresto mayor in its maximum period to prision
correccional in its minimum period, when the damage
caused is over 50 pesos but does not exceed 200
pesos;
3. By prision correccional in its minimum and medium
periods, if the damage caused is over 200 pesos but
does not exceed 1,000 pesos; and
4. By prision correccional in its medium and maximum
periods, if it is over 1,000 pesos.
Art. 323. Arson of property of small value The
arson of any uninhabited hut, storehouse, barn, shed,
or any other property the value of which does not
exceed 25 pesos, committed at a time or under
circumstances which clearly exclude all danger of the
fire spreading, shall not be punished by the penalties
respectively prescribed in this chapter, but in
accordance with the damage caused and under the
provisions of the following chapter.
Art. 324. Crimes involving destruction Any
person who shall cause destruction by means of
explosion, discharge of electric current, inundation,
sinking or stranding of a vessel, intentional damaging
of the engine of said vessel, taking up the rails from a
railway track, maliciously changing railway signals for
the safety of moving trains, destroying telegraph wires
and telegraph posts, or those of any other system,
and, in general, by using any other agency or means
of destruction as effective as those above
enumerated, shall be punished by reclusion temporal
if the commission has endangered the safety of any
person, otherwise, the penalty of prision mayor shall
be imposed.
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Art. 325. Burning ones own property as means to
commit arson Any person guilty of arson or
causing great destruction of the property belonging to
another shall suffer the penalties prescribed in this
chapter, even though he shall have set fire to or
destroyed his own property for the purposes of
committing the
ELEMENTS of arsons of property of small
values:
1. That an uninhabited hut, storehouse,
barn, shed or any other property is
burned
2. That the value of the property burned
does not exceed 25 pesos
3. That the burning was done at a time or
under circumstances which clearly
exclude all danger of the fire spreading
ELEMENTS of crime involving destruction:
1. That the offender causes destruction of
the property
2. That the destruction was done by means
of:
a. explosion
b. discharge of electric current
c. inundation
d. sinking or stranding of a vessel
e. damaging the engine of the vessel
f. taking up rails from the railway track
g. destroying telegraph wires and posts
or those of any other system
h. other similar effective means of
destruction
ELEMENTS of burning ones property as a
means to commit arson:
1. That the offender set fire to or destroyed
his own property
2. That the purpose of the offender in doing
so was to commit arson or to cause a
great destruction
3. That the property belonging to another
was burned or destroyed
Art. 326-A. In cases where death resulted as a
consequence of arson If death resulted as a
consequence of arson committed on any of the
properties and under any of the circumstances
mentioned in the preceding articles, the court shall
impose the death penalty.
Art. 326-B. Prima facie evidence of arson Any of
the following circumstances shall constitute prima
facie evidence of arson:
95
1. If after the fire, are found materials or substances
soaked in gasoline, kerosene, petroleum, or other
inflammables, or any mechanical, electrical chemical
or traces or any of the foregoing.
2. That substantial amount of inflammable substance
or materials were stored within the building not
necessary in the course of the defendants business;
and
3. That the fire started simultaneously in more than
one part of the building or locale under circumstances
that cannot normally be due to accidental or
unintentional causes: Provided, however, That at
least one of the following is present in any of the three
above-mentioned circumstances:
(a) That the total insurance carried on the building
and/or goods is more than 80 per cent of the value of
such building and/or goods at the time of the fire;
(b) That the defendant after the fire has presented a
fraudulent claim for loss.
The penalty of prision correccional shall be imposed
on one who plants the articles above-mentioned, in
order to secure a conviction, or as a means of
extortion or coercion. (As amended by R.A. 5467,
approved May 12, 1969).
ELEMENTS of arson:
1. That the property burned is the exclusive
property of the offender
2. That (a) the purpose of the offender is
burning it is to defraud or cause damage
to another or (b) prejudice is actually
caused, or (c) the thing burned is a
building in an inhabited place
CHAPTER 9: MALICIOUS MISCHIEF
Art. 327. Who are liable for malicious mischief
Any person who shall deliberately cause the property
of another any damage not falling within the terms of
the next preceding chapter shall be guilty of malicious
mischief.
ELEMENTS:
1. That the offender deliberately caused
damage to the property of another.
2. That such act does not constitute arson or
other crimes involving destruction.
3. That the act damaging anothers property
be committed merely for the sake of
damaging it.
Malicious mischief willful damaging of
anothers property for the sake of causing
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damage due to hate, revenge or other evil
motive
No negligence
Example. Killing the cow as revenge
If no malice only civil liability
Damage is also diminution in value
But after damaging the thing, he used it =
theft
Damage is not incident of a crime
(breaking windows in robbery)
Art. 328. Special cases of malicious mischief.
Any person who shall cause damage to obstruct the
performance of public functions, or using any
poisonous or corrosive substance; or spreading any
infection or contagion among cattle; or who cause
damage to the property of the National Museum or
National Library, or to any archive or registry,
waterworks, road, promenade, or any other thing
used in common by the public, shall be punished:
1. By prision correccional in its minimum and medium
periods, if the value of the damage caused exceeds
1,000 pesos;
2. By arresto mayor, if such value does not exceed
the abovementioned amount but it is over 200 pesos;
and
3. By arresto menor, in such value does not exceed
200 pesos.
SPECIAL CASES of malicious mischief:
1. Obstruct performance of public functions.
2. Using poisonous or corrosive substances.
3. Spreading infection or contagious among
cattle.
4. Damage to property of national museum
or library, archive, registry, waterworks,
road, promenade, or any other thing ised
in common by the public.
NOTE: Qualified malicious mischief no
uprising or sedition (#1)
Art. 329. Other mischiefs. The mischiefs not
included in the next preceding article shall be
punished:
1. By arresto mayor in its medium and maximum
periods, if the value of the damage caused exceeds
1,000 pesos;
2. By arresto mayor in its minimum and medium
periods, if such value is over 200 pesos but does not
exceed 1,000 pesos; and
3. By arresto menor or fine of not less than the value
of the damage caused and not more than 200 pesos,
if the amount involved does not exceed 200 pesos or
cannot be estimated.
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ELEMENTS:
1. Not included in 328
a. scattering human excrement
b. killing of cow as an act of revenge
Art. 330. Damage and obstruction to means of
communication. The penalty of prision
correccional in its medium and maximum periods
shall be imposed upon any person who shall damage
any railway, telegraph or telephone lines.
If the damage shall result in any derailment of cars,
collision or other accident, the penalty of prision
mayor shall be imposed, without prejudice to the
criminal liability of the offender for the other
consequences of his criminal act.
For the purpose of the provisions of the article, the
electric wires, traction cables, signal system and other
things pertaining to railways, shall be deemed to
constitute an integral part of a railway system.
ELEMENTS:
Done by damaging railways, telegraph,
telephone lines, electric wires, traction
cables, signal system of railways
Removing rails from tracks is destruction
(art 324)
Not applicable when telegraph/phone
lines dont pertain to railways (example:
for transmission of electric power/light)
People killed as a result:
Circumstance qualifying the offense if the
damage shall result in any derailment of
cars, collision or other accident a higher
penalty shall be imposed
Murder if derailment is means of intent
to kill
None art 48
Art. 331. Destroying or damaging statues, public
monuments or paintings. Any person who shall
destroy or damage statues or any other useful or
ornamental public monument shall suffer the penalty
of arresto mayor in its medium period to prision
correccional in its minimum period.
Any person who shall destroy or damage any useful
or ornamental painting of a public nature shall suffer
the penalty of arresto menor or a fine not exceeding
200 pesos, or both such fine and imprisonment, in the
discretion of the court.
CHAPTER 10: EXEMPTION FROM CRIMINAL
LIABILITY IN CRIMES AGAINST PROPERTY
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Art. 332. Persons exempt from criminal liability
No criminal, but only civil liability, shall result from the
commission of the crime of theft, swindling or
malicious mischief committed or caused mutually by
the following persons:
1. Spouses, ascendants and descendants, or
relatives by affinity in the same line.ch
2. The widowed spouse with respect to the property
which belonged to the deceased spouse before
the same shall have passed into the possession
of another; and
3. Brothers and sisters and brothers-in-law and
sisters-in-law, if living together.
The exemption established by this article shall not be
applicable to strangers participating in the
commission of the crime.
Persons exempt from criminal liability:
1. Spouse, ascendants and descendants or
relatives by affinity in the same line
2. The widowed spouse with respect to the
property w/c belonged to the deceased
spouse before the same passed into the
possession of another
3. Brothers and sisters and brothers-in-law
and sisters-in-law, if living together
Offenses involved in the exemption:
1. Theft
2. Swindling
3. Malicious mischief
Exemption is based on family relations
Parties to the crime not related to the
offended party still remains criminally
liable
Persons exempt include:
stepfather/mother (ascendants by affinity)
a. adopted children (descendants)
b. concubine/paramour (spouse)
c. common law spouse (propert is part of
their earnings)
TITLE ELEVEN
CRIMES AGAINST CHASTITY
CHAPTER 1: ADULTERY AND CONCUBINAGE
Art. 333. Who are guilty of adultery Adultery is
committed by any married woman who shall have
sexual intercourse with a man not her husband and
by the man who has carnal knowledge of her knowing
her to be married, even if the marriage be
subsequently declared void.
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Adultery shall be punished by prision correccional in
its medium and maximum periods.
If the person guilty of adultery committed this offense
while being abandoned without justification by the
offended spouse, the penalty next lower in degree
than that provided in the next preceding paragraph
shall be imposed.
ELEMENTS:
1. That the woman is married (even if
marriage subsequently declared void)
2. That she has sexual intercourse with a
man not her husband.
3. That as regards the man with whom she
has sexual intercourses, he must know
her to be married.
mitigated if wife was abandoned without
justification by the offended spouse (man
is not entitled to this mitigating
circumstance)
attempted: caught disrobing a lover
Art. 334. Concubinage Any husband who shall
keep a mistress in the conjugal dwelling, or shall have
sexual intercourse, under scandalous circumstances,
with a woman who is not his wife, or shall cohabit with
her in any other place, shall be punished by prision
correccional in its minimum and medium periods.
The concubine shall suffer the penalty of destierro.
ELEMENTS:
1. That the man must be married.
2. That he committed any of the following
acts:
3. Keeping a mistress in the conjugal
dwelling.
4. Having sexual intercourse under
scandalous circumstances with a woman
who is not his wife.
5. Cohabiting with her in any other place.
6. That as regards the woman she must
know him to be married.
NOTE: Scandal consists in any
reprehensible word/deed that offends public
conscience, redounds to the detriment of the
feelings of honest persons and gives
occasions to the neighbors spiritual damage
and ruin
CHAPTER 2: RAPE AND ACTS OF
LASCIVIOUSNESS
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Art. 335. When and how rape is committed
Rape is committed by having carnal knowledge of a
woman under any of the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or
otherwise unconscious; and
3. When the woman is under twelve years of age,
even though neither of the circumstances mentioned
in the two next preceding paragraphs shall be
present.
The crime of rape shall be punished by reclusion
perpetua.
Whenever the crime of rape is committed with the use
of a deadly weapon or by two or more persons, the
penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the
victim has become insane, the penalty shall be death.
When rape is attempted or frustrated and a homicide
is committed by reason or on the occasion thereof,
the penalty shall be likewise death.
When by reason or on the occasion of the rape, a
homicide is committed, the penalty shall be death. (As
amended by R.A. 2632, approved June 18, 1960, and
R.A. 4111, approved June 20, 1964).
Art. 336. Acts of lasciviousness Any person who
shall commit any act of lasciviousness upon other
persons of either sex, under any of the circumstances
mentioned in the preceding article, shall be punished
by prision correccional.
ELEMENTS of acts of lasciviousness:
1. That the offender commits any act of
lasciviousness or lewdness.
2. That it is done under any of the following
circumstances:
a. by using force or intimidation, or
b. when the offended party is deprived of
reason or otherwise unconscious, or
c. when the offended party is under 12
years of age.
3. That the offended party is another person
of either sex.
CHAPTER 3: SEDUCTION, CORRUPTION OF
MINORS AND WHITE SLAVE TRADE
Art. 337. Qualified seduction The seduction of a
virgin over twelve years and under eighteen years of
age, committed by any person in public authority,
priest, home-servant, domestic, guardian, teacher, or
any person who, in any capacity, shall be entrusted
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with the education or custody of the woman seduced,
shall be punished by prision correccional in its
minimum and medium periods.
The penalty next higher in degree shall be imposed
upon any person who shall seduce his sister or
descendant, whether or not she be a virgin or over
eighteen years of age.
Under the provisions of this Chapter, seduction is
committed when the offender has carnal knowledge of
any of the persons and under the circumstances
described herein.
TWO CLASSES:
1. Seduction of a virgin over 12 and under
18 years of age by certain persons, such
as a person in authority, priest, teachers
etc and
2. Seduction of a sister by her brother or
descendant by her ascendant, regardless
of her age or reputation (incestuous
seduction)
ELEMENTS:
1. That the offended party is a virgin, which
is (presumed if she unmarried and of
good reputation.)
2. That she must be over 12 and under 18
years of age.
3. That the offender has sexual intercourse
with her.
4. That there is abuse of authority,
confidence or relationship on the part of
the offender ( person entrusted with
education or custody of victim; person in
public authority, priest; servant)
PERSONS LIABLE:
1. Those who abuse their authority:
a. persons in public authority
b. guardian
c. teacher
d. person who, in any capacity, is
entrusted with the education or
custody of the woman seduced
2. Those who abused the confidence
reposed in them:
a. priest
b. house servant
c. domestic
3. Those who abused their relationship:
a. brother who seduced his sister
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b. ascendant who seduced his
descendant
Art. 338. Simple seduction The seduction of a
woman who is single or a widow of good reputation,
over twelve but under eighteen years of age,
committed by means of deceit, shall be punished by
arresto mayor.
ELEMENTS:
1. That the offended party is over 12 and
under 18 years of age.
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.
NOTE: common form is unconditional
promise to marry
Art. 339. Acts of lasciviousness with the consent
of the offended party The penalty of arresto
mayor shall be imposed to punish any other acts of
lasciviousness committed by the same persons and
the same circumstances as those provided in Articles
337 and 338.
ELEMENTS:
1. That the offender commits acts of
lasciviousness or lewdness.
2. That the acts are committed upon a
woman who is virgin or single or 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 Any person who
shall promote or facilitate the prostitution or corruption
of persons underage to satisfy the lust of another,
shall be punished by prision mayor, and if the culprit
is a pubic officer or employee, including those in
government-owned or controlled corporations, he
shall also suffer the penalty of temporary absolute
disqualification. (As amended by BP Blg. 92).
Act punishable: By promoting or
facilitating the prostitution or corruption of
persons underage to satisfy the lust of
another
Art. 341. White slave trade The penalty of prision
mayor in its medium and maximum period shall be
99
imposed upon any person who, in any manner, or
under any pretext, shall engage in the business or
shall profit by prostitution or shall enlist the services of
any other for the purpose of prostitution (As amended
by BP Blg. 186.)
ACTS PENALIZED:
1. Engaging in the business of
prostitution
2. Profiting by prostitution
3. Enlisting the servicxe of women for
the purpose of prostitution
CHAPTER 4: ABDUCTION
Art. 342. Forcible abduction The abduction of
any woman against her will and with lewd designs
shall be punished by reclusion temporal.
The same penalty shall be imposed in every case, if
the female abducted be under twelve years of age.
ELEMENTS:
1. That the person abducted is any woman,
regardless of her age, civil status, or
reputation.
2. That the abduction is against her will.
3. That the abduction is with lewd designs.
NOTE: Sexual intercourse is NOT necessary
Crimes against chastity where age and
reputation of victim are immaterial: rape,
acts of lasciviousness, qualified seduction
of sister/descendant, forcible abduction.
Art. 343. Consented abduction The abduction of
a virgin over twelve years and under eighteen years
of age, carried out with her consent and with lewd
designs, shall be punished by the penalty of prision
correccional in its minimum and medium periods.
ELEMENTS:
1. That the offended party must be a virgin.
2. That she must be over 12 and under 18
years of age.
3. That the taking away of the offended
party must be with her consent, after
solicitation or cajolery from the offender.
4. That the taking away of the offended
party must be with lewd designs.
CHAPTER 5: PROVISIONS RELATIVE TO THE
PRECEDING CHAPTERS OF TITLE ELEVEN
Art. 344. Prosecution of the crimes of adultery,
concubinage, seduction, abduction, rape and acts
of lasciviousness The crimes of adultery and
concubinage shall not be prosecuted except upon a
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complaint filed by the offended spouse.
The offended party cannot institute criminal
prosecution without including both the guilty parties, if
they are both alive, nor, in any case, if he shall have
consented or pardoned the offenders.
The offenses of seduction, abduction, rape or acts of
lasciviousness, shall not be prosecuted except upon a
complaint filed by the offended party or her parents,
grandparents, or guardian, nor, in any case, if the
offender has been expressly pardoned by the above
named persons, as the case may be.
In cases of seduction, abduction, acts of
lasciviousness and rape, the marriage of the offender
with the offended party shall extinguish the criminal
action or remit the penalty already imposed upon him.
The provisions of this paragraph shall also be
applicable to the co-principals, accomplices and
accessories after the fact of the above-mentioned
crimes.
1. Adultery and concubinage must be
prosecuted upon complaint signed by the
offended spouse
2. Seduction, abduction, rape or acts of
lasciviousness must be prosecuted upon
complaint signed by:
a. offended party
b. by her parents
c. grandparents
d. guardians in the order in which they
are named above
NOTE: Marriage of the offender with the
offended party extinguishes the criminal
action or remit the penalty already imposed
upon him. This applies as well to the
accomplices, accessories-after-the-fact. But
marriages must be in good faith. This rule
does not apply in case of multiple rape.
Art. 345. Civil liability of persons guilty of crimes
against chastity Person guilty of rape, seduction
or abduction, shall also be sentenced:
1. To indemnify the offended woman.
2. To acknowledge the offspring, unless the law
should prevent him from so doing.
3. In every case to support the offspring.
The adulterer and the concubine in the case provided
for in Articles 333 and 334 may also be sentenced, in
the same proceeding or in a separate civil
proceeding, to indemnify for damages caused to the
offended spouse.
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CIVIL LIABILITY of persons guilty of rape,
seduction or abduction:
1. To idemnify the offended women
2. To acknowledge the offspring, unless the
law should prevent him from doing so
3. In every case to support the offspring
Art. 346. Liability of ascendants, guardians,
teachers, or other persons entrusted with the
custody of the offended party The ascendants,
guardians, curators, teachers and any person who, by
abuse of authority or confidential relationships, shall
cooperate as accomplices in the perpetration of the
crimes embraced in chapters, second, third and
fourth, of this title, shall be punished as principals.
Teachers or other persons in any other capacity
entrusted with the education and guidance of youth,
shall also suffer the penalty of temporary special
disqualification in its maximum period to perpetual
special disqualification.
Any person falling within the terms of this article, and
any other person guilty of corruption of minors for the
benefit of another, shall be punished by special
disqualification from filling the office of guardian.
TITLE TWELVE
CRIMES AGAINST THE CIVIL STATUS OF
PERSONS
CHAPTER 1: SIMULATION OF BIRTHS AND
USURPATION OF CIVIL STATUS
Art. 347. Simulation of births, substitution of one
child for another and concealment or
abandonment of a legitimate child The
simulation of births and the substitution of one child
for another shall be punished by prision mayor and a
fine of not exceeding 1,000 pesos.
The same penalties shall be imposed upon any
person who shall conceal or abandon any legitimate
child with intent to cause such child to lose its civil
status.
Any physician or surgeon or public officer who, in
violation of the duties of his profession or office, shall
cooperate in the execution of any of the crimes
mentioned in the two next preceding paragraphs,
shall suffer the penalties therein prescribed and also
the penalty of temporary special disqualification.
ACTS PUNISHED:
1. Simulation of births
2. Substitution of one child for another
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3. Concealing or abandoning any legitimate
child with the intent to cause such child to
lose its civil status
REQUISITES:
1. The child must be legitimate
2. The offender conceals or abandons such
child
3. The offender has the intent to cause the
child to lose its civil status
ELEMENTS:
1. Child is baptized or registered in the
Registry of birth as hers
2. Child loses its real status and acquiires a
new one
3. Actors purpose was to cause the loss of
any trace as to the childs true filiation
Art. 348. Usurpation of civil status The penalty
of prision mayor shall be imposed upon any person
who shall usurp the civil status of another, should he
do so for the purpose of defrauding the offended part
or his heirs; otherwise, the penalty of prision
correccional in its medium and maximum periods
shall be imposed.
Committed by a person who represents
himself as another and assumes the
filiation or rights pertaining to such person
There must be criminal intent to enjoy the
civil rights of another by the offender
knowing he is not entitled thereto
Committed by asuming the filiation, or the
parental or conjugal rights of another
Circumstances qualifying the offense:
penalty is heavier when the purpose of
the impersonation is to defraud the
offended party or hios heirs.
CHAPTER 2: ILLEGAL MARRIAGES
Art. 349. Bigamy The penalty of prision mayor
shall be imposed upon any person who shall contract
a second or subsequent marriage before the former
marriage has been legally dissolved, or before the
absent spouse has been declared presumptively dead
by means of a judgment rendered in the proper
proceedings.
ELEMENTS:
1. That the offender has been legally
married.
2. That the marriage has not been legally
dissolved or, in case his or her spouse is
absent, the absent spouse could not yet
101
be presumed dead according to the civil
code.
3. That he contracts a second or
subsequent marriage.
4. That the second or subsequent marriage
has all the essential requisites for validity.
The crime does not fall within the
category of private crimes that can be
prosecuted only at the instance of the
offended party
A simulated marriage is not marriage at
all and can be used as a defense for
bigamy
There must be a summary proceeding to
declare the absent spouse presumptively
dead for purposes of remarriage
Failure to exercise due diligence to
ascertain the whereabouts of the 1st wife
is bigamy through reckless imprudence
A judicial declaration of the nullity of a
marriage void ab initio is now required
One convicted for bigamy may be
prosecuted for concubinage as both are
distinct offenses
One who vouches that there is no legal
impediment knowing that one of the
parties is already married is an
accomplice.
Art. 350. Marriage contracted against provisions
of laws The penalty of prision correccional in its
medium and maximum periods shall be imposed upon
any person who, without being included in the
provisions of the next proceeding article, shall have
not been complied with or that the marriage is in
disregard of a legal impediment.
If either of the contracting parties shall obtain the
consent of the other by means of violence,
intimidation or fraud, he shall be punished by the
maximum period of the penalty provided in the next
preceding paragraph.
ELEMENTS:
1. That the offender contracted marriage.
2. That he knew at the time that
3. the requirement of the law were not
complied with, or
4. The marriage was in disregard of a legal
impediment.
NOTE: Circumstance qualifying the offense: if
either of the contracting parties obtains the
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consent of the other by means of violence,
intimidation or fraud.
Art. 351. Premature marriages Any widow
who shall marry within three hundred and one
day from the date of the death of her husband,
or before having delivered if she shall have been
pregnant at the time of his death, shall be
punished by arresto mayor and a fine not
exceeding 500 pesos.
The same penalties shall be imposed upon any
woman whose marriage shall have been
annulled or dissolved, if she shall marry before
her delivery or before the expiration of the period
of three hundred and one day after the legal
separation.
ACTS PUNISHED:
1. A widow who within 301 days from death
of husband, got married or before her
delivery, if she was pregnant at the time
of his death
2. A woman whose marriage having been
dissolved or annulled, married before her
delivery or within 301 days after the legal
separation.
Art. 352. Performance of illegal marriage
ceremony Priests or ministers of any religious
denomination or sect, or civil authorities who shall
perform or authorize any illegal marriage ceremony
shall be punished in accordance with the provisions of
the Marriage Law.
Act punished: performance of any illegal
marriage ceremony by a priest or minister
of any religious denomination or sect or
by civil authorities
TITLE THIRTEEN
CRIMES AGAINST HONOR
CHAPTER 1: LIBEL
Section 1 - Definitions, forms, and
punishment of this crime
Art. 353. Definition of libel A libel is public and
malicious imputation of a crime, or of a vice or defect,
real or imaginary, or any act, omission, condition,
status, or circumstance tending to cause the dishonor,
discredit, or contempt of a natural or juridical person,
or to blacken the memory of one who is dead.
ELEMENTS:
102
1. That there must be an imputation of a
crime, or of a vice or defect, real or
imaginary, or any act, omission, condition,
status, or circumstances.
2. That the imputation must be made
publicly.
3. That it must be malicious.
4. That the imputation must be directed at a
natural or juridical person, or one who is
dead.
5. That the imputation must tend to cause
the dishonor, discredit or contempt of the
person defamed.
Libel is a public and malicious imputation
of a crime, or a vice or defect, real or
imaginary or any act, commission,
condition, status or circumstances tending
to cause the dishonor, discredit or
contempt of a natural or juridical person,
or to blacken the memory of one who is
dead
Kinds of malice: (a) malice in law; (b)
malice in fact
Malice is presumed to exist in injurious
publications
Publication is the communication of the
defamatory matter to some third person/s
Person libeled must be identified. But the
publication need not refer by name to the
libeled party. If not named it must be
shown that the description of the person
referred to in the defamatory publication
was sufficiently clear so that at least a 3 rd
person would have identified the plaintiff.
There are as many crimes as there are
persons defamed.
To presume publication there must be a
reasonable probability that the alleged a
libelous matter was thereby exposed to
be read or seen by 3rd persons.
Criterion to determine whether statements
are defamatory
1. words are calculated to induce the
hearers to suppose and understand that
the person against who they are uttered
were guilty of certain offenses, or are
sufficient to impeach their honesty, virtue
or reputation, or to hole the person up to
public ridicule(US v OConnel)
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2. 2 )construed not only as to the expression
used but also with respect to the whole
scope and apparent object of the writer.(P
v Encarnacion)
Libel Perjury
-false accusation need not be -false accusation is
made under oath made under oath
Art. 354. Requirement for publicity Every
defamatory imputation is presumed to be malicious,
even if it be true, if no good intention and justifiable
motive for making it is shown, except in the following
cases:
1. A private communication made by any person to
another in the performance of any legal, moral or
social duty; and
2. A fair and true report, made in good faith, without
any comments or remarks, of any judicial, legislative
or other official proceedings which are not of
confidential nature, or of any statement, report or
speech delivered in said proceedings, or of any other
act performed by public officers in the exercise of their
functions.
KINDS of privileged communication:
1. Absolutely privileged not actionable
even if the actor has acted in bad faith
2. Qualifiedly privileged those which
although containing defamatory
imputations could not be actionable
unless made with malice or bad faith
GENERAL RULE:
Every defamatory imputation is presumed
malicious even if it be true, if no good
intention and justifiable motive for making
it is shown
EXCEPTION:
Private communication in performance of
legal, moral or social duty
ELEMENTS:
1. That the person who made the
communication had a legal, moral or
social duty to make the communication or
at least he had an interest to be upheld
2. That the communication is addressed to
an officer or a board, or superior, having
some interest or duty on the matter
103
3. That the statements in the communication
are made in good faith without malice in
fact
4. Fair and true report, made in good faith,
without any comments and remarks
REQUISITES:
1. that the publication of a report of an
official proceeding is a fair and true report
of a judicial, legislative, or other official
proceedings which are not of confidential
nature, or of a statement, report, or
speech delivered in said proceedings, or
of any other act performed by a public
officer
2. that it is made in good faith
3. that it is made without any comments or
remarks
Art. 355. Libel means by writings or similar means
A libel committed by means of writing, printing,
lithography, engraving, radio, phonograph, painting,
theatrical exhibition, cinematographic exhibition, or
any similar means, shall be punished by prision
correccional in its minimum and medium periods or a
fine ranging from 200 to 6,000 pesos, or both, in
addition to the civil action which may be brought by
the offended party.
NOTE: Enumerates the means by which libel
may be committed: writing, printing,
lithography, engraving, radio phonograph,
painting, theatrical or cinematographic
exhibitions or any similar means
Art. 356. Threatening to publish and offer to
present such publication for a compensation
The penalty of arresto mayor or a fine from 200 to
2,000 pesos, or both, shall be imposed upon any
person who threatens another to publish a libel
concerning him or the parents, spouse, child, or other
members of the family of the latter or upon anyone
who shall offer to prevent the publication of such libel
for a compensation or money consideration.
NOTE: Clearly, just a case of blackmail-any
unlawful extortion of money by threats of
accusation and exposure
-possible in light threats Art 283 and in threat
to publish Art 356.
Art. 357. Prohibited publication of acts referred to
in the course of official proceedings The penalty
of arresto mayor or a fine of from 20 to 2,000 pesos,
or both, shall be imposed upon any reporter, editor or
manager or a newspaper, daily or magazine, who
shall publish facts connected with the private life of
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another and offensive to the honor, virtue and
reputation of said person, even though said
publication be made in connection with or under the
pretext that it is necessary in the narration of any
judicial or administrative proceedings wherein such
facts have been mentioned.
ELEMENTS:
1. That the offender is a reporter, editor or
manager of a newspaper, daily or
magazine.
2. That he publishes facts connected with
the private life of another.
3. That such facts are offensive to the
honor, virtue and reputation of said
person.
Even though made in connection with or
under the pretext that it is necessary in
the narration of any judicial or
administrative proceedings wherein such
facts have been mentioned.
Art. 358. Slander Oral defamation shall be
punished by arresto mayor in its maximum period to
prision correccional in its minimum period if it is of a
serious and insulting nature; otherwise the penalty
shall be arresto menor or a fine not exceeding 200
pesos.
ELEMENTS:
1. action of a serious and insulting nature
(Grave slander)
2. light insult or defamation not serious in
nature (simple slander)
3. Factors that determine gravity of the
offense:
a. expressions used
b. personal relations of the accused and
the offended party
c. circumstances surrounding the case
Words uttered in the heat of anger
constitute light oral defamation (P v
Doronilla)
If the utterances were made publicly and
were heard by many people and the
accused at the same time levelled his
finger at the complainant, oral defamation
is committed (P v Salleque)
Art. 359. Slander by deed The penalty of arresto
mayor in its maximum period to prision correccional in
its minimum period or a fine ranging from 200 to
1,000 pesos shall be imposed upon any person who
shall perform any act not included and punished in
this title, which shall cast dishonor, discredit or
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contempt upon another person. If said act is not of a
serious nature, the penalty shall be arresto menor or
a fine not exceeding 200 pesos.
ELEMENTS:
1. That the offender performs any act not
included in any other crime against honor.
2. That such act is performed in the
presence of other person or persons.
3. That such act casts dishonor, discredit or
contempt upon the offended party.
Seriousness depends on the social
standing of offended party, the
circumstances surrounding the act, the
occasion, etc.
The acts of slapping and boxing the
woman, a teacher, in the presence of
many people has put her to dishonor,
contempt and ridicule. (P v Costa)
DISTINCTIONS:
1. Unjust Vexation-irritation or
annoyance/anything that annoys or
irritates without justification.
2. Slander by Deed-irritation or annoyance +
attendant publicity and dishonor or
contempt.
3. Acts of lasciviousness-irritation or
annoyance + any of 3 circumstance
provided in Art335 of RPC on rape
a. use of force or intimidation
b. deprivation of reason or rendering the
offended unconscious
c. offended party under 12 yrs of
age+lewd designs
Section 2 - General provisions
Art. 360. Persons responsible Any person who
shall publish, exhibit, or cause the publication or
exhibition of any defamation in writing or by similar
means, shall be responsible for the same.
The author or editor of a book or pamphlet, or the
editor or business manager of a daily newspaper,
magazine or serial publication, shall be responsible
for the defamations contained therein to the same
extent as if he were the author thereof.
The criminal and civil action for damages in cases of
written defamations as provided for in this chapter,
shall be filed simultaneously or separately with the
court of first instance of the province or city where the
libelous article is printed and first published or where
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any of the offended parties actually resides at the time
of the commission of the offense: Provided, however,
That where one of the offended parties is a public
officer whose office is in the City of Manila at the time
of the commission of the offense, the action shall be
filed in the Court of First Instance of the City of
Manila, or of the city or province where the libelous
article is printed and first published, and in case such
public officer does not hold office in the City of Manila,
the action shall be filed in the Court of First Instance
of the province or city where he held office at the time
of the commission of the offense or where the libelous
article is printed and first published and in case one of
the offended parties is a private individual, the action
shall be filed in the Court of First Instance of the
province or city where he actually resides at the time
of the commission of the offense or where the libelous
matter is printed and first published: Provided, further,
That the civil action shall be filed in the same court
where the criminal action is filed and vice versa:
Provided, furthermore, That the court where the
criminal action or civil action for damages is first filed,
shall acquire jurisdiction to the exclusion of other
courts: And, provided, finally, That this amendment
shall not apply to cases of written defamations, the
civil and/or criminal actions which have been filed in
court at the time of the effectivity of this law.
Preliminary investigation of criminal action for written
defamations as provided for in the chapter shall be
conducted by the provincial or city fiscal of the
province or city, or by the municipal court of the city or
capital of the province where such action may be
instituted in accordance with the provisions of this
article.
No criminal action for defamation which consists in
the imputation of a crime which cannot be prosecuted
de oficio shall be brought except at the instance of
and upon complaint expressly filed by the offended
party. (As amended by R.A. 1289, approved June 15,
1955, R.A. 4363, approved June 19, 1965).
1. Who are liable
a. person who publishes, exhibits or
causes the publication or exhibition of
any defamation in writing or similar
means(par.1)
b. author or editor of a book or pamphlet
c. editor or business manager of a daily
newspaper magazine or serial
publication(par.2)
d. owner of the printing plant which
publishes a libelous article with his
consent and all other persons who in
any way participate in or have
connection with its publication (US v
Ortiz)
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2. Venue of criminal and civil action for
damages in cases of written
defamation:
a. where the libelous article is printed
and 1st published OR
b. where any of the offended parties
actually resides at the time of the
commission of the offense
3. Where one of the offended parties is a
public officer:
a. if his office is in the City of Manila
RTC of Manila OR
city/province where the article is
printed and 1st published
b. Otherwise
- RTC of the city/province where he
held office at the time of offense OR
- where the article is 1st published
4. Where one of the offended parties is a
private individual:
1. RTC of province/city where he
actually resides at the time of the
crime
2. where article was printed or 1st
published
NOTE: Offended party must file complaint for
defamation imputing a crime which cannot be
prosecuted de oficio (e.g. adultery,
concubinage, rape, seduction, abduction, and
acts of lasciviousness)
Art. 361. Proof of the truth In every criminal
prosecution for libel, the truth may be given in
evidence to the court and if it appears that the matter
charged as libelous is true, and, moreover, that it was
published with good motives and for justifiable ends,
the defendants shall be acquitted.
Proof of the truth of an imputation of an act or
omission not constituting a crime shall not be
admitted, unless the imputation shall have been made
against Government employees with respect to facts
related to the discharge of their official duties.
In such cases if the defendant proves the truth of the
imputation made by him, he shall be acquitted.
ADMISSIBLE WHEN:
1. the act or omission imputed constitutes a
crime regardless of whether the offended
party is a private individual or a public
officer
2. the offended party is a government
employee, even if the act or omission
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imputed does not constitute a crime
provided it is related to the discharge of
his official duties
REQUISITES FOR ACQUITTAL:
1. it appears that the matter charged as
libelous is TRUE (for situations 1 and 2
above)
2. it was published with good motives and
for a justifiable end (for situation 1 only)
NOTES: The proof of the truth of the
accusation cannot be made to rest upon
mere hearsay, rumors, or suspicion. It must
rest upon positive direct evidence, upon
which a definite finding may be made by the
court (US v Sotto)
Art. 362. Libelous remarks Libelous remarks or
comments connected with the matter privileged under
the provisions of Article 354, if made with malice, shall
not exempt the author thereof nor the editor or
managing editor of a newspaper from criminal liability.
Libelous remarks or comments on
privileged matters (under Art. 354) if
made with malice in fact will not exempt
the author and editor.
*This article is a limitation to the defense of
privileged communication.
CHAPTER 2: INCRIMINATORY MACHINATIONS
Art. 363. Incriminating innocent person Any
person who, by any act not constituting perjury, shall
directly incriminate or impute to an innocent person
the commission of a crime, shall be punished by
arresto menor.
ELEMENTS:
1. That the offender performs an act.
2. That by such act he directly incriminates
or imputes to an innocent person the
commission of a crime.
3. That such act does not constitute perjury.
4.
TWO KINDS:
1. making a statement which is
a. defamatory or
b. ii. perjurious (if made under oath and
is false)
2. planting evidence
NOTE: article is limited to planting evidence
and the like
Art. 364. Intriguing against honor The penalty of
arresto menor or fine not exceeding 200 pesos shall
106
be imposed for any intrigue which has for its principal
purpose to blemish the honor or reputation of a
person.
HOW COMMITTED: by any person who shall
make any intrigue which has for its principal
purpose to blemish the honor or reputation of
another person
Intriguing against honor refers to any
scheme or plot designed to blemish the
reputation of another or of such trickery or
secret plot.
Committed by saying to others an
unattributable thing, if said to the person
himself it is slander.
The Anti-WireTapping Act (R.A. 4200)
ACTS PUNISHED:
1. any person, not authorized by all the
parties to any private communication or
spoken word
a. taps any wire of cable OR
b. uses any other device or
arrangement, to secretly overhear,
intercept, or record such
communication or spoken word by
using a device commonly known as a
dictaphone or dictagraph or walkie
talkie or tape recorder
2. any person, whether or not a participant
in the above-mentioned acts:
a. knowingly possesses any tape record,
wire record, disc record, or any other
such record or copies thereof of any
communication or spoken word
b. replays the same for any other person
c. communicates the contents thereof,
whether complete or partial, to any
other person
Peace officer is exempt if acts done under
lawful order of the court. You can only
use the recording for the case for which it
was validly requested.
Information obtained in violation of the Act
is inadmissible in evidence in any hearing
or investigation.
TITLE FOURTEEN
QUASI-OFFENSES
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SOLE CHAPTER: CRIMINAL NEGLIGENCE
Art. 365. Imprudence and negligence Any
person who, by reckless imprudence, shall commit
any act which, had it been intentional, would
constitute a grave felony, shall suffer the penalty of
arresto mayor in its maximum period to prision
correccional in its medium period; if it would have
constituted a less grave felony, the penalty of arresto
mayor in its minimum and medium periods shall be
imposed; if it would have constituted a light felony, the
penalty of arresto menor in its maximum period shall
be imposed.
Any person who, by simple imprudence or
negligence, shall commit an act which would
otherwise constitute a grave felony, shall suffer the
penalty of arresto mayor in its medium and maximum
periods; if it would have constituted a less serious
felony, the penalty of arresto mayor in its minimum
period shall be imposed.
When the execution of the act covered by this article
shall have only resulted in damage to the property of
another, the offender shall be punished by a fine
ranging from an amount equal to the value of said
damages to three times such value, but which shall in
no case be less than twenty-five pesos.
A fine not exceeding two hundred pesos and censure
shall be imposed upon any person who, by simple
imprudence or negligence, shall cause some wrong
which, if done maliciously, would have constituted a
light felony.
In the imposition of these penalties, the court shall
exercise their sound discretion, without regard to the
rules prescribed in Article sixty-four.
The provisions contained in this article shall not be
applicable:
1. When the penalty provided for the offense is equal
to or lower than those provided in the first two
paragraphs of this article, in which case the court
shall impose the penalty next lower in degree than
that which should be imposed in the period which they
may deem proper to apply.
2. When, by imprudence or negligence and with
violation of the Automobile Law, to death of a person
shall be caused, in which case the defendant shall be
punished by prision correccional in its medium and
maximum periods.
Reckless imprudence consists in voluntary, but
without malice, doing or falling to do an act from
which material damage results by reason of
inexcusable lack of precaution on the part of the
person performing of failing to perform such act,
107
taking into consideration his employment or
occupation, degree of intelligence, physical condition
and other circumstances regarding persons, time and
place.
Simple imprudence consists in the lack of precaution
displayed in those cases in which the damage
impending to be caused is not immediate nor the
danger clearly manifest.
The penalty next higher in degree to those provided
for in this article shall be imposed upon the offender
who fails to lend on the spot to the injured parties
such help as may be in this hand to give. (As
amended by R.A. 1790, approved June 21, 1957).
ELEMENTS of reckless imprudence:
1. That the offender does or fails to do an
act.
2. That the doing of or the failure to do that
act is voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of
precaution on the part of the offender,
taking into consideration
a. his employment or occupation
b. degree of intelligence, physical
condition, and
c. other circumstances regarding
persons, time and place.
ELEMENTS of simple imprudence:
1. That there is lack of precaution on the
part of the offender.
2. That the damage impending to be caused
in not immediate or the danger is not
clearly manifest.
Art.64 on mitigating and aggravating
circumstances not applicable.
Failure to lend on the spot assistance to
victim of his negligence:penalty next
higher in degree.
Abandoning usually punishable under Art
275, if charged under Art365 is only
qualifying and if not alleged cannot even
be an aggravating circumstance.
Contributory negligencenot a defense,
only mitigating
Last clear chance doctrine -
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The contributory negligence of the injured

party will no t defeat the action if it be
shown that the accused might, by the
exercise of reasonable care and
prudence, have avoided the
consequences of the negligence of the
injured party

Emergency rule-
An automobile driver, who, by the
negligence of another, is suddenly placed
in an emergency and compelled to act
instantly to avoid a collision or injury is not
guilty of negligence if he makes a choice
which a person of ordinary prudence
placed in such a position might make
even though he did not make the wisest
choice.

108