Crim 2

1
Elements and Notes in Criminal Law Book II by RENE CALLANTA
TITLE ONE
CRIMES AGAINST NATIONAL SECURITY
Crimes against national security
࿿࿿Ò
  ࿿࿿࿿࿿࿿࿿࿿࿿࿿Ó胈噅࿿࿿࿿࿿࿿࿿࿿࿿࿿Ô199
 Treason (Art. 114);
࿿࿿Ò
  ࿿࿿࿿࿿࿿࿿࿿࿿࿿Ó胈噅࿿࿿࿿࿿࿿࿿࿿࿿࿿Ô200
 Conspiracy and proposal to commit treason (Art. 115);
࿿࿿Ò
  ࿿࿿࿿࿿࿿࿿࿿࿿࿿Ó胈噅࿿࿿࿿࿿࿿࿿࿿࿿࿿Ô201
 Misprision of treason (Art. 116); and
࿿࿿Ò
  ࿿࿿࿿࿿࿿࿿࿿࿿࿿Ó胈噅࿿࿿࿿࿿࿿࿿࿿࿿࿿Ô202
 Espiona e (Art. 11!).
Crimes against the law o nations
0 "ncitin to #ar or i$in moti$es for reprisals (Art. 11%);
1 &iolation of ne'trality (Art. 11 );
2 Correspondin #it ostile co'ntry (Art. 12*);
3 +li t to enemy,s co'ntry (Art. 121); and
4 -iracy in eneral and m'tiny on t e i seas (Art. 122).
T e crimes 'nder t is title can e prosec'ted e$en if t e criminal act or acts #ere committed o'tside t e -
ilippine territorial /'risdiction. 0o#e$er prosec'tion can proceed only if t e offender
isone#itof int -e instancesilippineterritory#ere ort e ro'e$isedtto -tenale-
Codeilippinesmayp'rs'antei$entoeantrae territorialtradition treatyapplication.Tis is 'nder Article
2 (5) t ereof. "n t e case of crimes against the law of nations t e offender can e prosec'ted # ene$er e
may e fo'nd eca'se t e crimes are re arded as committed a ainst 'manity in eneral.
Article !!"
TREASON
ELEMENTS#
0 That the offender owes allegiance to the Government of the Philippines
1 That there is a war in which the Philippines is involved
2 That the offender either –
0 Levies war against the government,

0 reec of alle iance
1 act'al assem lin of men
2 for t e p'rpose of e ec'tin a treasona le desi n
1 Adheres to the enemies, giving them aid and comfort

0 reec of alle iance
1 ad erence
2 i$in aid or comfort to t e enemy
Re$uirements o le%ying war

0 Act'al assem lin of men;
1 To e ec'te a treasona le desi n y force;
2 "ntent is to deli$er t e co'ntry in # ole or in part to t e enemy; and
3 Colla oration #it forei n enemy or some forei n so$erei n

2
Success is not important. What matters is the actual assembly of men and the
execution of treasonable design by force.
0 Ways of proving treason:
a. 2 witnesses testifying to same overt act
The testimonies must refer to the same act, place and moment of time. Treason
cannot be proved by circumstantial evidence or by extrajudicial confession.
Example sa# arms landed in 7a 8nion and loaded into a motor $e icle. At t is sta e
not s'fficient to con$ict yet. 9 later sa# t e arms 'nloaded in a #are o'se. :ill 9 e
s'fficient #itnesses to con$ict< Ans#er =>. ?eca'se t e la# re@'ires t at 2 #itnesses
see t e AME >&E T ACT.
0.0 Confession of the accused in open court&

Arrai nment pre trial trial B > .
0.0 "f e as pleaded =>T 'ilty already d'rin arrai nment e can still confess in open
co'rt y statin t e partic'lar acts constit'tin treason.
0.1 D'rin trial simply sayin "Fm 'iltyG is not eno' .
0.2 :it dra#in plea of not 'iltyG d'rin arrai nment not necessary
0.3 "f d'rin arrai nment e pleads 'ilty co'rt #ill asH if t e acc'sed 'nderstands is
plea. ' mission of affida$it d'rin trial e$en if assisted y co'nsel is not eno' .
1 Treason: reac of alle iance to t e o$ernment committed y a person # o o#es

alle iance to it. Alle iance o li ation of fidelity and o edience. "t is permanent or
temporary dependin on # et er t e person is a citiIen or an alien.
2 E$ident premeditation s'perior stren t and treac ery are circ'mstances inherent in
treason and are t erefore not a ra$atin .
3 Treason cannot e committed in times of peace only in times of war B act'al

ostilities. ?'t no need for declaration of #ar
4 Not Treasonous:
0 Acceptance of p' lic office and disc ar e of official d'ties 'nder t e enemy
does not constit'te per se t e felony of treason ( exception: # en it is policy
determinin )
0.0 er$in in a p'ppet o$ernment (ministerial f'nctions) and in order to ser$e t e

pop'lace is =>T treas ono's. But it is treason if a) t ere is discretion in$ol$ed; )
inflicts arm on +ilipinos; c) it is disad$anta eo's to t em.
0.1 -'rpose of offender to deli$er t e - ilippines to enemy co'ntry; if merely to c

an e officials B not treason
1 On Citizenship
0 +ilipino citiIens can comm it treason o'tside t e - ili ppines. ?'t t at of an alien
m'st e committed in t e - ilippines.
. >nly +ilipino citiIens or permanent resident aliens can e eld lia le
0 Alien: #it permanent resident stat's from t e ?"D B it is neit er t e len t of stay in t
e - ilippines nor t e marria e #it a +ilipino t at matters.
3
0 Act'al ostilities may determine t e date of t e commencement of #ar
1 =o s'c t in as attempted treason; mere attempt cons'mmates t e crime
2 iving aid or comfort B material element en ances forces of t e enemy co'ntry.
Acts # ic stren t en or tend to stren t en t e enemy in t e cond'ct of #ar a ainst t e

traitorFs co'ntry or t at # ic #eaHen and tend to #eaHen t e po#er of t e same.
Example +inancin arms proc'rement of enemy co'ntry. ?'t i$in of s elter is not necessarily i$in aid and comfort.G
0 Adherence and giving aid or comfort must concur together.
1 Adherence: # en a citiIen intellect'ally or emotionally fa$ors t e enemy and

ar ors con$ictions disloyal to is co'ntryFs policy. ?'t mem ers ip in t e police
force d'rin t e occ'pation is =>T treason.
Example Ji$in information to or commandeerin foodst'ffs for t e enemy.
0 Adherence may !e proved !y (1) one #itness; (2) from t e nat're of t e act itself;
(3) from t e circ'mstances s'rro'ndin t e act.
When this adherence or sympathies are converted into aid and comfort, only then they
take material forM. This material form is now what is made punishable. It is usually
manifested by the offender in giving information, commandeering foodstuffs, serving
as spy and supplying the enemy with war
materials.
0 Treason is a CONTIN IN! C"I#E $E$en after t e #ar offender can e prosec'ted.
Treason is a continuing offense. It can be committed by a single act or by a series of

acts. It can be committed in one single time or at different times and only one criminal
intent. In construing the provisions relating to the commission of several acts, the
same must be done in pursuance or furtherance of the act of treason.
o matter how many acts of treason are committed by the offender, he will be liable
for only one crime of treason.
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ鄀ĀĀ1024 "f yo' con$ict a

person for treason y reason of irresisti le force or 'ncontrolla le fear yo' may 'se
Art.12. No treason through negligence
In the imposition of the penalty for the crime of treason, the court may disregard the
presence of mitigating and aggravating circumstances. It may consider only the
number, nature and gravity of the acts established during the trial. The imposition of
the penalty rests largely on the exercise of judicial discretion.
Defenses that may be availed of by the accused.
29440ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀԀȀȀ⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
ᜀ "uress or uncontrollable fear of immediate death# and $.
%awful obedience to a de facto government.
0 : en Hillin s and ot er common crimes are c ar ed as o$ert act of treason t ey

cannot e re arded as (1) separate crimes or (2) as complex with treason$
4
In the act of levying war or giving aid or comfort to the enemy, murder, robbery,
arson or falsification may be committed by the offender. &'T the offender does not
commit the crime of treason complexed with common crimes because such crimes
are inherent to treason, being an indispensable element of the same.
Treason distinguished from Rebellion.
The manner in which both crimes are committed in the same . In treason
however, the purpose of the offender is to deliver the government to the
enemy country or to a foreign power. In rebellion, the purpose of the rebels is to
substitute the government with their own form of government. o
foreign power is involved.
Treason distinguished from Sedition.
In treason, the offender repudiates his allegiance to the government by means of force
or intimidation. (e does not recogni)e the supreme authority of the *tate. (e violates his
allegiance by fighting the forces of the duly constituted authorities.
In sedition, the offender disagrees with certain policies of the *tate and seeks to
disturb public peace by raising a commotion or public uprising.
Article !!'
CONS(IRACY TO COMMIT TREASON
0 ELEMENTS#
0 n time of war
1 2 or more persons come to an agreement to
0 lev! war against the government, or
1 adhere to the enemies and to give them aid or comfort,
2 The! decide to commit it
1 "#"$"NT% O& '(O'O%A# TO CO$$)T T("A%ON

0 n time of war
1 A person who has decided to lev! war against the government, or to adhere to the
enemies and to give them aid or comfort, proposes its e"ec#tion to some
other person$s.
2 Mere a reement and decisions to commit treason is p'nis a le
3 Mere proposal e$en #it o't acceptance is p'nis a le too. "f t e ot er accepts it is
already conspiracy.
While Treason as a crime should be established by the two+witness rule, the same is
not observed when the crime committed conspiracy to commit treason or when it is
only a proposal to commit treason.
5
Article !!)
MIS(RISION O* TREASON
0 ELEMENTS#
0 That the offender m#st be owing allegiance to the government, and not a foreigner
1 That he has %nowledge of an! conspirac! &to commit treason) against the
government
2 That he conceals or does not disclose and ma%e %nown the same as soon as possible
to the governor or fiscal of the province or the ma!or or fiscal of the cit! in
which he resides
%hile in treason& even aliens can commit said crime 'ecause of the amendment to the article& no such
amendment was made in misprision of treason$ #isprision of treason is a crime that may 'e committed
only 'y citi(ens of the )hilippines $
0 >ffender is p'nis ed as an accessory to t e crime of treason
Take note that the offender is a principal to the crime of misprision of treason, yet he is
penali)ed only as an accessory. In the imposition of the penalty, the court is not bound
by the provisions of rticle - and -/, referring to indivisible penalties. In the presence of
mitigating and aggravating circumstances, the offender is punished two degrees lower
than the penalty for the crime of treason.
The criminal lia'ility arises if the treasonous activity was still at the conspiratorial stage
23 T is crime does not apply if t e crime of treason is already committed
24 Crime of omission
This is a felony 'y omission although committed with dolo& not with culpa$
5888 To report within a reasona'le timeG B depends on time place and

circ'mstance B t e -C did not fi time.
5889 -C states 4 indi$id'als # at if yo' report to some ot er i ranHin o$ernment official<

E . -=- Director< K'd e -imentel says any o$Ft official of t e D"7J is > .
%hether the conspirators are parents or children& and the ones who learn the conspira cy is a parent or
child& they are re*uired to report the same$ T e reason is t at alt o' lood is t icHer t an #ater so to
speaH # en it comes to sec'rity of t e state lood relations ip is al#ays s' ser$ient to national sec'rity $
Article +, does not apply here 'ecause the persons found lia'le for this crime are not considered
accessories- they are treated as principals$
Article !!+
Es,ionage -y entering. without authority there or. warshi,. ort. or na%al or
military esta-lishments or reser%ation to o-tain any in ormation. ,lans.
,hotogra,hs or other /ata o a con i/ential nature relati%e to the /e ense o
the (hili,,ines&
0 ELEMENTS#
0 1. That the offender enters an! of the places mentioned therein
2
' 2. That he has no a#thorit! therefore(
1 That his p#rpose is to obtain information, plans, photographs or othe r data of a

confidential nat#re relative to the defense of the Philippines
6
'nder the first mode of committing espionage, the offender must have the intention to
obtain information relative to the defense of the 0(I%. It is sufficient that he entered the
prohibited premises. (ere, the offender is any private individual, whether an alien or a
citi)en of the 0hilippines, or a public officer.
Es,ionage -y /isclosing to the re,resentati%e o a oreign nation the contents o

the articles. /ata. or in ormation re erre/ to in ,aragra,h ! o
Article !!+. which he ha/ in his ,ossession -y reason o the ,u-lic o ice hol/s
ELEMENTS#
0 That the offender is a p#blic officer
1 That he has in his possession the articles, data or information referred to in par 1
of art 11 , b! reason of the p#blic office he holds
2 That he discloses their contents to a representative of a foreign nation
1 'urpose: to at er data
'nder the second mode, the offender must be a public officer who has in possession
the articles, data or information by reason of the office he holds. Taking advantage of
his official position, he reveals or discloses the
information which are confidential and are relevant to the defense of the 0hilippines.
0 "spionage: t e offense of at erin transmittin or losin information respectin

t e national defense #it t e intent or reason to elie$e t at t e information is to e 'sed
to t e in/'ry of t e - ilippines or t e ad$anta e of any forei n nation. "t is not
conditioned on citiIens ip.
1 =ot necessary t at - ilippines is at #ar #it t e co'ntry to # ic t e information #as

re$ealed. : at is important is t at t e information related is connected #it t e defense
system of t e - ilippines.
2 %iretapping is NOT espionage if t e p'rpose is not somet in connected #it t e defense
Commonwealth Act No& )!) 0 An Act to (unish Es,ionage an/ Other O enses against National
Security
Acts punished
0 8nla#f'lly o tainin or permittin to e o tained information affectin national defense;
1 8nla#f'l disclosin of information affectin national defense;
2 Disloyal acts or #ords in times of peace;
3 Disloyal acts or #ords in times of #ar;
4 Conspiracy to $iolate precedin sections;
5 0ar orin or concealin $iolators of la#. and
23 - oto rap in $ital military information

%
CRIMES AGAINST LA1S O* NATIONS
In crimes against the law of nations t e offenders can e prosec'ted any# ere in t e #orld eca'se t
ese crimes are considered as a ainst 'manity in eneral liHe piracy and m'tiny $ Crimes against
national security can 'e tried only in the )hilippines& as t ere is a need to rin t e offender ere efore e
can e made to s'ffer t e conse@'ences of t e la#$ The acts against national security may 'e
committed a'road and still 'e punisha'le under our law& 'ut it can not 'e tried under foreign law$
Article !!2
INCITING TO 1AR OR GI3ING MOTI3ES *OR RE(RISALS
5888 ELEMENTS#
5888 That the offender performs #nlawf#l or #na#thori*ed acts
5889 That s#ch act s provo%e or give occasion for a war involving or liable to
invo lve the Philippines or e"pose +ilipino citi*ens to reprisals on their persons or
propert!
5889 Crime is committed in time of peace intent is immaterial
5890 Inciting to war B offender is any person
5891 "eprisals is not limited to military action it co'ld e economic reprisals or denial
of entry into t eir co'ntry.
Example. 'rns C inese fla . "f C ina ans t e entry of +ilipinos into C ina t at is already
reprisal.
Article !!4
3IOLATION O* NEUTRALITY
ELEMENTS#
23 That there is war in which the Philippines is not involved
24 That there is a reg#lation iss#ed b! competent a#thorit! for the p#rpose of enforcing
ne#tralit!
25 That the offender violates s#ch reg#lation
24 Jo$Ft m'st a$e declared t e ne'trality of t e - il in a #ar et#een 2 ot er co'ntries
The regulation must be issued by a competent authority like the President of the Philippines or the
Chief of taff of the !rmed "orces of the Philippines# during a $ar bet$een different countries in
$hich the Philippines is not taking sides.
23 "t is ne'trality of t e - il t at is $iolated

24 Con ress as t e ri t to declare ne'trality
The violations can be done either by means of dolo or by means of culpa. *o violation
of neutrality can be committed through reckless imprudence.
Article !56
CORRES(ON7ENCE 1IT8 8OSTILE COUNTRY
ELEMENTS#
a. That it is in time of war in which the Philippines is involved
&
0 That the offender ma%es correspondence with an enem! co#ntr! or territor!

occ#pied b! enem! troops
1 That the correspondence is either –
1.0 prohibited b! the government, or
1.1 carried on in ciphers or conventional signs, or
0 containing notice or information which might be #sef#l to the enem!
1 Circumstances *ualifying the offense:

0 a. notice or information mi t e 'sef'l to t e enemy
2
3 . offender intended to aid t e enemy
0 0ostile co'ntry e ist only d'rin ostilities or after t e declaration of #ar
1 Correspondence to enemy countryB correspondence to officials of enemy co'ntry B

e$en if related to yo'.
2 "t is not correspondence #it pri$ate indi$id'al in enemy co'ntry
3 "f cip ers #ere 'sed no need for pro i ition
4 "f cip ers #ere not 'sed t ere is a need for pro i ition
"n any case it m'st e correspondence #it t e enemy co'ntry

0 DoesnFt matter if correspondence contains innocent matters B if pro i ited p'nis a le
Article !5!
*LIG8T TO ENEMY9S COUNTRY
0 ELEMENTS
0That there is a war in which the Philippines is involved
1That the offender &+ilipino or resident alien) m#st be owin g allegiance to the
government
2That the offender attempts to flee or go to enem! co#ntr!
3That going to enem! co#ntr! is prohibited b! competent a#thorit!

1 Mere attempt cons'mmates t e crime
2 T ere m'st e a pro i ition. "f none e$en if #ent to enemy co'ntry B no $iolation
3 Alien resident may e 'ilty ere.
Article !55
(IRACY
5888 2 Ways of Committing 'iracy

5888 ?y attacHin or seiIin a $essel on t e i seas or in t e - ilippine #aters (-D
532)
-
. ?y seiIin t e # ol e or part of t e car o of said $e icles its e@'ipment or personal

elon in s of its complement or passen ers
23 Elements#
23 That a vessel is on the high seas$Philippine waters
24 That the offenders are not members of its complement or passengers of the vessel
25 That the offenders –
23 attac% or sei*e that vessel or & hence, if committed by crew or passengers, the
crime is not piracy but robbery in the high seas )
24 sei*e the whole or part of the car go of said vessel, its e # ipment or personal
belongings of its complement or passengers
24 +igh seas: any #aters on t e sea coast # ic are #it o't t e o'ndaries of t e lo# #ater marH
alt o' s'c #aters may e in t e /'risdictional limits of a forei n o$Ft
25 'iracy in high seas B /'risdiction is #it any co'rt # ere offenders are fo'nd or arrested
26 'iracy in internal watersB /'risdiction is only #it - ilippine co'rts
27 +or p'rpose of Anti +encin 7a# piracy is part of ro ery and t eft
(iracy Mutiny
o ery or forci le de radation on t e 8nla#f'l resistance to a s'perior officer or
i seas #it o't la#f'l a't ority and t e raisin of commotion and dist'r ances
done #it animo l'crandi and in t e on oard a s ip a ainst t e a't ority of its
spirit and intention of 'ni$ersal ostility. commander
"ntent to ain is an element. =o criminal intent

AttacH from o'tside. >ffenders are AttacH from t e inside.
stran ers to t e $essel.
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ1024 'nder t e amended article& piracy can only 'e committed 'y a
person who is not a passenger
nor mem'er of the complement of the vessel irrespective of venue . %o if a passenger or complement
of the vessel commi ts acts of ro!!ery in the high seas the crime is ro''ery& not piracy$
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ1025 "f in t e - il. #aters still piracy
(owever, despite the amendment, 0.". o. 1 $ may still apply where the offender is not
stranger to the vessel since it provides2 “Any attack upon or seize of any vessel, or the
taking away of the whole of part thereof or its cargo, equipment or the personal belongings
of its complement or passengers, irrespective of the value hereof, by means of violence
against or intimidation of persons or force upon things, committed by any person, including
a passenger or member of the complement of said vessel, in Philippine waters, shall be
considered as piracy. The offenders shall be considered as pirates and punished as
hereinafter provided. fter all, under the 3evised 0enal 4ode, for one to be called a pirate, the
offender must be a stranger to the vessel.
0 'hile the !rticle 122 limits the offenders to non(passengers or non(members of the cre$# P.).
532 states that the attack upon or sei*ure of any +essel# or taking a$ay the $hole or part
thereof or its cargo# e,uipmen t or personal belongings of its complement or passengers
committed by any person including a passenger or member of the complement of said +essel
shall be considered Piracy.
1
=ote o#e$er t at in ection 4 of -residential Decree =o. 532 & the act of aiding pirates or a'etting piracy
is penali(ed as a crime distinct from piracy$ .aid section penali(es any person who /nowingly and in any
manner aids or protects pirates& such as giving them information a'out the movement of the police or
other peace officers of the government& or ac*uires or receives property ta/en 'y such pirates& or in any
manner derives any 'enefit therefrom- or who directly or indirectly a'ets the commission of piracy$ Also& it
is expressly provided in the same section that the offender shall 'e considered as an accomplice of the
principal offenders and punished in accordance with the "evised )enal Code$ T is pro$ision of
-residential Decree =o. 532 #it respect to piracy in - ilippine #ater as not een incorporated in t e
e$ised -enal Code. =eit er may it e considered repealed y ep' lic Act =o. !65 since t ere is not in in t
e amendatory la# is inconsistent #it said section. Apparently& there is still the crime of a'etting
piracy in )hilippine waters under )residential 0ecree No$ 12+$
Considering that the essence of piracy is one of ro''ery any taHin in a $essel #it force 'pon t in s or #it
$iolence or intimidation a ainst person is employed #ill al#ays e piracy $ It cannot co3exist with the
crime of ro''ery . o ery t erefore cannot e committed on oard a $essel $ But if the ta/ing is without
violence or intimidation on persons or force upon things& the crime of piracy cannot 'e committed& 'ut only
theft$
Elements o mutiny
0 The vessel is on the high seas or Philippine waters(
1 -ffenders are either members of its complement, or passengers of the
vessel( ') -ffenders either –
1.0 attac%or sei*e the vessel( or
1.1 sei*e the whole or part of the cargo, its e #ipment, or personal belongings of the
crew or passengers.
$utiny is t e 'nla#f'l resistance to a s'perior officer or t e raisin of commotions and dist'r ances a
oard a s ip a ainst t e a't ority of its commander.
Article !5:
;UALI*IE7 (IRACY
0 ;UALI*YING CIRCUMSTANCES#
0.0 henever the! have sei*ed a vessel b! boarding or firing #pon the same
0.1 henever the pirates have abandoned their victims witho#t means of saving
themselves
0.2 henever the crime is acco mpanied b! m#rder, homicide, ph!sical in/#ries, or rape.
&the above ma! res#lt to #alified m#tin!)
#urder& rape& homicide& physical in4uries are mere circumstances *ualifying piracy and cannot 'e
punished as separate crimes& nor can they 'e complexed with piracy$
0 -arricideLinfanticide s o'ld e incl'ded (K'd e -imentel)
1 M'rderLrapeL omicideLp ysical in/'ries m'st a$e een committed on t e passen ers
or complement
11
In piracy, where rape, murder or homicide is committed, the mandatory penalty of

death is imposable. This means that even if the accused enters a plea of guilty, the
penalty of death will still be imposed because death is a single and indispensable
penalty.(People vs. 0odrig#e*, 1' 30A 45 )
The penalty for 5ualified piracy is reclusion perpetua to death. If any of the
circumstances enumerated under the law is proven or established, the mandatory
penalty of death should be imposed. The presence of mitigating or aggravating
circumstances will be ignored by the court.
Although in Article 5+2 merely refers to *ualified piracy& there is also the crime of *ualified mutiny$ #utiny
is *ualified under the following circumstances:
0 %hen the offenders a'andoned the victims without means of saving themselves- or
6+7 %hen the mutiny is accompanied 'y rape& murder& homicide& or physical in4uries$ Note
that the first circumstance which *ualifies piracy does not apply to mutiny$
Re,u-lic Act No& )5:' <The Anti 8i=>ac?ing Law@
Anti i /acHin is anot er Hind of piracy # ic is committed in an aircraft. "n ot er co'ntries t is crime is
Hno#n as aircraft piracy$
&our situations governed !y anti hi,-ac ing law:
657 usurping or sei(ing control of an air craft of )hilippine re gistry while it is in flight&
compelling the pilots thereof to change the course or destination of the aircraft-
6+7 usurping or sei(ing control of an aircraft of foreign registry while within )hilippine territory&
compelling the pilots thereof to land in any part of )hilippine territory-
0 carrying or loading on 'oard an aircraft operating as a pu'lic utility passenger aircraft in the )
hilippines& any flamma'le& corrosive& explosive& or poisonous su'stance- and
23 loading& shipping& or transporting on 'oard a cargo aircraft operating as a pu'lic utility in the )
hilippines& any flamma'le& corrosive& explosive& or poisonous su'stance if this was done not in
accordance with the rules and regulations set and promulgated 'y the Air Transportation Office on
this matter$
?et#een n'm ers 1 and 2 t e point of distinction is # et er t e aircraft is of - ilippine re istry or forei n
re istry. T e common ar @'estion on t is la# 's'ally in$ol$es n'm er 1. The important thing is that 'efore
the anti hi34ac/ing law can apply& the aircraft must 'e in flight$ If not in flight& whatever crimes committed
shall 'e governed 'y the "evised )enal Code . T e la# maHes a distinction et#een aircraft of a forei n re
istry and of - ilippine re istry & )f the aircraft su!-ect of the hi,-ac is of 'hilippine registry & it should 'e in
flight at the time of the hi34ac/ing$ Otherwise& the anti hi34ac/ing law will not apply and the crime is still
punished under the "evised
)enal Code$ T e correlati$e crime may e one of ra$e coercion or ra$e t reat. "f some ody is Hilled t e crime is omicide or m'rder as t e case
may e. "f t ere are some e plosi$es carried
t ere t e crime is destr'cti$e arson. E plosi$es are y nat're pyro tec ni@'es. Destr'ction of property
#it t e 'se of pyro tec ni@'e is destr'cti$e arson. "f t ere is ille all y possessed or carried firearm ot er
special la#s #ill apply.
>n t e ot er and / if the aircraft is of foreign registry & the law does not re*uire that it 'e in flight 'efore the
anti hi34ac/i ng law can apply$ This is 'ecause airc rafts of foreign registry are considered in transit while
they are in foreign countries . Alt o' t ey may a$e een in a forei n co'ntry tec nically t ey are still in fli t
eca'se t ey a$e to mo$e o't of t at forei n co'ntry. o e$en if any of t e acts mention ed #ere
committed # ile t e e teri or doors of t e forei n aircraft #ere still open t e anti i /acHin la# #ill already
o$ern.
=ote t at 'nder t is la#& an aircraft is considered in flight from the moment all exterior doors are closed
following em'ar/ation until such time when the same doors are again opened for disem'ar/ation$ This
means that there are passengers that 'oarded$ o if t e doors are closed to rin t e aircraft to t e an ar t e
aircraft is not considered as in fli t. T e aircraft s all e deemed to e already in fli t e$en if its en ine
as not yet een started.
12
;uestions Answers
0 T e pilots of t e -an Am aircraft #ere accosted y some armed men and #ere told to
proceed to t e aircra ft to fly it to a forei n destination. T e armed men #alHed #it t e pilots and #ent
on oard t e aircra ft. ?'t efore t ey co'ld do anyt in on t e aircraft alert mars als arrested t em. : at
crime #as committed<
The criminal intent definitely is to ta/e control of the aircraft& which is hi34ac/ing$ It is a *uestion
now of whether the anti3hi34ac/ing law shall govern$
The anti hi34ac/ing law is applica'le in this case$ Even if the aircraft is not yet a'out to fly& the
re*uirement that it 'e in flight does not hold true when in comes to aircraft of foreign registry$ Even if the
pro'lem does not say that all exterior doors are closed& the crime is hi34ac/ing$ .ince the aircraft is of
foreign registry& under the law& simply usurping or sei(ing control is enough as long as the aircraft is
within )hilippine territory& without the re*uirement that it 'e in flight$
Note& however& that there is no hi34ac/ing in the attempted stage$ This is a special law where
the attempted stage is not punisha'le$
0 A - ilippine Air 7ines aircraft is o'nd for Da$ao. : ile t e pilot and co pilot are taHin t eir
snacHs at t e airport lo'n e some of t e armed men #ere also t ere. T e pilots #ere follo#ed y t ese
men on t eir #ay to t e aircraft. As soon as t e pilots entered t e cocHpit t ey p'lled o't t eir firearms
and a$e instr'c tions # ere to fly t e aircraft . Does t e anti i /acHin la# apply<
No$ The passengers have yet to 'oard the aircraft$ If at that time& the offenders are
apprehended& the law will not apply 'ecause the aircraft is not yet in flight$ Note that the aircraft is of )
hilippine registry$
0 : ile t e ste#ardess of a - ilippine Air 7ines plane o'nd for Ce ' #as #aitin for t e
passen er manifest t#o of its passen ers seated near t e pilot s'rreptitio'sly entered t e pilot cocHpit.
At 'npoint t ey directed t e pilot to fly t e aircraft to t e Middle East. 0o#e$er efore t e pilot co'ld fly t
e aircraft to#ards t e Middle East t e offenders #ere s' d'ed and t e aircraft landed. : at crime #as
committed<
The aircraft was not yet in flight$ Considering that the stewardess was still waiting for the
passenger manifest& the doors were still open$ 9ence& the anti hi34ac/ing law is not applica'le$ Instead&
the "evised )enal Code shall govern$ The crime committed was grave coercion or grave threat&
depending upon whether or not any serious offense violence was inflicted upon the pilot$
9owever& if the aircraft were of foreign registry& the act would already 'e su'4ect to the anti
hi34ac/ing law 'ecause there is no re*uirement for foreign aircraft to 'e in flight 'efore such law would
apply$ The reason for the distinction is that as long as such aircraft has not returned to its home 'ase&
technically& it is still considered in transit or in flight$
Aspassenton'mer aircrafters3 andora 4carof o aircraftep'lic. ActIn 'oth=o. cases&6235

thowever& edistinctionhe lawis#appliesetert onlyeaircrafttopu!licisa utility aircraft in the 'hilippines$ )rivate
aircrafts are not su'4ect to the anti hi34ac/ing law& in so far as transporting prohi'ited su'stances are concerned$
If the aircraft is a passenger aircraft& the prohi'ition is a'solute . Carryin of any pro i ited
flamma le corrosi$e or e plosi$e s' stance is a crime 'nder ep' lic Act =o. 6235 $ But if the aircraft is
only a cargo aircraft& t e la# is $iolated only # en t e transportin of t e pro i ited s' stance #as not
done in accordance #it t e r'les and re 'lations prescri ed y t e Air Transportation >ffice in t e matter
of s ipment of s'c t in s. T e ?oard of Transportation pro$ides t e manner of pacHin of s'c Hind of
articles t e @'antity in # ic t ey may e loaded at any time etc. >t er#ise t e anti i /acHin la# does not
apply.
0o#e$er 'nder ection ! any physical in4ury or damage to property which would result from the carrying or
loading of the flamma'le& corrosive& explosive& or poisonous su'stance in an aircraft& the offender shall
'e prosecuted not only for violation of "epu'lic Act No$ +21& 'ut also for the crime of physical in4uries or
damage to property& as the case may 'e& under the "evised )enal Code$ There will 'e two prosecutions
here$ >t er t an t is sit'ation t e crime of p ysical
13
in/'ries #ill e a sor ed. "f t e e plosi$es #ere planted in t e aircraft to lo# 'p t e aircraft t e circ'mstance
#ill @'alify t e penalty and t at is not p'nis a le as a separate crime for m'rder. T e penalty is
increased 'nder t e anti i /acHin la#.
All other acts outside of the four are merely *ualifying circumstances and would 'ring a'out higher
penalty$ .uch acts would not constitute another crime . o t e Hillin or e plosion #ill only @'alify t e
penalty to a i er one.
;uestions Answers
23 "n t e co'rse of t e i /acH a passen er or c omplement #as s ot and Hilled. : at

crime or crimes #ere committed<
The crime remains to 'e a violation of the anti hi34ac/ing law& 'ut the penalty thereof shall 'e
higher 'ecause a passenger or complement of the aircraft had 'een /illed$ The crime of homicide or
murder is not committed$
23 T e i /acHers t reatened to detonate a om in t e co'rse of t e i /acH. : at crime or

crimes #ere committed<
Again& the crime is violation of the anti hi34ac/ing law$ The separate crime of grave threat is not
committed$ This is considered as a *ualifying circumstance that shall serve to increase the penalty$
TITLE T1O
CRIMES AGAINST T8E *UN7AMENTAL LA1S O* T8E STATE
Crimes against the un/amental laws o the State
Ā5888 Ar itrary detention (Art. 124);
Ā5889 Delay in t e de li$ery of de tained persons to t e pr oper /'dicial a't orities (Art.
125);
Ā5890 Delayin release (Art. 126);
Ā5891 E p'lsion (Art. 12!);
Ā5892 &iolation of domicile (Art. 12%);
Ā5893 earc #arrants malicio'sly o tained and a 'se in t e s er$ice of t ose le ally o
tained (Art. 12 );
0 earc in domicile #it o't #itnesses (Art. 13*);
0 -ro i ition interr'ption and dissol'tion of peacef'l meetin s (Art. 131);

. "nterr'ption of reli io's #ors ip (Art. 132); and
1*. >ffendin t e reli io's feelin s (Art. 133);
nder this title& the offenders are pu'lic officers& except as to the last crime ; offendi ng the religious
feelings under Article 522& which refers to any person$ The pu'lic officers who may 'e held lia'le are only
those acting under supposed exercise of official functions& al'eit illegally$ But private persons may also 'e
lia'le under this title as when a private person conspires with a pu'lic officer$ %hat is re*uired is that the
principal offender must 'e a pu'lic officer$ Thus& if a private person conspires with a pu'lic officer& or
'ecomes an accessory or accomplice& the private person also 'ecomes lia'le for the same crime$ But a
private person acting alone cannot commit the crimes under Article 5+8 to 52+ of this title$
Classes o Ar-itrary 7etention#

a. ?y detainin a person #it o't le al ro'nd
14
. Delay in t e deli$ery of detained persons to t e proper /'dicial a't orities

c. Delayin release
Article !5"
ARBITRARY 7ETENTION
0 ELEMENTS#
a. That the offender is a p#blic officer or emplo!ee 6whose official duties include the
authority to ma/e an arrest and detain persons- 4urisdiction to maintain peace
and order7$
5888 That he detains a person 6actual restraint7$
5889 That the detention was witho#t legal gro#nds 6cannot 'e committed if with warrant7$
1 7etention# # en a person is placed in confinement or t ere is a restraint on is

person.
>nly t ose p' lic office rs # ose official d'ties carry #it it t e a't ority to maHe an arrest and detain
persons can e 'ilty of t is crime $ .o& if the offender does not possess such authority& the crime
committed 'y him is illegal detention$
23 T o' t e elements specify t at t e offender e a p' lic officer or employee pri$ate

indi$id'als # o conspire #it p' lic officers can also e lia le.
"n a case decided y t e 'preme Co'rt a Barangay Chairman # o 'nla#f'lly detains anot er #as eld to e
'ilty of t e crime of ar itrary detention. T is is eca'se e is a person in
a't ority $ested #it t e /'risdic tion to maintain peace and order #it in is aran ay. "n t e maintenance
of s'c peace and order e may ca'se t e arrest and detention of tro' lemaHers
or t ose # o dist'r t e peace and order #it in is aran ay. ?'t if t e le al asi s for t e appre ension and
detention does not e ist t en t e detention ecomes ar itrary.
23 #egal grounds for the detention of any person: a.

commission of a crime
. $iolent insanity or ot er ailment re@'irin comp'lsory confinement of t e patient in

a ospital
c. escaped prisoner
'hen the peace officers acted in good faith e+en if the three /30 grounds mentioned
abo+e are not obtaining# there is no !rbitrary )etention.
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀĀȀ1024 Without legal grounds:
a. eas committedasnotcomamittedcrime any crime or no reas ona le ro'nd of s'spicion t at e
. not s'fferin from $iol ent insanity or any ot er ailment re@'irin comp'lsory
confinement in a ospital
0 rounds for warrantless arrest:

a. Crime is a o't to e is ein as een committed in is presence
. >fficer m'st a$ e pro a le ca'se to elie$e ased on perso nal Hno#led e of facts
and circ'mstances t at t e person pro a ly committed t e crime
0 <or escaped prisoner B no need for #arrant
1 Example: 9 #as Hilled y 'nHno#n assailant. >fficers ot a tip and arrested . $ol'ntarily
admitted to t e officers t at e did it alt o' e #as not asHed. #as
15
detained immediately. Accordin to t e C t ere #as => ar itrary detention. : y< ?

eca'se once made a confession t e officers ad a ri t to arrest im.
rbitrary detention can be committed thru simple imprudence or negligence.

&People vs. 6isa)
Periods of Detention penalized:
!. "etention not exceeding three days#
$. "etention for more than three days but not more than !1 days#
. "etention for more than !1 days but not more than - months# and /.
"etention for more than - months.
0 Continuing crime is different from a continuous crime
1 (amos v. "nrile# e els later on retire. Accordin to t e C once yo' a$e

committed re ellion and a$e not een p'nis ed or amnestied t en t e re els contin'e
to en a e in re ellion 'nless t e re els reno'nce is affiliation. Arrest can
e made #it o't a #arrant eca'se t is is a contin'in crime.
7istinction -etween ar-itrary /etention an/ illegal /etention
!& In ar-itrary /etention ==
The principal offender must 'e a pu'lic officer$ Civilians cannot commit the crime of ar'itrary
detention except when they conspire with a pu'lic officer committing this crime&
or 'ecome an accomplice or accessory to the crime committed 'y the pu'lic officer- and
The offender who is a pu'lic officer has a duty which carries with it the authority to detain a
person$
5& In illegal/etention ==
The principal offender is a private pers on$ But a pu'lic officer can commit the crim e of illegal
detention when he is acting in a private capacity or 'eyond the scope of his official duty& or when
he 'ecomes an accomplice or accessory to the crime committed 'y a private person$
The offender& even if he is a pu'lic officer& does not include as his function the power to arrest
and detain a person& unless he conspires with a pu'lic officer committing ar'itrary detention$
%hether the crime is ar'itrary detention or illegal detention& it is necessary that there must 'e an actual
restraint of li'erty of the offended party$ If there is no actual restraint& as the offended party may still go to
the place where he wants to go& even though there have 'een warnings& the crime of ar'itrary detention
or illegal detention is not committed$ There is either grave or light threat$
9owever& if the victim is under guard in his movement such that there is still restraint of li'erty& then the
crime of either ar'itrary or illegal detention is still committed$
7istinction -etween ar-itrary /etention an/ unlaw ul arrest
0 As to offender
In ar'itrary detention& t e offender is a p' lic officer possessed #it a't ority to maHe arrests.
In unlawful arrest t e offender may e any person$
6+7 As to criminal intent
In ar'itrary detention t e main reason for detainin t e offended party is to deny im of is li erty.
16
In unlawful arrest t e p'rpose is 1) to acc'se t e offended party of a crime e did not

commit; 2) to deli$er t e person to t e proper a't ority; and 3) to file t e necessary c ar es
in a #ay tryin to incriminate im.
%hen a person is unlawfully arrested& his su'se*uent detention is without legal grounds$
Article !5'
7ELAY IN T8E 7ELI3ERY O* 7ETAINE7 (ERSONS
0 ELEMENTS#
0 That the offender is a p#blic officer or emplo!ee
1 That he has detained a person for some legal gro#nds
2 That he fails to deliver s#ch person to the proper /#dicial a#thorit! within7
5888 12 ho#rs if detained for crimesLoffenses p'nis a le y light penalties or t eir
e@'i$alent
5889 15 ho#rs for crimesLoffenses p'nis a le y correctional penalties or t eir
e@'i$alent or
5890 '8 ho#rs for crimesLoffenses p'nis a le y capital p#nishment or afflictive
penalties or t eir e@'i$alent
rticle !$1 covers situations wherein the person detained has been arrested without a
warrant but his arrest is nonetheless lawful. It is a felony committed by omission
because of the failure of the offender to deliver the detained person to the proper
judicial authority within !$ hours, !6 hours and - hours as the case may be.
At t e e innin t e detention is le al since it is in t e p'rs'ance of a la#f'l arrest. 0o#e$er t e detention

ecomes ar itrary # en t e period t ereof e ceeds 12 1% or 36 o'rs as t e case may e dependin on #
et er t e crime is p'nis ed y li t correctional or afflicti$e penalty or t eir e@'i$alent.
23 eally means delay in filin necessary information or c ar in of person detained in

co'rt.
24 #ay 'e waived if a preliminary investigation is as/ed for$
8nder t e e$ised 'les of Co'rt # en t e person arrested is arrested for a crime # ic i$es im t e ri t to
preliminary in$esti ation and e #ants to a$ail is ri t to a preliminary in$esti ation e #o'ld a$e to #ai$e
in #ritin is ri ts 'nder Article 125 so t at t e arrestin officer #ill not immediately file t e case #it t e co'rt
t at #ill e ercise /'risdiction o$er t e case. "f e does not #ant to #ai$e t is in #ritin t e arrestin officer
#ill a$e to comply #it Article 125 and file t e case immediat ely in co'rt #it o't prel iminary in$esti
ation. "n s'c case t e arrested person #it in fi$e days after learnin t at t e case as een filed in co'rt
#it o't preliminary in$esti ation may asH for preliminary in$esti ation. "n t is case t e p' lic officer
# o made t e arrest #ill no lon er e lia le for $iolation of Article 125.
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀1024Does not
contemplate act'al p ysical deli$ery 't at least t ere m'st e a complaint filed. D'ty
complied #it 'pon t e filin of t e complaint #it t e /'dicial a't ority (co'rts prosec'tors B t
o' tec nically not a /'dicial a't ority for p'rposes of t is article eFs considered as one.)
"elivery of detained person consists in making charge of filing a compliant against the
prisoner with the proper judicial authority. It does not involve the physical delivery of
the prisoner before the judge & a!o vs. 3hief of Police).
0 T e filin of t e information in co'rt does not c're ille ality of detention. =eit er does it
affect t e le ality of t e confinement 'nder process iss'ed y t e co'rt.
1%
0 To escape from t is officers 's'ally asH acc'sed to e ec'te a #ai$er # ic s o'ld

e 'nder oat and #it assistance of co'nsel. 'c #ai$er is not $iolati$e of t e acc'sed
constit'tional ri t.
1 What is length of waiver < =ight offense B 5 da ys. .erious and less serious offenses B !
to 1* days. (K'd e -imentel)
2 Article does not apply # en arrest is $ia a #arrant of arrest
;& :it in # at period s o'ld a police officer # o as arrested a person 'nder a #arrant
of arrest t'rn o$er t e arrested person to t e /'dicial a't ority<

0There is no time limit specified except that the retu rn must 'e made wit hin a reasona'le time$
The period fixed 'y law under Art icle 5+1 does not apply 'eca use the arrest was made 'y virtue of a
warrant of arrest$
1 "f offender is a private person crime is ille al detention
2 ?efore Article 125 may e applied it is necessary t at initially t e detention of t e arrested

person m'st e la#f'l eca's e t e arrest is ased on le al ro'nd s. "f t e arrest is made #it o't a
#arrant t is constit'tes an 'nla#f'l arrest. Article 26 ('nla#f'l arrest) not Article 125 #ill apply. "f t e
arrest is not ased on le al ro'nds t e arrest is p're and simp le ar itrary detention. Article 125
contemplates a sit'ation # ere t e arrest #as made #it o't #arrant 't ased on le al ro'nds. T is is
Hno#n as citiIenFs arrest.
3 police officer has no authority to arrest and detain a person on the basis merely of the
complaint of the offended party, even if after investigation he becomes convinced that the
accused is guilty of the offense charged. What the complainant may do is to file a complaint
with the court and ask for the issuance of a warrant of arrest.
Ar-itrary7etention<!5"@ 7elayin7eli%eryo 7etaine/<!5'@

Detention is ille al from t e e innin . Detention is le al in t e e innin 't ille ality starts
from t e e piration of t e specified periods #it
o't t e persons detained a$in een deli$ered to
t e proper /'dicial a't ority.
Article !5)
7ELAYING RELEASE
ELEMENTS#
1 That there is a /#dicial or e"ec#t ive order for the rel ease of a prisoner or detention
prisoner, or that there is a proceeding #pon a petition for the liberation of s#ch person
2 That the offender witho#t good reason dela!s7
0 the service of the notice of s#ch order to the prisoner, or
1 the performance of s#ch /#dicial or e"ec#tive order for the release of the
prisoner, or
'. the proceedings #pon a petition for the release of s#ch person
0 Three acts are ,unisha-le#

0 delayin t e perf ormance of a /'dicial or e ec' ti$e order for t e rel ease of a
prisoner
. delayin t e ser$ice of notice of s'c order to said prisoner

1&
c. delayin t e proceedin s 'pon any petition for t e li eration of s'c person
5888 %ardens and 4ailers are t e persons most liHely to $iolate t is pro$ision
5889 -ro$ision does not incl'de le islation
Article !5+
E (ULSION
ELEMENTS#
a. That the offender is a p#blic officer or emplo!ee
b. That he e"pels an! pers on from the Philippines, or compels a person to chang e
his residence
c. That the offender is not a#thori*ed to do so b! law
• 5 acts ,unisha-le#
a. y e pellin a person from t e - ilippines
. y compellin a person to c an e is residence
T e essence of t is crime is coercion 't t e specific crime is e p'lsionG # en committed y a p' lic
officer. If committed 'y a private person& the crime is grave coercion$
In the 0hilippines, only the 0resident of the 3epublic has the power to deport aliens
whose continued stay in the country constitutes a menace to the peace and safety of
the community.
In the case of 7ilipino citi)ens, only the court, by final judgment, can order a person to
change his residence.
"n 3illa%icencio %& Lu?-an. :4 (hil ++2 t e mayor of t e City of Manila #anted to maHe t e city free
from prostit'tion. 0e ordered certain prostit'tes to e transferred to Da$ao #it o't o ser$in d'e
processes since t ey a$e not een c ar ed #it any crime at all. "t #as eld t at t e crime committed #as
e p'lsion.
23 Does not incl'de 'ndesira le aliens; destierro; or # en sent to prison
;uestions Answers
0 Certain aliens #ere arrested and t ey #ere /'st p't on t e first aircraft # ic ro' t t em to
t e co'ntry so t at t ey may e o't without due process of law . :as t ere a crime committed<
>es$ Expulsion$
0 "f a +ilipino citiIen is sent o't of t e co'ntry # at crime is committed<
!rave coercion& not expulsion& 'ecause a <ilipino cannot 'e deported$ This crime refers only to
aliens$
0 "f (+ilipino) after e $ol'ntarily left is ref'sed re entry B is considered forcin im to c an

e is address ere
1 T reat to national sec'rity is not a ro'nd to e pel or c an e is address.
Article !52
3IOLATION O* 7OMICILE
1-
ELEMENTS#
1 That he is not a#th ori*ed b! /#dicial order to enter the dwelling and$or to ma%e a
search therein for papers or other effects
2 That he commits an! of the following acts7
0 entering an! dwelling against the will of the owner thereof
1 searching papers or othe r effects fo#nd the rein witho#t the previo#s consent
of s#ch owner
0 ref#sing to leave the premises, after having s#rreptitio#sl! entered said dwel
ling and after having been re #ired to leave the same
1 Aggravating Circumstance 6medium and maximum of penalty imposed7: a.

>ffense committed at ni ttime
. -apers or effects not constit'tin e$idence of a crime e not ret'rned immediately
In order to commit this crime, the entry must be against the will of the owner. If the
entry is only without the consent of the owner, the crime of violation of domicile is not
committed.
The prohibition may be expressed or implied. If the signs 8 !o not enter 9 and
8Strangers keep out9 are posted in front of the house or dwelling, then the
prohibition is express. If the door is locked, or even if it is open but these are barriers to
indicate the manifest intention of the owner to bar strangers from
entering, there is implied prohibition.
The primary object of the law is to preserve the privacy of abode of the offended party.
(ence, if the privacy is already lost, as when the offender has been allowed by the
owner to enter the dwelling together with other persons, any subse5uent change of
attitude will not restore the privacy which was already lost. When privacy is waived,
trespass to dwelling or violation of domicile cannot be committed.
0 "f t e offender # o enters t e d#ellin a ainst t e #ill of t e o#ner t ereof is a

private individual t e crime committed is trespass to d#ellin (Art 2%*)
1 : en a p' lic officer searc ed a person o'tside is d#ellin G #it o't a searc
#arrant and s'c person is not le ally arrested for an offense t e crime committed y t
e p' lic officer is grave coercion if $iolence or intimidation is 'sed (Art 2%6) or un4ust
vexation if t ere is no $iolence or intimidation (Art 2%!)
2 A p' lic officer #it o't a searc #arrant cannot la#f'lly enter t e d#ellin a ainst
t e #ill of t e o#ner e$en if e Hne# t at someone in t at d#ellin is a$in 'nla#f'l
possession of opi'm
3 8nder 'le 113(sec. 11) of t e e$ised 'les of Co'rt when a person to 'e arrested enters
a premise and closes it thereafter& the pu'lic officer& after giving notice of an arrest& can 'rea/ into
the premise$ 0e s all not e lia le for $iolation of domicile.
4 : acts ,unisha-le#
a. person enters dwelling w$o consent or against the will
In the plain view doctrine p' lic officer s o'ld e le ally entitled to e in t e place # ere t e effects
#ere fo'nd. "f e entered t e place ille ally and e sa# t e effects doctrine inapplica le; t 's e is
lia le for $iolation of domicile.
2
0 person enters and searches for papers and effects
-' lic officer # o enters #it consent searc es for paper and effects #it o't t e consent of t e
o#ner. E$en if e is #elcome in t e d#ellin it does not mean e as permission to searc .
1 person entered secretl! and ref#ses to leave after being as%ed to
T e act p'nis ed is not t e entry 't t e refusal to leave. "f t e offender 'pon ein directed to
lea$e follo#ed and left t ere is no crime of $iolation of domicile. Entry must
'e done surreptitiously; #it o't t is crime may e 'n/'st $e ation. But if entering was done against the will of the occupant of the
house meanin t ere #as e press or implied
pro i ition from enterin t e same e$en if t e occ'pant does not direct im to lea$e t e crime of
$iolation of domicile is already committed eca'se it #o'ld fall in n'm er 1.
0 01eing authorized !y law B means #it searc #arrant to sa$e imself or do some t in s
ood for 'manity
There are only three recogni(ed instances when search without a warrant is considered valid& and&
therefore& the sei(ure of any evidence done is also valid . >'tside of t ese searc #o'ld e in$alid and t e o
/ects seiIed #o'ld not e admissi le in e$idence.
657 .earch made incidental to a valid arrest-
6+7 %here the search was made on a moving vehicle or vessel such that the exigency of he
situation prevents the searching officer from securing a search warrant-
0 %hen th e article sei(ed is wit hin plain view of the of ficer ma/ing th e sei(ure without ma/ing a
search therefore$
0 -apers and effects need not e part of a crime.
Article !54
SEARC8 1ARRANTS MALICIOUSLY OBTAINE7
ELEMENTS#
1 That he proc#res a search warrant
2 That there is no /#st ca#se
1 "n order that a search warrant may be issued , it must be based on probable cause in
connection with one offense, to be determined by a judge after examination under oath
of the complainant and the witnesses he may produce, and particularly describing the
place to be searched and the persons or things to be sei)ed.
T is means t ere #as no pro a le ca'se determined in o tainin t e searc #arrant.

0 Although void& the search warrant is entitled to respect 'ecause of presumption of regularity .
>ne remedy is a motion to *uash the search warrant not ref'sal to a ide y it. T e p' lic officer may
also e prosec'ted for per/'ry eca'se for im to s'cceed in o tainin a searc #arrant #it o't a pro a le
ca'se e m'st a$e per/'red imself or ind'ced someone to commit per/'ry to con$ince t e co'rt.
The true test of lack of #ust cause is whether the sworn statement filed in support of the
application for search warrant has been done in such a manner that perjury could be
charged and the affiant can be held liable for making such false statement. The oath
re5uired refers to the truth of the facts within the personal knowledge of the applicant
and his witnesses.
21
ABUSE IN T8E SER3ICE O* 1ARRANT OR E CEE7ING AUT8ORITY OR USING

UNNECESSARY SE3ERITY IN E ECUTING A SEARC8 1ARRANT LEGALLY
(ROCURE7
ELEMENTS#
1 That he has legall! proc#red a search warrant
2 That he e"ceeds his a#thorit! or #ses #nnecessar! severit! in e"ec#ting the same
1 earc #arrant is $alid for 1* days from its date
2 %earch warrant is an order in #ritin iss'ed in t e name of t e -eople si ned y

t e /'d e and directed to a p' lic officer commandin im to searc for personal
property descri ed t erein and rin it efore t e co'rt
3 No 4ust cause B #arrant is 'n/'stified
4 %earch B limited to # at is descri ed in t e #arrant all details m'st e #it partic'larity
The officer exceeded his authority under the warrant B To ill'strate let 's say t at t ere #as a p's er in a
condo 'nit. T e -=- =arcotics Jro'p o tained a searc #arrant 't t e name of person in t e searc #arrant
did not tally #it t e address stated. E$ent'ally t e person #it t e same name #as fo'nd 't in a different
address. T e occ'pant resisted 't t e p' lic officer insisted on t e searc . Dr' s #ere fo'nd and seiIed
and occ'pant #as prosec'ted and con$icted y t e trial co'rt. T e 'preme Co'rt ac@'itted im eca'se t e
p' lic offi cers are re@'ired to follo# t e searc #arrant to t e letter. T ey a$e no discretion on t e
matter. -lain $ie# doctrine is inapplica le since it pres'pposes t at t e officer #as le ally entitled to e
in t e place # ere t e eff ects # ere fo'nd. ince t e entry #as ille al plain $ie# doctrine does not apply.
⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ ĠЀĀĀĀ࿿ĀȀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀∀ЀĀȀĀ⸀ĀĀĀȀĀ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀᜀĀᜀ

ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀Ā ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀĀĀĀĀȀȀ⸀Ā
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀȀ℀⸀ĀĀȀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀ℀⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠĀȀĀ⸀ĀЀĀȀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀ
ᜀĀᜀȀĀȀ⸀ĀЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀ✀⸀ĀЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀∀ЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀Ā
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ
ĀᜀĀᜀĀ∀Ġ ᜀȀ℀⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀ✀⸀ĀᜀĀᜀĀᜀĀᜀ
ĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀Ā ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀĀȀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ
Ā ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀Ā ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀ℀⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
ᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀ✀⸀ĀᜀĀᜀĀᜀĀᜀ
ĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀Ā ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀ⼀⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀ⼀⸀Ā
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀĀĀĀЀĀȀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
ᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀ
ĀᜀĀᜀĀᜀĀᜀĀ℀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ挀ĀᜀĀᜀĀᜀĀ
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀ搀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀĀȀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀЀЀĀȀ⸀Ā
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀĀĀĀᜀȀ✀⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀∀ЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀ
ᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀∀ЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀ
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀∀ЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
ᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ℀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ挀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀ℀ĀᜀĀᜀĀᜀĀᜀ
ĀᜀĀᜀĀᜀĀᜀĀ挀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀ搀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ0 #alici
ous warrant$ E ample. #as a respondent of a searc #arrant for ille al
possession of firearms. A ret'rn #as made. T e 'n did not elon to and t e #itness
ad no personal Hno#led e t at t ere is a 'n in t at place.
⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀĀĀ ࿿ĀȀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀∀ЀĀȀĀ⸀ĀĀĀȀĀ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀᜀĀᜀ
ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀Ā ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀĀĀĀĀȀȀ⸀Ā
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀȀ℀⸀ĀĀȀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀ℀⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠĀȀĀ⸀ĀЀĀȀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀ
ᜀĀᜀȀĀȀ⸀ĀЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀ✀⸀ĀЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀∀ЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀Ā
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ
ĀᜀĀᜀĀ∀Ġ ᜀȀ℀⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀ✀⸀ĀᜀĀᜀĀᜀĀᜀ
ĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀Ā ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀĀȀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ
Ā ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀Ā ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀ℀⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
ᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀ✀⸀ĀᜀĀᜀĀᜀĀᜀ
ĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀Ā ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀ⼀⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀ⼀⸀Ā
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀĀĀĀЀĀȀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
ᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀ
ĀᜀĀᜀĀᜀĀᜀĀ℀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ挀ĀᜀĀᜀĀᜀĀ
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀ搀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀĀȀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀЀЀĀȀ⸀Ā
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀĀĀĀᜀȀ✀⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀∀ЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀ
ᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀∀ЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀ
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀∀ЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠЀĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
ᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ℀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ挀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀ℀ĀᜀĀᜀĀᜀĀᜀ
ĀᜀĀᜀĀᜀĀᜀĀ挀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀ搀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀Ġ ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ1 A'us
e examples:
a. o#ner #as andc'ffed # ile searc #as oin on.
. TanH #as 'sed to ram ate prior to anno'ncement t at a searc #ill e made
T e searc #arrant is not a license to commit destr'ction.
c. -ersons # o #ere not respondents #ere searc ed
Article !:6
SEARC8ING 7OMICILE 1IT8OUT 1ITNESSES
0 ELEMENTS #
0.0 That the offender is a p#blic officer or emplo!ee
0.1 That he is armed with a search warrant legall! proc#red
0.2 That he searches the domicile, papers or other belongings of an! person
0.3 That the owner, or an! member of his fami l!, or two witnesses residing in the same
localit! are not present
22
0 Order of those who must witness the search:
a. 0omeo#ner
. Mem ers of t e family of s'fficient a e and discretion
0 esponsi le mem ers of t e comm'nity (canFt e infl'e nced y t e searc in party)
1 ?alidity of the search warrant can 'e *uestioned only in + courts 1) # ere iss'ed or 2) # ere t
e case is pendin . 7atter is preferred for o /ecti$e determination.
rticle ! : has no application to search and sei)ure made on moving vehicles because
the application of this law is limited to dwelling and personal properties such as papers
and effects found therein.
There are searches and sei)ures which are authori)ed by law and which can be done
without the attendance of witnesses. 7or instance, the Tariff and $ustoms $ode
authori)es persons with police authority under *ec. $$: , to enter# pass through or search
any land, enclosure, warehouse, store or building, not being used as a dwelling house# and
to inspect, search and examine any vessel or aircraft, and any trunk, package, box or
envelope, or any person on board, or to stop and search and examine any vehicle, beast or
person suspected of holding or conveying any dutiable or prohibited article introduced into
the 0hilippines contrary to law.
Article !:!
(RO8IBITION. INTERRU(TION. AN7 7ISSOLUTION O* (EACE*UL
MEETINGS
0 ELEMENTS#
0 -ffender is a p#blic officer or emplo!ee
1 9e performs an! of the ff. acts7
0 prohibiting or interr#pting, witho#t legal gro#nd the holding of a peacef#l

meeting, or dissolving the same 6e$g$ denial of permit in ar'itrary manner7.
1 hindering an! person from /oining an! lawf#l association or from attending an!
of its meetings.
1 pro i itin or inderin any person from addressin eit er alone or to et er #it ot ers
any petition to t e a't orities for t e correction of a 'ses or redress of rie$ances
Two criteria to determine whether Article 343 would !e violated:
0 0angerous tendency rule ; applica le in times of national 'nrest s'c as to pre$ent co'p dFetat.
6+7 Clear and present danger rule B applied in times of peace. tricter r'le.
0 "f t e offender is a private individual t e crime is dist'r ance of p' lic order (Art 153)
1 Meetin m'st e peacef'l and t ere is no le al ro'nd for pro i itin dissol$in or interr'ptin t
at meetin
23
0 "f in t e co'rse of t e assem ly t e participants commit ille al acts liHe oral defamation or
incitin to sedition a p' lic officer or la# enforcer can stop or dissol$e t e meetin $ The
permit given is not a license to commit a crime$
0 Meetin is s' /ect to re 'lation
If the permit is denied ar'itrarily& Article 525 is violated . "f t e officer #o'ld not i$e t e permit 'nless t e
meetin is eld in a partic'lar place # ic e dictates defeats t e e ercise of t e ri t to peacea ly assem le
Article 131 is $iolated.
0 >ffender m'st e a stran er not a participant in t e peacef'l meetin ; ot er#ise itFs

'n/'st $e ation
1 "nterr'ptin and dissol$in a meetin of t e m'nicipal co'ncil y a p' lic officer is a crime a
ainst t e le islati$e ody not p'nis a le 'nder t is article
2 T e person talHin on a pro i ited s' /ect at a p' lic meetin contrary to a reement t at
no speaHer s o'ld to'c on politics may e stopped
3 ?'t stoppin t e speaHer # o #as attacHin certain c 'rc es in p' lic meetin is a
$iolation of t is article
4 -ro i ition m'st e #it o't la#f'l ca'se or #it o't la#f'l a't ority
5 T ose oldin peacef'l meetin s m'st comply #it local ordinances. E ample
>rdinance re@'ires permits for meetin s in p' lic places . But if police stops a meeting
in a private place 'ecause there@s no permit& officer is lia le for stoppin t e meetin .
0istinctions 'etween prohi'ition& interruption& or dissolution of peaceful meetings under Article 525& and
tumults and other distur'ances& under Article 512
0 As to the ,artici,ation o the ,u-lic o icer
In Article 525 t e p' lic officer is not a participant. As far as t e at erin is concerned t e p' lic
officer is a t ird party.
"f t e p' li c officer is a participant of t e assem ly and e pro i its interr'pts or dissol$es t e
same Article 512 is violated if the same is conducted in a pu'lic place$
6+7 As to the essence o the crime
In Article 525& t e offender m'st e a p' lic officer and #it o't any le al ro'nd e pro i its interr'pts
or dissol$es a peacef'l meetin or assem ly to pre$ent t e offended party from e ercisin is
freedom of speec and t at of t e assem ly to petition a rie$ance a ainst t e o$ernment.
In Article 512& t e offender need not e a p' lic officer. T e essence of t e crime is t at of
creatin a serio's dist'r ance of any sort in a p' lic office p' lic 'ildin or e$en a pri$ate place #
ere a p' lic f'nction is ein eld$
Article !:5
INTERRU(TION O* RELIGIOUS 1ORS8I(
0 ELEMENTS#
0.0 That the officer is a p#blic officer or emplo!ee
0.1 That religio#s ceremonies or manifestations of an! religion are abo#t to ta%e place
or are going on
0.2 That the offender prevents or dist#rbs the same

24
0 Circumstance $uali ying the o ense# if committed with violence or threats
1 eadin of ?i le and t en attacHin certain c 'rc es in a p' lic plaIa is not a ceremony or
manifestation of reli ion 't only a meetin of a reli io's sect. But if done in a private
home& it@s a religious service
2 (eligious Worship: people in t e act of performin reli io's rites for a reli io's ceremony; a
manifestation of reli ion. E . Mass aptism marria e
3 a pri$ate person o ed a priest # ile t e priest #as i$in omily and # ile t e latter #as
mali nin a relati$e of . "s lia le< may e lia le 'nder Art 133 eca'se is a pri$ate
person.
4 : en priest is solemniIin marria e e is a person in a't ority alt o' in ot er cases eFs
not.
Article !::
O**EN7ING RELIGIOUS *EELINGS
0ELEMENTS#
23 That the acts complained of were performed –
23 in a place devoted to religio#s worship, or & for this element& no need of religious
ceremony& only the place is material)
24 d#ring the celebration of an! religio#s ceremon!
24 That the acts m#st be notorio#sl! offensive to the feelings of the faithf#l & deli'erate
intent to hurt the feelings)
25 The offender is an! person
d. There is a deliberate intent to h#rt the feel ings of the faithf#l, directed against
religio#s tenet
5888 "f in a place de$oted to reli io's p'rpose t ere is no need for an on oin
reli io's ceremony
5889 "5ample of religious ceremony (acts performed o'tside t e c 'rc ). -rocessions

and special prayers for 'ryin dead persons 't =>T prayer rallies
5890 Acts m'st e directed a ainst reli io's practice or do ma or rit'al for t e
p'rpose of ridic'le as mocHin or scoffin or attemptin to dama e an o /ect of reli io's
$eneration
5891 T ere m'st e deli erate intent to 'rt t e feelin s of t e fait f'l mere arro ance
or r'deness is not eno'
In determining whether an act is offensive to the feelings of the faithful, the same must
be viewed or judged from the standpoint of the offended religion and not from the point
of view of the offender &People vs. :aes, 85 Phil. 2;').
CRIME Natureo Crime 1hoareLia-le I ElementMissing

Prohibition, Crime a ainst t e -' lic officers "f not y p' lic officer
nterr#ption and f'ndamental la# of t >'tsiders t'm'lts
<issol#tion of e state
25
Peacef#l 6eeting
&1'1)
nterr#ption of Crime a ainst t e -' lic officers "f y insider 'n/'st
0eligio#s orship f'ndamental la# of >'tsiders $e ation
&1'2) t e state "f not reli io's t'm'lt or
-ffending the Crime a ainst alarms
"f not notorio'sly offensi$e
'n/'st $e ation
-' lic officers "f not t'm'lts alarms
0eligio#s +eeling p' lic order pri$ate persons and scandal
&1'') o'tsiders "f meetin ille al at onset
incitin to sedition or
re ellion
TITLE T8REE
CRIMES AGAINST (UBLIC OR7ER
Crimes against ,u-lic or/er
23 e ellion or ins'rrection (Art. 134);
Co'p dF etat (Art. 134 A)

5888 Conspiracy and proposal to commit re ellion (Art. 136);
5889 Disloyalty to p' lic officers or employees (Art. 13!);
5890 "ncitin to re ellion (Art. 13%);
5891 edition (Art. 13 );
5892 Conspiracy to commit sedition (Art. 141);
23 "ncitin to sedition (Art. 142);
5888 Acts tendin to pre$ent t e meetin of Con ress and similar odies (Art. 143);
26
. Dist'r ance of proceedin s of Con ress or similar odies (Art. 144); 1*.
&iolation of parliamentary imm'nity (Art. 145);
256⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ̀ȀЀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ࿿ЀĀȀ⸀ĀĀȀĀ⸀ĀᜀĀ ĀᜀĀᜀ
ĀᜀĀᜀĀᜀ "lle al assem lies (Art. 146);
ĀᜀĀᜀĀᜀ "lle al associations (Art. 14!);
ĀᜀĀᜀĀᜀ Direct assa'lts (Art. 14%);
ĀᜀĀᜀĀᜀ "ndirect assa'lts (Art. 14 );
260⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ̀ȀЀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀ
ĀᜀĀᜀĀᜀ࿿ЀĀȀ⸀ĀĀȀĀ⸀ĀᜀĀ ĀᜀĀᜀĀᜀĀᜀĀᜀ Diso edience to s'mmons
iss'ed y Con ress its committees etc. y t e constit'tional commissions its
committees etc. (Art. 15*);
261⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ̀ȀЀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀ
ĀᜀĀᜀĀᜀ࿿ЀĀȀ⸀ĀĀȀĀ⸀ĀᜀĀ ĀᜀĀᜀĀᜀĀᜀĀᜀ esistance and diso edience
to a person in a't ority or t e a ents of s' c person (Art. 151);
1!. T'm'lts and ot er dist'r ances of p' lic order (Art. 153);
1%. 8nla#f'l 'se of means of p' lication and 'nla#f'l 'tterances (Art. 154);
1. Alarms and scandals (Art. 155);
2*. Deli$erin prisoners from /ails (Art. 156);
23 E$asion of ser$ice of sentence (Art. 15!);
24 E$asion on occasion of disorders (Art. 15%);

25 &iolation of conditional pardon (Art. 15 ); and
24. Commission of anot er crime d'r in ser$ice of pen alty imp osed for ano t er
pre$io's offense (Art. 16*).
Article !:"
REBELLION OR INSURRECTION
5888 ELEMENTS#
5888 That there be –
5888 p#blic #prising and
5889 ta%ing arms against the government & force violence)
5889 That the p#rpose of the #prising or movement is either

5888 to remove from the allegiance to said government or its laws –
4
i. the territor! of the Philippines or an! part thereof,
or 8
ii. an! bod! of land, naval or other armed forces, or
23 To deprive the chief e"ec#ti ve or congress, wholl! or partiall!, of an! of their

powers or prerogatives
24 (ersons lia-le or re-ellion

a. Any person who: 1. promotes
5888 maintains or
5888 eads a re ellion or ins'rrection; or
2%
'$ Any person who& while holding any pu'lic office or employment& ta/es part therein 'y:
5888 en a in in #ar a ainst t e forces of t e o$ernment
5889 destroyin property or committin serio's $iolence
5890 e actin contri 'tions or di$ertin p' lic f'nds from t e la#f'l p'rpose for
# ic t ey a$e een appropriated (=ote di$ertin p' lic f'ndsG is mal$ersation a
sor ed in re ellion);
5891 Any pers on merely participatin or e ec'tin t e command of ot ers in re

ellion
T e essence of this crime is a p' lic 'prisin #it t e taHin 'p of arms. "t re@'ires a m'ltit'de of people. "t
aims to o$ert ro# t e d'l y constit'ted o$ernment. "t does not re@'ire t e participation of any mem er
of t e military or national police or aniIation or p' lic officers and enerally carried o't y ci$ilians.
7astly t e crime can only e committed t ro' force and $iolence.
The crime of rebellion cannot be committed by a single individual . Invariably, it is

committed by several persons for the purpose of overthrowing the duly constituted or
organi)ed government. In the 0hilippines, what is known to the ordinary citi)en as a
symbol of ;overnment would be the barangay, represented by its officials# the local
government represented by the provincial and municipal officials# and the national
government represented by the 0resident, the 4hief <ustice and the *enate 0resident
and the *peaker of the (ouse of 3epresentatives.
256 .uccess is immaterial purpose is al#ays political
The crime of rebellion is essentially a political crime. The intention of the rebel is to
substitute himself in place of those who are in power. (is method of placing himself in
authority with the use of violence, duress or intimidation, assassination or the
commission of common crimes like murder, kidnapping, arson, robbery and other
heinous crimes in what we call rebellion.
0 (e!ellion 'sed # ere t e o /ect of t e mo$ement is completely to o$ert ro# and s'persede
t e e istin o$ernment
1 )nsurrection refers to a mo$ement # ic seeHs merely to effect some c an e of

minor importance to pre$ent t e e ercise of o$Ft a't ority #L respect to partic'lar
matters or s' /ects
2 The phrase 8to remove allegiance from the government = is used to emphasi)e that
the object of the uprising could be limited to certain areas,
like isolating a barangay or municipality or a province in its loyalty to the duly constituted government
or the national government.
Allegiance is a generic term which includes loyalty, civil obedience and civil service.
The law on rebellion however, does not speak only of allegiance or loss of territory. It
also includes the efforts of the rebel to deprive the 0resident of the 0hilippines of the
exercise of his power to enforce the law, to exact obedience of laws and regulations
duly enacted and promulgated by the duly constituted authorities.
0 Act'al clas of arms #L t e forces of t e o$Ft not necessary to con$ict t e acc'sed

# o is in conspiracy #L ot ers act'ally taHin arms a ainst t e o$Ft
2&
0 -'rpose of t e 'prisin m'st e s o#n 't it is not necessary t at it e accomplis ed
1 A c an e of o$ernment #Lo e ternal participation
2 " "=J -8?7"C79 and TA "=J A M AJA"= T J>&E =ME=T B actual participation. "f t ere is
no pu'lic uprising t e crime is of direct assault.
: en any of t e o /ecti$es of re ellion is p'rs'ed 't t ere is no p' lic 'prisin in t e le al sense & the crime is
direct assault of the first form$ ?'t if t ere is re ellion #it p' lic 'prisin & direct assault cannot 'e
committed$
0 Mere i$in of aid or comfort is not criminal in t e case of re ellion. Merely sympat
iIin is not participation t ere m'st e ACT8A7 participation
There must be a public apprising and taking up of arms for the specified purpose or
purposes mentioned in !rticle 134. The acts of the accused $ho is not a member of the ukbalahap
organi*ation of sending cigarettes and food supplies to a uk leader the changing of dollars into
pesos for a top le+el communist and the helping of uks in opening accounts $ith the bank of $hich
he $as an official# do not constitute ebellion. &3arino vs. People, et al.,
30A =;;).
0 =ot necessary t at t ere is Hillin mere t reat of remo$in - il is s'fficient
"e'ellion may 'e committed even without a single shot 'eing fired$ No encounter needed$ #ere pu'lic
uprising with arms enough$
0 (e!ellion cannot !e comple5ed with any other crime.
4ommon crimes perpetrated in furtherance of a political offense are divested of their

character as 8common9 offenses and assume the political comple%ion of the main crime
which they are mere ingredients, and conse5uently, cannot be punished separately from the
principal offense, or complexed with the same.
ORTEGA O(INION#
(e!ellion can now !e comple5ed with common crimes. =ot lon a o t e 'preme Co'rt in Enrile %&
SalaDar. !2) SCRA 5!+ reiterated and affirmed t e r'le laid do#n in (eo,le %& 8ernan/eD. 44 (hil '!' t at
re ellion may not e comple ed #it common crimes # ic are committed in f'rt erance t ereof eca'se t
ey are a sor ed in re ellion. "n $ie# of said reaffirmation some elie$e t at it as een a settled doctrine
t at re ellion cannot e comple ed #it common crimes s'c as Hillin and destr'ction of property
committed on t e occasion and in f'rt erance t ereof.
This thin/ing is no longer correct- there is no legal 'asis for such rule now$
T e statement in -eople $. 0ernandeI t at common crimes committed in f'rt erance of re ellion are a
sor ed y t e crime of re ellion #as dictated y t e pro$ision of Article 135 of t e e$ised -enal Code
prior to its amendment y t e ep' lic Act =o. 6 6% (An Act -'nis in t e Crime of Co'p DFetat) # ic
ecame effecti$e on >cto er 1 *. -rior to its amendment y ep' lic Act =o. 6 6% Article 135 p'nis ed t
ose # o # ile oldin any p' lic office or employment taHe part t ereinG y any of t ese acts en a in in
#ar a ainst t e forces of Jo$ernment; destroyin property; committin serio's $iolence; e actin contri
'tions di$ertin f'nds for t e la#f'l p'rpose for # ic t ey a$e een appropriated.
ince a i er penalty is prescri ed for t e crime of re ellion # en any of t e specified acts are
committed in f'rt erance t ereof said acts are p'nis ed as components of re ellion and t erefore are
not to e treated as distinct crimes. T e same acts constit'te distinct crimes # en committed on a
different occasion and not in f'rt erance of re ellion. "n s ort it #as eca'se Article 135 t en p'nis ed
said acts as components of t e crime of re ellion t at precl'des t e application of Article 4% of t e
e$ised -enal Code t ereto. "n t e eyes of t e la# t en said acts constit'te only one crime and t at is re
ellion. T e 0ernandeI doctrine #as reaffirmed in Enrile
2-
$. alaIar eca'se t e te t of Articl e 135 as remained t e same as it #as # en t e 'preme Co'rt resol$ed
t e same iss' e in t e -eople $. 0ernandeI. o t e 'preme Co'rt in$ited attention to t is fact and t 's
stated
There is a an apparent need to restructure the law on re'ellion& either to raise the penalty therefore or to
clearly define and delimit the other offenses to 'e considered a'sor'ed there'y& so that it cannot 'e
conveniently utili(ed as the um'rella for every sort of illegal activity underta/en in its name$ The court has
no power to effect such change& for it can only interpret the law as it stands at any given time& and what
is needed lies 'eyond interpretation$ 9opefully& Congress will perceive the need for promptly sei(ing the
initiative in this matter& which is purely within its province$
> $io'sly Con ress tooH notice of t is prono'ncement and t 's in enactin ep' lic Act =o. 6 6% it did not
only pro$ide for t e crime of co'p dFetat in t e e$ised -enal Code 't moreo$er
deleted from the provision of Article 521 that portion referring to those ;
Dwho& while holding any pu'lic office or employment ta/es part therein re'ellion or insurrectionF&
engaging in war against the forces of government& destroying property or committing serious violence&
exacting contri'u tions or diverting pu'lic funds from the lawful purpose for which they have 'een
appropriated D
+ence/ overt acts which used to 'e punished as components of the crime of re'ellion have 'een severed
therefrom 'y "epu'lic Act No$ G H$ The legal impediment to the application of Article 8H to re'ellion has
'een removed$ After the amendment& common crimes invo lving /illings& and or destructions of property&
even though committed 'y re'els in furtherance of re'ellion& shall 'ring a'out complex crimes of re'ellion with
murder homicide& or re'ellion with ro''ery& or re'ellion with arson as the case may 'e$
To reiterate efore Article 135 #as amended a i er penalty is imposed # en t e offender en a es in

#ar a ainst t e o$ernment. N:arN connotes anyt in # ic may e carried o't in p'rs'ance of #ar. T is
implies t at all acts of #ar or ostilities liHe seri o's $iolence and
destr'ction of property committed on occasion and in p'rs'ance of re ellion are component
crimes of re ellion # ic is # y Article 4% on comple crimes is inapplica le. In amending Article521& the
acts which used to 'e component crimes of re'ellion& li/e serious acts of violence& have 'een deleted$
These are now distinct crimes$ The legal o'stacle for the application of Article 8H& therefore& has 'een
removed$ >rte a says le islators #ant to p'nis t ese common crimes independently of re ellion.
Ortega cites no case overturning "nrile v. %alazar.
23 0o#e$er ille al possession of firearms in f'rt erance of re ellion is distinct from t e

crime of re ellion.
T e offense of ille al possession of firearm is a mal'm pro i it'm in # ic case ood fait and a sence of
criminal intent are not $alid defenses.
23 +'rt ermore it is a contin'in crime s'c alon #it t e crime of conspiracy or proposal
to commit s'c
24 A private crime may 'e committed during re'ellion. E amples Hillin possessions of
firearms ille al association are a sor ed. ape e$en if not in f'rt erance of re ellion
cannot e comple ed
25 "f Hillin ro in #ere done for pri$ate p'rposes or for profit #it o't any political
moti$ation t e crime #o'ld e separately e p'nis ed and #o'ld not e em raced y re
ellion 6'eople v. &ernando7
26 -erson deemed leader of re'ellionin case e is 'nHno#n
23 directed t e ot ers
. spoHe for t em
23 si ned receipts and ot er doc'ments iss'ed in t eir name
24 performed similar acts on e alf of t e re els
7istinctions -etween re-ellion an/ se/ition
23 As to nature
3
In re'ellion& t ere m'st e taHin 'p or arms a ainst t e o$ernment.
In sedition it is s'fficient t at t e p' lic 'prisin e t'm'lt'o's.
6+7 As to purpose
In re'ellion& t e p'rpose is al#ays political.
In sedition t e p'rpose may e political or social. E ample t e 'prisin of s@'atters a ainst +or
es parH residents. T e p'rpose in sedition is to o a ainst esta lis ed o$ernment not to o$ert ro# it.
Article !:"=A
COU( 79 ETAT
23 ELEMENTS#
23 wift attac%
24 Accompanied b! violence, intimidation, threat, strateg! or stealth
25 <irected against7
0 d#l! constit#ted a#thorities
1 an! militar! camp or installation
'. comm#nication networ%s or p#blic #tilities
23 other facilities needed for the e"ercise and contin#ed possession of

power d. ingl! or sim#ltaneo#sl! carried o#t an!where in the Philippines
23 3ommitted b! an! person or persons belonging to the militar! or police or holding an!
p#blic office or emplo!ment( with or witho#t civilian s#pport or participation
24 ith or witho#t civilian s#pport or participation
25 P#rpose of sei*ing or diminishing state power
T e essence of the crime is a s#ift attacH 'pon t e facilities of t e - ilippine o$ernment military camps
and installations comm'nication net#orHs p' lic 'tilities and facilities essential to t e contin'ed
possession of o$ernmental po#ers$ It may 'e committed singly or collectively and does not re*uire a
multitude of people$
23 The o'4ective may not 'e to overthrow the government 'ut only to desta'ili(e or paraly(e the
government through the sei(ure of facilities and utilities essential to the continued possession
and exercise of governmental powers . It re*uires as principal offender a mem'er of the A<) or of the )
N) organi(ation or a pu'lic officer with or without civilian support$ +inally it may 'e carried out not only
'y force or violence 'ut also through stealth& threat or strategy$
How do you distinguish between coup d’etat and rebellion?
&ebellion is committed by any person whether a private individual or a public officer

whereas in coup d'etat, the offender is a member of the military or police force or holding a
public office or employment.
In rebellion, the object is to alienate the allegiance of a people in a territory, whether

wholly or partially, from the duly constituted government# in coup d'etat, the object or
purpose is to sei)e or diminish state power.
In both instances, the offenders intend to substitute themselves in place of those

who are in power.
31
Treason <!!"@ Re-ellion <!:"@ Cou, /9etat Se/ition <!:4@

<!:"=A@
Nature Crime a ainst Crime a ainst Crime Crime a ainst
of Crime =ational ec'rity -' lic >rder a ainst -' lic >rder
-' lic >rder
Overt le$yin #ar -' lic 'prisin ee article. isin p' licly or
Acts a ainst t e o$Ft; A=D t'm'lt'o'sly
> TaHin 'p arms (ca'sed y more
ad erence and a ainst t e o$Ft t an 3 armed men
i$inaid or or pro$ided #it
comfort to means of $iolence)
enemies
'urpose Deli$er t e o$Ft ee article. eiIinor ee en'meration in
of to enemy d'rin diminis in article.
o!-ectiv #ar state po#er.
e
Article !:'
(ENALTIES
23 Who are lia!le8

a$ Any person who:
23 -romotes
24 Maintains
25 eads a re ellion or ins'rrection
'$ Any person who& while holding any pu'lic office or employment& ta/es part therein
23 en a in in #ar a ainst t e forces of t e o$Ft
24 destroyin property or committin serio's $iolence
25 e actin contri 'tions or di$ertin p' lic f'nds from t e la#f'l p'rpose for
# ic t ey a$e een appropriated
c$ Any person merely participating or executing the command of other in a re'ellion
When conspiracy is present in the commission of the crime, the act of one is the act of
all. In committing rebellion and coup d=etat, even if conspiracy as a means to commit
the crime is established, the principal of criminal liability under rticle !> of the 3evised
0enal 4ode is not followed.
)n overnment %ervice Not in overnment %ervice
Anyone # o leads directs commands ot ers Anyone # o participates or in an manner
to 'ndertaHe a co'p. s'pports finances a ets aids in a co'p.
23 erio's $iolence is t at inflicted 'pon ci$ilians # ic may res'lt in omicide. "t is not
limited to ostilities a ainst t e armed force.
24 Di$ertin p' lic f'nds is mal$ersation a sor ed in re ellion
NOTES#
23 -' lic officer m'st taHe acti $e part eca'se mere silence or omission not p'nis a
le in re ellion
. "t is not a defense in re ellion t at t e acc'sed ne$er tooH t e oat of alle iance to
or t at t ey ne$er reco niIed t e o$ernment
23 e ellion cannot e comple ed #it m'rder and ot er common crimes committed in

p'rs'ance of t e mo$ement to o$ert ro# t e o$ernment
32
*ubversion, just like the crimes of rebellion, conspiracy or proposal to commit the
crimes of rebellion or subversion and crimes or offenses committed in furtherance
thereof constitute direct assaults against the *tate and are in the nature of continuing
crimes & >mil vs. 0amos).
0 illin ro in etc for pri$ate persons or for profit #it o't any political moti$ation #o'ld
e separately p'nis ed and #o'ld not e a sor ed in t e re ellion.
Article !:)
CONS(IRACY TO COMMIT COU( 79 ETAT. REBELLION OR INSURRECTION
0 ELEMENTS#
0 2 more persons com e to an agreement to rise p#blicl! and ta%e ar ms against the
government
1 +or an! of the p#rposes of rebellion
2 The! decide to commit it
(RO(OSAL TO COMMIT COU( 79 ETAT. REBELLION OR INSURRECTION <!:)@
0 ELEMENTS#
0 A person who has decided to rise p#blicl! and ta%e arms the government
1 +or an! of the p#rposes of rebellion
2 Proposes its e"ec#tion to some other person$s
1 >r aniIin a ro'p of soldiers solicitin mem ers ip in and solicitin f'nds for t e or
aniIation s o# conspiracy to o$ert ro# t e o$Ft
2 T e mere fact of i$ in and renderin speec es fa$orin Comm'nism #o'ld not maHe t
e acc'sed 'ilty of conspiracy if t ereFs no e$idence t at t e earers t en and t ere a
reed to rise 'p in arms a ainst t e o$Ft
3 Conspiracy m'st e immediately prior to re ellion
4 "f it is d'rin t e re ellion t en it is already taHin part in it.
Article !:+
7ISLOYALTY O* (UBLIC O**ICERS AN7 EM(LOYEES
0 ACTS (UNIS8E7#
0 +ailing to resist rebellion b! all the means in their power
1 3ontin#ing to discharge the d#ties of their offices #nder the control of rebels
2 Accepting appointment to office #nder rebels
1 -res'pposes e istence of re ellion
2 M'st not e in conspiracy #it re els or co'p plotters

33
0 "f t ere are means to pre$ent t e re ellion 't did not resist it t en t ereFs disloyalty. "f
t ere are no means no fa'lt
1 "f position is accepted in order to protect t e people not co$ered y t is
2 T e colla orator m'st not a$e tried to impose t e #is es of t e re els on t e

people.
"isloyalty as a crime is not limited to rebellion alone but should now include
the crime of coup d'etat. &ebellion is essentially a crime committed by private individuals while coup d'etat is a crime
that should be classified as a
crime committed by public officers like malversation, bribery, dereliction of duty and
violations of the anti+;raft and 4orrupt 0ractices ct.
If the public officer or employee, aside from being disloyal, does or commits acts
constituting the crime of rebell ion or coup d'etat, he will no longer be charged for the
simple crime of disloyalty but he shall be proceeded against for the grave offense of
rebellion or coup d'etat.
Article !:2
INCITING TO REBELLION OR INSURRECTION
0 ELEMENTS#
0 That the offender does not ta%e arms or is not in open hostilit! against the government
1 That he incites others to the e"ec#tion of an! of the acts of rebellion

2 That the inciting is done b! means of speeches, proclamations, writings, emblems,
banners or other representations tending to the same end
1 "ntentionally calc'lated to sed'ce ot ers to re ellion
2 T ere m'st e 'prisin to taHe 'p arms and rise p' licly for t e p'rposes indicated in Art
134
?ne who promotes, maintains or heads a rebellion and who act at the same time
incites or influences others to join him in his war efforts against the duly constituted
government cannot be held criminally liable for the crime of inciting to rebellion
because, as the principal to the crime of rebellion, the act of inciting to commit a
rebellion is inherent to the graver crime of rebellion.
(ro,osal to Commit Re-ellion <!:)@ Inciting to Re-ellion <!:2@
T e person # o proposes as decided to commit re ellion. =ot re@'ired t at t e offender as decided to commit re ellion.
T e person # o proposes t e e ec'tion of t T e incitin is done p' licly.

e crime 'ses secret means.
Article !:4
SE7ITION
0 ELEMENTS#
a. That the offenders rise –
0.0.0 P#blicl! &if no pu'lic uprising tumult and other distur'ance of pu'lic order)
0.0.1 T#m#lt#o#sl! & vis3J3vis re'ellion where there must 'e a ta/ing of arms )
34
0 That the! emplo! force, intimidation, or other means o#tside of legal methods
1 That the offenders emplo! an! of those means to attain an! of the following ob/ects7
0 to prevent the prom#lgation or e"ec#tion of an! law or the holding of an!

pop#lar election
1 to prevent the national government, or an! provincial or m#nicipal government,

or an! p#blic thereof from freel! e"ercising its or his f#nctions, or prevent the
e"ec#tion of an! administrative order
0 to inflict an! act or hat e or reven ge #pon th e person or propert! of an! p#b lic
officer or emplo!ee
0 to commit for an! political or social end, an! act of hate or revenge against
private persons or an! social class & hence& even private persons may 'e offended
parties)
. to despoil, for an! political or social end, an! person, m#nicipalit! or province, or
the national government of all its propert! or an! part thereof
5888 Se/ition# raisin of commotion or dist'r ances in t e tate. "ts 'ltimat e o /ect is
a $iolation of t e p' lic peace or at least s'c meas'res t at e$idently en enders it.
• The crime of sedition is committed by rising publicly and tumultuously.

The two elements must concur.
•
The crime of sedition does not contemplate the ta/ing up of arms against the government 'ecause the purpose of this
crime is not the overthrow of the government$ =otice from t e
p'rpose of t e crime of sedition t at t e offenders rise p' licly and create commotion and dist'r
ance y #ay of protest to e press t eir dissent and o edience to t e o$ernment or to t e a't orities
concerned. T is is liHe t e so called civil diso'edience except that the means
employed& which is violence& is illegal$
0 9ifference from re!ellionB o /ect or p'rpose of t e 'prisin .
<or sedition B s'fficient t at 'prisin is t'm'lt'o 's. In re'ellion B t ere m'st e taHin 'p of arms
a ainst t e o$ernment.
.edition B p'rpose may e eit er political or social. In re'ellion B al#ays political
8Tumultuous9 is a situation wherein the disturbance or confusion is caused by at least

four persons. There is no re5uirement that the offenders should be armed.
0 -re$entin p' lic officers from freely e ercisin t eir f'nctions
1 In sedition B offender may e a pri$ate or p' lic person (E . oldier)
2 -' lic 'prisin and t e o /ect of sedition m'st conc'r
3 ;# Are common crimes a sor ed in sedition<
"n ) v$ mali C eld t at =>. Crimes committed in t at case #ere independent of eac ot er.
0 -re$entin election t ro' le al means B =>T sedition
1 ?'t # en s' ar farmers demonstrated and destroyed t e properties of s' ar arons B

sedition
35
5888 'ersons lia!le for

sedition: a. leader of t e
sedition and
. ot er persons participatin in t e sedition
The objective of the law in criminali)ing sedition is to put a limit to the freedom of
expression or the right of the people to assemble and petition the government for
redress of grievance.
0 The demonstrations conducted or held by the citi)enry to protest certain
policies of the government is not a crime. &ut when the protest in manifested in the
form of rallies where the participants, in order to attain their objective of
overcoming the will of the government, resort to force or violence, the mantle of
protection guaranteed under the 4onstitution to express their dissent peacefully,
shall cease to exist, as in the meantime, the participants have encroached or
stayed in the domain or realm of criminal law.
Article !"!&
Cons,iracy to Commit Se/ition
"n t is crime t ere m'st e an a reement and a decision to rise p' licly and t'm'lt'o'sly to attain any
of t e o /ects of sedition.
There is no ,ro,osal to commit se/ition&
The conspiracy must be to prevent the promulgation or execution of any law or the
holding of any popular election. It may also be a conspiracy to prevent
national and local public officials from freely exercising their duties and functions, or
to prevent the execution of an administrative order.
Article !"5
INCITING TO SE7ITION
0ELEMENTS#
0.0 That the offender does not ta%e a direct part in the crime of sedition
0.1 That he incites others to the accomplishment of an! of the acts whic h constit#te
sedition &1'4)
0.2 That the inciting is done b! 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 distur'ance not necessary)
17i erent acts o inciting to se/ition#

1.0 "ncitin ot ers to t e accomplis ment of any of t e acts # ic constit'te sedition y
means of speec es proclamations #ritin s em lems etc.
. 8tterin seditio's #ords or speec es # ic tend to dist' r t e p' lic pea ce or #ritin p'
lis in or circ'latin sc'rrilo's O$'l ar mean li elo'sP li els a ainst t e o$ernment or
any of t e d'ly constit'ted a't orities t ereof # ic tend to dist'r t e p' lic peace
0 no#in ly concealin s'c e$il practices
1 When punisha!le:
0 # en t ey tend to dist'r or o str'ct any la#f'l officer in e ec'tin t e f'nctions of is
office; or
36
. # en t ey tend to insti ate ot e rs to ca al and meet to et er for 'nla#f'l p'rposes;

or
0 # en t ey s' est or incite re ellio's conspiracies or riots; or
1 # en t ey lead or ten d to stir 'p t e peop le a ainst t e la#f'l a't orities or to dist'r
t e peace of t e comm'nity t e safety and order of t e o$ernment
Only non3participant in sedition may 'e lia'le.
Inciting to sedition is an element of sedition. It cannot be treated as a

separate offense against one who is a part of a group that rose up publicly and
tumultuously and fought the forces of government.
Considerin t at t e o /ecti$e of sedition is to e press protest a ainst t e o$ernment and in t e process

creatin ate a ainst p' lic officers any act that will generate hatred against the government or a pu'lic
officer concerned or a social class may amount to Inciting to sedition$
Article 142 is t erefore @'ite road.
T e mere meetin for t e p'rpose of disc'ssin atred a ainst t e o$ernment is incitin to sedition. 7am
astin o$ernment officials to discredit t e o$ernment is "ncitin to sedition. But if the o'4ective of such
preparatory actions is the overthrow of the government& the crime is inciting to re'ellion$
CRIMES AGAINST (O(ULAR RE(RESENTATION
Article !":
ACTS TEN7ING TO (RE3ENT T8E MEETING O* CONGRESS AN7 SIMILAR
BO7IES
Ȁ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ0 ELEMENTS#
5888 That there be a pro/ected or act# al meeting of 3ongress or an! of its com
mittees or s#bcommittees, constit#tional commissions or committees or division
thereof, or of an! provincial board or cit! or m#nicipal co#ncil or board
5889 That the offender who ma! be an! persons prevents s#ch meeting b! force or fra#d
The crime is against popular representation because it is directed against officers

whose primary function is to meet and enact laws. When these legislative bodies are
prevented from meeting and performing their duties, the system of government is
disturbed. The three branches of government must continue to exist and perform their
duties.
0 C ief of -olice and mayor # o pre$ented t e meetin of t e m'nicipal co'ncil are lia le
'nder Art 143 # en t e defect of t e meetin is not manifest and re@'ires an in$esti
ation efore its e istence can e determined.
Article !""
7ISTURBANCE O* (ROCEE7INGS
0 ELEMENTS#
0 That there be a meeting of 3ongress or an! of its committees, constit#tional
commissions or committees or divisions thereof, or of an! provincial board or cit!
or m#nicipal co#ncil or board
1 That the offender does an! of the following
acts 1. 9e dist#rbs an! of s#ch meetings

3%
2. 9e behaves while in the pre sence of an! s#c h bodies in s#ch a manner as to
interr#pt its proceedings or to impair the respect d#e it
The disturbance can be in the form of utterances, speeches or any form of expressing
dissent which is not done peacefully but implemented in such a way that it
substantially interrupts the meeting of the assembly or adversely affects the respect
due to the assembly of its members.
0 Complaint m'st e filed y mem er of t e 7e islati$e ody. Acc'sed may also e p'nis
ed for contempt.
Article !"'
3IOLATION O* (ARLIAMENTARY IMMUNITY
0 Acts ,unisha-le#
0 1y using force/ intimidation/ threats/ or frauds to prevent any mem!er of Congress
from
0 attending the meeting of the assem!ly or any of its committees/ constitutional

commissions or committees or divisions thereof/ or from
0 e5pressing his opinions or
0 casting his vote
1 1y arresting or searching any mem!er thereof while Congress is in a regular or special

session/ e5cept in case such mem!er has committed a
crime punisha!le under the code !y a penalty higher than prision mayor 6 ; years up
7
Elements#
1 That he arrests or searches an! member of 3ongress
1 That 3ongress, at the time of arrest or search, is in a reg#lar or special session
0 That the member searched has not committed a crime p#nishable #nder the
code b! a penalt! higher than prision ma!or & 5GHK constitution: privilege from
arrest while congress in session in all offenses punisha'le 'y not more than years
imprisonment).
8nder ection 11 Article &" of t e Constit'tion a p' lic officer # o arres ts a mem er of Con ress # o as
committed a crime p'nis a le y prision mayor (si years and one day to 12
years) is not lia le Article 145.

Accordin to eyes to e consistent #it t e Constit'tion t e p rase N y a penalty i er t an prision mayorN
in Article 145 s o'ld e amended to read N y t e penalty of prisio n mayor or i er.N
The offender is any person and the offended party who is a member of 4ongress, has
not committed any crime to justify the use of force, threat, intimidation or fraud to
prevent him from attending the meeting of 4ongress.
ILLEGAL ASSEMBLIES AN7 ASSOCIATIONS
Article !")
ILLEGAL ASSEMBLIES
3&
0 Two <5@ Ty,es o illegal assem-lies#
a. $eeting of the first form
0 Meetin at erin or ro'p of persons # et er in a fi ed place or mo$in
1 purpose : to commit any of crimes p'nis a le 'nder t e code
2 meetin attended y armed persons
. $eeting of the second form
0.0.0 Meetin at erin or ro'p of persons # et er in a fi ed place or mo$in
0.0.1 A'dience # et er armed or not is inci ted to t e com mission of t e cri me

of treason re ellion or ins'rrection sedition or direct assa'lt.
1 =ot all t e persons present at t e meetin of t e first form of ille al assem ly m'st e
armed
2 'ersons lia!le for illegal assem!ly

a. t e or aniIers or leaders of t e meetin
. persons merely present at t e meetin (e cept # en presence is o't of c'riosity B

not lia le)
0 (esponsi!ility of persons merely present at the meeting
0 if t ey are not armed penalty is arresto mayor
b. if t ey carry arms liHe olos or Hni$es or licensed firearms penalty is prision

correccional
0 'resumptions if person present at the meeting carries an unlicensed firearm:
a. p'rpose of t e meetin is to commit acts p'nis a le 'nder t e -C .
considered as leader or or aniIer of t e meetin
Those who incite the audience, by means of speeches, printed matters, and other
representation, to commit treason, rebellion or insurrection, sedition or assault a
person in authority, shall be deemed leaders or organi)ers of said meeting.
23 The gravamen of the offense is mere assem'ly of or gathering of people for illegal purpose
punisha'le 'y the "evised )enal Code$ :it o't at erin t ere is no ille al assem ly. "f 'nla#f'l p'rpose is a
crime 'nder a special la# t ere is no ille al assem ly. <or example t e at erin of dr' p's ers to
facilitate dr' trafficHin is not ille al assem ly eca'se t e p'rpose is not $iolati$e of t e e$ised -enal
Code 't of T e Dan ero's Dr' s Act of 1 !2 as amended # ic is a special la#.
Two forms of illegal assem!ly
23 No attendance of armed men& 'ut persons in the meeting are incited to commit treason& re'ellion
or insurrection& sedition or assault upon a person in authority . : en t e ille al p'rpose of t e at
erin is to incite people to commit t e crimes mentioned a o$e t e presence of armed men is
'nnecessary. T e mere at erin for t e p'rpose is s'fficient to rin a o't t e crime already.
24 Armed men attending the gathering B "f t e ille al p'rpose is ot er t an t ose mentioned a o$e t
e presence of armed men d'rin t e at erin rin s a o't t e crime of ille al assem ly.
3-
E ample -ersons conspirin to ro a anH #ere arrested. ome #ere #it firearms.
7ia le for ille al assem ly not for conspiracy 't for at erin #it armed men.
9istinction !etween illegal assem!ly and illegal association
In illegal assem'ly t e asis of lia ility is t e at erin for an ille al p'rpose # ic constit'tes a crime 'nder t e
e$ised -enal Code.
In illegal association t e asis is t e formation of or or aniIation of an association to en a e in an 'nla#f'l

p'rpose # ic is not limited to a $iolation of t e e$ised -enal Code. "t incl'des a $iolation of a special
la# or t ose a ainst p' lic morals. Meanin of p' lic morals inimical to
p' lic #elfare; it as not in to do #it decency. not acts of o scenity.
Article !"+
ILLEGAL ASSOCIATIONS
23 ELEMENTS#
23 -rgani*ed totall! or partiall! for the p#rpose of committing an! of the crimes in 0P3
-r
24 +or some p#rpose contrar! to p#blic morals
24 (ersons lia-le#
23 fo'nders directors and president of t e association
. mere mem ers of t e association
IllegalAssem-ly<!")@ IllegalAssociation<!"+@
M'st e an act'al meetin of armed =o need for s'c
persons to commit any of t e crimes
p'nis a le 'nder t e -C or of indi$id'als
# o alt o' not armed are incited to t e
commission of treason re ellion sedition
or assa'lt 'pon a person in a't ority of is
a ent.
"t is t e meetin and t e attendance at s'c Act of formin or or aniIin and
t at are p'nis ed mem ers ip in t e association
-ersons lia le leaders and t ose present +o'nders directors president and
mem ers
Public morals refers to crimes punished under Title *ix of the 3evised 0enal 4ode, namely,
gambling, grave scandal, prostitution and vagrancy.
ASSAULT. RESISTANCE AN7 7ISOBE7IENCE
Article !"2
7IRECT ASSAULT
23 ELEMENTS O* T8E !ST *ORM O* 7IRECT ASSAULT

0 That the offender emplo!s force or intimidation.
1 That the aim of the offender is to attain an! of the p#rposes of the crime of rebellion
or an! of the ob/ects of the crimes of sedition. & victim need not 'e person in authority)
2 That there is no p#blic #prising.
Example of the first form of direct assault:
T ree men roHe into a =ational +ood A't ority #are o'se and lamented s'fferin s of t e people. T ey
called on peopl e to elp t emsel$es to all t e rice . T ey did not e$en el p t emsel$es to a sin le
rain.
4
.o& if an offender who is charged with direct
The crime committed was direct assault$ There was no ro''ery for there was no intent to gain$ The crime
is direct assault 'y committing acts of sedition under Article 52G 617& that is& spoiling of the property& for
any political or social end& of any person municipality or province or the national government of all or any
its property& 'ut there is no pu'lic uprising$
23 ELEMENTS O* T8E 5N7 *ORM O* 7IRECT ASSAULT#

0 That the offender &a) ma%es an attac%, &b) emplo!s force, &c) ma%es a serio#s
intimidation, or &d) ma%es a serio#s resistance.
1 That the person assa#lted is a person in a#thorit! or his agent.
2 That at the time of the assa#lt the person in a#thorit! or his agent &a) is engaged in the
act#al performance of official d#ties & motive is not essential), or that he is assa#lted &b) b!
reason of the past performance of official d#ties & motive is essential).
3 That the offender %nows that the one he is assa#lting is a person in a#thorit ! or
his agent in the e"ercise of his d#ties & with intention to offend& in4ure or assault).
4 That there is no p#blic #prising.
4rime of direct assault can only be committed by means of dolo. It cannot be

committed by culpa.
23 Always complexed with the material conse*uence of the act (e. . direct assa'lt #it
m'rder) except if resulting in a light felony in # ic case t e conse@'ence is a sor ed
T e crime is not ased on t e material conse@'ence of t e 'nla#f'l act $ The crime of direct assault
punishes the spirit of lawlessness and the contempt or hatred for the authority or the rule of law$
To e specific if a /'d e #as Hilled # ile e #as oldin a session t e Hillin is not t e direct assa'lt 't m'rder.
There could 'e direct assault if the offender /illed the 4udge simply 'ecause the 4udge is so strict in the
fulfillment of his duty$ "t is t e spirit of ate # ic is t e essence of direct assa'lt.
.o& where the spirit is present& it is always complexed with the material conse*uence of the unlawful act .
"f t e 'nla#f'l act #as m'rder or omi cide committed 'nder circ'mstance of la#lessness or contempt of
a't ority t e crime #o'ld e direct assa'lt #it m'rder or omicide as t e case may e. "n t e e ample of t
e /'d e # o #as Hilled t e crime is direct assa'lt #it m'rder or omicide.
The only time when it is not complexed is when material conse*uence is a light felony& that is& slight physical in4ury . Direct
assa'lt a sor s t e li ter felony; t e crime of direct assa'lt can not e separated from t e material res'lt of t e act.
assault and in another court for the slight physical In4ury which is part of the act& ac*uittal or conviction in one is a
'ar to the prosecution in the other$
23 0ittin t e policeman on t e c est #it fist is not direct assa'lt eca'se if done
a ainst an a ent of a person in a't ority t e force employed m'st e of serio's c
aracter
24 T e force employed need not e serio's # en t e offended party is a person in a't

ority (e . 7ayin of ands)
25 T e intimidation or resistance m'st e serio's # et er t e offended party is an a ent

only or a person in a't ority (e . -ointin a 'n)
*orceEm,loye/ Intimi/ation Resistance

Person in A#thorit! =eednot eserio's erio's
41
Agent M'st e of serio's c aracter erio's
23 (erson in authority# any person directly $ested #it /'risdiction (po#er or a't ority
to o$ern and e ec'te t e la#s) # et er as an indi$id'al or as a mem er of some co'rt
or o$ernmental corporation oard or commission
24 A aran ay captain is a person in a't ority so is a Di$ision 'perintendent of sc ools

-resident of anitary Di$ision and a teac er
"n applyin t e pro$isions of Articles 14% and 151 & teachers& professors& and persons charged
with the supervision of pu'lic or duly recogni(ed private schools& colleges and universities and lawyers in the actual performance of their
duties or on the occasion of such performance& shall 'e
deemed a person in authority$
23 Agent# is one # o y direct pro$ision of la# or y election or y appointment y

competent a't ority is c ar ed #it t e maintenance of p' lic order and t e protection
and sec'rity of life and property. ( Example$ ?arrio co'ncilman and any person # o
comes to t e aid of t e person in a't ority policeman m'nicipal treas'rer postmaster s
eriff a ents of t e ?" MalacaQan confidential a ent)
24 E$en # en t e person in a't ority or t e a ent a rees to fi t still direct assa'lt.
25 : en t e person in a't ority or t e a ent pro$oHedLattacHed first innocent party is

entitled to defend imself and cannot e eld lia le for assa'lt or resistanc e nor for p
ysical in/'ries eca'se e acts in le itimate self defense
The offended party in assault must not be the aggressor. If there is unlawful
aggressionbeinthenatureemplofyedforceby againstthepublichimoffwillcer,be anyconsideredformof

asresistanactnceofwhichlegitimatemay defense. &People vs. 9ernande*, = Phil. '4')
0 T ere can e no assa'lt 'pon or diso edience to one a't ority y anot er # en t ey ot
contend t at t ey #ere in t e e ercise of t eir respecti$e d'ties.
The offender and the offended party are both public officers. The *upreme 4ourt said
that assault may still be committed, as in fact the offender is even subjected to a
greater penalty &>. . vs. ?alle/o, 11 Phil. 1=').
0 : en assa'lt is made y reason of t e performance of is d'ty t ere is no need for act'al

performance of is official d'ty # en attacHed
In direct assault of the first form& t e stat're of t e offended person is immaterial $ The crime is
manifested 'y the spirit of lawlessness$
In the second form& yo' a$e to distin 'is a sit'ation # ere a person in a't ority or is a ent
#as attacHed # ile performin official f'nctions from a sit'ation # en e is not performin s'c f'nctions $
0 If attac/ was done during the exercise of official functions& the crime is always direct assault$
"t is eno' t at t e offender Hne# t at t e person in a't ority #as performin an official f'nction #
ate$er may e t e reason for t e attacH alt o' # at may a$e appened #as a p'rely pri$ate affair.
>n t e ot er and if the person in authorit y or the agent was /illed when no longer perform ing official
functions& the crime may simply 'e the material conse*uence of he unlawful act: murder or homicide$ +or
t e crime to e direct assa'lt t e attacH m'st e y reason of is official f'nction in t e past. Moti$e
ecomes important in t is respect. Example& if a 4udge was /illed while resisting the ta/ing of his watch&
there is no direct assault$
"n t e second form of direct assa'lt it is also important that the offended /new that the person he is
attac/ing is a person in authority or an agent of a person in authority& performing his official functions$ =o
Hno#led e no la#lessness or contempt $
42
<or example& if t#o persons #ere @'arrelin and a policeman in ci$ilian clot es comes and stops t
em 't one of t e prota onists sta s t e policeman t ere #o'ld e no direct assa'lt 'nless t e offender
Hne# t at e is a policeman.
"n t is respect it is eno' t at t e offender s o'ld Hno# t at t e offended party #as e ercisin some form
of a't ority. It is not necessary that the offender /nows what is meant 'y person in authority or an agent of
one 'ecause ignorantia legis non excusat$
23 Circumstances $uali ying the o ense <;uali ie/ Assault@# a. #

en t e assa'lt is committed #it a #eapon
. # en t e offender is a p' lic officer or employee

c. # en t e offender lays and 'pon a person in a't ority
23 Comple crime of direct assa'lt #it omicide or m'rder or #it serio's p ysical in/'ries.
If the crime of direct assault is committed with the use of force and it resulted in the
infliction of slight physical injuries, the latter shall not be considered as a separate
offense. It shall be absorbed by the greater crime of direct assault.
&People vs. Acierto, Phil. 814)
0 Direct assa'lt cannot e committed d'rin re ellion.
6a! direct assa#lt be committed #pon a private individ#al@ Yes. When a private person
comes to the aid of a person in authority, and he is likewise assaulted. 'nder
Republic Act No. 19 !"
0 a private person who comes to the aid of a person in authority is by fiction of law deemed or is
considered an agent of a person in authority.
Article !"4
IN7IRECT ASSAULT
23 ELEMENTS#
23 That a person in a#t horit! or his age nt is the vic tim of an! of the fo rms of direct
assa#lt defined in A0T. 145.
24 That a person comes to the aid of s#ch a#thorit! or his agent.
25 That the offender ma%es #se of force or intimidation #pon s#ch person coming to
the aid of the a#thorit! or his agent.
24 Indirect assault can be committed only when a direct assault is also committed
• To !e indirect assault/ the person who should !e aided is the agent (not t e
person in a't ority eca'se it is already direct assa'lt t e person comin to t e aid of t e
person in a't ority ein considered as an a ent and an attacH on t e latter is already
direct assa'lt). E ample. Aidin a policeman 'nder attacH.
The victim in indirect assault should 'e a private person who comes in aid of an agent of a person in
authority$ T e assa'lt is 'pon a person # o comes in aid of t e a ent of a person in a't ority. T e
$ictim cannot e t e person in a't ority or is a ent.
Ta/e note that under Article 51+& as amended& when any person comes in aid of a person in authority&
said person at that moment is no longer a civilian ; he is constituted as an agent of the person in
authority$ If such person were the one attac/ed& the crime would 'e direct assault
Article !'6
43
7ISOBE7IENCE TO SUMMONS
23 Acts ,unisha-le#
a. refusing without legal e5cuse to o!ey summons
!. refusing to !e sworn or placed under affirmation
23 refusing to answer any legal in*uiry to produce !oo s/ records etc.
24 restraining another from attending as witness in such !ody
25 inducing diso!edience to a summons or refusal to !e sworn
The act punished is refusal, without legal excuse, to obey summons issued by the
(ouse of 3epresentatives or the *enate. If a 4onstitutional 4ommission is created, it
shall enjoy the same privilege.
The exercise by the legislature of its contempt power is a matter of self+ preservation,
independent of the judicial branch. The contempt power of the legislature is inherent
and sui generis.
The power to punish is not e%tended to the local e%ecutive bodies . The reason given is
that local legislative bodies are but a creation of law and therefore, for them to
exercise the power of contempt, there must be an express grant of the same.
Article !'!
RESISTANCE 7ISOBE7IENCE TO A (ERSON IN AUT8ORITY OR T8E AGENT O*
SUC8 (ERSON <,ar& !@
0 ELEMENTS#
0.0 That a person in a#thorit! or his agent is engaged in the performance of official d#t!
or gives a lawf#l order to the offender.
0.1 That the offender resists or serio#sl! disobe!s s#ch person in a#thorit! or his agent.
0.2 That the act of the offender is not incl#ded in the provisions of arts. 145, 14= and 1 ;.
SIM(LE 7ISOBE7IENCE <,ar& 5@
0 ELEMENTS#
0 That an agent of a person in a#thorit! is engaged in the performance of official d#t!
gives a lawf#l order to the offender.
1 That the offender disobe!s s#ch agent of a person in a#thorit!.
2 That s#ch disobedience is not of a serio#s nat#re .
US vs. Ramayrat !! Phil. "#$

The *upreme 4ourt held that2 8the
0 violation does not refer to resistance or disobedience to the legal provisions of the law,
nor to #udicial decisions defining or declaring the rights and obligations of the parties for
the same give reliefs only in the form of civil actions. &ather, the disobedience or
resistance is to the orders directly issued by the authorities in the e%ercise of their
official duties.
7irectAssault<!"2@ Resistantan/7iso-e/iencetoa (erson

44
in Authority or Agents o such (erson

<!'!@
-"A or is a ent m'st e en a ed in t e -"A or is a ent m'st e in t e act'al
performance of official d'ties or t at e is performance of is d'ties.
assa'lted
Direct assa'lt is committed in 4 #ays B Committed y resistin or serio'sly diso eyin
y attacHin employin force and serio'sly a -"A or is a ent.
resistin a -"A or is a ent.
8se of force a ainst an a ent of -"A 8se of force a ainst an a ent of a -"A is not
m'st e serio's and deli erate. so serio's; no manifest intention to defy t e
la# and t e officers enforcin it.
In 'oth resistance against an agent of a person in authority and direct assault 'y resisting an agent of a
person in authority& there is force employed 't t e use of force in resistance is not so serio's as t ere is
no manifest intention to defy t e la# and t e officers enforcin it.
The attac/ or employment of force which gives rise to the crime of direct assault must 'e serious and
deli'erate; ot er#ise e$en a case of simple resistance to an arrest # ic al#ays re@'ires t e 'se of
force of some Hind #o'ld constit'te direct assa'lt and t e lesser offense of resistance or diso edience
in Article 151 #o'ld entirely disappear.
But when the one resisted is a person in authority t e 'se of any Hind or de ree of force #ill i$e
rise to direct assa'lt.
If no force is employed 'y the offender in resisting or diso'eying a person in authority t e crime committed
is resistance or serio's diso edience 'nder t e first para rap of Article 151.
Article !'5
(ERSONS IN AUT8ORITY AGENTS O* (ERSONS IN AUT8ORITY#
0 (ersons in Authority B any person directly $ested #it /'risdic tion # et er as an
indi$id'al or as a mem er of some co'rt or o$ernmental corporation oard or
commission.
1 EFam,les o (ersons in Authority

0?aran ay captain . ?
aran ay c airman
0 M'nicipal mayor
1 -ro$incial fiscal
2 K'stice of t e peace
3M'nicipal co'ncilor .
Teac ers
. -rofessors
0 -ersons c ar ed #it t e s'per$ision of p' lic or d'ly reco niIed pri$ate sc ools colle
es and 'ni$ersities
0 7a#yers in t e act'al performance of t eir professional d'ties or on t e occasion of s'c performance
1 Agent o (erson in Authority B any person # o y direct pro$ision of la# or y

election or y appointment y competent a't ority is c ar ed #it t e maintenance of p'
lic order and t e protection and sec'rity of life and property.
2 EFam,les o agents o (IA

Љ2304 ?arrio
co'ncilman . ?arrio
policeman
c. ?aran ay leader
d$ Any person who comes to the aid of persons in authority
ऀऀĄऀऀĄऀऀĄऀऀሄIऀᤄ
ऀऀऀ༄ऀ
ऀऀ༄ऀऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀᤀ
ऀऀሄ༄ऀ
ऀ ऀऀ
ऀऀ༄ऀऀऀ
ऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀሄ
ऀऀ ऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀሄĀऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀሄĀऀऀĄऀऀĄऀऀĄ
Ā༄ऀ༄ऀ
༄ऀ
ऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀሄĀऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀሄĀऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄ
ऀऀĄऀऀĄऀऀሄĀऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀሄĀऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀሄ
ऀऀᤄऀऀ
Āᤄ ĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀሄĀᤄ ऀऀᤄऀऀ
ĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀሄĀᤄ ऀऀᤄऀऀ
ĄऀऀĄऀऀ
ĄऀऀĄऀऀĄऀऀĄऀऀĄᤀऀऀሄᤀऀऀ ĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀሄĀᤄ
ऀऀ ऀऀᤄऀऀ
Ą .ection 2HH of the
=ocal !ov@t Code pro$ides t at for p'rposes of t e -C t e p'non aran ay san 'nian aran
ay mem ers and mem ers of t e l'pon
45
ta apamayapa in eac aran ay s all e deemed as persons in authority in t

eir /'risdictions # ile ot er aran ay officials and mem ers # o may e desi nated y la#
or ordinance and c ar ed #it t e maintenanc e of p' lic order protect ion and t e
sec'rity of life property or t e maintenance of a desira le and alanced en$ironment
and any aran ay mem er # o comes to t e aid of persons in a't ority s all e deemed
A!ENT of persons in authority$
ऀऀĄऀऀĄᤀऀऀሄᤀऀऀ
IऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀሄĀऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀሄĀऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄༀऀ
ऀऀ ऀऀሄༀऀऀऀ
ऀऀ
ĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄༀऀ ऀऀሄༀऀऀऀ
ऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀሄĀᤄ ऀऀᤄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀሄĀᤄ ऀऀᤄऀऀ
ĄऀऀĄऀऀĄ
ऀऀĄऀऀĄऀऀĄऀऀĄऀऀሄĀऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀሄĀऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄༀऀ ऀऀሄༀऀऀऀ
ऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀ
ĄऀऀĄༀऀ
ऀऀሄༀऀऀऀ
ऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄༀऀ ऀऀሄༀऀऀऀ
ऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄༀऀ ऀऀሄༀऀऀऀ
ऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀĄऀऀሄĀᤄ ऀऀᤄऀऀ
ĄऀऀĄ When the offended party is a person in authority and while being
assaulted, a private individual comes to his rescue, such private individual, by
operation of law, mutates mutandis becomes an agent of a
personassault,inandauthoritynotindirect.ny assssaultlt .commi&utif

ttedhepersonagainsta ssaulteduchpersonisanis agentdirectof a person in authority,
and a private individual comes to his rescue and is himself assaulted while giving
the assistance, as earlier discussed, the crime committed is indirect assault.
CRIMES AGAINST (UBLIC 7ISOR7ERS
Article !':
TUMULTS AN7 OT8ER 7ISTURBANCES O* (UBLIC OR7ER
0 TY(ES#
0 3a#sing an! serio#s dist#rbance in a p#blic place, office or establishment
1 nterr#pting or dist#rbing p#blic performances, f#nctions, gatherings or peacef#l

meetings, if the act is not incl#ded in Art 1'1 and 1'2 & )u'lic Officers interrupting
peaceful meetings or religious worship).

0 6a%ing an! o#tcr! tending to incite rebellion or sedition in an! meeting, association
or p#blic place
1 <ispla!ing placards or emblems which provo%e a dist#rbance of p#blic order in

s#ch place
2 :#r!ing with pomp the bod! of a person who has been legall! e"ec#ted.
1 "f t e act of dist'r in or interr'ptin a meetin or reli io's ceremony is =>T

committed y p' lic officers or if committed y p' lic officers # o are not participants t
erein t is article applies. Art 525 and 52+ punishes the same acts if committed 'y pu'lic
officers who are NOT participants in the meeting
2 T e o'tcry is merely a p' lic disorder if it is an 'nconscio's o't 'rst # ic alt o' re ellio's or
seditio's in nat're is not intentionally calc'lated to ind'ce ot ers to
commit re ellion or sedition ot er#ise its incitin to re ellion or sedition.
3 This article should be distinguished from inciting to rebellion or sedition as
discussed under rticle ! 6 and !/$. In the former, the meeting is legal and
peaceful. It becomes unlawful only because of the outcry made, which tends
to incite rebellion or sedition in the meeting. In the latter case, the meeting is
unlawful from the beginning and the utterances made are deliberately
articulated to incite others to rise publicly and rebel against the government.
What makes it inciting to rebellion or sedition is the act of inciting the
audience to commit rebellion or sedition.
4 Tumultuous B if ca'sed y more t an 3 persons # o are armed or pro$ided #it

means of $iolence (circ'mstance @'alifyin t e dist'r anceLinterr'ption) B t'm'lt'o's in
c aracterG
46
The essence is creating pu'lic disorder$ T is crime is ro' t a o't y creatin serio's dist'r ances in p' lic
places p' lic 'ildin s and e$en in pri$ate places # ere p' lic f'nctions or performances are ein eld.
0 <or a crime to 'e under this article& it must not fall under Articles 525 6prohi'ition& interruption& and
dissolution of peaceful meetings7 and 52+ 6interruption of religious worship7$
"n t e act of maHin o'tcry d'rin speec tendin to incite re ellion or sedition t e sit'ation m'st e distin 'is
ed from incitin to sedition or re ellion.
If the spea/er& even 'efore he delivered his speech& already had the criminal intent to incite
the listeners to rise to sedition& the crime would 'e inciting to sedition$ 0o#e$er if the offender had
no such criminal intent& 'ut in the course of his speech& tempers went high and so the spea/er
started inciting the audience to rise in sedition against the government& the crime is distur'ance of
the pu'lic order$
The distur'ance of the pu'ic order is tumultu ous and the penalty is increas ed if it is 'rought a'out 'y armed
men. T e term armedG does not refer to firearms 't incl'des e$en i stones capa le of ca'sin ra$e
in/'ry.
It is also distur'ance of the pu'lic order if a convict legally put to death is 'uried with pomp. 0e s o'ld not e
made o't as a martyr; it mi t incite ot ers to atred.
The crime of disturbance of public order may be committed in a public or

private place. If committed in a private place, the law is violated only where the
disturbance is made while a public function or performance is going on. Without
a public gathering in a private place, the crime cannot be committed.
Article !'"
UNLA1*UL USE O* MEANS O* (UBLICATION AN7 UNLA1*UL
UTTERANCES
TY(ES#
P#blishing or ca#sing to be p#blished, b! means of printing, lithograph! or an! other
means of p#blication as news an! false news which ma! endanger the p#blic order,
or ca#se damage to the interest or credit of the tate.
nco#raging disobedience to the law or to the constit#ted a#thorities or b! praising,

/#stif!ing or e"tolling an! act p#nished b! law, b! the same means or b! words,
#tterances or speeches
6alicio#sl! p#blishing or ca#sing to be p#blished an! official resol#tion or doc#ment

witho#t proper a#thorit!, or before the! have been p#blished officiall!
Printing, p#blishing or distrib#ting or &ca#sing the same) boo%s, pamphlets,

periodicals or leaflets which do not bear the real printerBs name or which are
classified as anon!mo#s.
The purpose of the law is to punish the spreading of false information which tends to
cause panic, confusion, distrust and divide people in their loyalty to the duly
constituted authorities.
Act'al p' lic disorder or act'al dama e to t e credit of t e tate is not necessary.
Re,u-lic Act No& 5"2 pro i its t e reprintin reprod'ction or rep' lication of o$ernment p' lications and
official doc'ments #it o't pre$io's a't ority
The article also punishes any person who knowingly publishes official acts or
documents which are not officially promulgated.
4%
Article !''
ALARMS AN7 SCAN7ALS
TY(ES#
<ischarging an! firearm, roc%et, firecrac%er, or other e"plosive within an! town or
p#blic place, calc#lated to ca#se alarm or danger
nstigating or ta%ing active part in an! charivari or other disorderl! meeting offensive to
another or pre/#dicial to p#blic tran #ilit!
<ist#rbing the p#bl ic peace while wan dering abo#t at nig ht or whil e engaged in an!
other noct#rnal am#sement
3a#sing an! dist#rbance or scandal in p#blic places while into"icated or other wise,
provided the act is not covered b! Art 1 ' &t#m#lt).
• 8nderstand t e nature of the crime of alarms and scandals as one t at dist'r s p' lic tran@'ility or p'
lic peace. "f t e annoyance is intended for a partic'lar person t e crime is un4ust vexation$
Charivari B mocH serenade or discordant noises made #it Hettles tin orns etc desi ned to
deride ins'lt or annoy
When a person discharges a firearm in pu!lic & t e act may constit'te any of t e possi le crimes 'nder t
e e$ised -enal Code
Alarms and scandals if t e firearm # en disc ar ed #as not directed to any partic'lar person;
6+7 Illegal discharge of firearm under Article +18 if t e firearm is directed or pointed to a partic'lar
person # en disc ar ed 't intent to Hill is a sent;
Attempted homicide& murder& or parricide if t e firearm # en disc ar ed is directed a ainst a person

and intent to Hill is present.
"n t is connection 'nderstand t at it is not necessary t at t e offended party e #o'nded or it.

#ere discharge of firearm towards anothe r with intent to /ill already amounts to attempted homicide or
attempted murder or attempted parricide$ It can not 'e frustra ted 'ecause the offended party is not
mortally wounded$
"n Araneta v. Court of Appeals it #as eld t at if a person is s ot at and is #o'nded t e crime is
a'tomatically attempted omicide. Intent to /ill is inherent in the use of the deadly weapon$
(47 !rave Threats ; "f t e #eapon is not disc ar ed 't merely pointed to anot er
Other =ight Threats B "f dra#n in a @'arrel 't not in self defense
: at o$erns is t e res'lt not t e intent
CRIME NatureoCrime 1hoareLia-le

T'm'lts and ot er Crime a ainst -' lic >rder -ri$ate persons
Dist'r ances (153) o'tsider
Alarms and candals (155) Crime a ainst -' lic >rder -ri$ate persons
o'tsider
Article !')
7ELI3ERING (RISONERS *ROM >AILS
4&
ELEMENTS #
That there is a person confined in a /ail or penal establishment.
That the offender removes therefor s#ch person, or helps the escape of s#ch person &
if the escapee is serving final 4udgement& he is guilty of evasion of sentence).
-ffender is a private individ#al
-risoner may e detention prisoner or one sentenced y $irt'e of a final /'d ment
+en if the prisoner is in the hospital or asylum or any place for detention of prisoner# as long as
he is classified as a prisoner# that is# a formal complaint or information has been filed in court#
and he has been officially categori*ed as a prisoner# this article applies# as such place is
considered e tension of the penal institution.
A policeman assi ned to t e city /ail as 'ard # o # ile off d'ty released a prisoner is lia le
ere
+en if the prisoner returned to the ail after se+eral hours# the one $ho remo+ed him from ail is
liable.
"t may e committed t ro' ne li ence
Circumstances *ualifying the offense B is committed y means of $iolence intimidation or ri

ery.
•
$itigating circumstance B if it taHes place o'tside t e penal esta lis ment y taHin t e 'ards y
s'rprise
correlate t e crime of deli$erin person from /ail #it infidelity in t e c'stody of prisoners p'nis ed 'nder
Articles 223 224 and 225 of t e e$ised -enal Code $ In 'oth acts& the offender may 'e a pu'lic officer or
a private citi(en$
Do not t inH t at infidelity in t e c'stody of prisoners can only e committed y a p' lic officer and
deli$erin persons from /ail can only e committed y pri$ate person. ?ot crimes may e committed
y p' lic officers as #ell as pri$ate persons.
"n ot crimes the person involved may 'e a convict or a mere detention prisoner$
T e only point of distinction et#een t e t#o crimes lies on # et er t e offender is t e c'stodian of t e

prisoner or not at t e time t e prisoner #as made to escape.
If the offender is the custodian at that time t e crime is infidelity in t e c'stody of prisoners.
But if the offender is not the custodian of the prisoner at that time e$en t o' e is a p' lic officer t e
crime e committed is deli$erin prisoners from /ail.
#ia!ility of the prisoner or detainee who escaped B : en t ese crimes are committed
# et er infidelity in t e c'stody of prisoners or deli$erin prisoners from /ail t e prisoner so escapin
may also a$e criminal lia ility and t is is so if t e prisoner is a con$ict ser$in sentence y final /'d
ment. T e crime of evasion of service of sentence is committed 'y the prisoner who escapes if such
prisoner is a convict serving sentence 'y final 4udgment.
If the prisoner who escapes is only a detention prisoner e does not inc'r lia ility from escapin if e does
not Hno# of t e plan to remo$e im from /ail. But if such prisoner /nows of the plot to
remove him from 4ail and cooperates therein 'y escaping& e imself ecomes lia le for deli$erin prisoners
from /ail as a principal y indispensa le cooperation.
If three persons are involved ; a stranger& the custodian and the prisoner ; three crimes are committed
"nfidelity in t e c'stody of prisoners;
Deli$ery of t e prisoner from /ail; and

4-
E$asion of ser$ice of sentence.
#t is possible that se$eral crimes may be committed in one set o%

%acts. 7or instance, assuming that 0edro, the jail warden, agreed with <uan to allow Maria
to escape by not locking the gate of the city jail. 0rovided that <uan comes across with
01,:::.:: pesos as bribe money. The arrangement was not known to Maria but when she
noticed the unlocked gate of the city jail she took advantage of the situation and escaped.
7rom the facts given, there is no 5uestion that 0edro, as the jail warden, is liable for the
crime of infidelity in the custody of the prisoner. (e will also be able for the crime of bribery.
<uan will be liable for the crime of delivering a prisoner from jail and
for corruption of public official under rt. $!$. If Maria is a sentenced prisoner, she
will be liable for evasion of service of sentence under rticle
!1>. if she is a detention prisoner, she commits no crime.
E3ASION O* SENTENCE OR SER3ICE
"vasion of service of sentence has three forms:
?y simply lea$in or escapin from t e penal esta lis ment under Article 51K-
6+7 +ail're to ret'rn #it in 4% o'rs after a$in left t e penal esta lis ment eca'se of a calamity
confla ration or m'tiny and s'c calamity confla ration or m'tiny as een anno'nced as
already passed under Article 51H-
&iolatin t e condition of conditional pardon under Article 51G$
Article !'+
E3ASION O* SER3ICE O* SENTENCE
ELEMENTS #
That the offender is a convict b! final /#dgment.
That he is serving his sentence which consists in deprivation of libert! & destierro
included)
That he evades the service of his sentence b! escaping d#ring the term if his
sentence. & fact of return immaterial).
&y the very nature of the crime, it cannot be committed when the prisoner
involved is merely a detention prisoner. &ut it applies to persons convicted by final
judgment with a penalty of destierro.
A detention prisoner even if he escapes from confinement has no criminal liability. Thus#
escaping from his prison cell $hen his case is still on appeal does not make said prisoner liable for
+asion of er+ice of entence .
In leaving or escaping from 4ail or prison& that the prisoner immediately returned is immaterial . "t is eno'
t at e left t e penal esta lis ment y escapin t erefrom. 9is voluntary return may only 'e mitigating&
'eing analogous to voluntary surrender$ But the same will not a'solve his criminal lia'ility$
A continuing offense.
Offenders B not minor delin@'ents nor detention prisoners
"f escaped #it in t e 15 day appeal period B no e$asion
=o applica le to deportation as t e sentence

5
The crime of evasion of service of sentence may 'e committed even if the sentence is destierro& and t
is is committed if t e con$ict sentenced to destierro #ill enter t e pro i ited places or come #it
in t e pro i ited radi's of 25 Hilometers to s'c places as stated in t e /'d ment.
If the sentence violated is destierro& the penalty upon the convict is to 'e served 'y way of destierro also&
not imprisonment$ T is is so eca'se t e penalty for t e e$asion can not e more se$ere t an t e penalty
e$aded.
Circumstances *ualifying the offense 6done thru7:

a. 'nla#f'l entry ( y scalin G)
. reaHin doors #indo#s ates #alls roofs or floors
'sin picHlocHs false Heys dis 'ise deceit $iolence or intimidation
conni$ance #it ot er con$icts or employees of t e penal instit'tion
!# a foreigner# $as found guilty of +iolation of the la$# and $as ordered by the court to be
deported. 7ater on# he returned to the Philippines in +iolation of the sentence. eld8 e is not guilty
of +asion of er+i ce of entence as the la$ is not applicable to offenses e ecuted by deportation. (>. .
vs. Loo 9oe, '8 Phil. 58 ).
Article !'2
E3ASION O* SER3ICE O* SENTENCE ON T8E OCCASION O* 7ISOR7ERS.
CON*LAGRATIONS. EART8;UA ES OR OT8ER
CALAMITIES
ELEMENTS #
That the of fender is a convict b! final /#dgement who is confined in a penal
instit#tion.
That there is disorder, res#lting fromC 1. conflagration,

earth #a%e, or '.
e"plosion, or
similar catastrophe, or
. m#tin! , not participated.
That the offender evades the service of his sentence b! leaving the penal instit#tion where
he is confined, on the occasion of s#ch disorder or d#ring the m#tin!.
That the off ender fails to give himself #p to the a#thorities within 45 ho#rs
following the iss#ance of a proclamation b! the chief e"ec#tive anno#ncing the
passing awa! of s#ch calamit!.
T e lea$in from t e penal esta lis ment is not t e asis of criminal lia ility. It is the failure to return within
8H hours after the passing of the calamity& conflagration or mutiny had 'een
announced$ 8nder Article 15% those who return within 8H hours are given credi t or deduction from
the remaining period of their sentence e*uivalent to 5 1 of the srcinal term of the sentence$ But if the
prisoner fails to return within said 8H hours& an added penalty& also 5 1& shall 'e imposed 'ut the 5 1
penalty is 'ased on the remaining period of the sentence& not on the srcinal sentence$ In no case
shall that penalty exceed six months$
Offender must escape to 'e entitled to allowance
T ose # o did not lea$e t e penal esta lis ment are not entitled to t e 1L5 credit. Only those who left
and returned within the 8H3hour period$
7or such event to be considered as a calamity, the (resident must declared it to be so .

(e must issue a proclamation to the effect that the
51
calamity is over. @ven if the events herein mentioned may be considered as

calamity, there is a need for the 4hief @xecutive to make such announcement.
bsent such declaration. @ven if the prisoner will return to the penal institution
where he was confined, the same is of no moment as in the meantime he has
committed a violation of the law, not under the present article but for pure evasion
of service of sentence under rticle !1>.
$utiny B or aniIed 'nla#f'l resistance to a s'perior officer a sedition a re$olt
The mutiny re erre/ to in the secon/ orm o e%asion o ser%ice o sentencdoes not include
riot& The mutiny re erre/ to here in%ol%es su-or/inate ,ersonnel rising against the su,er%isor within the ,enal
esta-lishment&One who escapes during a riot will !e su!-ect to Article 3<=. that is. sim,ly lea%ing or esca,ing the
,enal esta-lishment&
Disarmin t e 'ards is not m'tiny
Aiolation attributed to the accused is no longer referred to the court for judicial in5uiry
or resolution. The law has provided sufficient guidelines for the jail warden to follow.
This dis5uisition will not apply if the offender who escapes taking advantage of the
calamities enumerated herein is apprehended by the authorities after /6 hours from
the declaration that the calamity is over. It is only extended to one who returns but
made inside the /6 hours delimited by the proclamation. t this stage, the violation is not
substantive but administrative in nature.
Article !'4
3IOLATION O* CON7ITIONAL (AR7ON
ELEMENTS#
That the offender was a convict.
That he was granted a conditional pardon b! the chief e"ec#tive.
That he violated an! of the conditions of s#ch pardon.
Condition e tends to special la#s B $iolation of ille al $otin

The condition imposed upon the prisoner not to be guilty of another crime is not limited to those
punishable under the e+ised Penal Code. 9t includes those punished under pecial 7a$. (People
vs. 3orral, 4 Phil. ' ).
"n $iolation of conditional pardon as a r'le the violation will amount to this crime only if the condition is
violated during the remaining period of the sentence$
If the condition of the pardon is violated, the remedy against the accused may be in
the form of prosecution under rticle !1B. it may also be an administrative action by
referring the violation to the court of origin and praying for the issuance of a warrant of
arrest justified under *ection -/ of the 3evised dministrative 4ode.
T e administrative lia'ility of the convict under the conditional pardon is different and as
not in to do #it is criminal lia ility for t e e$asion of ser$ice of sentence in t e e$ent t at t e
condition of t e pardon as een $iolated. Exception # ere t e $iolation of t e condition of t e
pardon #ill constit'te e$asion of ser$ice of sentence e$en t o' committed eyond
t e remainin period of t e sentence. T is is # en t e condi tional pardon e pressly so pro$ides or
t e lan 'a e of t e conditional pardon clearly s o#s t e intention to maHe t e condition perpet'al
e$en eyond t e 'nser$ed portion of t e sentence $ In such case& the convict may 'e re*uired to
serve the unserved portion of the sentence even though the violation has ta/en place when the
sentence has already lapsed$
52
>ffender m'st a$e een fo'nd 'ilty of t e s' se@'ent offense efore e can e
prosec'ted 'nder t is Article. ?'t if 'nder e$ised Admin Code no con$iction
necessary. -resident as po#er to arrest reincarnate offender #it o't trial
Article )*+ is a distinct felony. "t is a substantive crime. 7or one to suffer the conse5uence of
its violation, the prisoner must be formally charged in court. (e will be entitled to a full blown
hearing, in full enjoyment of his right to due process. ?nly after a final judgment has been
rendered against him may he suffer the penalty presc ribed under rticle !1B &Torres vs.
Gon*ales, et al., 1 2
30A 2=2)
3IOLATIONO*(AR7ON OR7INARYE3ASION
"nfrin ement of conditionsLterms of To e$ade t e penalty i$en y t e co'rts
-resident B dist'r s t e p' lic order
Two ,enalties ,ro%i/e/#

prision correccional in its minimum period B if t e penalty remitted does not e ceed 6
years
the unexpired portion of his srcinal sentence B if t e penalty remitted is i er t an 6 years
COMMISSION O* ANOT8ER CRIME
Article !)6
COMMISSION O* ANOT8ER CRIME 7URING SER3ICE O* (ENALTY
IM(OSE7 *OR ANOT8ER (RE3IOUS O**ENSE=(ENALTY# ( #asiCrecidivism)
ELEMENTS
That the offender was alread! convicted b! final /#dgement of one offense.
That he committed a new felon! before beginning to serve s#ch sentence or while
serving the same.
>uasi,recidivism : a person after a$in een con$icted y final /'d ement s all
commit a ne# felony efore e innin to ser$e s'c sentence or # ile ser$in t e same.
econd crimes m'st elon to t e -C not special la#s. +irst crime may e eit er from t e -C or
special la#s
(eiteracion: offender s all a$e ser$ed o't is sentence for t e prior offense
A @'asi recidi$ist may e pardoned at a e !*. Except: 8n#ort y or 0a it'al Delin@'ent
If new felony is evasion of sentenceB offender is not a @'asi recidi$ist
'enalty: ma im'm period of t e penalty for t e ne# felony s o'ld e imposed
Cuasi+recidivism is a special aggravating circumstance which directs the court to

impose the maximum period of the penalty prescribed by law for the new felony. The
court will do away or will ignore mitigating and aggravating circumstances in
considering the penalty to be imposed. There will be no occasion for the court to
consider imposing the minimum, medium or maximum period of the penalty. The
mandate is absolute and is justified by the finding that the accused is suffering from
some degree of moral perversity if not total incorrigibility. &People vs. Alicia, et al., = 30A
22 )
53
Cuasi+recidivism is an aggravating circumstance which cannot be offset by any

mitigating circumstance. To be appreciated as a special aggravating circumstance, it
must be alleged in the information. &People vs. :a#tista, 8 30A
48;)
R'asi ecidi$ism may e offset y a special pri$ile ed miti atin circ'mstance (e . Minority)
TITLE *OUR
CRIMES AGAINST (UBLIC INTEREST
Crimes against ,u-lic interest

Co'nterfeitin t e reat seal of t e Jo$ernment of t e - ilippines (Art. 161);
8sin for ed si nat're or co'nterfeitin seal or stamp (Art. 162);
MaHin and importin and 'tterin false coins (Art. 163);
M'tilation of coins importation and 'tterin of m'tilated coins (Art. 164);
ellin of false or m'tilated coins #it o't conni$ance (Art. 165);
+or in treas'ry or anH notes or ot er doc'ments paya le to earer importin and 'tterin of
s'c false or for ed notes and doc'ments (Art. 166);
Co'nterfeitin importin and 'tterin instr'ments not paya le to earer (Art. 16!);
"lle al possession and 'se of for ed treas'ry or anH notes and ot er instr'ments of credit (Art.
16%);
. +alsification of le islati$e doc'ments (Art. 1!*);
1*. +alsification y p' lic officer employee or notary (Art. 1!1);
+alsification y pri$ate indi$id'als and 'se of falsified doc'ments (Art. 1!2);
+alsification of #ir eless ca le tele rap and te lep one messa es and 'se of said
falsified messa es (Art. 1!3);
+alse medical certificates false certificates of merit or ser$ice (Art. 1!4);
8sin false certificates (Art. 1!5);
Man'fact'rin and possession of instr'ments or implements for falsification (Art. 1!6);
8s'rpation of a't ority or official f'nctions (Art. 1!!);
1!. 8sin fictitio's name and concealin tr'e name (Art. 1!%);
1%. "lle al 'se of 'niforms or insi nia (Art. 1! );
1. +alse testimony a ainst a defendant (Art. 1%*);
2*. +alse testimony fa$ora le to t e defendant (Art. 1%1);
+alse testimony in ci$il cases (Art. 1%2);
+alse testimony in ot er cases and per/'ry (Art. 1%3);

54
>fferin false testimony in e$idence (Art. 1%4);
Mac inations in p' lic a'ction (Art. 1%5);
Monopolies and com inations in restraint of trade (Art. 1%6);
"mportation and dis position of fa lsely marHed articles or mer c andise made of old
sil$er or ot er precio's metals or t eir alloys (Art. 1%!);
2!. ' stit'tin and alterin trade marHs and trade names or ser$ice marHs (Art.
1%%);
2%. 8nfair competition and fr a'd'lent re istration of tra de marH or tr ade name or
ser$ice marH; fra'd'lent desi nation of ori in and false description (Art. 1% ).
T e crimes in t is title are in t e nat're of fra'd or falsity to t e p' lic. T e essence of t e crime 'nder t is
title is t at # ic defra'd t e p' lic in eneral. T ere is deceit perpetrated 'pon t e p' lic. T is is t e act t at
is ein p'nis ed 'nder t is title.
Article !)!
COUNTER*EITING GREAT SEAL O* GO3ERNMENT
TY(ES#
+orging the great seal of the Government
+orging the signat#re of the President
+orging the stamp of the President
: en t e si nat're of t e -resident is for ed it is not falsification 't for in of si nat're 'nder

t is article
i nat're m'st e for ed ot ers si ned it B not t e -resident.
Article !)5
USING *ORGE7 SIGNATURE OR COUNTER*EIT SEAL OR STAM(
ELEMENTS#
That the great seal of the rep#blic was co#nterfeited or the signat#re or stamp of
the chief e"ec#tive was forged b! another person.
That the offender %new of the co#nterfeiting or forger!.
That he #sed the co#nterfeit seal or forged signat#re or stamp.
>ffender is =>T t e for erLnot t e ca'se of t e co'nterfeitin
Article !):
MA ING AN7 IM(ORTING AN7 UTTERING *ALSE COINS
ELEMENTS #
That there be false or co#nterfeited coins & need not 'e legal tender).
That the offender either made, imported or #ttered s#ch coins.

55
That in case of #ttering s#ch fals e or co#nterfeited coins, he connives with

co#nterfeiters or importers.
Coin is counterfeit B if it is for ed or if it is not an article of t e o$ernment as le al tender re

ardless if it is of no $al'e
in/s o coins the counter eiting o which is ,unishe/
il$er coins of t e - ilippines or coins of t e Central ?anH of t e - ilippines;
Coins of t e minor coina e of t e - ilippines or of t e Central ?anH of t e - ilippines;
Coin of t e c'rrency of a forei n co'ntry.
Counter eiting B imitation of le al or en'ine coin (may contain more sil$er different desi n)
s'c as to decei$e an ordinary person in elie$in it to e en'ine
Utter B to pass co'nterfeited coins deli$er or i$e a#ay
Im,ort B to rin to port t e same
?ot - ilippine and forei n state coins
Applies also to coins #it dra#n from circ'lation
"ssence of article: maHin of coins #it o't a't ority
Acts ,unishe/
M'tilatin coins of t e le al c'rrency #it t e f'rt er re@'irements t at t ere e intent to dama e or to

defra'd anot er;
"mportin or 'tterin s'c m'tilated coins #it t e f'rt er re@'irement t at t ere m'st e conni$ances #it t e
m'tilator or importer in case of 'tterin .
The first acts of falsification or falsity are
Counterfeiting ; refers to money or c'rrency;
6+7 <orgery ; refers to instr'ments of credit and o li ations and sec'rities iss'ed y t e - ilippine
o$ernment or any anHin instit'tion a't oriIed y t e - ilippine o$ernment to iss'e t e same;
<alsification ; can only e committed in respect of doc'ments.
In so far as coins in circulation are concerned& there are two crimes that may 'e committed:
Counterfeiting coins 33 This is the crime of rema/ing or manufacturing without any authority to do so$
"n t e crime of co'nterfeitin t e la# is not concerned #it t e fra'd 'pon t e p' lic s'c t at even though the
coin is no longer legal tender& the act of imitating or manufacturing the coin of the government is
penali(ed . "n p'nis in t e crime of co'nterfeitin t e la# #ants to pre$ent people from tryin t eir in en'ity
in t eir imitation of t e man'fact're of money.
6+7 $utilation of coins 33 This refers to the deli'erate act of diminish ing the proper metal contents of
the coin either 'y scraping& scratching or filling the edges of the coin and the offender gathers
the metal dust that has 'een scraped from the coin$
Re$uisites o mutilation un/er the Re%ise/ (enal Co/e
Coin m'tilated is of le al tender;

56
>ffender ains from t e precio's metal d'st a stracted from t e coin; and
"t as to e a coin.
T ere is no e pertise in$ol$ed ere$ In mutilation of coins under the "evised )enal Code&
the offender does nothing 'ut to scrape& pile or cut the coin and collect the dust and& thus&
diminishing the intrinsic value of the coin$
#utilation of coins is a crime only if the coin mutilated is legal tender . "f it is not le al tender anymore no
one #ill accept it so no ody #ill e defra'ded. ?'t if t e coin is of le al tender and t e offender minimiIes
or decreases t e precio's metal d'st content of t e coin t e crime of
m'tilation is committed.
T e offender m'st deli erately red'ce t e precio's metal in t e coin. Deli erate intent arises only # en t
e offender collects t e precio's metal d'st from t e m'tilated coin. If the offender does not collect such
dust& intent to mutilate is a'sent& 'ut )re sidential 0ecree No$ +8K will apply$
Article !)"
MULTILATION O* COINS 0 IM(ORTATION AN7 UTTERANCE#
This has been repealed b! P< 24 . <7e acement. Mutilation. Tearing. Burning or
7estroying Central Ban? Notes an/ Coins@
Un/er this (7. the acts ,unisha-le are#

#illf'l defacement .
m'tilation
tearin
'rnin
destr'ction of Central ?anH notes and coins
Mutilation B to taHe off part of t e metal eit er y fillin it or s' stit'tin it for anot er metal of
inferior @'ality to diminis y inferior means (to diminis metal contents).
+orei n notes and coins not incl'ded. M'st e le al tender.
M'st e intention to m'tilate.
#utilation under the "evised )enal Code is true only to coins . "t cannot e a crime 'nder t e e$ised -enal
Code to m'tilate paper ills eca'se t e idea of m'tilation 'nder t e code is collectin t e precio's metal
d'st. 9owever& under )residential 0ecree No$ +8K& mutilation is not limited to coins$
;uestions Answers
T e people playin cara y cr'I efore t ey t ro# t e coin in t e air #o'ld r' t e money to t e
side#al H t ere y diminis in t e intrinsic $al'e of t e coin. "s t e crime of m'tilation committed<
#utilation& under the "evised )enal Code& is not committed 'ecause they do not collect the
precious metal content that is 'eing scrap ed from the coin$ 9owever& this will amount to violation of )
residential 0ecree No$ +8K$
: en t e ima e of Kose iIal on a fi $e peso ill is tr ansformed into t at of andy antia o is t

ere a $iolation of -residential Decree =o. 24!<
>es$ )residential 0ecree No$ +8K is violated 'y such act$
An old #oman # o #as a ci arette $ endor in R'iapo ref'sed to accept one centa$o coins for
payment of t e $endee of ci arettes e p'rc ased. T en came t e police # o ad$ised er t at s e as no ri
t to ref'se since t e coins are of le al ten der. >n t is t e old
5%
#oman accepted in er ands t e one centa$o coins and t en t re# it to t e face of t e $endee and t e
police. :as t e old #oman 'ilty of $iolatin -residential Decree =o. 24!<
.he was guilty of violating )residential 0ecree No$ +8K 'ecause if no one ever pic/s up the coins&
her act would result in the diminution of the coin in circulation$
A certain c'stomer in a resta'rant #anted to s o# off and 'sed a - 2*.** ill to li t is ci

arette. :as e 'ilty of $iolatin -residential Decree =o. 24!<
9e was guilty of arrested for violating of )residential 0ecree No$ +8K$ Anyone who is in
possession of defaced money is the one who is the violator of )residential 0ecree No$ +8K$ The intention
of )residential 0ecree No$ +8K is not to punish the act of defrauding the pu'lic 'ut what
is 'eing punished is the act of destruction of money issued 'y the Central Ban/ of the )hilippines$
Note that persons ma/ing 'racelets out of some coins violate )residential 0ecree No$ +8K$
The primary purpose of )residential 0ecree No$ +8K at the time it was ordained was to stop the practice of
people writing at the 'ac/ or on the edges of the paper 'ills& such as Lwanted: pen palL$
.o& if the act of mutilating coins does not involve gathering dust li/e playing cara y cru(& that is not
mutilation under the "evised )enal Code 'ecause the offender does not collect the metal dust$ But 'y ru''ing
the coins on the sidewal/& he also defaces and destroys the coin and that is punisha'le under )residential
0ecree No$ +8K$
Article !)'
SELLING O* *ALSE OR MUTILATE7 COIN. 1IT8OUT CONNI3ANCE
•
Ty,es
'ossession of coin/ counterfeited or mutilated !y another person/ with intent to utter
the same/ nowing that it is false or mutilated&
ELEMENTS#
possession
with intent to #tter, and
%nowledge
Actually uttering such false or mutilated coin/ nowing the same to !e false or
mutilated.
ELEMENTS#
act#all! #ttering, and
%nowledge.
-ossession does not re@'ire le al tender in forei n coins
"ncl'des constr'cti$e possession
?n counterfeiting coins, it is immaterial whether the coin is legal tender or not

because the intention of the law is to put an end to the practice of imitating money
and to discourage anyone who might entertain the idea of imitating money &People
vs. Dong Leon).
Article !))
*ORGING TREASURY OR BAN NOTES 0 IM(ORTING AN7 UTTERING
Acts ,unisha-le#
5&
+orging or falsit! of treas#r!$ban% notes or doc#ments pa!able to bearer
mporting of s#ch notes
>ttering of s#ch false or forged obligations and notes in connivance with forgers
and importers
*orging B y i$in a treas'ry or anH note or doc'ment paya le to earerLorder an appearance of

a tr'e and en'ine doc'ment
*alsi ication B y erasin s' stit'tin co'nterfeitin or alterin y any means t e fi 'res and letters #ords si ns
contained t erein
E. . falsifyin B lotto or s#eepstaHes ticHet. Attempted estafa t ro' falsification of an o li

ation or sec'rity of t e - il
)NB chec/s not included here B itFs falsification of commercial doc'ment 'nder Article 1!2
O!ligation or security includes: onds certificate of inde tedness ills national

anH notes co'pons treas'ry notes certificate of deposits c ecHs drafts for money
s#eepstaHes money
If the falsification is done on a document that is classified as a government security,

then the crime is punished under rticle !--. ?n the other hand, if it is not a government
security, then the offender may either have violated rticle !>! or !>$.
Article !)+
COUNTER*EITING. IM(ORTING. AN7 UTTERING INSTRUMENTS NOT (AYABLE
TO BEARER
ELEMENTS #
That the re be an instr#ment pa!able to order or other doc#ment of credit not pa!
able to bearer.
That the offender either forged, imported or #ttered s#ch instr#ments.
That in case of #ttering, he connived with the forger or importer.
Article !)2
ILLEGAL (OSSESSION AN7 USE O* *ALSE TREASURY OR BAN NOTES
AN7 OT8ER INSTRUMENT O* CRE7IT
ELEMENTS#
That an! treas #r! or ban% not e or certificate or othe r obligation and sec# rit! pa!
able to bearer, or an! instr#ment pa!able to order or other doc#ment of credit
not pa!able to bearer is forged or falsified b! another person.
That the offender %nows that an! of those instr#ments is forged or falsified.
That he performs an! of these acts –

#sing an! of s#ch forged or falsified instr#ment, or
possessing with intent to #se an! of s#ch forged or falsified instr#ment.
Act so' t to e p'nis ed no#in ly possessin #it intent to 'se any of s'c for ed treas'ry or
anH notes
5-
Article !)4
*ORGERY
8ow orgery is committe/#

b! giving to a trea s#r! or ban% not e or an! inst r#ment pa!able to bearer or to orde r,
the appearance of a tr#e and gen#ine doc#ment
b! erasing, s#bstit#ting, co#nterfeiting, altering b! an! means the fig#res, letters or

words, or signs contained therein.
if all acts done 't en'ine appearance is not i$en t e crime is fr'strated
<orgery under the "evised )enal Code applies to papers& which are in the form of o'ligations and securities
issued 'y the )hilippine government as its own o'ligations& which is given the same status as legal tender .
Jenerally t e #ord co'nterfeitin G is not 'sed # en it comes to notes; # at is 'sed is for ery.G
Co'nterfeitin refers to money # et er coins or ills.
=otice t at mere c an e on a doc'ment does not amo'nt to t is crime $ The essence of forgery is giving
a document the appearance of a true and genuine document . =ot any alteration of a letter n'm er fi 're
or desi n #o'ld amo'nt to for ery. At most& it would only 'e frustrated forgery$
%hen what is 'eing counterfeited is o'ligation or securities # ic 'nder t e e$ised -enal Code is i$en a
stat's of money or le al tender& the crime committed is forgery$
;uestions Answers
"nstead of t e peso si n (-) some ody replaced it #it a dollar si n (S). :as t e crime of for
ery committed<
No$ <orgery was not committed$ The forged instrument and currency note must 'e given the
appearance of a true and genuine document$ The crime committed is a violation of )residential 0ecree
No$ +8K$ %here the currency note& o'ligation or security has 'een changed to ma/e it appear as one
which it purpor ts to 'e as genuine& the cri me is forgery$ In chec/s or commercial documents& this crime
is committed when the figures or words are changed which materially alters the document$
An old man in is desire to earn somet in scraped a di it in a losin s#eepstaHes ticHet c't o't
a di it from anot er ticHet and pasted it t ere to matc t e series of di its correspondin to t e #innin
s#eepstaHes ticHet. 0e presented t is ticHet to t e - ilippine C arity #eepstaHes >ffice. ?'t t e
alteration is so cr'de t at e$en a c ild can notice t at t e s'pposed di it is merely s'perimposed on t e
di it t at #as scraped. :as t e old man 'ilty of for ery<
NO Because of the impossi'ility of deceiving whoever would 'e the person to whom that
tic/et is presented& the .upreme Court ruled that what was committed was an impossi'le crime$ Note& however& that the
decision has 'een criti ci(ed$ In a case li/e this& the .upreme Court of
.pain ruled that the crime is frust rated$ %here the alteration is such that no'ody would 'e deceived& one
could easily see that it is a forgery& the crime is frustrated 'ecause he has done all the acts of execution
which would 'ring a'out the felonious conse*u ence 'ut nevertheless did not result in a consummation for
reasons independent of his will$
A person as a t#enty peso ill. 0e applied toot ac e drops on one side of t e ill. 0e as a
mimeo rap paper similar in te t're to t at of t e c'rrency note and placed it on top of t e t#enty peso ill
and p't some #ei t on top of t e paper. After sometime e remo$ed it and t e printin on t e t#enty
peso ill #as reprod'ced on t e mimeo paper . 0e tooH t e re$erse side of t e -2* ill applied toot ac e
drops and re$ersed t e mimeo paper and pressed it to t e paper. After sometime e remo$ed it and
it #as reprod'ced. 0e c't it o't scraped it a little and #ent to a sari sari store tryin to 'y a ci arette #it t
at ill. : at e o$erlooHed #as t at # en e placed t e ill t e printin #as in$erted. 0e #as appre ended
and #as prosec'ted and con$icted of for ery. :as t e crime of for ery committed<
6
The .uprem e Court ruled that it was only frustrated forgery 'ecause although the offender has
performed all the acts of execution& it is not possi'le 'ecause 'y simply loo/ing at the forged document& it
could 'e seen that it is not genuin e$ It can only 'e a consumma ted forgery if the document which purports
to 'e genuine is given the appearance of a true and genuine document$ Otherwise& it is at most
frustrated$
*i%e classes o alsi ication#
657 <alsification of legislative documents-
6+7 <alsification of a document 'y a pu'lic officer& employee or notary pu'lic-
<alsification of a pu'lic or official& or commercial documents 'y a private individual-
<alsification of a private document 'y any person-
<alsification of wireless& telegraph and telephone messages$
T e crime of falsification m'st in$ol$e a #ritin t at is a doc'ment in t e le al sense. T e #ritin m'st e

complete in itself and capa le of e tin 'is in an o li ation or creatin ri ts or capa le of ecomin
e$idence of t e facts stated t er ein. 8ntil and 'nless t e #ritin as attai ned t is @'ality it #ill not e
considered as doc'ment in t e le al sense and t erefore t e crime of falsification cannot e committed
in respect t ereto.
7istinction -etween alsi ication an/ orgery#
<alsification is t e commission of any of t e ei t acts mentioned in Article 1!1 on le islati$e (only t e

act of maHin alteration) p' lic or official commercial or pri$ate doc'ments or #ireless or tele rap
messa es.
T e term forgery as 'sed in Article 16 refers to t e falsification and co'nterfeitin of treas'ry or anH
notes or any instr'ments paya le to earer or to order.
=ote t at for in and falsification are crimes 'nder +or eries.
Article !+6
*ALSI*ICATION O* LEGISLATI3E 7OCUMENTS
ELEMENTS #
That these be a bill, resol#tion or ordinance enacted or approved or pending approval
b! the national assembl! or an! provincial board or m#nicipal co#ncil.
That the offender &an! person) alters the same.
That he has no proper a#thorit! therefor.
That the alteration has changed the meaning of the doc#ment.
T e #ords Nm'nicipal co'ncilN s o'ld incl'de t e city co'ncil or m'nicipal oard B eyes.
Acc'sed m'st not e a p' lic official entr'sted #it t e c'stody or possession of s'c doc'ment
ot er#ise Art 1!1 applies .
The falsification must be committed on a genuine, true and authentic legislative

document. If committed on a simulated, spurious or fabricated legislative document,
the crime is not punished under this article but under rticle !>! or !>$.
Article !+!
*ALSI*ICATION O* 7OCUMENTS BY (UBLIC O**ICER. EM(LOYEE. OR NOTARY
OR ECCLESTASTICAL MINISTER
61
ELEMENTS#
That the offender is a p#blic officer, emplo!ee, or notar! p#blic.
That he ta%es advantage of his official position.
That he falsifies a doc#ment b! committing an! of the following acts7
3o#nterfeiting or imitating an! handwriting, signat#re or r#bric.

(e*uisites:
T at t ere e an intent to imitate or an attempt to imitate
T at t e t#o si nat'res or and#ritin s t e en'ine an d t e for ed ear some

resem lance to eac ot er
(lacH of similit'deLimitation of a en'ine si nat're #ill not e a ro'nd for

con$iction 'nder par. 1 't s'c is not an impediment to con$iction 'nder
par. 2)
3a#sing it to appear that persons have participated in an! act or proceeding when
the! did not in fact so participate.
Attrib#ting to persons who have par ticipated in an act or proc eeding statements
other than those in fact made b! them.
(e*uisites:
T at t e offender ca'sed it to appear in a doc'ment t at a personLs
participated in an act or a proceedin ; and
T at s'c personLs did no t in fa ct so pa rticipate in t e ac t or
proceedin
6a%ing #ntr#thf#l statements in a narration of facts(

(e*uisites:
T at t e offender maHes in a d oc'ment statements in a n arration of
facts
T at e as a l e al o li ation to d isclose t e tr't of t e facts narrated y im;

(re@'ired y la# to e done) and
T at t e facts narrated y t e offender are a sol'tely false; and
i$. T at t e per$ersion or tr't in t e narration of facts #as made #it t e

#ron f'l intent of in/'rin a t ird person
T ere m'st e a narration of facts not a concl'sion of la#. M'st e on a

material matter
7or one to be held criminally liable for falsification under paragraph /, the untruthful
statement must be such as to effect the integrity of the document or to change the
effects which it would otherwise produce.
7e al o li ation means t at t ere is a la# re@'irin t e disclos're of t e tr't of

t e facts narrated. E . esidence certificates
T e person maHin t e narration of facts m'st e a#are of t e falsity of t e

facts narrated y im. T is Hind of falsification may e committed y
omission
62
. Altering tr#e dates.

B date m'st e essential
7or falsification to take place under this paragraph, the date of the document must be
material to the right created or to the obligation that is extinguished.
6a%ing an! alteration or intercalation in a gen#ine doc#ment which changes its

meaning.
(e*uisites:
T at t ere e an alteration (c an e) or intercalation (insertion) on a
doc'ment
T at it #as made on a en'ine doc'ment
T at t e alterationLintercalation as c an ed t e meanin of t e doc'ment
i$. T at t e c an e made t e doc'ment speaH somet in false.
ss#ing in an a#thenticated form a doc#ment p#rporting to be a cop! of an srcinal

doc#ment when no s#ch srcinal e"ists, or incl#ding in s#ch cop! a statement
contrar! to, or different from, that of the gen#ine original( & if no /nowledge&
falsification through negligence)or
The acts of falsification mentioned in this paragraph are committed by a public officer
or by a notary public who takes advantage of his official position as custodian of the
document. It can also refer to a public officer or notary
who prepared and retained a copy of the document. The falsification can be done in two
ways . It can be a certification purporting to show that the
document issued is a copy of the srcinal on record when no such srcinal exists. It can
also be in the form of a certification to the effect that the document on file contains
statements or including in the copy issued, entries which are not found on contrary to,
or different from the srcinal genuine document on file.
ntercalating an! instr#ment or note relative to the iss#ance thereof in a protocol,

registr!, or official boo%. &gen#ine doc#ment)
d. "n cas e t e offender is an ecclesiastical minister t e act of falsification is

committed #it respect to any record or doc'ment of s'c c aracter t at its
falsification may affect t e ci$il stat's of persons.
There is no crime of attempted or frustrated falsification of pu'lic document
lteration or changes to make the document speak the truth do not constitute falsification. &> vs. 6ateo,
2 Phil. '24)
'ersons lia!le B p' lic officer employee or notary p' lic or ecclesiastical minister
@ither he has duty to intervene in the preparation of the document or it may be a

situation wherein the public officer has official custody of the document.
*o even if the offender is a public officer, if her causes the falsification of a

document which is not in his official custody or if the falsification committed by
him is not related whatsoever to the performance of his duties, he will still be
liable for falsification but definitely not under this rticle but under rticle !>$.
(falsification of doc'ments y a pri$ate person)
63
7ocument# ny written instrument which establishes a right or by which an obligation

is extinguished. deed or agreement executed by a person setting forth any disposition
or condition wherein rights and obligations may arise.
%riting may 'e on anything as long as it is a product of the handwriting& it is considered a

document$
=ot necessary t at # at is falsified is a en'ine or real doc'ment eno' t at it i$es an

appearance of a en'ine article
As long as any of the acts of falsification is committed& whether the document is genuine or not&
the crime of falsification may 'e committed$ Even totally false documents may 'e falsified$
Counter eiting B imitatin any and#ritin si nat're or r' ric
*eigning B sim'latin a si nat're and#ritin or r' ric o't of one of # ic does not in fact e ist
It does not re*uire that the writing 'e genuine$ Even if the writing was through and through false& if it
appears to 'e genuine& the crime of falsification is nevertheless committed$
There are our ?in/s o /ocuments#
)u'lic document in the execution of which& a person in authority or notary pu'lic has ta/en part-
6+7 Official document in the execution of which a pu'lic official ta/es part-
Commercial document or any document recogni(ed 'y the Code of Commerce or any commercial law-
and
687 )rivate document in the execution of which only private individuals ta/e part$
-' lic doc'ment is roader t an t e term official doc'ment. ?efore a doc'ment may e considered official
it m'st first e a p' lic doc'ment. ?'t not all p' lic doc'ments are official doc'ments. To ecome an official
doc'ment t ere m'st e a la# # ic re@'ires a p' lic officer to iss'e or to render s'c doc'ment. E ample A
cas ier is re@'ired to iss'e an official receipt for t e amo'n t e recei$es. T e official receipt is a p' lic
doc'ment # ic is an official doc'ment.
Liabilit! of a private individ#al in falsification b! a p#blic officer when there is conspirac!.
nder &epublic Act -+-*, when a public officer who holds a position classified as ;rade $> or
higher, commits a crime in relation to the performance of his official functions, the case
against him will fall under the jurisdiction of the *andiganbayan. "f a private person is
included in the accusation because of the e%istence of conspiracy in the commission of the
crime , the
*andiganbayan shall maintain jurisdiction over the person of the co+accused, notwithstanding the
fact that said co+accused is a private individual. "f the
public officer is found guilty, the same liability and penalty shall be imposed on the private
individual. &>. . vs. Ponce, 2; Phil. ' =)
Article !+5
*ALSI*ICATION O* (UBLIC. O**ICIAL. OR COMMERCIAL 7OCUMENT BY A
(RI3ATE IN7I3I7UAL <,ar !@
ELEMENTS
That the offender is a private individ#al or a p#bl ic officer or emplo !ee who di d not ta
%e advantage of his official position.
That he committed an! of the acts of falsification en#merated in A0T. 1 1.

64
3o#nterfeiting or imitating an! handwriting, signat#re or r#bric.
3a#sing it to appear that persons have participated in an! act or proceeding when
the! did not in fact so participated.
Attrib#ting to persons who have par ticipated in an act or proc eeding statements
other than those in fact made b! them.
4. 6a%ing #ntr#thf#l statements in a narration of facts(
. Altering tr#e dates.
6a%ing an! alteration or intercalation in a gen#ine doc#ment which changes its

meaning.
That the falsification was committed in an! p#blic or official or commercial doc#ment.
8nder t is para rap damage is not essential it is pres'med
If the falsification of public, official or commercial documents, whether they be public

official or by private individuals, it is not necessary that there be present the idea of gain
or the intent to in#ure a third person. What is punished under the law is the violation of
public faith and the perversion of the truth as solemnly proclaimed by the nature of the
document. & arep vs.
andiganba!an)
7e ense# lacH of malice or criminal intent
The following writings are pu!lic:

t e #ritten acts or records of acts of t e so$erei n a't ority of official odies and tri
'nals and of t e p' lic officers le islati$e /'dicial and e ec'ti$e # et er of t e -
ilippines or of a forei n co'ntry.
. -' lic records Hept in t e - ilippines.
Examples of commercial documents B #are o'se receipts air#ay ills anH

c ecHs cas files deposit slips and anH statements /o'rnals ooHs led ers drafts
letters of credit and ot er ne otia le instr'ments
There is a comple& crime o% esta%a through %alsi%ication o% public" o%%icial or

commercial document. In the crime of estafa, damage or intent to cause damage is not an
element. It is sufficient that the offender committed or performed the acts of falsification as
defined and punished under rticle !>!. The two offenses can co+exist as they have distinct
elements peculiar to their nature as a crime. When the falsification is committed

because it is necessary to commit estafa, what we have is a
complex crime defined and punished under rticle /6 of the 3evised 0enal 4ode.
There is a comple% crime of falsification of pubic documents through reckless

imprudence.
•
Cas dis 'rsement $o'c ers or receipts e$idencin payments are not commercial
doc'ments
• A mere lanH form of an official doc'ment is not in itself a doc'ment
• T e possessor of falsified doc'ment is pres'med to e t e a't or of t e falsification

65
*ALSI*ICATION UN7ER (ARAGRA(8 5 O* ART& !+5& O* (RI3ATE 7OCUMENT
ELEMENTS #
That the offender committed an! of the acts of falsification, e"cept those in paragraph
and 5, en#merated in art. 1 1.
That the falsification was committed in an! private doc#ment & must affect the truth or
integrity of the document)
That the falsification ca#sed damage & essential element- hence& no crime of estafa thru
falsification of private document) to a third part! or at least the falsification was
committed with intent to ca#se s#ch damage.
=ot necessary t at t e offender profited or oped to profit from t e falsification
7alsification of a private document is consummated when such document is actually

falsified with the intent to prejudice a third person whether such falsified document is
or is not thereafter put to illegal use for which it is intended. &Lope* vs. Paras, '8 Phil.
148)
What is emphasi)ed at this point is the element of falsification of private document.

There must be intent to cause damage or damage is actually caused. The intention is
therefore must be malicious or there is deliberate
intent to commit a wrong. &eckless imprudence is incompatible with malicious intent.
7alsification is not a continuing offense
There is no falsification through reckless imprudence if the document is a private

document.
7alsification by omission
Mere falsification of a private document is not enough to commit crime under

paragraph $ of rticle !>$. Two acts must be done by the offender. !D (e must have
performed in the private document the falsification contemplated under rticle !>!. $D (e
must have performed an independent act which operates to cause damage or
prejudice to a third person. The third person mentioned herein may include the
government. "amage is not limited to money or pecuniary prejudice. "amage to one=s
honor, reputation or good name is included.
A doc'ment falsified as a necessary means to commit anot er crime m'st e p' lic official or commercial
• T ere is no complex crime of estafa through falsification of a private document eca'se t e

immediate effect of t e latter is t e same as t at of estafa
If a private document is falsified to cause damage to the offended party, the crime
committed is falsification of a private document. 3emember that in estafa, damage or
intent to cause damage is an indispensable element of the crime. The same element
is necessary to commit the crime of falsification of private document. *ince they have a
common element, such element cannot be divided into the two parts and considered
as two separate offenses.
T ere is no comple crime of estafa #it falsification eca'se deceit is a common element of
'oth. >ne and t e same deceit or dama e cannot i$e rise to more t an one crime. "t is eit er
estafa or falsification.
66
%riteria to determine &hether the crime is estafa only or falsification only :
I7 the falsification of the private document was essential in the commission of estafa
because the falsification, estafa cannot be committed, the crime is falsification# estafa
becomes the conse5uence of the crime.
I7 the estafa can be committed even without resorting to falsification, the latter being
resorted only to facilitate estafa, the main crime is estafa# falsification is merely
incidental, since even without falsification, estafa can be committed.
"f t e estafa #as already cons'mmated at t e time of t e falsification of a pri$ate

doc'ment #as committed for t e p'rpose of concealin t e estafa t e falsification is not
p'nis a le eca'se as re ards t e falsification of t e pri$ate doc'ment t ere #as no
dama e or intent to ca'se dama e.
private document which is falsified to obtain money from offended party is a

falsification of private document only.
A pri$ate doc'ment may ac@'ire t e c aracter of a p' lic doc'ment # en it

ecomes part of an official record and is certified y a p' lic officer d'ly a't oriIed y
la#
T e crime is falsification of p' lic doc'ments e$en if falsification tooH place efore t e
pri$ate doc'ment ecomes part of t e p' lic records
%amples/
n employee of a private company who punches the bundy clock on behalf on a
co+employee is guilty of falsification of a private document.
?ne who will take the civil service examination for another and makes it appear that
he is the examinee is guilty of falsification of a public document.
USE O* *ALSI*IE7 7OCUMENT <,ar& :. art& !+5@
ELEMENTS#
a. )ntroducing in a -udicial proceeding:

That the offender %new that a doc#ment was falsified b! another person.
That the false doc#ment is embraced in art. 1 1 or in an! s#bdivisions nos. 1 and 2
of art. 1 2.
That he introd#ced said doc#ment in evidence in an! /#dicial proceeding. & intent to
cause damage not necessary)
?se in any other transaction:

That the offender %new that a doc#ment was falsified b! another person.
That the false doc#ment is embraced in art. 1 1 or in an ! of s#bdivisions nos. 1

and 2 of art. 1 2.
That he #sed s#ch doc#ments & not in 4udicial proceedings).
That the #se of the doc#ments ca#sed damage to another or at least was #sed with
intent to ca#se s#ch damage.
The user of the falsified document is deemed the author of falsification/ if:
6%
a. t e 'se is so closely connected in time #it t e falsification
. t e 'ser ad t e capacity of falsifyin t e doc'ment
*alsi ication o (ri%ate 7ocuments *alsi ication o (u-lic O icial 7ocuments

-re/'dice to t ird party is an element -re/'dice to t ird persons is immaterial # at is
of t e offense. p'nis ed is t e $iolation of p' lic fait and
per$ersion of tr't # ic t e doc'ment
proclaims.
Rules to obser$e in the use o% a %alsi%ied document.

It is a crime when knowing ly introduced in a judicial proceeding even if there is not
intent to cause damage to another. Enowingly introducing a falsified document in a
judicial proceeding, the use alone is not a crime. The mere introduction of the
forged document is the crime itself. &ut when the falsified document is knowingly
introduced in an administrative proceeding, the use alone is not a crime. There
must be intent to cause damage or damage is actually inflicted.
$. 7alsification of document is a separate and dist inct offense from that of the use of
falsified documents. *o if the falsification of document was done or performed
because it was necessary to the use of the same and in the commission of the
crime, then we may have a complex crime defined and punished under rticle /6 of
the 3evised 0enal 4ode.
. ;ood faith is a defense in falsification of public document.

Article !+:
*ALSI*ICATION O* 1IRELESS. CABLE. TELEGRA(8. AN7 TELE(8ONE
MESSAGES. AN7 USE O* SAI7 *ALSI*IE7 MESSAGES
Acts ,unisha-le#
>ttering fictitio#s, wireless, telegraph or telephone message
(e*uisites:
T at t e offender is an officer or employee of t e o$ernment or an officer or
employee of a pri$ate corporation en a ed in t e ser$ice of sendin or
recei$in #ireless ca le or telep one messa e.
'$ That the accused commits any of the following acts:

'tterin fictitio's #ireless ca le tele rap or telep one messa e or
falsifyin #ireless ca le tele rap or telep one messa e
+alsif!ing wireless, telegraph or telephone message

(e*uisites:
T at t e offender is an officer or employee of t e o$ernment or an officer or
employee of a pri$ate corporation en a ed in t e ser$ice of sendin or
recei$in #ireless ca le or telep one messa e.
That the accused commits any of the following acts
'tterin fictitio's #ireless ca le tele rap or telep one messa e or
falsifyin #ireless ca le tele rap or telep one messa e
>sing s#ch falsified message

(e*uisites:
T at t e acc'sed Hne# t at #ireless ca le tele rap or telep one messa e #as
falsified y any of t e person specified in t e first para rap of art. 1!3.
. T at t e acc'sed 'sed s'c falsified dispatc .

6&
T at t e 'se of t e falsi fied dispatc res'lted in t e pre/' dice of a t ird party or t

at t e 'se t ereof #as #it intent to ca'se s'c pre/'dice.
T e p' lic officer to e lia le m'st e en a ed in t e ser$ice of sendin or recei$in #ireless ca

le and tele rap or telep one messa e
Article !+"
*ALSI*ICATION O* ME7ICAL CERTI*ICATES. CERTI*CATES O* MERIT OR
SER3ICE AN7 T8E LI E#
•
(ersons lia-le#
a$ )hysician or surgeon who& in connection with the prac tice of his profession& issued
a false certificate 6note: such certificate must refer to the illness or in4ury of a
person7
'$ )u'lic officer who issued a false certificate of merit of service& good conduct or similar
circumstances
c$ )rivate individual who falsified a certificate under 657 and 6+7
Article !+'
USING *ALSE CERTI*ICATES
ELEMENTS#
That a ph!sician or s#rgeon has iss#e d a false medical certificate, or a p#blic
officer has iss#ed a false certificate of merit or service, good cond#ct, or
similar circ#mstances, or a private person had falsified an! of said certificates.
That the offender %new that the certificate was false.
That he #sed the same.
Article !+)
MANU*ACTURING AN7 (OSSESSION O* INTRUMENTS OR IM(LEMENTS *OR
*ALSI*ICATION#
Acts ,unisha-le#
6a%ing or introd#cing into the Ph ilippines an! stamps, dies or mar%s or oth er
instr#ments or implements for co#nterfeiting or falsification
Possessing with intent to #se the instr#ments or implements for co#nterfeiting or

falsification made in or introd#ced into the Philippines b! another person
T e implement confiscated need not form a complete set

Constr'cti$e possession is also p'nis ed
OT8ER *ALSITIES
Article !++
USUR(ATION O* AUT8ORITY OR O**ICIAL *UNCTIONS#
5 ways o committing the crime#

1y nowingly and falsely representing oneself to !e an officer/ agent or
representative of any department or agency of the 'hilippine gov@t or any
foreign gov@t.
6-
1y performing an act pert aining to any pers on in authority or pu!lic officer of the 'hil
gov@t or foreign gov@t under the pretense of such official position/ and
without !eing lawfully entitled to do so.
)n usurpation of authority: T e mere act of Hno#in ly and falsely representin

oneself is s'fficient. =ot necessary t at e performs an act pertainin to a p' lic officer.
Elements
-ffender %nowingl! and falsel! represents himself(
As an of ficer, agent or representative of an ! department or ag enc! of the

Philippine government or of an! foreign government.
)n usurpation of official functions: "t is essential t at t e offender s o'ld a$e performed an act
pertainin to a person in a't ority
Elements
-ffender performs an! act(
Pertaining to an ! person in a#thorit! or p# blic officer of th e Philippine

government or an! foreign government, or an! agenc! thereof(
>nder pretense of official position(
4.itho#t being lawf#ll! entitled to do so.
A pu'lic officer may also 'e an offender

The act performed without !eing lawfully entitled to do so must pertain: a. to t e o$Ft
. to any person in a't ority
c. to any p' lic office
7oreign government adverted to in this article refers to public officers duly authori)ed
to perform governmental duties in the 0hilippines. The law cannot refer to other foreign
governments as its application may bring us to legal problems which may infringe on
constitutional boundaries.
If the offender commits the acts of usurpation as contemplated herein, and he does it
because he is a rebel and pursuant to the crime of rebellion or insurrection or sedition,
he will not be liable under this article because what is attributed against him as a crime
of usurpation is in fact one of the elements of committing rebellion.
The elements of false pretense is necessary to commit the crime of usurpation of

official function.
Article !+2
USING *ICTITIOUS NAME AN7 CONCEALING TRUE NAME
ELEMENTS <using ictitious name@ #

That the offender #ses a name other than his real name.
That he #ses that fictitio#s name p#blicl!.
That the p#rpose of the offender is –

1. To conceal a crime,
%
2. To evade the e"ec#tion of a /#dgment, or

'. To ca#se damage to p#blic interest. &e". igning fictitio#s name for a passport)
The name of a person is what appears in his birth certificate. The name of a person
refers to his first name, surname, and maternal name. ny other name which a person
publicly applies to himself without authority of law is a fictitious name.
ELEMENTS <concealing true name@#

that the offender conceals –
his tr#e name, and
all other personal circ#mstances.
that the p#rpose is onl! to conceal his identit!.
What the offender does to violate or commit this act is for him to conceal his true
name and other personal circumstances. (is only motive in doing so is to conceal his
identity. In concealment of true name, the deception is done momentarily, just enough
to conceal the name of the offender. "n the use of fictitious name, the offender presents
himself before the public with another name.
person under investigation by the police who gives a false name and false personal
circumstances, upon being interrogated, is guilty of this crime.
Use o *ictitious Name <!+2@ Concealing True Name <!+2@

Element of p' licity m'st e present -' licity not necessary
-'rpose is to conceal a crime to e$ade t e -'rpose is to conceal identity
e ec'tion of a /'d ement or to ca'se dama e
Commonwealth Act No& !"5 <Regulating the Use o Aliases@

=o person s all 'se any name different from t e one #it # ic e #as re istered at irt in t e office of t e
local ci$il re istry or #it # ic e #as re istered in t e 'rea' of immi ration 'pon entry; or s'c s' stit'te name
as may a$e een a't oriIed y a competent co'rt.
"5ception: -se'donym solely for literary cinema tele$ision radio or ot er entertainment and in at letic
e$ents # ere t e 'se of pse'donym is a normally accepted practice.
Article !+4
ILLEGAL USE O* UNI*ORM OR INSIGNIA
ELEMENTS#
That the offender ma%es #se of insignia, #niform or dress.

That the insignia, #niform or dress pertains to an office not held b! the offender or
to a class of persons of which he is not a member.
That said insignia, #niform or dress is #sed p#blicl! and improperl!.
The wearing of a uniform, or insignia of a non+existing office or establishment is not a

crime. It is necessary that the uniform or insignia represents an office which carries
authority, respect, dignity, or influence which the public looks up to.
o al so an exact imitation of a uniform or dress is unnecessary ; a colora le resem lance calc'lated to

decei$e t e common r'n of people is s'fficient.
%1
The wearing of insignia, badge or emblem of rank of the members of the armed forced
of the 0hilippines or constabulary Fnow 0 0D is punished by 3epublic ct o. /B .
When the uniform or insignia is used to emphasi)e the pageantry of a play or drama
or in moving picture films, the crime is not committed.
Three orms o alse testimony
+alse testimony in criminal cases 'nder Article 1%* and 1%1;

+alse testimony in ci$il case 'nder Article 1%2;
+alse testimony in ot er cases 'nder Article 1%3.
'alse testimony" de%ined

It is the declaration under oath of a witness in a judicial proceeding which is
contrary to what is true, or to deny the same, or to alter essentially the truth.
Nature o% the crime o% %alse testimony.

It cannot be committed through reckless imprudence because false testimony
re5uires criminal intent or intent to violate the law is an essential element of the
crime.
$. If the false testimony is due to honest mistake or error or there was good faith in
making the false testimony, no crime is committed.
Article !26
*ALSE TESTIMONY AGAINST A 7E*EN7ANT
ELEMENTS#
That there be a criminal proceeding.
That the offender testifies falsel! #nder oath against the defendant therein.
That the offender who gives false testimon! %nows that it is false.
That the defendan t against whom the false testimon! is given is either ac #itted or
convicted in a final /#dgment & prescriptive period starts at this point)
"e*uires criminal intent& can@t 'e committed through negligence. =eed not imp'te 'ilt 'pon t
e acc'sed
T e defendant m'st at least e sentenced to a correctional penalty or a fine or m'st a$e

een ac@'itted
T e #itness # o a$e false testimony is lia le e$en if t e co'rt did not consider is
testimony
The probative value of the testimonial evidence is subject to the rules of evidence. It
may not be considered at all by the judge. &ut whether the testimony is credible or not
or whether it is appreciated or not in the context that the false witness wanted it to be,
the crime of false testimony is still committed, since it is punished not because of the
effect it produces, but because of its tendency to favor the accused. &People vs. 0e!es)
-enalty is dependent 'pon sentence imposed on t e defendant
Article !2!
*ALSE TESTIMONY IN *A3OR O* 7E*EN7ANT in a criminal case#
Elements#
%2
Aperson gives false testimon!(
n favorof the defendant(
n acriminalcase.
+alse testimony y ne ati$e statement is in fa$or of t e defendant
+alse testimony need not in fact enefit t e defendant
A statement of a mere opinion is not p'nis a le
Con$iction or ac@'ittal is not necessary (final /'d ement is not necessary). T e false
testimony need not infl'ence t e ac@'ittal
A defendant # o $ol'ntarily oes 'p on t e #itness stand and falsely imp'tes t e

offense to anot er person t e commission of t e offense is lia le 'nder t is article. "f
e merely denies t e commission of t e offense e is not lia le.
1asis of penalty: ra$ity of t e felony c ar ed a ainst t e defendant
Article !25
*ALSE TESTIMONY IN CI3IL CASES
ELEMENTS#
That the testimon! m#st be given in a civil case.
That the testimon! m#st relate to the iss#es presented in said case.
That the testimon! m#st be false.
That the false testimon! m#st be given b! the defendant %nowing the same to be false.
That the testimon! m#st be malicio#s and given with an int ent to affect the iss#es
presented in the said case
=ot applica le # en testimony i$en in a special proceedin (in t is case t e crime is

per/'ry)
1asis of penalty: amo'nt in$ol$ed in t e ci$il case
"istinctions between perjury and false testimony2

P'R(URY )*+S' T'ST,- /Y
!. on+judicial proceedings. !. ;iven in a judicial proceeding.
$. *tatement or testimony is re5uired by $. Testimony need not be re5uired by law.
law.
. mount involved is not material. . mount involved in civil cases is
material.
immaterial whether statement or It is always material in criminal
testimony is favorable or not to the cases.
accused.
Article!2:
*ALSE TESTIMONY IN OT8ER CASES AN7 (ER>URY IN SOLEMN A**IRMATION
ELEMENTS#
%3
That an acc#sed made a statement #nder oath or mad e an affidavit #pon a

material matter.
That the statement or affidavit was made before a competent officer, a#thori*ed to
receive and administer oath.
That in that statement or affidavit, the acc#sed made a willf#l and deliberate
assertion of a falsehood, and
That the sworn statement or affidavit containing the falsit! is re #ired b! law.
2 ways of committing per-ury: a. y

falsely testifyin 'nder oat
. y maHin a false statement
%u!ornation of per-ury:proc'res anot er to s#ear falsely.
%olemn affirmation: refers to non /'dicial proceedin s and affida$its
A false affida$it to a criminal complaint may i$e rise to per/'ry
Two contradictory sworn statements are not sufficient to convict the affiant for the
crime of perjury. There must be evidence to show which is false. The same must be
established or proved from sources other than the two contradictory statements.
&People vs. 3apistrano, 4; Phil. =;2)
A matter is material # en it is directed to pro$e a fact in iss'e
The test of materiality is whether a false statement can influence the court
&People vs. :na*il).
A 0competent person authorized to administer an oath means a person # o

as a ri t to in@'ire into t e @'estions presented to im 'pon matters 'nder
is /'risdiction
There is no perjury if the accused signed and swore the statement before a person
not authori)ed to administer oath &People vs. :ella <avid).
T ere is no per4ury through negligence or imprudence since t e assertion of false ood m'st
e #illf'l and deli erate
&ecause of the nature of perjury, which is the willful and corrupt assertion of a
falsehood, there is no perjury committed through reckless imprudence or simple
negligence under rticle -1. *ince admittedly perjury can only be
committed by means of dolo, then good faith or lack of malice is a good defense when one is indicted
for the crime of per#ury.
E$en if t ere is no la# re@'irin t e statement to e made 'nder oat as long as it is made for
a legal purpose& it is sufficient
9f there is no re,uirement of la$ to place the statement or testimony under oath# there is
no Per ury considering the phrases :oath in cases in $hich the la$ so re,uires; in !rticle 1&3.
The affidavit or sworn statement must be re5uired by law like affidavit of adverse
claim to protect one=s interest on real property# or an affidavit of good moral
character to take the bar examination. So if the affidavit was made but the same is not
required by law, even if the allegations are false, the crime of per#ury is not committed.
&<ia* vs. People, 1=1 30A 58)
%4
-er/'ry is an offense # ic co$ers false oat s ot er t an t ose taHen in t e co'rse of /'dicial

proceedin s
+alse testimony efore t e /'stice of t e peace d'rin t e -.". may i$e rise to t e
crime of per/'ry eca'se false testimony in /'dicial proceedin s contemplates an
act'al trial # ere a /'d ment of con$iction or ac@'ittal is rendered
A person # o Hno#in ly and #illf'lly proc'res anot er to s#ear falsely commits

su'ornation of per4ury and t e #itness s' orned does testify 'nder circ'mstances
renderin im 'ilty of per/'ry.
T e false testimony is not in a /'dicial proceedin
'alse testimony $s. Per(ury

When one testifies falsely before the court, the crime committed is false testimony. If
one testifies falsely in a non+judicial proceeding, the crime committed is per#ury. In false
testimony , it is not re5uired that the offender asserts a falsehood on a material matter. It is
enough that he testifies falsely with deliberate intent. In per#ury, the witness must testify or
assert a fact on a material matter with a full knowledge that the information given is
essentially contrary to the truth. 0aterial matter means the main fact which is the subject or
object of the in5uiry.
Article !2"
O**ERING *ALSE TESTIMONY IN E3I7ENCE
•
ELEMENTS#
a That the offender offered in evidence a false witness or false testimon!.
That he %new the witness or the testimon! was false.
c That the offer was made in a /#dicial or official proceeding.
T e false #itness need not e con$icted of false testimony. T e mere off er is s'fficient.
The offender in this article knows that the witness to be presented is a false witness or
that the witness will lie while testifying. The proceedings is either judicial or official.
There is a formal offer of testimonial evidence in the proceedings. The witness is able
to testify and the offender, knowing the testimony is given by the witness to be false,
nevertheless offers the same in evidence. In this case, the person offering the false
testimony must have nothing to do in the making of the false testimony. (e knows that
the witness
is false and yet he asks him to testify and thereafter offers the testimony in evidence. *o if the offeror, aside from being such,
is also the person
responsible in inducing or convincing the false witness to lie, rticle !6/ will not apply.
The applicable article will be rticle !6:, !6!, !6$, or !6 as the case may be. The offenders
in this case will be charged with perjury# the inducer as principal by inducement and
the induced party as the principal by direct participation.
It is for this reason that subornation o% per(ury is no longer treated as a specific felony
with a separate article of its own . evertheless, it is a crime defined and punished under the
3evised 0enal 4ode. The crime committed by one who induces another to testify falsely and
the person who agrees and in conspiracy with the inducer, testifies falsely, is perjury.
&People vs. Padol, 88 Phil.
'8 )
%5
*RAU7S
Article !2'
MAC8INATIONS IN (UBLIC AUCTION
ELEMENTS#
a That there be a p#blic a#ction.
! That the acc#sed solicited an! gift or a promise from an! of the bidders.
That s#ch gifts or promise was the consideration for his refraining from ta%ing part in that p#blic a#ction.
That the acc#sed had the intent to ca#se the red#ction of the price of the thing
a#ctioned.
ELEMENTS O* ATTEM(TING TO CAUSE BI77ERS TO STAY A1AY# a That

there be a p#blic a#ction.
! That the acc#sed attempted to ca#se the bidders to sta! awa! from that p#blic
a#ction c That it was done b! threats, gifts, promises, or an! other artifice.
That the acc#sed had the intent to ca#se the red#ction of the price of the thing
a#ctioned.
Article !2)
MONO(OLIES AN7 COMBINATIONS IN RESTRAINT O* TRA7E#
Acts ,unishe/#
Com!ination to prevent free competition in the mar et
Elements
ntering into an! contract or agreement or ta%ing part in an! conspirac! or

combination in the form of a tr#st or otherwise(
n restraint of trade or commerce or to prevent b! artificial means free competition

in the mar%et.
1y entering into a contract or agreement or ta ing part in any conspiracy or com!ination

in the form of a trust or otherwise/ in restraint of trade or
commerce or prevent !y artificial means free competition in the mar et6It is enough
that initial steps are ta/en$ It is not necessary that there 'e actual restraint of trade 7
$onopoly to restrain free competition in the mar et
Elements
:! monopoli*ing an ! merchandise o r ob/ect of tr ade o r commerce, or b!

combining with an! other person or persons to monopoli*e said
merchandise or ob/ect(
n order to alter the prices thereof b! spreading false r#mors or ma%ing #se of an!
other artifice(
%6
'.To restrain free competition in the mar%et
$anufacturer/ producer or processor or importer com!ining/ conspiring or agreeing with

any person to ma e transactions pre-udicial to lawful commerce or to increase the
mar et price of the merchandise.
Elements
6an#fact#rer, prod#cer, processor or importer of an! merchandise or ob/ect of

commerce(
3ombines, conspires or agrees with an! person(
P#rpose is to ma%e transactions pre/#dicial to lawf#l commerce or to increase the mar

%et price of an! merchandise or ob/ect of commerce man#fact#red, prod#ced,
processed, assembled or imported into the Philippines.
(erson s lia-le# a.
man'fact'rer
. prod'cer
processor
importer
Crime is committe/ -y#

com inin
. conspirin
a reein #it anot er person
The ,ur,ose is#

to maHe transactions pre/'dicial to la#f'l commerce
. to increase t e marHet price of any merc andise or o /ect of commerce
man'fact'red prod'ced processed assem led or imported into t e - il
Also lia-le as ,rinci,als#

corporationLassociation . a
entLrepresentati$e
directorLmana er B # o #illin ly permitted or failed to pre$e nt commission of a
o$e offense
Aggravated if items are:

food s' stance
. motor f'el or l' ricants
c. oods of prime necessity
Article !2+
IM(ORTATION AN7 7IS(OSITION O* *ALSELY MAR E7 ARTICLES OR
MERC8AN7ISE MA7E O* GOL7. SIL3ER. OR OT8ER (RECIOUS METALS
OR T8EIR ALLOYS
ELEMENTS#
a That the offender imports, sells or disposes of an! of those articles or merchandise.
That the stamps, brands, or mar%s or those articles or merchandise fails to indicate
the act#al fineness or #alit! of said metals or allo!s.
That the offender %nows that the said stamp, brand, or mar% fails to indicate the act#al
fineness or #alit! of the metals or allo!s.
To be criminally liable, it is important to establish that the offender knows the fact that
the imported merchandise fails to indicate the actual fineness or
%%
5uality of the precious metal. If the importer has no expertise on the matter such that
he has no way of knowing how the fraud was committed, the existence of such fact
may be seriously considered as a defense.
What the law punishes herein is the selling of misbranded goods made of gold,
silver and other precious metals. Therefore, it must be shown that the seller knows
that the merchandise is misbranded. (ence, dishonesty is an essential element of the
crime.
Article !22
SUBSTITUTING 0 ALTERING TRA7E=MAR . TR A7ENAME. OR SER3ICE MAR
Acts ,unisha-le#
a :! &a) s#bstit#ting the trade name &t$n) or trademar% &t$m) of some other
man#fact#rer or dealer or a colorable imitation thereof, for the t$n or t$m of the real
man#fact#rer or dealer #pon an! article of commerce and &b) selling the same.
:! selling or b! offering for sale s#ch article of commerce, %nowing that the t$n or t$m
has been fra#d#lentl! #sed
:! #sing or s#bstit#ting the service mar% of some other person, or a colorable imitation
of s#ch mar%s, in the sale or advertising of services
:! printing, lithographing or reprod#cing t$n, t$m or service mar% of one person, or a

colorable limitation thereof, to enable another person to fra#d#lentl! #se the same,
%nowing the fra#d#lent p#rpose for which it is to be #sed.
If a particular person is defrauded by the offender# as in the case of locally

manufactured goods, which the offender, by altering the label, are made to appear
as imported articles and sold to a particular person, the crime committed is
undoubtedly estafa as far as the particular person is concerned. &ut if the falsely
mislabeled goods are displayed in a store and offered for sale to the public in
general, the crime committed is punished under rticle !66. *o, if the deception is
isolated and is confined to a particular person or group of persons, estafa is committed.
"f the fraud is employed against the public, Article )11 is violated.
Must not be another manufacturer otherwise unfair competition
Take note that after making the substitution the goods are displayed in the store or
market for sale, rticle !66 is already committed even if no customer comes to buy any
of the goods on display. The mere offer for sale to the
public consummates the crime.
The pendency of the administrative aspect of the case is not a prejudicial 5uestion in
the resolution of the criminal case.
Article !24
UN*AIR COM(ETITION. *RAU7ULENT REGISTRATION O* TRA7ENAME.
TRA7EMAR SER3ICE MAR . *RAU7ULENT 7ESIGNATION O* ORIGIN. AN7 *ALSE
7ESCRI(TION
Acts ,unishe/#
a ?nfair competition y sellin is oods i$in t em t e eneral appearance of t e oods of anot er
man'fact'rer or dealer
%&
&raudulent designation of srcin false description y (a) affi in to is oods or 'sin in

connection #it is ser$ices a false desi nation of ori in; or any false description or
representation and ( ) sellin s'c oods or ser$ices
&raudulent registration y proc'rin fra'd'lently from t e patent office t e re istration of

tLm tLm or ser$ice marH.
ELEMENTS#
a That the offender gives his goods the general appearance of the goods of another
man#fact#rer or dealer
! That the general appearance is shown in the &a) goods themselves, or in the &b)
wrapping of their pac%ages, or in the &c) device or words therein, or in &d) an!
other feat#re of their appearance
That the offender offers to sell or sells those goods or gives other persons a chance or
opport#nit! to do the same with a li%e p#rpose.
That there is act#al intent to deceive the p#blic or defra#d a competitor.
'nder 3epublic ct o. !--, *ection $B, paragraph $, un%air competition is defined as

follows2 It consists in employing deception or any other means contrary to good faith
by which any person shall pass off the goods manufactured by him or in which he
deals, or his business, or services for those of the one having established goodwill, or
committing any acts calculated to produce such result.
The true test o% un%air competition is whether certain goods have been
clothed with an appearance which is likely to deceive the ordinary purchaser exercising
ordinary care. &>. . vs. 6an#el, Phil. 221)
2or unfair competition to take place , it mus t be th e manufacturer of the goods who will
cloth or label his goods with the trade name or trademark of another manufacturer, who has
established a good name or good will in the mind of the public because of the 5uality of the
merchandise manufactured by him. The imitator is also a manufacturer of the same kind of
product but of inferior quality . &y labeling his product with the trademark or trade name of
said manufacturer, he profits from the goodwill of another.
"f the labeling or clothing of the goods is not done by another manufacturer , the crime
committed is not unfair competition but substitution of trademark or trade name under rticle !
66.
When the honorable *upreme 4ourt declared that unfair competition is broader and
more inclusive than infringement of trade name or trademark. In
infringement of trade name or trademark , the offended party has a peculiar symbol or mark on his goods which is
considered a property right which must
therefore be protected. In unfair competition, the offended party has identified in the
mind of the public the goods he manufactures to distinguish it from the goods of the
other manufacturers. In infringement of trade name or trademark, the offender uses the
trade name or trademark of another in selling his goods, while in unfair competition, the
offender gives his goods the general appearance of the goods of another manufacturer and
sells the same to the public. & . pinner E 3o. vs. Few 9esslein 3orp., 4 Phil. 224)
TITLE *I3E
CRIMES RELATE7 TO O(IUM AN7 OT8ER (RO8IBITE7 7RUGS <!46=!4"@
COM(RE8ENSI3E 7ANGEROUS 7RUGS ACT O* 5665

<RA No& 4!)'@
%-
I& Acts(unisha-le#
a. importation of pro i ited dr' s
. sale administration deli$ery distri 'tion and transportation of pro i ited
dr' s
c. maintenance of a den di$e or resort for pro i ited dr' 'sers
d. ein employees or $isitors of dr' den
e. man'fact're of pro i ited dr' s
f. possession or 'se
. c'lti$ation of plants
. fail're to comply #it pro$isions relati$e to Heepin of records of prescription
i. 'nnecessary prescription
/. possession of opi'm pipe and ot er parap ernalia
H. "mportation sale etc. of re 'lated dr' s
7RUG SYN7ICATE B any or aniIed ro'p of t#o(2) or more persons formin or /oinin to et
er #it t e intention of committin any offense prescri ed 'nder t e act.
(LANTING O* E3I7ENCE B t e #illf'l act y any person of malicio'sly and s'rreptitio'sly

insertin placin addin or attac in directly or indirectly t ro' any o$ert or co$ert act #
ate$er @'antity of any dan ero's dr' andLor controlled prec'rsor and essential c
emical in t e person o'se effects or in t e immediate $icinity of an innocent indi$id'al
for t e p'rpose of implicatin incriminatin or imp'tin t e commission of any $iolation of
t is Act.
7 E A B - ilippine Dr' Enforcement 8nit
Im,ortation o ,rohi-ite/ regulate/ /rugs&
'"NA#TB : 7ife to deat fine of 5** *** to 1* million regardless of the Muantity and purity involved
$A )$?$ '"NA#TB :
se of diplomatic )assport +7
<inancier
Sale. a/ministration. /eli%ery. /istri-ution an/ transaction o ,rohi-ite/ regulate/ /rugs&
, NOT 1A)#A1#"
'"NA#TB : 7ife to deat fine of 5** *** to 1* million regardless of the Muantity and purity
involved 6 includes B"O E" 7
>ualifying Circumstances B
37 if t e $ictim of t e offense is a minor or s o'ld a pro i itedLre 'lated dr' in$ol$e in any
offense 'nder t is section e t e pro imate ca'se of t e deat of a $ictim t ereof t e ma
im'm penalty erein s all e imposed.
5@ <inancier
:@ ale made #it in 1**m from sc ool
Maintenance o a /en. /i%e. or resort or ,rohi-ite/ regulate/ /rug users&

)roperty escheated in favor of the government
>ualifying Circumstance B # ere a pro i itedLre 'lated dr' is administered deli$ered or
sold to a minor # o is allo#ed to 'se t e same in s'c place or s o'ld a pro i ited dr' e t e pro
imate ca'se of t e deat of t e person 'sin t e same in s'c den di$e or resort t e ma im'm of
t e penalty s all e imposed.
Manu acture o ,rohi-ite/ regulate/ /rugs&
(ossession o ,rohi-ite/ regulate/ /rugs&

&
'"NA#TB :
7ife to death < fine of 5 # to 1 million

1 gms. =pium# morphine# heroine# cocaine# mari uana resin and cstasy.
5 gms. habu
5 gms. >ari uana
b. 7ife 9mprisonment and a fine of P4 # . (P5 # .

1 (5 gms. habu
c. 2 years to 7ife and a fine of 4 # . (5 # .

5(1 gms. habu
# . (4 #
d. 12 ? 2 years and a fine of 3 .
7ess than 5 gms. =f any dangerous drugs
(ossession o ,ara,hernalia
6 mos. ? 4 yrs. < fine of 1 #? 5 #
?se of 9angerous 9rugs ? ! person apprehended or arrested# $ho is found to be

positi+e for use of any dangerous drug# after a confirmatory test# shall be imposed a
penalty of a minimum of si /60 months rehabilitation in a go+ernment center for the first
offense# sub ect to the pro+isions of !rticle @999 of this !ct.
9f apprehended using any dangerous drug act for the second time# heAshe shall suffer the
penalty of imprisonment ranging from si /60 years and one /10 day to t$el+e/120
years and a fine ranging from "ifty thousand pesos /P5 # . 0 to T$o hundred thousand pesos
/P2 # . 0
Pro+ided# That this section shall not be applicable $here the person tested is also found to
ha+e in hisAher possession such ,uantity of any dangerous drug pro+ided for under ection 11
of this !ct# in $hich case the pro+isions stated therein shall apply.
Culti%ation o ,lants which are sources o ,rohi-ite/ /rugs& Penalty

( 7ife to death and a fine of P5 # . to P1 >illion
a Note: T e landLportions t ereof andLor reen o'ses in # ic any of t e said plants is

c'lti$ate d or c'lt'red s all e confiscated and esc eated to t e tate 'nless t e o#ner t
ereof can pro$e t at e did not Hno# of s'c c'lti$ation or c'lt're despite t e e ercise of
d'e dili ence on is part.
>ualifying Circumstance B
"f t e land in$ol$ed is part of t e p' lic domain t e ma im'm of t e penalty erein
pro$ided s all e imposed.
Ma im'm penalty imposed on financier
*ailure to ?ee, recor/s o ,rescri,tion. sales. ,urchases. ac$uisitions an/ or /eli%eries

o ,rohi-ite/ regulate/ /rugs
'ersons lia!le:
- armacist - ysician Dentist &eterinarian Man'fact'rer : olesaler "mporter Distri
'tor Dealer etailer
Unlaw ul ,rescri,tion o ,rohi-ite/ regulate/ /rugs Penalty ? life to

death and a fine of P5 # to P1 >illion
Unnecessary ,rescri,tion o ,rohi-ite/ regulate/ /rugs

Penalty ? 12 to 2 years and fine of P1 # to P5 # plus re+ocation of license
&1
'ersons #ia!le# - ysician or dentist # o s all prescri e any pro i itedLre 'lated dr' for any
person # ose p ysicalLp ysiolo ical condition does not re@'ire t e 'se of t ereof.
Confiscation and forfeiture of the proceeds or instruments of the unlawful act,

including the properties of the proceeds derived from the illegal trafficking of
dangerous drugs.
"orfeited infa+or of the go+ernment
!fter the con+iction in the egional Trial Court in the appropriate criminal case filed# the
Court shall immediately schedule a hearing for the confiscation and forfeiture of all the
proceeds of the offense and all the assets and properties of the accused either o$ned
or held by him or in the name of some other persons if the same shall be found to be
manifestly out of proportion of hisAher income P rovided, however# That if the
forfeited property is a +ehicle# the same shall be auctioned off not later than fi+e /50
days upon order of confiscation or forfeiture.
)uring the pendency of the case in the egional Trial Court# no property# or income
deri+ed therefrom# $hich may be confiscated and forfeited# shall be disposed#
alienated or transferred and the same shall be in custodia legis and no bond shall be
admitted for the release of the same.
Custody and disposition of confiscated, seized and/or surrendered dangerous drugs
P !" in charge and custody for proper disposition

Procedure in isposal
!pprehending team immediately after sei*ure shall make physical in+entory and
photograph the sei*ed drugs in the presence of the accused or his counsel# a
representati+e of the media and )=B and any elected public official $ho shall sign the
copies of the in+entory.
'ithin 24 hours upon confiscationAsei*ure of dangerous drugs# such drug shall be

submitted to the P) ! forensic laboratory for a ,ualitati+e and ,uantitati+e e amination.
Certification of the forensic e amination results shall be issued $ithin 24 hours.
!fter the filing of the criminal case# the proper court shall conduct and ocular inspection $ithin %2
hours of the confiscated# sei*ed andAor surrendered dangerous drugs.
!fter ocular inspection by the court# P) ! shall destroy or burn the confiscated# sei*ed andAor surrendered dangerous drugs
$ithin 24 hours in the presence of the accused
or his counsel# representati+e of the media and the )=B# ci+il society groups and
any elected public officer.
P) ! shall issue a certification of such destruction and samples of the dangerous

drugs shall be submitted to the court.
Plea#$argaining
!ny person charged under any commission of this act regardless of the imposable
penalty shall not be allo$ed to a+ail of the pro+ision on plea(bargaining.
Probation %aw
&2
!ny person con+icted for drug trafficking regardless of the penalty imposed cannot
a+ail of the pri+ilege granted by the probation la$.
&ualifying "ggravating Circumstance

positi+e finding for the use of dangerous drugs shall be a ,ualifying aggra+ating
circumstance in the commission of a crime by an offender and the application of
the penalty pro+ided for in the PC.
-ossession of opi'm pipe e@'ipment apparat's or any parap ernalia fit or intended for
smoHin cons'min administerin in/ectin in estin or ot er#ise 'sin opi'm
or any ot er pro i ited dr' s all smoHed e prima facie e$idence t at t e possessor as to
cons'med administered imself in/ected or 'sed a pro i ited dr' .
Attempt and conspiracy to commit the following offenses: a

"mportation of dan ero's dr' s
ale administration deli$ery distri 'tion and transportation of dan ero's dr' s c
Maintenance of a den di$e or resort for pro i ited dr' s
d Man'fact're of dan ero's dr' s
e C'lti$ation or c'lt're of plants # ic are so'rces of pro i ited dr' s
Other ,ersons lia-le#
"f t e $iolation of t e A ct is committed y a partners ip corporation association

or any /'dicial person t e partner president director or mana er # o consents to
or Hno#in ly tolerates s'c $iolation s all e eld criminally lia le as co principal.
-artner president director mana er officer or stocH older # o Hno#in ly a't oriIes
tolerates or consents to t e 'se of a $e icle $essel or aircraft as an instr'ment in
t e importation sale deli$ery distri 'tion or transportation of dan ero's dr' s or to t
e 'se of t eir e@'ipment mac ines or ot er instr'ments in t e man'fact're of any
dan ero's dr' s if s'c $e icle $essel aircraft e@'ipment or ot er instr'ment is
o#ned or 'nder t e control and s'per$ision of t e partners ip corporation
association or /'dicial entity to # ic t ey are affiliated.
Criminal lia-ility o a ,u-lic o icer or em,loyee or misa,,ro,riation. misa,,lication or

ailure to account or the con iscate/. seiDe/ an/ or surren/ere/ /angerous /rugs
(enalty life to deat and a fine of -5** ***.** to -1* Million in addition to a sol'te perpet'al
dis@'alification from any p' lic office.
Any electi$e local or national official fo'nd to a$e enefited from t e proceeds of t e
trafficHin of dan ero's dr' s or a$e recei$ed any financial or material contri 'tions
from persons fo'nd 'ilty of dr' trafficHin dan ero's dr' s s all e remo$ed from office
and perpet'ally dis@'alified from oldin any electi$e or appointi$e positions in t e
o$ernment.
(lanting o E%i/ence
Any person # o is fo'nd 'ilty of plantin any dan ero's dr' re ardless of t e @'antity
and p'rity s all s'ffer t e penalty of death.
7rug Testing
1. Applicants for dri$erFs license mandatory
&3
Applicants for firearms license and for permit to carry mandatory
t'dents of secondary and tertiary sc ools B random (sc ool s all s o'lder e penses)
>fficers and employees of pri$ate and p' lic offices B random (employer s all s
o'lder e penses)
Any officer or employee fo'nd positi$e for 'se of dan ero's dr' s all e dealt #it
administrati$ely # ic s all e a ro'nd for s'spension or termination s' /ect to Art. 2%2
of t e 7a or Code and pertinent pro$isions of t e Ci$il er$ice 7a#.
>fficers and mem ers of t e military police and ot er la# enforcement a encies B
ann'al mandatory
All persons c ar ed efore t e prosec'torFs office #it a criminal offense a$in an

impossi le penalty of imprisonment of not less t an si (6) years and one (1) day s
all a$e to 'nder o a mandatory dr' test
All candidates for p' lic office # et er appointed or elected ot in t e national or local
o$ernment s all 'nder o a mandatory dr' test.
Issuance o *alse or rau/ulent /rug test results <whether will ully or through gross
negligence@
(enalty B 6 to 12 years and fine -1** ***.** to -5** ***.**

Additional penalty B re$ocation of license to practice and clos're of t e dr' testin center
II& <or the purpose of enforcing the provisions of this Act& all school heads& supervisors and teachers shall 'e
deemed to 'e persons in authority and& as
such& are vested with the power to apprehend& arrest& or cause the apprehension
or arrest of any person who shall violate any of the said provision$
NOT": T ey s all e considered as persons in a't ority if t ey are in t e sc ool or #it in its
immediate $icinity or eyond s'c immediate $icinity if t ey are in attendance in any
sc ool or class f'nction in t eir official capacity as sc ool eads s'per$isors or teac
ers.
. Any teac er or sc ool employee # o disco$ers or finds t at any person in t e

sc ool or #it in its immediate $icinity is $iolatin t is Act s all a$e t e d'ty to
report t e $iolation to t e sc ool ead or s'per$isor # o s all in t'rn report t e
matter to t e proper a't orities. +ail're to report in eit er case s all after earin
constit'te s'fficient ca'se for disciplinary action.
III& Rules regar/ing reha-ilitation o /rug /e,en/ents
3oluntary su-mission
&ol'ntary s' mission of a dr' dependent to confinement treatment and
re a ilitation y t e dr' dependent imself or t ro' is parent 'ardian or relati$e #it in
t e 4 t ci$il de ree of consan 'inity or affinity in a center and compliance #it s'c
conditions t erefor as t e Dan ero's Dr' s ?oard may prescri e s all e empt from
criminal lia ility for possession or 'se of t e pro i itedLre 'lated dr' . <A,,lica-le
only to those lia-le or use o /angerous /rugs an/ not to ,ossession an/ sale@
. o'ld t e dr' depe ndent escape from t e cente r e may s' mit imself for
confinement #it in 1 #eeH from t e date of is escape of is parent 'ardian or
relati$e may #it in t e same period s'rrender im for confinement.
&4
8pon application of t e ?oard t e Co'rt s all iss'e an order for recommitment if t e dr'
dependent does not res' mit imself for confinement or if e is not s'rrendered for
recommitment.
"f s' se@'ent to s'c recommitment e s o'ld escape a ain e s all no lon er e e empt
from criminal lia ility for t e 'se or possession of any dan ero's dr' .
"f a person c ar ed #it an offense is fo'nd y t e fis cal or y t e Co' rt at any sta e of t
e proceedin s to e a dr' dependent t e fiscal or co'rt as t e case may e s all
s'spend all f'rt er proceedin s and transmit records of t e case to t e ?oard.
After is re a ilitation e s all e prosec'ted for s'c $iolation. "n case of con$iction t e /'d
ement s all if t e acc'sed is certified y t e treatment and re a ilitation center to
a$e maintained ood e a$ior indicate t at e s all e i$en f'll credit for t e period e
#as confined in t e center.
NOT"# : en t e offense is 'se of dan ero's dr' s and t e acc'sed is not a recidi$ist t e
penalty t ereof s all e deemed to a$e een ser$ed in t e center 'pon is release t
erefrom.
. T e period of pres cription of t e offe nse c ar ed s all not r'n d'r in t e time t at t
e respondentLacc'sed is 'nder detention or confinement in a center.
(e*uisites of suspension of sentence for first offense in a minor:
"f acc'sed is a minor ('nder 1% years of a e at t e time of t e commission of t e

offense 't not more t an 21 years of a e # en t e /'d ement s o'ld
a$e een prom'l ated.
0e as not een pre$io'sly con$icted of $iolatin any pro$ision of t is Act or of t e
-C or placed on pro ation.
entence s all e deferred and t e acc'sed s all e placed on pro ation

'nder t e s'per$ision of t e ?oard.
"n case of $iolation of conditions of pardon co'rt s all prono'nce /'d ment
of con$iction and e s all ser$e sentence.
"f acc'sed did not $iolate conditions of pro ation case s all e dismissed
'pon e piration of t e desi nated period.
Com,ulsory su-mission
"f a person c ar ed #it an offense # ere t e imposa le penalty is imprisonment of not
more t an si (6) years and one (1) day and is fo'nd y t e prosec'tor or y t e co'rt at any
sta e of t e proceedin s to e a dr' dependent t e prosec'tor of t e co'rt as t e case may e
s all s'spend all f'rt er proceedin s and transmit copies of t e record of t e case to t e ?
oard.
>uris/iction O%er 7angerous 7rug Cases
ection =;. #risdiction – The upreme Court shall designate special courts from among the
e isting egional Trial Court in each udicial region to e clusi+ely try and hear cases in+ol+ing
+iolations of this !ct. The number of court designated in each udicial region shall be based
on population and the number of cases pending in their respecti+e urisdiction.
The )=B shall designate special prosecutors to e clusi+ely handle cases in+ol+ing
+iolations of this !ct.
&5
The preliminary in+estigation of cases filed under this !ct shall be terminated $ithin
a period of thirty /3 0 days from the date of their filing.
'hen the preliminary in+estigation is conducted by a public prosecutor and a probable cause is
established# the corresponding information shall be filed in court $ithin 24 hours from the
termination of the in+estigation. 9f the preliminary in+estigation is conducted by a udge and a
probable cause is found to e ist# the corresponding information shall be filed by the proper
prosecutor $ithin 4& hours from the receipt of the records of the case.
ection =1. 0esponsibilit! and Liabilit! of Law nforcement Agencies and -ther
Government -fficials and mplo!ees Testif!ing as Prosec#tion itnesses in
<angero#s <r#gs 3ases – !ny member of la$ enforcement agencies or any other
go+ernment official and employees $ho# after due notice# fails or refuses intentionally or
negligently# to appear as a $itness for the prosecution in any proceedings# in+ol+ing
+iolations of this !ct# $ithout any +alid reason# shall be punished $ith imprisonment of not
less than t$el+e /120 years and one /10 day to 2 years and a fine of not less than P5 # . # in
addition to the administrati+e liability heAshe may be meted out by hisAher immediate
superior andAor appropriate body.
The immediate superior of a member of the la$ enforcement agency or any other
go+ernment employee mentioned in the preceding paragraph shall be penali*ed $ith
imprisonment of not less than t$o /20 months and one /10 day but not more than si /60
years and a fine of not less than P1 # . but not more than P5 # and in addition#
perpetual absolute dis,ualification from public office if despite due notice to them and
to the $itness concerned# the former does not e ert reasonable effort to present the
latter to the court.
The member of the la$ enforcement agency or any other go+ernment employee
mentioned in the preceding paragraphs shall not be transferred or re(assigned to any
other territorial urisdiction during the pendency of the case in court. o$e+er# the
concerned member of the la$ enforcement agency or go+ernment employee may be
transferred or re(assigned for compelling reasons Provided, That hisAher immediate
superior shall notify the court $here the case is pending of the order of transfer or
re(assign# $ithin 24 hours from its appro+al Provided further# That hisAher immediate
superior shall be penali*ed $ith imprisonment of not less than t$o /20 months and
one /10 day but not less than si /60 years and a fine of not less than P1 # . but not
more than P5 # . and in addition# perpetual absolute dis,ualification from public office#
should heAshe fail to notify the court of such order to transfer or re(assign.
Prosecution and punishment under this ection shall be $ithout pre udice to any liability
for +iolation of any e isting la$.
ection =2. <ela! and :#ngling in the Prosec#tion of <r#g 3ases. C Any o$ernment officer or employee
tasHed #it t e prosec'tion of dr' related cases 'nder t is Act # o
t ro' patent la ity ine c'sa le ne lect 'nreasona le delay or deli erately ca'ses t e
'ns'ccessf'l prosec'tion andLor dismissal ran in from 12 years and 1 day to 2* years #it
o't pre/'dice to isL er prosec'tion 'nder t e pertinent pro$isions of t e e$ised -enal Code.
1uy 1ust Operation B no la# or r'le to re@'ire policemen to adopt a 'niform #ay of
identifyin ?89 M>=E9 &P v. Abedes)
A sence of 'ltra$iolet po#der is not fatal in t e prosec'tion
Transportation importation of #PB immaterial # et er t ere may or may not e a distinction

for t e MK
9istinguish "ntrapment and )nstigation:

&6
"f prosec'tion can pro$e t e crime #it o't presentin t e informer or asset B not
necessary eca'se t eir testimonies are merely corro orati$e. -ose'r 'yer B it
depends on # et er t e prosec'tion can pro$e t e crime #it o't t eir
testimonies &P v. 0osalinda 0amos)
8nder t e A special aggravating circumstance if a crime as een committed # ile t e

acc'sed #as i on dr' s &P v. Anthon! :elgar)
0elivery or .ale of )rohi'ited 0rugs B t e acc'sed m'st e a#are t at # at e is sellin or

deli$erin #as pro i ited dr' . ?'t t e moment t e fact of sale or deli$ery is pro$ed y
prosec'tion t e 'rden to pro$e t at t e acc'sed is not a#are t at dr' s are pro i ited
falls on t e defense &P v. Aranda)
P v. Angelito 6analo B 'rden of pro$in t e a't or ity to possess s a ' is a matter of

defense
P v. 9ilario 6oscaling B co'rt may taHe /'dicial notice of t e #ord s a 'G
Criminal lia'ilities of a policeman who sold the drugs confiscated from a pusher
$iolation of A 165 and mal$ersation 'nder -C.
'lanting evidence B to implicate anot er
1uy 1ust Operation B form of entrapment &P v. Alberto) B not necessary to a$e prior
police s'r$eillance &P v. 3arlos +ranca)
'ossession B constr'cti$e or act'al B not necessary to add'ce t e marHed money as

e$idence &P v. 0omeo 6acara)
%eparate crimes B saleLpossession of MK fo'nd in is possession after e #as frisHed

't e canFt e con$icted for possession of MK t at e sold
If victim is minor or drug is proximate cause of deathB ma penalty is imposed
<irst offense of a minor B s'spension of sentence
CON7ITIONS#
'nder 1% at time of commission 't not more t an 21 at time # en /'d
ment #as prom'l ated
fo'nd 'ilty of possession or 'se of pro i ited or re 'lated dr' s
not een pre$io'sly con$icted of $iolatin any pro$ision of t is Act or t e -C
not een placed on pro ation
defer sentence place on pro ation for 6 mont s to 1 year
$iolation of pro ation B prono'nce sentence B con$ict and ser$e sentence
no $iolation B disc ar e im and dismiss t e proceedin
if minor is dr' dependent B commit to a center for treatment and re a

ilitation
&%
TITLE SI
CRIMES AGAINST (UBLIC MORALS
Crimes against ,u-lic morals
Jam lin (Art. 1 5);

"mportation sale and possession of lottery ticHets or ad$ertisements (Art. 1 6);
?ettin in sport contests (Art. 1 !);
"lle al ettin on orse races (Art. 1 %);
"lle al cocHfi tin (Art. 1 );
Jra$e scandal (Art. 2**);
"mmoral doctrines o scene p' lications and e i itions (Art. 2*1); and &a
rancy and prostit'tion (Art. 2*2).
Article !4'& 1hat Acts Are (unisha-le in Gam-ling
Acts ,unishe/
Ta/ing part directly or indirectly in ;
any ame of monte /'eten or any ot er form of lottery policy anHin or percenta e
ame do races or any ot er ame or sc eme t e res'lts of # ic depend # olly
or c iefly 'pon c ance or aIard; or # erein #a ers consistin of money
articles of $al'e or representati$e of $al'e are made; or
. t e e ploitation or 'se of any ot er mec anical in$ention or contri$ance to

determine y c ance t e loser or #inner of money or any o /ect or
representati$e of $al'e;
no#in ly permittin any form of am lin to e ca rried on in an y place o#ned or controlled

y t e offender;
?ein maintainer cond'ctor or anHer in a ame of /'eten or similar ame;
no#in ly and #i t o't la#f'l p'rpose possessin lottery list paper or ot er matter containin
letters fi 'res si ns or sym ol # ic pertain to or are in any manner 'sed in t e ame
of /'eten or any similar ame.
)hat is gambling?
It is a game or device or method, the result of which depends wholly or chiefly
upon chance or ha)ard. *o, if the game depends wholly upon skill or ability of the
players, there is no gambling.
The manner of determining whether the game played is prohibited or not is whether
the result will depend wholly or chiefly upon chance or ha)ard.
&&
*ignificantly, if the game has been identified and declared as a form of gambling by
express provision of law, there will be no need or re5uirement to go into the methods
upon how the game is played.
)hat is lottery?
It is a scheme for the distribution of pri)es by chance among persons who
have paid, or agreed to pay, a valuable consideration for a chance to obtain a pri)e.
&> vs. +ilart, et al., '; Phil. 5;)
0inball machines or slot machines are considered gambling devices because the
result depends upon chance or ha)ard.
If the pri)es do not come out of the funds or contributions of the participants, there is
no lottery.&>! vs. Palomar, 2 30A 25 )
Article !4)&
IM(ORTATION. SALE AN7 (OSSESSION O* LOTTERY TIC ETS OR
A73ERTISEMENTS
Acts ,unishe/
)mporting into the 'hilippines from any foreign place or port any lottery tic et or
advertisement or
2. %elling or distri!uting the same in connivance with the importer
'ossessing/ nowingly and with intent to use them/ lottery tic ets or advertisements or
%elling or distri!uting the same without connivance with the importer of the same.
=ote t at possession of any lottery ticHet or ad$ertisement is prima facie e$idence of an intent to
sell distri 'te or 'se t e same in t e - ilippines.
Article !4+&
BETTING IN S(ORT CONTESTS
T is article as een repealed y (resi/ential 7ecree No& "2: <Betting. Game= iFing or (oint= sha%ing
an/ Machinations in S,ort Contests@#
(ENALIHING BETTING. GAME=*I ING OR (OINT=S8A3ING AN7

MAC8INATIONS IN S(ORTS CONTESTS
(7 "2:
Acts (unisha-le#
1etting: ?ettin money or any o /ect or article of $al'e of representati$e $al'e 'pon t e
res'lt of any ame races and ot er sports contests.
ame,fi5ing: any arran ement com ination sc eme or a reement y # ic t e res'lt of any ame
races or sports contests s all e predicated andLor Hno#n ot er t an on t e asis of t e
onest playin sHill or a ility of t e players or participants.
'oint,shaving: any s'c arran ement com ination sc eme or a reement y

# ic t e sHill or a ility of any player or participant in a fame races or sports
&-
contests to maHe points of scores s all e limited deli erately in order to

infl'ence t e res'lt t ereof in fa$or of one or ot er team player or participant.
ame $achination: any ot er fra'd'lent deceitf'l 'nfair or dis onest means met od manner or
practice employed for t e p'rpose of infl'encin t e res'lt of any ame races or sports
contest.
Article !42&
ILLEGAL BETTING ON 8ORSE RACE
Acts ,unishe/
?ettin on orse races d'rin periods not allo#ed y la#;
Maintainin or employin a totaliIer or ot er de$ice or sc eme for ettin on races

or realiIin profit t erefrom d'rin t e periods not allo#ed y la#.
When horse races not allowed:
K'ly 4 ( ep' lic Act =o. 13!);
Decem er 3* ( ep' lic Act =o. 22 );
Any re istration or $otin days ( ep' lic Act =o. 1%* e$ised Election Code); and
0oly T 'rsday and Jood +riday ( ep' lic Act =o. 46).
Article !44&
ILLEGAL COC *IG8TING
T is article as een modified or repealed y (resi/ential 7ecree No& ""4 <The Coc? ighting Law o !
4+"@#
COC *IG8TING LA1 O* !4+"

(7 ""4
Sco,e B T is la# s all o$ern t e esta lis ment operation maintenance and o#ners ip of
cocHpits.
II& Rules#
>nly +ilipino citiIens not ot er#ise in i ited y e istin la#s s all e allo#ed to o#n
mana e and operated cocHpits.
>nly one cocHpit s all e allo#ed in eac city or m'nicipality #it a pop'lation of 1**
*** or less.
CocHpits s all e constr'cted and operated #it in t e appropriate areas as prescri

ed in t e Uonin 7a# or ordinance.
When allowed:
CocHfi tin s all e allo#ed only in licensed cocHpits d'rin 'ndays and le al
olidays and d'rin local fiestas for not more t an 3 days; or
-
D'rin pro$incial city or m'nicipal a ric'lt'ral commercial or ind'strial fair

carni$al or e position for a similar period of 3 days 'pon resol'tion of t e
pro$ince city or m'nicipality # ere s'c fair carni$al or e position is to e eld
s' /ect to t e appro$al of t e C ief of Consta 'lary or is a't oriIed
representati$e.
#imitations:
=o cocHfi tin on t e occasion of s'c fair carni$al or e position s all e allo#ed
#it in t e mont of t e local fiesta or for more t an 2 occasions a year in t
e same city of m'nicipality.
) =o cocHfi tin s all e eld on Decem er 3* K'n e 12 =o$em er 3* 0oly T

'rsday Jood +riday Election Day and d'rin re istration days for s'c
electionLreferend'm.
"f t e p'rpose is for t e entertainment of forei n di nitaries or for to'rists or for

ret'rnin aliH ayans or for t e s'pport of national f'nd raisin campai ns for c
arita le p'rposes as may e a't oriIed y t e >ffice of t e -resident 'pon
resol'tion of a pro$incial oard city or m'nicipal co'ncil in licensed
cocHpits or in play ro'nds or parHs.
#imitations: T is pri$ile e s all e e tended for only one time for a period not e
ceedin 3 days #it in a year to a pro$ince city or m'nicipality.
=o am lin of any Hind s all e permitted on t e premises of t e cocHpit or place

of cocHfi tin d'rin cocHfi ts.
+. City or m'nic ipal mayors are a't oriIed to iss'e licenses for t e opera tion
and maintenance of cocHpits.
(resi/ential 7ecree No& !)65 <Sim,li ying an/ (ro%i/ing Sti er (enalties or
3iolations o (hili,,ine Gam-ling Laws@
Section !& &iolations and -enalties. T e penalty of prision mayor in its medi'm de ree or a
fine ran in from +i$e 0'ndred -esos to T#o T o'sand -esos and in case of recidi$ism t e penalty of
prision correccional in its medi'm de ree or a fine of ran in from >ne T o'sand -esos to i T o'sand
-esos s all e imposed 'pon
Any person ot er t an t ose referred to in t e s'cceedin s' section # o in any manner s all
directly or indirectly taHe part in any ame of cocHfi tin /'eten ooHies (/ai alai or orse racin to incl'de
ame fi in ) and ot er lotteries cara y cr'I or pompian and t e liHe lacH /acH l'cHy nine p'soyG or
'ssian -oHer monte accarat and ot er card ames palH @'e domino ma /on i and lo# slot mac ines
ro'lette pin all and ot er mec anical in$entories or de$ices do racin oat racin car raisin and ot er
races asHet all $olley all o in se$en ele$en dice ames and t e liHe and ot er contests to incl'de
ame fi in point s a$in and ot er mac inations anHin or percenta e ame or any ot er ame or sc eme
# et er 'pon c ance or sHill # ic do not a$e a franc ise from t e national o$ernment
# erein #a ers consistin of money articles of $al'e of representati$e of $al'e are made;
( ) Any person # o s all Hno#in ly permit any form of am lin referred to in t e precedin s'
di$ision to e carried on in in a ited or 'nin a ited places or any 'ildin $essel or ot er means of
transportation o#ned or controlled y im. "f t e place # ere am lin is carried on as a rep'tation of a am
lin place or t at pro i ited am lin is fre@'ently carried on t erein or t e place is a p' lic or o$ernment
'ildin or aran ay all t e c'lprit s all e p'nis ed y t e penalty pro$ided for in its ma im'm period and a
fine of i T o'sand -esos.
T e penalty of prision correccional in its ma im'm de ree and a fine of i T o's and -esos s all
e imposed 'pon t e maintainer cond'ctor of t e a o$e am lin sc emes.
T e penalty of prision mayor in its medi'm de ree and temporary a sol'te dis@'alification
and a fine of i T o'sand -esos s all e imposed if t e maintainer cond'ctor or
-1
anHer is a o$ernment official or if a player promoter referee 'mpire /'d e or coac in cases of ame fi
in point s a$in and ot er ame mac ination.
T e penalty of prision correccional in its medi'm de ree and a fine ran in from +i$ e 0'ndred
pesos to T#o T o'sand -esos s all e imposed 'pon any person # o s all Hno#in ly and #it o't la#f'l
p'rpose in any o'r of any day s all a$e in is possession any lottery list paper or ot er matter
containin letter fi 'res si ns or sym ols # ic pertain to or in any manner 'sed in t e ame of /'eten /ai
alai or orse racin ooHies and similar ame or lottery # ic as taHen place or a o't to taHe place.
Section 5& ?aran ay >fficial. B Any aran ay official in # ose /'risdiction s'c am lin o'se is
fo'nd and # ic o'se as t e rep'tation of a am lin place s all s'ffer t e
penalty of prision correccional in its medi'm period and a fine ran in from +i$e 0'ndred to T#o T
o'sand -esos and temporary a sol'te dis@'alifications.
: ile t e acts 'nder t e e$ised -enal Code are still p'nis ed 'nder t e ne# la# yet t e concept of am
lin 'nder it as een c an ed y t e ne# am lin la#.
?efore t e e$ised -enal Code considered t e sHill of t e player in classifyin # et er a ame is am lin or
not. ?'t 'nder t e ne# am lin la# t e sHill of t e players is immaterial.
Any ame is considered am lin # ere t ere are ets or #a ers placed #it t e ope to #in a priIe t erefrom.
8nder t is la# e$en sports contents liHe o in #o'ld e am lin insofar as t ose # o are ettin t erein
are concerned. 8nder t e old penal code if t e sHill of t e player o't#ei s t e c ance or aIard
in$ol$ed in #innin t e ame t e ame is not considered am lin 't a sport. "t #as eca'se of t is t at
ettin in o in and asHet all ames proliferated.
8nless a't oriIed y a franc ise any form of am lin is ille al.G o said t e co'rt in t e recent resol'tion of t
e case a ainst t e operation of /ai alai.
T ere are so called parlor ames # ic a$e een e empted from t e operation of t e decree liHe # en t e
ames are played d'rin a #aHe to Heep t e mo'rners a#aHe at ni t. -'rs'ant to
memorand'm circ'lar iss'ed y t e E ec'ti$e ?ranc t e offs oot of t e e emption is t e intentional
prolon in of t e #aHe of t e dead y am lin lords.
As a eneral r'le ettin or #a erin determines # et er a ame is am lin or not. E ceptions T ese are
ames # ic are e pressly pro i ited e$en #it o't ets. Monte /'eten or any form of lottery; do races; slot
mac ines; t ese are a it formin and addicti$e to players rin in a o't t e pernicio's effects to t e family
and economic life of t e players.
Mere possession of lottery ticHets or lottery lists is a crime p'nis ed also as part of am lin . 0o#e$er
it is necessary to maHe a distinction # et er a ticHet or list refers to a past date or to a f't're date.
"ll'stration
#as acc'sed one ni t and fo'nd in is possessi on #as a list of /'eten . "f t e date t erein refers to t e
past cannot e con$icted of am lin or ille al possession of lottery list #it o't pro$in t at s'c ame #as
indeed played on t e date stated. Mere possession is not eno' . "f t e date refers to t e f't're can e
con$icted y t e mere possession #it intent to 'se.
T is #ill already rin a o't criminal lia ility and t ere is no need to pro$e t at t e ame #as played on t e
date sta ted. "f t e possessor #as ca' t c ances are e #ill not o on #it it anymore.
T ere are t#o criteria as to # en t e lottery is in fact ecomes a am lin ame
"f t e p' lic is made to pay not only for t e merc andise t at e is 'yin 't also for t e c ance to #in a priIe
o't of t e lott ery lottery ecomes a am lin ame. -' lic is made to pay a i er price.
"f t e merc andise is not salea le eca'se of its inferior @'ality so t at t e p' lic act'ally does not 'y t em
't #it t e lottery t e p' lic starts patroniIin s'c merc andise. "n effect t e p' lic is payin for t e
lottery and not for t e merc andise and t erefore t e lottery is a am lin ame. -' lic is not made
to pay a i er price.
-2
"ll'strations
A certain s'permarHet #anted to increase its sales and spo nsored a lottery # ere $al'a le prices are
offered at staHe. To defray t e cost of t e prices offered in t e lottery t e mana ement
increased t eir prices of t e merc andise y 1* cents eac . : ene$er someone 'ys from t at
s'permarHet e pays 1* cents more for eac merc andise and for is p'rc ase e ets a co'pon #
ic is to e dropped at desi nated drop o es to e raffled on a certain period.
T e increase of t e price is to ans#er for t e cost of t e $al'a le prices t at #ill e co$ered at

staHe. T e increase in t e price is t e consideration for t e c ance to #in in t e lottery and t at
maHes t e lottery a am lin ame.
?'t if t e increase in prices of t e articles or commodities #as not eneral 't only on certain
items and t e increase in prices is not t e same t e fact t at a lottery is sponsored does not
appear to e tied 'p #it t e increase in prices t erefore not ille al.
Also in case of man'fact'rers yo' a$e to determine # et er t e increase in t e price #as d'e to
t e lotte ry or ro' t a o't y t e normal price inc rease. "f t e increase in price is ro' t a o't y t e
normal price increase Oeconomic factorP t at e$en #it o't t e lottery t e price #o'ld e liHe t
at t ere is no consideration in fa$or of t e lottery and t e lottery #o'ld not amo'nt to a am lin
ame.
"f t e increase in t e price is d'e partic'larly to t e lottery t en t e lottery is a am lin ame. And
t e spons ors t ereof may e prosec'ted for ille al am lin 'nder -residential Decree =o. 16*2.
T e merc andise is not really salea le eca'se of its inferior @'ality. A certain man'fact'rer ? ey
Company man'fact're ci arettes # ic is not salea le eca'se t e same is irritatin to t e t roat
sponsored a lottery and a co'pon is inserted in e$ery pacH
of ci arette so t at one # o 'ys it s all a$e a c ance to parti cipate. D'e to t e
co'pons t e p' lic started 'yin t e ci arette. Alt o' t ere #as no price increase in t e ci arettes t e lottery can e
considered a am lin ame eca'se t e 'yers #ere
really after t e co'pons not t e lo# @'ality ci arettes.
"f #it o't t e lottery or raffle t e p' lic does not patroniIe t e prod'ct and starts to patroniIe t
em only after t e lottery or raffle in effect t e p' lic is payin for t e price not t e prod'ct.
8nder t is decree a aran ay captain # o is responsi le for t e e istence of am lin dens in t eir o#n
locality #ill e eld lia le and dis@'alified from office if e fails to prosec'te t ese am lers. ?'t t is is not
ein implemented.
Jam lin of co'rse is le al # en a't oriIed y la#.
+'nd raisin campai ns are not am lin . T ey are for c arita le p'rposes 't t ey a$e to o tain a permit
from Department of ocial :elfare and De$elopment. T is incl'des concerts for ca'ses C ristmas
carolin and t e liHe.
O**ENSES AGAINST 7ECENCY AN7 GOO7 CUSTOMS
Article 566
GRA3E SCAN7AL
ELEMENTS#
-ffender performs an act
Act is highl! scandalo#s as offending against decenc! or good c#stoms
9ighl! scandalo#s cond#ct does no t e"pressl! fall with in an! othe r article of the
0P3
-3
3ommitted in a p#blic place or within the p#blic %nowledge or view. & The pu'lic view
is not re*uired& it is sufficient if in pu'lic place$ <or pu'lic /nowledge& it may occur
even in a private place- the num'er of people who sees it is not material).
rave scandal: consists of acts # ic are offensi$e to decency and ood c'stoms.
T ey are committed p' licly and t 's i$e rise to p' lic scandal to persons # o a$e
accidentally #itnessed t e acts
The crime of grave scandal is a crime against public morals .

ecessarily, the offender must commit the crime in a public place or within the view of the
public.
)n grave scandal t e scandal in$ol$ed refers to moral scandal offensi$e to decency alt o' it does not
dist'r p' lic peace. ?'t s'c cond'ct or act m'st e open to t e p' lic $ie#.
)n alarms and scandals t e scandal in$ol$ed refers to dist'r ances of t e p' lic tran@'ility and not to
acts offensi$e to decency.
9ecency: means properly o ser$in t e re@'irements of modesty ood taste etc
Customs: refers to esta lis ed 'sa e social con$entions carried on y tradition and enforced y
social disappro$al in case of $iolation
"f t e acts complained of are p'nis a le 'nder anot er pro$ision of t e -C Art 2** is not
applica le
Any act # ic is notorio'sly offensi$e to decency may rin a o't criminal lia ility for t e crime of ra$e
scandal pro$ided s'c act does not constit'te some ot er crime 'nder t e e$ised -enal Code. !rave
scandal is a crime of last resort$
T e essence of ra$e scandal is p' licity and t at t e acts committed are not only
contrary to morals and ood c'stoms 't m'st liHe#ise e of s'c c aracter as to ca'se
p' lic scandal to t ose #itnessin it.
Distinction s o'ld e made as to t e place # ere t e offensi$e act #as committed # et er in t e p' lic
place or in a pri$ate place
"n pu!lic place t e criminal lia ility arises irrespecti$e of # et er t e immoral act is open to t e p' lic
$ie#. "n s ort p' lic $ie# is not re@'ired.
(2) : en ac t of fensi$e to de cency is do ne in a private place p' lic $ie# or p' lic
Hno#led e is re@'ired.
)u'lic view does not re*uire numerous person s. E$en if t ere #as only one person # o #itnessed t e
offensi$e act for as lon as t e t ird person #as not an intr'der ra$e scandal is
committed pro$ided t e act does not fall 'nder any ot er crime in t e e$ised -enal Code.
"ll'strations
A man and a #oman enters a mo$ie o'se # ic is a p' lic place and t en oes to t e darHest part of t e
alcony and # ile t ere t e man started performin acts of lasci$io'sness on t e #oman.
If it is against the will of the woman & the crime would 'e acts of lascivio usness$ But if there is
mutuality& this constitutes grave scandal$ )u'lic view is not necessary so long as it is performed
in a pu'lic place$
A man and a #oman #ent to 7'neta and slept t ere. T ey co$ered t emsel$es t eir lanHet and made
t e rass t eir con/' al ed.
This is grave scandal$

-4
"n a certain apartment a lady tenant ad t e a it of 'ndressin in er room #it o't s 'ttin t e linds. e does t
is e$ery ni t at a o't ei t in t e e$enin . o t at at t is o'r of t e ni t yo' can e pect people o'tside
at ered in front of er #indo# looHin at er sil o'ette. e #as c ar ed of ra$e scandal. 0er
defense #as t at s e #as doin it in er o#n o'se.
It is no defense that she is doing it in her private home$ It is still open to the pu'lic view$
"n a partic'lar 'ildin in MaHati # ic stands ri t ne t to t e o'se of a yo'n lady # o oes s'n at in in er
poolside. E$ery mornin se$eral men in t e 'pper floors #o'ld sticH t eir eads o't to et a f'll
$ie# of said lady # ile in er t#o piece s#ims'it. T e lady #as t en c ar ed #it ra$e scandal.
0er defense #as t at it is er o#n pri$ate pool and it is t ose men looHin do#n at er # o are
malicio's.
This is an act which even though done in a private place is nonethe less open to pu'lic view$
Article 56!
IMMORAL 7OCTRINES. OBSCENE (UBLICATIONS AN7 E 8IBITIONS#
(ersons lia-le#
Those who pu!licly e5pound or proclaim doctrines that are contrary to pu!lic morals
Authors of o!scene literature/ pu!lished with their no wledge in any form
"ditors pu!lishing such o!scene literature
Owners or operators of esta!lishments selling o!scene literature
Those who e5hi!it indecent or immoral plays/ scenes/ acts or show s ion theaters/
fairs/ cinemas or any other place
Those who sell/ distri!ute/ or e5hi!it prints/ engraving/ sculptures or literature which
are offensive to morals
Morals# implies conformity to enerally accepted standards of oodness or ri tness in cond'ct

or c aracter
Test of o!scenity: # et er t e matter as a tendency to depra$e or corr'pt t e

minds of t ose # o are open to immoral infl'ences. A matter can also e considered o
scene if it s ocHs t e ordinary and common sense of men as indecency.
The test is o'4ective. "t is more on t e effect 'pon t e $ie#er and not alone on t e cond'ct of t e
performer.
"f t e material as t e tendency to depra$e and corr'pt t e mind of t e $ie#er t en t e same is o scene
and # ere s'c o scenity is made p' licly criminal lia ility arises.
The law is not concerned with the moral of one person . As lon as t e porno rap ic matter or e i ition is
made pri$ately t ere is no crime committed 'nder t e e$ised -enal Code eca'se # at is protected is t
e morality of t e p' lic in eneral.
In committing this crime, there must be publicity . It means the act or acts done
must come to the knowledge of third persons.
0o#e$er Art 2E3 enumerates what are considered as o!scene literature or

immoral or indecent plays/ scenes or acts: a. t ose
#Lc lorify criminals or condone crimes
-5
. t ose #Lc ser $e no ot er p'r pose 't to satis fy t e marHet for $iolence l'st or
porno rap y
t ose #Lc offend a ainst any race or reli ion
t ose #Lc tend to a et t e traffic in and t e 'se of pro i ited dr' s
t ose t at are contrary to la# p' lic order morals ood c'stoms esta lis ed policies
la#f'l orders decrees and edicts
Mere n'dity in paintin s and pict'res is not o scene
-ict'res #L a sli t de ree of o scenity a$in no artistic $al'e and intended for
commercial p'rposes fall #it in t is article
'u!licity is an essential element
*exual indulgence is not in itself immoral if done within the bounds of privacy and
performed normally. The moment the parties carry their private rights and privileges to
public view, they expose themselves to public scrutiny.
Article 565
3AGRANTS AN7 (ROSTITUTES#
1ho are consi/ere/ %agrants#
Those who have no apparent means of su!sistence and who have the physical a!
ility to wor yet neglect to apply themselves to some useful calling
'ersons found loitering around pu!lic and semi,pu!lic places without visi!le means of
support
'ersons tramping or wandering around the country or the streets with no visi!le
means of support
)dle or dissolute persons lodging in houses of ill,fame
(uffians or pimps and those who ha!itually associate with prostitutes 6may include
even the rich7
'ersons found loitering in inha!ited or uninha!ited places !elonging to others/ without

any lawful or -ustifia!le reason provided the act does not fall within any other
article of the ('C
f fenced and with prohibition of entr! Trespass to d#ellin
f fenced and entered to h#nt$fish Attempted t eft
f not fenced and with no prohibition of entr! &a rancy
Who are considered prostitutes refer to #omen # o a it'ally ind'l e in se 'al

interco'rse or lasci$io's cond' ct for money or profit (if a man ind'l es in t e same
cond'ct $a rancy)
"n la# t e mere ind'l in in lasci$io's cond'ct a it'ally eca'se of money or ain #o'ld amo'nt to
prostit'tion e$en if t ere is no se 'al interco'rse. &ir inity is not a defense. 9a'ituality is the controlling
factor; it as to e more t an one time.
-6
There cannot 'e prostitution 'y conspiracy . >ne # o conspires #it a #oman in t e prostit'tion 'siness liHe
pimps ta i dri$ers or solicitors of clients are 'ilty of t e crime 'nder Article 341 for # ite sla$ery.
TITLE SE3EN
CRIMES COMMITTE7 BY (UBLIC O**ICERS
Crimes committe/ -y ,u-lic o icers
no#in ly renderin 'n/'st /'d ment (Art. 2*4);
K'd ment rendered t ro' ne li ence (Art. 2*5);

8n/'st interloc'tory order (Art. 2*6);
Malicio's delay in t e administration of /'stice (Art. 2*!);
-rosec'tion of offenses; ne li ence and tolerance (Art. 2*%);
?etrayal of tr'st y an attorney or solicitor B e$elation of secrets (Art. 2* );
Direct ri ery (Art. 21*);
"ndirect ri ery (Art. 211);
1*. Corr'ption of p' lic officials (Art. 212);
+ra'ds a ainst t e p' lic treas'ry and similar offenses (Art. 213);
>t er fra'ds (Art. 214);
-ro i ited transactions (Art. 215);
-ossession of pro i ited interest y a p' lic officer (Art. 216);
Mal$ersation of p' lic f'nds or property B -res'mption of mal$ersation (Art. 21!)
+ail're of acco'nta le officer to render acco'nts (Art. 21%);
1!. +ail're of a responsi le p' lic officer to ren der acco'nts ef ore lea$in t e co'ntry
(Art. 21 );
1%. "lle al 'se of p' lic f'nds or property (Art. 22*);
1. +ail're to maHe deli$ery of p' lic f'nds or property (Art. 221);

2*. Conni$in #it or consentin to e$asion (Art. 223);
E$asion t ro' ne li ence (Art. 224);
Escape of prisoner 'nder t e c'stody of a person not a p' lic officer (Art. 225);
emo$al concealment or destr'ction of doc'ments (Art. 226);
>fficer reaHin seal (Art. 22!);
>penin of closed doc'ments (Art. 22%);
e$elation of secrets y an officer (Art. 22 );

-%
2!. -' lic officer re$ealin secrets of pri$ate indi$id'al (Art. 23*); 2%.
>pen diso edience (Art. 231);
2. Diso edience to ord er of s'perior officer # en said ord er #as s'spended y

inferior officer (Art. 232);
3*. ef'sal of assistance (Art. 233);
ef'sal to disc ar e electi$e office (Art. 234);
Maltreatment of prisoners (Art. 235);

Anticipation of d'ties of a p' lic office (Art. 236);
-rolon in performance of d'ties and po#ers (Art. 23!);
A andonment of office or position (Art. 23%);
8s'rpation of le islati$e po#ers (Art. 23 );
3!. 8s'rpation of e ec'ti$e f'nctions (Art. 24*);
3%. 8s'rpation of /'dicial f'nctions (Art. 241);
3. Diso eyin re@'est for dis@'alification (Art. 242);
4*. >rders or re@'ests y e ec'ti$e officers to any /'dicial a't ority (Art. 243);
8nla#f'l appointments (Art. 244); and
A 'ses a ainst c astity (Art. 245).
T e desi nation of t e title is mislea din . Crimes 'nder t is title can e committed y p' lic officers or a
non p' lic officer # en t e latter ecome a conspirator #it a p' lic officer or an accomplice or accessory
to t e crime. T e p' lic officer as to e t e principal.
"n some cases it can e$en e committed y a pri$ate citiIen alone s'c as in Article 2!5 (infidelity in t e
c'stody of a prisoner # ere t e offender is not a p' lic officer) or in Article 222 (mal$ersation).
Article 56:
18O ARE (UBLIC O**ICERS#
a. Ta es part in the performance of pu!lic functions in the overnment/ or
'erforms pu!lic duties as an employee/ agent or su!ordinate official in the gov@t or

any of its !ranches
Notes#
'u!lic officer must derive his authority from: 1. direct
pro$ision of la#
2. pop'lar election
3.appointment y competent a't ority
In defining the term “public officers , the law makes the reference to the manner by
which he is appointed to public office. (e thus becomes a public officer because of his
appointment by competent authority or because he is elected to public office.
-&
(u-lic o icers# em races e$ery p' lic ser$ant from t e lo#est to t e i est ranH
nder "epu'lic Act No$ 2,5G 6The Anti3!raft and Corrupt )ractices Act7& t e term p' lic officer is roader
and more compre ensi$e eca'se it incl'des all persons # et er an official or an employee temporary
or not classified or not contract'al or ot er#ise. Any person # o recei$es compensation for ser$ices
rendered is a p' lic officer.
A o$ernment la orer is not a p' lic officer. 0o#e$er temporary performance y a

la orer of p' lic f'nctions maHes im a p' lic officer
4rimes committed by public officers are nothing but corruption in public service.
Breach o oath o o ice ,arta?es o three orms#
Mis easance# means improper performance of an act # ic mi t e properly e

performed
Mal easance# means performance of an act # ic o' t not to e done
Non easance# means omission of an act # ic o' t to e done
6alfeasance Doin of an act # ic a p' lic officer s o'ld not a$e done
6isfeasance "mproper doin of an act # ic a person mi t la#f'lly do
Fonfeasance +ail're of an a ent to perform is 'ndertaHin for t e principal
Article 56"#
NO1INGLY REN7ERING AN UN>UST >U7GMENT
ELEMENTS#
-ffender is a /#dge
0enders a /#dgment in the case s#bmitted to him for /#dgment
#dgment is #n/#st
Dnowledge that the decision is #n/#st
Notes#
>u/gment# is a final consideration and determination y a co'rt of competent
/'risdiction of t e iss'es s' mitted to it in an action or proceedin
The law re5uires that the judgment must be written in the official language, personally
and directly prepared by the judge, and signed by him. It must contain a clear and
distinct statement of facts proved or admitted by the defendant and upon which the
judgment is based.
Un ust u/gment# one # ic is contrary to la# or not s'pported y t e e$idence or ot
An un-ust -udgment may result from:

error (#it ad fait )
ill #ill or re$en e
ri ery
--
T ere m'st e e$idence t at t e decision rendered is 'n/'st. "t is not pres'med
To be liable for the above crime, not only must the judgment be proved to be unjust .it
must likewise be established to have been knowingly rendered. There must be a
conscious and deliberate intent to do an injustice. This usually occurs when the judge
entertains hatred, envy, revenge, or greed against one of the parties.
A 'se of discretion or mere error of /'d ment cannot liHe#ise ser$e as asis
for renderin an 'n/'st /'d ment in t e a sence of proof or e$en an alle ation
of ad fait (moti$e or improper consideration).
Article 56'
>U7GMENT REN7ERE7 T8ROUG8 NEGLIGENCE
ELEMENTS#
-ffender is a /#dge
0enders a /#dgment in a case s#bmitted to him for decision
#dgment is manifestl! #n/#st
<#e to ine"c#sable negligence or ignorance
$anifestly un-ust -udgment: one t at is so contrary to la# t at e$en a person a$in mea er
Hno#led e of t e la# cannot do' t t e in/'stice
The unjust judgment is merely the result of inexcusable negligence or ignorance of the
law. The ignorance may refer to substantive or procedural law. There must be an
apparent and notorious manifestation of lack of logic and false interpretation of the
law. &3ortes vs. 3atral, 2 = 30A 1)
Article 56)
UN>UST INTERLOCUTORY OR7ER
ELEMENTS#
That the offender is a /#dge.
That he performs an! of the following acts7

%nowingl! renders #n/#st interloc#tor! order or decree, or
renders a manifestl! #n/#st interloc#tor! order or decree thro#gh ine"c#sable

negligence or ignorance.
Interlocutory or/er# one iss'ed y t e co'rt decidin a collateral or incidental matter. "t is
not a final determination of t e iss'es of t e action or proceedin
T e crime of Hno#in ly renderin an 'n/'st /'d ment or Hno#in ly iss'in an 'n/'st interloc'tory order may
'e committed only 'y a 4udge of a trial court and never of an appellate court . T e reason for t is is t at in
appellate co'rt not only one ma istrate renders or iss'es t e interloc'tory order. An appellate co'rt
f'nctions as a di$ision and t e resol'tions t ereof are anded do#n only after deli erations amon t e
mem ers of a di$ision so t at it cannot e said t at t ere is malice or ine c'sa le ne li ence or i norance
in t e renderin of a /'d ment or order t at is s'pposedly 'n/'st as eld y t e 'preme Co'rt in one
administrati$e case.
Article 56+
1
MALICIOUS 7ELAY IN T8E A7MINISTRATION OR >USTICE
ELEMENTS#
That there is a proceeding in his co#rt.
That he dela!s the administration of /#stice.
That the dela! is malicio#s, that is, the dela! is ca#sed b! the /#dge with deliberate
intent to inflict damage on either part! in the case.
Mere delay #it o't malice is not p'nis a le
Malice m'st e pro$en. Malice is present # ere t e delay is so' t to fa$or one party to t e pre/'dice of
t e ot er.
T ese a$e een interpreted yte 'preme Co'rt to refer only to /'d es of t e trial co'rt.
The 4onstitution provides that cases submitted for decision before the *upreme 4ourt
must be resolved within two years. &efore the 4ourt of ppeals, such cases must be
resolved within ! year# and before the 3egional Trial 4ourt and Metropolitan Trial 4ourt,
such cases must be decided within a period of three months or ninety days.
Article 562
(ROSECUTION O* O**ENSESJ NEGLIGENCE AN7 TOLERANCE
Acts (unishe/
Malicio'sly refrainin from instit'tin prosec'tion a ainst $iolators of t e la#;
Malicio'sly toleratin t e commission of offenses.
ELEMENTS O* 7ERELICTION O* 7UTY IN T8E (ROSECUTION O* O**ENSES#
That the offender is a p#bl ic officer or officer of the law who ha s a d#t! to ca# se
the prosec#tion of, or to prosec#te offenses.
That there is dereliction of the d#ties of his office, that is, %nowing the commission
of the crime, he does not ca#se &a) the prosec#tion of the criminal & )eople vs$
"osales& !$"$ no$ 8+ 8H) or &b) %nowing that a crime is abo#t to be committed
he tolerates its commission & if gift promise is a consideration for his conduct:
direct 'ri'ery)
That the offender acts with malice and deliberate intent to favor the violator of the
law.
(RE3ARICACION# ne li ence and tolerance in t e prosec'tion of an offense
A p' lic officer en a ed in t e prosec'tion of offenders s all malicio'sly tolerate t e commission of

crimes or refrain from prosec'tin offenders or $iolators of t e la#.
This crime can only 'e committed 'y a pu'lic officer whose official duty is to prosecute offenders& that is&
state prosecutors . 0ence t ose officers # o are not d'ty o'nd to perfo rm t ese o li ations cannot
commit t is crime in t e strict sense.
T ere m'st e a d'ty on t e part of t e p' lic officer to prosec'te or mo$e for t e prosec'tion
of t e offender. =ote o#e$er t at a fiscal is under no compulsion to file
11
an information 'ased upon a complaint if he is not convinced that the evidence 'efore
him does not warrant filing an action in court
: en a policeman tolerates the commission of a crime or otherwise refrains from apprehending the
offender s'c peace officer cannot e prosec'ted for t is crime 't t ey can e prosec'ted as
An ac cessory to t e crime committed y t e principal in ac cordance #it Article 1 para rap 3; or
0e may ecome a fe nce if t e crime committed is ro ery or t eft in # ic case e $iolates t e Anti
+encin 7a#; or
0e may e eld lia le for $iolatin t e Anti Jraft and Corr'pt -ractices Act.
Illustration:
The offender was caught for white slav ery$ The policeman allowed the offender to go free for some
consideration$ The policeman does not violate Article +,H 'ut he 'ecomes an accessory to the crime of
white slavery$
But in the crime of theft or ro''ery& where the policeman shared in the loot and allowed the offender to go
free& he 'ecomes a fence$ Therefore& he is considered an offender under the Anti3 <encing =aw$
0o#e$er in distant pro$inces or m'nicipalities # ere t ere are no m'nicipal attorneys t e local c ief of
police is t e prosec'tin officer. "f e is t e one # o tolerates t e $iolations of la#s or ot er#ise allo#s
offenders to escape e can e prosec'ted 'nder t is article.
T is is also tr'e in t e case of a 'arangay chairman. T ey are s'pposed to prosec'te $iolators of la#s #it
in t eir /'risdiction. "f t ey do not do so t ey can e prosec'ted for t is crime.
T e crime m'st e pro$ed first efore an officer can e con$icted of dereliction of d'ty
A p' lic officer # o ar ors conceals or assists in t e escape of an offender # en

it is is d'ty to prosec'te im is lia le as principal in t e crime of dereliction of d'ty in t e
prosec'tion of offenses. 0e is not an accessory
Article not applica le to re$en'e officers
elati$e to t is crime 'nder Ar ticle 2*% consider t e crime of *ualified !ri!ery . Amon t e amendments
made y ep' lic Act =o. !65 on t e e$ised -enal Code is a ne# pro$ision # ic reads as follo#s
Article. 233,A. >ualified 1ri!ery ; If any pu'lic officer is entrusted with law
enforcement and he refrains from arresting or prosecuting an offender who has
committed a crime punisha'le 'y "eclusion )erpetua and or death in
consideration of any offer& promise& gift& or present& he shall suffer the penalty for the offense which was not
prosecuted$
If it is the pu'lic officer who as/s or demands such gift or present& he shall
suffer the penalty of death$
Act'ally t e crime is a Hind of direct ri ery # ere t e ri e offer promise ift or present as a consideration
on t e part of t e p' lic officer t at is refrainin from arrestin or prosec'tin t e offender in consideration
for s'c offer promise ift or present $ In a way& this new provision modifies Article +5, of the "evised )enal
Code on direct 'ri'ery$
0o#e$er& the crime of *ualified 'ri'ery may 'e committed only 'y pu'lic officers entrusted with enforcement
whose official duties authori(e then to arrest or prosecute offenders . Apparently t ey are peace officers
and pu'lic prosecutors since t e nonfeasance refers to arrestin or prosec'tin .G But this crime arises
only when the offender whom such pu'lic officer refrains from arresting or prosecuting& has committed a
crime punisha'le 'y reclusion perpetua and or death$
12
If the crime were punisha'le 'y a lower penalty& then such nonfeasance 'y the pu'lic officer would
amount to direct 'ri'ery& not *ualified 'ri'ery$
If the crime was *ualified 'ri'ery& the dereliction of the duty punished under Arti cle +,H of the "evised )enal
Code should 'e a'sor'ed 'ecause said article punis hes the pu'lic officer who maliciously refrains from
instituting prosecution for the punishment of violators of the law or shall tolerate the commission of
offenses $ The dereliction of duty referred to is necessarily included in the crime of *ualified 'ri'ery$
>n t e ot er and& if the crime was direct 'ri'ery under Article +5, of the "evised )enal Code& the pu'lic
officer involved should 'e prosecuted also for the dereliction of duty # ic is a crime 'nder Article 2*% of t
e e$ised -enal Code eca'se t e latter is not a sor ed y t e crime of
direct ri ery. T is is eca'se in direct ri ery # ere t e p' lic officer a reed to perform an act constit'tin a
crime in connection #it t e performance of is official d'ties Article 21* e pressly
pro$ides t at t e lia ilty t ere'nder s all e in addition to t e penalty correspondin to t e crime a reed
'pon if t e crime s all a$e een committed.
"ll'stration
A fiscal for a s'm of money refrains from prosec'tin a person c ar ed efore im. "f t e penalty for t e
crime in$ol$ed is recl'sion perpet'a t e fiscal commits @'alified ri ery. "f t e crime is p'nis a le y a
penalty lo#er t an recl'sion perpet'a t e crime is direct ri ery.
"n t e latter sit'ation three crimes are committed: direct 'ri'ery and dereliction of duty on the part of the
fiscal- and corruption of a pu'lic officer 'y the giver$
Article 564
BETRAYAL O* TRUST BY AN ATTORNEY OR SOLICITOR
(=>T =ECE A "79 A -8?7"C >++"CE A7T0>8J0 A77 7A:9E A E
>++"CE >+ T0E C>8 T)
ACTS (UNIS8E7#
3a#sing damage to client & pre4udice is essential ) either
b! an! malicio#s breach of professional d#t!, or
b! ine"c#sable negligence or ignorance.
0evealing an! of the secrets of his client learned b! him in his professional capacit!
& damage not necessary)
st
c. >nderta%ing the defense of the opposing part! of the 1 client and$or having
received confidential information from the latter and witho#t the latterBs consent
& damage not necessary)
Note: : en t e attorney acts #it malicio's a 'se of is employment or ine c'sa le ne li ence or i norance t
ere m'st e dama e to is client.
nder the rules on evidence comm'nications made #it prospecti$e clients to a la#yer #it a $ie# to en
a in is professional ser$ices are already pri$ile ed e$en t o' t e client la#yer relations ip did not
e$ent'ally materialiIe eca'se t e client cannot afford t e fee ein asHed y t e la#yer. T e la#yer and is
secretary or clerH cannot e e amined t ereon.
T at t is comm'nication #it a prospecti$e client is considered pri$ile ed implies t at t e same is

confidential. T erefore if t e la#yer #o'ld re$eal t e same or ot er#ise accept a case from t e ad$erse
party e #o'ld already e $iolatin Article 2* . Mere malicio's reac #it o't dama e is not $iolati$e of
Article 2* ; at most e #ill e lia le administrati$ely as a la#yer e. . s'spension or dis arment 'nder t e
Code of -rofessional esponsi ility.
"ll'stration
B& who is involved in the crime of seduction wanted A& an attorney at law& to handle his case$ A
received confidential information from B$ 9owever& B cannot pay the professional fee of A$ C& the
offended party& came to A also and the same was accepted$
13
A did not commit t e crime 'nder Article 2* alt o' t e la#yerFs act may e considered 'net ical. T e
client la#yer relations ip et#een A and ? #as not yet esta lis ed. T erefore t ere is no tr'st to $iolate
eca'se ? as not yet act'ally en a ed t e ser$ices of t e la#yer A. A is not o'nd to ?. 9owever& if A #o'ld
re$eal t e confidential matter learned y im from ? t en Article 2* is $iolated eca'se it is eno' t at s'c
confidential matters #ere comm'nicated to im in is professional capacity or it #as made to im #it a
$ie# to en a in is professional ser$ices.
0ere matters t at are considered confidential m'st a$e een said to t e la#yer #it t e $ie# of en a in is
ser$ices. >t er#ise t e comm'nication s all not e considered pri$ile ed and no tr'st is $iolated.
"ll'stration
A went to B& a lawyer notary pu'lic& to have a document notari(ed$ A narrated to B the detail of the
criminal case$ "f ? #ill disclose # at #as narrated to im t ere is no etrayal of tr'st since ? is actin as a
notary p' lic and not as a co'nsel. T e la#yer m'st a$e learned t e confidential matter in is
professional capacity.
Se%eral acts which woul/ ma?e a lawyer criminally lia-le#
Malicio'sly ca'sin dama e to is client t ro' a reac of is professional d'ty. T e reac of professional d'ty
m'st e malicio's. "f it is /'st incidental it #o'ld not i$e rise to criminal lia ility alt o' it may e t e
s' /ect of administrati$e discipline;
T ro'ross i norance ca'sin dama e to t e client;
"ne c'sa le ne li ence;
e$elation of secrets learned in is professional capacity;
8ndertaHin t e defense of t e opposite party in a cas e #it o't t e consent of t e first client # ose defense as already
een 'ndertaHen.
=ote t at only num'ers 5& + and 2 must approximate malice$
A la#yer # o ad already 'ndertaHen t e case of a client cannot later on s ift to t e opposin party. T is
cannot e done.
8nder t e circ'mstances it is necessary that the confidential matters or information was confided to the
lawyer in the latter@s professional capacity$
It is not the duty of the lawyer to give advice on the commission of a future crime$ It is& therefore& not
privileged in character . T e la#yer is not o'nd y t e mandate of pri$ile e comm'nication if e reports s'c
commission of a f't're crime. "t is only confidential information relatin to crimes already comm itted t
at are co$er ed y t e crime of etrayal of tr'st if t e la#yer s o'ld 'ndertaHe t e case of opposin party or
ot er#ise di$'l e confidential information of a client.
8nder t e la# on e$idence on pri$ile ed comm'nication it is not only the lawyer who is protected 'y the
matter of privilege 'ut also the office staff li/e the secretary$
T e nominal lia ility 'nder t is article may e constit'ted eit er from 'reach of professional duties in the
handling of the case or it may ari se o't of t e confidential relation 'etween the lawyer and the client$
Breach o ,ro essional /uty
Tardiness in t e prosec'tion of t e case for # ic reason t e case #as dismissed for ein non
prosec'ted; or tardiness on t e part of t e defense co'nsel leadin to declaration of defa'lt and
ad$erse /'d ment.
)rofessional duties B 7a#yer m'st appear on time . ?'t t e client m'st a$e s'ffered dama e d'e to t e
reac of professional d'ty. >t er#ise t e la#yer cannot e eld lia le.
"f t e prosec'tor #as tardy and t e case #as dismissed as non prosec'ted 't e filed a motion for
reconsideration # ic #as ranted and t e case #as contin'ed t e la#yer is not lia le eca'se t e client
did not s'ffer dama e.
14
"f la#yer #as ne lectf'l in filin an ans#er and is client declared in defa'lt and t ere #as an ad$erse /'d
ment t e client s'ffered dama es. T e la#yer is lia le.
Breach o con i/ential relation
e$ealin information o tained or taHin ad$anta e t ereof y acceptin t e en a ement #it t e ad$erse
party. T ere is no need to pro$e t at t e client s'ffered dama es. T e mere reac of confidential
relation is p'nis a le.
"n a con/' al case if t e la#yer disclosed t e confidential information to ot er people e #o'ld e

criminally lia le e$en t o' t e client did not s'ffer any dama e.
T e client # o #as s'in is #ife disclosed t at e also committed acts of 'nfait f'lness. T e la#yer talHed
a o't t is to a friend. 0e is t 's lia le.
Article 5!6
7IRECT BRIBERY
ELEMENTS#
That the offender be a p#blic officer within the scope of Art 2;'
That the off ender accepts an offer or promise or receives a gift or present b!
himself or thro#gh another
That s#ch offer or promise be accepted or gift$present received b! the p#blic officer
& mere agreement consummates the crime)
with a view to committing some crime & delivery of consideration is not necessary)
or
in consideration of an e"ec#tion of an act which does not constit#te a crime,

b#t the act m#st be #n/#st & delivery of consideration is necessary), or
to refrain from doing something which is his official d#t! to do
That the act whi ch the off ender agrees to perform or which he e"ec#tes be
connected with the performance of his official d#ties
Bri'ery refers to the act of the receiver and the act of the giver is corruption of pu'lic official$
+or p'rposes of t is article& temporary performance of pu'lic functions is sufficient to constitute

a person a pu'lic officer.
A private person may commit t is crime only in t e case in # ic c'stody of prisoners is

entr'sted to im
Applica le also to assessors ar itrators appraisal and claim commissioners e perts or

any ot er person performin p' lic d'ties
Cannot e fr'strated only attempted or cons'mmated.
0irect 'ri'ery may 'e committed only in the attempted and consummated stages eca'se in fr'strated felony
t e offender m'st a$e performed all t e acts of e ec'tion # ic #o'ld prod'ce t e felony as a
conse@'ence$ In direct 'ri'ery& it is possi'le only if the corruptor concurs with the
offender$ Once there is concurrence& the direct 'ri'ery is already consummated. "n s ort t e
offender could not have performed all the acts of execution to produce the felony without
consummating the same$
Act'ally you cannot have a giver unless there is one who is willing to receive and there cannot
'e a receiver unless there is one willing to give . o t is crime re*uires two to commit . "t cannot
15
e said t erefore t at one as performed all t e acts of e ec'tion # ic #o'ld prod'ce t e felony as a
conse@'ence 't for reasons independent of t e #ill t e crime #as not committed.
"t is no# settled t erefore t at t e crime of 'ri'ery and corruption of pu'lic officials cannot 'e committed in
the frustrated stage 'ecause this re*uires two to commit and that means a meeting of the minds$
"ll'strations
If the pu'lic official accepted the corrupt consideration and turned it over to his superior as evidence of the
corruption t e offense is attempted corr'ption only and not fr'strated. T e official did not a ree
to e corr'pted.
If the pu'lic officer did not report the same to his superior and actually accept ed it& he allowed
himself to 'e corrupted . T e corr'ptor ecomes lia le for cons 'mmated corr'ption of p' lic
official. T e p' lic officer also ecomes e@'ally lia le for cons'mmated ri ery.
If a pu'lic official demanded something from a taxpayer who pretended to agree and use
mar/ed money with the /nowledge of the polic e t e crime of t e p' lic official is attempted ri ery.
T e reason is t at eca'se t e i$er as no intention to corr'pt er and t erefore e co'ld not
perform all t e acts of e ec'tion.
?e s're t at # at is in$ol$ed is a crime of ri ery not e tortion. If it were extortion& the crime is
not 'ri'ery& 'ut ro''ery . T e one # o yielded to t e demand does not commit corr'ption of a p'
lic officer eca'se it #as in$ol'ntary.
1ri!ery e5ists when the gift is:

a. $ol'ntarily offered y a pri$ate person
. solicited y t e p' lic officer and $ol'ntarily deli$ered y t e pri$ate person
solicited y t e p' lic officer 't t e pri$ ate person deli$ers it o't of fear of t e
conse@'ences s o'ld t e p' lic officer perform is f'nctions ( ere t e crime y i$er is
not corr'ption of p' lic officials d'e to in$ol'ntariness)
Actual receipt of the gift is not only if acts constitutes a crime necessary. An accepted
offer or promise of a ift is s'fficient. 0o#e$er if t e offer is not accepted only t e
person offerin t e ift is lia le for attempted corr'ption of a p' lic officer
T e gift must have a value or capa'le of pecuniary estimation . "t co'ld e in t e form of money
property or ser$ices
"f t e act re@'ired of t e p' lic officer amo'nts to a crime and e commits it e s all e lia le
for t e penalty correspondin to t e crime in addition to t e penalty for ri ery
"n direct ri ery consider # et er t e official act # ic t e p' lic officer a reed to do is a crime or not.
)f it will amount to a crime& it is not necessary that the corruptor should deliver the consideration or the
doing of the act$ T e moment t ere is a meetin of t e minds e$en #it o't t e deli$ery of t e
consideration e$en #it o't t e p' lic officer performin t e act amo'ntin to a crime ri ery is already
committed on t e part of t e p' lic officer. Corr'ption is already committed on t e part of t e s'pposed
i$er. T e reason is t at t e a reement is a conspiracy in$ol$in t e d'ty of a p' lic officer. T e mere a
reement is a felony already.
"f t e p' lic officer commits t e act # ic constit'tes t e crime e as #ell as t e corr'ptor s all e lia le also
for t at ot er crime.
"ll'strations
If the corruptor offers a consideration to a custodian of a pu'lic record to remove certain files& the mere
agreement& without delivery of the consideration& 'rings a'out the crime of direct 'ri'ery and
corruption of pu'lic official$
16
"f t e records #ere act'ally remo$ed ot t e p' lic officer and t e corr'ptor #ill in addition to t e
t#o felonies a o$e #ill also e lia le for t e crime committed # ic is infidelity in t e c'stody of t
e p' lic records for # ic t ey s all e lia le as principals; one as principal y ind'cement t e ot er
as principal y direct participation.
A party litigant approached the court@s stenographer and proposed the idea of altering the transcript of
stenographic notes$ The court stenographer agreed and he demanded ) +&,,,$,,$
n/nown to them& ther e were law enforcers who already had a tip that the court stenographer
had 'een doing this 'efore$ .o they were waiting for the chance to entrap him$ They were
apprehended and they said they have not done anything yet$
8nder Article 21* t e mere a reement to commit t e act # ic amo'nts to a crime is already ri
ery. T at steno rap er ecomes lia le already for cons'mmated crime of ri ery and t e party #
o a reed to i$e t at money is already lia le for cons'mmated corr'ption e$en t o' not a sin le
centa$o is deli$ered yet and e$en t o' t e steno rap er ad not yet made t e alterations.
"f e c an ed t e transcript anot er crime is committed falsification.
The same criterion will apply with respect to a pu'lic officer who agrees to refrain from performing his
official duties. "f t e refrainin #o'ld i$e rise to a crime s'c as refrainin to prosec'te an offender t e mere
a reement to do so #ill cons'mmate t e ri ery and t e corr'ption e$en if no money #as deli$ered to
im. "f t e refrainin is not a crime it #o'ld only amo'nt to ri ery if t e consideration e deli$ered to im.
)f it is not a crime & the consideration must 'e delivered 'y the corruptor 'efore a pu'lic officer can 'e
prosecuted for 'ri'ery . Mere a reement is not eno' to constit'te t e crime eca'se t e act to e done in t e
first place is le itimate or in t e performance of t e official d'ties of t e
p' lic official.
8nless t e p' lic officer recei$es t e consideration for doin is official d'ty t ere is no ri ery. "t is
necessary t at t ere m'st e deli$ery of monetary consideration. T is is so eca'se in t e second
sit'ation t e p' lic officer act'ally performed # at e is s'pposed to perform. "t is /'st t at e #o'ld not
perform # at e is re@'ired y la# to perform #it o't an added consideration from t e p' lic # ic i$es rise
to t e crime.
T e idea of t e la# is t at e is ein paid salary for ein t ere. 0e is not s'pposed to demand additional
compensation from t e p' lic efore performin is p' lic ser$ice. T e pro i ition #ill apply only # en t e
money is deli$ered to im or if e performs # at e is s'pposed to perform in anticipation of ein paid t e
money.
0ere t e ri ery #ill only arise # en t ere is already t e acceptance of t e consideration

eca'se t e act to e done is not a crime. o #it o't t e acce ptance t e crim e is not committed.
T e t ird type of ri ery and pre$aricacion (art 2*%) are similar offenses ot consistin
of omissions to do an act re@'ired to e performed. "n direct ri ery
o#e$er a ift or promise is i$en in consideration of t e omission. T is is not necessary in
pre$aricacion
7istinction -etween /irect -ri-ery an/ in/irect -ri-ery
Bri'ery is direct # en a p' lic officer is called 'pon to perform or refrain from performin an official act
in e c an e for t e ift present or consideration i$en to im.
"f e simply accepts a ift or present i$en to im y reason of is p' lic position t e crime is indirect 'ri'ery. ?
ear in mind t at the gift is given L'y reason of his officeL& not Lin considerationL thereof$ o ne$er 'se t e
term consideration.G T e pu'lic officer in Indirect 'ri'ery is not to perform any official act$
=ote o#e$er t at # at may e in as an indirect ri ery may act'ally ripen into direct ri ery.
"ll'stration
1%
%ithout any understanding with the pu'lic officer& a taxi operator gave an expensive suiting material to a
B=T registrar$ pon receipt 'y the B=T registrar of his valua'le suiting material& he as/ed who the give r
was$ 9e found out that he is a taxi oper ator . As far as t e i$er is concerned e is i$in t is y reason of t
e office or position of t e p' lic officer in$ol$ed. "t is /'st indirect ri ery
"f t e ?7T re istrar calls 'p is s' ordinates and said to taHe care of t e ta is of t e ta i operator so m'c
so t at t e re istration of t e ta is is facilitated a ead of t e ot ers # at ori inally #o'ld a$e een indirect ri
ery ecomes direct ri ery.
Bri-ery<5!6@ Ro--ery<54"@
: en t e $ictim as committed a crime and i$es moneyL : en t e $ictim did not commit a crime and e is intimidated #it arrest
ift to a$oid andLor prosec'tion to
arrest or prosec'tion. depri$e im of is personal property.
&ictim parts #it is money or property &ictim is depri$ed of is money or property y
$ol'ntarily. force or intimidation.
obbery should be distinguished from ribery $here a la$ enforcer# say a policeman#
e torts money from a person# employing intimidation and threatening to arrest the latter if he $ill
not come across $ith money may be guilty of obbery /!rticle 2-4# par. 50 or ribery /!rticle
21 0. 9f the +ictim actually committed a crime# and the policeman demanded money so he $ill
not be arrested# the crime is ribery. ut if no crime has been committed and the policeman is
falsely charging him of ha+ing committed one# threatening to arrest him if he $ill not come
across $ith some consideration# the crime is obbery.
Article 5!!
IN7IRECT BRIBERY
ELEMENTS#
That the offender is a p#blic officer.
That he accepts gifts.
That the said gifts are offered to him b! reason of his office.
T e ift is i$en in anticipation of f't're fa$or from t e p' lic officer

Indirect bribery, the public officer receives or accepts gifts, money or anything of value
by reason of his office. If there is only a promise of a gift or money, no crime is
committed because of the language of the law which uses the phrase 8 shall accept
gifts.9
T ere m'st e clear intention on t e part of t e p' lic officer to taHe t e ift offered
and consider t e proper ty as is o#n for t at moment. Mere p ysical receipt
'naccompanied y any ot er si n circ'mstance or act to s o# s'c acceptance is not
s'fficient to con$ict t e officer
T e 'preme Co'rt as laid do#n t e rule that for indirect 'ri'ery to 'e committed t e p' lic officer m'st a$e
performed an act of appropriatin of t e ift for imself is family or employees. "t is t e act of
appropriatin t at si nifies acceptance. Merely deli$erin t e ift to t e p' lic officer does not rin a o't t e
crim e. >t er#ise it #o'ld e $ery easy to remo$e a p' lic officer /'st deli$er a ift to im.
T ere is no attempted or fr'strated indirect ri ery
T e principal distinction 'etween direct and indirect 'ri'ery is t at in t e former t e

officer a rees to perform or refrain from doin an act in consideration of t e ift or
promise. "n t e latter case it is not necessary t at t e officer do any act. "t is
s'fficient t at e accepts t e ift offered y reason of is office
-' lic officers recei$in ifts and pri$ate persons i$in ifts on any occasion incl'din C
ristmas are lia le 'nder '9 D;.
1&
T e criminal penalty or imprisonment is distinct from t e administrati$e penalty of

s'spension from t e ser$ice
Article 5!!=A
;UALI*IE7 BRIBERY
ELEMENTS#
P#blic officer entr#sted with law enforcement
0efrains from arresting$prosec#ting offender for crime p#nishable b! recl#sion

perpet#a and$or death
& if lower penalty than stated a'ove& the crime is direct 'ri'ery)
n consideration of an! offer, promise or gift

=ote t at t e penalty is DEAT0 if t e p' lic officer is t e one # o asHs or demands s'c present.
e need not recei+e the gift or present because a mere offer or promise is sufficient.
Article 5!5
CORRU(TION O* (UBLIC O**ICIALS
ELEMENTS#
That the offender ma%es offers or promises or give s gifts or pre sent to a p#blic
officer.
That the offers or promises are made or th e gifts or presents given to a p#blic
officer, #nder circ#mstances that will ma%e the p#blic officer liable for direct
briber! or indirect briber!
T e offender is t e i$er of t e ift or t e offeror of t e promise. T e act may or may not e

accomplis ed
(resi/ential 7ecree No& ")
-residential Decree =o. 46 pro i its i$in and acceptance of ifts y a p' lic officer or to a p' lic officer
e$en d'rin anni$ersary or # en t ere is an occasion liHe C ristmas =e# 9ear or any ift i$in
anni$ersary. T e -residential Decree p'nis es ot recei$er and i$er.
The prohi'ition giving and receiving gifts given 'y reason of official position& regardless of whether or not
the same is for past or future favors$
o a
T e i$in of parties y reason of t e promotion f p' lic official is considered a crime e$en
t o' it may call for a cele ration. T e i$in f party is not limited to t e p' lic officer only 't also to any
mem er of is family.
(resi/ential 7ecree No& +"4
T e decree grants immunity from prosecu tion to a private person or pu'lic officer who shall voluntarily
give information and testify in a case of 'ri'ery or in a case involving a violation of the Anti3graft and
Corrupt )ractices Act$
It provides immunity to the 'ri'e3giver provided he does two things:
0e $ol'ntarily discloses t e transaction e ad #it t e p' lic officer constit'tin direct or indirect ri ery or
any ot er corr'pt transaction;
1-
0e m'st #illin ly testify a ainst t e p' lic officer in$ol$ed in t e case to e filed a ainst t e latter.
Before the 'ri'e3giver may 'e dropped from the information& he has to 'e charged first with the receiver$
Before trial& prosecutor may move for droppin g 'ri'e3giver from information and 'e granted immunity$ But
first& five conditions have to 'e met:
"nformation m'st refer to cons'mmated ri ery;
"nformation is necessary for t e proper con$iction of t e p' lic officer in$ol$ed;
(3) T at t e in formation or testimony to e i$en is not ye t in t e possession of t e

o$ernment or Hno#n to t e o$ernment;
T at t e information can e corro orated in its material points;
T at t e informant as not een con $icted pr e$io'sly fo r any crime in$ol$in moral t'rpit'de.
T ese conditions are analogous to the conditions under the .tate %itness "ule 'nder Criminal -roced're.
The immunity granted the 'ri'e3giver is limited only to the illegal transaction where the informant gave
voluntarily the testimony . "f t ere #ere ot er tran sactions # ere t e info rmant also participated e is
not imm'ne from prosec 'tion. T e imm'nity in one transaction does not e tend to ot er transactions.
The immunity attaches only if the information given turns out to 'e true and correct . "f t e same is false t
e p' lic officer may e$en file criminal and ci$il actions a ainst t e informant for per/'ry and t e
imm'nity 'nder t e decree #ill not protect im.
Re,u-lic Act No& +626 <(lun/er@
-l'nder is a crime defined and penaliIed 'nder ep' lic Act =o. !*%* # ic ecame effecti$e in 1 1. T is
crime some o# modified certain crimes in t e e$ised -enal Code insofa r as t e o$ert acts y # ic a p'
lic officer amasses ac@'ires or acc'm'lates ill otten #ealt are felonies 'nder t e e$ised -enal Code
liHe ri ery (Articles 21* 211 211 A) fra'd a ainst t e p' lic treas'ry OArticle 213P ot er fra'ds (Article
214) mal$ersation (Article 21!) # en t e ill otten #ealt amo'nts to a total $al'e of -5* * ** ***.**. T e
amo'nt #as red'ced from -!5 *** ***.** y ep' lic Act =o. !65 and t e penalty #as c an ed from life
imprisonment to recl'sion perpet'a to deat .
ort of t e amo'nt pl'nder does not arise. Any amo'nt less t an -5* *** ***.** is a $iolation of t e
e$ised -enal Code or t e Anti Jraft and Corr'pt -ractices Act.
8nder t e la# on pl'nder t e prescripti$e period is 2* years commencin from t e time of t e last o$ert
act.
)lunder is committed through a com'ination or series of overt acts:
T ro' misappropriation con$ ersion mis'se or mal$ersation of p' lic f'nds or raids on t e p' lic
treas'ry;
?y recei$in directly or indirectly any commission ift s are percenta e HicH acHs or any ot er form of
pec'niary enefit from any person andLor entity in connection #it any o$ernment contract or
pro/ect y reason of t e office or position of t e p' lic officer;
?y il le al or fra 'd'lent con$eyance or disposition of ass et el on in to t e national o$ernment or any

of its s' di$isions a encies or instr'mentalities or o$ernment o#ned or controlled
corporations and t eir s' sidiaries;
?y o tainin recei$in or acce ptin directly or ind irectly any s a res of stocH e@'ity or any ot er form
of interest or participation incl'din t e promise of f't're employment in any 'siness or
'ndertaHin ;
11
?y esta lis in a ric'lt'ral ind'strial or commercial monopolies or ot er com inations andLor

implementations of decrees and orders intended to enefit partic'lar persons or special
interests; or
?y taHin 'nd'e ad$anta e of of ficial position a't ority relations ip connection or infl'ence to 'n/'stly
enric imself or t emsel$es at t e e pense and to t e dama e and pre/'dice of t e +ilipino
people and t e ep' lic of t e - ilippines.
%hile the crime appears to 'e malum prohi'itum& "epu'lic Act No$ K,H, provides that in the imposition of
penalties& the degree of participation and the attendance of mitigating and aggravating circumstances
shall 'e considered 'y the court $
ANTI=GRA*T AN7 CORRU(T (RACTICES ACT

RA :6!4
(ersons Lia-le#
Any pu'lic officer who shall perform any of the following acts:
-ers'adin ind'cin or infl'encin anot er p' lic officer to perform an act constit'tin a
$iolation of r'les and re 'lations d'ly prom'l ated y competent
a't ority or an offense in connection #it t e official d'ties of t e latter or allo#in
imself to e pers'aded ind'ced or infl'enced to commit s'c $ iolation or offense.
Directly or indirectly re@'estin or recei$in any ift present s are percenta e or enefit
for imself or for any ot er person in connection #it any contract or transaction
et#een t e o$ernment and any ot er party # erein t e p' lic officer in is official
capacity as to inter$ene 'nder t e la#.
Directly or indirectly re@'estin or recei$in any ift present or ot er pec'niary or

material enefit for imself or for anot er from any person for # om t e p' lic officer
in any manner of capacity as sec'red or o tained or #ill sec're or o tain any
Jo$ernment permit or license in consideration for t e eld i$en or to e i$en.
Acceptin or a$in any mem e r of is family accept employment in a pri$ate

enterprise # ic as pendin official 'siness #it im d'rin t e pendency t ereof or #it
in one year after its termination.
Ca'sin any 'nd'e in/'ry to any party incl'din t e Jo$ernment or i$in any pri$ate party
any 'n#arranted enefits ad$anta e or preference in t e disc ar e of is official
administrati$e or /'dicial f'nction t ro' manifest partiality e$ident ad fait or ross
ine c'sa le ne li ence. T is pro$ision s all apply to officers and employees of
offices or o$ernment corporations c ar ed #it t e rant of licenses or permits or ot
er concessions.
=e lectin or ref'sin after d'e demand or re@'est #it o't s'fficient /'stification to act #it
in a reasona le time on any matter pendin efore im for t e p'rpose of o tainin
directly or indirectly from any person interested in t e matter some pec'niary or
material enefit or ad$anta e or for t e p'rpose of fa$orin is o#n interest of i$in
'nd'e ad$anta e in fa$or of or discriminatin a ainst any ot er interested party.
111
Enterin on e alf of t e Jo$ernment into any contract or transaction manifestly and

rossly disad$anta eo's to t e same # et er or not t e p' lic officer profited or #ill
profit t ere y.
Directly or indirectly a$in financial or pec'niary interest in any 'siness contract or

transaction in connection #it # ic e inter$enes or taHe part in is official capacity
or in # ic e is pro i ited y t e constit'tion or y any la# from a$in any interest.
. Directly or indirectly ecomin interested for personal ain or a$in a material

interest in any transaction or act re@'irin t e appro$al of a oard panel or
ro'p of # ic e is a mem er and # ic e ercises discretion in s'c appro$al e$en if e
$otes a ainst t e same or does not participate in t e action of t e
oard committee panel or ro'p.
1*. no#in ly appro$in or rantin any license permit pri$ile e or enefit in fa$or
of any person not @'alified for or not le ally entitled to s'c license permit
pri$ile e or ad$anta e or of a mere representati$e or d'mmy of one # o is not so
@'alified or entitled.
Di$'l in $al'a le informa tion of a confidential c aracter ac@'ired y is office or y im

on acco'nt of is official position to 'na't oriIed persons or releasin s'c
information in ad$ance of its a't oriIed release date.
. Any person a$in family or close personal relation #it any p' lic official # o s all
capitaliIe or e ploit or taHe ad$anta e of s'c family or close personal relation y
directly or indirectly re@'estin or recei$in any present ift or material or pec'niary
ad$anta e from any person a$in some 'siness transaction
application re@'est or contact #it t e o$ernment in # ic s'c p' lic official as to inter$ene ( ec. 4)
Any person # o s all Hno#in ly ind'ce or ca'se any p' lic official to commit any of t e
offenses 'nder (A). ( ec. 4)
po'se or any relati$e y consan 'inity or affinity #it in t e 3 rd ci$il de ree of t e president
of t e - ilippines t e $ice president t e president of t e enate or speaHer of t e o'se of
epresentati$es # o s all inter$ene directly or indirectly in any 'siness transaction
contract or application #it t e o$Ft ( ec. 5).
This prohi!ition shall not apply to:

Any person # o prior to t e ass'mption of office of any of t e a o$e officials to #
om e is related as een already dealin #it t e o$Ft alon t e same line of
'siness;
Any transaction contract or application already e istin or pendin at t e time of

s'c ass'mption of p' lic office;
Any application filed y im t e appro$al of # ic is not discretionary on t e part of t

e official(s) concerned 't depends 'pon compliance #it re@'isites pro$ided y
la# or r'les or re 'lations iss'ed p'rs'ant to la#;
Any act la#f'lly performed an official capacity or in t e e ercise of a profession.
Any mem er of con ress d'rin t e term for # ic e as een elected # o s all ac@'ire
or recei$e any personal pec'niary interest in any specific 'siness enterprise
# ic s all e directly and partic'larly fa$ored or enefited y any la# or resol'tion
a't ored y im pre$io'sly appro$ed or adopted y Con ress d'rin is term.
112
Any p' lic officer # o s all fail to file a tr'e detailed and s#orn statement of
assets and lia ilities #it in 3* days after ass'min office and t ereafter on or
efore t e 15t day of April follo#in t e close of e$ery calendar year as #ell as
'pon t e e piration of is term of office or 'pon is resi nation or separation
from office ( ec. !).
(rima *acie E%i/ence o an/ 7ismissal /ue to uneF,laine/ 1ealth( ec. %)
"f a p' lic official as een fo'nd to a$e ac@'ired d'rin is inc'm ency # et er in
is name or in t e name of ot er persons an amo'nt of property andLor money
manifestly o't of proportion to is salary and to is ot er la#f'l income.
-roperties in t e name of t e spo'se and dependents of s'c p' lic official may e
taHen into consideration # en t eir ac@'isition t ro' le itimate means cannot e
satisfactorily s o#n.
?anH deposits in t e name of or manifestly e cessi$e e pendit'res inc'rred y t e

p' lic official is spo'se or any of t eir dependents incl'din 't not limited to acti$ities
in any cl' or association or any ostentatio's display of #ealt incl'din fre@'ent
tra$el a road of a non official c aracter y any p' lic official # en s'c acti$ities entail
e penses e$idently o't of proportion to le itimate income.
Com,etent court# All prosec'tions 'nder t is Act s all e #it in t e ori in al /'risdiction of t e
andi an ayan ( ec. 1*).
In case none of the principal accused are occupying positions corresponding to salary
grade $> or higher# 0 0 officers occupying the rank of superintendent or higher of their
e5uivalent, exclusive jurisdiction over the case shall be vested in the proper 3egional
Trial 4ourt, Metropolitan Trial 4ourt and Municipal 4ircuit Trial 4ourt as the case may
be. The decision of the court in these cases shall be appealable to the *andiganbayan
which exercises exclusive appellate jurisdiction over them.
"&& (rescri,tion o o enses#all offenses p'nis a le 'nder t is Act s all prescri e in 15 years (
ec. 11).
"5ceptions# 8nsolicited ifts or presents of small or insi nificant $al'e offered or i$en as a
mere ordinary toHen of ratit'de of friends ip accordin to local c'stoms or 'sa e s all e e
cepted from t e pro$isions of t is act ( ec. 14).
?nce the case is filed with the *andiganbayan, by express provision of the law, it
becomes incumbent upon the court to place under preventive suspension the public
officer who stands accused before it. (owever, before the order of susp ension is
issued, it is necessary tha t a pre3suspension
hearing be held by the court wherein the accused is afforded the opportunity to challenge
the validity of the information filed against him. Such right of the
accused to challenge the validity of the information covers FaD the right to challenge the
sufficiency of the recitals of the information vis+G+vis the essential elements of the offense
as defined by substantive law# FbD the right to challenge the validity of the criminal
proceedings leading to the filing of the information, i.e., that he has not been afforded the
right of due preliminary investigation, or that the acts for which he stands charged do not
constitute a violation of the provisions of 3. . o. :!B, which would warrant his mandatory
suspension from office under *ection ! of this ct# and FcD the right to raise the issue that the
information can be 5uashed under any of the grounds provided in *ection $, 3ule !!> of the
3ules of 4ourt &People vs. Albano, 18' 30A 11).
113
?nce the information is found to be sufficient in form and substance, the court must
issue the suspension order as a matter of course and there are no ifs and buts about
it &:a!ot vs. andiganba!an, et al., 125 30A '5').
0reventive suspension is resorted to in order to prevent the accused from using his
office to intimidate witnesses or frustrate his prosecution or continue committing
malfeasance in office because the presumption is that unless the accused is
suspended, he may frustrate his prosecution to commit further acts of malfeasance or
both &:a!ot vs. andiganba!an, et al., s#pra).
8When the administrative case against the officer or employee under preventive
suspension is not finally disposed of by the disciplining authority within the period of
ninety FB:D days after the date of suspension of the respondent who is not a
presidential appointee, the respondent shall be automatically reinstated in the
service2 0rovided, That when the delay in the disposition of the case is due to the
fault, negligence or petition of the respondent, the period of delay shall not be counted
in computing the period of suspension herein provided.9& egovia vs. andiganba!an)
ORTEGA NOTES#
T e mere act of a p' lic officer demandin an amo'nt from a ta payer to # om e is to render p' lic
ser$ice does not amo'nt to ri ery 't #ill amo'nt to a $iolation of t e Anti raft and Corr'pt -ractices Act.
"ll'stration
A co'rt secretary recei$ed -5** .** from a liti ant to set a motion for an early earin . T is is direct ri
ery e$en if t e act to e performed is #it in is official d'ty so lon as e recei$ed a
consideration t erefor.
"f t e secretary pers'aded t e /'d e to maHe a fa$ora le resol'tion e$en if t e /'d e did not do so t is
constit'tes a $iolation of Anti Jraft and Corr'pt -ractices Act ' ection A.
8nder t e Anti Jraft and Corr'pt -ractices Act partic'larly ection 3 t ere are se$eral acts defined as
corr'pt practices. ome of t em are mere repetit ions of t e act already penaliIed 'nder t e e$ised
-enal Code liHe pro i ited transactions 'nder Article 215 and 216. "n s'c a case t e act or omission
remains to e mala in se.
?'t t ere are acts penaliIed 'nder t e Anti Jraft and Corr'pt -ractices Act # ic are not penaliIed 'nder t
e e$ise d -enal Code. T ose acts may e considered as mala pro i i ta. T erefore ood fait is not a
defense.
"ll'stration
CATC0 A77 - >&" ">=G
ection 3 (e) of t e Anti Jraft and Corr'pt -ractices Act B ca'sin 'nd'e in/'ry to t e o$ernment or a
pri$ate party y i$in 'n#arranted enefit to t e party # om does not deser$e t e same.
"n t is case ood fait is not a defense eca'se it is in t e nat're of a mal'm pro i it'm. Criminal intent on t e part of t e
offend er is not re@'ired. "t is eno' t at e perf ormed t e
pro i ited act $ol'ntarily. E$en t o' t e pro i ited act may a$e enefited t e o$ernment. T e crime is still
committed eca'se t e la# is not after t e effect of t e act as lon as t e act is pro i ited.
ection 3 ( ) of t e Anti Jraft and Corr'pt -ractices Act B # ere a p' lic officer entered into a contract
for t e o$ernment # ic is manifestly disad$anta eo's to t e o$ernment e$en if e did not profit from t
e transaction a $iolation of t e Anti Jraft and Corr'pt -ractices Act is committed.
"f a p' lic officer #it is office and a pri$ate enterprise ad a transaction and e allo#s a relati$e or mem
er of is family to accept employment in t at enterprise ood fait is not a defense eca'se it is a mal'm
pro i it'm. "t is eno' t at t at t e act #as performed.
: ere t e p' lic officer is a mem er of t e oard panel or ro'p # o is to act on an application of a contract
and t e act in$ol$ed one of discretion any p' lic office r # o is a mem er of t at
114
oard panel or ro'p e$en t o' e $oted a ainst t e appro$al of t e application as lon as e as an
interest in t at 'siness enterprise # ose application is pendin efore t at oard panel or ro'p t e p' lic
officer concerned s all e lia le for $iolation of t e Anti Jraft and Corr'pt -ractices Act. 0is only co'rse
of action to a$oid prosec'tion 'nder t e Anti raft and Corr'pt -ractices Act is to sell is interest in t e
enterprise # ic as filed an application efore t at oard panel or ro'p # ere e is a mem er. >r ot er#ise
e s o'ld resi n from is p' lic position.
"ll'stration
en. Dominador Aytono ad an interest in t e "li an teel Mills # ic at t at time #as ein s' /ect of an
in$esti ation y t e enate Committee of # ic e #as a c airman. 0e #as
t reatened #it prosec'tion 'nder ep' lic Act =o. 3*1 so e #as compelled to sell all is interest in t at
steel mill; t ere is no defense. ?eca'se t e la# says so e$en if e $oted a ainst
it e commits a $iolation t ereof.
T ese cases are filed #it t e >m 'dsman and not #it t e re 'lar prosec'torFs office. K'risdiction is e
cl'si$ely #it t e andi an ayan. T e acc'sed p' lic officer m'st e s'spended # en t e case is already filed
#it t e andi an ayan.
8nder t e Anti Jraft and Corr'pt -ractices Act t e p' lic officer # o is acc'sed s o'ld not e a'tomatically
s'spended 'pon t e filin of t e information in co'rt. "t is t e co'rt # ic #ill order t e s'spension of t e p' lic
officer and not t e s'perior of t at p' lic officer. As lon as t e co'rt as not ordered t e s'spension of t e
p' lic officer in$ol$ed t e s'perior of t at p' lic officer is not a't oriIed to order t e s'spension simply
eca'se of t e $iolation of t e Anti Jraft and Corr'pt -ractices Act. T e co'rt #ill not order t e s'spension
of t e p' lic officer #it o't first passin 'pon t e $alidity of t e information filed in co'rt. :it o't a earin t e
s'spension #o'ld e n'll and $oid for ein $iolati$e of d'e process.
"ll'stration
A p' lic officer #as assi ned to direct traffic in a $ery 'sy corner. : ile t ere e ca' t a t ief in t e act of liftin t e #allet of a pedestrian.
As e co'ld not lea$e is post e s'mmoned a
ci$ilian to deli$er t e t ief to t e precinct. T e ci$ilian a reed so e left #it t e t ief. : en t ey #ere eyond
t e $ie# of t e policeman t e ci$ilian allo#ed t e t ief to o ome. : at #o'ld e t e lia ility of t e p' lic
officer<
T e lia ility of t e traffic policeman #o'ld e merely administrati$e. T e ci$ilian as no lia ility at all.
+irstly t e offender is not yet a prisoner so t ere is no acco'nta ility yet. T e term prisonerG refers
to one # o is already ooHed and incarcerated no matter o# s ort t e time may e.
T e policeman co'ld not e said as a$in assisted t e escape of t e offender eca'se as t e pro lem
says e is assi ned to direct traffic in a 'sy corner street. o e cannot e considered as fallin 'nder t e t
ird 3rd para rap of Article 1 t at #o'ld constit'te is as an accessory.
T e same is tr'e #it t e ci$ilian eca'se t e crime committed y t e offender # ic is snatc in or a Hind of
ro ery or t eft as t e case may e is not one of t ose crimes mentioned 'nder t e t ird para rap of
Article 1 of t e e$ised -enal Code.
: ere t e p' lic officer is still inc'm ent t e prosec'tion s all e #it t e >m 'dsman.
: ere t e respondent is separated from ser$ice and t e period as not yet prescri ed t e information s
all e filed in any prosec'tionFs office in t e city # ere t e respondent resides. T e prosec'tion s all file
t e case in t e e ional Trial Co'rt 'nless t e $iolation carries a penalty i er t an prision correccional in
# ic case t e andi an ayan as /'risdiction.
T e fact t at t e o$ernment enefited o't of t e pro i ited act is no defense at all t e $iolation ein mala
pro i ita.
ection 3 (f) of t e Anti Jraft and Corr'pt -ractices Act B # ere t e p' lic officer ne lects or ref'ses to
act on a matter pendin efore im for t e p'rpose of o tainin any pec'niary or material enefit or
ad$anta e in fa$or of or discriminatin a ainst anot er interested party.
T e la# itself additionally re@'ires t at t e acc'sedFs dereliction esides ein #it o't /'stification m'st e
for t e p'rpose of o tainin from any person interested in t e matter some pec'niary or material enefit
or for t e p'rpose of fa$orin any interested party or discriminatin a ainst anot er interested party. T is
element is indispensa le.
115
"n ot er #ords t e ne lect or ref'sal to act m'st moti$ated y ain or enefit or p'rposely to fa$or t e ot
er interested party as eld in Corona/o %& SB. decided on A' 'st 1% 1 3.
Re,u-lic Act No& !:+4 <*or eiture o Ill=gotten 1ealth@
Correlate #it A 13! properly 'nder emedial 7a#. T is pro$ides t e proced're for forfeit're of t e ill otten
#ealt in $iolation of t e Anti Jraft and Corr'pt -ractices Act. T e proceedin s are ci$il and not criminal
in nat're.
Any ta payer a$in Hno#led e t at a p' lic officer as amassed #ealt o't of proportion to t is
le itimate income may
officer resides or olds
file acomplaint #itte prosec'torFs officeoft e place #ere t
office .Teprosec'tor cond'cts apreliminary in $ estiation /'st
e p' lic
liHe in a criminal case and e #ill for#ard is findin s to t e office of t e olicitor Jeneral. T e olicitor Jeneral #ill
determine # et er t ere is reasona le ro'nd to elie$e t at t e respondent as acc'm'lated an 'ne plained #ealt .
"f t e olicitor Jeneral finds pro a le ca'se e #o'ld file a petition re@'estin t e co'rt to iss'e
#rit commandin t e respondent to s o# ca'se # y t e ill otten #ealt descri ed in t e petition s o'ld not e
forfeited in fa$or of t e o$ernment. T is is co$ered y t e 'les on Ci$il -roced're. T e respondent is
i$en 15 days to ans#er t e petition. T ereafter trial #o'ld proceed. K'd ment is rendered and appeal
is /'st liHe in a ci$il case. emem er t at t is is not a criminal proceedin . T e asic difference is t at t e
preliminary in$esti ation is cond'cted y t e prosec'tor.
*RAU7S AN7 ILLEGAL E ACTIONS AN7 TRANSACTIONS
Article 5!:
*RAU7S AGAINST (UBLIC TREASURY
ELEMENTS# <,ar& !@
That the offender be a p#blic officer.
That he sho#ld have ta%en advantage of his off ice, that is, he int ervened in the
transaction in his official capacit!.
That he entered into an agreement with an! interested part! or spec#lator or made
#se of an! other scheme with regard to &a) f#rnishing s#pplies &b) the ma%ing
of contracts, or &c) the ad/#stment or settlement of acco#nt relating to a p#blic
propert! or f#nds.
That the acc#sed had intent to defra#d the government.
Notes#
T e p' lic officer m'st act in is official capacity
. T e felony is cons'mmated y merely enterin into an a ree ment #it any

interested party or spec'lator or y merely maHin 'se of any sc eme to
defra'd t e Jo$ernment
The essence of this crime is ma/ing the government pay for something not received or ma/ing it pay more
than what is due$ It is also committed 'y refunding more than the amount which should properly 'e
refunded. T is occ'rs 's'ally in cases # ere a p' lic officer # ose official d'ty is to proc're s'pplies for t e
o$ernment or enter into contract for o$ernment transactions conni$es #it t e said s'pplier #it t e
intention to defra'd t e o$ernment. Also # en certain s'pplies for t e o$ernment are p'rc ased for t e i
price 't its @'antity or @'ality is lo#.
=ot all fra'ds #ill constit'te t is crime. There must 'e no fixed allocation or amount on the matter acted
upon 'y the pu'lic officer$
116
This is a
The allocation or outlay was made the 'asis of fraudulent *uotations made 'y the pu'lic officer involved$
+or example t ere #as a need to p't some additional li tin alon a street and no one Hno#s o# m'c it #ill cost. An officer #as
asHed to can$ass t e cost 't e conni$ed #it t e seller of li t 'l s pricin eac li t 'l at -55*.** instead of t e act'al price of -5**.**.
case of fraud against pu'lic treasury$
"f t ere is a fi ed o'tlay of -2* ***.** for t e li tin apparat's needed and t e p' lic officer conni$ed #it t e
seller so t at alt o' allocation #as made a lesser n'm er #as asHed to e deli$ered or of an inferior
@'ality or second and. In this case there is no fraud against the pu'lic treasury 'ecause there is a fixed
allocation$ The fraud is in the implementation of procurement$
That would constitute the crime of other fraud in Article +58& which is in the nature of swindling or estafa$
?e s're to determine # et er fra'd is a ainst p' lic treas'ry or one 'nder Article 214.
ILLEGAL E ACTIONS <,ar 5@
ELEMENTS#
The offender is a p#blic officer entr#sted with the collection of ta"es, licenses, fees
and other imposts.
9e is g#ilt! of an! of the following acts or omissions7
demanding, directl! or indirectl! the pa!ment of s#ms different from or larger

than those a#thori*ed b! law, or
failing vol#ntaril! to iss#e a receipt, as provided b! law, for an! s#m of mone! collected b! him
officiall!, or
3ollecting or receiving, directl! or indirectl!, b! wa! of pa!ment or otherwise,

things or ob/ects of a nat#re different from that provided b! law.
Notes#
T is can only e committed principally y a p' lic officer # ose official d'ty is to collect ta es license
fees import d'ties and ot er d'es paya le to t e o$ernment.
=ot any p' lic officer can commit t is crime. >t er#ise it is estafa. +i ers cannot commit t is crime
'nless e conspires #it t e p' lic officer a't oriIed to maHe t e collection.
T e essence of the crime is not misappropriation of any of t e amo'nts 't t e improper maHin of t e
collection # ic #o'ld pre/'dice t e acco'ntin of collected amo'nts y t e o$ernment.
Mere demand of a lar er or different amo'nt is s'fficient to cons'mmate t e
crime. T e essence is t e improper collection (dama e to o$Ft is not re@'ired)
On the first form of illegal exaction
"n t is form mere demand #ill cons'mmate t e crime e$en if t e ta payer s all ref'se to come across
#it t e amo'nt ein demanded. T at #ill not affect t e cons'mmation of t e crime.
"n t e demand it is not necessary t at t e amo'nt ein demanded is i er t an # at is paya le to t e

o$ernment. T e amo'nt ein demanded may e less t an t e amo'nt d'e t e o$ernment.
. "f s'ms are recei$ed #it o't demandin t e same a felony 'nder t is article is
not committed. 0o#e$er if t e s'm is i$en as a sort of ift or ratification t e
crime is indirect ri ery
c. : en t ere is deceit in demandin lar er fees t e crime committed is estafa

11%
d. May e comple ed #it mal$ersation
=ote t at t is is often committed with malversation or estafa eca'se # en a p' lic officer s all demand an
amo'nt different from # at t e la# pro$ides it can e e pected t at s'c p' lic officer #ill not t'rn o$er is
collection to t e o$ernment.
"ll'strations
A taxpayer goes to the local municipal treasurer to pay real estate taxes on his land$ Actually& what is
due the government is )8,,$,, only 'ut the municipal treasurer
demanded )1,,$,, . ?y t at dema nd alone t e crime of ille al e action is already committed e$en t o' t e ta payer does not pay t
e -5**.**.
.uppose the taxpayer came across with )1,,$,,$ But the municipal treasurer& thin/ing that he would a'stract
the )5,,$,,& issued a receipt for only )8,,$ ,,$ The taxpayer would naturally as/ the municipal
treasurer why the receipt was only for )8,,$ ,,$ The treasurer answered that the )5,,$ ,, is
supposed to 'e for document ary stamps$ The taxpayer left$
9e has a receipt for )8,,$,,$ The municipal treasurer turned over to the government coffers )8,,$,,
'ecause that is due the government and poc/eted the )5,,$,,$
T e mere fact t at t ere #as a demand for an amo'nt different from # at is d'e t e
o$ernment t e p' lic officer already committed t e crime of ille al e action.
On the )5,,$,, which the pu'lic officer poc/eted& will it 'e malversation or estafaQ
"n t e e ample i$en t e p' lic officer did not incl'de in t e official receipt t e -1**.** and t
erefore it did not ecome part of t e p' lic f'nds. "t remained to e pri$ate. "t is t e ta payer # o
as een defra'ded of is -1**.** eca'se e can ne$er claim a
ref'nd from t e o$ernment for e cess payment since t e receipt iss'ed to im #as only -4**.**
# ic is d'e t e o$ernment. As far as the )5,,$,, is concerned& the crime committed is estafa$
A taxpayer pays his taxes$ %hat is due the government is )8,,$,, and the pu'lic officer issues a receipt for )
1,,$,, upon payment of the taxpayer of said amount demanded 'y the pu'lic officer involved$ But
he altered the dupli cate to reflect onl y )8,,$,, and he extracted the difference of )5,,$,,$
"n t is case t e entire -5**.** #as co$ered y an official receipt. T at act of co$erin t e # ole
amo'nt recei$ed from t e ta payer in an official receipt #ill a$e t e c aracteristics of ecomin
a part of t e p' lic f'nds. The crimes committed& therefore& are the following:
Illegal exaction B for collectin more t an e is a't oriIed to collect. T e mere act of demandin is
eno' to constit'te t is crime.
() <alsification B eca'se t ere #as an alteration of official doc'ment # ic is t e d'plicate

of t e official receipt to s o# an amo'nt less t an t e act'al amo'nt
collected.
#alversation B eca'se of is act of misappropriatin t e -1**.** e cess # ic #as co$er ed y an

official recei pt already e$en t o' not paya l e to t e o$ernment. T e entire -5**.**
#as co$er ed y t e receipt t erefore t e
# ole amo'nt ecame p' lic f'nds. o # en e appropriated t e -1** for is o#n enefit e
#as not e tractin pri$ate f'nds anymore 't p' lic f'nds.
.hould the falsification 'e complexed with the malversationQ
As far as t e crime of ille al e action is concerned it #ill e t e s' /ect of separate acc'sation
eca'se t ere t e mere demand re ardless of # et er t e ta payer #ill pay or not #ill already
cons'mmate t e crime of ille al e action. "t is t e reac of tr'st y a p' lic officer entr'sted to
maHe t e collection # ic is penaliIed 'nder s'c article. T e falsification or alteration made on
t e d'plicate can not e said as a means to commit mal$ersation. At most & the duplicate was
altered in order to conceal the malversation$
.o it cannot 'e complexed with the malversation$
11&
"t cannot also e said t at t e falsification is a necessary means to commit t e mal$ersation

eca'se t e p' lic officer can misappropriate t e -1**.** #it o't any falsification. All t at e as to
do is to et t e e cess of -1**.** and misappropriate it. o t e falsification is a separate
acc'sation.
0o#e$er illegal exaction may 'e complexed with malversation 'ecause illegal exaction is a
necessary means to 'e a'le to collect the )5,,$,, excess which was malversed$
"n t is crime pay attention to # et er t e offender is t e one c ar ed #it t e collection

of t e ta license or impost s' /ect of t e misappropriation. If he is not the one authori(ed 'y
disposition to do the collection& the crime of illegal exaction is not
committed$
"f it did not i$e rise to t e crime of ille al e action t e f'nds collected may not a$e
ecome part of t e p' lic f'nds. "f it ad not ecome part of t e p' lic f'nds or ad not ecome
impressed #it ein part of t e p' lic f'nds it cannot e t e s' /ect of mal$ersation. It will give rise
to estafa or theft as the case may 'e$
The #unicipal Treasurer demanded )1,,$,, when only )8,,$,, was due$ 9e issued the receipt at )8,,$,, and
explained to taxpayer that the )5,, was for documentary stamps$ The #unicipal Treasurer placed
the entire )1,,$, , in the vault of the office$ %hen he needed money& he too/ the )5,,$,, and spent
it$
The following crimes were committed:
Illegal exaction B for demandin a different amo'nt;
( )Estafa B for decei$in t e ta payer; and
#alversation B for ettin t e -1**.** from t e $a'lt.
Alt o' t e e cess -1**.** #as not co$ered y t e >fficial eceipt it #as commingled with the other
pu'lic funds in the vault ; ence it ecame part of p' lic f'nds and s' se@'ent e traction t ereof
constit'tes mal$ersation.
=ote t at n'm ers 1 and 2 are comple ed as ille al e action #it estafa # ile in n'm er 3
mal$ersation is a distinct offense.
T e issuance of the Official "eceipt is the operative fact to convert the payment into pu'lic funds.
T e payor may demand a ref'nd y $irt'e of t e >fficial eceipt.
"n cases # ere t e payor decides to let t e official to Heep t e c an eG if t e latter s o'ld pocHet t e
e ces s e s all e lia le for mal$ersation. T e official as no ri t 't t e o$ernment 'nder t e principle of
accretion as t e o#ner of t e i er amo'nt ecomes t e o#ner of t e # ole.
>n t e second form of ille al e action
The act of receiving payment due the government without issuing a receipt will give rise to illegal exaction
even though a provisional receipt has 'een issued$ %hat the law re*uires is a receipt in the form prescri'ed
'y law& which means official receipt$
"ll'stration
"f a o$ernment cas ier or officer to # om payment is made iss'ed a receipt in is o#n pri$ate form #
ic e calls pro$isional e$en t o' e as no intention of misappropriatin t e amo'nt recei$ed y im t e mere
fact t at e iss'ed a receipt not in t e form prescri ed y la# t e crime of ille al e action is committed. T
ere m'st e $ol'nt ary fail're to iss'e t e >fficial eceipt.
>n t e t ird form of ille al e action
nder the rules and regulations of the government& payment of chec/s not 'elonging to the taxpayer& 'ut
that of chec/s of other persons& should not 'e accepted to settle the o'ligation of that person$
11-
"ll'stration
A ta payer pays is o li ation #it a c ecH not is o#n 't pertainin to anot er. ?eca'se of t at t e c ecH
o'nced later on.
T e crime committed is ille al e action eca'se t e payment y c ecH is not allo#ed if t e c ecH does
not pertain to t e ta payer imself 'nless t e c ecH is a mana erFs c ecH or a certified c ecH
amended already as of 1 *. ( ee t e case of oman Cat olic.)
8nder Article 213 if any of t ese acts penaliIed as ille al e action is committed y t ose employed in t
e ?'rea' of C'stoms or ?'rea' of "nternal e$en'e t e la# t at #ill apply to t em #ill e t e e$ised
Administrati$e Code or t e Tariff and C'stoms Code or =ational e$en'e
Code.
T is crime does not re@'ire dama e to t e o$ernment.
Officers and employees of the 1)( or Customs are not covered !y the article.
T e =" C or Administrati$e Code is t e applica le la#
T ese officers are a't oriIed to maHe impositi ons and to enter into comprom ises. ?eca'se of t is
discretion t eir demandin or collectin different from # at is necessary is le al
Article 5!"
OT8ER *RAU7S
ELEMENTS#
That he ta%es advantage of his official position.
That he commits an! of the fra#ds or deceits en#merated in art. '1 to '15. &
estafa- swindling)
Note# TC as /'risdiction o$er t e offense eca'se t e principal penalty is dis@'alification
Article 5!'
(RO8IBITE7 TRANSACTIONS
ELEMENTS#
That the offender is an appointive p#blic officer.
That he becomes interested, directl! or indirectl!, in an! transaction of e"change or

spec#lation.
That the transaction ta%es place within the territor! s#b/ect to his /#risdiction.
That he becomes interested in the transaction d#ring his inc#mbenc!.
Notes#
"5amples of transactions of e5change or speculation are: 'yin and sellin stocHs
commodities land etc # erein one opes to taHe ad$anta e of an e pected rise or
fall in price
. -'rc asin of stocHs or s ares in a company is simple in$estment and not a

$iolation of t e article. 0o#e$er re 'larly 'yin sec'rities for resale is
spec'lation
Article 5!)
12
(OSSESSION O* (RO8IBITE7 INTERESTS BY A (UBLIC O**ICER
1ho are lia-le#

P#blic officer B in any contract or 'siness in # ic it is is official d'ty to inter$ene.
"perts, arbitrators and private acco#ntants B in any contract or transaction

connected #it t e estate or property in t e appro$al distri 'tion or ad/'dication of #
ic t ey ad acted.
G#ardians and e"ec#tors B #it respect to property elon in to t eir #ards or t e estate.
Notes#
Act'al fra'd is not necessary.
. Act is p'nis ed eca'se of t e possi ility t at fra'd may e committed or t at t e

officer may place is o#n interest a o$e t at of t e Jo$ernment or party
# ic e represents
The mere violation of the prohibition is already punished even if no actual fraud occurs
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 he represents. &>. . vs. >darbe,
25 Phil. '5')
Section !". Article 3I o the Constitution
=o enator or Mem er of t e 0o'se of epresentati$es may personally appear as co'nsel efore

any co'rt of /'stice or efore t e Electoral Tri 'nals or @'asi /'dicial and ot er administrati$e odies. =eit
er s all e directly or indirectly e interested financially in any contract #it or in any franc ise or special
pri$ile e ranted y t e Jo$ernment or any s' di$ision a ency or instr'mentality t ereof incl'din any
o$ernment o#ned or controlled corporation or its s' sidiary d'rin is term of office. 0e s all not
inter$ene in any matter efore any office of t e o$ernment for is pec'niary enefit or # ere e may e
called 'pon to act on acco'nt of is office.
Section !:. Article 3II o the Constitution
T e -resident &ice -resident t e Mem ers of t e Ca inet and t eir dep'ties or assistant s all
not 'nless ot er#ise pro$ided in t is Constit'tion old any ot er office or employment d'rin t eir ten're. T
ey s all not d'rin said ten're directly or indirectly practice any ot er profession participate in any
'siness or e financially interested in any contract #it or in any franc ise or special pri$ile e ranted y t
e Jo$ernment or any s' di$ision a ency or instr'mentality t ereof incl'din o$ernment o#ned or
controlled corporations or t eir
s' sidiaries. T ey s all strictly a$oid conflict of interest in t e cond'ct of t eir office.
Section 5. Article I =A o the Constitution
=o mem er of a Constit'tional Commission s all d'rin is ten're old any office or employment.
=eit er s all e en a e in t e practice of any profession or in t e acti$e mana ement or control of any
'siness # ic in any #ay may e affected y t e f'nctions of is office nor s all e e financially interested
directly or indirectly in any contract #it or in any franc ise or pri$ile e ranted y t e o$ernment or any
of its s' di$isions a encies or instr'mentalities incl'din o$ernment o#ned or controlled corporations or
t eir s' sidiaries.
MAL3ERSATION O* (UBLIC *UN7S OR (RO(ERTY

121
Article 5!+
MAL3ERSATION O* (UBLIC *UN7S OR (RO(ERTY
ELEMENTS COMMON TO ALL ACTS MAL3ERSATION O* (UBLIC *UN7S OR (RO(ERTY

#
That the offender be a p#blic officer &or private person if entr#sted with p#blic
f#nds or connived with p#blic officers)
That he had the c#stod! or control of f#nds or propert! & if not accounta'le for the
funds& theft or *ualified theft)
That those f#nds or propert! were p#blic f#nds or propert! & even if private funds if
attached& sei(ed& deposited or commingled with pu'lic funds)
That he7
Appropriated the f#nds or propert!
Too% or misappropriated them
3onsented or, thro#gh abandonment or negligence, permitted an! other person

to ta%e s#ch p#blic f#nds or propert!. & it is not necessary that the offender
profited there'y$ 9is 'eing remiss in the duty of safe/eeping pu'lic funds violates the
trust reposed)
%oncept of -alversation
It consists in the misappropriation or conversion of public funds or property to one=s

personal use or knowingly, or through abandonment or negligence allowing other to
use or appropriate the same. The offender is made liable because of the nature of his
duties to take care of the funds or property entrusted to him with the diligence of a
good father of a family. (e is accountable by virtue of the nature of his office to account
for funds or properties that come to his possession. "f he is not accountable for the funds
or properties and he misappropriates the same, the crime will not be malversation but estafa
under Article 4)*.
Mal$ersation is ot er#ise called em!ezzlement
T is crime is predicated on t e relations ip of t e offender to t e property or f'nds in$ol$ed. T e

offender m'st e acco'nta le for t e property misappropriated. "f t e f'nd or property t o' p' lic in c
aracter is t e responsi ility of anot er officer mal$ersation is not committed 'nless t ere is conspiracy.
In determining whether the offender is liable for malversation, it is the nature of the
duties of the public officer that controls. While the name of the office is
important, what is controlling is whether in performing his duties as a public officer, he has to
account or is re5uired by the nature of the performance of a
duty, to render an account on the money or property that came into his
possession.
"t is not necessary t at t e offender profited eca'se some ody else may a$e misappropriated t e
f'nds in @'estion for as lon as t e acco'nta le officer #as remiss in is d'ty of safeHeepin p' lic f'nds or
property. 0e is lia le for mal$er sation if s'c f'nds #ere lost or ot er#is e misappropriated y anot er.
"t can e committed eit er #it malice or t ro' ne li ence or impr'dence
There is no crime of malversation through negligence . T e crime is mal$ersation plain and

simple # et er committed t ro' dolo or c'lpa. T ere is no crime of mal$ersation 'nder Article 365 B on
criminal ne li ence B eca'se in mal$ersation 'nder Article 21! t e same
122
penalty is imposed # et er t e mal$ersation res'lts from ne li ence or #as t e prod'ct of deli erate
act.
"n determinin # et er t e offender is a p' lic officer # at is controllin is t e nature of

his office and not t e desi nation
The offender& to commit malversation& must 'e accounta'le for the funds or property misappropriated 'y
him. "f e is not t e one acc o'nta le 't some ody else t e crime committed is theft$ "t #ill e *ualified
theft if t ere is a 'se of confidence.
Acco'nta le officer does not refer only to cas ier dis 'rsin officers or property c'stodian$ Any
pu'lic officer having custody of pu'lic funds or property for which he is accounta'le can commit the crime of
malversation if e #o'ld misappropriate s'c f'nd or property or allo# ot ers to do
so.
T e funds or property must 'e received in an official capacity . >t er#ise t e crime committed is
estafa
%hen private property is attached or sei(ed 'y pu'lic authority and the pu'lic officer accounta'le therefor
misappropriates the same& malversation is committed also$
"ll'stration
"f a s eriff le$ied t e property of t e defendants and a sconded #it it e is not lia le of @'alified t eft 't
of mal$ersation e$en t o' t e property elon ed to a pri$ate person. T e seiI're of t e property or f'nd
impressed it #it t e c aracter of ein part of t e p' lic f'nds it ein in c'stodia le is. +or as lon as t e p' lic
officer is t e one acco'nta le for t e f'nd or property t at #as misappropriated e can e lia le for t e
crime of mal$ersation. A sent s'c relation t e crime co'ld e t eft simple or @'alified.
'stafa -alversation
It is usually committed by a private 4ommitted by accountable public
individual officers
7unds or property of misappropriation are The object is public fund or property.
privately owned.
The offender appropriates personally the 0ersonal appropriation is not
funds or property. indispensable because allowing
others to commit the misappropriation is
also malversation.
: en a p' lic officer as official c'stody or t e d'ty to collect or recei$e f'nds d'e t e
o$ernment or t e o li ation to acco'nt for t em is misappropriation of t e
same constit'tes mal$ersation
=ote t at t e moment any money is commin led #it t e p' lic f'nd e$en if not d'e t e
o$ernment it ecomes impr essed #it t e c aract eristic of ein part of p' lic f'nds. >nce
t ey are commin led yo' do not Hno# anymore # ic elon to t e o$ernment and # ic
elon to t e pri$ate persons. o t at a p' lic $a'lt or safe s o'ld not e 'sed to old any f'nd
ot er t at # at is d'e to t e o$ernment.
"n malversation thru negligence t e ne li ence of t e acco'nta le p' lic officer

m'st e positi$ely and clearly s o#n to e ine c'sa le appro imatin fra'd or malice
nder 4urisprudence # en t e p' lic officer lea$es is post #it o't locHin is dra#er t ere is ne li ence. T
's e is lia le for t e loss.
123
T e measure of negligence to 'e o'served is t e standard of care commens'rate #it t e

occasion
: en mal$ersation is not committed t ro' ne li ence lacH of criminal intent or ood fait
is a defense
T e fail're of a p' lic officer to a$e any d'ly fort comin p' lic f'nds or property
'pon demand y any a't oriIed officer s all e prima facie e$idence t at e as p't s'c
missin f'nds or property to personal 'se. 9owever if at t e $ery moment
# en t e s orta e is disco$ered t e acco'nta le officer is notified and e
immediately pays t e amo'nt from is pocHet t e pres'mption does not arise
n accountable public officer may be convicted even if there is no direct evidence of
misappropriation and the only evidence is the shortage in his account which he has
not been able to explain satisfactorily. &Palma Gil vs.
People)
If a public officer reports the loss of money before a cash examination is conducted
and the cause of the loss as reported has a distinct ring of truth to it, the legal
presumption of prima facie evidence of guilt will not apply. In order to support
conviction, the prosecution must prove the actual misappropriation of the missing
funds.& alvacion vs. The 9onorable andiganba!an,
G. 0. Fo. 852'', #l! 11, 1=58)
To rebut the presumption of guilt prima facie under Article 5)-, the accused must raise the
issue of accuracy, correctness and regularity in the conduct of audit. If asked for a second
audit before the filing of the information against him and the same was denied, and during
the trial, some disbursement vouchers were introduced which were not considered in the
first audit, the denial of the re5uest for a second audit is fatal to the cause of the prosecution
because in the meantime, the evidence introduced does not establish a fact beyond
reasonable doubt. (ad the re+audit re5uested by the accused been accorded due course,
the remaining balance could have been satisfactorily accounted for. &6ahina! vs. The
andiganba!an. G. 0. Fo. 81442, 6a! =,
1=5=)
et'rnin t e em eIIled f'nds is not e emptin it is only miti atin
-ayment of t e amo'nt misappropriated or restit'tion of property misappropriated does not

erase criminal lia ility 't only ci$il lia ility.
T ere is also no malversation # en t e acco'nta le officer is o li ed to o o't of is

office and orro# t e amo'nt correspondin to t e s orta e and later t e missin
amo'nt is fo'nd in an 'nacc'stomed place
A person # ose ne li ence made possi le t e commission of mal$ersation y anot er can

e eld lia le as a principal y indispensa le cooperation
"t is not necessary t at t e acco'nta le p' lic officer s o'ld act'ally misappropriate t e f'nd or property
in$ol$ed. "t is eno' t at e as $iolated t e tr'st reposed on im in connection #it t e property.
Demand as #ell as dama e to t e o$ernment are not necessary elements
=ote t at dama e on t e part of t e o$ern ment is not considered an essential element. "t is eno' t at t
e proprietary ri ts of t e o$ernment o$er t e f'nds a$e een dist'r ed t ro' reac of tr'st.
The grant of loans through the vale system is a clear case of an accountable officer
consenting to the improper or unauthori)ed use of public funds by
124
other persons, which is punishable by law. To tolerate such a practice is to give a

license to every disbursing officer to conduct a lending operation with the use of public
funds. There is no law or regulation allowing accountable officers to extend loans to
anyone against the 8vales9 or chits given in exchange by the borrowers. &6eneses vs.
andiganba!an)
A private person may also commit malversation under the following situations:
657 Conspiracy with a pu'lic officer in committing malversation-
6+7 %hen he ha s 'ecome an acc omplice or ac cessory to a pu'lic officer who c ommits
malversation-
%hen the private person is made the custodian in whatever capacity of pu'lic funds or property& whether
'elonging to national or local government& and he misappropriates the same-
%hen he is constituted as the depositary or administrator of funds or property sei(ed or attached 'y pu'lic
authority even though said funds or property 'elong to a private individual$
Technical malversation is not included in the crime of malversation . "n malversation& t e offender
misappropriates p' lic f'nds or property for is o#n personal 'se or allo#s any ot er person to taHe s'c
f'nds or property for t e latterFs o#n personal 'se. "n technical malversation t e p' lic officer applies t e
p' lic f'nds or property 'nder is administration to anot er p' lic 'se different from t at for # ic t e p' lic
f'nd #as appropriated y la# or ordinance. eco'rse +ile t e proper information.
Article 5!2
*AILURE O* ACCOUNTABLE O**ICER TO REN7ER ACCOUNTS
ELEMENTS#
That the offender is a p#blic officer, whether in the service or separated therefrom.
That he m#st be an acco#ntable officer for p#blic f#nds propert!.
That he is re #ired b! law or reg #lation to rende r acco#nts to the commi ssion on
a#dit, or to a provincial a#ditor.
That he fails to do so for a peri od of two mon ths after s#ch acco#nts sho#ld be
rendered.
The public officers &ho are bound to render accounts are the follo&ing:
!. cashiers
$. storekeepers
. warehousemen and
those who by the nature of their position become custodian or public funds or
property.
Note# 0emand and misappropriation are not necessary
It is sufficient that there is a law or regulation re5uiring him to render an account. It

is the failure to follow the re5uirement of the law that is made punishable. It is not
necessary that the offender prevent the situation of the crime being committed
because of the failure of the accountable officer to render an account.
Article 5!4
125
*AILURE O* A RES(ONSIBLE (UBLIC O**ICER TO REN7ER ACCOUNTS BE*ORE

LEA3ING T8E COUNTRY
ELEMENTS#
That he m#st be an acco#ntable officer for p#blic f#nds or propert!.
That he m#st hav e #nlawf#ll! left &or be on the po int of leaving) the Philippines
witho#t sec#ring from the 3ommission on A#dit a certificate showing that his
acco#nts have been finall! settled.
%ho can commit this crimeQ

responsi le p' lic officer not necessarily an acco'nta le one # o lea$es t e co'ntry #it o't first sec'rin
clearance from t e Commission on A'dit.
Note# T e act of lea$in t e - ilippines m'st e 'na't oriIed or not permitted y la#
#ere leaving without securing clearance constitutes violation of the "evised )enal Code$ It is not
necessary that they really misappropriated pu'lic funds$
Article 556
ILLEGAL USE O* (UBLIC *UN7S OR (RO(ERTY <technical mal%ersation@
ELEMENTS#
That there is p#blic f#nd or propert! #nder his administration.
That s#ch p#blic f#nd or propert! has been appropriated b! law or ordinance &
without this& it is simple malversation even if applied to other pu'lic purpose).
That he app lies the sa me to a p#blic #se ot her than fo r which s#ch f#n d or
propert! has been appropriated b! law or ordinance.
T e term technical malversation is 'sed eca'se in t is crime the fund or property involved is already
appropriated or earmar/ed for a certain pu'lic purpose$
T e offender is entr'sted #it s'c f'nd or property only to administer or apply t e same to t e p' lic
p'rpose for # ic it #as appropriated y la# or ordinance. Instead of applying it to the pu'lic purpose to
which the fund or property was already appropriated 'y law& the pu'lic officer applied it to another
purpose$
To distinguish this article with Art +5K /'st remem er t at in ille al 'se of p' lic
f'nds or property t e offender does not deri$e any personal ain t e f'nds are
merely de$oted to some ot er p' lic 'se
A'sence of damage is only a miti atin circ'mstance
.ince damage is not an element of malversation e$en t o' t e application made pro$ed to e more
eneficial to p' lic interest t an t e ori inal p'rpose for # ic t e amo'nt or property #as appropriated y
la# t e p' lic officer in$ol$ed is still lia le for tec nical mal$ersation.
If pu'lic funds were not yet appropria ted 'y law or ordinance& and this was applied to a pu'lic purpose 'y
the custodian thereof t e crime is plain and simple mal$ersation not tec nical mal$ersation. If the
funds had 'een appropriated for a particular pu'lic purpose& 'ut the same was applied to private purpose t
e crime committed is simple mal$ersation only.
"ll'stration
126
T e office lacHed ond papers. : at t e o$ernment cas ier did #as to send t e /anitor et some money
from is collection told t e /anitor to 'y ond paper so t at t e office #ill a$e somet in to 'se. T e amo'nt
in$ol$ed may e immaterial 't t e cas ier commits mal$ersation p're and simple.
This crime can also 'e committed 'y a private person$
"ll'stration
A certain road is to e cemented. ?a s of cement #ere already ein 'nloaded at t e side. ?'t t en rain e
an to fall so t e s'per$isor of t e road 'ildin #ent to a certain o'se #it a
ara e asHed t e o#ner if e co'ld possi ly deposit t e a s of cement in is ara e to pre$ent t e same
from ein #et. T e o#ner of t e o'se >li$e a reed. o t e a s of cement #ere
transferred to t e ara e of t e pri$ate person. After t e p' lic officer ad left and t e #orHers ad left
eca'se it is not possi le to do t e cementin t e o#ner of t e ara e started 'sin some of t e cement in
pa$in is o#n ara e. T e crime of tec nical mal$ersation is also committed.
Note that when a private person is constituted as the custodian in whatever capacity& of pu'lic funds or
property& and he misappropriates the same& the crime of malversation is also committed$ .ee Article +++
$
"ll'stration
T e payroll money for a o$ernment infrastr'ct're pro/ect on t e #ay to t e site of t e pro/ect t e officers
rin in t e money #ere am 's ed. T ey #ere all #o'nded. >ne of t em o#e$er #as a le to et a#ay from t
e scene of t e am 's 'ntil e reac ed a certain o'se. 0e told t e occ'pant of t e o'se to safe 'ard t e
amo'nt eca'se it is t e payroll money of t e o$ernment la orers of a partic'lar pro/ect. T e occ'pant of t
e o'se accepted t e money for
is o#n 'se. T e crime is not t eft 't mal$ersation as lon as e Hne# t at # at #as entr'sted in is c'stody is p' lic f'nd or property.
Article 55!
*AILURE TO MA E 7ELI3ERY O* (UBLIC *UN7S OR (RO(ERTY
ELEMENTS#
-ffender has govBt f#nds or propert! in his possession
9e is #nder obligation to either7

ma%e pa!ment from s#ch f#nds
to deliver propert! in his c#stod! or administration when ordered b! competent

a#thorit!
9e malicio#sl! fails or ref#ses to do so

Note# -enalty is ased on $al'e of f'ndsLproperty to e deli$ered
Article 555
(ERSONS 18O MAY BE 8EL7 LIABLE UN7ER ARTS 5!+ TO 55!
'rivate individual who/ in any capacity/ have charge of any national/ provincial or
municipal funds/ revenue/ or property
Administrator or depositary of funds or property that has !een attached/ seized or

deposited !y pu!lic authority/ even if owned !y a private individual
eriffs and recei$ers fall 'nder t e term administratorG

12%
A /'dicial administrator in c ar e of settlin t e estate of t e deceased is not co$ered y t e

article
(ere, the funds or property belong to private individuals, but they are considered public
funds or property if they come to the possession of the public officer because of !D a
writ of attachment# or $D if they are sei)ed by virtue of a search warrant. ?r D if they
are ordered deposited pending determination of ownership in the administrative or
judicial proceedings.
0rivate individuals may also be liable for malversation if they act as conspirators in
the commission of the crime.
IN*I7ELITY O* (UBLIC O**ICERS
Article 55:
CONNI3ING 1IT8 OR CONSENTING TO E3ASION
ELEMENTS#
That the offender is a p#blic officer &on d#t!).
That he is charged with the conve!ance or c#stod! of a prisoner, either detention

prisoner or prisoner b! final /#dgment.
That s#ch prisoner escaped from his c#stod!
That he was in connivance with the prisoner in the latterBs escape

9etention prisoner: refers to a person in le al c'stody arrested for and c ar ed #it some
crime or p' lic offense
T e release of a detention prisoner # o co'ld not e deli$ered to /'dicial a't orities

#it in t e time fi ed y la# is not infidelity in t e c'stody of a prisoner. =eit er is mere
leniency or la ity in t e performance of d'ty constit'ti$e of infidelity
T ere is real and act'al e$asion of ser$ice of sentence # en t e c'stodian permits t e

prisoner to o tain a rela ation of is imprisonment
municipal mayor $ho utili*ed the prisonerDs ser+ices for domestic chores in his house# including
using him as a cook is liable for faithlessness in the custody of prisoner /!rt. 2230 e+en though the
con+ict may not ha+e fled# in as much as the prisonerDs lea+ing the prison $as effected through
him. (People vs. vangelista, 3.A. '5 -.G. 1 5).
Article 55"
E3ASION T8ROUG8 NEGLIGENCE
ELEMENTS#
That he is charged with the conve!ance or c#stod! of a prisoner, either detention

prisoner or prisoner b! final /#dgment.
That s#ch prisoner escapes thro#gh his negligence.
Penalt! based on nat#re of imprisonment
T e article p'nis es a definite la ity # ic amo'nts to deli erate non performance of a d'ty
12&
ot every error is negligence under this article. To be liable, the negligence must be
notorious and apparent. The laxity must be definite and must seriously suggest a deliberate
non+performance of a duty.
The negligence $hich is punishable ho$e+er is not such definite la ity at all but that $hich amounts
to deliberate non(performance of the ailer or the guard. o that if a policemen on guard duty
unlocked the door of the ail to let a detention prisoner go out so he can clean the premises# but on
the latterDs third trip to a nearby faucet# he $alked behind the police head,uarters climbed o+er
the $all and escape# the crime is not committed. (People vs. olis, 3.A. 4' -.G. 5;).
T e fact t at t e p' lic officer recapt'red t e prisoner # o ad escaped from is c'stody

does not afford complete e c'lpation
The lia-ility o an esca,ing ,risoner#

if he is a prisoner 'y final 4udgment e is lia le for e$asion of ser$ice (art 15!)
if he is a detention prisoner e does not inc'r criminal lia ility ('nless cooperatin #it t e
offender).
Article 55'
ESCA(E O* (RISONERS UN7ER T8E CUSTO7Y O* A (ERSON NOT A (UBLIC
O**ICER
ELEMENTS#
That the offender is a private person & note: must 'e on duty)
That the conve!ance or c#stod! of a prisoner or person #nder arrest is confined to

him.
That the prisoner or person #nder arrest escapes.
That the offender consents to the escape of the prisoner or person #nder arrest, or
that the escape ta%es place thro#gh his negligence
Note: T is article is not applica le if a pri$ate person made t e arrest and e consented to
t e escape of t e person e arrested
The offender under this article is not the one $ho arrested the escaping prisoner but one
$ho agreed to ha+e the custody or charge of the prisoner or person under arrest.
ORTEGA NOTES#
T e crime is infidelity in t e c'stody of prisoners if t e offender in$ol$ed is t e c'stodian of t e prisoner.

"f t e offender # o aided or consented to t e prisonerFs escapin from confinement # et er t e
prisoner is a con$ict or a detention prisoner is not t e c'stodian t e crime is deli$erin prisoners
from /ail 'nder Article156.
T e crime of infidelity in t e c'stody of prisoners can e committed only y t e c'stodian of t e prisoner.
"f t e /ail 'ard # o allo#ed t e prisone r to escape is already off d'ty at t at time and e is no lon er t e
c'stodian of t e prisoner t e crime committed y im is deli$erin prisoners from /ail.
=ote t at yo' do not apply ere t e principle of conspiracy t at t e act of one is t e act of all.
T e party # o is not t e c'stodian # o conspired #it t e c'stodian in allo#in t e prisoner to escape
does not commit infidelity in t e c'stody of t e priso ner. 0e commits t e crime of deli$erin prisoners
from /ail.
12-
;uestion Answer
If a private person approached the custodian of the prisoner and for a certain consideration& told
the custodian to leave the door of the cell unloc/ed for the prisoner to escape$ %hat crime had 'een
committedQ
"t is not infidelity in t e c'stody of prisoners eca'se as far as t e pri$ate person is concerned
t is crime is deli$eri n prisoners from /ail. T e infidelity is only commit ted y t e c'stodian.
T is crime can e committed also y a pri$ate person if t e c'stody of t e prisoner as een confided
to a pri$ate person.
"ll'stration
A policeman escorted a prisoner to court$ After the court hearing& this policeman was shot at with a view
to li'erate the prisoner from his custody$ The policeman fought the attac/er 'ut he was fatally wounded$
%hen he could no longer control the prisoner& he went to a near'y house& tal/ed to the head of the family
of that house and as/ed him if he could give the custody of the
prisoner to him$ 9e said yes$ After the prisoner was handcuffed in his hands& the policeman expired$
Thereafter& the head of the family of that private house as/e d the prisoner if he could
afford to give something so that he would allow him to go$ The prisoner said& >es& if you would allow me
to leave& you can come with me and I will give the money to you$ This private persons went with the
prisoner and when the money was given& he allowed him to go$ %hat crime s had 'een committedQ
8nder Article 225 t e crime can e committed y a pri$ate person to # om t e c'stody of a prisoner
as een confided.
: ere s'c pri$ate person # ile performin a pri$ate f'nction y $irt'e of a pro$ision of la#
s all accept any consideration or ift for t e non performance of a d'ty confided to im ?ri ery is also committed. o t e
crime committed y im is infideli ty in t e c'stody of prisoners and
ri ery.
"f t e crime is deli$erin prisoners from /ail ri ery is /'st a means 'nder Article 156 t at #o'ld call for t e
imposition of a ea$ier penalty 't not a separate c ar e of ri ery 'nder Article 156.
?'t 'nder Article 225 in infidelity # at is asically p'nis ed is t e reac of tr'st eca'se t e offender is t e
c'stodian. +or t at t e crime is infidelity. "f e $iolates t e tr'st eca'se of some consideration ri ery is
also committed.
A i er de ree of $i ilance is re@'ired. +ail're to do so #ill render t e c'stodian lia le. T e pre$ailin r'lin
is a ainst la ity in t e andlin of prisoners.
"ll'stration
A prison guard accompanied the prisoner in the toilet$ %hile answering the call of nature& police officer
waiting there& until the prisoner escaped$ )olice officer was accused of infidelity$
Tereererefersisnotocriminaldelieratelia ilityaandonmenteca'seit ofdoesd'tynot. constit'te ne li ence.

=e li ence contemplated =ote o#e$er t at accordin to a recent 'preme Co'rt r'lin fail're to accompany
lady prisoner in t e comfort room is a case of ne li ence and t erefore t e c'stodian is lia le for
infidelity in t e c'stody of prisoner.
-rison 'ard s o'ld not o to any ot er place not officially called for. T is is a case of infidelity in t e
c'stody of prisoner t ro' ne li ence 'nder Article 224.
IN*I7ELITY IN CUSTO7Y O* 7OCUMENTS
Article 55)
REMO3AL. CONCEALMENT. OR 7ESTRUCTION O* 7OCUMENTS
ELEMENTS#
13
That the offender be a p#blic officer.
That he abstracts, destro!s or conceals a doc#ment or papers.
That the said doc#ment or paper sho#ld have been entr#sted to s#ch p#blic officer
b! reason of his office.
That damage, whether serio#s or not , to a third part! or to the p#b lic interest
sho#ld have been ca#sed.
The act of obstruction, destruction or concealment must cause damage to a

third party or to the public interest. "amage to a third party is usually pecuniary# but
damage to public interest may consist in mere alarm to the
public or the alienation of its confidence on any branch of the government service.
• T e document m'st e complete and one y # ic a ri t co'ld e esta lis ed or an o li ation

co'ld e e tin 'is ed
?ooHs periodicals pamp lets etc are not doc'ments
0'apers #o'ld incl'de c ecHs promissory notes and paper money
Remo$al o% a document presupposes unlawful appropriation of the official document.

*estruction means to render the document useless. Its nature to prove the existence of a
fact is lost such that it cannot anymore prove the probability or improbability of a fact in
issue. +oncealment on the other
hand means to make it appear that the document is not available.

A post office official # o retained t e mail #it o't for#ardin t e letters to t eir destination is
'ilty of infidelity in t e c'stody of papers
"emoval of a document or paper must 'e for an illicit purpose.
If the removal of the document is for a lawful purpose and that is, to secure the
same from imminent danger or loss, there is no crime committed under the law,
(Dataniag vs. People, 4 Phil. 4 ).
There is illicit purpose when the intention of the offender is to:

tamper #it it . to
profit y it
c. to commit any act constit'tin a reec of tr'st in t e official t ereof
The act of removal, destruction or concealment should be coupled with

criminal intent or malice &6an*anaris vs. andiganba!an, et al., G.0. Fo. 84 ;, an. ';, 1=54).
emo$al is cons'mmated 'pon remo$al or secretin a#ay of t e doc'ment from its

's'al place. "t is immaterial # et er or not t e illicit p'rpose of t e offender as een
accomplis ed
"emoval of pu'lic records 'y the custodian does not re*uire that the record 'e 'rought out of the premises
where it is /ept. "t is eno' t at t e record e remo$ed from t e place # ere it s o'ld e and transferred to
anot er place # ere it is not s'pposed to e Hept. "f dama e is ca'sed to t e p' lic ser$ice t e p' lic
officer is criminally lia le for infidelity in t e c'stody of official doc'ments.
"nfidelity in t e c'stody of doc'ments t ro' destr'ct ion or concealment does not re@'ire
proof of an illicit p'rpose
131
: ere in case for ri ery or corr'ption t e monetary considerations #as marHed as e i its s'c
considerations ac@'ires t e nat're of a doc'ment s'c t at if t e same #o'ld e spent y t e c'stodian t e
crime is not mal$ersation 't "nfidelity in t e c'stody of p' lic records eca'se t e money add'ced as e i
its partaHe t e nat're of a doc'ment and not as money. Alt o' s'c monetary consideration ac@'ires t
e nat're of a doc'ment t e est e$idence r'le does not apply ere. E ample p otocopies may e
presented in e$idence.
Deli$erin t e doc'ment to t e #ron party is infidelity in t e c'stody t ereof
T e dama e may eit er e reat or small
Dama e to p' lic interest is necessary. 0o#e$er material dama e is not necessary.
Alt o' t ere is no material dama e ca'sed mere delay in renderin p' lic ser$ice is considered dama e.
T e offender m'st e in c'stody of s'c doc'ments
9istinction !etween infidelity in the custody of pu!lic document/ estafa and malicious mischief
In infidelity in the custody of pu'lic document& t e offender is t e c'sto dian of t e official doc'ment
remo$ed or concealed.
In estafa t e offender is not t e c'stodian of t e doc'ment remo$ed or concealed.
In malicious mischief& t e offender p'rposely destroyed and dama ed t e propertyLdoc'ment.
Article 55+
O**ICER BREA ING SEAL
ELEMENTS #
That he is charged with the c#stod! of papers or propert!.
That these papers or propert! are sealed b! proper a#thorit!.
That he brea%s the seals or permits them to be bro%en.
"t is t e reaHin of t e seals and not t e openin of a closed en$elope # ic is p'nis ed
Dama e or intent to ca'se dama e is not necessary; dama e is pres'med
"f t e official doc'ment is sealed or ot er#ise placed in an official en$elope t e element of dama e is
not re@'ired. T e mere reaHin of t e seal or t e mere openin of t e doc'ment #o'ld already rin a o't
infidelity e$en t o' no dama e as een s'ffered y anyone or y t e p' lic at lar e. T e offender does not
a$e to misappropriate t e same. K'st tryin to disco$er or looH # at is inside is infidelity already.
A crime is already committed regardless of whether the contents of the document are secret or private. "t
is eno' t at it is entr'sted to im in a sealed form or in a closed en$el ope and e roHe t e seal or
opened t e en$elop. -' lic tr'st is already $iolated if e mana ed to looH into t e contents of t e
doc'ment.
7istinction -etween in i/elity an/ the t
T ere is infidelity if t e offender opened t e letter 't did not taHe t e same.
T ere is theft if t ere is intent to ain # en t e offender tooH t e money.

132
=ote t at t e document must 'e complete in legal sense. "f t e #ritin s are mere form t ere is no crime.
"ll'stration
As re ard t e payroll # ic as not een si ned y t e Mayor no infidelity is committed eca'se t e doc'ment
is not yet a payroll in t e le al sense since t e doc'ment as not een si ned yet.
"n N'rea/ing of seal N t e #ord N reaHin N s o'ld not e i$en a literal meanin . E$en if act'ally t e seal
#as not roHen eca'se t e c'stodian mana ed to open t e parcel #it o't reaHin t e seal.
Article 552
O(ENING O* CLOSE7 7OCUMENTS
ELEMENTS#
That an! closed papers, doc#ments, or ob/ects are entr#sted to his c#stod!.
That he opens or permits to be opened said closed papers, doc#ments or ob/ects.
That he does not have proper a#thorit!.
Note: Dama e also not necessary
In Article ,, , the mere breaking of the seal is what is made punishable while in
Article ,,!, the mere opening of closed documents is enough to hold the offender
criminally liable. The breaking of the seal or the opening of the closed document must
be done without lawful authority or order from competent authority. "n both offenses,
damage to the public interest is not re5uired.
RE3ELATION O* SECRETS
Article 554
RE3ELATION O* SECRET BY AN O**ICER
ELEMENTS O* (AR&!# BY REASON O* 8IS O**ICIAL CA(ACITY

That he %nows of a secret b! reason of his official capacit!.
That he reveals s#ch secret witho#t a#thorit! or /#stifiable reasons.
That damage, great or small, be ca#sed to the p#blic interest.

(dama e is essential)
Notes:
ecret m'st affect p' lic interest
The secrets referred to in this article are those which have an official or public
character. It does not include secret information regarding private individuals. or does
it include military or *tate secrets in as much as the revelation of the same is classified
as espionage, a crime in violation of the national security of the *tate.
. ecrets of a pri$ate indi$id'al is not incl'ded

133
Espiona e for t e enefit of anot er tate is not contemplated y t e article. "f re

ardin military secrets or secrets affectin state sec'rity t e crime may e
espiona e.
ELEMENTS O* (AR 5 0 7ELI3ERING 1RONG*ULLY (A(ERS OR CO(IES O* (A(ERS O*

18IC8 8E MAY 8A3E C8ARGE AN7 18IC8 S8OUL7 NOT BE (UBLIS8E7#
That he has charge of papers.
That those papers sho#ld not be p#blished.
That he delivers those papers or copies thereof to a third person.
That the deliver! is wrongf#l.
That damage be ca#sed to p#blic interest.
=otes
KCharge # means c'stody or control. "f e is merely entr'sted #it t e papers and
not #it t e c'stody t ereof e is not lia le 'nder t is article
"f t e papers contain secrets # ic s o'ld not e p' lis ed and t e p' lic officer a$in c
ar e t ereof remo$es and deli$ers t em #ron f'lly to a t ird person t e crime is
revelation of secrets. >n t e ot er and if t e papers do
not contain secrets t eir remo$ al for an illicit p'rpose is infidelity in the
custody of documents
Dama e is essential to t e act committed
Article 5:6
(UBLIC O**ICER RE3EALING SECRETS O* (RI3ATE IN7I3I7UAL
ELEMENTS#
That the offender is a p#blic officer
That he %nows of the secret of a private individ#al b! reason of his office.
That he reveals s#ch secrets witho#t a#thorit! or /#stification reason.
e$elation to one person is s'fficient
"f t e offender is an attorney e is properly lia le 'nder Art 2* ( etrayal of tr'st y an

attorney)
Dama e to pri$ate indi$id'al is not necessary
OT8ER O**ENSES OR IRREGULARITIES BY (UBLIC O**ICERS
Article 5:!
O(EN 7ISOBE7IENCE
ELEMENTS#
a. That the offender is a /#dicial or e"ec#tive officer.
134
That there is a /#dgment, decision or order of s#perior a#thorit!.
That s#ch /#dgment, decision or order was made wit hin the scope of the
/#risdiction of the s#perior a#thorit! and iss#ed with all the legal formalities.
that the offender witho#t an! legal /#stification openl! ref#ses to e"ec#te the said
/#dgment, decision or order which he is d#t! bo#nd to obe!.
The gravamen of the offense is the open refusal of the offender to execute the order
without justifiable reason.
Note: K'd ment s o'ld a$e een rendered in a earin and iss'ed #it in proper /'risdiction #it all
le al solemnities re@'ired
The term 8execute9 as found in the law does not only means performance of an act
since the judgment, decision or order may also direct the non+ performance of an act.
The article does not apply to the members of 4ongress.
Article 5:5
7ISOBE7IENCE TO OR7ER O* SU(ERIOR O**ICER 18EN SAI7 OR7ER 1AS
SUS(EN7E7 BY IN*ERIOR O**ICER
ELEMENTS#
That an order is iss#ed b! his s#perior for e"ec#tion.
That he has for an! reason s#spended the e"ec#tion of s#ch order.
That his s#perior disapproves the s#spension of the e"ec#tion of the order.
That the offender disobe!s his s#perior despite the disapproval of the s#spension.
Note: A p' lic officer is not lia le if t e order of t e s'perior is ille al
What is contemplated here is a situation where the subordinate has some doubts
regarding the legality of the order. (ence, he is afforded an opportunity to suspend the
execution of the order, so as to give him time to further study the same. (e commits
no crime for doing this act. (owever, if he continues to suspend the execution of the
order notwithstanding the disapproval by his superior of the stay of the execution,
such refusal on his part already constitutes a crime punishable under this article.
Article 5::
RE*USAL O* ASSISTANCE
ELEMENTS#
That a competent a#thorit! demands from the offender that he lend his
cooperation towards the administration of /#stice or other p#blic service.
135
That the offender fails to do so malicio#sl!.
"n$ol$es a re@'est from one p' lic officer to anot er
Dama e to t e p' lic interest or t ird party is essential
"amage is essential whether great or small. &ut the penalty is affected by the
seriousness of the dama ge. ote that the refu sal must be done wit h malice.
Demand is necessary
The situation contemplated herein may refer to the administration of justice before the
case is filed in court. 4ompetent authority may refer to persons in authority who are
charged by the law to help in the administration of justice. The term may refer to police
authorities. (owever, when a case under investigation reaches the court, the remedy
may not be limited to incurring criminal liability under this article because the refusal
may already be punished as direct or indirect contempt of court.
T is is a crime # ic a policeman may commit # en ein s' poenaed to appear in co'rt in connection #it
a crime in$esti ated y im 't eca'se of some arran ement #it t e offenders t e policeman does not
appear in co'rt anymore to testify a ainst t e offenders. 0e tried to assail t e s' poena so t at
'ltimately t e case #o'ld e dismissed. "t #as already eld t at t e policeman co'ld e prosec'ted 'nder t is
crime of ref'sal of assistance and not t at of dereliction of d'ty.
Article 5:"
RE*USAL TO 7ISC8ARGE ELECTI3E O**ICE
ELEMENTS#
That the offender is elected b! pop#lar election to a p#blic office.
That he ref#ses to be sworn in or discharge the d#ties of said office.
That there is no lega l motive for s#c h ref#sal to be sw orn in or to di scharge the
d#ties of said office.
fter proclamation of a candidate to a public office, it becomes his duty to render

public service. *ince it is his duty, the n his refusal to perform such duty is punishable
under the law.
Note: E$en if t e person did not r'n for t e office on is o#n #ill as t e Constit'tion pro$ides t at
e$ery citiIen may e re@'ired to render ser$ice
Article 5:'
MALTREATMENT O* (RISONERS
ELEMENTS#
a. That the offender is a p#blic officer or emplo!ee.
136
That he has #nder charge a prisoner or detention prisoner & otherwise the crime is
physical in4uries)
That he maltreats s#ch prisoner in either of the following manners7
:! overdoing himself in the correction or handling of a prisoner or detention

prisoner #nder his charge either –
b! the imposition of p#nishments not a#thori*ed b! the reg#lations, or

b! inflicting s#ch p#nishments &those a#thori*ed) in a cr#el and
h#miliating manner, or
b! maltreating s#ch prisoner to e"tort a confession or to obtain some

information from the prisoner.
T e maltreatment does not really re@'ire p ysical in/'ries. Any Hind of p'nis ment not a't oriIed or t o'
a't oriIed if e ec'ted in e cess of t e prescri ed de ree.
But if as a result of the maltreatment& physical in4u ries were caused to the prisoner a separate crime
for t e p ysical in/'ries s all e filed. >ou do not complex the crime of physical in4uries with the
maltreatment 'ecause the way Article +21 is worded& it prohi'its the complexing of the crime$
If the maltreatment was done in order to extort confession t erefore t e constit'tional ri t of t e

prisoner is f'rt er $iolated. T e penalty is @'alified to t e ne t i er de ree.
T e p' lic officer m'st a$e act'al c ar e of t e prisoner in order to e eld lia le
"f t e p' lic officer is not t e c'stodian of t e prisoner and e man andles t e latter the crime is
physical in4uries$
9f a arangay Captain maltreats a person after the latterDs arrest but before confinement# the
offense is not maltreatment but physical in uries. The victim must actually be confined either as a
convict or a detention prisoner for Art. 235 to apply. (People vs. :aring, et al., ' -.G. 1'88).
To e considered a detention prisoner t e person arrested m'st e placed in /ail e$en

for /'st a s ort # ile
The offended party here must 'e a prisoner in the legal sense . T e mere fact t at a pri$ate citiIen ad een
appre ended or arrested y a la# enforcer does not constit'te im a prisoner. To e a prisoner e m'st
a$e een ooHed and incarcerated no matter o# s ort it is.
"ll'stration
A certain snatcher was arrested 'y a law enforcer& 'rought to the police precinct& turned over to
the custodian of that police preci nct$ Every time a policeman entered the police preci nct& he
would as/& %ha t is this fell ow doing here Q %hat crime has he committedQ $ The other
policeman would then tell& This fellow is a snatcher$ .o every time a policeman would come in&
he would inflict in4ury to him$ T is is not maltreatment of prisoner eca'se t e offender is not t e
c'stodian. T e crime is only p ysical in/'ries.
But if the custodian is present there and he allowed it t en e #ill e lia le also for t e p ysical in/'ries
inflicted 't not for maltreatment eca'se it #as not t e c'stodian # o inflicted t e in/'ry.
But if it is the custo dian who effected the maltreatment t e crime #ill e maltreatment of prisoners pl's
a separate c ar e for p ysical in/'ries.
>ffender may also e eld lia le for p ysical in/'ries or dama e ca'sed
Article 5:)
ANTICI(ATION O* 7UTIES O* A (UBLIC O**ICE
ELEMENTS#
13%
That the offender is entitled to hold a p#blic office or emplo!ment, either b! election
or appointment.
That the law re #ires that he sho#ld first be sworn in and$or sho#ld first give a bond.
That he ass#mes the performance of the d#ties and powers of s#ch office.
That he has not ta%en his oath of office and $or given the bond re #ired b! law.
Article 5:+
(ROLONGING (ER*ORMANCE O* 7UTIES AN7 (O1ERS
ELEMENTS#
That the offender is holding a p#blic office.
That the period provided b! law, reg#lations or special provisions for holding s#ch
office has alread! e"pired.
That he contin#es to e"ercise the d#ties and powers of s#ch office.
Note: T e article contemplates officers # o a$e een s'spended separated or declared o$er
a ed or dismissed
The crime is committed only if the public officer has lost every right to the office
because there are offices which re5uire the officer to continue serving as such
properly relieved. The law is intended to put an end to the “principle of hold 6 over .
Article 5:2
ABAN7ONMENT O* O**ICE OR (OSITION
ELEMENTS#
That he formall! resigns from his position.
That his resignation has not !et been accepted.
That he abandons his office to the detriment of the p#blic service.
T ere m'st e formal or #ritten resi nation
7ral resignation is not allowed . The resignation must be in writing and

directed to the appointing power who has the authority to accept or disapprove the
same. This re5uirement is indispensable because the letter of
resignation goes into a process.
T e offense is @'alified if t e p'rpose e ind t e a andonment is to e$ade t e disc ar e

of d'ties consistin of pre$entin prosec'tin or p'nis in any of t e
crimes a ainst national sec'rity. T e penalty is i er ( one de ree ). T is in$ol$es t e
follo#in crimes
a. treason
. conspiracy and proposal to commit conspiracy
misprision of treason
espiona e
incitin to #ar or i$in moti$es to reprisals
$iolation of ne'trality
. correspondence #it ostile co'ntry
13&
. fli t to enemy co'ntry

piracy and m'tiny on t e i seas
re ellion
H. conspiracy and proposal to commit re ellion
disloyalty to p' lic officers
incitin to re ellion
sedition
conspiracy to commit sedition
incitin to sedition
A-an/onment o O ice or (osition 7ereliction o 7uty <562@

<5:2@
T ere is act'al a andonment t ro' resi -' lic officer does not a andon is office 't
nation to e$ade t e disc ar e of d'ties. merely fails to prosec'te a $iolation of t e
la#.
Article 5:4
USUR(ATION O* LEGISLATI3E (O1ERS
ELEMENTS#
That the offender is an e"ec#tive or /#dicial officer.
That he &a.) ma%es general r#les or reg#l ations be!ond the sco pe of his a#tho rit! or
&b.) attempts to repeal a law or &c.) s#spends the e"ec#tion thereof.
Article 5"6
USUR(ATION O* E ECUTI3E *UNCTIONS
ELEMENTS#
That he &a.) ass#mes a power pertaining to the e"ec#tive a#thorities, or &b.) obstr#cts
e"ec#tive a#thorities in the lawf#l e"ercise of their powers.
Note: 7e islati$e officers are not lia le for 's'rpation of e ec'ti$e f'nctions
Article 5"!
USUR(ATION O* >U7ICIAL *UNCTIONS
ELEMENTS#
That the offender is an officer of the e"ec#tive branch of the government.
That he &a.) ass#mes /#dicial powers, or &b.) obstr#ct the e"e c#tion of an! order
decision rendered b! an! /#dge within his /#risdiction.
Note: A mayor is 'ilty 'nder t is article # en e in$esti ates a case # ile a /'stice of t e peace is
in t e m'nicipality
Article 5"5
7ISOBEYING RE;UEST *OR 7IS;UALI*ICATION
13-
ELEMENTS#
That a proceeding is pending before s#ch p#blic officer.
That there is a #estion bro#ght before the proper a#thorit! regarding his /#risdiction,
which is not !et decided.
That he has been lawf#ll! re #ired to refrain from contin#ing the proceeding.
That he contin#es the proceeding.
@ven if the jurisdiction of the offender is later upheld or sustained, he is still liable
because what is in issue is not the legality of his jurisdiction, but whether he obeyed
or disobeyed the temporary restraining order issued by the higher authority.
Article 5":
OR7ERS OR RE;UESTS BY E ECUTI3E O**ICER TO ANY >U7ICIAL AUT8ORITY
ELEMENTS#
That the offender is an e"ec#tive officer.
That he addresses an! order or s#ggestion to an! /#dicial a#thorit!.
That the ord er or s#gg estion relates to an! cas e or b#siness coming within the
e"cl#sive /#risdiction of the co#rts of /#stice.
Note: 7e islati$e or /'dicial officers are not lia le 'nder t is article
Article 5""
UNLA1*UL A((OINTMENTS
ELEMENTS#
That he nominates or appoints a person to a p#blic office.
That s#ch person lac%s the legal #alification therefor.
That the offender %nows that his nominee or appointee lac%s the #alification at the
time he made the nomination or appointment.
(ecommending/ Hno#in t at t e person recommended is not @'alified is not a crime
The word 8nominate9 is not the same as 8recommend.9 To nominate is to guarantee

to the appointing power that the person nominated has all the 5ualifications to the
office. &ecommendation on the other hand does not make any guarantee as to the
legal fitness of the candidate to public office.
T ere m'st e a la# pro$idin for t e @'alifications of a person to e nominated or

appointed to a p' lic office
Article 5"'
14
ABUSES AGAINST C8ASTITY
ELEMENTS#
That he solicits or ma%es immoral or indecent advances to a woman.
That s#ch woman m#st be –
interested in matters pending before the offender for decision, or with respect to which
he is re #ired to s#bmit a report to or cons#lt with a s#perior officer, or
#nder the c#stod! of the offender who is a warden or other p#blic officer directl!
charged with care and c#stod! of prisoners or person #nder arrest, or
the wife, da#ghter, sister or relative within the same degr ee b! affinit! of the
person in the c#stod! of the offender
=nly a lady can be a complainant here so that a gay guard or $arden $ho makes immoral
proposals or indecent ad+ances to a male prisoner is not liable under this la$.
#ere indecent solicitation or advances of a #oman o$er # om t e p' lic officer e ercises a certain
infl'ence eca'se t e #oman is in$ol$ed in a case # ere t e offender is to maHe a report of res'lt #it
s'periors or ot er#ise a case # ic t e offender #as in$esti atin .
T is crime is also committed if t e woman is a prisoner and t e offender is er /ail #arden or c'stodian
or even if the prisoner may 'e a man if t e /ail #arden #o'ld maHe t e immoral solicitations 'pon t e #ife
sister da' ter or relati$e y affinity #it in t e same de ree of t e prisoner in$ol$ed.
T e mot er of t e person in t e c'stody of t e p' lic officer is not incl'ded
T is crime cannot e committed if t e #arden is a #oman and t e prisoner is a man. Men a$e no c
astity.
"f t e #arden is also a #oman 't is a les ian it is s' mitted t at t is crime co'ld e committed as t e la#
does not re@'ire t at t e c'stodian e a man 't re@'ires t at t e offended e a #oman.
Solicit# means to propose earnestly and persistently somet in 'nc aste and immoral to a
#oman
The word 8solicit9 means to demand earnestly. In this case, the demand is for sexual
favor. It must be immoral or indecent and done by the public officer taking advantage
of his position as one who can help by rendering a favorable decision or unwarranted
benefits, advantage or preference to a
person under his custody.
T e crime is cons'mmated y mere proposal
It is not necessarily for the offended party to surrender her virtue to consummate the
crime. Mere proposal is sufficient to consummate the crime.
E$en if t e #oman may a$e lied #it t e earin officer or to t e p' lic officer and acceded to im t at does
not c an e t e crime eca'se t e crime seeHs to penaliIe t e taHin ad$anta e of official d'ties.
"t is immaterial # et er t e #oman did not a ree or a reed to t e solicitation. "f t e #oman did not a ree
and t e p' lic officer in$ol$ed p's ed t ro' #it t e ad$ances attempted rape may a$e een committed.
141
7e ally a prisoner is an acco'nta ility of t e o$ernment. o t e c'stodian is not s'pposed to interfere.

E$en if t e prisoner may liHe it e is not s'pposed to do t at. >t er#ise a 'se a ainst c astity is
committed.
If he forced himself against the will of the woman& another crime is committed& that is& rape aside from
a'use against chastity$
>ou cannot consider the a'use against chastity as a'sor'ed in the rape 'ecause the 'asis of penali(ing the
acts is different from each other$
-roof of solicitation is not necessary # en t ere is se 'al interco'rse
Re,u-lic Act No& +2++ <Anti=SeFual 8arassment Act@
Committed y any person a$in a't ority infl'ence or moral ascendancy o$er anot er in a
#orH trainin or ed'cation en$ironment # en e or s e demands re@'ests or ot er#ise
re@'ires any se 'al fa$or from t e ot er re ardless of # et er t e demand re@'est or
re@'irement for s' mission is accepted y t e o /ect of t e said act (for a passin rade or
rantin of sc olars ip or onors or payment of a stipend allo#ances enefits considerations;
fa$ora le compensation terms conditions promotions or # en t e ref'sal to do so res'lts in a
detrimental conse@'ence for t e $ictim).
Also olds lia le any person # o directs or ind'ces anot er to commit any act of se 'al arassment or #
o cooperates in t e commission t e ead of t e office ed'cational or trainin instit'tion solidarily.
Complaints to e andled y a committee on decor'm # ic s all e determined y r'les and re 'lations on

s'c .
Administrati$e sanctions s all not e a ar to prosec'tion in t e proper co'rts for 'nla#f'l acts of se 'al arassment.
142
TITLE EIG8T
CRIMES AGAINST (ERSONS
Crimes against ,ersons
-arricide (Art. 246);
M'rder (Art. 24%);
0omicide (Art. 24 );
Deat ca'sed in a t'm'lt'o's affray (Art. 251);

- ysical in/'ries inflicted in a t'm'lt'o's affray (Art. 252);
Ji$in assistance to s'icide (Art. 253);
Disc ar e of firearms (Art. 254);
"nfanticide (Art. 255);
. "ntentional a ortion (Art. 256);
1*. 8nintentional a ortion (Art. 25!);
A ortion practiced y t e #oman erself or y er parents (Art. 25%);
A ortion practiced y a p y sician or mid#ife and dispensin of a orti$es (Art. 25 );
D'el (Art. 26*);
C allen in to a d'el (Art. 261);
M'tilation (Art. 262);
erio's p ysical in/'ries (Art. 263);
1!. Administerin in/'rio's s' stances or e$era es (Art. 264); 1%.
7ess serio's p ysical in/'ries (Art. 265);
1. li t p ysical in/'ries and maltreatment (Art. 266); and
2*. ape (Art. 266 A).
7ESTRUCTION O* LI*E
Article 5")
(ARRICI7E
ELEMENTS#
That a person is %illed.
That the deceased is %illed b! the acc#sed.
That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate
other ascendant or other descendant, or the legitimate spo#se of the acc#sed.
143
Notes:
T e relations ip of t e offe nder #it t e $ict im is t e essen tial element of t e felony
T e relations ip m'st e in t e direct line and not in t e collateral line.
T e relations ip et#een t e offender and t e offended party m'st e le itimate e cept # en t e offender
and t e offended party are related as parent and c ild.
@xcept between husband and wife, the offender must be related to the offended
party by blood.
-arents and c ildren are not incl'ded in t e term ascendantsG or descendantsG
T e ot er ascendant or desce ndant m'st e le i timate. >n t e ot er and t e fat er mot

er or c ild may e le itimate or ille itimate
If the offender and the offended party& although related 'y 'lood and in the direct line& are separated 'y an
intervening illegitimate relationship& parricide can no longer 'e committed$ T e ille itimate relations ip
et#een t e c ild and t e parent renders all relati$es after t e c ild in t e direct line to e ille itimate too.
T e only ille itimate relations ip t at can rin a o't parricide is t at et#een parents and ille itimate c
ildren as t e offender and t e offended parties.
"ll'stration
A is the parent of B& the illegitimate daughter$ B married C and they 'egot a legitimate child 0$ If 0&
daughter of B and C& would /ill A& the grandmother& the crime cannot 'e parricide anymore 'ecause of the
intervening illegitimacy$ T e relations ip et#een A and D is no lon er le itimate. 0ence t e crime
committed is omicide or m'rder.
!# an illegitimate son of # $ho killed the legitimate father of the latter# is not guilty of
Parricide because in case of other ascendants /grandparents# great grandparents#
etc.0# the relationship $ith the killer must be legitimate. The same is true $ith other
descendants ? that is# grandchildren# great grandchildren# etc.
4. T e c ild s o'ld not e less t an 3 days old. >t er#ise t e offense is infanticide
That the mother /illed her child in order to conceal her dishonor is not mitigating . T is is
immaterial to t e crime of parricide 'nliHe in t e case of infanticide. "f t e c ild is less t an t ree days
old # en Hilled t e crime is infanticide and intent to conceal er dis onor is considered miti atin .
5. elations ip m'st e alle ed
In /illing a spouse& there must 'e a valid su'sisting marriage at the time of the /illing$ Also& the
information should allege the fact of such valid marriage 'etween the accused and the victim$
"n a r'lin y t e 'preme Co'rt it #as eld t at if the information did not allege that the accused was legally
married to the victim& he could not 'e convicted of parricide even if the
marriage was esta'lished during the trial$ "n s'c cases relations ip s all e appreciated as eneric a
ra$atin circ'mstance.
T e 'preme Co'rt as also r'led t at #uslim hus'ands with several wives can 'e convicted of parricide only in
case the first wife is /illed . T ere is no parricide if t e ot er #i$es are Hilled alt o' t eir marria e is reco
niIed as $alid. T is is so eca'se a Cat olic man can commit t e crime only once. "f a M'slim 's and
co'ld commit t is crime more t an once in effect e is ein p'nis ed for t e marria e # ic t e la# itself a't
oriIed im to contract.
A stran er # o cooperates in committin parricide is lia le for m'rder or omicide

144
ince parricide is a crime of relations ip if a stranger conspired in the commission of the crime& he
cannot 'e held lia'le for parricide . 0is participation #o'ld maHe im lia le for m'rder or for omicide as t e
case may e. The rule of conspiracy that the act of one is the act of all does not apply here 'ecause of the
personal relationship of the offender to the offended party.
"ll'stration
A spo'se of ? conspires #it C to Hill ?. C is t e stran er in t e relations ip. C Hilled ? #it treac ery. T e
means employed is made Hno#n to A and A a reed t at t e Hillin #ill e done y poisonin .
As far as A is concerned t e crime is ased on is relations ip #it ?. "t is t erefore parricide.

T e treac ery t at #as employed in Hillin ?on #ill only e eneric a ra$atin circ'mstance in t e crime of
parricide eca'se t is is not one crime t at re@'ires a @'alifyin circ'mstance.
?'t t at same treac ery insofar as C is concerned as a stran er # o cooperated in t e Hillin maHes t
e crime m'rder; treac ery ecomes a @'alifyin circ'mstance.
E$en if t e offender did not Hno# t at t e person e ad Hilled is is son e is still lia le
for parricide eca'se t e law does not re*uire /nowledge of the relationship
rticle -1 expressly provides that parricide can be committed through

reckless imprudence. The penalty will not be under rticle $/- but under rticle -1.
*imilarly, parricide can be committed by mistake. This is demonstrated in a situation

where a person wanting to kill a stranger, kills his own father by mistake. lthough the
crime committed is parricide, the offender will not be punished under rticle $/- but
under rticle /B, which prescribes a penalty much lower than that provided under rticle
$/-.
Article 5"+
7EAT8 OR (8YSICAL IN>URIES UN7ER E CE(TIONAL CIRCUMSTANCES
Re$uisites#
A legall! married person or parent s#rprises his spo#se or da#ghter & the latter must 'e under
5H and living with them ) in the act of committing se"#al interco#rse with another person
9e$she %ills an! or both of them or inflicts #pon an! or both of them an! serio#s ph!sical
in/#r! in the act or immediatel! thereafter
9e has not promoted or facilitated the prostit#tion of his wife or da#ghter, or that he has
not consented to the infidelit! of the other spo#se.
=otes
1. Article does not define or penaliIe a felony
Article 24! far from definin a felony merely rants a pri$ile e or enefit more of an e emptin
circ'mstance as t e penalty is intended more for t e protection of t e acc'sed t an a p'nis ment. 0eath
under exceptional character can not 'e *ualified 'y either aggravating or mitigating circumstances$
9f the accused fails to establish the circumstances called for in !rticle 24%# heAshe $ill be guilty of
Parricide and >urder or omicide if the +ictims $ere killed.
=ot necessary t at t e parent e le itimate
Article applies only # en t e da' ter is sin le
Sur,rise# means to come 'pon s'ddenly or 'ne pectedly

145
Art 24! is applica le # en t e acc'sed did not see is spo'se in t e act se 'al
interco'rse #it anot er person. 0o#e$er it is eno' t at circ'mstances reasona ly s
o# t at t e carnal act is ein committed or as een committed
9t is not necessary that the spouse actual ly sa$ the se ual intercourse being committed. 9t is
enough that heAshe surprised them under such circumstances that no other reasonable
conclusion can be inferred but that a carnal act $as being performed or has ust been committed.
T e article does not apply # ere t e #ife #as not s'rprised in fla rant ad'ltery 't #as ein a 'sed y a
man as in t is case t ere #ill e defense of relation.
"f t e offender s'rprised a co'ple in se 'al interco'rse and elie$in t e #oman to e is #ife Hilled t em t is
article may e applied if t e mistaHe of facts is pro$ed.
T e enefits of t is article do not apply to t e person # o consented to t e infidelity of is spo'se or # o

facilitated t e prostit'tion of is #ife.
6. e 'al interco'rse does not incl'de preparatory acts
o if t e s'rprisin tooH place efore any act'al se 'al interco'rse co'ld e done eca'se t e parties are
only in t eir preliminaries t e article cannot e in$oHed anymore.
Imme/iately therea ter# means t at t e disco$ery escape p'rs'it and t e Hillin m'st all
form parts of one contin'o's act
T e p rase immediately t ereafterG as een interpreted to mean t at et#een t e s'rprisin and t e Hillin
of t e inflictin of t e p ysical in/'ry t ere s o'ld e no reaH of time. "n ot er #ords it m'st e a contin'o's
process.
"f t ere #as already a reaH of time et#een t e se 'al act and t e Hillin or inflictin of t e in/'ry t e la#
pres'pposes t at t e offender re ained is reason and t erefore t e article #ill not apply anymore.
%. T e Hillin m'st e t e direct y prod'ct of t e ra e of t e acc'sed
Article 24! does not pro$ide t at t e $ictim is to e Hilled instantly y t e acc'sed after s'rprisin is spo'se
in t e act of interco'rse. : at is re@'ired is t at t e Hillin is t e pro imate res'lt of t e o'tra e o$er# elmin
t e acc'sed 'pon t e disco$er y of t e infidelity of is spo'se. T e Hillin s o'ld a$e een act'ally moti$ated
y t e same lind imp'lse.
. =o criminal lia ility is inc'r red # en less serio's or sli t p ysical in/'ries are
inflicted. Moreo$er in case t ird persons ca' t in t e crossfire s'ffer p ysical
in/'ries t e acc'sed is not lia le. T e principle t at one is lia le for t e
conse@'ences of is felonio's act is not applica le eca'se e is not committin a
felony
"n t e case of (eo,le %& A-arca. !': SCRA +:'. t#o persons s'ffered p ysical in/'ries as t ey #ere ca' t in t e crossfire #
en t e acc'sed s ot t e $ictim . A comple crime of do' le
fr'strated m'rder #as not committed as t e acc'sed did not a$e t e intent to Hill t e t#o $ictims. 0ere t
e acc'sed did not commit m'rder # en e fired at t e paramo'r of is #ife. "nflictin deat 'nder e cep
tional circ'mstances is not m'rder. T e acc'sed #as eld lia le for ne li ence 'nder t e first part second
para rap of Article 365 t at is less serio's p ysical in/'ries t ro' simple ne li ence. =o a erratio ict's
eca'se e #as actin la#f'lly.
A person # o acts 'nder Article 24! is not committin a crime. ince t is is merely an e emptin
circ'mstance t e accused must first 'e charged with:
-arricide B if t e spo'se is Hilled;
M'rder or omicide B dependin on o# t e Hillin #as done insofar as t e paramo'r or t e mistress is

concerned;
0omicide B t ro' simple ne li ence if a t ird party is Hilled;

146
- ysical in/'ries B t ro' recHless impr'dence if a t ird party is in/'red.

"f deat res'lts or t e p ysical in/'ries are serio's t ere is criminal lia ility alt o' t e penalty is only
destierro. T e anis ment is intended more for t e protection of t e offender rat er t an a penalty.
"f t e crime committed is less serio's p ysical in/'ries or sli t p ysical in/'ries t ere is no criminal lia
ility.
Article 5"2
MUR7ER
ELEMENTS #
That a person was %illed.
That the acc#sed %illed him.
That the %illing was attended b! an! of the following #alif!ing circ#mstances
with treacher!, ta%ing advantage of s#perior strength, with the aid or armed men,
or emplo!ing means to wea%en the defense or of means or persons to ins#re
or afford imp#nit!
in consideration of price, reward or promise
b! means of in#nd ation, fire, poison, e"plosion, shipwrec%, stranding of vessel,

derailment or assa#lt #pon a street car or locomotive, fall of airship, b! means of
motor vehicles or with the #se of an! other means involving great waste or r#in
on occasion of an! of the calamities en#merated in the preceding paragraph, or of

an earth #a%e, er#ption of a volcano, destr#ctive c!clone, epidemic or an! other
p#blic calamit!
with evident premeditation
with cr#elt!, b! deliberatel! and inh#manel! a#gmenting the s#ffering of the victim or
o#traging or scoffing at his person or corpse
4. The %illing is not parricide or infanticide.
Notes#
'hile the circumstance of “by a band is not among those enumerated that could ,ualify killing to
murder# it $ould seem that if the killers constituted a band# the crime is murder because the
circumstance of “with the aid of armed men is included in the ,ualifying circumstances.
T e $ictim m'st e Hilled in order to cons'mmate t e offense. >t er#ise it #o'ld e

attempted or fr'strated m'rder
Eilling a person with treachery is murder even if there is no intent to kill.

&People vs. 3agoco, 5 Phil. ';)
Any of t e @'alifyin circ'mstances m'st e alle ed in t e information. >t er#ise t ey

#ill only e considered as eneric a ra$atin circ'mstances
When the other circumstances are absorbed or included in one 5ualifying

circumstance, they cannot be treated or separated as generic aggravating
circumstances. &People vs. 0emalante, =2 Phil. 45)
3. Treac ery and premeditation are in erent in m'rder #it t e 'se of poison
14%
Ortega Notes#
In mur/er. any o the ollowing $uali ying circumstances is ,resent#
Treachery& ta/ing advantage of superior strength& aid or armed men& or employing means to wa/en the
defense& or of means or persons to insure or afford impunity-
T ere is treac ery # en t e offender commits any of t e crimes a ainst t e person employin
means met ods or forms in t e e ec'tion t ereof t at tend directly and especially teoffendedto
partyins'remiits et maHeec'tion. #it o't risH to imself arisin from t e defense # ic
T is circ'mstance in$ol$es means met ods form in t e e ec'tion of t e Hillin # ic may act'ally
e an a ra$atin circ'mstance also in # ic case t e treac ery a sor s t e same.
"ll'stration
A person # o is determined to Hill resorted to t e co$er of darHness at ni ttime to ins're t e

Hillin . =oct'rnity ecomes a means t at constit'tes treac ery and t e Hillin #o'ld e m'rder. ?'t if
t e a ra$atin circ'mstance of noct'rnity is considered y itself it is not one of t ose # ic @'alify
a omicide to m'rder. >ne mi t t inH t e Hillin is omicide 'nless noct'rnity is considered as
constit'tin treac ery in # ic case t e crime is m'rder.
T e essence of treachery is t at t e offended party #as denied t e c ance to defend imself

eca'se of t e means met ods form in e ec'tin t e crime deli erately adopted y t e offender. "t
is a matter of # et er or not t e offended party #as denied t e c ance of defendin imself.
"f t e offended #as denied t e c ance to defend imself treac ery @'alifies t e Hillin to m'rder.
"f despite t e means resorted to y t e offender t e offended #as a le to p't 'p a defense alt o'
'ns'ccessf'l treac ery is not a$aila l e. "nstead some ot er circ'mstance may e present.
Consider no# # et er s'c ot er circ'mstance @'alifies t e Hillin or not.
"ll'stration
If the offender used superior strength and the victim was denied the chance to defend himself&
there is treachery . T e treac ery m'st e alle ed in t e information $ But if the victim was a'le to
put up an unsuccessful resistance t ere is no more treac ery 't t e 'se of s'perior stren t can e
alle ed and it also @'alifies t e Hillin to m'rder.
One attendant *ualifying circumstance is enough$ "f t ere are more t an one @'alifyin
circ'mstance alle ed in t e information for m'rder only one circ'mstance #ill @'alify t e Hillin
to m'rder and t e ot er circ'mstances #ill e taHen as eneric.
To 'e considered *ualifying& the particular circumstance must 'e alleged in the
information. "f # at #as alle ed #as not pro$en and instead anot er circ'mstance not alle ed
#as esta lis ed d'rin t e trial e$en if t e latter constit'tes a @'alifyin circ'mstance 'nder Article
24% t e same can not @'alify t e Hillin to m'rder . T e acc'sed can only e con$icted of
omicide.
Jenerally murder cannot 'e committed if at the 'eginning& the offended had no intent to /ill
'ecause the *ualifying circumstances must 'e resorted to with a view of /illing the offended party$
o if t e Hillin #ere at t e sp'r of t e momentG e$en t o' t e $ictim #as denied t e c ance to
defend imself eca'se of t e s'ddenness of t e attacH t e crime #o'ld only e omicide. Treac
ery contemplates t at t e means met ods and form in t e e ec'tion #ere conscio'sly adopted
and deli erately resorted to y t e offender and #ere not merely incidental to t e Hillin .
If the offender may have not intended to /ill the victim 'ut he only wanted to commit a crime
against him in the 'eginning& he will still 'e lia'le for murder if in the manner of committing the
felony there was treachery and as a conse*uence thereof the victim died$
14&
T is is ased on t e r'le t at a person committin a felony s all e lia le for t e

conse@'ences t ereof alt o' different from t at # ic e intended.
"ll'stration
The accused& three young men& resented the fact that the victim continued to visit a girl in their
neigh'orhood despite the warning they gave him$ .o one evening& after the victim had visited the
girl& they sei(ed and tied him to a tree& with 'oth arms and legs around the tree$ They thought
they would give him a lesson 'y whippi ng him with 'ranches of gumamela until the victim fell
unconscious$ The accused left not /nowing that the victim died$
T e crime committed #as m'rder. T e acc'sed depri$ed t e $ictim of t e c ance to defend

imself # en t e latter #as tied to a tree. Treac ery is a circ'mstance referrin to t e manner of
committin t e crime. T ere #as no risH to t e acc'sed arisin from t e defense y t e $ictim.
Alt o' # at #as initially intended #as p ysical in/'ry t e manner adopted y t e acc'sed #as
treac ero's and since t e $ictim died as a conse@'ence t ereof t e crime is m'rder alt o' ori
inally t ere #as no intent to Hill.
%hen the victim is already dead& intent to /ill 'ecomes irrelevant . "t is important only if t e
$ictim did not die to determine if t e felony is p ysical in/'ry or attempted or fr'strated
omicide.
o lon as t e means met ods and form in t e e ec'tion is deli erately adopted e$en if t ere
#as no intent to Hill t ere is treac ery.
In consideration of price& reward or promises-
Inundation& fire& poison& explosion& shipwrec/& stranding of a vessel& derailment or assault upon a
street car or locomotive& fall of an airship& 'y means of a motor vehicle& or with the use of other
means involving great waste and ruin-
T e only pro lem insofar as t e Hillin y fire is concerned is # et er it #o'ld e arson #it
omicide or m'rder.
: en a person is Hilled y fire t e primordial criminal intent of t e offender is considered. If the

primordial criminal intent of the offender is to /ill and fire was only used as a means to do so& the
crime is only murder$ If the primordial criminal intent of the offender is to destroy property with
the use of pyrotechnics and incidentally& some'ody within the premises is /illed& the crime is
arson with homicide. ?'t t is is not a comple crime 'nder Article 4%. T is is sin le indi$isi le
crime penaliIed 'nder Article 326 # ic is deat as a conse@'ence of arson. T at some ody
died d'rin s'c fire #o'ld not rin a o't m'rder eca'se t ere is no intent to Hill in t e mind of t e
offender. 0e intended only to destroy property. 0o#e$er a i er penalty #ill e applied.
'hen killing $as accomplished :by means of fire; alleged in the information# it does not ,ualify killing
to >urder unless the use of fire $as employed to kill the +ictim.
"n (eo,le %& (ugay an/ Samson. !)+ SCRA ":4. t ere #as a to#n fiesta and t e t#o
acc'sed #ere at t e to#n plaIa #it t eir compa nions. All #ere 'proario'sly appy
apparently drenc ed #it drinH. T en t e ro'p sa# t e $ictim a 25 year old retard
#alHin near y and t ey made im dance y ticHlin is sides #it a piece of #ood. T e
$ictim and t e acc'sed -' ay #ere friends and at times slept in t e same place
to et er. 0a$in otten ored #it t eir form of entertainment acc'sed -' ay #ent and
ot a can of asoline and po'red it all o$er t e retard. T en t e acc'sed amson lit im
'p maHin im a frenIied s rieHin 'man torc . T e retard died.
"t #as eld t at -' ay #as 'ilty of omicide t ro ' recHless impr'dence. amson only 'ilty of
omicide #it t e miti atin circ'mstance of no intention to commit so ra$e a #ron . T ere #as no
animosity et#een t e t#o acc'sed and t e $ictim s'c t at it cannot e said t at t ey resort to fire
to Hill im. "t #as merely a part of t eir f'n maHin 't eca'se t eir acts #ere felonio's t ey are
criminally lia le.
14-
On occasion of any of the calamities enumerated in the preceding paragraph c& or an earth*ua/e&
eruption of volcano& destructive cyclone& epidemic or any other pu'lic calamity-
Evident premeditation ; and
When the actual victim turns out to be different from the intended victim,
premeditation is not aggravating. &People vs. G#illen, 5 Phil. '; )
Cruelty& 'y deli'erately and inhumanly augmenting the suffering of the victim& or outraging or scoffing at
his person or corpse$
Cr'elty incl'des t e sit'ation # ere t e $ictim is already dead and yet acts #ere committed #
ic #o'ld decry or scoff t e corpse of t e $ictim . T e crime ecomes m'rder.
0ence t is is not act'ally li mited to cr'elty. "t oes eyond t at ec a'se e$en if t e $ictim is
already a corpse # en t e acts deli erately a' mentin t e #ron done to im #ere committed t e
Hillin is still @'alified to m'rder alt o' t e acts done no lon er amo'nt to cr'elty.
nder Article 58& the generic aggravating circumstance of cruelty re*uires that the victim 'e
alive& when the cruel wounds were inflicted and& therefore& must 'e evidence to that effect$
>et& in murder& aside from cruelty& any act that would amount to scoff ing or decrying the
corpse of the victim will *ualify the /illing to murder$
"ll'stration
T#o people en a ed in a @'arrel and t ey acHed eac ot er one Hillin t e ot er. 8p to t at

point t e crime is omicide. 0o#e$er if t e Hiller tried to dismem er t e different parts of t e
ody of t e $ictim indicati$e of an intention to scoff at or decry or 'miliate
t e corpse of t e $ictim t en # at #o'ld a$e m'rder eca'se t is circ'mstance is reco niIed
'nder Article 24% e$en t o' it #as inflicted or #as committed # en t e $ictim #as already
dead.
The following are holdings of the %upreme Court with respect to the crime of murder:
illin of a c ild of tender a e is m'rder @'alified y treac ery eca'se t e #eaHness of t e c ild d'e to is
tender a e res'lts in t e a sence of any dan er to t e a ressor.
E$ident premeditation is a sor ed in price re#ard or prom ise if #it o't t e premeditation t e ind'ctor
#o'ld not a$e ind'ced t e ot er to commit t e act 't not as re ards t e one ind'ced.
(3 A 'se of s'perior stren t is in erent in and compre ended y t e circ'mstance of treac ery or
forms part of treac ery.
Treac ery is in erent in poison.
: ere one of t e acc'sed # o #ere c ar ed #it m'rder #as t e #ife of t e deceased

't ere relations ip to t e deceased #as not alle ed in t e information s e also s o'ld e con$icted of
m'rder 't t e relations ip s o'ld e appreciated as a ra$atin .
illin of t e $ictims it y and renade t ro#n at t em is m'rder @'alified y e plosion not y treac ery.
: ere t e acc'sed o'semaid a ed a t ree year old oy son of er master #it stocHin s placed im in a o #it
ead do#n and le s 'p#ard and co$ered t e o #it some sacHs and ot er o es and t e c ild
instantly died eca'se of s'ffocation and t en t e acc'sed demanded ransom from t e parents
s'c did not con$ert t e offense into Hidnappin #it m'rder. T e acc'sed #as #ell a#ar e t at t e
c ild co'ld e s'ffocated to deat in a fe# min'tes after s e left . ansom #as only a part of t e dia
olical sc eme to m'rder t e c ild to conceal is ody and t en demand money efore disco$ery
of t e ody.
T e essence of Hidnappin or serio's ille al detention is t e act'al confinement or restraint of t e $ictim

or depri$ation of is li erty. If there is no showing that the accused intended to deprive
15
their victims of their li'erty for some time and there 'eing no apprecia'le interval 'etween their 'eing ta/en
and their 'eing shot& murder and not /idnapping with murder is committed$
Article 5"4
8OMICI7E
ELEMENTS#
That a person was %illed.
That the acc#sed %illed him witho#t an! /#stif!ing circ#mstances.
'. That the acc#sed had the intention to %ill, which is pres#med.
That the %illing was not attended b! an! of the #alif!ing circ#mstances of m#rder, or b! that
of parricide or infanticide.
Notes#
0omicide is t e 'nla#f'l Hillin of a person not constit'tin m'rder parricide or infanticide.
"ntent to Hill is concl'si$ely pres'med # en deat res'lted. 0ence e$idence of intent

to Hill is re@'ired only in attempted or fr'strated omicide
"n all crimes a ainst persons in # ic t e deat of t e $ictim is an element t ere m'st e
satisfactory e$idence of (1) t e fact of deat and (2) t e identity of t e $ictim
Distinction et#een omicide and p ysical in/'ries

In attempted or frustrated homicide t ere is intent to Hill.
In physical in4uries t ere is none. 9owever if as a res'lt of t e p ysical in/'ries inflicted t e $ictim died t
e crime #ill e omicide eca'se t e la# p'nis es t e res'lt and not t e intent of t e act.
The ollowing are hol/ings o the Su,reme Court with res,ect to the crime o homici/e#
- ysical in/'ries are incl'ded as one of t e essential elements of fr'strated omicide.
"f t e deceased recei$ed t#o #o'nds from t#o persons actin independently of eac ot er and t e
#o'nd inflicted y eit er co'ld a$e ca'sed deat ot of t em are lia le for t e deat of t e $ictim and
eac of t em is 'ilty of omicide.
"f t e in/'ries #ere mortal 't #ere only d'e to ne li ence t e crime committed #ill e serio's p ysical in/'ri
es t ro' recHless impr'dence as t e element of intent to Hill in fr'strated omicide is
incompati le #it ne li ence or impr'dence.
: ere t e int ent to Hi ll is not manifest t e crime committed as een en erally considered as p ysical
in/'ries and not attempted or fr'strated m'rder or omicide.
: en se $eral assailants no t actin in conspiracy inf licted #o' nds on a $ictim ' t it cannot e
determined # o inflicted # ic #o'ld # ic ca'sed t e deat of t e $ictim all are lia le for t e
$ictimFs deat .
=ote t at # ile it is possi le to a$e a crime of omicide t ro' recHless impr'dence it is not possi le to
a$e a crime of fr'strated omicide t ro' recHless impr'dence.
9f a bo er killed his opponent in a bo ing bout duly licensed by the Eo+ernment $ithout any
+iolation of the go+erning rules and regulations# there is no omicide to speak of. 9f he hit his
opponent belo$ the belt $ith out any intention to do so# it is omicide Through eckless 9mprudence
if the latter died as a result. 9f he intentionally hit his opponent on that part of his body causing the
death# the crime is omicide.
151
&3orte* vs. 3o#rt of Appeals, 182 30A 1'=)
The shooting of a peace officer $ho $as fully a$are of the risks in pursuing the malefactors $hen
done in a spur of the moment is only omicide. &People vs. Porras, 2 30A 14).
+ommon misconception on the meaning o% corpus delicti.
$orpus delicti means body of the crime. It does not refer to the body of the murdered
person. In all crimes against persons in which the death of the victim is an element of the
crime, there must be proof of the fact of death and identity of the victim.
Article 5'6
(ENALTY *OR *RUSTRATE7 (ARRICI7E. MUR7ER OR 8OMICI7E
Article 5'!
7EAT8 IN A TUMULTOUS A**RAY
ELEMENTS#
That there be several persons.
That the! did not compo se gro#ps organi*ed for the commo n p#rpose of assa#lting and
attac%ing each other reciprocall!.
That these several persons #arreled and assa#lted one another in a conf#sed and
t#m#lt#o#s manner.
4. That someone was %illed in the co#rse of the affra!.
. That it cannot be ascertained who act#all! %illed the deceased.
That the person or pers ons who inf licted serio#s ph!sical in/#ries or who #sed violence
can be identified.
=otes
T'm'lt'o's affray e ists # en at least 4 persons taHe part in it
: en t ere are 2 identified ro'ps of men # o assa'lted eac ot er t ere is no t'm'lt'o's

affray
'ersons lia!le are:

a. personLs # o inflicted serio's p ysical in/'ries
. if it is not Hno#n # o inf licted serio's p ysical in/'ries on t e decea sed all persons # o 'sed $iolence 'pon t e
person of t e $ictim
9f those $ho actually killed the +ictim can be determined# they $ill be the ones to be held liable#
and those $ho inflicted serious or less serious or slight physical in uries shall be punished for said
corresponding offenses pro+ided no conspiracy is established $ith the killers.
Tumultuous affray simply means a commotion in a t'm'lt'o's and conf'sed manner to s'c an e tent t at
it #o'ld not e possi le to identify # o t e Hiller is if deat res'lts or # o inflicted t e serio's p ysical in/'ry
't t e person or persons # o 'sed $iolence are Hno#n.
"t is not a t'm'lt'o's affray # ic rin s a o't t e crime; it is t e ina ility to ascertain act'al
perpetrator. "t is necessary t at t e $ery person # o ca'sed t e deat can not e Hno#n not
t at e can not e identified. ?eca'se if e is Hno#n 't only is identity is not Hno#n t en e
#ill e c ar ed for t e crime of omicide or m'rder 'nder a fictitio's name and not deat in a
t'm'lt'o's affray. "f t ere is a conspiracy t is crime is not committed.
152
To !e considered death in a tumultuous affray/ there must !e:
a @'arrel a free for all # ic s o'ld not in$ol$e or aniIed ro'p; and
someone # o is in/'red or Hilled eca'se of t e fi t.
The person killed in the affray need not be one of the participants.
As lon as it cannot e determined # o Hilled t e $ictim all of t ose persons # o inflicted serio's p
ysical in/'ries #ill e collecti$ely ans#era le for t e deat of t at fello#.
The (evised 'enal Code sets priorities as to who may !e lia!le for the death or physical in-ury in tumultuous
affray:
T e persons # o inflicted serio's p ysical in/'ry 'pon t e $ictim;
"f t ey co'ld not e Hno #n t en anyone # o may a $e employed $iolence on t at person #ill ans#er
for is deat .
"f no ody co'ld still e traced to a$ e employed $iolence 'pon t e $ictim no ody #ill ans#er. T e crimes
committed mi t e dist'r ance of p' lic order or if participants are armed it co'ld e t'm'lt'o's
dist'r ance or if property #as destroyed it co'ld e malicio's misc ief.
Article 5'5
(8YSICAL IN>URIES IN*LICTE7 IN A TUMULTOUS A**RAY
ELEMENTS#
that there is a t#m#lt#o#s affra! as referred to in the preceding article.
That a participant or some participants thereof s#ffer serio#s ph!sical in/#ries or ph!sical
in/#ries of a less serio#s nat#re onl!.
'. that the person responsible therefor cannot be identified.
That all those who appear to have #sed violence #pon the person of the offended part! are
%nown.
'nlike in rticle $1!, where the victim need not be one of the participants , the in#ured
party in the crime of physical in#uries inflicted in tumultuous affray must be one or some of
those involved in the quarrel.
In physical in4uries caused in a tumultuous affray t e conditions are also t e same. But you do not have
a crime of physical in4uries resulting from a tumultuous affray if the physical in4ury is only slight$ T e p
ysical in/'ry s o'ld e serio's or less serio's and res'ltin from a t'm'lt'o's affray. o anyone # o may a$e
employed $iolence #ill ans#er for s'c serio's or less serio's p ysical in/'ry.
"f t e p ysical in/'ry s'stained is only sli t t is is considered as in erent in a t'm'lt'o's affray. T e
offended party cannot complain if e cannot identify # o inflicted t e sli t p ysical in/'ries on im.
ote that in slight physical injuries is inflicted in the tumultuous affray and the identity of
the offender is established, the provisions of this article will not be observed. Instead, the
offender shall be prosecuted in the ordinary course of law.
Article 5':
GI3ING ASSISTANCE TO SUICI7E
Acts ,unisha-le#
153
Assisting another to commit s#icide, whether the s#icide is cons#mmated or not
Lending his assistance to another to commit s#icide to the e"tent of doing the %illing
himself
Notes#
Ji$in assistance to s'icide means i$in means (arms poison etc.) or # ate$er manner of positi$e and
direct cooperation (intellect'al aid s' estions re ardin t e mode of committin s'icide etc.).
1. A person # o attempts to commit s'icide is not criminally lia le
"n t is crime t e intention m'st e for t e person # o is asHin t e assistance of anot er to commit
s'icide.
"f t e intention is not to commit s'icide as # en e /'st #anted to a$e a pict're taHen of im to impress
'pon t e #orld t at e is committin s'icide eca'se e is not satisfied #it t e o$ernment t e crime is eld to
e inciting to sedition$
0e ecomes a co conspirator in t e crime of incitin to sedition 't not of i$in assistance to s'icide
eca'se t e assistance m'st e i$en to one # o is really determined to commit s'icide.
A pre nant #oman # o tried to commit s'icide y means of poison 't instead of dyin t
e fet's in er #om #as e pelled is not lia le for a ortion
Assistance to suicide is different from mercy3/illing. E't anasiaLmercy Hillin is t e

practice of painlessly p'ttin to deat a person s'fferin from some inc'ra le disease. "n t
is case t e person does not #ant to die. A doctor who resorts to euthanasia may 'e held
lia'le for murder
"f t e person does t e Hillin imself t e penalty is similar to t at of omicide # ic is recl'sion temporal. T
ere can e no @'alifyin circ'mstance eca'se t e determination to die m'st come from t e $ictim. T is
does not contemplate e't anasia or mercy Hillin # ere t e crime is m'rder if #it o't consent; if #it
consent co$ered y Article 253.
"n mercy Hillin t e $ictim is not in a position to commit s'icide. : oe$er #o'ld eed is ad$ice is not
really i$in assis tance to s'icide 't doin t e Hillin imself. "n i$in assistance to s'icide t e principal actor
is t e person committin t e s'icide.
?ot in e't anasia and s'icide t e intention to t e end life comes from t e $ictim imself; ot er#ise t e
article does not apply. T e $ictim m'st persistently ind'ce t e offender to end is life.
4. -enalty is miti ated if s'icide is not s'ccessf'l
+en if the suicide did not materiali*e# the person gi+ing assistance to suicide is also liable but the
penalty shall be one or t$o degrees lo$er depending on $hether it is frustrated or attempted
suicide.
The following are holdings of the %upreme Court with respect to this crime:
T e crime is fr'strated if t e offender i$es t e assistance y doin t e Hillin imself as firin 'pon t e ead of
t e $ictim 't # o did not die d'e to medical assistance.
T e person attemptin to commit s'icide is not lia le if e s'r$i$es. T e acc'sed is lia le if e Hills t e
$ictim is s#eet eart eca'se of a s'icide pact.
Article 5'"
7ISC8ARGE O* *IREARMS
ELEMENTS#
1. that the offender discharges a firearm against or at another person.
154
2. That the offender has no intention to %ill that person.
Notes#
T is crime cannot e committed t ro' impr'dence eca'se it re@'ires t at t e disc ar e m'st e directed at
anot er.
T e offender m'st s oot at anot er #it any firearm #it o't intention of Hillin im. If the
firearm is not discharged at a person t e act is not p'nis ed 'nder t is article
"f t e firearm is directed at a person and t e tri er #as pressed 't did not fire t e crime is fr'strated
disc ar e of firearm.
"f t e disc ar e is not directed at a person t e crime may constit'te alarm and scandal.
A disc ar e to#ards t e o'se of t e $ict im is not disc ar e of firearm. >n t e ot er and

firin a 'n a ainst t e o'se of t e offended party at random not Hno#in in # at part
of t e o'se t e people #ere it is only alarm 'nder art 155.
8s'ally t e p'rpose of t e offender is only to intimidate or fri ten t e offended party
"ntent to Hill is ne ated y t e fact t at t e distance et#een t e $ictim and t e offender

is 2** yards
A person can e eld lia le for disc ar e e$en if t e ' n #as not poi nted at t e offended
party # en it fired for as lon as it #as initially aimed at or a ainst t e offended
party
The following are holdings of the %upreme Court with respect to this crime:
"f serio's p ysical in/'ries res'lted from disc ar e t e crime committed is t e comple crime of serio's p
ysical in/'ry #it ille al disc ar e of firearm or if less serio's p ysical in/'ry t e comple crime of
less serio's p ysical in/'ry #it ille al disc ar e of firearm #ill apply.
+irin a 'n at a per son e$en if merely to fri ten im constit'tes ille al disc ar e of firearm.
The gun used in the crime must be licensed, or the person using the firearm must be
authori)ed to carry the same, otherwise, in addition to the crime punished under this
article, accused may also be held liable for illegal possession of firearm under
3epublic ct o. !6-- as amended by 3epublic ct o. 6$B/.
Article 5''
IN*ANTICI7E
ELEMENTS#
That a child was %illed.
That the deceased child was less than three da!s & 2 ho#rs) of age.
'. That the acc#sed %illed the said child.
Notes#
: en t e offender is t e fat er mot er or le itimate ascendant e s all s'ffer t e penalty
prescri ed for parricide. "f t e offender is any ot er person t e penalty is t at for
m'rder. "n eit er case t e proper @'alification for t e offense is infanticide
155
+en if the killer is the mother or the father or the legitimate grandparents# the crime is still
9nfanticide and not Parricide. The penalty ho$e+er# is that for Parricide.
"ll'stration
An unmarried woman& A& gave 'irth to a child& B$ To conceal her dishonor& A conspired with C to
dispose of the child$ C agreed and /illed the child B 'y 'urying the child somewhere$
If the child was /illed when the age of the child was three days old and a'ove already t e crime of A is
parricide. T e fact t at t e Hillin #as done to conceal er dis onor #ill not miti ate t e
criminal lia ility anymore eca'se concealment of dis onor in Hillin t e c ild is not miti atin in parricide.
If the crime committed 'y A is parricide 'ecause the age of the child is three days old or a'ove&
t e crime of t e co consp irator C is m'rder. "t is not parricide eca'se e is not related to t e $ictim.
If the child is less than three days old when /illed ot t e mot er and t e stran er commits infanticide
eca'se infanticide is not predicated on t e relation of t e offender to t e offended party 't on t e a e
of t e c il d. "n s'c a case conce alment of dis onor as a moti$e for t e mot er to a$e t e c ild Hilled
is miti atin .
: en infanticide is committed y t e mot er or maternal randmot er in order to

conceal t e dis onor s'c fact is only miti atin
T e delin@'ent mot er # o claims t at s e committed t e offense to conceal t e dis

onor m'st e of ood rep'tation. 0ence if s e is a prostit'te s e is not entitled to a
lesser penalty eca'se s e as no onor to conceal
Concealment of dishonor is not an element of infanticide . "t merely lo#ers t e penalty. "f t e c ild is a
andoned #it o't any intent to Hill and deat res'lts as a conse@'ence t e crime committed
is not infanticide 't a andonment 'nder Article 2!6.
"f t e p'rpose of t e mot er is to conceal er dis onor infanticide t ro' impr'dence is not committed
eca'se t e p'rpose of concealin t e dis onor is incompati le #it t e a sence of malice in c'lpa le
felonies.
T ere is no infant icide # en t e c ild #as orn dead or alt o' orn ali $e it co'ld not
s'stain an independent life # en it #as Hilled
In our study of persons and family relations, we have learned that birth determines
personality. *o fetus becomes a person by the legal fact of birth. The 4ivil 4ode
provides that, if the fetus had an intra+uterine life of less than seven F>D months, it
will be considered born only if it survives $/ hours after the umbilical cord is cut. If such
fetus is killed within the $/+hour period, we have to determine if it would have survived
or it would have died nonetheless, had it not been killed.
legal problem occurs when a fetus having an intra+uterine life of less than >
months, born alive, is killed within $/ hours from the time the umbilical cord is cut. This
is so because there is difficulty of determining whether the crime committed is
infanticide or abortion. In such a situation, the court may avail of expert testimony in
order to help it arrive at a conclusion. *o, if it is shown that the infant cannot survive
within $/ hours, the crime committed is abortion# otherwise if it can survive, the crime
would be infanticide.
Article 5')
INTENTIONAL ABORTION
ELEMENTS#
1. That there is a pregnant woman.
156
That violence is e"erted, or dr#gs or beverages administered, or that the acc#sed

otherwise acts #pon s#ch pregnant woman.
That as a res#lt of the #se of violence or dr#gs or beverages #pon her, or an! other act of the
acc#sed, the fet#s dies, either in the womb or after having been e"pelled therefrom.
4. That the abortion is intended.
Ortega Notes#
Acts ,unishe/
8sin any $iolence 'pon t e person of t e pre nant #oman;
Actin 't #it o't 'sin $iolence #it o't t e consent of t e #oman. (?y administerin dr' s or e$era es 'pon
s'c pre nant #oman #it o't er consent.)
Actin ( y administerin dr' s or e$era es) #it t e consent of t e pre nant #oman.
A'ortion is the violent expulsion of a fetus from the maternal wom' . "f t e fet's as een deli$ered 't it co'ld
not s' sist y itself it is still a fet's and not a person. T 's if it is Hilled t e crime committed is a ortion
not infanticide.
Distinction et#een infanticide and a ortion
"t is infanticide if t e $ictim is already a person less t at t ree days old or !2 o'rs and is $ia le or capa
le of li$in separately from t e mot erFs #om .
"t is a'ortion if t e $ictim is not $ia le 't remains to e a fet's.
A'ortion is not a crime against the woman 'ut against the fetus . "f mot er as a conse@'ence of a ortion s'ffers
deat or p ysical in/'ries yo' a$e a comple crime of m'rder or p ysical
in/'ries and a ortion.
In intentional a'ortion t e offender m'st Hno# of t e pre nancy eca'se t e partic'lar criminal intention is
to ca'se an a ortion. T erefore t e offender m'st a$e Hno#n of t e pre nancy for ot er#ise e #o'ld not
try an a ortion.
"f t e #oman t'rns o't not to e pre nant and someone performs an a ortion 'pon er e is lia le for an
impossi le crime if t e #oman s'ffers no p ysical in/'ry. "f s e does t e crime #ill e omicide serio's p
ysical in/'ries etc.
8nder t e Article 4* of t e Ci$il Code 'irth determines personality . A person is considered orn at t e
time # en t e 'm il ical cord is c't. 0e t en ac@'ires a personality separate from t e mot er.
?'t e$en t o' t e 'm ilical cord as een c't Article 41 of t e Ci$il Code pro$ides t at if t e fet's ad an intra
'terine life of less t an se$en mont s it m'st s'r$i$e at least 24 o'rs after t e 'm ilical cord is c't for it to
e considered orn.
"ll'stration
mot er deli$ered an offsprin # ic ad an intra 'terine life of se$en mont s. ?efore t e 'm ilical cord is
c't t e c ild #as Hilled.
"f it co'ld e s o#n t at ad t e 'm ilical cord een c't t at c ild if not Hilled #o'ld a$e s'r$i$ed eyond 24
o'rs t e crime is infanticide eca'se t at concei$ed c ild is already considered orn.
"f it co'ld e s o#n t at t e c ild if not Hilled #o'ld not a$e s'r$i$ed eyond 24 o'rs t e crime is a ortion
eca'se # at #as Hilled #as a fet's only.
"n a ortion the concealment of dishonor as a motive of the mother to commit the a'ortion upon herself is
mitigating . "t #ill also miti ate t e lia ility of t e maternal randparent of t e $ictim B t e mot er of t e
pre nant #oman B if t e a ortion #as done #it t e consent of t e pre nant #oman.
15%
If the a'ortion was done 'y the mother of the pregnant woman without the consent of the woman herself
e$en if it #as done to conceal dis onor t at circ'mstance #ill not miti ate er criminal lia ility.
But if those who performed the a'ortion are the parents of the pregnant woman& or either of them& and
the pregnant woman consented for the purpose of concealing her dishonor t e penalty is t e same as t at
imposed 'pon t e #oman # o practiced t e a ortion 'pon erself .
<rustrated a'ortion is committed if t e fet's t at is e pelled is $ia le and t erefore not dead as a ortion
did not res'lt despite t e employment of ade@'ate and s'fficient means to maHe t e pre nant #oman
a ort. "f t e means are not s'f ficient or ade@'ate t e crime #o'ld e an impossi'le crime of a'ortion. "n
cons'mmated a ortion t e fet's m'st e dead.
>ne # o pers'ades er sister to a ort is a co principal and one # o looHs for a p ysician to maHe is
s#eet eart a ort is an accomplice. T e p ysician #ill e p'nis ed 'nder Article 25 of t e e$ised -enal
Code.
Article 5'+
UNINTENTIONAL ABORTION
ELEMENTS#
That there is a pregnant woman.
That violence is #sed #pon s#ch pregnant woman witho#t intending an abortion.
'. That the violence is intentionall! e"erted.
That as a res#lt of the vi olence that fet #s dies, either in the wo mb or after having been
e"pelled therefrom.
Notes#
8nintentional a ortion re@'ires p ysical $iolence inflicted deli erately and $ol'ntarily y a t ird person
'pon t e person of t e pre nant #om an. Mere intimidation is not eno' 'nless t e de ree of intimidation
already appro imates $iolence.
"f t e pre nant #oman a orted eca'se of intimidation t e crime committed is not 'nintentional a ortion
eca'se t ere is no $iolence; t e crime committed is li t t reats.
"f t e pre nant #oman #as Hilled y $iolence y er 's and t e crime committed is t e comple crime
of parricide #it 'nla#f'l a ortion.
While there is no intention on the part of the accused to cause an abortion, nonetheless, the
violence that he employs on the pregnant woman must be intentional. In other words, only the
abortion is unintended.
1. 8nintentional a ortion can also e committed t ro' ne li ence
8nintentional a ortion may e committed t ro' ne li ence as it is eno' t at t e 'se of $iolence e

$ol'ntary.
"ll'stration
A @'arrel ens'ed et#een A 's and and ? #ife. A ecame so an ry t at e str'cH ? # o #as t en pre nant
#it a soft drinH ottle on t e ip. A ortion res'lted and ? died.
Take note that while unintentional abortion appears to be a crime that should be
committed with deliberate intent because of the re5uirement that the violence
employed on the victim must be intentional, nevertheless, if the circumstances of the
case justifies the application of the other means of committing a felony Flike culpaD,
then the same should be applied but the penalty will not be the penalty provided
under rticle $1>. Instead, the
15&
offender shall be subject to the penalty prescribed for simple or reckless

imprudence under rticle -1.
T e acc'sed can only e eld lia le if e Hne# t at t e #oman #as pre nant
3 DE?ATA?7E
"n US %& >e ry. !' (hil& :4!. t e 'preme Co'rt said t at Hno#led e of pre nancy of t e offended party is
not necessary. "n (eo,le %& Carnaso. /eci/e/ on A,ril +. !4)". o#e$er t e 'preme Co'rt eld t at Hno#led
e of pre nancy is re@'ired in 'nintentional a ortion.
Criticism#
8nder Article 4 para rap 1 of t e e$is ed -enal Code any person committing a felony is criminally lia'le for all the direct& natural& and
logical conse*uences of his felonious acts although
it may 'e different from that which is intended$ T e act of employin $iolence or p ysical force 'pon t e
#oman is already a felony. It is not material if offender /new a'out the woman 'eing pregnant or not$
"f t e act of $iolence is not felonio's t at is act of self defense and t ere is no Hno#led e of t e
#omanFs pre nancy t ere is no lia ility. "f t e act of $iolence is not felonio's 't t ere is Hno#led e of t e
#omanFs pre nancy t e offender is lia le for 'nintentional a ortion.
"ll'stration
T e act of p's in anot er ca'sin er to fall is a felonio's act and co'ld res'lt in p ysical in/'ries.
Correspondin ly if not only p ysical in/'ries #ere s'stained 't a ortion also res'lted t e felonio's act of
p's in is t e pro imate ca'se of t e 'nintentional a ortion.
"f t ere is no intention to ca'se a ortion and neit er #as $iole nce e erted arts 256
and 25! does not apply
;uestions Answers
A pregnant woman decided to commit suicide$ .he 4umped out of a window of a 'uilding 'ut she
landed on a passer'y$ .he did not die 'ut an a'ortion followed$ Is she lia'le for unintentional a'ortionQ
=o. : at is contemplated in 'nintentional a ortion is t at t e force or $iolence m'st come from anot
er. "f it #as t e #oman doin t e $iolence 'pon erself it m'st e to rin a o't an a ortion and t erefore t
e crime #ill e intentional a ortion. "n t is case # ere t e #oman tried to commit s'icide t e act of
tryin to commit s'icide is not a felony 'nder t e e$ised -enal Code. T e one penaliIed in s'icide is
t e one i$in assistance and not t e person tryin to commit s'icide.
If the a'ortive drug used in a'ortion is a prohi'ited drug or regulated drug under )residential 0ecree
No$ 8+1 6The 0angerous 0rugs Act of 5GK+7& as amended& what are the crimes committedQ
T e crimes committed are (1) intentional a ortion; and (2) $iolation of t e Dan ero's Dr' s
Act of 1 !2.
Article 5'2
ABORTION (RACTICE7 BY T8E 1OMAN 8ERSEL* OR BY 8ER (ARENTS
ELEMENTS #
That there is a pregnant woman who has s#ffered an abortion.
That the abortion is intended.
That the abortion is ca#sed b! –
the pregnant woman herself
an! other person, with her consent, or

15-
an! of her parents, with her consent for the p#rpose of concealing her dishonor.
Notes#
7ia ility of t e pre nant #oman is miti ated if t e p'rpose is to conceal er dis onor.
0o#e$er t ere is no Miti ation for t e parents of t e pre nant #omen e$en if t eir
p'rpose is to conceal t eir da' terFs dis onor
"n infanticide parents can a$ail of t e miti atin circ'mstance of concealin t e dis onor
of t eir da' ter. T is is not so for art 25%
Article 5'4
ABORTION (RACTICE7 BY A (8YSICIAN OR MI71I*E AN7 7IS(ENSING
O* ABORTI3ES
ELEMENTS#
That there is a pregnant woman who has s#ffered an abortion.
That the abortion is intended.
That the offen der, who m#st be a ph!sician or midwife, ca#ses or assi sts in ca#s ing the
abortion.
4. That said ph!sician or midwife ta%es advantage of his or her scientific %nowledge or s%ill.
Notes#
"t is not necessary t at t e p armacist Hne# t at t e a orti$e #o'ld e 'sed to ca'se a
ortion. %hat is punished is the act of dispensing an a'ortive without the proper
prescription. "t is not necessary t at t e a orti$e e act'ally 'sed
"f t e p armacist Hne# t at t e a orti$e #o'ld e 'sed to ca's e a ortion and a ortion
res'lts e is lia le as an accomplice
"f t e a ortion is prod'ced y a p ysician to sa$e t e life of t e mot er t ere is no lia ility. T is is Hno#n
as a therapeutic a!ortion. ?'t a ortion #it o't medical necessity to #arrant it is p'nis a le e$en #it t e
consent of t e #oman or er 's and.
"ll'stration
A woman who is pregnant got sic/$ The doctor administered a medicine which resulted in A'ortion$ T e
crime committed #as 'nintentional a ortion t ro' ne li ence or impr'dence.
;uestion Answer
%hat is the lia'ility of a physician who a'orts the fetus to save the life of the motherQ
=one. T is is a case of t erape'tic a ortion # ic is done o't of a state of necessit y. T erefore t

e re@'isites 'nder Article 11 para rap 4 of t e e$ised -enal Code m'st e present. T ere m'st e no ot er
practical or less armf'l means of sa$in t e life of t e mot er to maHe t e Hillin /'stified.
Article 5)6
RES(ONSIBILITY O* (ARTICI(ANTS IN A 7UEL
Acts ,unishe/#
Dilling oneBs adversar! in a d#el
nflicting #pon the adversar! serio#s ph!sical in/#ries

16
'. 6a%ing a combat altho#gh no ph!sical in/#ries have been inflicted
(ersons lia-le#
'rincipals B person # o Hilled or inflicted p ysical in/'ries 'pon is ad$ersary or ot com
atants in any ot er cases
Accomplices B as seconds
The person who killed or injured his adversary. If both survive, both will be liable for
the crime of duel as principals by direct participation. The seconds will be held liable
as accomplices.
Notes#
7uel# a formal or re 'lar com at pre$io'sly concerted et#een 2 parties in t e presence of
2 or more seconds of la#f'l a e on eac side # o maHe t e selection of arms and fi all t
e ot er conditions of t e fi t
If death results t e penalty is t e same as t at for omicide
While the agreement is to fight to the death, the law will disregard the
“intent to kill, if only physical in#uries is inflicted. The crime will not be
classified as attempted or frustrated homicide.
9f the accused and the deceased# after a +erbal heated argument in a bar# left the place at the
same time and pursuant to their agreement# $ent to the pla*a to fight each other to death $ith
kni+es $hich they bought on the $ay# thefacts do not constitute the crime of dueling since there
were no seconds who fi!ed the conditions of the fight in a more or less formal manner. 9f one $as
killed# the crime committed $ould be omicide.
T ere is no s'c crime no#adays eca'se people it eac ot er e$en #it o't enterin into any pre
concei$ed a reement. T is is an o solete pro$ision.
Article 5)!
C8ALLENGING TO A 7UEL
Acts ,unisha-le#
3hallenging another to a d#el
nciting another to give or accept a challenge to a d#el
coffing at or decr!ing another p#blicl! for hav ing ref#sed to accept a challenge to fight
a d#el
(ersons lia-le#
C allen er
"nsti ators
If the challenge is only to fight, without the challenger having in mind a formal combat
to be agreed upon with the assistance of seconds as contemplated under the law, the
crime committed will only be grave or light threat as the case may be.
"ll'stration
If one challenges another to a duel 'y shouting Come down& Olympia& let us measure your prowess$ %e
will see whose intestines will come out$ >ou are a coward if you do not come down & the crime of
challenging to a duel is not committed . : at is committed is t e crime of li t t reats 'nder Article 2%5
para rap 1 of t e e$ised -enal Code.
161
(8YSICAL IN>URIES
Article 5)5
MUTILATION
in/s o Mutilation
"ntentionally m'tilatin anot er y depri$ in im total ly or partially of some essential or

an for reprod'ction
2. "ntentionally maHin anot er m'tilation i.e. loppin clippin off any part of t e ody of
t e offended party ot er t an t e essential or an for reprod'ction to depri$e im of
t at part of t e ody
Elements#
There be a castration i.e. m#tilation of organs necessar! for generation
6#tilation is ca#sed p#rposel! and deliberatel!
Notes#
$utilation is t e loppin or clippin off of some part of t e ody.
T e intent to deli erately c't off t e partic'lar part of t e ody t at #as remo$ed from t e offended
party m'st e esta lis ed. If there is no intent to deprive victim of particular part of 'ody& the crime is only
serious physical in4ury .
T e common mistaHe is to associate t is #it t e reprod'cti$e or ans only. #utilation includes any part of
the human 'ody that is not suscepti'le to grow again$
"f # at #as c't off #as a reprod'cti$e or an t e penalty is m'c i er t an t at for omicide.
T is cannot e committed t ro' criminal ne li ence.
"n t e first Hind of m'tilation t e castration m'st e made p'rp osely. >t er#ise it #ill e
considered as m'tilation of t e second Hind
Mayhem# refers to any ot er intentional m'tilation
Article 5):
SERIOUS (8YSICAL IN>URIES
8ow Committe/
o#nding
:eating
'. Assa#lting
4. Administering in/#rio#s s#bstances
"n one case t e acc'sed # ile con$ersin #it t e offended party dre# t e latterFs olo from its sca ard. T
e offended party ca' t old of t e ed e of t e lade of is olo and #o'nde d imself. "t #as eld t at since t e
acc'sed did not #o'nd eat or assa'lt t e offended party e can not e 'ilty of serio's p ysical in/'ries.
1hat are serious ,hysical in uries#
1. n/#red person becomes insane, imbecile, impotent or blind

162
n/#red person –
loses the #se of speech or the power to hear or to smell, loses an e!e, a hand, foot,
arm or leg
loses the #se of an! s#ch member
becomes incapacitated for the wor% in which he had been habit#all! engaged
n/#red person –
becomes deformed
loses an! other member of his bod!
loses the #se thereof
becomes ill or incapacitated for the performance of the wor% in which he had been
habit#all! engaged in for more than =; da!s
n/#red person becomes ill or incapacitated for labor for more tha n '; da!s &b#t not
more than =; da!s)
Notes#
T e crime of p ysical in/'ries is a crime of res'lt eca'se 'nder o'r la#s t e crime of p ysical in/'ries is
ased on t e ra$ity of t e in/'ry s'stained. o t is crime is al#ays cons'mmated.
T e reason # y t ere is no attempted or fr'strated p ysical in/'ries is eca'se t e crime of

p ysical in/'ries is determined on t e ra$ity of t e in/'ry. As lon as t e in/'ry is not t ere t ere can e no
attempted or fr'strated sta e t ereof.
erio's p ysical in/'ries may e committed t ro' recHless impr'dence or simple

impr'dence
T ere m'st e no intent to /ill
)mpotent s o'ld incl'de ina ility to cop'late and sterility
1lindness re@'ires lost of $ision in ot eyes. Mere #eaHness in $ision is not

contemplated
#oss of power to hear m'st in$ol$e ot ears. >t er#ise it #ill e considered as serio's p
ysical in/'ries 'nder par 3
#oss of use of hand or incapacity of usual wor in par 2 m'st e permanent

-ar 2 refer s to principal mem ers of t e ody . -ar 3 on t e ot e r and co$ ers any ot
er mem er # ic is not a principal part of t e ody. "n t is respect a front toot is
considered as a mem er of t e ody ot er t an a principal mem er
7e ormity# means p ysical ' liness permanent and definite a normality. =ot c'ra le y
nat'ral means or y nat're. "t m'st e conspic'o's and $isi le. T 's if t e scar is 's'ally
co$ered y a dress it #o'ld not e conspic'o's and $isi le
. T e loss of 3 incisors is a $isi le deformity. 7oss of one incisor is not. 0o#e$er

loss of one toot # ic impaired appearance is a deformity
1*. Deformity y loss of teet refers to in/'ry # ic cannot e impaired y t e action of t e

nat're
163
7oss of ot o'ter ears constit' tes deformity and also loss of t e po#er to ear. Mean#
ile loss of t e lo 'le of t e ear is only a deformity
7oss of t e inde and middle fin ers is eit er a deformi ty or loss of a mem er not a
principal one of is ody or 'se of t e same
7oss of t e po#er to ear in t e ri t ear is consider ed as merely loss of 'se of some

ot er part of t e ody
"f t e in/'ry #o'ld re@'ire medic al attendance for more t an 3* days t e illness of t e
offended party may e considered as lastin more t an 3* days. T e fact
t at t ere #as medical attendance for t at period of time s o#s t at t e in/'ries
#ere not c'red for t at len t of time
8nder par 4 all t at is re@'ired is illness or incapacity not medical attendance
)n determining incapacity t e in/'red party m'st a$e an a$ocation at t e time of t e in/'ry.

:orH incl'des st'dies or preparation for a profession
1!. : en t e cate ory of t e offense of serio's p ysical in/'ries depends on t e period of

t e illness or incapacity for la or t ere m'st e e$idence of t e len t of t at period.
>t er#ise t e offense #ill only e considered as sli t p ysical in/'ries
1%. T ere is no incapacity if t e in/'red party co'l d still en a e in is #orH alt o' less
effecti$ely t an efore
1-. %erious physical in-uries is *ualified # en t e crime is committed a ainst t e same

persons en'merated in t e article on parricide or # en it is attended y
any of t e circ'mstances definin t e crime of m'rder. 9owever serio's p ysical in/'ries res'ltin from e cessi$e c
astisement y parents is not @'alified serio's
p ysical in/'ries
Ortega Notes#
Classi ication o ,hysical in uries#
Between slight physical in4uries and less serious physical in4uries yo' a$e a d'ration of one to nine
days if sli t p ysical in/'ries; or 1* days to 2* days if less serio's p ysical in/'ries. Consider t e
d'ration of ealin and treatment.
T e si nificant part ere is et#een sli t p ysical in/'ries and less serio's p ysical in/'ries. 9o' #ill
consider not only t e ealin d'ration of t e in/'ry 't also t e medical attendance re@'ired to
treat t e in/'ry. o t e ealin d'ration may e one to nine days 't if t e medical treatment
contin'es eyond nine days t e p ysical in/'ries #o'ld already @'alify as less serio's p ysical
in/'ries. T e medical treatment may a$e lasted for nine days 't if t e offended party is still
incapacitated for la or eyond nine days t e p ysical in/'ries are already considered less
serio's p ysical in/'ries.
Between less serious physical in4uries and serious physical in4uries yo' do not consider t e period of
medical treatment. 9o' only consider t e period # en t e offended party is rendered
incapacitated for la or.
"f t e offended party is incapacitated to #orH for less t an 3* days e$en t o' t e treatment
contin'ed eyond 3* days t e p ysical in/'ries are only considered less serio's eca'se for
p'rposes of classifyin t e p ysical in/'ries as serio's yo' do not consider t e period of medical
treatment. 9o' only consider t e period of incapacity from #orH.
%hen the in4ury created a deformity upon the offended party& you disregard the healing duration or the
period of medical treatment involved . At once it is considered serio's p ysical in/'ries.
164
o e$en t o' t e deformity may not a$e incapacitated t e offended party from #orH or e$en
t o' t e medical treatment did not o eyond nine days t at deformity #ill rin a o't t e crime of
serio's p ysical in/'ries.
0eformity re*uires the concurrence of the following conditions:
T e in/'ry m'st prod'ce ' liness;
"t m'st e $isi le;
T e ' liness #ill not disappear t ro' nat'ral ealin process.
"ll'stration
7oss of molar toot B T is is not deformity as it is not $isi le.
7oss of permanent front toot B T is is deformity as it is $isi le and permanent.

7oss of milH front toot B T is is not deformity as it is $isi le 't #ill e nat'rally replaced.
;uestion Answer
The offender threw acid on the face of the offended party$ %ere it not for timely medical
attention& a deformity would have 'een produced on the face of the victim $ After the plastic surgery& the
offended party was more handsome than 'efor e the in4ury$ %hat crime was committedQ In what stage
was it committedQ
T e crime is serio's p ysical in/'ries eca'se t e pro lem itself states t at t e in/'ry #o'ld a$e
prod'ced a deformity. T e fact t at t e plastic s'r ery remo$ed t e deformity is immaterial eca'se
in la# what is considered is not the artificial treatment 'ut the natural healing process$
In a case decided 'y the .upreme Court& accused was charged with serious physical in4uries 'ecause
the in4uries produced a scar$ 9e was convicted under Article + 2 687$ 9e appealed 'ecause& in the
course of the trial& the scar disappeared . "t #as eld t at acc'sed can not e con$icted of serio's p
ysical in/'ries. 0e is lia le only for sli t p ysical in/'ries eca'se t e $ictim #as not incapacitated and
t ere #as no e$idence t at t e medical treatment lasted for more t an nine days.
%erious physical in-uries is punished with higher penalties in the following cases:
"f it is committed a ainst any of t e persons referred to in t e crime of parricide 'nder Article 246;
"f any of t e circ'mstances @'alifyin m'rder attended its commission.
T 's a fat er # o inflicts serio's p ysical in/'ries 'pon is son #ill e lia le for @'alified serio's p ysical
in/'ries.
Re,u-lic Act No& 26"4 <The Anti=8aDing Law@

8aDing T is is any initiation rite or practice # ic is a prere@'isite for admission into mem ers ip in a
fraternity or sorority or any or aniIation # ic places t e neop yte or applicant in some em arrassin or
'miliatin sit'ations or ot er#ise s' /ectin im to p ysical or psyc olo ical s'fferin of in/'ry. T ese do not
incl'de any p ysical mental psyc olo ical testin and trainin proced're and practice to determine and
en ance t e p ysical and psyc olo ical fitness of t e prospecti$e re 'lar mem ers of t e elo#.
>r aniIations incl'de any cl' or A+- -=- -MA or officer or cadet corps of t e CMT or CAT.
ection 2 re@'ires a written notice to school authorities from the head of the organi(ation seven days
prior to the rites and should not exceed three days in duration$
ection 3 re@'ires supervision 'y head of the school or the organi(ation of the rites$
165
ection 4 *ualifies the crime if rape sodomy or m'tilation res'lts t erefrom if t e person ecomes insane
an im ecile or impotent or lind eca'se of s'c if t e person loses t e 'se of speec or t e po#er to ear or
smell or an eye a foot an arm or a le or t e 'se of any s'c mem er or any of t e serio's p ysic al
in/'ries or t e less serio's p ysical in/'ries. Also if t e $ictim is elo# 12 or ecomes incapacitated for t e
#orH e a it'ally en a es in for 3* 1* 1 days.
"t olds t e parents sc ool a't or ities # o consented or # o ad act'al Hno#led e if t ey did not in to
pre$ent it officers and mem ers # o planned Hno#in ly cooperated or #ere present present al'mni of
t e or aniIation o#ner of t e place # ere s'c occ'rred lia le.
#a/es presence a prima facie presumption of guilt for such$
Article 5)"
A7MINISTERING IN>URIOUS SUBSTANCES OR BE3ERAGES
ELEMENTS#
That the offender inflicted #pon another person an! serio#s ph!sical in/#r!
That it was done %nowingl! administering to him an! in/#rio#s s#bstances or

beverages or b! ta%ing advantage of his wea%ness of mind of cred#lit!
'. 9e had no intent to %ill
Notes#
The article under consideration does not deal with a crime. It refers to means of
committing serious physical injuries.
"t is fr'strated m'rder # en t ere is intent to Hill
Administering means introd'cin into t e ody t e s' stance t 's t ro#in of t e acid in t e face
is not contemplated
Article 5)'
LESS SERIOUS (8YSICAL IN>URIES
ELEMENTS#
That the offended part! is incapacitated for labor for 1; da !s or more &b#t not more than ';
da!s), or needs medical attendance for the same period of time
That the ph!sical in/#ries m#st not be those described in the preceding articles
Notes#
!& Circumstances $uali ying the o ense#
a. # en t ere is manifest intent to ins'lt or offend t e in/'red person .
# en t ere are circ'mstances addin i nominy to t e offense
# en t e $ictim is eit er t e offenderFs parents ascendants 'ardians c'rators or

teac ers
166
# en t e $ictim is a person of ranH or person in a't ority pro$ided t e crime is

not direct assa'lt
"t falls 'nder t is article e$en if t ere #as no incapacity 't t e medical treatment #as
for 13 days
In this article, the offended party is incapacitated from work for ten F!:D days or more
but not more than thirty F :D days. If the injury causes the illness of the victim, the
healing duration must be more than nine FBD days but not more than thirty F :D days.
Article 265 is an e ception to Article 4% in relation to comple crimes as t e latter only taHes place in
cases # ere t e e$ised -enal Code as no specific pro$ision penaliIin t e same #it a definite specific
penalty. 0ence t ere is no comple crime of slander y deed #it less serio's p ysical in/'ries 't only less
serio's p ysical in/'ries if t e act # ic #as committed prod'ced t e less serio's p ysical in/'ries #it t e
manifest intent to ins'lt or offend t e offended party or 'nder circ'mstances addin i nominy to t e
offense.
Article 5))
SLIG8T (8YSICAL IN>URIES
in/s#
That which incapacitated the offended part! for labor from 1C= da!s or re #ired medical
attendance d#ring the same period
That which did not prevent the offended part! from engaging in his habit#al wor% or
which did not re #ire medical attendance &e". :lac%Ce!e)

llCtreatment of another b! deed witho#t ca#sing an! in/#r! &e". slapping b#t witho#t
ca#sing dishonor)
T is in$ol$es e$en ill treatment # ere t ere is no si n of in/'ry re@'irin medical treatment.
lappin t e offended party is a form of ill treatment # ic is a form of sli t p ysical in/'ries.
?'t if t e slappin is done to cast dis onor 'pon t e person slapped t e crime is slander y deed. "f t e
slappin #as done #it o't t e inten tion of castin dis onor or to 'miliate or em arrass t e offended party
o't of a @'arrel or an er t e crime is still ill treatment or sli t p ysical in/'ries.
T e crime is sli t p ysical in/'ry if t ere is no proof as to t e period of t e offended partyFs

incapacity for la or or of t e re@'ired medical attendance.
Re,u-lic Act No& +)!6 <S,ecial (rotection o Chil/ren against Chil/ A-use.
EF,loitation an/ 7iscrimination Act@. in relation to m'rder m'tilation or in/'ries to a
c ild
T e last para rap of Article &" of ep' lic Act =o. !61* pro$ides
+or p'rposes of t is Act t e penalty for t e commission of acts p'nis a le 'nder Articles 24% 24 262
(2) and 263 (1) of Act =o 3%15 as amended of t e e$ised -enal Code for t e crimes of m'rder
omicide ot er intentional m'tilation and serio's p ysical in/'ries respecti$ely s all e recl'sion perpet'a #
en t e $ictim is 'nder t#el$e years of a e.G
T e pro$isions of ep' lic Act =o. !16* modified t e pro$isions of t e e$ised -enal Code in so far as t e
$ictim of t e felon ies referred to is 'nder 12 years of a e. T e clear intention is to p'nis t e said
crimes #it a i er penalty # en t e $ictim is a c ild of tender a e. "ncidentally t e reference to Article 24
of t e Code # ic defines and penaliIes t e crime of omicide #ere t e $ictim is 'nder 12 years old is an
error . illin a c ild 'nder 12 is m'rder not omicide eca'se t e $ictim is 'nder no position to defend
imself as eld in t e case of 'eople v.
anohon/ 3F; %C(A D43.
16%
+or m'rder t e penal ty pro$ided y t e Code as amended y ep' lic Act =o. !65 is recl'sion perpet'a to
deat B i er t an # at ep' lic Ac t no. !61* pro$ides. Accordin ly
insofar as t e crime is m'rder Article 24% of t e Code as amended s all o$ern e$en if t e $ictim #as
'nder 12 years of a e. "t is only in respect of t e crimes of intentional m'tilation in para rap 2 of
Article 262 and of serio's p ysical in/'ries in para rap 1 of Article 263 of t e Code t at t e @'oted
pro$ision of ep' li c Act =o. !16* may e applied for t e i er penalty # en t e $ictim is 'nder 12 years
old.
RA(E
ART 5))=A
RA(E
The AntiC0ape Law of 1== &0A 5' ') now classified the crime of rape as 3rime Against
Persons incorporated into Title 5 of the 0P3 to be %nown as 3hapter '
ELEMENTS#
Ra,e is committe/
:! a man who have car nal %nowledge of a woman #nder an! of the fol lowing
circ#mstances7
thro#gh force, threat or intimidation
when the offended part! is deprived of reason or otherwise #nconscio#s
b! means of fra#d#lent machination or grave ab#se of a#thorit!
when the offended part! is #nder 12 !ears of age or is demented, even tho#gh none
of the circ#mstances mentioned above be present
:! an! person who, #nder an! of the circ#mstances mentioned in par 1 hereof, shall
commit an act of se"#al assa#lt b! inserting
his penis into another personBs mo#th or anal orifice, or
an! instr#ment or ob/ect, into the genital or anal orifice of another person
Ra,e committe/ un/er ,ar ! is ,unisha-le -y#
3. reclusion perpetua
5& reclusion ,er,etua to 7EAT8 when

a. $ictim ecame insane y reason or on t e occasion of rape
'$ the rape is attempted and a homicide is committed 'y reason or on the occasion
thereof
9"AT+ when
a. omicide is committed
. $ictim 'nder 1% years and offender is

parent
16&
ascendant
step parent
i$.'ardian
rd
+.relati$e y consan 'inity or affinity #it t e 3 ci$il de ree or
$i.common la# spo'se of parent of $ictim
'nder t e c'stody of t e police or military authorities or any law enforcement or penal

institution
committed in f'll $ie# of t e spouse parent or any of t e c ildren or ot er relati$es

#it in t e 3rd de ree of consan 'inity
$ictim is a reli io's engaged in legitimate religious vocation or calling and is personally /nown
to 'e such 'y the offender 'efore or at the time of the commission of the crime
a c ild elo# ! years old
g. offender Hno#s e is afflicted #it 9I? or A "D or any other sexually transmissi'le
disease and the virus is transmitted to the victim
offender; mem er of t e A+- or para3military units thereof or t e -=- or any la#
enforcement a ency or penal institution& when the offender too/ advantage of his
position to facilitate the commission of the crime
$ictim s'ffered permanent p ysical m'tilation or disa'ility
4$ the offender /new of the pregnancy of the offended party at the time of the
commission of the crime- and
/$ when the offender /new of the mental disa'ility& emotional disorder and or physical
handicap or the offended party at the time of the commission of the crime
Ra,e committe/ un/er ,ar 5 is ,unisha-le -y#

3. prision mayor
prision mayor to reclusion temporal a. 'se of

deadly #eapon or
. y t#o or more persons
reclusion temporal B # en t e $ictim as ecome insane
reclusion temporal to reclusion pepetua B rape is attempted and omicide is committed
reclusion perpetua B omicide is committed y reason or on occasion of rape
reclusion temporal B committed #it any of t e 1* a ra$atin circ'mstances mentioned a

o$e
Notes#
!& 7i%i/ing age in ra,e#
less t an ! yrs old mandatory deat .
less t an 12 yrs old stat'tory rape
c. less t an 1% yrs old and t ere is relations ip (e. . parent etc); mandatory deat
&ecause of this amendment which reclassified rape as a crime against persons, an

impossible crime may now be committed in case of rape # that is,
16-
if there is inherent impossibility of its accomplishment or on account of the

employment of inade5uate or ineffectual means.
The case of People vs. -rita F;.3. o. 66>$/, pril , !BB:D, laid a new doctrine in 0hilippine
penal law insofar as the crime of rape is concerned , as it finally did away with frustrated
rape and allowed only attempted rape and consummated rape to remain in our statute
books.
The act of 8touching should be understood as inherently part of the entry of the penis
into the labia of the female organ and not the mere touching alone of the mons pubis or
the pudendum. <urisp rudence dictates that the labia
ma#ora For he outer lips of the female orga nD must be entered for rape to be
consummated, and not merely for the penis to stroke the surface of the
female organ. Thus, grazing of the surface of the female organ or touching the mons pubis
of the pudendum is not sufficient to constitute rape . & Pp vs.
3amp#han)
Classi ication o ra,e
Traditional concept under Article 44< B carnal Hno#led e #it a #oman a ainst er #ill. T e offended
party is al#ays a #oman and t e offender is al#ays a man.
%e5ual assault committed #it an instr'ment or an o /ect or 'se of t e penis #it penetration of mo't or
anal orifice. T e offended party or t e offend er can eit er e man or #oman t at is if a #oman
or a man 'ses an instr'ment on anal orifice of male s e or e can e lia le for rape.
ince rape is not a pri$ate crime anymore it can 'e prosecuted even if the woman does not file a
complaint$
If carnal /nowledge was made possi'le 'ecause of fraudulent machinations and grave a'use of authority& the crime is rape$ T is a sor s t e
crime of @'alified and simple sed'ction # en no
force or $iolence #as 'sed 't t e offender a 'sed is a't ority to rape t e $ictim.
8nder Article 266 C the offended woman may pardon the offender through a su'se*uent valid marriage&
the effect of which would 'e the extinction of the offender@s lia'ility . imilarly t e le al 's and may e
pardoned y for i$eness of t e #ife pro$ided t at t e marria e is not $oid a initio. > $io'sly 'nder t e ne#
la# t e 's and may e lia le for rape if is #ife does not #ant to a$e se #it im. "t is eno' t at t ere is
indication of any amo'nt of resistance as to maHe it rape.
)ncestuous rape #as coined in 'preme Co'rt decisions. "t refers to rape committed 'y an ascendant of
the offended woman$ "n s'c cases t e force and intimidation need not e of s'c nat're as #o'ld e
re@'ired in rape cases ad t e acc'sed een a stran er. Con$ersely t e 'preme Co'rt e pected t at if the
offender is not /nown to the woman it is necessary t at t ere e e$idence of affirmati$e resistance p't 'p
y t e offended #oman. Mere no noG is not eno' if t e offender is a stran er alt o' if t e rape is
incest'o's t is is eno' .
T e new rape law also re*uires that there 'e a physical overt act manifesting resistance if t e offended
party #as in a sit'ation # ere e or s e is incapa le of i$in $alid consent t is is admissi le in e$idence
to s o# t at carnal Hno#led e #as a ainst is or er #ill.
: en t e victim is 'elow 5+ years old& mere sexual intercourse with her is already rape . E$en if it #as s e
# o #anted t e se 'a l interco'rse t e crime #ill e rape. T is is referred to as
statutory rape.
9f the +ictim ho$e+er is e actly t$el+e /120 years old /she $as raped on her birthday0
or more# and there is consent# there is no rape. o$e+er# epublic !ct Fo. %61 # ec.
5 /b0 pro+ides that8 +en if the +ictim is o+er t$el+e /120 year old and the carnal act
$as $ith her consent as long as she falls under the classification of a child e ploited in
prostitution and other se ual abuse# the crime is rape.
"n ot er cases there must 'e force& intimidation& or violence proven to have 'een exerted to 'ring a'out
carnal /nowledge or the woman must have 'een deprived of reason or otherwise unconscious$
1%
The slightest penetration ; contact with the la'ia ; will
9t is not necessary that the force or intimidation employed be so great or of such character as
could not be resisted ? it is only necessary that it be sufficient to consummate the purpose $hich
the accused had in mind. (People vs. 3anada, 2 ' 30A 2 ).
Carnal kno$ledge $ith a $oman $ho is asleep constitutes ape since she $as either depri+ed of
reason or other$ise unconscious at that time. (People vs. 3aballero, 81 Phil. =;;).
e ual intercourse $ith an insane# deranged or mentally deficient# feeble(minded or idiotic $oman
is ape pure and simp le. The depri+ation of reason contem plated by la$ need not be complete
mental abnormality or deficiency is sufficient.
: ere t e victim is over 5+ years old it m'st e s o#n t at t e carnal Hno#led e #it er #as o tained a ainst
er #ill. "t is necessary t at t ere e e$idence of some resistance p't 'p y t e offended #oman. "t is not
o#e$er necessary t at t e offended party s o'ld e ert all er efforts to pre$ent t e carnal interco'rse. "t
is eno' t at from er resistance it #o'ld appear t at t e carnal interco'rse is a ainst er #ill.
Mere initial resistance # ic does not indicate ref'sal on t e part of t e offended party to t e se 'al
interco'rse #ill not e eno' to rin a o't t e crime of rape.
=ote t at it as een eld t a t in t e crime of rape conviction does not re*uire medico3legal finding of any
penetration on the part of the woman$ A medico le al certificate is not necessary or indispensa le to
con$ict t e acc'sed of t e crime of rape.
"t as also een eld t at alt o' t e offended #oman # o is t e $ictim of t e rape failed to add'ce e$idence
re ardin t e dama es to er y reason of t e rape t e co'rt may taHe /'dicial notice t at t ere is s'c dama
e in crimes a ainst c astity. T e standard amount given now is )
1,&,,,$,,& with or without evidence of any moral damage$
An accused may 'e convicted of rape on the sole testimony of the offended woman. "t does not
re@'ire t at testimony e corro orated efore a con$iction may stand. T is is partic'larly tr'e if t e
commission of t e rape is s'c t at t e narration of t e offended #oman #o'ld lead to no
ot er concl'sion e cept t at t e rape #as committed.
"ll'stration
Da' ter acc'ses er o#n fat er of a$in raped er.
Alle ation of se$eral acc'sed t at t e #oman consented to t eir se 'al interco'rse #it er is a proposition
# ic is re$oltin to reason t at a #oman #o'ld allo# more t an one man to a$e se 'al interco'rse #it er
in t e presence of t e ot ers.
"t as also een r'led t at rape can e committed in a standin position eca'se complete penetration is not necessary.
consummate the rape$
>n t e ot er and as long as there is an intent to effect sexual cohesion& although unsuccessful& the crime
'ecomes attempted rape$ 9owever& if that intention is not proven& the offender can only 'e convicted of
acts of lasciviousness$
The main distinction 'etween the crime of attempted rape and acts of lasciviousness is the intent to lie with the offended
woman$
"n a case # ere t e acc'sed /'mpe d 'pon a #oman and t re# er to t e ro'nd alt o' t e acc'sed raised er
sHirts t e acc's ed did not maHe any effort to remo$e er 'nder#ear. "nstead e remo$ed is o#n
'nder#ear and placed imself on top of t e #oman and started performin se 'al mo$ements. T
ereafter # en e #as finis ed e stood 'p and left . T e crime committed is only acts of lasci$io'sness
and not attempted rape. T e fact t at e did not remo$e t e 'nder#ear of t e $ictim indicates t at e
does not a$e a real intention to effect a penetration. "t #as only to satisfy a le#d desi n.
The ne$ la$# .!. &353# added ne$ circumstance ? that is# when carnal "nowledge was had by
means of fraudulent machinations or grave abuse of authority. 9t $ould seem that if a $oman of ma
ority age had se ual intercourse $ith a man through the latterDs scheme of pretending to marry her
$hich is the condition upon $hich the $oman agreed to ha+e se $ith him# manipulating a sham
marriage# the man $ould be guilty of ape under this ection. o also# a
1%1
prostitute $ho $illingly had se ual congress $ith a man upon the latterDs assurance that she $ould
be paid handsomely# may be guilty of ape if later on he refuses to pay the said amount.
person in authority $ho maneu+ered a scheme $here a $oman landed in ail# and $ho
upon promise of being released after ha+ing se $ith the officer# $illingly consented to the se ual
act# may also be found guilty of ape under this ne$ section.
n 0ape cases, co#rt m#st alwa!s be g#ided b! the following principles7
!n accusation of rape can be made $ith facility it is difficult to pro+e# but more difficult for the
person accused# though innocent# to dispro+e
9n +ie$ of the intrinsic nature of the crime $here only t$o persons are usually in+ol+ed# the
testimony of the complainant must be scrutini*ed $ith e treme caution and
The e+idence for the prosecution must stand or fall on its o$n merits# and cannot be allo$ed to
dra$ strength from the $eakness of the e+idence for the defense. &People vs. 0icafort)

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1

Elements and Notes in Criminal Law Book II by RENE CALLANTA

Crimes against national security

Crimes against the law o nations

0 "ncitin to #ar or i$in moti$es for reprisals (Art. 11%);

1 &iolation of ne'trality (Art. 11 );

2 Correspondin #it ostile co'ntry (Art. 12*);

3 +li t to enemy,s co'ntry (Art. 121); and

4 -iracy in eneral and m'tiny on t e i seas (Art. 122).

1 That there is a war in which the Philippines is involved

2 That the offender either –

0 Levies war against the government,

1 Adheres to the enemies, giving them aid and comfort

Re$uirements o le%ying war

1 To e ec'te a treasona le desi n y force;

2 "ntent is to deli$er t e co'ntry in # ole or in part to t e enemy; and

3 Colla oration #it forei n enemy or some forei n so$erei n

0 Ways of proving treason:

a. 2 witnesses testifying to same overt act

0.0 Confession of the accused in open court&

0.1 D'rin trial simply sayin "Fm 'iltyG is not eno' .

1 Treason: reac of alle iance to t e o$ernment committed y a person # o o#es

3 Treason cannot e committed in times of peace only in times of war B act'al

0.0 er$in in a p'ppet o$ernment (ministerial f'nctions) and in order to ser$e t e

0.1 -'rpose of offender to deli$er t e - ilippines to enemy co'ntry; if merely to c

. >nly +ilipino citiIens or permanent resident aliens can e eld lia le

0 Act'al ostilities may determine t e date of t e commencement of #ar

1 =o s'c t in as attempted treason; mere attempt cons'mmates t e crime

2 iving aid or comfort B material element en ances forces of t e enemy co'ntry.

Acts # ic stren t en or tend to stren t en t e enemy in t e cond'ct of #ar a ainst t e

0 Adherence and giving aid or comfort must concur together.

1 Adherence: # en a citiIen intellect'ally or emotionally fa$ors t e enemy and

Treason is a continuing offense. It can be committed by a single act or by a series of

ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ∀ĠᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ鄀ĀĀ1024 "f yo' con$ict a

Defenses that may be availed of by the accused.

ᜀ "uress or uncontrollable fear of immediate death# and $.

%awful obedience to a de facto government.

0 : en Hillin s and ot er common crimes are c ar ed as o$ert act of treason t ey

Treason distinguished from Rebellion.

Treason distinguished from Sedition.

1 2 or more persons come to an agreement to

0 lev! war against the government, or

1 adhere to the enemies and to give them aid or comfort,

2 The! decide to commit it

1 "#"$"NT% O& '(O'O%A# TO CO$$)T T("A%ON

2 Mere a reement and decisions to commit treason is p'nis a le

0 >ffender is p'nis ed as an accessory to t e crime of treason

23 T is crime does not apply if t e crime of treason is already committed

5888 To report within a reasona'le timeG B depends on time place and

5889 -C states 4 indi$id'als # at if yo' report to some ot er i ranHin o$ernment official<

1 That his p#rpose is to obtain information, plans, photographs or othe r data of a

Es,ionage -y /isclosing to the re,resentati%e o a oreign nation the contents o

2 That he discloses their contents to a representative of a foreign nation

0 "spionage: t e offense of at erin transmittin or losin information respectin

1 =ot necessary t at - ilippines is at #ar #it t e co'ntry to # ic t e information #as

2 %iretapping is NOT espionage if t e p'rpose is not somet in connected #it t e defense

0 8nla#f'lly o tainin or permittin to e o tained information affectin national defense;

1 8nla#f'l disclosin of information affectin national defense;

2 Disloyal acts or #ords in times of peace;

3 Disloyal acts or #ords in times of #ar;

4 Conspiracy to $iolate precedin sections;

5 0ar orin or concealin $iolators of la#. and

23 - oto rap in $ital military information

CRIMES AGAINST LA1S O* NATIONS

CRIMES AGAINST T8E UN7AMENTAL LA1S O T8E STATE