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BOOK TWO

CRIMES AND PENALTIES

Title One

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF


NATIONS

Chapter One

CRIMES AGAINST NATIONAL SECURITY

Section One. — Treason and espionage

Art. 114. Treason.

Jurisprudence:

1. People vs. Pedro Villanueva, 92 Phil. 637 (1953) and 104 Phil.
450 (1958)
2. People vs. Delgado, 83 Phil. 9 (1949)
3. Crisologo vs. People, 94 Phil. 477 (1954)

Art. 115. Conspiracy and proposal to commit treason

Jurisprudence:

1. US vs. Francisco Bautista, 6 Phil. 581 (1906)


2. US vs. Cabola, 16 Phil. 657 (1910) (as cited in the book of
Aquino, p. 39, 2008 edition)

Art. 116. Misprision of treason.

Art. 117. Espionage.

Section Two. — Provoking war and disloyalty in case of war

Art. 118. Inciting to war or giving motives for reprisals.

Art. 119. Violation of neutrality.

Art. 120. Correspondence with hostile country.

Art. 121. Flight to enemy country.


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Section Three. — Piracy and mutiny on the high seas

Art. 122. Piracy in general and mutiny on the high seas.

Art. 123. Qualified piracy.

Jurisprudence:

1. People vs. Tulin, 364 SCRA 11 (2001)


2. People vs. Lol-lo, 43 Phil. 19 (1922)

Title Two

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Chapter One

ARBITRARY DETENTION OR EXPULSION, VIOLATION


OF DWELLING, PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES
AGAINST RELIGIOUS WORSHIP

Section One. — Arbitrary detention and expulsion

Art. 124. Arbitrary detention.

Jurisprudence:

1. Astorga vs. People, 459 Phil. 140, 151 (2003).


2. Astorga vs. People, 437 SCRA 152 (2004) (resolution on the
MR).

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


proper judicial authorities.

Jurisprudence:

1. Soria vs. Desierto, 450 SCRA 339 (2005)


2. Agbay vs. Deputy Ombudsman for the Military, 309 SCRA 726
(1999)
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Art. 126. Delaying release.

Art. 127. Expulsion.

Section Two. — Violation of domicile

Art. 128. Violation of domicile.

Art. 129. Search warrants maliciously obtained and abuse in


the service of those legally obtained.

Art. 130. Searching domicile without witnesses.

Jurisprudence:

1. Moncado vs. People, 80 Phil. 1 (1948)

2. Galvante vs. Casimiro, 552 SCRA 304 (2008)

Section Three.

Prohibition, interruption and dissolution of peaceful meetings

Art. 131. Prohibition, interruption and dissolution of peaceful


meetings.

Jurisprudence:

1. Evangelista vs. Earnshaw, 57 Phil. 255 (1932)

2. Gonzales vs. COMELEC, 27 SCRA 835 (1969)

Section Four. — Crimes against religious worship

Art. 132. Interruption of religious worship.

Art. 133. Offending the religious feelings.


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Title Three

CRIMES AGAINST PUBLIC ORDER

Chapter One

REBELLION, SEDITION AND DISLOYALTY

Art. 134. Rebellion or insurrection (As amended by R.A. 6968).

Article 134-A. Coup d'etat (As amended by R.A. 6968).

Art. 135. Penalty for rebellion, insurrection or coup d'etat.

Art. 136. Conspiracy and proposal to commit coup d'etat,


rebellion or insurrection.

Jurisprudence:

1. People vs. Hernandez, 99 Phil. 515 (1956)

2. Umil vs. Ramos, 202 SCRA 251 (1991)

3. Enrile vs. Salazar, 186 SCRA 217 (1990)

Art. 137. Disloyalty of public officers or employees.

Art. 138. Inciting a rebellion or insurrection. (Reinstated by E.O.


No. 187).

Art. 139. Sedition

Art. 140. Penalty for sedition.

Jurisprudence:

1. People vs. Camerino, 108 Phil. 79 (1960)

2. League vs. People, 73 Phil. 155 (1941)

Art. 141. Conspiracy to commit sedition. (Reinstated by E.O. No.


187).

Jurisprudence:

1. US vs. Planas, 21 Phil. 90 (1911)


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Art. 142. Inciting to sedition. (Reinstated by E.O. No. 187).

Jurisprudence:

1. Espuelas vs. People, 90 Phil. 524 (1951)

Chapter Two

CRIMES AGAINST POPULAR REPRESENTATION

Section One. — Crimes against legislative bodies and similar bodies

Art. 143. Act tending to prevent the meeting of the Assembly


and similar bodies. (Reinstated by E.O. No. 187)

Jurisprudence:

1. People vs. Alipit, 44 Phil. 910 (1922)

Art. 144. Disturbance of proceedings (Reinstated by E.O. No. 187)

Section Two. — Violation of parliamentary immunity

Art. 145. Violation of parliamentary immunity.

Chapter Three

ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Art. 146. Illegal assemblies. (Reinstated by E.O. No. 187)

Art. 147. Illegal associations. (Reinstated by E.O. No. 187).


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Chapter Four

ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE

TO, PERSONS IN AUTHORITY AND THEIR AGENTS

Art. 148. Direct assaults.

Jurisprudence:

1. Rivera vs. People, 462 SCRA 350 (2005)

2. People vs. Recto, 367 SCRA 390 (2001)

Art. 149. Indirect assaults.

Art. 150. Disobedience to summons issued by the National


Assembly, its committees or subcommittees, by the
Constitutional Commissions, its committees, subcommittees or
divisions.

Art. 151. Resistance and disobedience to a person in authority


or the agents of such person.

Jurisprudence:

1. Vytiangco vs. Court of Appeals, 19 SCRA 744 (1967)

Art. 152. Persons in authority and agents of persons in


authority; Who shall be deemed as such.

Chapter Five

PUBLIC DISORDERS

Art. 153. Tumults and other disturbance of public orders;


Tumultuous disturbance or interruption liable to cause
disturbance.

Art. 154. Unlawful use of means of publication and unlawful


utterances.

Art. 155. Alarms and scandals.


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Art. 156. Delivery of prisoners from jails.

Chapter Six

EVASION OF SERVICE OF SENTENCE

Art. 157. Evasion of service of sentence.

Art. 158. Evasion of service of sentence on the occasion of


disorder, conflagrations, earthquakes, or other calamities.

Art. 159. Other cases of evasion of service of sentence.

Chapter Seven

COMMISSION OF ANOTHER CRIME DURING SERVICE OF


PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE

Art. 160. Commission of another crime during service of


penalty imposed for another offense; Penalty.

Jurisprudence:

1. People vs. Baldogo, 396 SCRA 31 (2003)

Title Four
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CRIMES AGAINST PUBLIC INTEREST

Chapter One

FORGERIES

Section One. — Forging the seal of the Government of the Philippine


Islands, the signature or stamp of the Chief Executive

Art. 161. Counterfeiting the great seal of the Government of


the Philippine Islands, forging the signature or stamp of the
Chief Executive.

Art. 162. Using forged signature or counterfeit seal or stamp.

Section Two. — Counterfeiting Coins

Art. 163. Making and importing and uttering false coins.

Art. 164. Mutilation of coins; Importation and utterance of


mutilated coins.

Art. 165. Selling of false or mutilated coin, without connivance

Section Three. - Forging treasury or bank notes, obligations and


securities; importing and uttering false or forged notes, obligations
and securities.

Art. 166. Forging treasury or bank notes on other documents


payable to bearer; importing, and uttering such false or forged
notes and documents.

Art. 167. Counterfeiting, importing and uttering instruments


not payable to bearer.

Art. 168. Illegal possession and use of false treasury or bank


notes and other instruments of credit.
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Jurisprudence:

1. Tecson vs. Court of Appeals, 370 SCRA 181 (2001)

Art. 169. How forgery is committed.

Section Four. — Falsification of legislative, public, commercial, and


private documents, and wireless, telegraph, and telephone message

Art. 170. Falsification of legislative documents.

Art. 171. Falsification by public officer, employee or notary or


ecclesiastic minister.

1. Counterfeiting or imitating any handwriting, signature or


rubric;

Jurisprudence:

- Pacasum vs. People, 585 SCRA 616 (2009)

2. Causing it to appear that persons have participated in any


act or proceeding when they did not in fact so participate;

Jurisprudence:

- Domingo vs. People, 603 SCRA 488 (2009)

3. Attributing to persons who have participated in an act or


proceeding statements other than those in fact made by them;

Jurisprudence:

- Mendoza-Arce vs. Office of the Ombudsman (Visayas), 380 SCRA


325 (2002)

4. Making untruthful statements in a narration of facts;

Jurisprudence:

-Mangangey vs. Sandiganbayan, 546 SCRA 57 (2008)

5. Altering true dates;

Jurisprudence:
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- People vs. Pantaleon, 581 SCRA 140 (2009)

6. Making any alteration or intercalation in a genuine


document which changes its meaning;

Jurisprudence:

- Garcia vs. Court of Appeals, 477 SCRA 427 (2005)

7. Issuing in an authenticated form a document purporting to


be a copy of an original document when no such original exists,
or including in such a copy a statement contrary to, or
different from, that of the genuine original; or

Jurisprudence:

- Regidor vs. People, 579 SCRA 244 (2009)

8. Intercalating any instrument or note relative to the issuance


thereof in a protocol, registry, or official book.

Art. 172. Falsification by private individual and use of falsified


documents.

Jurisprudence:

1. Batullanon vs. People, 506 SCRA 35 (2006)

2. Guillergan vs. People, 641 SCRA 571 (2011)

Art. 173. Falsification of wireless, cable, telegraph and


telephone messages, and use of said falsified messages.

Section Five. — Falsification of medical certificates, certificates of


merit or services and the like.

Art. 174. False medical certificates, false certificates of merits


or service, etc.

Jurisprudence:

1. Espańol vs. Toledo-Mupas, 612 SCRA 211 (2010)

Art. 175. Using false certificates.


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Section Six. — Manufacturing, importing and possession of


instruments or implements intended for the commission of
falsification.

Art. 176. Manufacturing and possession of instruments or


implements for falsification.

Jurisprudence:

1. People vs. Go, 411 SCRA 81 (2003)

Chapter Two

OTHER FALSIFICATIONS

Sec. One. — Usurpation of authority, rank, title, and improper use


of names, uniforms and insignia.

Art. 177. Usurpation of authority or official functions.

Art. 178. Using fictitious name and concealing true name.

Jurisprudence:

1. People vs. Estrada, 583 SCRA 302 (2009) re the application of


CA No. 142, the law on illegal use of alias.

Art. 179. Illegal use of uniforms or insignia.

Section Two. — False testimony

Art. 180. False testimony against a defendant.

Art. 181. False testimony favorable to the defendants

Art. 182. False testimony in civil cases.

Art. 183. False testimony in other cases and perjury in solemn


affirmation.

Jurisprudence:
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1. Union Bank of the Phil. vs. People, 667 SCRA 119 (2012)

Art. 184. Offering false testimony in evidence.

Chapter Three

FRAUDS

Section One. — Machinations, monopolies and combinations

Art. 185. Machinations in public auctions.

Art. 186. Monopolies and combinations in restraint of trade.

Jurisprudence:

1. Gokongwei vs. SEC, 89 SCRA 336 (1979)

2. Tatad vs. Secretary of Energy, 281 SCRA 330 (1997)

3. Estrada vs. Sandiganbayan, 369 SCRA 399 (2001)

Read: R.A. No. 7581 (“The Price Act of May 27, 1992”)

Section Two. — Frauds in commerce and industry

Art. 187. Importation and disposition of falsely marked articles


or merchandise made of gold, silver, or other precious metals
or their alloys.

Art. 188. Subsisting and altering trade-mark, trade-names, or


service marks and Art. 189. Unfair competition, fraudulent
registration of trade-mark, trade-name or service mark,
fraudulent designation of origin, and false description; they
have been repealed by R.A. No. 8293 (The Intellectual Property
Code)

Jurisprudence:
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1. Etepha vs. Director of Patents, 16 SCRA 492 (1966)

2. Societe Des Produits Nestle, S.A. vs. Court of Appeals, 356


SCRA 207 (2001)

3. Emerald Garment Manufacturing Corporation vs. Court of


Appeals, 251 SCRA 600 (1995)

4. Co Tiong Sa vs. Director of Patents, 95 Phil. 1 (1954)

5. U.S. vs. Manuel, 7 Phil. 221 (1906)

6. Del Monte Corp. vs. Court of Appeals, 181 SCRA 410 (1990)

7. People vs. Gaspar, 653 SCRA 623 (2011)

8. People vs. Guina, 600 SCRA 310 (2009)

9. People vs. Mariano, 685 SCRA 592 (2012)

10. Ambre vs. People, 628 SCRA 553 (2012)

11. Padua vs. People, 559 SCRA 519 (2008)

12. Philippine Drug Enforcement Agency vs. Brodett, 658 SCRA


339 (2011)

13. People vs. Almodiel, 680 SCRA 386 (2012)

Title Five
CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

[Art. 190. Possession, preparation and use of prohibited drugs and


maintenance of opium dens.]

[Art. 191. Keeper, watchman and visitor of opium den.]

[Art. 192. Importation and sale of prohibited drugs.]

[Art. 193. Illegal possession of opium pipe or other paraphernalia


for the use of any prohibited drug]

[Art. 194. Prescribing opium unnecessary for a patient]


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N.B.

Please see R.A. No. 9165, otherwise known as the


“Comprehensive Dangerous Drugs Act of 2002.

Jurisprudence:

1. People vs. Guiara, 600 SCRA 310 (2009)

2. David vs. People, 659 SCRA 150 (2011)

3. People vs. Concepcion, 556 SCRA 421 (2008)

4. People vs. Laba, 689 SCRA 367 (2013)

5. San Juan vs. People, 649 SCRA 300 (2011)

6. People vs. Fermin, 655 SCRA 92 (2011)

7. People vs. Legaspi, 661 SCRA 17(2011)

Title Six

CRIMES AGAINST PUBLIC MORALS

Chapter One
GAMBLING AND BETTING

Art. 195. What acts are punishable in gambling.

Art. 196. Importation, sale and possession of lottery tickets or


advertisements.

Art. 197. Betting in sports contests.

Art. 198. Illegal betting on horse race.

Art. 199. Illegal cockfighting.

Please refer to PRESIDENTIAL DECREE NO. 1602 SIMPLIFYING


AND PROVIDING STIFFER PENALTIES FOR VIOLATIONS OF
PHILIPPINE GAMBLING LAWS.

Chapter Two
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OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

Art. 200. Grave scandal.

Art. 201. Immoral doctrines, obscene publications and


exhibitions and indecent shows. (As amended by PD Nos. 960
and 969).

Jurisprudence:

1. Fernando vs. Court of Appeals, 510 SCRA 351 (2006)

2. Soriano vs. Laguardia, 587 SCRA 79 (2009) re indecent


utterances in a TV show.

Art. 202. Vagrants and prostitutes; penalty.

N.B.

- Article 202 of the Revised Penal Code was amended by REPUBLIC


ACT NO. 10158, entitled “AN ACT DECRIMINALIZING VAGRANCY,
AMENDING FOR THIS PURPOSE ARTICLE 202 OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE,”
which was signed by President Benigno S. Aquino III on March 27,
2012.1 Thus, Article 202 of the Revised Penal Code now reads:

Article 202. Prostitutes; Penalty. – For the purposes of


this article, women who, for money or profit, habitually
indulge in sexual intercourse or lascivious conduct, are
deemed to be prostitutes.

Any person found guilty of any of the offenses covered by


this article shall be punished by arresto menor or a fine
not exceeding 200 pesos, and in case of recidivism,
by arresto mayor in its medium period to prision
correctional in its minimum period or a fine ranging from
200 to 2,000 pesos, or both, in the discretion of the
court.

1
http://www.gov.ph/2012/03/27/republic-act-no-10158/
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Read: R.A. No. 9208 (“Anti-Trafficking in Persons Act of 2013”)

Title Seven

CRIMES COMMITTED BY PUBLIC OFFICERS

Chapter One

PRELIMINARY PROVISIONS

Art. 203. Who are public officers.

Chapter Two

MALFEASANCE AND MISFEASANCE IN OFFICE

Section One. — Dereliction of duty

Art. 204. Knowingly rendering unjust judgment.

Jurisprudence:

1. Cortes vs. Sandiganbayan, 422 SCRA 541 (2004)

Art. 205. Judgment rendered through negligence.

Art. 206. Unjust interlocutory order.

Jurisprudence:

1. Layola vs. Gabo, 323 SCRA 348 (2000)

2. Gallardo vs. People, 456 SCRA 494 (2005)

Art. 207. Malicious delay in the administration of justice.

Jurisprudence:
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1. Soriano vs. Marcelo, 577 SCRA 312 (2009)

Art. 208. Prosecution of offenses; negligence and tolerance.

Art. 209. Betrayal of trust by an attorney or solicitor.

Section Two. — Bribery

Art. 210. Direct bribery. (As amended by Batas Pambansa Blg.


872, June 10, 1985).

Jurisprudence:

1. Merencillo vs. People, 521 SCRA 31 (2001)

2. Marifosque vs. People, 435 SCRA 332 (2004)

3. Balderama vs. People, 542 SCRA 423 (2008)

Art. 211. Indirect bribery.

Jurisprudence:

1. Garcia vs. Sandiganbayan, 507 SCRA 258 (2006)

Art. 211-A. Qualified Bribery

Art. 212. Corruption of public officials.

Jurisprudence:

1. Go vs. Fifth Division, Sandiganbayan, 521 SCRA 270 (2007)

2. Pozar vs. Court of Appeals, 132 SCRA 729 (1984)

Chapter Three

FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

Read: R.A. No. 7080 (“The Plunder Law”)

Jurisprudence:

1. Estrada vs. Sandiganbayan, 377 SCRA 538 (2002)


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Read: R.A. No. 3019 (“The Anti-Graft and Corrupt Practices


Act”)

Jurisprudence:

1. Baylon vs. Ombudsman, et al., 372 SCRA 437 (2001)

2. Catacutan vs. People, 656 SCRA 524 (2011)

3. Dugayon vs. People, 436 SCRA 262 (2004)

4. Soriano vs. Marcelo, 577 SCRA 312 (2009)

5. Sison vs. People, 614 SCRA 670 (2010)

6. Cruz vs. Sandiganbayan, 467 SCRA 52 (2005)

7. Salvacion vs. Sandiganbayan, 572 SCRA 163 (2008)

8. People vs. Dumlao, 580 SCRA 409 (2009)

9. Morales vs. People, 385 SCRA 259 (2002)

10. Nava vs. Palattao, 499 SCRA 745 (2006)

11. Duterte vs. Sandiganbayan, 289 SCRA 721 (1998)

12. Teves vs. Sandiganbayan, 447 SCRA 309 (2004)

Art. 213. Frauds against the public treasury and similar


offenses.

Art. 214. Other frauds.

Art. 215. Prohibited transactions.

Art. 216. Possession of prohibited interest by a public officer.

Chapter Four

MALVERSATION OF PUBLIC FUNDS OR PROPERTY


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Art. 217. Malversation of public funds or property; Presumption


of malversation. (As amended by RA 1060).

Jurisprudence:

1. Barriga vs. Sandiganbayan, 457 SCRA 301 (2005)

2. Quińon vs. People, 389 SCRA 412 (2002)

3. People vs. Hipol, 407 SCRA 179 (2003)

4. Icdang vs. Sandiganbayan, 664 SCRA 253 (2012)

5. Alejo vs. People, 550 SCRA 326 (2008)

6. Morong Water District vs. Office of the Deputy Ombudsman,


328 SCRA 363 (2000)

Art. 218. Failure of accountable officer to render accounts.

Jurisprudence:

1. Santos vs. People, G.R. No. 199935, April 8, 2013

2. Campomanes vs. People, 511 SCRA 385 (2006)

3. Manlangit vs. Sandiganbayan, 531 SCRA 420 (2007)

Art. 219. Failure of a responsible public officer to render


accounts before leaving the country.

Art. 220. Illegal use of public funds or property.

Jurisprudence:

1. Abdulla vs. People, 455 SCRA 78 (2005)

2. Bartiga vs. Sandiganbayan 457 SCRA 301 (2005)

Art. 221. Failure to make delivery of public funds or property

Art. 222. Officers included in the preceding provisions.

Jurisprudence:
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1. Azarcon vs. Sandiganbayan, 268 SCRA 747 (1997)

2. Go vs. Sandiganbayan, 532 SCRA 130 (2007)

Chapter Five

INFIDELITY OF PUBLIC OFFICERS

Section One. — Infidelity in the custody of prisoners

Art. 223. Conniving with or consenting to evasion.

Jurisprudence:

1. Alberto vs. De la Cruz, 98 SCRA 406 (1980)

Art. 224. Evasion through negligence.

Jurisprudence:

1. Rodillas vs. Sandiganbayan, 161 SCRA 347 (1988)

Art. 225. Escape of prisoner under the custody of a person not


a public officer.

Section Two. — Infidelity in the custody of document

Art. 226. Removal, concealment or destruction of documents.

Art. 227. Officer breaking seal.

Art. 228. Opening of closed documents.

Section Three. — Revelation of secrets

Art. 229. Revelation of secrets by an officer.

Art. 230. Public officer revealing secrets of private individual

Chapter Six
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OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Art. 231. Open disobedience.

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


order was suspended by inferior officer.

Art. 233. Refusal of assistance.

Art. 234. Refusal to discharge elective office.

Art. 235. Maltreatment of prisoners.

Jurisprudence:

1. People vs. Galit, 135 SCRA 465 (1985)

Read: R.A. No. 9745 (“Anti-Torture Act of 2009”)

Section Two. — Anticipation, prolongation and abandonment of the


duties and powers of public office.

Art. 236. Anticipation of duties of a public office.

Art. 237. Prolonging performance of duties and powers.

Art. 238. Abandonment of office or position.

Jurisprudence:

1. Republic vs. Singun, 548 SCRA 361 (2008)

2. Sangguniang Bayan vs. Court of Appeals, 284 SCRA 276


(1998)

Section Three. — Usurpation of powers and unlawful appointments

Art. 239. Usurpation of legislative powers.


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Art. 240. Usurpation of executive functions.

Art. 241. Usurpation of judicial functions.

Jurisprudence:

1. Reyes vs. People, 626 SCRA 782 (2010)

2. Gonzalo vs. Mejia, 435 SCRA 349 (2004)

Art. 242. Disobeying request for disqualification.

Art. 243. Orders or requests by executive officers to any


judicial authority.

Art. 244. Unlawful appointments.

Jurisprudence:

1. People vs. Sandiganbayan, 355 SCRA 449 (2008)

Section Four. — Abuses against chastity

Art. 245. Abuses against chastity; Penalties.

Title Eight

CRIMES AGAINST PERSONS

Chapter One

DESTRUCTION OF LIFE

Section One. — Parricide, murder, homicide

Art. 246. Parricide.

Jurisprudence:
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1. People vs. Calonge, 623 SCRA 445 (2010)

2. People vs. Sales, 658 SCRA 367 (2011)

Art. 247. Death or physical injuries inflicted under exceptional


circumstances.

Jurisprudence:

1. People vs. Abarca, 153 SCRA 735 (1987)

2. People vs. Oyanib, 354 SCRA 196 (2001)

3. People vs. Puedan, 388 SCRA 266 (2002)

Art. 248. Murder.

Jurisprudence:

1. People vs. Lagman, 669 SCRA 512 (2012)

2. People vs. Fuertes, 325 SCRA 382 (2000)

3. People vs. Magalona, 406 SCRA 546 (2003)

4. People vs. Bonito, 342 SCRA 405 (2000)

5. People vs. Whisenhunt, 368 SCRA 586 (2001) (accused was


released from prison on December 27, 2012 and was deported
to the US in March 2013.)2

Art. 249. Homicide.

Jurisprudence:

1. People vs. Valdez, 663 SCRA 272 (2012)

2. Villamor vs. People, 605 SCRA 616 (2009)

Art. 250. Penalty for frustrated parricide, murder or homicide.

Jurisprudence:

1. Colinares vs. People, 662 SCRA 266 (2011)


2
http://globalnation.inquirer.net/68453/chop-chop-lady-killer-whisenhunt-deported
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Art. 251. Death caused in a tumultuous affray.

Jurisprudence:

1. People vs. Unlagada, 389 SCRA 224 (2002)

2. People vs. Julianda, 370 SCRA 448 (2001)

Art. 252. Physical injuries inflicted in a tumultuous affray.

Art. 253. Giving assistance to suicide.

Art. 254. Discharge of firearms.

Jurisprudence:

1. Dado vs. People, 392 SCRA 46 (2002)

Section Two. — Infanticide and abortion

Art. 255. Infanticide.

Art. 256. Intentional abortion.

Art. 257. Unintentional abortion.

Jurisprudence:

1. People vs. Paycana, 551 SCRA 657 (2008)

Art. 258. Abortion practiced by the woman herself of by her


parents.

Art. 259. Abortion practiced by a physician or midwife and


dispensing of abortives.

Section Three. — Duel

Art. 260. Responsibility of participants in a duel.

Art. 261. Challenging to a duel.

Chapter Two
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PHYSICAL INJURIES

Art. 262. Mutilation.

Jurisprudence:

1. Aguirre vs. Secretary of the DOJ, 547 SCRA 431 (2008)

Art. 263. Serious physical injuries.

Jurisprudence:

1. Pilares vs. People, 518 SCRA 143 (2007)

Art. 264. Administering injurious substances or beverages.

Art. 265. Less serious physical injuries.

Jurisprudence:

1. People vs. Gutierrez, 389 SCRA 268 (2002)

Art. 266. Slight physical injuries and maltreatment.

Jurisprudence:

1. People vs. Mapalo, 514 SCRA 689 (2007)

2. Li vs. People, 427 SCRA 217 (2004)

CHAPTER THREE

RAPE

Article 266-A. Rape: When And How Committed. - Rape is


committed:

Jurisprudence:

1. People vs. Diaz, June 13, 2013


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2. People vs. Lupac, 681 SCRA 390 (2012)

3. Ordinario vs. People, 428 SCRA 773 (2004)

4. People vs. Nequia, 412 SCRA 628 (2003)

Article 266-B. Penalty.

Article 266-C. Effect of Pardon.

Article 266-D. Presumptions.

Title Nine

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Chapter One

CRIMES AGAINST LIBERTY

Art. 267. Kidnapping and serious illegal detention.

Jurisprudence:

1. Madsali vs. People, 611 SCRA 596 (2010)

2. People vs. Paingin, 417 SCRA 95 (2003)

3. People vs. Nuguid, 420 SCRA 533 (2004)

Art. 268. Slight illegal detention.

Jurisprudence:
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1. People vs. Pagalasan, 404 SCRA 275 (2003)

Art. 269. Unlawful arrest.

Section Two. — Kidnapping of minors

Art. 270. Kidnapping and failure to return a minor.

Jurisprudence:

1. People vs. Pastrana, 387 SCRA 342 (2002)

Art. 271. Inducing a minor to abandon his home.

Art. 272. Slavery.

Art. 273. Exploitation of child labor.

Art. 274. Services rendered under compulsion in payment of


debt

Chapter Two

CRIMES AGAINST SECURITY

Section One. — Abandonment of helpless persons and exploitation


of minors.

Art. 275. Abandonment of person in danger and abandonment


of one's own victim.

Jurisprudence:

1. Gaid vs. People, 584 SCRA 489 (2009)

Art. 276. Abandoning a minor.

Art. 277. Abandonment of minor by person entrusted with his


custody; indifference of parents.

Art. 278. Exploitation of minors.


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Art. 279. Additional penalties for other offenses.

Section Two. — Trespass to dwelling

Art. 280. Qualified trespass to dwelling.

Jurisprudence:

1. Marzalado vs. People, 441 SCRA 595 (2004)

Art. 281. Other forms of trespass.

Section Three. — Threats and coercion

Art. 282. Grave threats.

Jurisprudence:

1. Caluag vs. People, 580 SCRA 575 (2009)

2. Paera vs. People, 649 SCRA 384 (2011)

Art. 283. Light threats.

Art. 284. Bond for good behavior.

Art. 285. Other light threats.

Art. 286. Grave coercions.

Jurisprudence:

1. Consulta vs. People, 578 SCRA 648 (2009)

2. People vs. Lilo, 396 SCRA 674 (2003)

Art. 287. Light coercions.

Jurisprudence:

1. People vs. Sumingwa, 603 SCRA 638 (2009)

2. Maderazo vs. People, 503 SCRA 234 (2006)


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Art. 288. Other similar coercions; (Compulsory purchase of


merchandise and payment of wages by means of tokens.)

Art. 289. Formation, maintenance and prohibition of


combination of capital or labor through violence or threats.

Chapter Three

DISCOVERY AND REVELATION OF SECRETS

Art. 290. Discovering secrets through seizure of


correspondence.

Art. 291. Revealing secrets with abuse of office.

Art. 292. Revelation of industrial secrets.

Title Ten

CRIMES AGAINST PROPERTY

Chapter One

ROBBERY IN GENERAL

Art. 293. Who are guilty of robbery.

Section One. — Robbery with violence or intimidation of persons.

Art. 294. Robbery with violence against or intimidation of


persons; Penalties.

Jurisprudence:

1. People vs. Dela Cruz, 575 SCRA 412 (2008)

2. People vs. De Leon, 591 SCRA 178 (2009)


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3. People vs. Sultan, 331 SCRA 216 (2000)

Art. 295. Robbery with physical injuries, committed in an


uninhabited place and by a band, or with the use of firearm on
a street, road or alley.

Jurisprudence:

1. People vs. Basao, 683 SCRA 529 (2000)

Art. 296. Definition of a band and penalty incurred by the


members thereof.

Art. 297. Attempted and frustrated robbery committed under


certain circumstances.

Jurisprudence:

1. People vs. Macabales, 347 SCRA 429 (2000)

Art. 298. Execution of deeds by means of violence or


intimidation.

Section Two. — Robbery by the use of force upon things

Art. 299. Robbery in an inhabited house or public building or


edifice devoted to worship.

Jurisprudence:

1. Ilusorio vs. Ilusorio, 540 SCRA 182 (2007)

Art. 300. Robbery in an uninhabited place and by a band.

Art. 301. What is an inhabited house, public building or


building dedicated to religious worship and their dependencies.

Art. 302. Robbery is an uninhabited place or in a private


building.

Jurisprudence:

1. Marquez vs. People, December 3, 2012


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Art. 303. Robbery of cereals, fruits, or firewood in an


uninhabited place or private building.

Art. 304. Possession of picklocks or similar tools.

Art. 305. False keys.

Chapter Two
BRIGANDAGE

Art. 306. Who are brigands; Penalty.

Jurisprudence:

1. People vs. Agomo-o, 334 SCRA 279 (2000)

Art. 307. Aiding and abetting a band of brigands.

Chapter Three

THEFT

Art. 308. Who are liable for theft.

Art. 309. Penalties.

Jurisprudence:

1. Briones vs. People, 588 SCRA 362 (2009)

2. Laurel vs. Abrogar, 576 SCRA 41 (2009)

Art. 310. Qualified theft.

Jurisprudence:

1. Galang-Roque vs. People, 444 SCRA 98 (2004)

2. People vs. Bago, 330 SCRA 115 (2000)


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3. People vs. Tanchanco, 670 SCRA 130 (2012)

Art. 311. Theft of the property of the National Library and


National Museum.

Chapter Four

USURPATION

Art. 312. Occupation of real property or usurpation of real


rights in property.

Jurisprudence:

1. Quinao vs. People, 335 SCRA 741 (2000)

Art. 313. Altering boundaries or landmarks.

Chapter Five

CULPABLE INSOLVENCY

Art. 314. Fraudulent insolvency.

Chapter Six

SWINDLING AND OTHER DECEITS

Art. 315. Swindling (estafa).

1. With unfaithfulness or abuse of confidence, namely:

xxx

(b)

Jurisprudence:

1. Ocampo-Paule vs. Court of Appeals, 376 SCRA 83 (2002)


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2. Nepomuceno vs. People, 583 SCRA 344 (2008)

(c)

Jurisprudence:

1. Ang vs. Lucero, 449 SCRA 157 (2005)

2. By means of any of the following false pretenses or


fraudulent acts executed prior to or simultaneously with the
commission of the fraud:

(a)

Jurisprudence:

1. People vs. Olermo, 406 SCRA 412 (2003)

xxx

(d)

Jurisprudence:

1. Pacheco vs. Court of Appeals, 319 SCRA 595 (1999)

2. People vs. Montaner, 656 SCRA 645 (2011)

(e)

Jurisprudence:

1. Veloso vs. People, 542 SCRA 53 (2008)

3. Through any of the following fraudulent means:

Art. 316. Other forms of swindling.

Jurisprudence:

1. Llamas vs. Court of Appeals, 628 SCRA 302 (2010)

Art. 317. Swindling a minor.


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Art. 318. Other deceits.

Jurisprudence:

1. Fernan vs. People, 531 SCRA 1 (2007)

Chapter Seven

CHATTEL MORTGAGE

Art. 319. Removal, sale or pledge of mortgaged property.

Chapter Eight

ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

Art. 320. Destructive arson.

Art. 321. Other forms of arson.

Art. 322. Cases of arson not included in the preceding articles.

Art. 323. Arson of property of small value.

Art. 324. Crimes involving destruction.

Art. 325. Burning one's own property as means to commit


arson.

Art. 326. Setting fire to property exclusively owned by the


offender.

Art. 326-A. In cases where death resulted as a consequence of


arson.

Art. 326-B. Prima facie evidence of arson.


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[Please refer to PRESIDENTIAL DECREE NO. 1613 AMENDING THE


LAW ON ARSON.]

Jurisprudence:

1. People vs. Soriano, 407 SCRA 367 (2003)

2. People vs. Malngan, 503 SCRA 294 (2006)

3. Buebos vs. People, 550 SCRA 269 (2008)

Chapter Nine

MALICIOUS MISCHIEF

Art. 327. Who are liable for malicious mischief.

Jurisprudence:

1. Valeroso vs. People, 412 SCRA 257 (2003)

2. Taguinod vs. People, 659 SCRA 23 (2011)

Art. 328. Special cases of malicious mischief

Art. 329. Other mischiefs.

Art. 330. Damage and obstruction to means of communication.

Art. 331. Destroying or damaging statues, public monuments or


paintings.

Chapter Ten

EXEMPTION FROM CRIMINAL LIABILITY


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IN CRIMES AGAINST PROPERTY

Art. 332. Persons exempt from criminal liability.

Jurisprudence:

1. INTESTATE ESTATE OF MANOLITA GONZALES VDA. DE


CARUNGCONG, represented by MEDIATRIX CARUNGCONG,
as Administratrix vs. People, 612 SCRA 272 (2010)

Title Eleven

CRIMES AGAINST CHASTITY

Chapter One

ADULTERY AND CONCUBINAGE

Art. 333. Who are guilty of adultery.

Art. 334. Concubinage.

Chapter Two

RAPE AND ACTS OF LASCIVIOUSNESS

[Art. 335. When and how rape is committed.]

Art. 336. Acts of lasciviousness.

Jurisprudence:

1. People vs. Bonaagua, 650 SCRA 620 (2011)

2. Amployo vs. People, 457 SCRA 282 (2005)


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Chapter Three

SEDUCTION, CORRUPTION OF MINORS

AND WHITE SLAVE TRADE

Art. 337. Qualified seduction.

Art. 338. Simple seduction.

Art. 339. Acts of lasciviousness with the consent of the


offended party.

Art. 340. Corruption of minors.

Art. 341. White slave trade.

Jurisprudence:

1. NBI vs. Villanueva, 370 SCRA 1 (2001)

Chapter Four

ABDUCTION

Art. 342. Forcible abduction.

Jurisprudence:

1. People vs. Egan, 382 SCRA 326 (2002)

2. People vs. Sodsod, 404 SCRA 39 (2003)

Art. 343. Consented abduction.

Chapter Five

PROVISIONS RELATIVE TO THE PRECEDING

CHAPTERS OF TITLE ELEVEN


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Art. 344. Prosecution of the crimes of adultery, concubinage,


seduction, abduction, rape and acts of lasciviousness.

Jurisprudence:

1. People vs. De Guzman, 614 SCRA 221 (2010)

Art. 345. Civil liability of persons guilty of crimes against


chastity.

Art. 346. Liability of ascendants, guardians, teachers, or other


persons entrusted with the custody of the offended party.

Title Twelve

CRIMES AGAINST THE CIVIL STATUS OF PERSONS

Chapter one

SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS

Art. 347. Simulation of births, substitution of one child for


another and concealment or abandonment of a legitimate child.

Art. 348. Usurpation of civil status.

Chapter Two

ILLEGAL MARRIAGES

Art. 349. Bigamy.

Jurisprudence:

1. Zamoranos vs. People, 650 SCRA 304 (2011)

2. Nollora vs. People, 657 SCRA 330 (2011)

Art. 350. Marriage contracted against provisions of laws.


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Art. 351. Premature marriages.

Art. 352. Performance of illegal marriage ceremony.

Title Thirteen

CRIMES AGAINST HONOR

Chapter One

LIBEL

Section One. — Definitions, forms, and punishment of this crime.

Art. 353. Definition of libel.

Art. 354. Requirement for publicity.

Art. 355. Libel means by writings or similar means.

Jurisprudence:

1. Lopez vs. People, 642 SCRA 668 (2011)

2. Tulfo vs. People, 565 SCRA 283 (2008)

3. Diaz vs. People, 523 SCRA 194 (2007)

4. Yuchengco vs. The Manila Chronicle Publishing Corp., 605


SCRA 684 (2009)

Art. 356. Threatening to publish and offer to present such


publication for a compensation.

Art. 357. Prohibited publication of acts referred to in the


course of official proceedings.

Art. 358. Slander.

Jurisprudence:

1. Villanueva vs. People, 487 SCRA 42 (2006)

Art. 359. Slander by deed.


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Jurisprudence:

1. Mari v. Court of Appeals, 332 SCRA 475 (2000)

Section Two. — General provisions

Art. 360. Persons responsible.

Jurisprudence:

1. Macasaet vs. People, 452 SCRA 255 (2005)

2. Bautista vs. Cuneta-Pangilinan, October 24, 2012

Art. 361. Proof of the truth.

Art. 362. Libelous remarks.

Chapter Two

INCRIMINATORY MACHINATIONS

Art. 363. Incriminating innocent person.

Jurisprudence:

1. Campanano vs. Datuin, 536 SCRA 471 (2007)

Art. 364. Intriguing against honor.

Title Fourteen

QUASI-OFFENSES

Sole Chapter

CRIMINAL NEGLIGENCE

Art. 365. Imprudence and negligence.


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Jurisprudence:

1. Villareal vs. People, 664 SCRA 519 (2012)

2. Ivler vs. Modesto-San Pedro, 635 SCRA 191 (2010)

3. People vs. Carmen, 355 SCRA 267 (2001)

4. Jarcia vs. People, 355 SCRA 267 (2001)

5. Dumayag vs. People, November 26, 2012

FINAL PROVISIONS

Art. 366. Application of laws enacted prior to this Code.

Art. 367. Repealing Clause.

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