CRIMINAL LAW

Book One
Book Two
Special Penal Laws
 TABLE OF CONTENTS

Book I …………………………………………………………………………………………………………1

Book II ……………………………………………………………………………………………………….. 72

Title I. Crimes Against National Security and the Law of Nations

Title II. Crimes Against the Fundamental Laws of the State
Title III. Crimes Against Public Order
Title IV. Crimes Against Public Interest
Title V. Crimes Relative to Opium and other Prohibited Drugs
Title VI. Crimes Against Public Morals
Title VII. Crimes Committed by Public Officers
Title VIII. Crimes Against Persons
Title IX. Crimes Against Personal Liberty and Security
Title X. Crimes Against Property
Title XI. Crimes Against Chastity
Title XII. Crimes Against the Civil Status of Persons
Title XIV. Quasi-Offenses

Special Penal Laws ………………………………………………………………………………………… 182

BOOK ONE
Criminal Law
 SOURCES
CRIMINAL LAW IN GENERAL
1. The Revised Penal Code – was created by the
committee pursuant to the Administrative Order
94; enacted January 1, 1932; contains the
CRIMINAL LAW – branch of public substantive law provisions of the Spanish Penal Code, US Penal
which defines crimes, treats of their nature and Code and the Supreme Court decisions of the
provides for their punishment Philippines before its creation.
2. Special Penal Laws
CRIMINAL LAW vs. CRIMINAL PROCEDURE 3. Penal Presidential Decrees issued during Martial
Law
CRIMINAL LAW CRIM. PROC.
LEGAL MAXIMS
1. Substantive 1. Remedial
1. Nullum crimen nulla poena sine lege – there is no
2. Prospective, unless 2. Retroactive; in favor crime when there is no law that defines and
favorable to the of the ends of punishes it.
accused provided substantial justice 2. Pro reo – an interpretation in favor of the
that the accused is accused.
not a habitual 3. Actus no facit reum, nisi mens sit srea – the act
delinquent cannot be criminal unless the mind is criminal.
4. Actus me invite factus non est meus actus – an
3. Only comes from the 3. Can be promulgated act done by me against my will is not my act.
legislative body. by the judiciary.
CHARACTERISTICS OF CRIMINAL LAW
TERMS
1. General – it is binding on all persons who live or
1. Crime – the generic term used to refer to a sojourn in the Philippine territory (Art. 14, NCO)
wrongdoing punished either under the RPC or
under the special law (Ortega); and act Exceptions:
committed or omitted in violation of a public law
forbidding or commanding it a. Treaty Stipulations
2. Felony – a crime punished under the RPC
3. Offense – a crime punished under the special law Under the RP – US Visiting Forces Accord,
4. Misdemeanor – a minor infraction of law which was signed on February 10, 1998, the
Philippines agreed that:

i. US shall have the right to exercise

within the Philippines all criminal and
disciplinary jurisdiction conferred

on them by the military law of the US over

US personnel in RP
  The Philippines cannot refuse the request of
ii. US exercises exclusive jurisdiction over the US for waiver of jurisdiction. Generally,
US personnel with regard to offenses the Philippines has to approve the request
relating to the security of the US for waiver except if the crime is of national
punishable under the law of US, but not importance:
under the laws of RP
i. those crimes defined under RA 7659
iii. US shall have primary right to exercise (Heinous crimes)
jurisdiction over US personnel subject to ii. those crimes defined under RA 7610
the military law of the US in relation to: (Child Abuse Cases)
iii. those crimes defined under RA 9165
1) Offenses solely against the property (Dangerous drugs cases)
of security of the US or offenses
solely against the property or b. Laws of Preferential Application
person of US personnel;
2) Offenses arising out of any act or RA 75 penalizes acts which would impair the
mission done in performance of proper observance by the Republic and its
official duty. inhabitants of the immunities, rights, and
privileges of duly-accredited foreign diplomatic
 Under the VFA, whether one can be representatives in the Philippines.
prosecuted or not, the citizenship is
immaterial, what is material is one’s Under RA 75, persons who are exempt from
connection to the US military. arrest and imprisonment and whose properties
 It is necessary that one is a member of are exempt from distraint, seizure and
the US military either as: attachment are the following:
a. US military personnel a. Ambassadors
b. US civilian personnel connected to b. Public ministers
US military operations c. Domestic servants of ambassadors and
public ministers
Rule of Jurisdiction
UNLESS the person is a citizen or inhabitant of
CRIMES JURISDICTION the Philippines and the writ or process issued
against him is founded upon a debt contracted
Crimes punishable under before he entered upon such service or the
RP has the exclusive
Phil. Laws but not under the domestic servant is not registered with the
jurisdiction
laws of the US Department of Foreign Affairs.
Crimes punishable under the
US has the exclusive  Warship Rule – a warship of another
laws of the US but not under
jurisdiction country even though docked in the
Phil. Laws
Philippines is considered as an extension of
There is concurrent the territory of their respective country. Same
jurisdiction but the rule applies to embassies.
Philippines has the right to
primary jurisdiction,
Crimes punishable both c. Principles of Public International Law
especially when it is a threat
under the US and Phil. Laws
to RP security namely:
a. treason The following persons are exempted:
b. espionage
c. sabotage i. Sovereigns and other chiefs of state
Crimes committed by a US
ii. Ambassadors, ministers, plenipotentiary,
personnel against the minister resident and charges of affaires
RP has no jurisdiction  Consuls, vice-consuls and other commercial
security and property of the
US alone representatives of foreign nation cannot
claim the privileges and immunities accorded
to ambassadors and ministers.

Extraterritoriality – exception of persons and

property from local jurisdiction on basis of
international customs. In Criminal Law, it applies
 only to persons and is based on treaty or
convention.
2. Territorial
General Rule: Penal laws of the Philippines are
enforceable only within its territory.
Exceptions:
EXTRATERRITORIAL CRIMES (Art. 2, RPC)
i.e., enforceable even outside Philippine territory
against those who:
a. Should commit an offense while on a
Philippine ship or airship
Requisites:
1. The ship or airship must not be within
the territorial jurisdiction of another
country; (it must be in the high seas)
2. The ship or airship must be registered in
the Philippines.
b. Should forge or counterfeit any coin or
currency note of the Philippines or
obligations and securities issued by the
Government (Art 163, 166, RPC)
 Forgery is committed by giving to a
treasury or bank note or any instrument
payable to bearer or to order the
appearance of a true genuine document
or by erasing, substituting, counterfeiting
or altering, by any means, the figures,
letters, words or signs contained therein.
 If forgery was committed abroad, it must
refer only to Philippine coin, currency
note, or obligations and securities.
Notes:
 Obligations and securities of the GSIS,
SSS and Land bank are not of the
government because they have
separate charters.
 Those who introduced the counterfeit
items are criminally liable even if they
were not the ones who counterfeited the
obligations and securities. On the other
hand, those who counterfeit items.
c. Should introduce into the country the above-
mentioned obligations and securities
d. While being public officers or employees,
should commit an offense in the exercise of
their functions, like:
i. Direct Bribery (Art. 210)
ii. Indirect Bribery (Art. 211)
iii. Qualified Bribery (Art. 211-A)
iv. Corruption (Art. 212)
v. Fraud Against Public Treasury and
Similar Offenses (Art. 213)
vi. Possession of Prohibited Interest
(Art. 216)
vii. Malversation of Public Funds or
Property (Art. 217)
viii. Failure to Render Accounts (Art.
218)
ix. Failure to Render Account Before
Leaving the country (Art. 219)
x. Illegal Use of Public Funds or
Property (Art. 220)
xi. Failure to Make Delivery of Public
Funds/Property (Art. 221)
xii. Falsification (Art. 171)
e. Should commit any of the crimes against
national security and the law of nations
defined in Title One of Book Two. (Art. 114-
122, RPC)
 When rebellion, coup d’etat and sedition
are committed abroad, the Philippine
courts will not have jurisdiction because
these are crimes against public order.
Exception to the Exceptions: Penal laws NOT
applicable within or without Philippine territory if
so provided in treaties and laws of preferential
application (Art. 2, RPC)
3. Prospective
General Rule: Penal laws cannot make an act
punishable in a manner in which it was not
punishable when committed.
Exception – (it may be applied retroactively)
When the new law is favorable to the accused.
Exceptions to the Exception:
a. The new law is expressly made inapplicable
to pending actions or existing causes of
actions.
b. Offenders is a habitual criminal
Limitations on the Power of Congress to Enact
Penal Laws.
1. No ex post facto law or bill of attainder shall be
enacted. (Art. III. Sec. 22)
Ex post facto law – a law that would make a
previous act criminal although it was not so at the
time it was committed.
Bill of attainder – a legislative act that inflicts
punishment without trial, its essence being the
substitution of legislative fiat for a judicial
determination of guilt
2. No person shall be held to answer for a criminal
offense without due process of law. (Art. III, Sec.
14(1)
 Criminal laws must be of general application
and must clearly define the acts and
omissions punished as crimes
3. It should not impose cruel and unusual
punishment nor should it impose excessive fines
Theories in Criminal Law
1. Classical Theory
 Basis of criminal liability is human free will
and the purpose of the penalty is retribution
 Endeavored to establish a mechanical and
direct proportion between crime and penalty,
and there is scant regard to the human
element
 RPC is generally governed by this theory.
2. Positivist Theory
 Basis of criminal liability is the sum of the
social, natural and economic phenomena to
which the actor is exposed wherein
prevention and correction are the purposes
of penalty
 This theory is exemplified in the provisions
regarding impossible crimes and habitual
delinquency.
3. Eclectic or Mixed Theory
 Combination of positivist and classical
thinking wherein crimes that are economic
and social in nature should be dealt in a
positive manner, thus, the law is more
compassionate.
 Ideally, the classical theory is applied to
heinous crimes, whereas, the positivist is
made to work on economic and social
crimes. A heinous crime is a grievous, odious
and hateful offense which by reason of its
inherent or manifest wickedness,
viciousness, atrocity and perversity, is
regarded as seriously outrageous to the
common standards or norms of decency and
morality in a just, civilized, and orderly
society.
4. Utilitarian or Protective Theory
 Espoused the idea that the primary function
of punishment in criminal law is to protect
society from the potential and actual
wrongdoers. The retributive aspect of penal
laws should be directed against them. The
law should not be applied to further
materialism and opportunism.
(Magno vs. CA, June 26, 1992, Paras J.)
PRELIMINARY TITLE
ARTICLE 2
APPLICATION OF ITS PROVISIONS
Felonies under this Article shall be cognizable by the
proper court where the criminal action was first filed.
(Section 15(d). Rule 110 of the Rules of Court)
Rules on Vessels:
1. Philippine vessel or aircraft
 Must be understood as that which is
registered with the MARINA (Maritime
Authority)
2. Foreign Merchant Vessels
French Rule (Flag or Nationality Rule):
General Rule: Crimes committed aboard a
vessel within the territorial waters of a country are
NOT triable in the courts of said country.
Exception: When their commission affects the
peace and security of the territory or when the
safety of the state is endangered
English Rule (Territoriality Principle or Situs of the
Crime Rule):
General Rule: Crimes committed aboard a
vessel within the territorial waters of a country are
triable in the courts of such country.
Exception: When the crimes merely affect things
within the vessel or when they only refer to the
internal management thereof
 In the Philippines, we follow the ENGLISH
RULE
 Foreign merchant vessel in transit:
possession of dangerous drugs is not
 punishable, but use of the same is
punishable.
 Foreign merchant vessel NOT in transit:
mere possession of dangerous drugs is
punishable because it can already be
considered as illegal importation.
 In the case of a foreign warship, the same is
not subject to territorial laws for they are
always reputed to be an extension of the
territory of the country to which they belong.
TITLE ONE: FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
CHAPTER ONE: FELONIES
(ARTS. 3-10)
ARTICLE 3
FELONIES
FELONIES – acts or omissions punishable by the
Revised Penal Code (RPC)
Elements of Felonies (General):
1. There must be an act or omission i.e., there must
be external acts.
2. The act or omission must be punishable by the
RPC.
 Based upon the maxim, “nullum crimen,
nulla poena sine lege” (there is no crime
where there is no law punishing it)
Act – any bodily movement tending to produce
some effect in the external world. It must be
external as internal acts are beyond the sphere of
penal law
Omission – inaction, failure to perform a positive
duty, which one is bound to do
3. The act is performed or the omission is incurred,
by means of dolo or culpa.
Classification of Felonies According to the Means
by Which They Are Committed:
1. Intentional felonies – the act is performed or the
omission is incurred with deliberate intent or
malice to do an injury
Requisites of DOLO or MALICE:
a. Freedom
 Voluntariness on the part of the person to
commit the act or omission
 When a person acts without freedom, he is
no longer a human being but a tool
If there is lack of freedom, the offender is exempt
from liability. (i.e., presence of irresistible force or
uncontrollable fear)
b. Intelligence
 Capacity to know and understand the
consequences of one’s act
 Without this power, necessary to determine
the morality of human acts, no crime can
exist
If there is lack of intelligence, the offender is
exempt from liability. (i.e., offender is an imbecile,
insane, or under 15 years of age)
c. Intent (Criminal)
 The purpose to use a particular means to
effect such result
 Intent to commit an act with malice, being
purely a mental process, is presumed. Such
presumption arises from the proof of
commission of an unlawful act.
 A mental state, hence, its existence is shown
by overt acts
If there is lack of intent, the crime is justified and
the offender incurs no criminal liability. (i.e.
existence of a lawful or insuperable cause,
commission by mere accident)
2. Culpable felonies – performed without malice
Requisites of CULPA:
a. Freedom
b. Intelligence
c. Negligence, imprudence, lack of foresight or lack
of skill
Negligence – indicates deficiency of perception,
failure to pay proper attention and to use diligence in
foreseeing the injury or damage impending to be
caused. Usually involves lack of foresight.
Imprudence – indicates deficiency of action: failure to
take the necessary precaution to avoid injury to
person or damage to property. Usually involves lack
of skill.
 Reason for Punishing Acts of Negligence: A
man must use common sense and exercise due
 reflection in all his acts; it is his duty to be Mala In Se vs. Mala Prohibita
cautious, careful and prudent MALA
MALA IN SE
PROHIBITA
Intentional Felony vs. Culpable Felony 1. As to nature Wrong from its Wrong because
INTENTIONAL CULPABLE very nature it is prohibited
by law
1. Act is malicious 1. Not malicious 2. As to use of Good faith is a Good faith is
2. With deliberate intent 2. Injury caused is good faith as a valid defense; not a defense.
unintentional being defense unless the
incident of another act crime is the
performed without malice result of culpa.
3. Has intention to cause 3. Wrongful act results 3. As to use of Intent is an Criminal intent
an injury from imprudence, intent as an element is immaterial.
negligence, lack of element
foresight or lack of skill 4. As to degree The degree of The act gives
of accomplishment rise to a crime
Mistake of fact – a misapprehension of fact on the accomplishment of the crime is only when it is
part of the person causing injury to another. Such of the crime taken into consummated.
person is NOT criminally liable as he acted without account in
criminal intent. punishing the
offender.
A mistake of fact destroys the presumption of criminal 5. As to Mitigating and Mitigating and
intentwhich arises upon the commission of a felonious mitigating and aggravating aggravating
act. aggravating circumstances circumstances
circumstances are taken into are generally
Mistake of fact is NOT applicable in CULPABLE account in not taken into
felonies. imposing the account.
penalty.
Requisites of mistake of fact as a defense: 6. As to degree When there is Degree of
of participation more than one participation is
1. That the act done would have been lawful had offender, the generally not
the facts been as the accused believed them to degree of taken into
be participation of account. All
2. That the intention of the accused in performing each in the who
the act should be lawful commission of participated in
3. That the mistake must be without fault or the crime is the act are
carelessness on the part of the accused. taken into punished to the
a. US vs. Ah Chong (15 Phil 488) – the account same extent.
accused had no alternative but to take the 7. As to stage of Penalty is The penalty on
facts as they appeared to him, and such accomplishment computed on the offenders
facts justified his act of killing his roommate the basis or are the same
b. People vs. Oanis (74 Phil 257) – the whether he is a whether they
accused police officers were at fault when principal are merely
they shot the escaped convict, who was offender, or accomplices or
sleeping, without first ascertaining his merely an accessories
identity accomplice or
accessory
Mala prohibita – (the third class of crimes) 8. As to what Violation of the Violation of
punishable by SPECIAL LAWS and where criminal laws are RPC (General Special Laws
intent is not, as a rule, necessary, it being sufficient violated rule) (General rule)
that the offender has the intent to perpetrate the act
prohibited by the special law. It is punishable because Intent Distinguished from Motive
the prohibited act is so injurious to the public welfare INTENT MOTIVE
that it is the crime itself. 1. Is the purpose to 1. Is the reason or moving
use a particular means power which impels one to
to effect such result commit an act for a definite
result
2.Is an element of the 2. Is NOT an element of the
crime, except in crime
unintentional felonies 2. That the wrong done to the aggrieved party be
(culpable) the direct, natural and logical consequences of
3. Is essential in 3. Is essential only when the felony committed.
intentional felonies the identity of the
perpetrator is in doubt Proximate cause – that cause, which, in the natural
and continuous sequence, unbroken by any efficient
Motive: when relevant intervening cause, produces the injury without which
the result would not have occurred.
1. When there is doubt as to the identity of the
assailant;  The relation of cause and effect must be shown:
2. In ascertaining the truth between two antagonistic a. Unlawful act is the efficient cause
theories or versions of the killing; b. Accelerating cause
3. Where the identification of the accused proceeds c. Proximate cause
from an unreliable source and the testimony is
inconclusive and not free from doubt; Thus, the person is still criminally liable although the
4. Where there are no eyewitnesses to the crime, wrongful act done be different from that which he
and where suspicion is likely to fall upon a intended:
number of persons;
5. When the act is alleged to be committed in 1. Error in Personae – mistake in the identity of the
defense of a stranger because it must not be victim (Article 49 – penalty for lesser crime in its
induced by revenge, resentment or other evil maximum period)
motive; 2. Abberatio Ictus – mistake in the blow (Article 48
6. If the evidence is merely circumstantial. on complex crimes – penalty for a graver offense
in its maximum period)
3. Praeter Intentionem – injurious result is greater
ARTICLE 4 than that intended (Article 13 – mitigating
CRIMINAL LIABILITY circumstance)

Par. 1: Criminal Liability for a felony different from When death is presumed to be the natural
that intended to be committed consequence of physical injuries inflicted:
1. That the victim at the time the physical injuries
Rationale: He who is the cause of the cause is the were inflicted was in normal health
cause of the evil caused. 2. That the death may be expected from the
physical injuries inflicted
Requisites: 3. That death ensued within a reasonable time

1. That an intentional felony has been committed.
No Intentional Felony:
a. When the act or omission is not punishable
by RPC; or
b. When the act is covered by any of the
justifying circumstances in Art. 11 of RPC.
 Act or omission should not be punished by a
special law because the offender violating a
special law may not have the intent to do any
injury to another. In such case, the wrongful
act done could not be different, as the
offender did not intend to do any other injury.
 Any person who creates in another person’s
mind an immediate sense of danger, which
causes the latter to do something resulting in
the latter’s injuries, is liable for the resulting
injuries. (People vs. Page, 77 SCRA 348,
citing People vs. Poling, L-27097, Jan. 17,
1975, 62 SCRA 17, 33)
Felony committed is NOT the proximate cause of
the resulting injury when:
1. There is an active force between the felony
committed and the resulting injury such active
force’s distinct from the felony committed.
2. The resulting injury is due to the intentional act of
the victim i.e., fault or carelessness of the victim
to increase the criminal liability of the assailant
Instances when there is a proximate cause and
when there is none:
1. When there is an intervening disease and the
disease is :
a. Closely related to the wound – the accused
is criminally liable
b. Unrelated to the wound – the accused is not
criminally liable
c. A combined force with wound – accused is
criminally liable because the mortal wound is
contributing factor to the victim’s death. A
mortal wound is a contributing factor when:
 i. The wound is sufficient to cause the
victim’s death along with the disease
ii. The mortal wound was caused by
actions committed by the accused
2. When the death was caused by an infection of
the wound due to the unskilled medical treatment
from the doctors
a. If the wound is mortal - accused is criminally
liable because the unskilled treatment and
infection are not efficient intervening causes
b. If the wound is slight – the accuses is not
criminally liable because the unskilled
treatment and infection are efficient
intervening causes
Par. 2: Impossible Crime
Requisites:
1. That the act performed would be an offense
against persons or property
2. That the act was done with evil intent
3. That its accomplishment is inherently impossible,
or that the means employed is cither inadequate
or ineffectual
 Inherent impossibility of its accomplishment:
a. legal impossibility – where the
intended acts, even if completed would
not amount to a crime. E.g. Stealing a
property that turned out to be owned by
the stealer
b. physical impossibility – When
extraneous circumstances unknown to
the actor or beyond his control prevent
the consummation of the intended
crime. E.g. When one tries to murder a
corpse
4. That the act performed should NOT constitute a
violation of another provision of the RPC
Felonies against persons are:
1. Parricide (Art. 246)
2. Murder (Art. 248)
3. Homicide (Art. 249)
4. Infanticide (Art. 255)
5. Abortion (Arts. 256, 257, 258 and 259)
6. Duel (Arts. 260 and 261)
7. Physical injuries (Arts. 262, 263, 264, 265 and
266)
8. Rape (Art. 266-A)
Felonies against property are:
1. Robbery (Arts. 294, 297, 298, 299, 300, 302 and
303
2. Brigandage (Arts. 306 and 307)
3. Theft (Arts. 308, 310 and 311)
4. Usurpation (Arts. 312 and 313)
5. Culpable Insolvency (Art. 314)
6. Swindling and other deceits (Arts. 315, 316, 317
and 318)
7. Chattel Mortgage (Art. 319)
8. Arson and other crimes involving destruction
(Arts. 320, 321, 322, 323, 324, 324, and 326)
9. Malicious Mischief (Arts. 327, 328, 329, 330, and
321)
Purpose of punishing impossible crimes: To
suppress criminal propensity or criminal tendencies
Notes:
 Felony against persons or property should not be
actually committed, for otherwise, he would be
liable for that felony; there would be no
impossible crime to speak of.
 There is no attempted or frustrated impossible
crime. It is always consummated and applies only
to grave or less grave felonies.
 Under Article 59, the penalty for impossible
crimes is arresto mayor or a fine ranging from
200-500 pesos.
ARTICLE 5
DUTY OF THE COURT
The Philippines does not subscribe to the common
law crimes system. Under this article, if an act should
be repressed but there is no law punishing the same,
the proper decision of acquittal must be made This is
in consonance with the maxim nullum crimen nulla
poena sine lege.
ARTICLE 6
CONSUMMATED, FRUSTRATED &
ATTEMPTED FELONIES
Material crimes – crimes which involve the three
stages of execution.
Stages of execution: (does NOT apply to crimes
under special laws unless otherwise provided, crimes
by omission, and formal crimes)
1. Consummated felony
 When all the elements necessary for its
execution and accomplishment are present
Formal Crimes or Crimes of Effect – felonies
which by a single act of the accused
consummates the offense as a matter of law (i.e.,
physical injuries, acts of lasciviousness,
attempted flight to an enemy country, coercion,
slander)

2. Frustrated Felony
Elements:
a. The offender performs all the acts of
execution.
b. All the acts performed would produce the
felony as a consequence. (belief of accused
as to whether or not he had performed all
acts of execution should be immaterial)
c. But the felony is not produced.
d. By reason of causes independent of the will
of the perpetrator.
What crimes do not admit of frustrated stage?
They are those which, by the definition of a
frustrated felony, the offender cannot possibly
perform all the acts of execution to bring the
desired result without consummating the offense.
Examples:
a. Rape, since the gravamen of the offense is
carnal knowledge, hence, no matter how
slight the penetration, the felony is
consummated.
b. Indirect Bribery, because it is committed by
accepting gifts offered to the public officer by
reason of his office. If he does not accept, he
does not commit the crime. If he accepts, it
is consummated.
c. Corruption of Public Officers, because the
offense requires the concurrence of the will
of both parties, such as that when the offer is
accepted, the offense is consummated. But
when the offer is rejected, the offense is
merely attempted.
d. Adultery, because the essence of the crime
is sexual congress.
e. Physical injury since it cannot be determined
whether the injury will be slight, less serious,
or serious unless and until consummated.
3. Attempted Felony
Elements:
a. The offender commences the commission of
the felony directly by overt acts;
b. He does not perform all the acts of execution
which should produce the felony;
c. The non-performance of all acts of execution
was due to a cause or accident other than
the offender’s own spontaneous desistance.
Overt acts – Some physical activity or deed,
indicating intention to commit a particular crime,
more than a mere planning or preparation, which
if carried to its complete termination following its
natural course, without being frustrated by
external obstacles, nor by voluntary desistance of
the perpetrator will logically ripen into a concrete
offense.
Felony is deemed commenced by overt acts
when the following are present:
a. That there be external acts;
b. Such external acts have direct connection
with the crime intended to be committed.
Indeterminate Offense: One where the purpose
of the offender in performing an act is not certain.
The accused may be convicted for a felony
defined by the acts performed by him up to the
time of desistance.
Desistance – is an absolutory cause which
negates criminal liability because the law
encourages a person to desist from committing a
crime
Kinds of Desistance:
a. Legal desistance – the desistance referred
to in law which would obviate criminal liability
unless the overt or preparatory act already
committed in themselves constitute a felony
other than what the actor intended. The
desistance is made during the attempted
stage.
b. Factual desistance – actual desistance of
the actor which is made after the attempted
stage of the crime: the actor is still liable for
the attempt.
TWO STAGES IN THE DEVELOPMENT OF A
CRIME:
1. Internal acts
 Such as mere ideas in the mind of person
 Not punishable
2. External acts cover:
a. Preparatory acts – ordinarily not punished
except when considered by law as
independent crimes (e.g., Art. 304),
Possession of picklocks and similar tools)
b. Acts of Execution – punishable under the
RPC
Attempted stage – marks the
commencement of the subjective phase
Subjective Phase – that portion of the acts
constituting the crime, starting from the point
where the offender begins the commission of
the crime to that point where he has still
control over his acts, including their (acts’)
natural course
  If between those two points the offender the crime is less serious or slight physical
is stopped by reason of any cause injuries.
outside of his own voluntary desistance,
the subjective phase has not been
passed and it is an attempt
 If he is not so stopped but continues ---- ----- Crime
until he performs the last act, it is
frustrated YES Presumed Mortal Consummated
wound
Frustrated stage – the end thereof and the NO YES Mortal Frustrated
start of the objective phase Murder,
Homicide,
Objective Phase – is the result of the acts of Parricide,
the execution, that is, the accomplishment of Infanticide
the crime (MHPI)
NO YES Non- Attempted
 If the subjective and objective phases Mortal MHPI
are present, there is a consummated NO YES Overt Act Attempted
felony. only – no MHPI
 The spontaneous desistance of the wound
accused is exculpatory only (a) if made NO NO Mortal Serious
during the attempted stage, and (b) wound Physical
provided that the acts already Injuries
committed do not constitute any offense. NO NO Non- Less
mortal serious/slight
Factors in determining stage of execution of wound physical
felony: injuries
1. Nature of the offense;
2. Elements constituting the felony; Robbery/Theft
3. Manner of committing the felony.
1. Both crimes are committed by the taking of the
Murder/Homicide/Parricide/Infanticide (MHPI): personal property of another and with the intent
1. With intent to kill, but no mortal wound is inflicted to gain
– attempted 2. The difference is that in robbery, there is the use
2. With intent to kill, but no mortal wound is inflicted of force or violence
but victim does not die – frustrated 3. So long as the act is done the crime is
3. With intent to kill and victim dies – consummated consummated
4. In robbery by the use of force upon thins, since
Rules on crimes against person (MHPI) and the offender must enter the building to commit
stages of execution: the crime, he must be able to carry out of the
building the thing taken to consummate the
a. If the victim dies, intent to kill is presumed by crime.
operation of law and the crime is 5. In robbery with violence against or intimidation of
consummated MHP or I persons, the crime is consummated the moment
b. If the victim does not die, with intent to kill the offender gets hold of the thing taken and/or is
and mortal wounds were inflicted, the crime in a position to dispose of it freely.
is frustrated MHP or I  It does not matter how long the property was
c. If the victim does not die, with the intent to in the possession of the accused; it does not
kill and non mortal wounds were inflicted, the matter whether the property was disposed or
crime is attempted MHP or I not; what is important is whether or not there
d. If the victim does not die because there was was asportacion or unlawful taking
only an overt act and no wound was inflicted
but there was intent to kill the crime is Rape
attempted MHP or I  The crime of rape is consummated by mere
e. If victim does not die, without the intent to penetration of the male organ no matter how
kill, and mortal wounds were inflicted, the slight
crime is serious physical injuries  Instances where there is attempted rape:
f. If the victim does not die, without the intent a. When the skirt of the victim has been lifted
to kill, and non-mortal wounds were inflicted, no matter what position
 b. When the accused mounted on the body of
the victim
c. When there is epidermal touching of the
genital organs of the accused and the victim
 The difference between an attempted rape and
acts of lasciviousness is that with the former,
there is carnal knowledge or the intent to have
sexual intercourse is established.
light felony against persons is slight physical
injuries which in the first place cannot but be
consummated.
 The exception can apply however to
attempted or frustrated light felonies against
property BUT only principal and accomplices
are criminally liable while accessories are
exempt.

Attempted vs. Frustrated vs. Impossible Crime ARTICLE 8

ATTEMPTED FRUSTRATED IMPOSSIBLE CONSPIRACY AND PROPOSAL
TO COMMIT FELONY
Evil intent is not Evil intent is not Evil intent is not
accomplished accomplished accomplished Conspiracy – exist when two or more persons come
Evil intent is Evil intent is Evil intent to an agreement concerning the commission of a
possible of possible of cannot be felony and decide to commit it.
accomplishmen accomplishmen accomplished
t t Requisites of Conspiracy:
What prevented What prevented Evil intent 1. That 2 or more persons came to an agreement.
the the cannot be 2. That the agreement pertains to the commission
accomplishment accomplishment accomplished of a felony
is the is the because it’s 3. That the execution of the felony was decided
intervention of intervention of inherently upon
certain cause or certain cause or impossible of  There must be participation with a criminal
accident in accident in accomplishment resolution because simple knowledge
which the which the or the means thereof by a person may only make him
offender had no offender had no employed by liable as an accomplice.
part part the offender is
inadequate or General Rule: Mere conspiracy or proposal to
ineffectual commit a felony is not punishable since they are only
preparatory acts.

Exception: In cases in which the law specially

ARTICLE 7
LIGTH FELONIES
Light Felonies are punishable only when they have
been consummated.
Except: If committed against persons or property,
punishable even if attempted or frustrated.
Light felonies – Infractions of law for the commission
of which a penalty or arresto menor or a fine of not
exceeding P200 or both is provided.
a. Slight physical injuries
b. Theft (when the value of thing stolen is less than
five pesos and theft is committed under the
circumstances enumerated under Article 308 par.
3)
c. Alteration of boundary marks
d. Malicious mischief (when the value of the
damage does not exceed two hundred pesos or
cannot be estimated)
e. Intriguing against honor
 The exception with regard to crimes against
persons is actually unnecessary as the only
provides a penalty therefore
 The law specially provides penalty for mere
conspiracy in (under the RPC:) treason,
rebellion, insurrection, coup d’etat, sedition,
monopolies and combinations in restraint of
trade (TRICSM), (under special laws:)
espionage, highway robbery, illegal
association, selected acts committed under
the dangerous drugs act, arson, and terrorism
under the human security act.
Conspiracy as a felony, distinguished from
conspiracy as a manner of incurring criminal
liability.
 As a felony, conspirators should not actually
commit treason, rebellion, etc., it being sufficient
that two or more persons agree and decide to
commit it.
 As a manner of incurring criminal liability, if
they commit it, say, treason, they will be held
liable for treason, and the conspiracy which they
had before committing treason is only a manner
of incurring criminal liability not a separate
offense.
 Felony relates to a crime actually committed and
conspiracy is not treated as a separate offense
but use to determine the liability of the offenders.
 In conspiracy, the act of one is the act of all.
General Rule: When conspiracy is established, all
who participated therein, irrespective of the quantity of
quality of his participation is liable equally, whether
conspiracy is pre-planned or instantaneous
Exception: Unless one or some of the conspirators
committed some other crime which is not part of the
intended crime.
Exception to the Exception: When the act constitutes
a “single indivisible offense”.
Doctrine of Implied Conspiracy
Conspiracy may be inferred if it is proven that two or
more persons aimed their acts towards the
accomplishment of the same unlawful object, each
doing a part so that their acts although apparently
independent were in fact connected and cooperative,
thus indicating a closeness of personal association
and a concurrence of sentiment.
 It is enough that at the time of the commission of
the offense, the offenders acted in concert, each
doing his part to fulfill their common design.
 There is unity of purpose and unity in the
execution of the offense.
Proposal to commit a felony – when the person
who has decided to commit a felony proposes its
execution to some other person or persons.
Requisites of Proposal:
1. That a person has decided to commit a felony;
and
2. That he proposes its execution to some other
person or persons.
3. RPC specially provides penalty for mere proposal
in treason, rebellion, insurrection, and coup d’
etat. (TRIC)
There is no criminal proposal when:
1. The person who proposes is not determined to
commit the felony;
2. There is no decided, concrete and formal
proposal;
3. It is not the execution of a felony that is
proposed.
ARTICLE 9
CLASSIFICATION OF FELONIES
ACCORDING TO GRAVITY
Importance of Classification
1. To determine whether these felonies can be
complexed or not.
2. To determine the prescription of the crime and
the prescription of the penalty.
Grave felonies – are those to which the law attaches
the capital punishment or penalties, which in any of
their periods are afflictive, in accordance with Art. 25 f
the Code.
Less grave felonies – are those which the law
punishes with penalties which in their maximum of the
period are correctional in accordance with Art. 25 of
the Code.
Light felonies – are those infractions of law for the
commission of which the penalty of arresto menor or
a fine not exceeding 200 pesos or both, is provided.
ARTICLE 10
OFFENSES NOT SUBJECT
TO THE PROVISIONS OF THE RPC
General Rule: RPC provisions are supplementary to
special laws
Exceptions:
1. Where the special law provides otherwise
2. When the provisions of the RPC are impossible
of application, either by express provision or by
necessary implication.
 Thus, when the special law adopts the
penalties imposed in the RPC, such as
reclusion perpetua or reclusion temporal, the
provisions of the RPC on imposition of
penalties based on stage of execution,
degree of participation, and attendance of
mitigating and aggravating circumstances
may be applied by necessary implication.
CHAPTER TWO:
JUSTIFYING CIRCUMSTANCES AND
CIRCUMSTANCES WHICH EXEMPTING CRIMINAL
LIABILITIES (ARTS. 11-12)
IMPUTABILITY – the quality by which an act may be
ascribed to a person as its author or owner. It implies
that the act committed has been freely and
consciously done and may therefore be put down to
the doer as his very own.
RESPONSIBILITY – the obligation of suffering the
consequences of crime. It is the obligation of taking
the penal and civil consequences of the crime.
GUILT – an element of responsibility, for a man
cannot be made to answer for the consequences of a
crime unless he is guilty.
ARTICLE 11
JUSTIFYING CIRCUMSTANCES
JUSTIFYING CIRCUMSTANCES – those where the
act of a person is said to be in accordance with law,
so that such person is deemed not to have
transgressed the law and is free from both criminal
and civil liability. There is no civil liability, except in
par. 4 of Art. 11, where the civil liability is borne by the
persons benefited by the act.
 An affirmative defense, hence, the burden of
proof is on the accused who must prove it by
clear and convincing evidence.
 There is both NO crime and NO criminal.
 Basis: Lack of criminal intent
1. Self-Defense
Rights included in self-defense:
Self-defense includes not only the defense of the
person or body of the one assaulted but also that
of his rights, the enjoyment of which is protected
by law. Thus, it includes:
a. The right to honor. Hence, a slap on the face
is considered as unlawful aggression since
the face represents a person and his dignity.
It is a serious personal attack; a physical
assault, coupled with a willful disgrace; and it
may, therefore, be frequently regarded as
placing in real danger a person’s dignity,
rights and safety. (Rugas vs. People, GR
No. 147789, Jan. 14, 2004)
b. The defense of property rights can be
invoked if there is an attack upon the
property although it is not coupled with an
attack upon the person of the owner of the
premises. All the elements for justification
must however be present. (People vs.
Narvaez, 121 SCRA 389)
 What is important is not the duality of the
attack but whether the means employed is
reasonable o prevent the attack.
Stand ground when in the right – the law does not
require a person to retreat when his assailant is
rapidly advancing upon him with a deadly weapon.
Reason: He runs the risk of being attacked in the
back by the aggressor.
Requisites:
a. Unlawful aggression (condition sine qua non):
Kinds of aggression:
i. Lawful
1) In the exercise of a right
2) In the fulfillment of a duty
ii. Unlawful
b. Reasonable necessity of the means employed to
prevent or repel it (if by a peace officer,
reasonable necessity of the means employed to
overcome opponent); and
c. Lack of sufficient provocation on the part of the
person defending himself
Unlawful aggression
 Equivalent to an actual physical assault; or
 Threatened assault of an immediate and
imminent kind which is offensive and positively
strong, showing the wrongful intent to cause
injury
Actual – that the dangerous must be present, that is,
actually in existence.
Imminent – that the danger is on the point of
happening. It is not required that the attack already
begins, for it may be too late.
 Must come from the person attacked by the
accused.
 No unlawful aggression when there was an
agreement to fight.
 The challenge to fight must be accepted.
 But aggression which is ahead of a
stipulated time and place is unlawful.
 Not merely oral threats or threatening stance or
posture.
 Mere belief of an impending attack is not
sufficient.
 In relation to “mistake of fact,” the belief of the
accused may be considered in determining the
existence of unlawful aggression. E.g., there is
self-defense even if the aggressor used a toy
gun, provided that the accused believed it to be a
real gun.
Test of Reasonableness
The means employed depends upon the (1) nature
and quality of the weapon used by the aggressor, (2)
his physical condition, character, size and other
circumstances, (3) and those of the person defending
himself, (4) and also the place and occasion of the
assault.
 Perfect equality between the weapons used by accused attacked him the person making the
the one defending himself and that of the defense
aggressor is not required, neither is the material
commensurability between the means of attack There must be no
and defense. Rational equivalence is enough. appreciable time interval
bet. The unlawful
Reason: Because the person assaulted does not aggression and the
have sufficient tranquility of mind to think and to killing.
calculate.

 Retreat of aggressor – aggression ceases; 2. Defense of Relatives

EXCEPT: when retreat is made to take a more
advantageous position to insure the success of
the attack begun, unlawful aggression continues.
Under Republic Act 9262, known as the Anti-
Violence against Women and their Children Act of
2004:
Victim-survivors who are found by the courts to be
suffering from Battered Woman Syndrome do not
incur any criminal or civil liability notwithstanding the
absence of any of the elements for justifying
circumstances of self-defense under the RPC. (Sec.
26, R.A. No. 9262) The law provides for an additional
justifying circumstance.
Battered Woman Syndrome – refers to a
scientifically defined pattern of psychological and
behavioral symptoms found in women living in
battering relationships as a result of cumulative
abuse.
“Cycle of violence” has three phases:
1. The tension building phase;
2. The acute battering incident
3. The tranquil, loving (or at least non-violent) phase
(People v. Genosa G. R. No. 135981, January
15, 2004)
Four characteristics of the syndrome:
a. The women believes that the violence was her
fault
b. She has an inability to place the responsibility for
the violence elsewhere;
c. She fears for her life and/or her children’s life;
and
d. She has an irrational belief that the abuser is
omnipresent and omniscient.
Battery – refers to any act of inflicting physical harm
upon the woman or her child resulting to physical and
psychological or emotional distress
Requisites:
a. Unlawful Aggression
b. Reasonable necessity of the means
employed to prevent or repel it; and
c. In case the provocation was given by the
person attacked, the one making the
defense had no part therein.
Relative that can be defended: (SADBroSAC)
a. Spouse
b. Ascendants
c. Descendants
d. Legitimate, natural or adopted Brother and
Sisters, or relatives by Affinity in the same
degrees. Death of the spouse terminates the
relationship by affinity.
e. Relatives by Consanguinity within the fourth civil
degree.
 The fact that the relative defended gave
provocation is immaterial
 There is no distinction in the Revised Penal
Code whether the descendant should be
legitimate or illegitimate; when the law does
not distinguish the courts cannot distinguish.
3. Defense of Stranger
Stranger – any person not included in the
enumeration of relatives under par. 2 of Art. 11
 Damage to another includes injury to
persons and damage to property.
Requisites:
a. Unlawful Aggression
b. Reasonable necessity of the means
employed to prevent or repel it; and
c. The person defending was not induces by
revenge, resentment or other evil motive.
 Motive is relevant only in this kind of
defense.

4. Avoidance of greater evil or injury

Inceptual unlawful Unlawful aggression was State of Necessity

aggression had already still existing when the Article 11, par. 4 – offender deliberately caused
ceased when the aggressor was injured by damage
 Article 12, par. 4 – offender accidentally caused
damage.  Subordinate is not liable for carrying out an
illegal order if he is not aware of its illegality
Requisites: and he is not negligent.
a. That the evil sought to be avoided actually
exists;
b. That the injury feared be greater than that ARTICLE 12
done to avoid it; and EXEMPTING CIRCUMSTANCES
c. There be no other practical and less harmful
means of preventing it. EXEMPTING CIRCUMSTANCES (OR THE
CIRCUMSTANCES FOR NON-IMPUTABILITY) –
 Generally, there is no civil liability in justifying those grounds for exemption from punishment,
circumstances. However, it is only in par. 4 of because there is wanting in the agent of the crime any
this Article where there is civil liability. Such of the conditions which makes the act voluntary, or
liability is borne by the person benefited. negligent.
 Greater evil must not be brought about by
the negligence or imprudence or violation of  There is a crime but NO criminal
law by the actor.
Basis: The exemption from punishment is based on
5. Fulfillment of duty or lawful exercise of right the complete absence of intelligence, freedom of
or office action, or intent, or on the absence of negligence on
the part of the accused.
Requisites:
a. That the accused acted in the performance JUSTIFYING EXEMPTING
of a duty or in the lawful exercise of a right or CIRCUMSTANCES CIRCUMSTANCES
office;
b. That the injury caused or the offense It affects the act not the It affects the actor not the
committed be the necessary consequence of actor. act.
the due performance of duty or the lawful The act is considered to The act complained of is
exercise of such right or office have been done within actually wrongful, but the
the bounds of law; actor is not liable.
 People vs. Delima (46 Phil 738) – the hence, legitimate and
shooting by guards of escaping prisoners is lawful in the eyes of the
always justified. law.
 The executor of death convicts at the Bilibid Since the act is Since the acts
Prison cannot be liable for murder for the considered lawful, there complained of is actually
executions performed by him because he is no crime. wrong there is a crime
was merely acting in lawful exercise of his but since the actor acted
office. without voluntariness,
 Doctrine of “SELF-HELP” under Art. 429 of there is no dolo nor
the Civil Code is applicable under this culpa.
paragraph. The article states that “The Since there is no crime, Since there is a crime
owner or lawful possessor of a thing has the nor a criminal, there is committed though there
right to exclude any person from the also no criminal or civil is no criminal, there is
enjoyment and disposal thereof. For this liability. (except Art. 11, civil liability. (Except Art.
purpose, he may use such force as may be par. 4) 12, par. 4 and 7, where
reasonably necessary to repel or prevent an there is no civil liability)
actual or threatened unlawful physical
invasion or usurpation of his property
. 1. Imbecility vs. Insanity
6. Obedience to an order issued for some lawful
purpose Insanity exists when there is a complete deprivation
of intelligence or freedom of the will. Mere abnormality
Requisites: of mental faculties is not enough especially if the
a. That an order has been issued by a superior. offender has not lost consciousness of his acts.
b. That such order must be for some lawful
purpose. Imbecility exists when a person, while of advance
c. That the means used by the subordinate to age, has a mental development comparable to that of
carry out said order is lawful. children between two and seven years of age.

 An insane person is not so exempt if it can be
shown hat he acted during a lucid interval. But an
imbecile is exempt in all cases from criminal
liability.
 People vs. Formigenes (87 Phil 661) –
feeblemindedness is not exempting but can be
considered as mitigating.
 Somnambulism or sleepwalking must be clearly
proven to be considered as an exempting
circumstance under this Article; the acts of the
sleepwalker should not be voluntary
Two tests of insanity:
a. Test of COGNITION – complete deprivation of
intelligence in committing the crime.
b. Test of VOLITION – total deprivation of freedom
of will.
 In the Philippines, both cognition and volition
tests are applied. There must be complete
deprivation of the intellect (cognition) or will or
freedom (volition)
 The defense must prove that the accused was
insane at the time of commission of the crime
because the presumption is always in favor of
sanity.
What are the effects of the insanity of the
accused?
a. At the time of the commission of the crime –
exempt
b. During trial – proceedings suspended, accused is
committed to a hospital
c. After judgment or while serving sentence –
execution of judgment is suspended, the
accused is committed to a hospital. The period of
confinement in the hospital is counted for the
purpose of the prescription of the penalty.
 The fact that a person behaves crazily is not
conclusive that he is insane. The prevalent
meaning of the word “crazy” is not synonymous
with the legal terms “insane,” “non compos
mentis,” “unsound mind,” “idiot,” or “lunatic.” The
popular conception of the word “crazy” is being
used to describe a person or an act unnatural or
out of the ordinary. A man may behave in a crazy
manner but it does not necessarily and
conclusively prove that he is legally so. (People
vs. Florendo, G.R. No. 136845, October 8, 2003)
Minority
(Amended and superseded by RA 9344)
JUVENILE JUSTICE AND WELFARE ACT OF
2006 (RA 9344)
A. Minimum Age of Criminal Responsibility (Section
6)
1. A child 15 years of age or under at the time of
commission of offense shall be exempted from
criminal liability. The child shall be subjected to
an intervention program pursuant to Sec. 20 of
the Act:
a. The child referred herein shall be released to
the custody of his/her parents or guardian, or
in the absence thereof, the child’s nearest
relative.
b. If the parents, guardians or nearest relatives
cannot be located, or if they refuse to take
custody, the child shall be released to a duly
registered nongovernmental or religious
organization, a Barangay official or a
member of the Barangay Council for the
Protection of Children (BCPC); or when
appropriate, the DSWD.
c. If the child referred herein is found to be
abandoned, neglected or abused by his
parents, or in the event that the parents will
not comply with prevention program, the
DSWD will file the petition for involuntary
commitment pursuant to “The Child and
Youth Welfare Code” (Section 20)
2. A child above 15 years but below 18 years of age
shall likewise be exempted from criminal liability
and be subjected to intervention program
pursuant to Section 20, unless he/she has acted
with discernment.
If the child referred herein acted with
discernment, he/she shall undergo diversion
programs without undergoing court proceedings
subject to the following conditions: (Section 23)
a. Where the imposable penalty is not more
than 6 years of imprisonment, the Punong
Barangay or law enforcement officer shall
conduct mediation, family conferencing and
conciliation.
b. Where the imposable penalty exceeds 6
years imprisonment, diversion measures
may be resorted to only by the court.
B. Exemption from criminal liability herein
established does not include exemption from civil
liability.
C. The child in conflict with the law shall enjoy the
presumption of minority until he/she is proven to
be 18 years old or older (Section 7, par. 1).
D. The prosecutor shall conduct a preliminary
investigation and file an information upon
determination of probable cause in the following
instances (Section 33):
1. When the child in conflict with the law does
not qualify for diversion.
2. When the child, his/her parents or guardian
does not agree to diversion.
3. Upon determination by the prosecutor that
diversion is not appropriate for the child in
conflict with the law.
E. Automatic Suspension of Sentence – Once the
child who is under 18 years of age at the time of
commission of the offense is found guilty of the
offense charged, the court shall determine and
ascertain any civil liability which may have
resulted from the offense committees. However,
instead of pronouncing the judgment of
conviction the court shall place the child in
conflict with law under suspended sentence,
without need of application and impose the
appropriate disposition measures as provided in
the Supreme Court Rule on Juveniles in Conflict
with the Law. (Section 38).
F. Upon recommendation of the social worker who
has custody of the child, the court shall order the
final discharge of the child. The discharge of the
child in conflict with the law shall not affect the
civil liability resulting from the commission of the
offense (Section 39).
General Rule: For minors above 15 or below 18, they
are exempted because the presumption is that they
acted without intelligence.
Exception: The minor acted with discernment
Discernment – mental capacity to fully appreciate the
consequences of an unlawful act.
Discernment may be shown by:
1. The manner the crime was committed; or
2. The conduct of the offender after its commission.
Summary of Rules
 If the judgment is an acquittal, the decision shall
immediately take effect without suspension and
the decision shall be promulgated and
pronounced.
 If the judgment is conviction the promulgation of
the decision and the sentence shall be
suspended by the court, the minor shall be
ordered to undergo intervention which shall have
the following effects.
a. If after the intervention, there is reform on
the part of the minor, the minor shall be
returned to the court to dismiss the criminal
case and dismiss the charges against the
minor.
b. If after the intervention, there is no reform,
the minor shall be returned to the court for
the promulgation of the decision against the
minor; and then the court shall either decide
on the sentence or extend the intervention
Note: Only when there is (1) refusal to be subjected to
reformation or (2) when there is failure to reform can
the child be subjected to criminal prosecution and the
judicial system.
4. Accident without fault or intention of causing
it
Accident - is an occurrence that happens
outside the sway of our will, and although it
comes about through some act of our will, it lies
beyond the bounds of humanly foreseeable
consequences.
Basis: Lack of negligence or intent.
Elements:
 A person is performing a lawful act;
 With due care;
 He causes injury to another by mere
accident;
 Without fault or intention of causing it.
5. A person who acts under the compulsion of
an irresistible force
Elements:
a. That the compulsion is by means of physical
force.
b. That the physical force must be irresistible.
c. That the physical force must come from a
third person.
 Passion and obfuscation cannot amount to
irresistible force.
Basis: Complete absence of freedom or
voluntariness
 The force must be so irresistible as to reduce
the actor to a mere instrument who act not
only without will but against his will.
IRRISISTIBLE UNCONTROLLABLE
FORCE FEAR
Offender uses violence or Offender employs debility; and left the child in a thicket were
physical force to compel intimidation or threat in said child died, is not liable for infanticide
another person to commit compelling another to because it was physically impossible for her
a crime commit a crime, to take home the child. (People vs. Bandian,
63 Phil 530)
6. Uncontrollable fear
The severe dizziness and extreme debility of
Elements: the woman constitute an insuperable cause.
a. That the threat which causes the fear is of an
evil greater than, or at least equal to, that ABSOLUTORY CAUSES – are those where the act
which he is required to commit; committed is a crime but for reasons of public policy
b. That it promises an evil of such gravity and and sentiment, there is no penalty imposed.
imminence that the ordinary man would have
succumbed to it. Other examples of absolutory causes:

 Duress as a valid defense should be based 1. Spontaneous desistance (Art. 6)

on real, imminent, or reasonable fear for 2. Attempted or frustrated light felonies (Art. 7)
one’s life or limb and should not be 3. Accessories who are exempt from criminal
speculative, fanciful, or remote fear. liability by reason or relationship (Art. 20) and in
 The compulsion must be of such character light felonies
as to leave no opportunity to the accused for 4. Slight or less serious physical injuries inflicted
escape or self-defense in equal combat. under exceptional circumstances (Art. 247)
5. Persons exempt from criminal liability for theft,
Actus me invito factus non est meus actus – swindling and malicious mischief (Art. 332)
An act done by me against my will is not my act. 6. Instigation
7. Trespass to dwelling when the purpose of
7. Insuperable cause entering another’s dwelling against the latter’s
Insuperable cause – some motive which has will is to prevent some serious harm to himself,
lawfully, morally or physically prevented a person the occupants of the dwelling or a third person, or
to do what the law commands. for the purpose of rendering some service to
humanity or justice, or when entering cafes,
 Applies to felonies by omission. taverns, inns and other public houses, while the
same are open (Art. 280, par. 2)
Elements: 8. Marriage of the offender and the offended party in
a. That an act is required by law to be done. cases of seduction, abduction, acts of
b. That a person fails to perform such act. lasciviousness and rape. (Art. 344)
c. That his failure to perform such act was due 9. Adultery and concubinage if the offended party
to some lawful or insuperable cause. shall have consented or pardoned the offenders.
(Art. 344)
Examples:
a. The municipal president detained the  Entrapment is NOT an absolutory cause. A
offended party for three days because to buy-bust operation conducted in
take him to the nearest justice of the peace connection with illegal drug-related offenses
required a journey for three days by boat as is a form of entrapment.
there was no other means of transportation.
(US vs. Vicentillo, 19 Phil. 118) ENTRAPMENT INSTIGATION
Ways and means are Instigator induces the
The distance which required a journey for resorted to for the would-be accused to
three days was considered an insuperable capture of lawbreaker in commit the crime, hence
cause. the execution of his he becomes a co-
criminal plan principal
Note: Under the law, the person arrested The means originates The law enforcer
must be delivered to the nearest judicial from the mind of the conceives the
authority at most within 36 hours under Art. criminal. commission of the crime
125 RPC, otherwise, the public officer will be and suggests to the
liable for arbitrary detention. accused who adopts the
idea and carries it into
b. A mother who at the time of childbirth was execution
overcome by severe dizziness and extreme Not a bar to the It will result in the
prosecution and acquittal of the accused.  But in the case of “incomplete self-defense,
conviction of the defense of relatives, and defense of a
lawbreaker. stranger”, unlawful aggression must be
present, it being an indispensable requisite.
 If the one who made the instigation is a private  Considered as a privilege mitigating
individual, not performing public function, both he circumstance and therefore penalty is one or
and the one induced are criminally liable for the two degrees lower than that provided for by
crime committed: the former, as principal by law under Article 69.
induction and the latter, as principal by direct
participation. 2. Under 18, or over 70 years old
 It is the age of the accused at the time of the
commission of the crime which should be
CHAPTER THREE determined. His age at the time of the trial is
CIRCUMSTANCES WHICH MITIGATE immaterial.
CRIMINAL LIABILITY
Legal effects of various ages of offender
ARTICLE 13 15 and below – exempting
MITIGATING CIRCUMSTANCES
Above 15 but under 18 – exempting unless acted
MITIGATING CIRCUMSTANCES – those which, if with discernment. But even with discernment,
present in the commission of the crime, do not entirely penalty is reduced by one (1) degree lower than
free the actor from criminal liability, but serve only to that imposed. (Art. 68, par. 2, amended by RA
reduce the penalty. 9344)

 One single fact cannot be made the basis of
more than one mitigating circumstance. Hence, a
mitigating circumstance arising from a single fact
absorbs all the other mitigating circumstances
arising from the same fact.
Basis: Diminution of either freedom of action,
intelligence, or intent, or on the lesser perversity of
the offender.
Minor delinquent under 18 years of age –
sentence suspended (Art. 192, PD 603 as
amended by PD 1179, referred to as Children in
Conflict with the Law under RA 9344)
Child in Conflict with the Law – refers to a child
who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine
Laws

18 years or over – full criminal responsibility

CLASSES ORDINARY PRIVILEGED
Source Subsections 1- Art. 68, 69 and 70 years or over – mitigating, no imposition of
10 of Art. 13 64 of RPC death penalty; if already imposed, execution of
(RPC) death penalty is suspended and commuted
As to the effect If not offset (by It operates to
an aggravating reduce the Basis: Diminution of intelligence
circumstance), penalty by one
it will operate to to two degrees 3. No intention to commit so grave a wrong
have the depending upon (Praeter Intentionem)
penalty what the law
imposed at its provides Rule for the Application:
minimum Can be taken into account only when the facts
period, provided proven show that there is a notable and evident
the penalty is a disproportion between the means employed to
divisible one. execute the criminal act and its consequences.
As to offset May be offset Cannot be  Intention may be ascertained by considering:
by aggravating offset a. the weapon used
circumstance b. the part of the body injured
c. the injury inflicted
1. Incomplete justifying or exempting d. the manner it is inflicted
circumstances
 Applies, when all the requisites necessary to  Not applicable to felonies by negligence.
justify the act or to exempt from criminal  Not applicable to felonies where intention is
liability are NOT attendant. immaterial.
  Not appreciated in murder qualified by
treachery (Reyes).  “Immediate” allows for a lapse of time unlike
 Intent at the time of the commission of the in sufficient provocation, as long as the
felony, not during the planning stage, should offender is still suffering from the mental
be considered. agony brought about by the offense to him.
 “Grave offense” is not limited to that defined
Basis: Intent is diminished. by law but includes any act that is offensive
to the offender or his relatives and the same
4. Provocation or threat need not be unlawful.

Provocation – any unjust or improper conduct or PROVOCATION VINDICATION

act of the offended party, capable of exciting, It is made directly only to The grave offense may
inciting or irritating any one. the person committing be committed also
the felony. against the offender’s
Requisites: relatives mentioned by
a. The provocation must be sufficient. law.
 Sufficient means adequate to excite a The cause that brought The offended party must
person to commit the wrong and must
about the provocation have done a grave
accordingly be proportionate to its need not be a grave offense to the offender or
gravity (People vs. Nabora, 73 Phil 434,
offense. his relatives mentioned
435) by law.
 As to whether or not the provocation is
It is necessary that the The vindication of the
sufficient depends upon (a) the act
provocation or threat grave offense may be
constituting the provocation, (b) the
immediately preceded proximate, which admits
social standing of the person provoked,
the act. of an INTERVAL of time.
(c) the place and time when the
provocation is made.
Basis to determine gravity of offense in
vindication:
b. It must originate from the offended party.
a. social standing of the person
c. The provocation must be personal and
b. place
directed to the accused
c. time when the insult was made
d. The provocation must be immediate to the
commission of the crime by the person who
6. Passion or obfuscation
is provoked.
 The infliction of injury must be immediate
 The threat should not be offensive and
from the act that caused passion or
positively strong. Otherwise, the threat to
obfuscation
inflict real injury is an unlawful aggression
which may give rise to self-defense.
It requires that:
a. The accused acted upon an impulse.
Basis: Diminution of intelligence and intent.
b. The impulse must be so powerful that it
naturally produced passion or obfuscation in
The liability of the accused is mitigated only
him.
insofar as it concerns the harm inflicted on the
person who made the provocation, but not with
Requisites:
regard to the other victims who did not participate
a. That there be an act, both unlawful and
in the provocation (US vs. Malabanan, 9 Phil.
sufficient to produce such a condition of
262)
mind;
b. That said act which produced the
5. Vindication of grave offense
obfuscation was not far removed from the
commission of the crime by a considerable
Requisites:
length of time, during which the perpetrator
a. That there be a grave offense done to the
might recover his normal equanimity.
one committing the felony, his spouse,
c. The act causing such obfuscation was
ascendants; descendants, legitimate, natural
committed by the victim himself.
or adopted brothers or sisters or relatives by
affinity within the same degrees;
b. That the felony is committed in immediate  A mitigating circumstance only when the
vindication of such grave offense. same arose form lawful sentiments.
  May lawfully arise from causes existing only  Person in authority – one directly
in the honest belief of the offender. vested with jurisdiction which is the
power to govern and to execute the
Basis: Loss of reasoning and self-control, laws, whether as an individual or as a
thereby diminishing the exercise of his will power. member of some court or governmental
corporation, board or commission.
Passion or Obfuscation is NOT Mitigating  Agent of a person in authority – one
when committed: who by direct provision of the law or by
a. In the spirit of lawlessness, or election or by appointment by
b. In a spirit of revenge competent authority, is charged with the
maintenance of public order and the
--- PROVOCATION protection and security of life and
Produced by an impulse The provocation comes property and any person who comes to
which may be caused by from the injured party the aid or persons in authority (Art. 152,
provocation as amended by RA 1978)
The offense need not be Must immediately c. That the surrender was voluntary.
immediate. It is only precede the commission
required that the of the crime. When surrender voluntary
influence thereof lasts A surrender to be voluntary must be
until the moment the spontaneous, showing the intent of the accused
crime is committed. to submit himself unconditionally to the
authorities, either because:
a. he acknowledges his guilt; or
b. he wishes to save them the trouble and
--- --- expense necessarily incurred in his search
It is a mitigating It is an exempting and capture.
circumstance circumstance
Cannot give rise to Requires physical force.  Intention to surrender without actually
irresistible force because surrendering is not mitigating.
passion or obfuscation
does not involve physical Requisites of voluntary plea of guilty:
force. a. That the offender spontaneously confessed
The passion or Must come from a third his guilt.
obfuscation is in the person b. That the confession of guilt was made in
offender himself open court, that is, before the competent
Must arise from lawful Is unlawful court that is to try the case;
sentiments c. That the confession of guild was made prior
to the presentation of evidence for the
Passion and obfuscation cannot CO-EXIST prosecution; and
with: d. That the confession of guilt was to the
a. vindication of grave offense offense charged in the information.
b. treachery
Reason: plea of guilty is an act of repentance
7. Surrender and confession of guilt and respect for the law; it indicates a moral
disposition in the accused, favorable to his reform
Two mitigating circumstances:
a. Voluntary surrender to a person in authority Basis: lesser perversity of the offender.
or his agents.
b. Voluntary confession of guild before the 8. Physical defect of offender
court prior to the presentation of evidence for  When the offender is deaf and dumb, blind
the prosecution. or other wise suffering form some physical
 If both are present, there will be two defect, restricting his means of action,
independent circumstances. defense or communication with other
 The physical defect must relate to the
Requisites of voluntary surrender: offense committed. E.g. blindness does not
a. That the offender had not been actually mitigate estafa
arrested;
b. That the offender surrendered himself to a 9. Illness of the offender
person in authority or to the latter’s agent
 Requisites:
a. That the illness of the offender must diminish
the exercise of his will-power.
b. That such illness should not deprive the
offender of consciousness of his acts.
 Includes illness of the mind not amounting to
insanity
Basis: Diminution of intelligence and intent
10. Similar or Analogous Circumstances
Examples:
1. Impulse of jealousy similar to passion and
obfuscation
2. Testifying for the prosecution, analogous to
plea of guilty
3. Over 60 years old with failing sight, similar to
over 70 years of age under par 2.
CHAPTER FOUR
CIRCUMSTANCES WHICH AGGRAVATE
CRIMINAL LIABILITY
AGGRAVATING CIRCUMSTANCE – are those,
which, if attendant in the commission of the crime,
serve to have the penalty imposed in its maximum
period provided by law for the offense or change the
nature of the crime.
Basis: Greater perversity of the offender manifested
in the commission of the felony as shown by:
1. The motivating power itself;
2. the place of the commission;
3. the means and ways employed;
4. the time; or
5. the personal circumstances of the offender, or the
offended party.
Kinds of aggravating circumstances:
1. Generic – Those which apply to all crimes, such
as;
a. Advantage taken of public position:
b. Contempt or insult of public authority;
c. Crime committed in the dwelling of the
offended party;
d. Abuse of confidence or obvious
ungratefulness;
e. Place where crime is committed;
f. Nighttime, uninhabited place, or band;
g. Recidivism;
h. Habituality;
i. Craft, fraud, or disguise;
j. Unlawful entry;
k. Breaking of parts of the house;
l. Use of persons under 15 years of age
2. Specific – those which apply only to specific
crimes, such as ignominy in crimes against
chastity and cruelty and treachery which are
applicable only to crimes against persons.
a. Disregard of rank, age, or sex due the
offended party in crimes against persons and
honor;
b. Abuse of superior strength or means be
employed to weaken the defense;
c. Treachery in crimes against persons;
d. Ignominy in crimes against chastity;
e. Cruelty in crimes against persons;
f. Use of unlicensed firearm in the murder or
homicide committed therewith
 This is absorbed in rebellion,
insurrection, sedition, and attempted
coup d’etat. (RA 8294)
3. Qualifying – those that change the nature of the
crime.
 Alevosia (treachery) or evident premeditation
qualifies the killing of a person to murder.
 Art. 248 enumerates the qualifying
aggravating circumstances which qualify the
killing of a person to murder
4. Inherent – those which of necessity accompany
the commission of the crime, therefore not
considered in increasing the penalty to be
imposed, such as:
a. Evident premeditation in robbery, theft,
estafa, adultery and concubinage;
b. Abuse of public office in bribery;
c. Breaking of a ---- unlawful entry into a house
in robbery with the use of force upon things;
d. Fraud or estafa
e. Deceit or simple ---
f. --- in rape
5. Special – those which arise under special
conditions to increase the penalty of the offense
and cannot be offset by mitigating circumstances,
such as:
a. Quasi-recidivism (Art. 160);
b. Complex crimes (Art. 48);
c. Error in personae (Art. 49);
d. Taking advantage of public position and
membership in an organized/syndicated
crime group (----, Art. 62).
GENERAL QUALIFYING
AGGRAVATING AGGRAVATING
Increases the penalty To give the crime its
which should be imposed power and exclusive
upon the accused to the name and to place the
maximum period but author thereof in such a
without exceeding the
limit prescribed by law.
---------------
May be offset by a
mitigating circumstance
situation as to ---- no
other penalty than that
specially prescribed by
law for said crime.
-----------
Cannot be offset by a
mitigating circumstance
circumstances are not presumed. (People v.
Legaspi G.P. Nos. 136164-64, April 20, 2001)
6. When there is more than one qualifying
aggravating circumstance present, one of them
will be appreciated as qualifying aggravating
while the others will be considered as generic
aggravating.

Rules on aggravating circumstances

1. Aggravating circumstances shall not be
appreciated if:
a. They constitute a crime specially punishable
by law; or
b. They are included by the law in defining a
crime and prescribing a penalty therefore
Example: That the crime be committed by means
of fire explosion (Art. 14, par. 12) is in itself a
crime of arson (Art. 321) or a crime involving
destruction (Art. 324). It is not to be considered to
increase the penalty for the crime of arson or for
the crime involving destruction.
2. The same rule shall apply with respect to any
aggravating circumstances inherent in the crime
to such a degree that it must of necessity
accompany the commission thereof. (Art. 62, par.
2)
Example: Evident premeditation is inherent in
theft, robbery, estafa, adultery and concubinage.
3. Aggravating circumstances which arise:
a. From the moral attributes of the offender; or
b. From his private relations with the offended
party; or
c. From any personal cause, shall only serve to
aggravate the liability of the principals,
accomplices and accessories as to whom
such circumstances are attendant (Art. 62,
par. 3) even if there was conspiracy.
ARTICLE 14
AGGRAVATING CIRCUMSTANCES
Par. 1 – That advantage be taken by the offender
of his public position.
Basis: Greater perversity of the offender as shown by
the means of personal circumstance of the offender
and by the means used to secure the commission of
the crime.
 Applicable only when the offender is a public
officer.
 The public officer must use the influence,
prestige or ascendancy which his office gives him
as the means by which he realizes his purpose.
 This circumstance cannot be taken into
consideration in offenses where taking advantage
of official position is made by law an integral
element of the crime, such as in malversation
under Art, 217, or in falsification of a document
committed by public officers under Art. 171
 Taking advantage of a public position is also
inherent in the case of accessories under Art. 19,
par. 3 (harboring, concealing, or assisting in the
escape of the principal of the crime), and in
crimes committed b public officers (Arts. 204-
245).
Par. 2 – That the crime be committed in contempt
of or with insult to the public authorities.

4. The circumstances which consist:
a. In the material execution of the act, or
b. In the means employed to accomplish it,
shall serve to aggravate the liability of those
persons only who had knowledge of them at
the time of the execution of the act or their
cooperation therein. Except when there is
proof of conspiracy in which case the act of
one is deemed to be the act of all, regardless
of lack of knowledge of the facts constituting
the circumstance. (Art. 62, par. 4)
Basis – Greater perversity of the offender as shown
by his lack of respect for the public authorities.
Requisites of this circumstance:
1. That the public authority is engaged in the
exercise of his functions.
2. That the public authority is not the person against
whom the crime is committed.
3. The offender knows him to be a public authority.
4. His presence has not prevented the offender
from committing the criminal act.

5. Aggravating circumstances, regardless of its
kind, should be specifically alleged in the
information AND proved as fully as the crime
itself in order to increase the penalty. (Sec. 9,
Rule 110, 200 Rules of Criminal Procedure) such
Public authority – sometimes also called a person in
authority, is a public officer who is directly vested with
jurisdiction, that is, a public officer who has the power
to govern and execute the laws; whether as an
individual or as a member of some court, government
corporation, board or commission like a mayor,
councilor, governor, barangay captain and barangay
chairman. (Art. 152 RPC)
 Teachers or professors of a public or recognized
private school and lawyers are not public
authority within the contemplation of this
paragraph. While they are persons in authority
under Art, 152, that status is only for purposes of
Art. 148, direct assault and Art: 152 (resistance
and disobedience)
Agent of a person in authority – any person who,
by direct provision of law or by election or
appointment by competent authority, is charged with
the maintenance of public order and the protection
and security of life and property such as barrio
concilman, barrio policeman and barangay leader,
and any person who comes to the aid of persons in
authority. (Art. 152 RPC)
 Par 2 of Art. 14 does not apply when crime is
committed in the presence of an agent only.
Notes:
 Knowledge that a public authority is present is
essential. Lack of such knowledge indicates lack
of intention to insult the public authority.
 If crime committed is against the public authority
while in the performance of his duty, the offender
commits direct assault without this aggravating
circumstance.
Par. 3 – That act be committed:
1) With insult or in disregard of the respect due
the offended party on account of his (a) rank,
(b) age, or (c) sex, or
2) That it be committed in the dwelling of the
offended party, if the latter has not given
provocation.
Basis: Greater perversity of the offender, as shown
by the personal circumstance of the offended party
and the place of the commission of the crime.
 The four circumstances enumerated can be
considered singly or together. If all the four
circumstances are present, they have the weight
of one aggravating circumstance only.
 Disregard of rank, age or sex is essentially
applicable only to crimes against person or
honor. They are not taken into account in crimes
against property.
 To be appreciated as an aggravating
circumstance, there must be evidence that in the
commission of the crime, the offender
deliberately intended to offend or insult the sex,
age and rank of the offended party.
Rank of the offended party: the designation or title
of distinction used to fix the relative position of the
offended party in reference to others. There must be a
difference in the social condition of the offender and
the offended party.
Age of the offended party: may refer to old age or
the tender age of the victim
Sex of the offended party: refers to the female sex,
not to the male sex
The aggravating circumstance of disregard of
rank, age, or sex is NOT applicable in the
following cases:
1. When the offender acted with passion and
obfuscation.
2. When there exists a relationship between the
offended party and the offender.
3. When the condition of being a woman is
indispensable in the commission of the crime.
(e.g. in parricide, abduction, seduction and rape)
 Disregard of sex and age are not absorbed in
treachery because treachery refers to the manner
of the commission of the crime, while disregard of
sex and age pertains to the relationship of the
victim (people vs. Lapaz, March 31, 1989).
Dwelling – must be a building or structure,
exclusively used for rest and comfort. A
“combination of a house and a store” or a market stall
where the victim slept is not a dwelling.
 Dwelling includes dependencies, the foot of the
staircase and enclosure under the house
 The aggravating circumstance of dwelling
requires that the crime be wholly or partly
committed therein or in any integral part thereof.
 Dwelling does not mean the permanent
residence or domicile of the offended party or
that he must be the owner thereof. He must,
however, be actually living or dwelling therein
even for a temporary duration or purpose.
 It is not necessary that the accused should have
actually entered the dwelling of the victim to
commit the offense; it is enough that the victim
was attacked inside his own house, although the
assailant may have devised means to perpetrate
the assault. I.e. triggerman fired the shot from
outside the house, his victim was inside.
 Even if the killing took place outside the dwelling,
it is aggravating provided that the commission of
the crime begun in the dwelling.
 In People v. Balansi, 187 SCRA 566, it was held
that the victim need not be the owner or
occupant of the dwelling where he was shot,
since the stranger as a invited guest, is sheltered
by the same floor and protected by the same
 intimacy of life it affords. It may not be his house
but it is even for a brief moment, home to him.
What aggravates the commission of the crime in
one’s dwelling:
1. The abuse of confidence which the offended
party reposed in the offender by opening the door
to him; or
2. The violation of the sanctity of the home by
trespassing therein with violence or against the
will of the owner.
Dwelling was found aggravating in the following
cases although the crime was committed NOT in
the dwelling of the victims:
1. The victim was raped in the boarding house
where she was a bedspacer;
2. The victim were raped in paternal home where
they were guests at that time;
3. The victims, while sleeping as guests in the
house of another person, where shot to death.
The Code speaks of “dwelling” NOT domicile.
Meaning of provocation in the aggravating
circumstance of dwelling:
The provocation must be:
1. Given by the owner of the dwelling,
2. Sufficient, and
3. Immediate to the commission of the crime.
 If all these conditions are present, the offended
party is deemed to have given the provocation,
and the fact that the crime is committed in the
welling of the offended party is NOT an
aggravating circumstance.
Reason: When it is the offended party who has
provoked the incident, he loses his rights to the
respect and consideration due him in his own house.
Dwelling is NOT aggravating in the following
cases:
1. When both the offender and the offended party
are occupants of the same house, and this is true
even if offender is a servant in the house.
 EXCEPTION: In case of adultery in the
conjugal dwelling, the same is aggravating.
However, if the paramour also dwells in the
conjugal dwelling, the applicable aggravating
circumstance is abuse of confidence.
2. When robbery is committed by the use of force
upon things, dwelling is not aggravating because
it is inherent.
 But dwelling is aggravating in robbery with
violence against or intimidation of persons
because this class of robbery can be
committed without the necessity of
trespassing the sanctity of the offended
party’s house.
3. In the crime of trespass to dwelling, it is inherent
or included by law in defining the crime.
4. When the owner of the dwelling gave sufficient
and immediate provocation
 There must exist a close relation between
the provocation made by the victim and the
commission of the crime by the accused.
5. The victim is not a dweller of the house.
Par. 4 – That the act be committed with
(1) abuse of confidence, or
(2) obvious ungratefulness.
Basis: Greater perversity of the offender as shown by
the means and ways employed.
 Par. 4 provides two aggravating circumstances
which, if present in the same case must be
independently appreciated.
 While one may be related to the other in the
factual situation in the case, they cannot be
lumped together as abuse of confidence requires
a special confidential relationship between the
offender and the victim, but this is not so in
ungratefulness.
Requisites of abuse of confidence:
1. That the offended party had trusted the offender.
2. That the offender abused such trust by
committing a crime against the offended party.
3. That the abuse of confidence facilitated the
commission of the crime.
 The confidence between the offender and the
offended party must be immediate and personal.
Hence, an employee of the government cannot
be accused of this with respect to his employer
since their relationship is not personal.
Note: Abuse of confidence is inherent in malversation
(Art. 217), qualified theft (Art. 310), estafa by
conversion or misappropriation (Art. 315), and
qualified seduction (Art. 337).
Requisites of obvious ungratefulness:
1. That the offended party had trusted the offender;
2. That the offender abused such trust by
committing a crime against the offended party.
3. That the act be committed with obvious
ungratefulness.
 The ungratefulness contemplated by par. 4 must
be such clear and manifest ingratitude on the part
of the accused.
 Where the accused is the uncle of the victim and
who had taken shelter in the house of the victim’s
parents, the rape he committed against his niece
 is attended with abuse of confidence and obvious 3) by a band, whenever such circumstance
ungratefulness. (People v. Cabresas, 244 SCRA may facilitate the commission of the
362) offense.

Par. 5 – That the crime be committed: Basis: Time and place of the commission of the crime
1) In the palace of and the means and ways employed.
the Chief Executive, or
2) In his presence,  When present in the same case and their
or element are distinctly palpable and can subsist
3) Where public independently, they shall be considered
authorities are engaged in the discharge separately.
of their duties, or
4) In a place When nighttime, uninhabited place or band
dedicated to religious worship. aggravating:
1. When it facilitated the commission of the crime
Basis: Greater perversity of the offender as shown by (objective); or
the place of the commission of the crime, which must 2. When especially sought for by the offender to
be respected. insure the commission of the crime or for the
purpose of impunity (subjective); or
 Must be dedicated to public religious worship; 3. When the offender took advantage thereof for the
private chapels not included. purpose of impunity (subjective).
 People vs. Jaurigue (76 Phil. 174, 182) – there
must be intention to desecrate the place Nighttime (obscuridad) – that period of darkness
dedicated to public religious worship. beginning at end of dusk and ending at dawn. Nights
 The President or Chief Executive need not be in are from sunset to sunrise.
the Palace to aggravate the liability of the
offender. As long as he was present, and his  Not by and itself an aggravating circumstance.
presence is known to the accused when he did  It is necessary that the commission of the crime
the crime, there is aggravating circumstance. was begun and completed at nighttime
 Except for the third which requires that official  The offense must be actually committed in the
functions are being performed at the time of the darkness of the night. When the place of the
commission of the crime, the other places crime is illuminated by light, nighttime is not
mentioned are aggravating per se even if no aggravating. Illumination may come from moon,
official duties or acts of religious worship are torch, or gasera.
being conducted there.  Circumstance of nocturnity, although not
 Cemeteries, however respectable they may be, specially sought for, shall aggravate criminal
are not considered as place dedicated to the liability if it facilitated the commission of the
worship of God. offense or the offender took advantage of the
 Offender must have intention to commit a crime same to commit the crime.
when he entered the place.
General Rule: Nighttime is absorbed in treachery.
PAR. 5 WHERE PUBLIC
PAR. 2 Exception: Where both the treacherous mode of
AUTHORITIES ARE
CONTEMPT OR INSULT attack and nocturnity were deliberately decided upon
ENGAGED IN THE
TO PUBLIC in the same case, they can be considered separately
DISCHARGE OF THEIR
AUTHORITIES if such circumstances have different factual bases.
DUTIES
Public authorities are in the performance of their Thus:
duties  In People vs. Berdida, et. al (June 30, 1966),
nighttime was considered since it was purposely
Place where public duty is performed
sought, and treachery was further appreciated
In their office Outside of their office because the victim’s hands and arms were tied
The offended party together before he was beaten up by the
accused.
May or may not be the Public authority should
public authority not be the offended party. Uninhabited place (despoblado) – one where there
are no houses at all; at place at a considerable
Par. 6 – That the crime be committed distance from town, or where the houses are
1) in the nighttime, or scattered at a great distance from each other.
2) in an uninhabited place, or
 What actually determines whether this
aggravating circumstance should be considered
against the accused, aside from the distance and
isolation of the place, is the reasonable possibility
of the victim receiving or securing aid from third
persons.
 This aggravating circumstance should not be
considered when the place where the crime was
committed could be seen and the voice of the
deceased could be heard from a nearby house.
 It must appear that the solitude of the place
where the crime was committed was sought in
order to better attain the purpose.
Band (en cuadrilla) – whenever more than three
(i.e., at least four) armed malefactors shall have acted
together in the commission of an offense, it shall be
deemed committed by a band.
 The requisite four armed persons contemplated
in this circumstance must all be principals by
direct participation who acted together in the
execution of the acts constituting the crime. In
this case, conspiracy is presumed.
 If one of them was a principal by inducement,
there would be no cuadrilla but the aggravating
circumstance of having acted with the aid of
armed men may be considered against the
inducer if the other two acted as his accomplice.
 This aggravating circumstance is absorved in the
circumstance of abuse of superior strength.
 This aggravating circumstance is not applicable
in crimes against chastity, but is considered in
crimes against property, crimes against persons,
illegal detention, and treason.
 This aggravating circumstance is inherent in
brigandage
 “Arm” may even refer to stone.
Par. 7 – That the crime be committed on the
occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or
misfortune.
Basis: Time of the commission of the crime.
Reason for the aggravation:
The debased form of criminality met in one who, in
the midst of a great calamity, instead of lending aid to
the afflicted, adds to their suffering by taking
advantage of their misfortune to despoil them.
Therefore, it is necessary that the offender took
advantage of the calamity or misfortune.
Par. 8 – That the crime be committed with the aid
of:
(1) armed men, or
(2) persons who insure or afford impunity.
Basis: Means and ways of committing the crime.
Requisites:
1. That armed men or persons took part in the
commission of the crime, directly or indirectly.
2. That the accused availed himself of their aid or
relied upon them when the crime was committed.
 This aggravating circumstance requires that the
armed men are accomplices who take part in that
minor capacity directly or indirectly, and not when
they were merely present at the crime scene.
Neither should they constitute a band, for then
the proper aggravating circumstance would be
“by a band.”
When this aggravating circumstance shall NOT be
considered:
1. When both the attacking party and the party
attacked were equally armed.
2. When the accused as well as those who
cooperated with him in the commission of the
crime acted under the same plan and for the
same purpose.
PAR. 8 “ WITH THE AID
PAR. 6 “BY A BAND
OF ARMED MEN
As to their number
Requires more than three At least two
armed malefactors (i.e.,
at least four)
As to the ------
Requires that more than This circumstance is
three armed malefactors present even if one of the
shall have acted together offenders merely relied
in the commission of an on their aid, for actual aid
offense. is not necessary.
As to their liability
Band members are all Armed men are mere
principals. accomplices.
 If there are four armed men, aid of armed men is
absorbed in employment of a band. If there are
three armed men or less, aid of armed men may
be the aggravating circumstance.
 “Aid of armed men” included “armed women
(People vs. Licop, 94 Phil. 839, 846)
Par. 9 – That the accused is a recidivist
(reincidencial)
Basis: Greater perversity of the offender, as shown
by his inclination to crimes.
Recidivist – one who, at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same title
of the RPC.
Note: A Recidivist is entitled to the benefits of the
Indeterminate Sentence Law but is disqualified from  People v. Logarto (196 SCRA 611) – Where the
availing credit of his preventive imprisonment. accused was convicted of Homicide on
September 15, 1983 and there being no appeal,
Requisites: judgment became final on October 1, 1983 and
1. That the offender is on trial for an offense; the second conviction was rendered on October
2. That he was previously convicted by final 26, 1983 for murder, he is a recidivist.
judgment of another crime;
3. That both the first and the second offenses are Par. 10 – That the offender has been previously
embraced in the same title of the Code; punished (1) for an offense to which the law
4. That the offender is convicted of the new offense. attaches an equal or greater penalty or (2) for two
or more crimes to which it attaches a lighter
Meaning of “at the time of his trial for one crime” penalty.
It is employed in its general sense, including the
rendering of the judgment. It is meant to include Basis: greater perversity of the offender, a shown by
everything that is done in the course of the trial, from his inclination to crimes
arraignment until after sentence is announced by the
judge in open court. Requisites of reiteracion or habituality:
1. That the accused is on trial for an offense;
 In recidivism it is sufficient that the succeeding 2. That he previously served sentence for another
offense be committed after the commission of the offense to which the law attaches an (not the
preceding offense provided that at the time of his penalty actually imposed):
trial for the second offense, the accused had a. Equal or
already been convicted of the first offense. b. Greater penalty, or
c. For two or more crimes to which it attaches a
 If both offenses were committed on the same lighter penalty than that for the new offense;
date, they shall be considered as only one, and
hence, they cannot be separately counted in 3. That he is convicted of the new offense
order to constitute recidivism. Also, judgments of
convicted handed down on the same day shall be
considered as only one conviction. REITERACION RECIDIVISM
Reason: Because the Code requires that to be As to the first offense
considered as separate convictions, at the time of It is necessary that the It is enough that a final
his trial for one crime the accused shall have offender shall have judgment has been
been previously convicted by final judgment of served out his sentence rendered in the first
the other. for the first offense. offense.
 To prove recidivism, it is necessary to allege the As to the kind of offenses involved
same in the information and to attach thereto The previous and Requires that the
certified copy of the sentences rendered against subsequent offenses offenses be included in
the accused. must not be embraced in the same title of the Code
the same title of the Code
 Recidivism must be taken into account no matter As to frequency
how many years have intervened between the
first and second felonies. Not always an Always to be taken into
aggravating circumstance consideration in fixing the
 Even if the accused was granted a pardon for the penalty to be imposed
first offense, but he commits another felony upon the accused
embraced in the same title of the Code, the first
conviction is still counted to make him a recidivist
since pardon does not obliterate the fact of his Four forms of repetition are:
prior conviction. 1. Recidivism (par. 9, Art. 14) Where a person, or
separate occasions, is convicted of two offenses
 The rule is different in the case of amnesty which embraced in the same title in the RPC. This is a
theoretically considers the previous generic aggravating circumstance.
transgressions as not punishable. According to 2. Reiteracion or Habituality (par. 10, Art. 14) –
Article 89, amnesty extinguishes the penalty and where the offender has been previously punished
all its effects. for an offense to which the law attaches an equal
 or greater penalty or for two crimes to which it
attaches a lighter penalty. This is a generic
aggravating circumstance.
3. Multi-recidivism or Habitual delinquency (Art.
62, par. 5) – where a person within a period of
ten years from the date of his release or last
conviction of the crimes of serious or less serious
physical injuries, robbery, theft, estafa or
falsification, is found guilty of the said crimes a
third time or oftener. This is an extraordinary
aggravating circumstance.
4. Quasi-recidivism (Art 160) – where a person
commits felony before beginning to serve or while
serving sentence of a previous conviction for
felony. This is a special aggravating
circumstance.
 Since reiteracion provides that the accused has
duly served the sentence for his previous
conviction/s, or is legally considered to have
done so, quasi-recidivism cannot at the same
time constitute reiteracion, hence this
aggravating circumstance cannot apply to a
quasi-recidivist.
 If the same set of facts constitutes recidivism and
reiteracion, the liability of the accused should be
aggravated by recidivism which can easily be
proven.
Par. 11 – That the crime be committed in
consideration of a price, reward or promise.
Basis: Greater perversity of the offender as shown by
the motivating power itself.
 To consider this circumstance, the price, reward
or promise must be the primary reason or
primordial motive for the commission of the
crime.
Whose liability is aggravated:
1. If alleged as a general circumstance – only the
liability of the receiver is affected.
2. If alleged as a qualifying circumstance – both the
liability of the giver and the receiver are affected.
 When this aggravating circumstance is present,
there must be two or more principals, the one
who gave or offered the price or promise and the
one who accepted it, both of whom are principals.
 If without previous promise it was given
voluntarily after the crime had been committed as
an expression of his appreciation for the
sympathy and aid shown by the other accused, it
should not be taken into consideration for the
purpose of increasing the penalty.
 The price, reward or promise need not consist of
or refer to material things or that the same were
actually delivered, it being sufficient that the offer
made by the principal by inducement be
accepted by the principal by direct participation
before the commission of the offense.
Par. 12 - That the crime be committed by means
of inundation, fire, poison, explosion, stranding of
a vessel or intentional damage thereto, derailment
of a locomotive, or by the use of any other artifice
involving great waste and ruin.
Basis: has reference to means and ways employed.
 When another aggravating circumstance already
qualifies the crime, any of these aggravating
circumstances shall be considered as generic
aggravating circumstance only.
 When there is no actual design to kill a person in
burning a house, it is plain arson even if a person
is killed. Had there been an intent to kill, the
crime committed is murder, qualified by
circumstance that the crime was committed “by
means of fire”
 “Fire,” “explosion,” and “derailment of locomotive”
may be part of the definition of particular crime,
such as, arson, crime involving destruction and
damaged and obstruction to means of
communication, in these cases, they do not serve
to increase the penalty.
 A killing committed through any of these qualifies
the crime to murder, except if arson was resorted
to but without intent to kill, in view of P.D. 1613
which provides a specific penalty for that
situation.
PAR. 7 ON THE
PAR. 12 “BY MEANS
OCCASION OF A
OF INUNDATION, FIRE,
CONFLAGRATION
ETC.”
SHIPWRECK, ETC.
The crime is committed The crime is committed
by means of any such on the occasion of a
acts involving great calamity or misfortune.
waste or ruin.
Note: Rules as to the use of fire:
1. Intent was only to burn but somebody died –
simple arson but with a specific penalty (Art. 326)
2. If fire was used as a means to kill – murder;
3. If fire was used to conceal the killing – separate
crimes of arson and murder/ homicide.
 Under R.A. 8294 which amend P.D 1866, when a
person commits any crime under the Revised
Penal Code or special laws with the use of
explosives including but not limited to pillbox,
Molotov cocktail bombs, denotation agents or
incendiary devices resulting in the death of a
person, the same is aggravating.
Par. 13 – That the act be committed with evident
premeditation
Basis: Has reference to the ways of committing the Basis: Has reference to the means employed in the
crime, because evident premeditation implies commission of the crime.
deliberate planning of the acts before executing it.
Craft (astucia) – involved the use of intellectual
Requisites: trickery or cunning on the part of the accused.
The prosecution must prove –
1. The time when the offender determined to  It is a chicanery resorted to by the accused to aid
commit the crime; in the execution of his criminal design. It is
2. An act manifestly indicating that the culprit has employed as a scheme in the execution of the
clung to his determination; and crime.
3. A sufficient lapse of time between the
determination and execution, to allow him to People v. Daos 60 Phil. 143, 154 – The act of the
reflect upon the consequences of his act and to accused pretending to be bona fide passengers in the
allow his conscience to overcome the resolution taxicab driven by the deceased, when they were act
of his will. so in fact, in order not to arouse his suspicion, and
then killing him, constituted craft.
 The essence of evident premeditation is that the
execution of the criminal act is preceded by cool Fraud (fraude) – insidious words or machinations
thought and reflection upon the resolution to used to induce the victim to act in a manner which
carry out the criminal intent within a space of time would enable the offender to carry out his design.
sufficient to arrive at a calm judgment. (People
vs. Abadies, GR No. 135975, August 14, 2002) FRAUD CRAFT
 There must be sufficient time between the
Where there is a direct The act of the accused
outward acts and the actual commission of the
inducement by insidious done in order not to
crime i.e. borrowed a bolo for purpose of
words or machinations, arouse the suspicion of
committing the crime early in the morning and
fraud is present. the victim constitutes
was lying in wait for some time before he
craft.
attacked his victim.
 Evident premeditation is presumed to exist when
 According to Justice Regalado, the fine
conspiracy is directly established. When
distinction between “craft” and “fraud” would not
conspiracy is merely implied, evident
really be called for as these terms in Art. 14 are
premeditation cannot be presumed, the latter
variants of means employed to deceive the victim
must be proved like any other fact. (People vs.
and if all are present in the same case, they shall
Sapigao, et. al., GR No. 144975, June 18, 2003)
be applied as a single aggravating circumstance.
 Premeditation is absorbed by reward or promise
 Craft and fraud may be absorbed in treachery if
but only insofar as the inducer is concerned since
they have been deliberately adopted as the
he obviously reflected thereon in planning the
means, methods or forms for the treacherous
crime but not the person induced since one can
strategy, or they may co-exist independently
be a principal by direct participation without the
where they are adopted for a different purpose in
benefit of due reflection.
the commission of the crime.
 When the offender decides to kill a particular
 For instance:
person and premeditate d on the killing of the
 In People vs. San Pedro (Jan 22, 1980),
latter, but when he carried out his plan he actually
where the accused pretended to hire the
killed another person, it cannot properly be said
driver in order to get his vehicle, it was held
that he premeditated on the killing of the actual
that there was craft directed to the theft of
victim.
the vehicle, separate from the means
 But if the offender premeditated on the killing of
subsequently used to treacherously kill the
any person, it is proper to consider against the defenseless driver.
offender the aggravating circumstance of  In People vs. Masilang (July 11, 1986) there
premeditation, because whoever is killed by him was also craft where after hitching a ride, the
is contemplated in his premeditation. accused requested the driver to take them to
 Evident premeditation, while inherent in robbery, a place to visit somebody, when in fact they
may be aggravating in robbery with homicide if had already planned to kill the driver.
the premeditation included the killing of the
victim. Disguise (disfraz) – resorting to any device to
conceal identity
Par. 14 – That (1) craft, (2) fraud, or (3) disguise be
employed
 The test of disguise is whether the device or The element of band is The gravamen of abuse
contrivance resorted to by the offender was appreciated when the of superiority is the taking
intended to or did make identification more offense is committed by advantage by the culprits
difficult, such as the use of a mask or false hair or more than three armed of their collective strength
beard. malefactors regardless of to overpower their
 But if inspite of the use of handkerchief to cover the comparative strength relatively weaker victim or
their faces, the culprits were recognized by the of the victim or victims. victims.
victim, disguise was not considered aggravating. Hence, what is taken into
account here is not the
Par. 15 – That (1) advantage be taken of superior number of aggressors nor
strength, or (2) means be employed to weaken the the fact that they are
defense. armed, but their relative
 Par. 15 enunciates two aggravating physical strength vis-à-vis
circumstances, namely, that advantage was the offended party.
taken of superior strength, or that means were
employed by the offender to weaken the defense  Abuse of superior strength absorbs cuadrilla
of the victim, either of which qualifies a killing to (band)
murder.
“Means employed to weaken defense”
Meaning of “advantage be taken” The offender employs means that materially weakens
To deliberately use excessive force that is out of the resisting power of the offended party.
proportion to the means for self-defense available to
the person attacked. (People vs. Lobrigas, et.al., GR Note: The means employed may amount to treachery
No. 147649, December 17, 2002) when the victims not able to put up any sort of
 The attack of the three (3) men all armed with resistance.
bladed weapons against an unarmed woman
whose body bore seventeen stab wounds, clearly Examples of “means employed to weaken
shows the presence of this circumstance. defense”:
1. Where one, struggling with another, suddenly
No advantage of superior strength in the throws a cloak over the head of his opponent and
following: while in this situation he wounds or kills him.
1. One who attacks another with passion and 2. One who, while fighting with another, suddenly
obfuscation does not take advantage of his casts sand or dirt upon the latter eyes and then
superior strength. wounds or kills him
2. When a quarrel arose unexpectedly and the fatal 3. when the offender, who had the intention to kill
blow was struck at a time when the aggressor the victim, made the deceased intoxicated,
and his victim were engaged against each other thereby materially weakening the latter’s resisting
as man to man power

 For abuse of superior strength, the test is the
relative strength of the offender and his victim,
whether or not he took advantage of his greater
strength.
 When there are several offenders participating in
the crime, they must all be principals by direct
participation and their attack against the victim
must be concerted and intended to be so.
 Abuse of superior strength is inherent in the
crime of parricide where the husband kills the
wife. It is generally accepted that the husband is
physically stronger that the wife.
 Abuse of superior strength is also present when
the offender uses a weapon which is out of
proportion to the defense available to the
offended party.
ABUSE OF SUPERIR
BY BAND
STRENGTH
 This circumstance is applicable only to crimes
against persons, and sometimes against person
and property, such as robbery with physical
injuries or homicide.
Par. 16 – That the act be committed with treachery
(alevosia).
Basis: has reference to the means and ways
employed in the commission of the crime.
Treachery (Alevosia) – is present when the offender
commits any of the crimes against person, employing
means, methods or forms in the execution thereof
which tend directly and specially to insure its
execution, without risk to himself arising from the
defense which the offended party might make.
Requisites of treachery:
1. That at the time of the attack, the victim was not
in a position to defend himself; and
2. That the offender consciously adopted the
particular means, method or form of attack
employed by him.
 The test of treachery is not only the relative
position of the parties but, more specifically,
whether or not the victim was forewarned or
afforded the opportunity to make a defense or to
ward off the attack.
Rules regarding treachery:
1. Applicable only to crimes against persons.
2. Means, methods or forms need not insure
accomplishment of crime.
3. The mode of attack must be consciously adopted
 Treachery is taken into account even if the crime
against the person is complexed with another
felony involving a different classification in the
Code.
 The suddenness of attack does not, of itself,
suffice to support a finding of alevosia, even if the
purpose was to kill, so long as the decision was
made all of a sudden and the victim’s helpless
position was accidental.
 Treachery must be appreciated in the killing of a
child even if the manner of attack is not shown. It
exists in the commission of the crime when the
adult person illegally attacks a child of tender
years and causes his death.
When must treachery be present:
When the aggression is continuous, treachery must
be present in the BEGINNING of the assault. (People
vs. Manalad, GR. No. 128593, August 14, 2002)
 Thus, even if the deceased was shot while he
was lying wounded on the ground, it appearing
that the firing of the shot was a mere continuation
of the assault in which the deceased was
wounded, with no appreciable time intervening
between the delivery of the blows and the firing of
the shot, it cannot be said that the crime was
attended by treachery.
 When the assault was not continuous, in that
there was interruption, it is sufficient that
treachery was present at the moment the fatal
blow was given. (US vs. Baluyot, 40 Phil 385)
 Hence, even though in the inception of the
aggression which ended in the death of the
deceased, treachery was not present, if
there was a break in the continuity of the
aggression and at the time of the fatal
wounds was inflicted on the deceased he
was defenseless, the circumstance of
treachery must be taken into account.
Alevosia should be considered even if:
1. The victim was not predetermined but there was
a generic intent to treacherously kill any first two
persons belonging to a class. (The same rule
obtains for evident premeditation).
2. There was aberratio ictus and the bullet hit a
person different from that intended. (The rule is
different in evident premeditation).
3. There was error in personae, hence the victim
was not the one intended by the accused. (A
different rule is applied in evident premeditation).
Reason for the rule: When there is treachery, it is
impossible for either the intended victim or the actual
victim to defend himself against the aggression.
Treachery absorbs (CAE-CAN)
1. Craft
2. Abuse of Superior Strength
3. Employing means to weaken the defense
4. Cuadrilla (“band”)
5. Aid of armed men
6. Nighttime
 Treachery cannot co-exist with passion or
obfuscation (People vs. Pansensoy, GR No.
140634, Sept. 12, 2002)
Par. 17 – That means be employed or
circumstances brought about which add ignominy
to the natural effects of the act.
Basis: Has reference to the means employed in the
commission of the crime.
Ignominy – a circumstance pertaining to the moral
order, which adds disgrace and obloquy to the
material injury caused by the crime.
Note: This is inherent in libel and acts of
lasciviousness.
Meaning of “which add ignominy to the natural
effects thereof”
The means employed or the circumstances brought
about must tend to make the effects of the crime more
humiliating to victim or to put the offended party to
shame, or add to his moral suffering. Thus it is
incorrect to appreciate ignominy where the victim was
already dead when his body was dismembered, for
such act may not be considered to have added to the
victim’s moral suffering or humiliation. (People vs.
Carmina, G.R. No. 81404, January 28, 1991)
 Killing a man in the presence of his wife does not
constitute ignominy as there no means was
employed nor did any circumstance surround the
act tending to make the effects of the crime more
humiliating. (US v. Abalgan 2 Phil. 417). But
raping a wife in the presence of the husband
shows ignominy and aggravates the offense.
 Applicable to: (1) crimes against chastity, (2) less
serious physical injuries, (3) light or grave
coercion, and (4) murder.
Par. 18 – That the crime be committed after an
unlawful entry.
Basis: Has reference to the means and ways
employed in the commission of the crime.
Unlawful entry – when an entrance is effected by a
way not intended for the purpose.
 Unlawful entry must be a means to effect
entrance and not for escape.
Reason for aggravation:
One who acts, not respecting the walls erected by
men to guard their property and provide for their
personal safety, shows a greater perversity, a greater
audacity; hence, the law punishes him with more
severity.
Unlawful entry is inherent in:
1. robbery with the use of force upon things
2. trespass to dwelling
Par. 19 – That as a means to the commission of a
crime, a wall, roof, floor, door, or window be
broken
Basis: Has reference to means and ways employed
to commit the crime.
 This circumstance is aggravating only in those
cases where the offender resorted to any of said
means to enter the house. If the wall, etc., is
broken in order to get out of the place, it is not
aggravating circumstance.
PAR. 19 PAR. 18
It involves the breaking Presupposes that there is
(rompimiento) of the no such breaking as by
enumerated parts of the entry through the window
house.
 If the offender broke a window to enable himself
to reach a purse with money on the table near
that window, which he took while his body was
outside of the building, the crime of theft was
attended by this aggravating circumstance. It is
not necessary that the offender should have
entered the building.
Par. 20 – That the crime be committed:
(1) with the aid of persons under fifteen
years of age, or
(2) by means of motor vehicles, airships, or
other similar means.
Basis: Has reference to the means and ways
employed in the commission of the crime
Two different circumstances grouped in this
paragraph:
1. With the aid of persons under fifteen years of
age.
 Tends to repress so far as possible, the
frequent practice resorted to by professional
criminals to avail themselves of minors
taking advantage of their irresponsibility
2. By means of motor vehicles, airships or other
similar means
 Intended to counteract the great facilities
found by modern criminals in said means to
commit crime and flee and abscond once
the same is committed
 Use of motor vehicle is aggravating where
the accused purposely and deliberately use
the motor vehicle (1) in going to the place of
the crime, (2) in carrying away the effects
thereof, and (3) in facilitating their escape.
Meaning of “or other similar means”
Should be understood as referring to motorized
vehicles or other efficient means of transportation
similar to automobile or airplane.
Par. 21 – That the wrong done in the commission
of the crime be deliberately augmented by
causing other wrong not necessary for its
commission.
Basis: Has reference to the ways employed in the
commission of the crime.
Cruelty – there is cruelty when the culprit enjoys and
delights in making his victim suffer slowly and
gradually, causing unnecessary physical pain in the
consummation of the criminal act.
Requisites of cruelty:
1. That the injury caused be deliberately increased
by causing other wrong;
2. That the other wrong be unnecessary for the
execution of the purpose of the offender.
 Cruelty is not inherent in crimes against persons.
In order for it to be appreciated, there must be
positive proof that the wounds found on the body
of the victim were inflicted while he was still alive
in order unnecessarily to prolong physical
suffering.
 Cruelty is inherent in mutilation.
 Number of wounds alone does not show cruelty,
it being necessary to show that the accused
deliberately and inhumanly increased the
sufferings of the victims. (People v. Aguinaldo, 55
Phil. 610, 615-616)
 If the victim was already dead when the acts of crime and the other conditions attending its
mutilation were being performed, this would also commission.
qualify the killing to murder due to outraging of
his corpse. Basis: The nature and effects of the crime and the
other conditions attending its commission.
IGNOMINY CRUELTY
(PAR. 17 (PAR. 21) The alternative circumstances are:
Involves moral suffering Refers to physical 1. Relationship;
suffering 2. Intoxication; and
3. Degree of instruction and education of the
 Unlike mitigating circumstances (par. 10, Art. 13), offender.
there is no provision for aggravating
circumstances of a similar or analogous Relationship
character. The alternative circumstance of relationship shall be
taken into consideration when the offended party is
OTHER AGGRAVATING CIRCUMSTANCES UNDER the –
SPECIAL PENAL LAWS a. Spouse,
b. Ascendant,
Under the Influence of Dangerous Drugs c. Descendant,
Sec. 17 of B.P. Blg. 179 promulgated on March 2, d. Legitimate, natural, or adopted brother or sister,
1982 provides: or
e. Relative by affinity in the same degree of the
“The provision of any law to the contrary offender.
notwithstanding, when a crime is committed by an
offender who is under the influence of dangerous Other relatives included:
drugs, such state shall be considered as qualifying 1. The relationship of stepfather or stepmother and
aggravating circumstance.” stepson or stepdaughter.

Use of Unlicensed Firearm Reason: it is the duty of the stepparents to

- Sec. 1 par. 3 of PD No. 1866 as amended by R. bestow upon their stepchildren a
A, 8294 says that if homicide or murder is mother’s/father’s affection, care and protection.
committed with the use of an unlicensed firearm,
such use of an unlicensed firearm shall be 2. The relationship of adopted parent and adopted
considered as an aggravating circumstance. child.
- Sec. 3 thereof provide that when a person  But the relationship of uncle and niece is not
commits nay crime under the Revised Penal covered by any of the relationship mentioned.
Code or Special Laws with the use of explosives
including but not limited to pillbox, molotv cocktail When relationship mitigating and when
bombs, denotation agents or incendiary devices aggravating.
resulting in the death of a person, the same is
aggravating. 1. In crimes against property, as a rule, relationship
is mitigating, by analogy to the provisions of Art.
Organized/Syndicated Crime Group under R.A. 332.
7659  Thus, relationship is mitigating in the crimes
The maximum penalty shall be imposed if the offense of robbery (Arts. 294-302), usurpation (Art.
was committed by any person who belong to an 312), fraudulent insolvency (Art. 314) and
organized/syndicated crime group. arson (Arts. 321-322, 325-326)
 Relationship is exempting in the crimes of
An organized/syndicated crime group means a group theft, estafa, and malicious mischief (Art.
of two or more persons collaborating, confederating or 332)
mutually helping one another for the purposes of gain
in the commission of any crime. (Art. 23, R.A. 7659) 2. In crimes against persons
a. It is aggravating where the offended party is
ARTICLE 15 a relative of
ALTERNATIVE CIRCUMSTANCES i. A higher degree than the offender, or
ii. When the offender and the offended
ALTERNATIVE CIRCUMSTANCES – those which party are relatives of the same level
must be taken into consideration as aggravating or (e.g. brothers)
mitigating according to the nature and effects of the
 b. But when it comes to any of the physical
injuries:
i. It is aggravating when the crime against
persons is serious physical injuries (Art.
263), even if the offended party is a
descendant of the offender. But the
serious physical injuries must not be
inflicted by a parent upon his child by
excessive chastisement.
ii. It is mitigating when the offense
committed is less serious physical
injuries or slight physical injuries, if the
offended party is a relative of a lower
degree; and aggravating if the offended
party is a relative of a higher degree of
the offender.
c. When the crime is homicide or murder,
relationship is aggravating even if the victim
of the crime is a relative of a lower degree
d. In rape, relationship is aggravating where a
stepfather raped his stepdaughter or in a
case where a father raped his own daughter.
3. In crimes against chastity, like acts of
lasciviousness (Art. 336), relationship is always
aggravating, regardless of whether the offender
is a relative of a higher or lower degree of the
offended party.
 When the qualification given to the crime is
derived from the relationship between the
offender and the offended party, it is neither
mitigating nor aggravating, because it is
inseparable from and inherent in the offense.
(e.g. parricide, adultery and concubinage).
When intoxication mitigating and when
aggravating:
1. Mitigating -
a. If intoxication is not habitual, or
b. If intoxication is not subsequent to the plan
to commit a felony.
2. Aggravating –
a. If intoxication is habitual, or
b. If it is intentional (subsequent to the plan to
commit a felony) – drinks fully, knowing its
effects, to find a stimulant to commit a crime
or a means to suffocate nay remorse
Habitual Drunkard – one given to intoxication by
excessive use of intoxicating drinks
 To be mitigating, the
accused’s state of intoxication must be proved.
Once intoxication is established by satisfactory
evidence, in the absence of proof to the contrary,
it is presumed to be non-habitual or unintentional.
Instruction or Education
 As an alternative
circumstance, does not refer only to literary but
more to the level of intelligence of the accused
 Refers to the lack of
sufficient intelligence and knowledge of the full
significance of one’s acts
 Low degree of
instruction and education or lack of it is generally
mitigating. High degree of instruction and
education is aggravating, when the offender took
advantage of his learning in committing the
crime.
General rule: Lack of sufficient education is
mitigating.
Exceptions:
1. Crimes against property (e.g. arson, estafa, theft,
robbery)
2. Crimes against chastity, and
3. Treason – because love of country should be a
natural feeling of every citizen, however
unlettered or uncultured he may be.
4. Murder.
5. Rape (Malesa v, Director of Prisons, 59 Phil. 406,
408)
TITLE TWO: PERSONS CRIMINALLY LIABLE FOR
FELONIES
ARTICLE 16
WHO ARE CRIMINALLY LIABLE
For grave and less grave felonies:
1. Principals
2. Accomplices
3. Accessories

To be entitled to the mitigating circumstance of For light felonies:

intoxication, it must be shown: 1. Principals
2. Accomplices
1. That at the time of the commission of the criminal
act the accused has taken such quantity of  Punishable ONLY
alcoholic drinks as to blur his reason and deprive WHEN consummated.
him of a certain degree of control, and  Accessories are NOT
2. That such intoxication is not habitual or liable for light felonies.
subsequent to the plan to commit the felony.
 Reason: In the commission of light felonies, the
social wrong as well as the individual prejudice is
so small that penal sanction is deemed not
necessary for accessories.
 The classification of
the offenders as principal, accomplice, or an
accessory is essential under the RPC. The
classification may be applied to special laws only
if the latter provides for the same graduated
penalties as those provided under the RPC.
Two parties in all crimes:
1. Active subject (the criminal)
 Art. 16 enumerates the active subjects of the
crime.
 Only natural persons can be the active
subject of crime because of the highly
personal nature of the criminal responsibility.
Reasons:
a. Under the RPC, persons act with personal
malice or negligence, artificial persons
cannot act with malice or negligence
b. A juridical person like a corporation cannot
commit a crime that requires willful purpose
or malicious intent
c. There is substitution of deprivation of liberty
for pecuniary penalties in insolvency cases
d. Other penalties like destierro and
imprisonment are executed on individuals
only.
2. Passive subject (the injured party)
 The holder of the injured right: the man, the
juristic person, the group, and the State
 Corporation and partnership can be a
passive subject of a crime.
 Corpses and animals cannot be passive
subjects because thy have no rights that
may be injured.
Exception: Under Art. 253, the crime of
defamation may be committed if the
imputation tends to blacken the memory of
one who is dead.
 This article applies
only when the offenders are to be judged by their
individual and not collective, liability.
ARTICLE 17
PRINCIPALS
The following are principals:
1. Principal by direct participation - Those who
take a direct part in the execution of the act.
2. Principal by Induction – Those who directly
force or induce others to commit it.
3. Principal by indispensable cooperation –
Those who cooperates in the commission of the
offense by another act without which it would not
have been accomplished.
Par. 1 – Principals by direct participation
Requisites:
1. That they participated in the criminal resclution;
and
2. That they carried out their plan and personally
took part in its execution by acts which directly
tended to the same end.
 When the second
requisite is lacking, there is only conspiracy.
In conspiracy by prior agreement, the principal by
direct participation who does not appear at the
scene of the crime is NOT liable because:
1. His non-appearance is deemed desistance which
is favored and encouraged;
2. Conspiracy is generally not a crime unless the
law specifically provides a penalty therefore. (Art.
8) Thus, by merely conspiring, the would be
participator has not yet committed any crime
unless he would appear at the scene of the crime
and perform any act directly or indirectly in the
accomplishment of the conspiracy;
3. There is no basis for criminal liability because
there is no criminal participation.
Meaning of “personally took part in its execution”
That the principal by direct participation must be at
the scene of the commission of the crime, personally
taking part in its execution except when there is
conspiracy and the principal by direct participation
has already performed his part prior to the actual
commission of the crime.
Par. 2 – Principals by induction
Requisites:
1. That the inducement be made directly with the
intention of procuring the commission of the
crime; and
2. That such inducement be the determining cause
of the commission of the crime by the material
executor.
 One cannot be held
guilty of having instigated the commission of the
crime without first being shown that the crime
was actually committed (or attempted) by
another.
Thus, there can be NO principal by inducement
(or by indispensable cooperation) unless there is
a principal by direct participation. But there can
 be a principal by direct participation without a command is a principal by direct
principal by inducement (or by indispensable participation. There is also collective
cooperation). criminal responsibility.

 The inducement must Requisites:

be the determining cause of the commission of i. That the one uttering the words of
the crime by the principal by direct participation, command must have the intention of
that is without such inducement, the crime would procuring the commission of the crime;
not have been committed ii. That the one who made the command
 The inducement must must have an ascendancy or influence
precede the act and must be so influential, hence over the person who acted;
if there is a price or reward involved, without prior iii. That the words used must be so direct,
promise, there can be no inducement so efficacious, so powerful as to amount
 If the crime committed to physical or moral coercion;
is not contemplated in the order given, iv. The words of command must be uttered
inducement is not material and not the prior to the commission of the crime;
determining cause thereof. v. The material executor of the crime has
no personal reason to commit the crime.
Two ways of becoming principal by induction:
1. By directly forcing another to commit a crime by:  The inducement must
a. Using irresistible force. precede the act induced and must be so
influential in producing the criminal act that
Irresistible force – such physical force as without it, the act would not have been
would produce an effect upon the individual performed.
that inspite of all resistance, it reduces him to
a mere instrument.  If the person who
actually committed the crime had no reason of
b. Causing uncontrollable fear his own to commit the crime, it cannot be said
that the inducement was influential in producing
Uncontrollable Fear - compulsion by means the criminal act.
of intimidation or threat that promises an evil
of such gravity and eminence that the OFFENDER WHO MADE
PRINCIPAL
ordinary man would have succumbed to it. PROPOSAL TO
INDUCEMENT
(U.S. vs. Elicanal, 35 Phil 209, 212, 213) COMMIT A FELONY
 In these cases, there is no conspiracy, When liable
not even a unity of criminal purpose and
intention. Only the one using the force Becomes liable only The mere proposal to
or causing the fear is criminally liable. when the crime is commit a felony is
The material executor is not criminally committed by the punishable in treason or
liable because of Art. 12, pars. 5 and 6 principal by direct rebellion. However, the
(exempting circumstances) participation. person to whom the
proposal is made should
2. By directly inducing another to commit a not commit the crime,
crime by otherwise, the proponent
a. Giving of price or offering of reward or becomes a principal by
promise inducement.
 The one giving the price or offering What kind of crime involved
the reward or promise is a principal
Involves any crime The proposal to be
by inducement while the one
punishable must involve
committing the crime is
only treason, rebellion,
consideration thereof is a principal
insurrection or coup d’
by direct participation. There is
etat. (TRIC)
collective criminal responsibility.
Effects of acquittal of principal by direct
b. Using words of command
participation upon liability of principal by
 The person who used the words of
inducement:
command is a principal by inducement
1. Conspiracy is negated by the acquittal of co-
while the person who committed the
defendant.
crime because of the words of
2. One cannot be held guilty of having instigated the
commission of a crime without first being shown
that the crime has been actually committed by
another.
 But if the one charged as principal by direct
participation is acquitted because he acted
without criminal intent or malice, his acquittal
is not a ground for the acquittal of the
principal by inducement.
Reason for the rule: In exempting
circumstances, such as when the act is not
voluntary because of lack of intent on the
part of the accused, there is a crime
committed, only that the accused is not a
criminal.
Par. 3 – Principal by indispensable cooperation
Requisites:
1. Participation in the criminal resolution, that is,
there is either anterior conspiracy or unity of
criminal purpose and intention immediately
before the commission of the crime charged; and
 Requires participation in the criminal
resolution
 There must be conspiracy
 Concurrence is sufficient
 Cooperation is indispensable
2. Cooperation in the commission of the offense by
performing another act, without which it would not
have been accomplished.
 Cooperation must be indispensable
 If dispensable, accused is only an
accomplice
 If cooperation is necessary in the execution
of the offense, accused is considered as a
principal by direct participation
Meaning of “cooperation in the commission of the
offense” – to desire or wish in common a thing. But
that common will or purpose does not necessarily
mean previous understanding, for it can be explained
or inferred from the circumstances of each case.
Collective Criminal Responsibility
 This is present when
the offenders are criminally liable in the same
manner and to the same extent. The penalty to
be imposed must be the same for all.
 Principals by direct
participation have collective criminal
responsibility. Principals by induction except
those who directly forced another to commit a
crime and principals by direct participation have
collective criminal responsibility. Principals by
indispensable cooperation have collective
criminal responsibilities with the principals by
direct participation.
Individual Criminal Responsibility
 In the absence of any
previous conspiracy, unity of criminal purpose
and intention immediately before the commission
of the crime, or community of criminal design, the
criminal responsibility arising from different acts
directed against one and the same person is
individual and not collective, and each of the
participants is liable only for the act committed by
him.
ARTICLE 18
ACCOMPLICES
Accomplices – are persons who, not acting as
principals, cooperate in the execution of the offense
by previous and simultaneous acts, which are not
indispensable to the commission of the crime.
They act as mere instruments who performs acts not
essential to the perpetration of the offense.
Requisites:
1. That there be community of design; that is,
knowing the criminal design of the principal by
direct participation, he concurs with the latter his
purpose;
 Mere knowledge of the criminal resolution
only and not concurrence or participation.
2. That he cooperates in the execution of the
offense by previous or simultaneous acts, with
the intention of supplying material or moral aid in
the execution of the crime in an efficacious way;
and
3. That there be a relation between the acts done
by the principal and those attributed to the person
charged as an accomplice.
 Before there could be
an accomplice, there must be a principal by direct
participation.
 The person charged
as an accomplice should not have inflicted a
mortal wound. If he inflicted a mortal wound, he
becomes a principal by direct participation.
 In case of doubt, the
participation of the offender will be considered
that of an accomplice rather than that of a
principal.
ACCOMPLICE CONSPIRATOR
In both they know and agree with the criminal design
They come to know They come to know the
about it after the criminal intention
principals have reached because they themselves
the decision, and only have decided upon such 1. Public officers who harbor, conceal or assist in
then do they agree to course of action. the escape of the principal of any crime (not light
cooperate in its felony) with abuse of his public functions.
execution.
They are merely They are the authors of a Requisites:
instruments who perform crime. a. The accessory is a public officer.
acts not essential to the b. He harbors, conceals, or assists in the
perpetration of the escape of the principal.
offense c. The public officer acts with abuse of his
public functions.
d. The crime committed by the principal is any
ARTICLE 19 crime, provided it is not a light felony.
ACCESSORIES
2. Private persons who harbor, conceal or assist in
Accessories – are those who: the escape of the author of the crime who is
1. Having knowledge of the commission of the guilty of treason, parricide, murder, or attempts
crime; and against the life of the President, or who is known
to be habitually guilty of some other crime.
2. Without having participated therein either as
principals or accomplices, take part subsequent Requisites:
to its commission in any of the following acts: a. The accessory is a private person.
a. By profiting themselves or assisting the b. He harbors, conceals or assists in the
offender to profit by the effects of the crime. escape of the author of the crime.
 In profiting by the effects of the crime, c. The crime committed by the principal is
the accessory must receive the property either: (TP-MAH)
form the principal. He should not take it i. Treason;
without the consent of the principal. If he ii. Parricide;
took it without the consent of the iii. Murder;
principal. If he took it without the iv. An attempt against the life of the
consent of the principal, he is not an President; or
accessory but a principal in the crime of v. That the principal is known to be
theft. habitual guilty of some other crime.
 Knowledge of the commission of the
crime after acquisition of stolen property  Where the alleged
is sufficient principal is acquitted , it is neither proper nor
possible to convict the defendant as an
b. By concealing or destroying the body, effects accessory. The responsibility of the accessory is
or instruments of the crime to prevent its subordinate to that of the principal in a crime.
discovery.
However, conviction of an accessory is possible
“Body of the crime” is equivalent to corpus notwithstanding the acquittal of the principal, if
delicti. the crime was in fact committed, but the principal
was not held liable, because of an exempting
Requisites: circumstance (Art. 12), such as insanity or
i. The fact that the crime was committed. minority.
ii. The participation of the offender in the
commission of the crime.  Neither the letter nor
c. By harboring, concealing, or assisting in the the spirit of the law requires that the principal be
escape of the principal of the crime, provided convicted before one may be punished as an
the accessory acts with abuse of his public accessory. As long as the corpus delicti is proved
functions or whenever the author of the and the accessory’s participation as such is
crime is guilty of treason, parricide, murder shown, he can be held criminally responsible and
or an attempt to take the life of the Chief meted out the corresponding penalty (Inovero vs.
Executive or is known to be habitual guilty of Coronel, CA, 65 O.G. 3160).
some other crime.
 The prescribed acts of
Two classes of accessories contemplated in par. 3 the accessory under par. 2 must have been
of Art. 19:
 intended to prevent the discovery of the crime; ART. 19, RPC P.D. 1829
hence, mere silence is NOT punishable.
The principal who was The person who was
Exceptions: assisted committed only assisted committed any
a. If, however, the crime involved is conspiracy any of the enumerated crime.
to commit treason, his silence may hold him felonies unless the
liable for misprision of treason (Art. 116) but accessory is a public
as a principal thereof. officer who acts with
b. Knowingly concealing the evil practices abuse of public functions
enumerated in Art. 142 is also punishable as The crime committed by The crime committed by
a principal in Inciting to Sedition (Art. 142). the principal must be the principal is
under the RPC punishable under any
3. Where the accused misleads the authorities by existing penal law,
giving them false information, such act is including the RPC
equivalent to concealment and he should be held The person who gave The person who gave
as an accessory. assistance is punished as assistance is punished as
an accessory in the a principal in the crime of
offense committed by the obstruction of justice.
ANTI FENCING LAW OF 1979 principal
Presidential Decree 1612
Note: For further discussion on PD 1829, see section
Fencing – an act, with intent to gain, of buying, on Special Penal Laws.
selling, receiving, possessing, keeping, or in any other
manner dealing in anything of value which a person
knows or should have known to be derived from the ARTICLE 20
proceeds of the crime of robbery or theft ACCESSORIES WHO ARE
EXEMPT FROM CRIMINAL LIABILITY
Fence – a person who commits the act of fencing. A
fence who receives stolen property as above-provided The exemption provided for in this article is based on
is not an accessory but a principal in the crime the ties of blood and the preservation of the
defined in and punished by the Anti-Fencing Law cleanliness of one’s name, which compels one to
conceal crimes committed by relatives so near as
 Mere possession of those mentioned in this article.
anything of value which has been the subject of
robbery or theft shall be prima facie evidence of An accessory is exempt from criminal liability
fencing. when the principal is his –
1. spouse, or
2. ascendant , or
PENALIZING OBSTRUCTION OF 3. descendant, or
APPREHENSION AND PROSECUTION OF 4. legitimate, natural or adopted brother, sister or
CRIMINAL OFFENDERS relative by affinity within the same degree.
Presidential Decree 1829
Accessory is NOT exempt from criminal liability
 P.D. 1829 – penalizes even if the principal is related to him, if such
the act of any person who knowingly or willfully accessory:
obstructs, impedes, frustrates or delays the 1. profited by the effects of the crime, or
apprehension of suspects and the investigation 2. assisted the offender to profit by the effects of the
and prosecution of criminal cases. crime.
 The acts enumerated
under this decree are commonly referred to as Reason: Because such acts are prompted not by
“OBSTRUCTION OF JUSTICE.” It penalizes inter affection but by a detestable greed
----- the act of harboring, or concealing, or
facilitating the escape of any person he knows or  The public officer
has reasonable ground to believe or suspect, has contemplated in par. 3 of Art. 19 is exempt by
committed any offense under existing penal laws reason of relationship to the principal, even if
in order to prevent his arrest, prosecution and such public officer acted with abuse of h is official
conviction. Here, he shall be punished as a functions.
principal in the crime of obstruction of justice.
 Reason: Ties of blood or relationship constitutes
a more powerful incentive than the call of duty.
Note: The benefits of the exception in Art. 20 do not
apply to PD 1829.
TITLE THREE: PENALTIES
CHAPTER ONE: PENALTIES IN GENERAL
(ARTS. 21-24)
PENALTY – is the suffering that is inflicted by the
State for the transgression of the law.
Different juridical conditions of penalty: P2 – C3EL
1. Must be productive of suffering, without however
affecting the integrity of the human personality
2. Must be commensurate with the offense –
different crimes must be punished with different
penalties.
3. Must be personal – no one should be punished
for the crime of another.
4. Must be legal – it is the consequence of a
judgment according to law.
5. Must be certain – no one may escape its effects.
6. Must be equal for all
7. Must be correctional
Purpose of the state in punishing crimes: The
State has an existence of its own to maintain, a
conscience to assert and moral principles to be
vindicated. Penal Justice must therefore be exercised
by the State in the service and satisfaction of a duty,
and rests primarily on the moral rightfulness of the
punishment inflicted.
 The basis of the right
to punish violations of penal law is the police
power of the State.
Theories justifying penalty:
1. Prevention – to prevent or suppress the danger
to the State arising from the criminal act of the
offender.
2. Self-defense – so as to protect the society form
the threat and wrong inflicted by the criminal
3. Reformation – the object of punishment in
criminal cases is to correct and reform the
offender
4. Exemplarity – the criminal is punished to serve
as an example to deter others from committing
crimes.
5. Justice – that crime must be punished by the
State as an act of retributive justice, a vindication
of absolute right and moral law violated by the
criminal.
Three-fold purpose of penalty under the code:
1. Retribution or expiation – the penalty is
commensurate with the gravity of the offense
2. Correction or reformation – shown by the rules
which regulate the execution of the penalties
consisting in deprivation of liberty
3. Social defense – shown by its inflexible severity
to recidivists and habitual delinquents
Constitutional restriction on penalties: The
Constitution directs that “excessive fines shall not be
imposed, nor cruel and unusual punishment inflicted.
(Sec. 19 {1}, Art. 3)
ARTICLE 21
PENALTIES THAT MAY BE IMPOSED
 A felony shall be
punishable only by the penalty prescribed by law
at the time of its commission.
 It is guaranty to the
citizen of this country that no ac of his will be
considered criminal until the Government has
made it so by law and has provided a penalty.
Reason: Because a law cannot be rationally
obeyed unless it is first shown, and a man cannot
be expected to obey an order that has not been
given.
ARTICLE 22
RETROACTIVE EFFECT OF PENAL LAWS
General rule: Penal laws are applied prospectively.
Exception: When retrospective application will be
favorable to the person guilty of a felony, provided
that:
1. The offender is NOT a habitual criminal
(delinquent) under Art. 62(5);
2. The new or amendatory law does NOT provide
against its retrospective application.
Habitual delinquent – a person who, within a period
of ten years from the date of his release or last
conviction of the crimes of serious or less serious
physical injuries, robbery, theft, estafa, or falsification,
is found guilty of any said crimes a third time or
oftener
Ex post facto law – an act which when committed
was not a crime, cannot be made so by statute
violating the constitutional inhibition as to ex post
facto laws.
An ex post facto law is one which:
1. Makes criminal an act done before the passage
of the law and which was innocent when done;
2. Aggravates a crime, or makes it greater than it
was, when committed;
3. Changes the punishment and inflicts a greater
punishment than the law annexed to the crime
when committed;
4. Alters the legal rules of evidence, and authorizes
conviction upon a less or different testimony than
the law required at the time of the commission of
the offense;
5. Assumes to regulate civil rights and remedies
only, in effect imposing a penalty on deprivation
of a right for something which when done was
lawful; and
6. Deprives a person accused of a crime of some
lawful protection to which he has become
entitled, such as the protection of a former
conviction or acquittal, or a proclamation of
amnesty.
 If retroactive effect of
a new law is justified, it shall apply to the
defendant even if he is:
1. presently on trial for the offense;
2. has already been sentenced but service of
which has not begun; or
3. already serving sentence.
 The retroactive effect
of criminal statutes does not apply to the culprit’s
civil liability.
Reason: The rights of offended persons or
innocent third parties are not within the gift of
arbitrary disposal of the State.
 No retroactive effect even when favorable to
the accused – if the new law is expressly made
inapplicable to pending actions or existing causes
of action (Tavera v. Valdez, 1 Phil. 468)
 The provisions of Art.
22 are applicable even to special laws which
provide more favorable conditions to the
accused.
Criminal liability under the repealed law subsists.
1. When the provisions of the former law are
reenacted; or
 The right to punish offenses committed
under an old penal law is not extinguished if
the offenses are still punishable in the
repealing penal law.
2. When the repeal is by implication; or
 When a penal law, which impliedly repealed
an old law, is itself repealed, the repeal of
the repealing law revives the prior penal law,
unless the language of the repealing statute
provides otherwise.
 If the repeal is absolute, criminal liability is
obliterated.
3. When there is a saving clause.
 When the repeal is absolute, the offense
ceases to be criminal. (People v. Tamayo, 61
Phil. 226)
Note: No retroactive effect of penal laws as regards
jurisdiction of court. The jurisdiction of the court to try
a criminal action is to be determined by the law in
force at the time of instituting the action, not at the
time of the commission of the crime
 Jurisdiction of courts in criminal cases is
determined by the allegations of the complaint or
information, and not by the findings the court may
make after trial. (People v. Romualdo, 887 Phil.
641, 642)
ARTICLE 23
EFFECT OF PARDON BY THE
OFFENDED PARTY
General rule: Pardon by the offended party does
NOT extinguish the criminal liability of the offender.
Reason: A crime committed is an offense against the
State. Only the Chief Executive can pardon the
offenders.
Note: In criminal cases, the intervention of the
aggrieved parties is limited to being witnesses for the
prosecution.
 Compromise upon
the civil liability arising from an offense may be
had; but such compromise shall not extinguish
the public action for the imposition of the legal
penalty. (Art. 2034, Civil Code)
 A contract stipulation
for the renunciation of the right to prosecute an
offense or waiving the criminal liability is VOID.
(Arts. 1306, 1352, 1409, Civil Code)
Exception: Pardon by the offended party will bar
criminal prosecution in the following crimes:
Adultery and Concubinage (Art. 344, RPC)
 EXPRESS or
IMPLIED pardon must be given by offended party
to BOTH offenders.
 Pardon must be given
PRIOR to institution of criminal action.
Seduction, Abduction, Acts of Lasciviousness The offended party The offended party may
(Art. 344, RPC) cannot pardon the waive the indemnity.
 EXPRESS pardon offender so as to relieve
given by offended party or her parents or him of the penalty
grandparents or guardian

Note: People vs. Lacson ([CA] 55 OG 9460) held ARTICLE 24

the pardon by the parents, standing alone, is MEASURES OF PREVENTION OR SAFETY WHICH
efficacious. Too, the express pardon of a person ARE NOT CONSIDERED PENALTIES
guilty of attempted abduction of a minor, granted
by the latter’s parents, is not sufficient to remove The following are NOT considered as penalties:
criminal responsibility, but must be accompanied 1. The arrest and temporary detention of accuse
by the express pardon of the girl herself. persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their
 Pardon must be given confinement in a hospital.
PRIOR to the institution of the criminal action. 2. The commitment of a minor to any of the
However, marriage between the offender and the institutions mentioned in Art. 80 (now Art. 192,
offended party EVEN AFTER the institution of the PD No. 603) and for the purposes specified
criminal action or conviction of the offender will therein.
extinguish the criminal action or remit the penalty 3. Suspension from the employment or public office
already imposed against the offender, his co- during the trial or in order to institute
principals, accomplices, and accessories after proceedings.
the fact. 4. Fines and other corrective measures which, in
the exercise of their administrative or disciplinary
Note: Not applicable in rape, where there are two powers, superior officials may impose upon their
or more principals involved and in case of subordinates.
multiple rape. 5. Deprivation of rights and the reparations which
the civil law may establish in penal form.
Rape (as amended by R.A. 8353)
The subsequent valid marriage between the offender Reasons why they are NOT penalties:
and the offended party shall extinguish criminal 1. They are not imposed as a result of judicial
liability or the penalty imposed. In case the legal proceedings. Those mentioned in paragraphs 1,
husband is the offender, subsequent forgiveness by 3, and 4 are merely preventive measures before
the wife as offended party shall also produce the conviction of offenders.
same effect. 2. The offender is not subjected to or made to suffer
 Pardon by the these measures in expiation of or as punishment
offended party under Art. 344 in ONLY A BAR to of a crime.
criminal prosecution; it is NOT a ground for
extinguishments of criminal liability.  Par. 1 does not refer
 CIVIL LIABILITY may to the confinement of an insane or imbecile who
be extinguished by the EXPRESS WAIVER of the has not been arrested for a crime. It refers to
offended party “accuses persons” who are detained “by reason
of insanity or imbecility.”
An offense causes 2 classes of injuries:
 Paragraphs 3 and 4
refer to administrative suspension and
SOCIAL INJURY PERSONAL INJURY
administrative fines and not to suspension or fine
Produced by the Caused to the victim of as penalties for violations of the RPC.
disturbance and alarm the crime who suffered
which are the outcome of damage either to his  The deprivations of
the offense. person, to his property, to rights established in penal form by the civil laws
his honor or to her is illustrated in the case of parents who are
chastity. deprived of their parental authority if found guilty
Is sought to be repaired Is repaired through of the crime of corruption of their minor children,
through the imposition of indemnity in accordance with Art. 332 of the Civil Code.
the corresponding
penalty  Where a minor
The State has an interest The State has no reason offender was committed to a reformatory
in this class of injury to insist in its payment. pursuant to Art. 80 (now, PD 603), and while thus
 detained he commits a crime therein, he cannot
be considered a quasi-recidivist since his
detention was only a preventive measure,
whereas a quasi-recidivism presupposes the
commission of a crime during the service of the
penalty for a previous crime.
CHAPTER TWO: CLASSIFICATION OF PENALTIES
(ARTS. 25-26)
ARTICLE 25
PENALTIES WHICH MAY BE IMPOSED
 The scale in Art. 25 is
only a general classification of penalties based
on their severity, nature and subject matter.
 The scale of penalties
in Art. 70 is provided for successive service of
sentences imposed on the same accused, in
consideration of their severity and natures.
 The scales in Art. 71
are for the purpose of graduating the penalties by
degrees in accordance with the rules in Art. 61.
Classification of penalties under article 25:
1. Based on their severity or gravity
a. Capital
b. Afflictive,
c. Correctional,
d. Light
 This classification corresponds to the
classification of felonies in Art. 9, into grave,
less grave and light.
2. Based on their nature
a. Principal penalties – those expressly
imposed by the court in the judgment of
conviction. May be further classified based
on divisibility.
i. Divisible – are those that have fixed
duration and are divisible into three
periods.
ii. Indivisible – are those which have no
fixed duration. These are:
1). Death
2). Reclusion Perpetua
3). Perpetual absolute or special
disqualification
4). Public censure
b. Accessory penalties – are those that are
deemed included in the principal penalties.
3. Based on subject matter
a. Corporal (death)
b. Deprivation of freedom (reclusion perpetua
and temporal, prision mayor and
correctional, arresto mayor and menor)
c. Restriction of freedom (destierro)
d. Deprivation of rights (Disqualification and
suspension).
e. Pecuniary (fine)
 Perpetual or temporary absolute
disqualification, perpetual or temporary
special disqualification, and suspension may
be principal or accessory penalties
Examples
1. Perpetual absolute disqualification is a principal
penalty in prevaricacion (Art. 204) and perpetual
special disqualification, in malversation (Art.
217).
2. Temporary absolute disqualification is a principal
penalty when the accessory acts with abuse of
public functions (Art.19{3} and Art. 58) and
temporary special disqualification, in direct
bribery (Art. 206).
3. Suspension is a principal penalty in rendition of
unjust interlocutory orders (Art. 206).
 Bond to keep the
peace is imposed only in the crime of threats (Art.
284), either grave (Art. 282) or light (Art. 283).
Note: Last June 24, 2006, President Gloria
Macapagal Arroyo signed RA No. 9346 An Act
Prohibiting the Imposition of Death Penalty in the
Philippines. Sec. 2 of said law provides that in lieu of
death penalty, the following shall be imposed:
a. The penalty of reclusion perpetua, when the law
violated makes use of the nomenclature of the
penalties of the Revised Penal Code; or
b. The penalty of the life imprisonment, when the
law violated does not make use of the
nomenclature of the penalties of the Revised
Penal Code
Under Sec. 5 of the said law, the Act shall take effect
immediately after its publication in two national
newspapers of general circulation.
ARTICLE 26
FINE – WHEN AFFLICTIVE, CORRECTIONAL OR
LIGHT
Fine is:
1. Afflictive – over P6,000.00
2. Correctional – P200.00 to 6,000.00
3. Light penalty – less than P200.00
 Same basis may be
applied by analogy to Bond to keep the peace.
 This article
determines the classification of a fine whether
imposed as a single or as an alternative penalty
for a crime.
 The rule herein does
not apply where the fine involved is in a
compound penalty, that is, it is imposed in
conjunction with another penalty. In this case, the
highest penalty shall be made the basis for
computing the period for the prescription of
crimes (Article 90).
 Where the fine in
question is exactly P200, under Art. 9 it is a light
felony, hence the felony involved is a light felony;
whereas under Art. 26, it is a correctional penalty,
hence the offense involved is a less grave felony.
It has been held that this discrepancy should be
resolved liberally in favor of the accused, hence
Art. 9 prevails over Art. 26 (People vs. Yu Hai, 99
Phil. 725).
HOWEVER, according to Justice Regalado there
is no such discrepancy. What is really in issue is
the prescription of the offense vis-à-vis the
prescription of the penalty, the former being the
forfeiture of the right of the State to prosecute the
offender and the latter being the loss of its power
to enforce the judgment against the convict.
Note: In determining the prescription of crimes, apply
Art. 9 (P200 fine is light felony). In determining the
prescription of penalty, apply Art. 26 (P200 fine
prescribes in 10 years).
CHAPTER THREE: DURATION AND EFFECTS OF
PENALTIES (ART. 27 – 45)
SECTION ONE – DURATION OF PENALTIES
ARTICLE 27
DURATION OF EACH DIFFERENT PENALTIES
Afflictive
1. Reclusion perpetua – 20 yrs. and 1 day to 40
yrs.
2. Reclusion temporal – 12 yrs. and 1 day to 20
yrs.
3. Prision mayor and temporary disqualification
– 6 yrs and 1 day to 12 yrs., except when
disqualification is an accessory penalty in which
case its duration is that of the principal penalty.
Correctional
4. Prision correccional, suspension and
destierro – 6 mos. and 1 day to 6 yrs., except
when suspension is an accessory penalty, in
which case its duration is that of the principal
penalty.
5. Arresto Mayor – 1 mo. And 1 day to 6 mos.
6. Arresto menor – 1 day to 30 days
7. Bond to keep the peace – the period during
which the bond shall be effective is discretionary
on the court. Bond for good behavior (Art. 284,
RPC), which is required of a person making a
grave or light threat, is not required to be given in
cases involving other crimes.
 Destierro is a
principal, correctional and divisible penalty.
In what cases is destierro imposed?
1. Serious physical injuries or death under
exceptional circumstances (Art. 247)
2. In case of failure to give bond for good behavior
(Art. 334)
3. As a penalty for the concubine in concubinage
(Art. 334)
4. In cases where after reducing the penalty by one
or more degrees, destierro is the proper penalty.
ARTICLE 28
COMPUTATION OF PENALTIES
1. When the offender is in prison – the duration of
temporary penalties is from the day on which the
judgment of conviction becomes final.
Reason: Under Art. 24, the arrest and temporary
detention of the accused is not considered a
penalty.
 Applies in cases of temporary penalties and
the offender is under detention (under
preventive imprisonment)
2. When the offender is not in prison – the
duration of penalties consisting in deprivation of
liberty, is from the day that the offender is placed
at the disposal of judicial authorities for the
enforcement of the penalty.
 This rule applies in cases of penalties
consisting in deprivation of liberty and the
offender is not in prison.
3. The duration of other penalties – the duration
is from the day on which the offender
commences to serve his sentence. Applies in
cases of :
a. Penalties consisting in deprivation of liberty
and the offender is undergoing preventive
imprisonment; but the offender is entitled to
a deduction of full time or 4/5 of the time of
his detention.
 b. Temporary penalties and the offender is not
under detention – because the offender is
released on bail.
ARTICLE 29
PERIOD OF PREVENTIVE IMPRISONMENT
DEDUCTED FROM TERM OF IMPRISONMENT
Preventive imprisonment – period of detention
undergone by an accused where the crime with which
he is charged is non-bailable or, even if bailable, he is
unable to post the requisite bail.
 These rules on
preventive imprisonment apply to all sentences
regardless of the duration thereof, including the
so-called perpetual penalties as long as they
involve deprivation of liberty. It applies to
destierro.
When is the detention prisoner entitled to the full
credit of his preventive imprisonment?
If the detention prisoner agrees voluntarily in writing to
abide by the same disciplinary rules imposed upon
convicted prisoners
When will he be credited only with four-fifths the
time during which he has undergone preventive
imprisonment?
If the detention prisoner does not agree to abide by
the same disciplinary rules imposed upon convicted
prisoners
 In the case of a
youthful offender who has been proceeded
against under the Child and Youth Welfare Code,
he shall be credited in the service of his sentence
with the full time of his actual detention, whether
or not he agreed to abide by the same
disciplinary rules of the institution.
The following offenders are NOT entitled to be
credited with the full time or four-fifths of the time
of preventive imprisonment.
1. Recidivists or those convicted previously twice or
more times of any crime.
2. Those who, upon being summoned for the
execution of their sentence failed to surrender
voluntarily.
 Habitual delinquents – are included in No.1.
 No. 2 refers to convicts who failed to voluntarily
surrender to serve their penalties under a final
judgment, since this is indicative of a greater
defiance of authority. It does NOT refer to failure
or refusal to voluntarily surrender after the
commission of the crime.
 The accused shall be released immediately
whenever he has undergone preventive
imprisonment for a period equal to or more than
the possible maximum imprisonment for the
offense charged.
SECTION TWO – EFFECTS OF THE PENALTIES
ACCORDING TO THEIR RESPECTIVE NATURE.
ARTICLE 30
EFFECTS OF THE PENALTIES OF
PERPETUAL OR TEMPORARY ABSOLUTE
DISQUALIFICATION
1. Deprivation of the public offices and
employments which the offender may have held,
even if conferred by popular election;
2. Deprivation of the right to vote in any election for
any popular elective office or to be elected to
such office;
3. Disqualification for the offices or public
employments and for the exercise of any of the
rights mentioned.
4. Loss of all rights to retirement pay or other
pension for any office formerly held.
 A plebiscite is NOT
mentioned or contemplated in Art. 30, par. 2
(deprivation of the right to vote), hence, the
offender may vote in that exercise, subject to the
provisions of pertinent election laws at the time.
 Perpetual absolute
disqualification is effective during the lifetime of
the convict and even after the service of the
sentence.
 Temporary absolute
disqualification lasts during the term of the
sentence, and is removed after the service of the
same.
Except:
a. Deprivation of the public office or
employment, and
b. Loss of all rights to retirement pay or other
pension for any office formerly held.
ARTICLE 31
EFFECTS OF THE PENALTIES OF
PERPETUAL OR TEMPORARY SPECIAL
DISQUALIFICATION
1. Deprivation of the office, employment, profession
or calling affected;
2. Disqualification for holding similar offices or
employments either perpetually or during the
term of the sentence, according to the extent of
such disqualification.
ARTICLE 32
 EFFECTS OF THE PENALTIES OF
PERPETUAL OR TEMPORARY SPECIAL
DISQUALIFICATION FOR THE EXERCISE OF THE
RIGHT OF SUFFRAGE
1. Deprive the offender perpetually or during the
term of the sentence of:
a. The right to vote in any popular election for
any public office, or
b. To be elected to such office.
2. Not be permitted to hold any public office during
the period of disqualification.
 Disqualification is
withholding of privilege, not a denial of right – a
restriction upon the right of suffrage or to hold
office.
Purpose: to preserve the purity of elections; one
rendered infamous by conviction of felony or
other base offenses indicative of moral turpitude
is unfit to exercise such rights.
ARTICLE 33
EFFECTS OF THE PENALTIES OF SUSPENSION
FROM ANY PUBLIC OFFICE, PROFESSION, OR
CALLING OR THE RIGHT OF SUFFRAGE
1. Disqualification from holding such office or
exercising such right or calling or right of suffrage
during the term of the sentence;
2. If suspended from the public office, the offender
cannot hold another office having similar
functions during the period of suspension.
ARTICLE 34
CIVIL INTERDICTION
1. Deprivation of the rights of parental authority or
guardianship of any ward;
2. Deprivation of marital authority;
3. Deprivation of the right to manage his property
and of the right to dispose of such property by
any act or any conveyance inter vivos.
 But he can dispose of such property by will
or donation mortis causa.
Civil interdiction is imposed when the penalty is:
1. Death which is not carried out,
2. Reclusion perpetua, or
3. Reclusion temporal
ARTICLE 35
EFFECTS OF BOND TO KEEP THE PEACE
1. The offender must present two sufficient sureties
who shall undertake that the offender will not
commit the offense sought to be prevented, and
that in case such offense be committed they will
pay the amount determined by the Court; or
2. The offender must deposit such amount with the
clerk of court to guarantee said undertaking; or
3. The offender may be detained, if he cannot give
the bond, for a period not to exceed 6 months if
prosecuted for grave or less grave felony, or for a
period not to exceed 30 days, if for a light felony.
 Bond to keep the
peace is different from bail bond which is posted
for the provisional release of a person arrested
for or accused of a crime.
ARTICLE 36
PARDON; ITS EFFECTS
Effects of pardon by the president:
1. A pardon shall not restore the right to hold public
office or the right of suffrage.
Exception: When any or both such rights is/are
expressly restored by the terms of the pardon.
2. It shall not exempt the culprit form the payment of
the civil liability.
Limitations upon the exercise of the pardoning
power:
1. That the power can be exercised only after
conviction “by final judgment”’
2. That such power does not extend to cases of
impeachment.
General rule: When the principal penalty is remitted
by pardon, only the effect of that principal penalty is
extinguished, but not the accessory penalties
attached to it.
Exception: When an absolute pardon is granted after
the term of imprisonment has expired, it removes
what is left of the consequences of conviction.
PARDON BY THE PARDON BY
CHIEF EXECUTIVE OFFENDED PARTY
(ART. 36 (ART. 23)
As to the crime covered
Can extend to any crime, Applies only to crimes
unless otherwise against chastity under the
provided by or subject to RPC and rape.
conditions in the
Constitution or the laws.
As to extinguishments of criminal liability
Extinguishes criminal Does not extinguish  No costs shall be
liability criminal liability allowed against the Republic of the Philippines,
Although it may constitute unless otherwise provided by law.
a bar to the prosecution  The payment of costs
of the offender in is a matter that rests entirely upon he discretion
seduction, abduction and of courts.
acts of lasciviousness by
the valid marriage of the
victim and the offender, ARTICLE 38
and in adultery and PECUNIARY LIABILITIES
concubinage, by the
express or implied What are the pecuniary liabilities of persons criminally
pardon by the offended liable?
spouses.
As to the effect of civil liability They are, in the following order: (RIFC)
1. Civil
Cannot affect the civil The offended party can a. The reparation of the damage caused
liability ex delicto of the waive the civil liability. b. Indemnification of the consequential
offender damages
----- 2. Pecuniary
a. Fine
Can be extended only Can be validly granted b. Costs of proceedings.
after conviction by final only before the institution
judgment of the accused. of the criminal action When is Article 38 applicable?
To whom granted In case the property of the offender should not be
sufficient for the payment of all his pecuniary
To any or all of the In seduction, abduction liabilities.
accused and acts of
lasciviousness, it benefits
the co-principals; ARTICLE 39
accomplices and SUBSIDIARY PENALTY
accessories;
In adultery and Subsidiary penalty – subsidiary personal liability to
concubinage, must be suffered by the convict who has no property with
include both offenders. which to meet the fine, at the rate of one day for each
As to whether it can be conditional eight pesos (P8.00), subject to the rules provided for
in Art. 39.
May be absolute or Cannot validly be made
conditional subject to a condition.
 Subsidiary penalty shall be proper only if the
accused has no property with which to pay
the fine, and not as a matter of choice on his
ARTICLE 37 part by opting to go to jail instead of paying.
COSTS
 Subsidiary penalty is not an accessory
penalty, hence it must be specifically
Costs or costs of suit – are the expenses of
imposed by the court in its judgment in its
litigation allowed and regulated by the Rules of Court
judgment, otherwise the accused cannot be
to be assessed against or to be recovered by a party
made to serve the corresponding subsidiary
in litigation.
imprisonment.
The following are included in costs:
Rules as to subsidiary penalty:
1. Fees, and
1. If the penalty imposed is prision correccional or
2. Indemnities, in the course of judicial proceedings.
arresto and fine – subsidiary imprisonment is not
exceed 1/3 of the term of the sentence, and in no
 Are chargeable to the case to continue for more than one year. Fraction
accused only in cases of conviction. In case of or part of a day, not counted.
acquittal, the costs are de oficio, meaning each 2. When the penalty imposed is fine only –
party bearing his own expenses. subsidiary imprisonment
a. not to exceed 6 months – if the culprit is
prosecuted for grave felony, and
 b. not to exceed 15 days – if prosecuted for b. Perpetual absolute disqualification, unless
light felony. expressly remitted in the pardon of the
3. When the penalty imposed is higher than prision principal penalty.
correccional – no subsidiary imprisonment.
4. If the penalty imposed is not to be executed by 3. Prision mayor
confinement, but of fixed duration – subsidiary a. Temporary absolute disqualification, and
penalty shall consist in the same deprivations as b. Perpetual special disqualification from
those of the principal penalty, under the same suffrage, unless expressly remitted in the
rules as nos. 1, 2, and 3 above. pardon of the principal penalty.
5. In case the financial circumstances of the convict
should improve, he shall pay the fine, 4. Prision correctional
notwithstanding the fact that the convict suffered a. Suspension from public office, profession or
subsidiary personal liability therefore. calling, and
b. Perpetual special disqualification from
 When the penalty prescribed for the offense is suffrage, if the duration of imprisonment
imprisonment, it is the penalty actually imposed exceeds 18 months, unless expressly
by the Court, not the penalty provided for by the remitted in the pardon of the principal
Code, which should be considered in determining penalty.
whether or not subsidiary penalty should be  There is perpetual special
imposed. disqualification form suffrage, only when
 Convict who suffered subsidiary penalty is NOT the duration of the imprisonment
relieved from paying the fine should his financial exceeds 18 months.
circumstances improve.
5. Arresto – suspension of the right to hold office
No subsidiary penalty shall be imposed there: and the right of suffrage during the term of the
1. The penalty imposed is higher than prision sentence.
correccional or 6 years  The Code does NOT provide for any
 Additional penalty for habitual delinquency accessory penalty for destierro.
should be included in determining whether or
not subsidiary penalty should be imposed. RECLUSION LIFE
2. For non-payment of reparation or indemnification. PERPETUA IMPRISONMENT
3. For no-payment of costs Has a specific duration of Has no definite term or
4. Where the penalty imposed is a fine and another 20 years and 1 day to 40 accessory penalties
penalty without fixed duration, like censure, and years and accessory
5. The subsidiary penalty, thought properly penalties
imposable is not expressly stated in the Imposable on felonies Imposable on crimes
judgment. punished by the RPCS punishable by special
 The rules on subsidiary penalty in Art. 39 are laws.
applicable to crimes punishable by special
laws by force of Art. 10 of the Code.
ARTICLE 45
CONFISCATION AND FORFEITURE OF THE
SECTION THREE – PENALTIES IN WHICH OTHER PROCEEDS OF THE CRIME
ACCESSORY PENALTIES ARE INHERENT
Outline of the provisions of this article:
OUTLINE OF ACCESSORY PENALTIES INHERENT 1. Every penalty imposed carries with it the
IN PRINCIPAL PENALTIES forfeiture of the proceeds of the crime and the
instruments or tools used in the commission of
1. Death, when not executed by reason of the crime. (There can be no forfeiture when there
commutation or pardon is no criminal case filed.)
a. Perpetual absolute disqualification, and 2. The proceeds and instruments or tools of the
b. Civil interdiction during 30 years, if not crime are confiscated and forfeited in favor of the
expressly remitted in the pardon. Government.
3. Property of a third person not liable for the
2. Reclusion perpetua and reclusion temporal offense, is not subject to confiscation and
a. Civil interdiction for life or during the forfeiture.
sentence, and 4. Property not subject of lawful commerce (whether
it belongs to the accused or to third person) shall
be destroyed.
 CASES WHEREIN THE DEATH PENALTY
 The confiscation and forfeiture of the proceeds SHALL NOT BE IMPOSED
and instruments of a crime is an accessory
penalty. 1. UNDER AGE. When the offender is below 18
 Articles which are forfeited, when the order or years of age at the time of the commission of the
forfeiture is already final, cannot be returned crime.
even in case of an acquittal. 2. OVER AGE. When the guilty person is more than
seventy (70) years of age.
The provisions of Art. 45 CANNOT apply when: 3. NO COURT MAJORITY. When upon appeal or
1. The instruments belong to innocent third parties; automatic review of the case by the Supreme
2. Such properties have not been placed under the Court, the vote of eight members is not obtained
jurisdiction of the court because the must be for the imposition of the death penalty
presented in evidence and identified in judgment;
and  Automatic review is available only in cases where
3. When it is legally or physically impossible. death penalty is imposed (R. A. 7659).
 Social defense and exemplarity justify the penalty
 This accessory penalty presupposes a judgment of death.
of conviction. However, even if the accused is
acquitted on reasonable doubt, but the Crimes punishable by death under the Death
instruments or proceeds are contraband, the Penalty Law (RA 7659)
judgment of acquittal shall order their forfeiture 1. Treason
for appropriate disposition. 2. Qualified Piracy
3. Qualified Bribery
4. Parricide
5. Murder
CHAPTER FOUR: APPLICATION OF PENALTIES 6. Infanticide
(ARTS. 46-72) 7. Kidnapping and Serious Illegal Detention
8. Robbery – with Homicide, Rape, Intentional
Mutilation, or Arson
SECTION ONE – RULES FOR APPLICATION OF
9. Rape
PENALTIES TO THE PERSONS CRIMINALLY
 With the use of a deadly weapon, or by two
LIABLE AND FOR THE GRADUATION OF THE
or more persons
SAME.
 Where the victim became insane
ARTICLE 46  With Homicide
PENALTY TO BE IMPOSED UPON 10. Qualified Rape
PRINCIPALS IN GENERAL 11. Destructive Arson
12. Plunder
General rule: The penalty prescribed by law in 13. Violation of certain provisions of the Dangerous
general terms shall be imposed upon the principals Drugs Act
for a consummated felony. 14. Carnapping

Exception: When the penalty to be imposed upon the Basis of the death penalty law (R.A. 7659): It is
principal in frustrated or attempted felony is fixed by based on the Classical Theory, under which the basis
law. of criminal responsibility is the existence of the
offender’s free will and the purpose of the penalty is
Graduation of penalties: retribution. The imposition of penalty under this theory
1. By degrees – refers to: endeavors to establish a mechanical and direct
a. Stages of execution (consummated, proportion between the crime and the penalty.
frustrated, or attempted); and
b. Degree of the criminal participation of the Note: RA No. 9346 repealed the Death Penalty Law.
offender (whether as principal, accomplice or (See Article 25)
accessory).
2. By periods – refers to the proper period of the
penalty which should be imposed when ARTICLE 48
aggravating or mitigating circumstances attend COMPLEX CRIMES
the commission of the crime.
Concept:
ARTICLE 47
1. In complex crime, although 2 or more crimes are
actually committed, they constitute only one
crime in the eyes of the law as well as in the
conscience of the offender.
2. The offender has only one criminal intent, hence
there is only one penalty imposed for the
commission of a complex crime.
Two kinds of complex crimes:
1. Compound crime (delito compuesto) – a single
act constitutes 2 or more grave or less grave
felonies
Requisites:
a. That only a single act is performed by the
offender;
b. That the single act produces: (1) two or more
grave felonies, or (2) one or more grave and
one or more less grave felonies, or (3) two or
more less grave felonies.
 Light felonies produced by the same act
should be treated and punished as separate
offenses or may be absorbed by the grave
felony
 Art. 48 speaks of two or more grave or less
grave felonies resulting from a single act,
which excludes crimes punishable by special
laws.
2. Complex crime proper (delito complejo) - an
offense is a necessary means for committing the
other
 The first offense must be consummated.
Requisites:
a. That at least two offenses are committed;
b. That one or some of the offenses must be
necessary to commit the other;
c. That both or all of the offenses must be
punished under the same statute:
Note: Necessary means is NOT equivalent to
indispensable means.
No complex crime in the following cases:
1. In case of continuous crimes
2. When one offense is committed to conceal the
other
3. When the other crime is an indispensable part or
an element of the other offenses
4. Where one of the offenses is penalized by a
special law
5. When the provision provides for a two-tiered
penalty, e.g. usurpation of property (Art. 312),
malicious procurement of a search warrant (Art.
129), bribery (Art. 210 par. 1), maltreatment of
prisoners (Art 235).
There is NO COMPLEX CRIME OF ESTAFA THRU
FALSIFICATION OF PRIVATE DOCUMENT as both
crimes require damage as an element which if used
for one renders the other incomplete, hence the query
is as to which crime was committed first.
Rules in Art. 48 are NOT applicable:
1. When the crimes subject of the case have
common elements;
2. When the crimes involved are subject to the rule
of absorption of one crime by the other;
3. Where the two offenses resulting from a single
act are specifically punished as a single crime,
such as less serious physical injuries with serious
slander of deed, since this is punished under Art.
265 par. 2, as the single crime of less serious
physical injuries with ignominy;
4. In special complex crimes or composite crimes;
Special Complex Crimes – those which are
treated as single indivisible offenses although
comprising more than one specific crime and with
specific penalty.
Examples:
a. Rape with homicide,
 The homicide must always be
consummated, otherwise, separate
offenses. The rape may either be
consummated or attempted.
b. Kidnapping with homicide,
c. Kidnapping with rape,
 Kidnapping with rape is different from
abduction with rape. In the latter, there
is lewd design. (People vs. Jose, No. L-
28232, Feb. 6, 1971)
d. Robbery with homicide,
 Additional homicide NOT aggravating.
e. Robbery with rape,
 Additional rape not aggravating.
f. Robbery with arson,
g. Arson with homicide.
5. When the crimes involved cannot be legally
complexed, viz:
a. Malicious obtention or abusive service of
search warrant (Art. 129) with perjury;
b. Bribery (Art. 210) with infidelity in the
custody of prisoners;
c. Maltreatment of prisoners (Art. 235) with
serious physical injuries;
d. Usurpation of real rights (Art. 312) with
serious physical injuries; and
e. Abandonment of persons in danger (Art.
275) and crimes against minors (Arts. 276-
278) with another felony.
 The penalty for complex crime is the penalty for Three groups under the formal type:
the most serious crime, the same to be applied in a. When the offender commits any of the
its maximum period. complex crimes in Art. 48
 If different crimes resulting from one single act b. When the law specifically fixes a single
are punished with the same penalty, the penalty penalty for two or more offenses committed
for any one of them shall be imposed, the same c. When the offender commits continuous
to be applied in the maximum period. crimes
 Art. 48 applies to crimes through negligence, e.g.
offender found guilty of a complex crime of 2. Real or material plurality – DIFFERENT crimes
homicide with less serious physical injuries in law as well as in the conscience of the
through reckless imprudence. offender; the offender shall be PUNISHED for
 When 2 felonies constituting a complex crime are each and every offense that he committed.
punishable by imprisonment should be imposed.
REASON: fine is not included in the list of Continuous crime – single crime, consisting of a
penalties in the order of severity, and it is the last series of acts, but all arising from ONE CRIMINAL
in the graduated scales in Art. 71 of the RPC. RESOLUTION; length of time in the commission is
 When a complex crime is charged and one immaterial
offense is not proven, the accused can be
convicted of the other. Requisites:
1. Multiplicity of acts;
SPECIAL COMPLEX 2. Unity of criminal purpose or intent; and
ORDINARY COMPLEX 3. Unity of criminal offense violated.
CRIME OR
CRIME
COMPOSITE CRIME
 Not a complex crime because the offender does
As to their Concept
not perform a single act, but a series of acts, and
It is made up of two or It is made up of two or one offense is not a necessary means for
more crimes being more crimes which are committing the other.
punished in distinct considered only as  In determining venue, a continued, continuous or
provisions of the Revised components of a single continuing crime is DIFFERENT form a transitory
Penal Code but alleged indivisible offense being crime (moving crime) – in the latter case, criminal
in one information either punished in one provision action may be instituted and tried in the court of
because they were of the Revised Penal the municipality, city or province wherein any of
brought about by a single Code. the essential ingredients thereof took place.
felonious act or because
one offense is a
necessary means for REAL OR MATERIAL
committing the other CONTINUED CRIME
PULARILITY
offense or offenses. 1. There is a series of 1. There is a series of
As to Penalty acts performed by the acts performed by the
Penalty for the most It is the penalty offender. offender
serious crime shall be specifically provided for 2. Each act performed by 2. The different acts
imposed and it its the special complex the offender constitutes a constitute only one crime,
maximum period crime that shall be separate crime, each act all of the acts performed
applied according to the is generated by a criminal arise from one criminal
rules on imposition of the impulse resolution
penalty.

Note: One information should be filed when a ARTICLE 49

complex crime is committed.
Plurality of Crimes – consists in the successive
execution by the same individual, or different criminal
acts, upon any of which no conviction has yet been
declared.
Kinds:
1. Formal or ideal plurality – only ONE criminal
liability.
PENALTY TO BE IMPOSED UPON THE
PRINCIPALS WHENTHE CRIME COMMITTED IS
DIFFERENT FROM THAT INTENDED
Rules:
1. If the penalty for the felony committed be higher
than the penalty for the offense which the
accused intended to commit, the lower penalty
shall be imposed in its maximum period.
2. If the penalty for the felony committed be lower
that the penalty for the offense which the
 accused intended to commit, the lower penalty
shall be imposed in its maximum period.
3. If the act committed also constitutes an attempt
or frustration of another crime, and the law
prescribes a higher penalty for either of the latter,
the penalty for the attempted or frustrated crime
shall be imposed in its maximum period.
 Art. 49 applies ONLY when there is a mistake in
the identity of the victim of the crime, and the
penalty for the crime committed is different from
that for the crime intended to be committed.
ARTICLE 49 ARTICLE 48
Lesser penalty is Penalty for the more or
imposed to applied in most serious crime shall
maximum periods be imposed, to be
applied in its maximum
period.
Note: For Articles 50-57 and 60 refer to Art. 61
herein provided.
ARTICLE 58
ADDITIONAL PENALTY TO BE IMPOSED UPON
CERTAIN ACCESSORIES
Public officers who help the author of the crime by
misusing their office and duties shall suffer the
additional penalties of:
1. Absolute perpetual disqualification, if the principal
offender is guilty of a grave felony;
2. Absolute temporary disqualification if the principal
offender is guilty of less grave felony.
ARTICLE 59
PENALTY TO BE IMPOSED IN CASE OF FAILURE
TO COMMIT THE CRIME BECAUSE THE MEANS
EMPLOYED OR THE AIMS SOUGHT ARE
IMPOSSIBLE
The penalty for impossible crime is arresto mayor
(imprisonment of 1 month and 1 day to 6 months) or
fine ranging from 200-500 pesos.
Basis for the imposition of proper penalty:
1. Social danger; and
2. Degree of criminality shown by the offender
ART. 61- RULES OF
GRADUATING PENALTIES
According to Arts. 50-57, the penalty prescribed
by law for the felony shall be lowered by one or
two degrees, as follows:
1. For the principal in frustrated felony – one degree
lower;
2. For the principal in attempted felony – two
degrees lower;
3. For the accomplice in consummated felony – one
degree lower;
4. For the accessory in consummated felony – two
degrees lower;
Diagram of the application of Art. 50-57:
CONSUM- FRUS-
ATTEMPTED
MATED TRATED
Principal 0 1 2
Accomplice 1 2 3
Accessory 2 3 4
In this diagram, “0” represents the penalty prescribed
by law in defining a crime, which is to be imposed on
the principal in a consummated offense, in
accordance with the provisions of Art. 64. The other
figures represent the degrees to which the penalty
must be lowered, to meet the different situations
anticipated by law.
Bases for the determination of the extent of penalty to
be imposed under the RPC:
1. Stage reached by the crime in its development
(either attempted, frustrated, or consummated)
2. Participations therein of the persons liable
3. Aggravating or mitigating circumstances which
attended the commission of the crime.
Degree – one entire penalty, one whole penalty or
one unit of the penalties enumerated in the graduated
scales provided for in Art. 71.
 When there is mitigating or aggravating
circumstance, the penalty is lowered or increased
by period only;
 Exception: when the penalty is divisible and
there are two or more mitigating and without
aggravating circumstances, in which case the
penalty is lowered by degree.
Period – one of the three equal portions, called
minimum, medium and maximum, of a divisible
penalty.
Exceptions to the rules established in Arts. 50 to
57 (Article 60):
Arts. 50 to 57 shall NOT apply to cases where the law
expressly prescribes the penalty for a frustrated or
attempted felony, or to be imposed upon accomplices
or accessories. (Art. 60)
 General rule: An accomplice is punished by a
penalty one degree lower than the penalty
imposed upon the principal.
 Exceptions: The following accomplices are
punished with the same penalty imposed upon
the principal – 1) the ascendants, guardians,
curators, teachers and any person who by abuse
of authority or confidential relationship, shall
cooperate as accomplices in the crimes of rape,
acts of lasciviousness, seduction, corruption of
minors, white slave trade or abduction (Art. 346)
and 2) one who furnished the place for the
perpetration of the crime of slight illegal detention
(Art. 268).
 Knowingly concealing certain evil practices is
ordinarily an act of the accessory; but in Art. 142
(Inciting to sedition) such act is punished as the
act of the principal.
ARTICLE 61
RULES FOR GRADUATING PENALTIES
1. When penalty prescribed is single and indivisible;
the penalty next lower in degree shall be that
immediately following that indivisible penalty in
the respective graduated scale in Article 71;
2. if the penalty prescribed by the Code consists in
three periods, corresponding to different divisible
penalties, the penalty next lower in degree is the
penalty consisting in the three periods down in
the scale;
3. If the penalty prescribed by the Code consists in
two periods, the penalty next lower in degree is
the penalty consisting in two periods down in the
scale.
 Mitigating and aggravating circumstances are
disregarded in the application of the rules for
graduating penalties.
SECTION TWO – RULES FOR THE APPLICATION
OF PENALTIES WITH REGARD TO THE
MITIGATING AND AGGRAVATING
CIRCUMSTANCES, AND HABITUAL
DELINQUENCY
ARTICLE 62
EFFECTS OF THE ATTENDANCE OF MITIGATING
OR AGGRAVATING CIRCUMSTANCES AN OF
HABITUAL DELINQUENCY
Rules regarding aggravating and mitigating
circumstances:
1. Aggravating circumstances which (a) in
themselves constitute a crime especially
punished by law or which (b) are included by the
law in defining a crime and prescribing the
penalty therefore are not to be taken into account
to increase the penalty;
2. The preceding rule applies with respect to
aggravating circumstances which are inherent in
the crime;
3. Aggravating or mitigating circumstances which
arise from (a) the moral attributes of the of the
offenders, or (b) from his private relations from
the offended party, or (c) from any other personal
cause, serve to aggravate or mitigate the liability
of the principals, accomplices and accessories as
to whom such circumstances are attendant;
4. The circumstances which consist in (a) material
execution of the act, or (b) the means employed
to accomplish it, shall serve to aggravate or
mitigate the liability of those persons only who
had knowledge of them at the time of the
execution of the act or their cooperation therein.
5. Additional penalty for habitual delinquency:
 Upon 3rd conviction – culprit shall be
sentenced to the penalty provided by law for
the last crime of which he is found guilty and
to the additional penalty of prision
correccional in its medium and maximum
periods.
 Upon a 4th conviction – the culprit shall be
sentenced to the additional penalty of prision
mayor in its minimum and medium periods.
 Upon 5th or additional conviction – the culprit
shall be sentenced to the additional penalty
of prision mayor in its minimum period to
reclusion temporal in its minimum period.
Total of the two penalties shall NOT exceed 30 years.
Effects:
1. Aggravating circumstances (generic and specific)
have the effect of increasing the penalty, without
however exceeding the maximum period
provided by law.
2. Mitigating circumstances have the effect of
diminishing the penalty.
3. Habitual delinquency has the effect, not only of
increasing the penalty because of recidivism
which is generally implied in habitual
delinquency, but also of imposing an additional
penalty.
Requisites of habitual delinquency:
a. That the offender had been convicted of any of
the crimes of serious or less serious physical
injuries, robbery, theft, estafa or falsification.
b. That after conviction or after serving his
sentence, he gain committed, and, within 10
years from his last release of first conviction, he
was again convicted of any of the said crimes for
the second time.
c. That after his conviction of, or after serving
sentence for the second offense, he again
committed, and, within 10 years from his last
release or last conviction, he was again
convicted of any of said offenses, the third time
or oftener.
Subsequent crime must be committed AFTER
conviction of former crime.
RULES FOR THE APPLICATION OF
INDIVISIBLE PENALTIES
Imposable penalty – the penalty that will be imposed
after applying the RPC and ISL
Prescribed penalty – the penalty prescribed by the
RPC after considering the mitigating and aggravating
circumstances

In determining the courts jurisdiction additional Outline of the rules:

penalty is NOT considered. 1. When the penalty is single indivisible, it shall be
applied regardless of any mitigating (except if
privilege mitigating) or aggravating
Habituality distinguished from recidivism circumstances.
HABITUAL 2. When the penalty is composed of two indivisible
RECIDIVISM penalties, the following rules shall be observed:
DELIQUENCY
a. When there is only one aggravating
As to the CRIMES committed circumstance, the greater penalty shall be
imposed.
The crimes are specified It is sufficient that the b. When there is neither mitigating nor
accused on the date of aggravating circumstances, the lesser
his trial shall have been penalty shall be imposed.
previously convicted by c. When there is a mitigating
final judgment of another circumstance and no aggravating
crime embraced in the circumstance, the lesser penalty shall be
same title. imposed.
As to the PERIOD of time the crimes are d. When both mitigating and
committed aggravating circumstances are present, the
The offender is found No period of time court shall allow them to offset one another.
guilty within ten years between the former  When penalty is composed of two indivisible
from his last release or conviction and the last penalties, the penalty cannot be lowered by one
last conviction. conviction. degree, no matter how many mitigating
As to the NUMBER of crimes committed circumstances are present.
Exception: When a privileged mitigating
The accused must be The second offense is for circumstance under Art. 68 or Art. 69 is present.
found guilty the third time an offense found in the
or oftener of the crimes same title.
specified ARTICLE 64
As to their EFFECTS RULES FOR THE APPLICATION OF PENALTIES,
An additional penalty is If not offset by a WHICH CONTAIN THREE PERIODS
also imposed mitigating circumstance,
it serves to increase the Outline of the rules:
penalty only to the 1. No aggravating and no mitigating – medium
maximum. period
2. Only mitigating – minimum period
3. Only aggravating – maximum period
 A convict can be a habitual delinquent without
4. Where there are aggravating and mitigating – the
being a recidivist when no two of the crimes
court shall offset those of one class against the
committed are embraced in the same title of the
other according to their relative weight.
RPC.
5. Two or more mitigating and no aggravating –
 The imposition of additional penalty for habitual penalty next lower, in the period applicable,
delinquency is constitutional because it is neither according to the number and nature of such
an ex post facto law nor does its imposition circumstances.
constitute double jeopardy since it is not imposed
 If there are three mitigating circumstances,
for the same offense but for the moral depravity
but two aggravating circumstances, the rule
of the accused.
is not applicable. The effect is to fix the
period at the minimum only.
ARTICLE 63
6. No penalty greater than the maximum period of
the penalty prescribed by the law shall be
imposed, no matter how many aggravating
circumstances are present.
7. The court can determine the extent of the penalty
within the limits of each period, according to the
number and nature of the aggravating and
mitigating circumstances and the greater or
lesser extent of the evil produced by the crime.
Cases in which mitigating and aggravating
circumstances are NOT considered in the
imposition of penalty:
1. When the penalty is single and indivisible (except
if privileged mitigating)
2. In felonies through negligence
3. When the penalty is only a fine imposed by an
ordinance
4. When the penalties are prescribed by special
laws.
ARTICLE 66
IMPOSITION OF FINES
Outline of the provision:
1. The court can fix any amount of the fine within
the limits established by law.
2. The court must consider: (1) the mitigating and
aggravating circumstances; and (2) more
particularly, the wealth or means of the culprit.
3. The court may also consider: (1) the gravity of
the crime committed; (2) the heinousness of its
perpetration; and (3) the magnitude of its effects
on the offender’s victims.
Note:
 When the minimum of the fine is not fixed by law,
the determination of the amount of fine is left to
the sound discretion of the court, provided it shall
not exceed the maximum authorized by law.
 Wealth or means of culprit is the main
consideration in fine.
ARTICLE 67
WHEN NOT ALL REQUISITES OF ACCIDENT ARE
PRESENT
 If not all the conditions necessary to exempt form
liability under Art. 12(4) are present, the act
should be considered as a) reckless impudence,
if the act is executed without taking those
precautions or measures which the most
common prudence would require; and b) simple
imprudence, if it is a mere lack of precaution in
those cases where either the threatened harm is
not imminent or the danger is not openly visible.
ARTICLE 68
PENALTY TO BE IMPOSED UPON A PERSON
UNDER 18 YEARS OF AGE
Application of Art. 68:
 This article is NOT immediately applicable to a
minor under 18 years of age, because such
minor, if found guilty of the offense charged, is
not sentenced to any penalty. The sentence is
suspended and he is ordered committed to the
reformatory institution, if the court therefore
approves his application.
 Upon the recommendation of the social
worker who has custody of the child, the
court shall dismiss the case against the child
and shall order the final discharge of the
child if it finds that the objective of the
disposition measures have been fulfilled.
 This article has been repealed or amended in the
sense that the accused in par. 1 thereof is
completely absolved from criminal liability under
RA 9344, hence there is no basis for considering
any privileged mitigating circumstance in his
favor.
 That circumstance may, however, be involved in
its par. 2 where the accused is over 15 and below
18 years of age but he acted with discernment,
and he is returned to the other correlative
proceedings, if any, have not achieved their
purposes and, in effect, the accused has been
found to be incorrigible. (Regalado)
 If the court finds that the objective of the
disposition measures imposed upon the child
in conflict with the law have not been fulfilled,
or if the child in conflict with the law has
willfully failed to comply with the conditions
of his/her disposition or rehabilitation
program, the child in conflict with the law
shall be brought before the court for
execution of judgment.
 If said child in conflict with the law has
reached eighteen (18) years of age while
under suspended sentence, the court shall
determine whether to discharge the child, to
order execution of sentence, or to extend the
suspended sentence for a certain specified
period or until the child reaches the
maximum age of twenty-one (21) years (RA
9344)
ARTICLE 69
PENALTY TO BE IMPOSED WHEN THE CRIME
COMMITTED IS NOT WHOLLY EXCUSABLE
Penalty: Lower by one or two degrees than that 2.
prescribed by law
Application: When there is lack of some of the
conditions required to justify the deed or to exempt
from criminal liability in the several cases mentioned 3.
in Arts. 11 and 12; PROVIDED THAT, the majority of
such conditions be present..
Juridical accumulation system
Limited to not more than three-fold the length of
time corresponding to the most severe and in no
case to exceed 10 years. This is followed in our
jurisdiction.
Absorption system
The lesser penalties are absorbed by the graver
penalties

 Unlawful aggression is indispensable in self- ARTICLE ARTICLE ARTICLE

defense, defense of relative and defense of 25 70 71
stranger, without which the offender is not entitle
to reduction. Penalties are Classifies the Provides for the
classified into penalties, for scales which
principal and the purpose of should be
ARTICLE 70 accessory the successive observed in
SUCCESSIVE SERVICE OF SENTENCE penalties. The service of graduating the
principal sentences, penalties by
 When the culprit has to serve two or more penalties are according to degrees in
penalties, he shall serve them simultaneously if sub-divided into their severity accordance with
the nature of the penalties will so permit. capital, Art. 61
 Otherwise, the order of their severity (under this afflictive,
article) shall be followed – so that they may be correctional
executed successively and light.
 Penalties which may be simultaneously served
are:
1. Perpetual absolute disqualification
2. Perpetual special disqualification
3. Temporary absolute disqualification ARTICLE 71
4. Temporary special disqualification GRADUATED SCALES
5. Suspension
6. Destierro  Apply this article in determining the proper
7. Public censure degree where the law prescribes a penalty lower
8. Fine and bond to keep the peace or higher by two or more degrees that another
9. Civil interdiction given penalty.
10. Confiscation and payment of costs  Scale No. 1
1. Death
If the sum total of all penalties does NOT exceed the 2. Reclusion perpetua
most severe of all the penalties multiplied by three, 3. Reclusion temporal
the three-fold rule does NOT apply. 4. Prision mayor
5. Prision correccional
The Three-Fold Rule: 6. Arresto mayor
1. The maximum duration of the convict’s sentence 7. Destierro
shall NOY be more than three times the length of 8. Arresto menor
time corresponding to the most severe of the 9. Public censure
penalties imposed upon him 10. Fine
2. But in no case to exceed 40 years.  Scale No. 2
3. this rule shall apply only when the convict is to 1. Perpetual absolute disqualification
serve 4 or more sentences successively. 2. Temporary absolute disqualification
4. Subsidiary penalty forms part of the penalty. 3. Suspension from public office, the right to
vote and be voted for, and the right to follow
Different systems of penalty, relative to the a profession or calling
execution of two or more penalties imposed on 4. Public censure
one and the same accused: 5. Fine
1. Material accumulation system
No limitation whatever, and accordingly, all the
penalties for all the violations were imposed even ARTICLE 72
if they reached beyond the natural span of PREFERENCE IN THE PAYMENT
human life. OF CIVIL LIABILITIES

Civil liability is satisfied by following the chronological
order of the dates of the final judgment.
SECTION THREE – PROVISIONS COMMON IN THE
LAST TWO PRECEDING SECTIONS (ARTS. 73-77)
 Art. 73 – Accessory penalties are also deemed
imposed upon the convict.
 Art 74 – The penalty higher than reclusion
perpetua, when death is not provided by law,
shall be the same penalty and the accessory
penalties of Article 40
Reason: penalty of death must be specifically
imposed by law as a penalty for a given crime.
 Art. 75 – When necessary, fine shall be
increased or reduced for each degree, by ¼ of
the maximum amount prescribed by law, without
however, changing the minimum. Fines are
graduated into degrees for the accomplices and
accessories and for the principals in frustrated
and attempted felonies.
Distinctions between fine with a minimum and
fine without a minimum.
1. In both, the law fixes the maximum of the fine.
2. When the law fixed the minimum of the fine, the
court cannot change the minimum; whereas,
when the law does not state the minimum of the
fine but only the maximum, the court can impose
any amount not exceeding such maximum.
3. When the law fixes both the minimum and the
maximum, the court can impose an amount
higher than the maximum; whereas, when only
the maximum is fixed, it cannot impose an
amount higher than the maximum.
 Art. 76 – The legal period of duration of penalties
shall be considered as divided into three parts,
forming three periods, the minimum, the medium,
and the maximum.
ARTICLE 77
WHEN THE PENALTY IS A COMPLEX ONE
COMPOSED OF THREE DISTINCT PENALTIES
Complex Penalty – is a penalty prescribed by law
composed of three distinct penalties, each forming a
period: the lightest of them shall be the minimum, the
next the medium, and the most severe the maximum
period.
INDETERMINATE SENTENCE LAW (ISL)
Act No. 4103 as amended
by Act No. 4225
Concept of Indeterminate Sentence – is a sentence
with a minimum term and a maximum term which, the
court is mandated to impose for the benefit of a guilty
person who is not disqualified therefore, when the
maximum imprisonment exceeds one (1) year. It
applies to both violations of Revised Penal Code and
special laws.
Purpose: “To uplift and redeem valuable human
material, and prevent unnecessary and excessive
deprivation of personal liberty and economic
usefulness.”
A. Sentence in the ISL
In imposing a prison sentence for an offense
punished by the Revised Penal Code or special penal
laws, the court shall sentence the accused to an
indeterminate sentence, which ahs a maximum and a
minimum term based on the penalty actually
imposed.
 ISL
application is mandatory, where imprisonment
would exceed one year.
 BUT
only when ISL would be favorable to the accused;
if it would result in lengthening his prison
sentence, ISL should NOT be applied.
If the penalty is imposed by the RPC:
1. The Maximum Term – is that which could be
properly imposed under the RPC, considering
the aggravating and mitigating
circumstances.
2. The Minimum Term – is within the range of the
penalty one degree lower that that prescribed by
the RPC, without considering the
circumstance.
 BUT when there is a privilege mitigating
circumstance, so that the penalty has to be
lowered by one degree, the STARTING
POINT for determining the minimum term of
the indeterminate penalty is the penalty next
lower than that prescribed by the Code for
the offense.
3. The modifying circumstances are considered only
in the imposition of the maximum term of the
indeterminate sentence (they are not considered
in fixing the minimum).
If the penalty is imposed by special penal law
1. The Maximum Term – must not exceed the
maximum term fixed by said law.
2. The Minimum Term – must not be less than the
minimum term prescribed by the same.
  For special laws, it is anything within the
inclusive range of the prescribed penalty.
Courts are given discretion in the imposition
of the indeterminate penalty. The
aggravating and mitigating circumstances
are not considered unless the special law
adopts the same terminology for penalties as
those used in the RPC (such as reclusion
perpetua and the like).
B. When benefit of the ISL is NOT applicable:
The Indeterminate Sentence Law shall not apply to
the following persons:
1. sentenced to death penalty, reclusion perpetua,
or life imprisonment
2. convicted of treason, or conspiracy or proposal to
commit treason
3. convicted misprision of treason, rebellion,
sedition or espionage
4. convicted of piracy
5. habitual delinquent
6. escaped from confinement as a prisoner, or
evaded sentence
7. granted with conditional pardon by the President
but violated the terms thereof
8. maximum term of imprisonment actually imposed
does not exceed 1 year
9. sentenced to the penalty of destierro or
suspension only.
 BUT a recidivist for the first time may be given
the benefits of the ISL.
C. RELEASE OF THE PRISONER ON PAROLE
The Board of Pardons and Parole may authorize the
release of a prisoner on parole, after he shall have
served the minimum penalty imposed on him,
PROVIDED THAT:
a. Such prisoner is fitted by his training for release.
b. There is reasonable probability that he will live
and remain at liberty without violating the law,
c. Such release will not be incompatible with the
welfare of society.
D. ENTITLEMENT TO FINAL RELEASE AND
DISCHARGE
If during the period of surveillance such paroled
prisoner shall: (a) show himself to be a la-abiding
citizen and, (b) shall not violate any law, the Board
may issue a final certification in his favor for his final
release and discharge.
E. SANCTION FOR VIOLATION OF CONDITIONS
OF THE PAROLE
When the paroled prisoner shall violate any of the
conditions of his parole: (a) the Board may issue an
order for his arrest, and thereafter, (b) the prisoner
shall serve the remaining unexpired portion of the
maximum sentence for which he was originally
committed to prison.
F. REAONS FOR FIXING THE MAXIMUM AND
MINIMUM TERMS IN THE INDETERMINATE
SENTENCE
The minimum and maximum terms in the IS must be
fixed, because they are the basis for the following:
1. Whatever a prisoner has: (a) served the
MINIMUM penalty imposed on him, and (b) is fit
for release of the prisoner on parole, upon terms
and conditions prescribed by the Board.
2. But when the paroled prisoner violates any of the
conditions of his parole during the period of
surveillance, he may be rearrested to serve the
remaining unexpired portion of the MAXIMUM
sentence.
3. Even if a prisoner has already served the
MINIMUM, but he is not fitted for release on the
parole, he shall continue to serve until the end of
the MAXIMUM term.
 In fixing the minimum penalty, it is necessary for
the court to consider the criminal, first, as an
individual and, second, as a member of society.
G. ILLUSTRATIONS OF APPLICATION OF
INDETERMINATE SENTENCE LAW
Under the Revised Penal Code:
A penalty of reclusion temporal was imposed upon A
for committing homicide.
1. There is no mitigating or aggravating
circumstance
a. Maximum Term – reclusion temporal which
should be imposed in the medium period
(Art. 64 par. 1)
b. Minimum Term – anywhere within the range
of prision mayor, the penalty next lower from
reclusion temporal.
2. There is one ordinary mitigating circumstance
a. Maximum Term – reclusion temporal, in its
minimum period, after considering the
mitigating circumstance.
b. Minimum Term – anywhere within the range
of prision mayor without reference in any of
its period.
Under Special Law:
A is convicted of illegal possession of firearms
punishable by 1 year and 1 day to 5 years of
imprisonment
1. Maximum Term – shall not exceed 5 years as
fixed by law
2. Minimum Term – shall not be less than the
minimum of 1 year and 1 day prescribed by said
law.
PROBATION LAW OF 1976
(PD 968, as amended)
A. CONCEPT
Probation – is a disposition under which a defendant
after conviction and sentence is released subject to
conditions imposed by the court and to the
supervision of a probation officer.
 Probation is NOT an absolute right. It is a mere
privilege whose grant rests upon the discretion of
the trial court. Its grant is subject to certain terms
and conditions that may be imposed by the trial
court. Having the power to grant the probation, it
follows that the trial court also has the power to
order its revocation in a proper case and under
proper circumstances.
B. PURPOSES
1. To promote the correction and rehabilitation of an
offender by providing him with individualized
treatment;
2. To provide an opportunity for the reformation of a
penitent offender which might be less probable if
he were to serve a prison sentence; and
3. To prevent the commission of offenses.
C. APPLICATION
This shall apply to all offenders except those entitled
to benefits under PD 603 and similar laws.
 May be granted even if the sentence is fine only,
but with subsidiary imprisonment in case of
insolvency.
D. RULES ON GRANT OF PROBATION:
1. After having convicted and sentenced a
defendant, the trial court MAY SUSPEND the
execution of the sentence, and place the
defendant on probation, upon APPLICATION by
the defendant within the period for perfecting an
appeal.
2. Probation may be granted whether the sentence
imposed a term of imprisonment or fine only.
3. NO application for probation shall be entertained
or granted if the defendant has PERFECTED AN
APPEAL from the judgment of conviction.
4. Filing of application for probation operates a
WAIVER OF THE RIGHT TO APPEAL.
5. The application shall be filed with the trial court,
and the order granting or denying probation shall
NOT BE APPEALABLE.
6. Accessory penalties are deemed suspended
once probation is granted.
7. Civil liability is not affected by the suspension of
the sentence imposed on the accused who is
granted probation; court must hear the civil
aspect.
 The court may, after it shall have convicted and
sentenced a child in conflict with the law, and
upon application at any time, place the child on
probation in lieu of his/her sentence, taking into
account the best interest of the child. For this
purpose, Section 4 of presidential Decree No.
968, otherwise known as the “Probation Law of
1976” is hereby amended accordingly. (Sec. 42,
RA 9344, Juvenile Delinquency Law)
E. POST-SENTENCE INVESTIGATION
The convict is not immediately placed on probation.
There shall be a prior investigation by the probation
officer and a determination by the court. He may,
however, be released under his bail filed in the
criminal case or on recognizance.
F. CRITERIA FOR PLACING AN OFFENDER ON
PROBATION
The court shall consider:
1. All information relative to the character,
antecedents, environment, mental, and physical
condition of the offender.
2. Available institutional and community resources.
G. PROBATION SHALL BE DENIED IF THE
COURT FINDS THAT:
1. The offender is in need of correctional treatment
that can be provided effectively by his
commitment to an institution.
2. There is undue risk of committing another crime.
3. Probation will depreciate the seriousness of the
offense committed
H. DISQUALIFIED OFFENDERS
The benefits of the Decree shall NOT be extended to
those:
1. Sentenced to serve a maximum term of
imprisonment of more than 6 years.
2. Convicted of subversion or any crime against the
national security or public order.
3. Previously convicted by final judgment of an
offense punished by imprisonment of not less
than 1 month and 1 day and/or a fine not less
than P200
4. Once placed on probation.
5. Who appealed.
6. Convicted of drug trafficking or drug pushing
I. CONDITIONS OF PROBATION
Two kinds of conditions imposed:
1. Mandatory or general – once violated, the
probation is cancelled. They are:
a. Probationer. Presents himself to the
probation officer designated to undertake his
supervision, at such place as may be
specified in the order within 72 hours from
receipt of order;
b. He reports to the probation officer at least
once a month.
2. Discretionary or special – additional conditions
listed, which the courts may additionally impose
on the probationer towards his correction and
rehabilitation outside prison. HOWEVER, the
enumeration is not inclusive. Probation statutes
are liberal in character and enable the courts to
designate practically ANY term it chooses, as
long as the probationer’s constitutional rights are
not jeopardized. Also, they must not be unduly
restrictive of probationer, and not incompatible
with the freedom of conscience of probationer.
J. PERIOD OF PROBATION
For how long may a convict be placed on
probation?
1. If the convict is sentenced to a term of
imprisonment of NOT more than one year, the
period of probation shall not exceed 2 years.
2. In all other cases, if he is sentenced to more than
one year, said period shall not exceed 6 years.
3. When the sentence imposes a fine only and the
offender is made to serve subsidiary
imprisonment. The period of probation shall be
twice the total number of days of subsidiary
imprisonment.
K. ARREST OF PROBATIONER AND
SUBSEQUENT DISPOSITIONS
1. At any time during probation the court may issue
a warrant for the ARREST of a probationer for
any serious violation of the conditions of
probation.
2. If violation is established, the court may (a)
REVOKE his probation, or (b) continue his
probation and MODIFY the conditions thereof.
This order is not appealable.
3. If revoked, the probationer shall SERVE the
sentence originally imposed.
L. TERMINATION OF PROBATION
The court may order the final discharge of the
probationer upon finding that, he has fulfilled the
terms and conditions of his probation.
M. EFFECTS OF TERMINATION OF PROBATION:
1. Case is deemed terminated.
2. Restoration of all civil rights lost or suspended.
3. Fully discharges liability for any fine imposed.
 Note that the probation is NOT coterminous with
its period. There must be an order issued by the
court discharging the probationer. (Bala vs.
Martinez, 181 SCRA 459)
---------------------
ARTICLE 79
SUSPENSION OF THE EXECUTION AND SERVICE
OF THE PENALTIES IN CASE OF INSANITY
Rules regarding execution and service of
penalties in case of insanity:
1. When a convict becomes insane or imbecile after
final sentence has been pronounced, the
execution of such sentence is suspended only as
regards the personal penalty.
2. If he recovers his reason, his sentence shall be
executed unless the penalty has prescribed.
3. Even if while serving his sentence, the convict
becomes insane or imbecile, the above
provisions shall be observe.
4. But the payment of his civil or pecuniary liabilities
shall not be suspended.
Art. 80 has been repealed by PD 603
THE CHILD AND YOUTH WELFARE CODE
(PD 603, as amended)
Who is a Youthful Offender?
A youthful offender is a child, minor, or youth,
including one who is emancipated in accordance with
law, who is over nine years but under eighteen years
of age at the time of the commission of the offense.
Note: Under R.A. 9344 (Juvenile & Welfare Act of
2006), a child 15 years of age or below at the time of
the commission of the offense is exempt from criminal
liability. If the child is over 15 but less than 18 years of
age, he is likewise exempt from criminal liability
UNLESS he acted with discernment.
Outline:
A. The purpose of the Child and Youth Welfare
Code is to avoid a situation where JUVENILE
 OFFENDERS would commingle with ordinary
criminals in prison.
B. If the court finds that the youthful offender
committed the crime charged against him, it shall
DETERMINE the imposable penalty and the civil
liability chargeable against him.
C. The court may not pronounce judgment of
conviction but instead SUSPEND all further
proceedings.
D. The benefits of Article 192 of PD 603, as
amended, providing for suspension of sentence
shall NOT APPLY TO (1) a youthful offender who
once enjoyed suspension of sentence under its
provisions, or (2) one who is convicted of an
offense punishable by death or life imprisonment.
E. The youthful offender shall be RETURNED to the
committing court for pronouncement of judgment,
when the youthful offender, (1) has been found
incorrigible, or (2) has willfully failed to comply
with the conditions of his rehabilitation programs;
or (3) when his continued stay in the training
institution would be inadvisable.
F. When the youthful offender has reached the age
of EIGHTEEN while in commitment, the court
shall determine whether –
1. To DISMISS the case, if the youthful offender
has behaved properly and has shown his
capability to be a useful member of the
community; or
2. To PRONOUNCE the judgment of
conviction, if the conditions mentioned are
not met.
G. In the latter case, the convicted offender may
apply for PROBATION. In any cases, the youthful
offender shall be credited in the service of his
sentence with the full time spent in actual
commitment and detention.
H. The final release of a youthful offender, based on
good conduct as provided in Art. 196 shall not
obliterate his CIVIL LIABILITY for damage.
ARTICLE 87
DESTIERRO
Only in the following cases is destierro imposed:
1. Death or serious physical injuries is caused or
are inflicted under exceptional circumstances
(Art. 247);
2. Failure to give bond for good behavior in grave
and light threats (Art. 284);
3. Penalty for the concubine in concubinage (Art
334);
4. When, after reducing the penalty by one or more
degrees, destierro is the proper penalty.
 Entering the prohibited area is evasion of the
service of the sentence.
 Destierro is considered as a principal,
correctional and divisible penalty.
 Destierro is considered as a correctional penalty
and therefore jurisdiction over crimes punishable
with destierro lies with the Municipal Trial Court.
ARTICLE 88
ARRESTO MENOR
Served in:
1. Municipal jail;
2. House of defendant himself under the
surveillance of an officer of law BUT ONLY when
the court so provides in its decision
 Grounds: health of the offender; other
reasons satisfactory to the court
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ARTICLE 89
CRIMINAL LIABILITY IS
TOTALLY EXTINGUISHED
How criminal liability totally extinguished:
(DSAP3M)
1. By the death of the convict as to personal
penalties; but as to pecuniary penalties, liability
is extinguished only when the death of the
offender occurs before final judgment;
2. By service of sentence; however, it does not
extinguish the civil liability; (salgado vs. Court of
Appeals, g.r. No. 89606, august 30, 1990)
3. By amnesty, which completely extinguishes the
penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of penalty;
7. By marriage of the offended woman with the
offender in the crimes of rape, seduction,
abduction, and acts of lasciviousness. In the
crimes of rape, seduction, abduction, and acts of
lasciviousness, the marriage, as provided under
Art. 344, must be contracted in good faith.
 Death of the offended party will not extinguish the Includes any crime and is
criminal liability of the accused even in private exercised individually by
offenses. the President
Effect of death of the accused pending appeal of Exercised when the
his conviction: person is already
convicted
General Rule: The death of the accused pending the Merely looks FORWARD
appeal of his conviction extinguishes his criminal and relieves the offender
liability as well as his civil liability based solely on the from the consequences
offense committed. of an offense of which he
has been convicted; it
Exception: Civil liability arising from sources other does not work for the
than the crime committed survives and may be restoration of the rights to
pursued in a separate civil action. Sources of civil hold public office, or the
liability other than crime are law, contracts, quasi- right of suffrage, unless
contracts and quasi-delicts. (People vs. Bayotas, such rights are expressly
G.R. No. 152007, September 2,1994) restored by means of
pardon.
Amnesty – is an act of the sovereign power granting Does not alter the fact
oblivion or general pardon for a past offense, and is that the accused is a
rarely if ever exercised in favor of a single individual, recidivist as it produces
and is usually extended in behalf of certain classes of only the extinction of the
persons who are subject to trial but have not yet been personal effect of the
convicted. penalty
Does not extinguish the
Pardon – is an act of grace, proceeding from the civil liability of the
power entrusted with the execution of the laws, which offender
exempts the individual on whom it is bestowed from Being a PRIVATE ACT by
the punishment the law inflicts for the crime he has the President, it must be
committed. pleaded and proved by
the person pardoned
 Pardon must be given AFTER final judgment,
otherwise, there will be violation of the Doctrine
of Separation of Powers.
A blanket pardon to
classes of persons or
communities who may be
guilty of political offenses.
May be exercised even
before trial or
investigation is had.
Looks BACKWARD and
abolishes and puts into
oblivion the offense itself;
it so overlooks and
obliterates the offense
with which he is charged
that the person released
by amnesty stands before
the law precisely as
though he had committed
no offense.
Makes an ex-convict no
longer a recidivist,
because it obliterates the
last vestige of the crime.
Does not extinguish the
civil liability of the
offender
Being a Proclamation of
the Chief Executive with
the concurrence of
Congress; it is a PUBLIC
ACT of which the courts
should take judicial notice

ARTICLE 90
Absolute Distinguished from PRESCRIPTION OF CRIMES
Conditional Pardon
Prescription of crime – is the forfeiture or loss of the
ABSOLUTE CONDITIONAL right of the State to prosecute the offender after the
PARDON PARDON lapse of a certain time
The total extinction of The exemption of an  Based on the penalty prescribed by the RPC.
criminal liability of the individual within certain
individual to whom it is limits or conditions from Prescriptive periods of crimes:
granted without any the punishment which the 1. Crimes punishable by
condition. law inflicts for the offense a. Death – reclusion perpetual or reclusion
he had committed temporal – 20 years;
It restores to the resulting in the partial b. Afflictive penalties – 15 years
individuals his civil and extinction of his criminal c. Correctional penalties – 10 years except
political rights and remits liability. those punishable by arresto mayor which
the penalty imposed for shall prescribe in 5 years
the particular offense of  When the penalty fixed by a law is a
which he was convicted. compound one, the highest penalty shall
be made the basis of the application of
the rules contained above.
Pardon Distinguished from Amnesty 2. Crime of libel – 1 year
3. Offenses of oral defamation and slander by deed
PARDON AMNESTY – 6 months
  Simple slander – 2 months
Grave slander – 6 months
4. Light offenses – 2 months
5. Crimes punishable by fines
a. If fine is afflictive – 15 years
b. If it is correctional – 10 years
c. If it is light – 2 months
 The subsidiary penalty for nonpayment of
the fine should not be considered in
determining the period of such crimes.
 When fine is an alternative penalty higher
than the other penalty which is by
imprisonment, prescription of the crime is
based on the fine.
Illegal recruitment – prescription is determined from
the time the accused is certified as an illegal recruiter.
Rule where last day of prescriptive period falls on
a Sunday or legal holiday
The information can no longer be filed on the next day
as the crime has already prescribed.
 Period will not be prolonged because doubt
should be resolved in favor of the accused.
When the penalty is a compound one:
The highest penalty is the basis of the application of
the rules contained herein.
Is there a conflict between the provisions of the
Revised Penal Code on prescription of crimes and
Section 8, Rule 117 of Rules of Court (time-bar)?
NO, it is but a limitation of the right of the State to
revive a criminal case against the accused after the
information had been filed but subsequently
provisionally dismissed with the express consent of
the accuse. If a criminal case is dismissed on motion
of the accused because the trial is not concluded
within the period therefore, the prescriptive periods
under the Revised Penal Code are not thereby
diminished. But whether or not the prosecution of the
accused is barred by the statute of limitations or by
the lapse of the time-line under the new rule, the
effect is basically the same.
 Violations penalized by special laws shall, unless
otherwise provided in such acts, prescribe in
accordance with the following rules:
(a) after 1 year for offenses punished only be a
fine or by imprisonment for not more than
one month, or both
(b) after 4 years for those punished by
imprisonment for more than one month, but
less than two years;
(c) after 8 years for those punished by
imprisonment for two years or more, but less
than six years; and
(d) after 12 years for any other offense punished
by imprisonment for six years or more,
except the crime of treason, which shall
prescribe after twenty years.
(e) Violations penalized by municipal ordinances
shall prescribe after 2 months. (Act 3326)
ARTICLE 91
COMPUTATION OF PRESCRIPTION
OF OFFENSES
Outline:
1. Period of prescription commences to run from
the day on which the crime is discovered by the
offended party, the authorities, or their agents.
a. It is interrupted by the filing of the complaint
or information corresponding to the offense
committed with the prosecutor except in
cases falling under the Rules on Summary
Procedure (must be filed with the court) and
when filed with the Punong barangay
(interruption should not exceed 60 days).
b. It shall commence to run again when such
proceedings terminate without the accused
being convicted or acquitted, or unjustifiably
stopped for any reason not imputable to the
accused.
2. The termination contemplated here refers to a
termination that is final as to amount to a
jeopardy that would bar a subsequent
prosecution.
3. The term of prescription shall not run when the
offender is absent from the Philippine
Archipelago
4. The prescriptive period of continuing crime
cannot begin to run because there could be no
termination of continuity and the crime does not
end.
 The filing of the complaint with the municipal trial
court although only for preliminary investigation
interrupted and suspended the period of
prescription in as much as the jurisdiction of a
court in a criminal case is determined by the
allegation in the complaint or information not by
the result of proof
 Accused cannot be convicted of lesser offense
included within the offense charged, if the latter
has already prescribed. (Francisco vs. Court of
Appeals, 122 SCRA 545)
Situations which do NOT follow Art. 91:
1. Continuing crimes;
2. In crimes against false testimony
  If the testimony is against the defendant –
from the date final judgment was rendered;
 If the testimony is in favor of the defendant –
from the date when testimony was given
3. Election offenses – (1) if discovery of offense is
incidental to judicial proceedings, prescription
begins when such proceeding terminates;
otherwise, (2) from the date of commission of
offense.
4. Bigamy – although marriage is registered,
prescriptive period commences from date of
discovery.
Effect of filing an amended complaint or
information upon period of prescription
If the amendment charges a different crime, the date
of the amended complaint or information should be
considered. If it is merely a correction of a defect, the
date of the original complaint or information should be
considered.
ARTICLE 92
PRESCRIPTION OF PENALTIES
Prescription of the penalty – is the loss or forfeiture
of the right of the government to execute the final
sentence, after the lapse of a certain time.
Prescription of penalties is based on the penalty
imposed.
Prescriptive periods of penalties:
1. Death and reclusion perpetua – 20 years
2. Other afflictive penalties – 15 years
3. Correctional penalties – 10 years except for the
penalty of arresto mayor which prescribes in 5
years.
4. Light penalties – 1 year
 The penalties must be imposed by final sentence.
Hence, if the convict appealed and thereafter fled
to the mountains, the penalty imposed upon him
would never prescribe, because pending the
appeal the sentence is not final.
 If the accused was never arrested to serve his
sentence, the prescriptive period cannot
commence to run.
Prescription of the Crime Distinguished from
Prescription of the Penalty
PRESCRIPTION OF PRESCRIPTION OF THE
THE CRIME PENALTY
The forfeiture or loss of The forfeiture or loss of
the right of the State to the right of the
prosecute government to execute
the final sentence
It is the penalty It is the penalty imposed
prescribed by law that that should be
should be considered. considered.
ARTICLE 93
COMPUTATION OF THE PRESCRIPTION OF
PENALTIES
Outline:
1. Period of prescription commences to run from
the date when the culprit evaded the service of
his sentence.
2. It is interrupted if the convict:
a. Gives himself up;
b. Be captured;
c. Goes to a foreign country with which we
have no extradition treaty; or
d. Commits another crime before the expiration
of the period of prescription of penalty shall
commence to run again when the convict
escapes again, after having been captured
and retuned to prison.
Elements:
1. That the penalty is imposed by final judgment;
2. That the convict evaded the service of his
sentence by escaping during the term of his
sentence;
3. The convict who escaped from prison has not
given himself up, or been captured, or gone to a
foreign country with which we have no extradition
treaty, or committed another crime;
4. If our Government has extradition treaty with the
country to which the offender escaped, but the
crime committed is not included in the treaty, it is
believed that it would interrupt the running of the
prescriptive period.
5. That the penalty has prescribed because of the
lapse of the time from the date of the evasion of
service of the sentence by the convict
6. Acceptance of conditional pardon interrupts the
prescriptive period.
Period of prescription that ran during the evasion is
not forfeited
If the culprit is captured and evades again the service
of his sentence, the period of prescription that has run
in his favor should be taken into account.
CHAPTER TWO: PARTIAL EXTINCTION OF
CRIMINAL LIABILITY (ARTS. 94-99)
ARTICLE 94
PARTIAL EXTINCTION OF CRIMINAL LIABILITY
Criminal liability is partially extinguished: 3. He becomes liable under Art. 159. (This is the
1. By conditional pardon; judicial remedy.)
2. By commutation of sentence;  Allowance for good conduct is NOT given to
 The commutation of the original sentence for prisoners released under conditional pardon.
another of a different length and nature shall
have the legal effect of substituting the latter Special time allowance for loyalty – is the
in place of the former. deduction of 1/5 of the period of the sentence of a
3. For good conduct allowances which the culprit prisoner who, having evaded the service of his
may earn while he is serving his sentence; sentence during calamity or catastrophe mentioned in
4. By parole Art. 158, gives himself up to the authorities within 48
a. Parole – is the suspension of the sentence of hours following the proclamation by the President
a convict, after serving the minimum term of announcing the passing away of the calamity or
the indeterminate penalty, without being catastrophe.
granted a pardon, prescribing the terms  The authority to grant time allowance is
upon which the sentence shall be suspended exclusively vested in the Director of Prison. Such
b. If the convict fails to observe the condition of allowance once granted shall not be revoked.
the parole, the board of pardons and parole
is authorized to:
i. Direct his arrest and return to custody -----------------------
and thereafter.
ii. To carry out his sentence without
deduction of the time that has elapsed
between the date of the parole and the -----------------------
subsequent arrest.
5. By probation.
ARTICLE 100
Conditional Pardon Distinguished from Parole
CIVIL LIABILITY OF A PERSON
GUILTY OF FELONY
CONDITIONAL
PAROLE
PARDON Every person criminally liable for a felony is also
1. May be given at any 1. May be given after the civilly liable. (Art. 100)
time after final judgment; prisoner has served the
is granted by the Chief minimum penalty; is Exceptions:
Executive under the granted by the Board of 1. Victimless crimes;
provisions of the Pardons and Parole 2. Flight to enemy country.
Administrative Code under the provision of the
Indeterminate Sentence A crime has a dual character:
Law 1. As an offense against the State, because of the
2. For violation of the 2. For violation of the disturbance of the social order; and
conditional pardon, the terms of the parole, the 2. As an offense against the private person injured
convict may be ordered convict CANNOT BE by the crime, UNLESS it involves the crime of
re-arrested or re- PROSECUTED. UNDER treason, rebellion, espionage, contempt, and
incarcerated by the Chief ART. 159 OF THE RPC, others wherein no civil liability arises on the part
Executive, or may be he can be re-arrested of the offender, either because there are no
PROSECUTED under and re-incarcerated to damages to be compensated or there is no
Art. 159 of the Code serve the unserved private person injured by the crime.
portion of his original
penalty. Effect of Acquittal

Extinction of the penal action does NOT carry with is

Obligation incurred by a person granted
conditional pardon.
1. He must comply strictly with the conditions
imposed in the pardon.
2. Failure to comply with the condition shall result in
the revocation of the pardon. Under Section 64(i),
R.A.C., the Chief Executive may order his arrest
and reincarceration.
extinction of the civil; UNLESS the extinction
proceeds from a declaration in a final judgment that
the fact from which the civil liability might arise did not
exist. (See Section 1, Rule 111 of the 2000 Rules on
Criminal Procedure. Civil liability arising from other
sources of obligations is not impliedly instituted with
the criminal action).
Effect of dismissal of case
The dismissal of the information or the criminal action
does NOT affect the right of the offended party to
institute or continue the civil action already instituted
arising from the offense, because such dismissal or
extinction of the penal action does not carry with it the
extinction of the civil action.
Effect of death of the offender
If the offender dies prior to the institution of the action
or prior to the finality of judgment, civil liability ex-
delicto is extinguished. (De Guzman vs. People, G. R.
No. 154579. October 8, 2003)
 In all these cases, civil liability from sources other
than delict are not extinguished.
Rule if the offender is acquitted, insofar as the
civil liability is concerned
As a rule, if the offender is acquitted, the civil liability
is extinguished, EXCEPT:
1. If the acquittal is on the ground that the guilt has
not been proven beyond reasonable doubt;
2. The acquittal was due to an exempting
circumstance in favor of an imbecile or an insane
person, and a person under 15 years of age, or
those over 15 but under 18, who has acted
without discernment, or those acting under the
compulsion of an irresistible force or under the
impulse of an uncontrollable fear of equal or
greater injury;
3. When the court finds and states in its judgment
that there is only civil responsibility; and
4. When civil liability arises from other sources of
obligations.
ARTICLE 101
RULES REGARDING CIVIL LIABILITY IN CERTAIN
CASES
Civil liability is still imposed in cases falling under
exempting circumstances, EXCEPT:
1. No civil liability in paragraph 4 of Art. 12 which
provides for injury caused by mere accident.
2. No civil liability in paragraph 7 of Art. 12 which
provides for failure to perform an act required by
law when prevented by some lawful or
insuperable cause.
Persons civilly liable for acts of insane or minor
exempt form criminal liability
(Paragraphs 1, 2 and 3 of Article 12)
The civil liability for acts committed by an imbecile or
insane or minor exempt from criminal liability shall
devolve upon the person having legal capacity or
control over them, if the latter are at fault or negligent.
They are primarily liable.
If there is no fault or negligence on their part, or even
if at fault or negligent but insolvent, or should there be
no person having such authority or control, the
insane, imbecile, or such minor shall respond with
their own property not exempt from execution.
Persons civilly liable for acts of minors over 15
years of age who act with discernment
Article 201 of the Youth Welfare Code provides that
the civil liability for acts committed by a youth offender
shall devolve upon the following persons:
1. Offender’s father;
2. Mother, in case of the father’s death or
incapacity;
3. Guardian, in case of mother’s death or incapacity
Persons civilly liable for acts committed by
persons acting under irresistible force or
uncontrollable fear
a. The persons using violence or causing the fear
are primarily liable.
b. If there be no such persons, those doing the act
shall be liable secondarily
No civil liability is imposed in cases falling under
justifying circumstances, EXCEPT under paragraph 4
of Article 11, where a person does an act causing
damage to another, in order to avoid evil or injury, the
person benefited by the prevention of the evil or injury
shall be civilly liable in proportion to the benefit he
received.
ARTICLE 102
SUBSIDIARY LIABILITY OF INNKEEPERS,
TAVERNKEEPERS, AND PROPRIETORS OF
ESTABLISHMENTS
Elements under paragraph 1:
1. That the innkeepers, tavernkeeper or proprietor
of establishment or his employee committed a
violation of municipal ordinance or some general
or special police regulation.
2. That the crime is committed in such inn, tavern or
establishment.
3. That the person criminally liable is insolvent.
 Concurrence of all elements makes the
innkeeper, tavernkeeper, or proprietor civilly liable
for the crime committed in his establishment.
Elements under paragraph 2:
1. That the guests notified in advance the innkeeper
or the person representing of the deposit of their
goods within the inn or house.
2. The guests followed the directions of the
innkeeper or his representative with respect to
the care of and vigilance over such goods.
3. Such goods of the guests lodging therein were
taken by robbery with force upon things or theft
committed within the inn or house.
 No liability shall attach in case of robbery with
violence against or intimidation of persons,
unless committed by the innkeeper’s employees.
ARTICLE 103
SUBSIDIARY CIVIL LIABILITY OF OTHER
PERSONS
Elements:
1. The employer, teacher, person, or corporation is
engaged in any kind of industry.
2. Any of their servants, pupils, workmen,
apprentices, or employees commits a felony
while in the discharge of his duties.
3. The said employee is insolvent and has not
satisfied his civil liability.
Notes:
 The employment of the diligence to be expected
of a good father of a family in the selection and
supervision of his employees will not exempt the
parties subsidiarily liable for damages.
 Subsidiary liability of employer arises only after
the conviction of the employee in the criminal
action.
 A hospital doing charitable service is not
engaged in industry; hence, not subsidiarily liable
for acts of nurses.
 If committed by a family driver, employer may be
held liable on a quasi-delict.
-----------------------
ARTICLE 104
WHAT IS INCLUDED IN CIVIL LIABILITY
Restitution – restitution of the thing itself must be
made whenever possible even when found in the
possession of a third person except when acquired by
such person in any manner and under the
requirements which, by law, bar an action for its
recovery.
 Restitution cannot be ordered before final
judgment.
 The liability to return a thing must arise from a
criminal act, not from a contract
 Restitution can be ordered even if accused was
acquitted but the thing was proved to belong to a
third person.
 Limited only to crimes against property BUT:
a. In a treason case, the defendant was
ordered to return the money he took from
another person when he committed the
treasonous act. (People vs. Logo, 80 Phil,
377, 379)
b. In an abduction case, the defendant was
ordered to return the money taken from the
offended girl. (U.S. vs. Banila, 19 Phil, 130,
134)
Reparation of damages – reparation will be ordered
by the court if restitution is not possible. The court
shall determine the amount of damage, taking into
consideration the price of the thing, whenever
possible, and its special sentimental value to the
injured party. It refers generally to crimes against
property.
Indemnification for damages – includes not only those
caused the injured party but also, those suffered by
his family or by a third person by reason of the crime.
It is ordinarily the remedy granted to the victims of
crimes against persons.
Reparation of and indemnification for damages may
be obtained only from the accused and his heirs.
Payment of civil liability:
Only principals Pro rata
Solidary obligation
Principal accomplice, and accessory:
Principals - pro rata 50% of the civil liability
Accomplices - 2/3 of 50%
Accessories - 1/3 of 50%
The principals, accomplices and accessories shall be
liable severally among themselves and subsidiarily for
those of the other persons liable
CHAPTER THREE: EXTINCTION ---
ARTICLE 112
EXTINCTION OF CIVIL LIABILITY
Civil liability is extinguished:
1. By payment or performance;
2. By the condonation or remission of the debt;
3. By the confusion or merger of the rights of the
creditor and debtor;
4. By compensation;
5. By novation;
6. Other causes of extinguishments of obligations,
such as annulment, rescission, fulfillment of a
resolutory condition, and prescription.
Note: Civil liability in criminal cases is not
extinguished by the loss of the thing due because
reparation will be ordered by the court in such cases.
BOOK TWO
SECTION ONE: TREASON AND ESPIONAGE
ARTICLE 114
TREASON
Treason – a breach of allegiance to a government,
committed by a person who owes allegiance to it.
Allegiance - the obligation of fidelity and obedience
which the individual owes to the government under
which he lives or to his sovereign, in return for the
protection he receives. Hence an alien residing in the
Philippines may be prosecuted for acts of treason due
to the temporary allegiance he owes to the Philippine
government.
Elements of treason:
1. That the offender owes allegiance to the
Government of the Philippines; (he is either a
Filipino citizen or an alien residing in the
Philippines.)
 An alien owes permanent allegiance to his
own country, at the same time, a temporary
allegiance to the country where he resides.
2. That there is a war in which the Philippines is
involved;
 Treason is a war crime. It remains dormant
until the emergency arises. But as soon as
war start, it is put into effect (Laurel vs. Misa,
77 Phil 865)
3. That the offender either (modes of committing):
a. Levies war against the government; or
b. Adheres to the enemies, giving them aid or
comfort.
Ways of being committed:
1. Levying war
 It means that (a) there is an actual
assembling of men (b) for the purpose of
executing a treasonable design by force.
Criminal Law
 It is not necessary that there be a formal
declaration of the existence of a state of war.
Actual hostilities may determine the date of
the commencement of war (U.S. vs.
Lagnason, 3 Phil 495)
 The levying of war must be with intent to
overthrow the government not merely to
resist a particular statute or to repel a
particular officer. It is not necessary that
those attempting to overthrow the
government by force of arms should have
the apparent power to succeed in their
design, in whole or in part.
----- ----
The purpose of levying Such purpose is not
was is to help the enemy necessary (e.g. civil
uprising)
Adherence to the enemies, giving them aid and
comfort
 Requires BOTH (a) adherence to the enemies
and (b) giving of aid or comfort to them
 The term “enemy” applies only to the subjects of
a foreign power in a state of hostility with the
traitor’s country. It does not embrace rebels in
insurrection against their own country for in that
case the crime would be rebellion. The aid or
comfort given to the enemies must be after the
declaration of war between the countries.
 The act committed need not actually strengthen
the enemy or be successful.
“Adherence to enemy”
it means that there is intent to betray. The accused
intellectually or emotionally favors the enemy and
harbors sympathies or convictions disloyal to his
country’s policy or interest.
Meaning of “rendering aid or comfort”
It means an act which strengthens or tends to
strengthen the enemy in the conduct of war against
the traitor’s country or any act which weakens or
tends to weaken the power of the traitor’s country to
resist or to attack the enemy.
 Extent of aid or comfort – it must be a deed or
physical activity and not merely a mental
operation
 Emotional or intellectual attachment or sympathy
to the enemy, without giving the enemy aid or
comfort, is NOT treason.
 Giving information to (People vs. Paar, 86 Phil.
864) or commandeering foodstuffs (People vs.
Mangahas, 93 Phil ---) for the enemy is evidence
of both adherence and aid or comfort.
 Being a Makapili constitutes an overt act of
psychological comfort. It was no different from
that of enlisting in the invader’s army (People vs.
Adriano, 78 Phil 563)
Adherence may be proved:
1. by one witness;
2. from the nature of the at itself; or
3. from the circumstances surrounding the act.
Ways of proving Treason (overt act):
1. Testimony of two witnesses, at least, to the same
overt act (two-witness rule); or
Reason for the two-witness rule:
The special nature of the crime of treason
requires that the accused be afforded a special
protection not required in other cases so as to
avoid a miscarriage of justice. The extreme
seriousness of the crime, for which death is one
of the penalties provided by law, and the fact that
the crime is committed in abnormal times, when
small differences may in mortal enmity wipe out
all scruples in sacrificing the truth.
2. Confession of guilt by the accused in open court.
 It is sufficient that the witnesses are uniform
in their testimony on the overt act. It is not
necessary that there be corroboration
between them.
 Treason absorbs crimes committed in furtherance
thereof. Treason cannot be complexed with other
crimes
 Treason is a CONTINOUS OFFENSE. All overt
acts of treason that the accused has committed
constitute a single offense.
 There is no treason thru negligence. The overt
act of giving aid or comfort to the enemy must be
intentional.
 Mere acceptance of public office and discharge
of official duties under the enemy do not
constitute per se the felony of treason. But when
the position is policy-determining, the acceptance
of public office and the discharge of official duties
constitute treason.
 When killings and other common crimes are
charged as overt acts of treason, they cannot be
regarded as separate crimes, or complexed with
treason.
 Treason committed in a foreign country may be
prosecuted in the Philippines (Art. 2, RPC).
 Treason by an alien must be committed in the
Philippines (EO 44), except in case of conspiracy.
ARTICLE 115
CONSPIRACY & PROPOSAL
TO COMMIT TREASON
Conspiracy to commit treason – committed when in
time of war, two or more persons come to an
agreement to levy war against the Government or to
adhere to the enemies and to give them aid or
comfort, and decide to commit it (Arts. 8 and 114)
Proposal to commit treason – committed when in
time of war a person has decided to levy was against
the Government or to adhere to the enemies and to
give them aid or comfort, proposes its execution to
some other person or persons (Arts. 8 and 114)
 As a general rule, conspiracy and proposal to
commit a felony is not punishable (Article 8), Art.
115 is an exception as it specifically penalizes
conspiracy and proposal to commit treason.
 The two-witness rule does NOT apply because
this is a separate and distinct offense.
 These felonies are absorbed if treason is actually
committed
ARITCLE 116
MISPRISION OF TREASON
Elements:
1. That the offender is a citizen of the Philippines;
2. That he has knowledge of any conspiracy against
the Government;
3. That the conspiracy is one to commit treason;
4. That he conceals or does not disclose and make
known the same as soon as possible to the
proper authority.
 Art. 116 does NOT apply when treason is
already committed and the accused does not
report its commission.
 Art. 116 is an EXCEPTION to the rule that
mere silence does not make a person
criminally liable.
 The phrase “shall be punished as an
accessory to the crime of treason,” does not
mean that the offender is, legally speaking,
an accessory to the crime of treason
because he is already a principal in the
crime of misprision of treason. It simply
 means that the penalty imposed is that of an
accessory to the crime of treason.
 Offender is, however, a principal in the crime
of misprision of treason as it is a separate
and distinct offense from the crime of
treason.
ARTICLE 117
ESPIONAGE
Espionage – the offense of gathering, transmitting, or
losing information respecting the national defense
with intent or reason to believe that the information is
to be used to the injury of the Republic of the
Philippines or to the advantage of a foreign nation.
Two ways of committing:
1. By entering , without authority, a warship, fort, or
military or naval establishment or reservation to
obtain any information, plan or other data of
confidential nature relative to the defense of the
Philippines.
Elements:
a. That the offender enters any of the places
mentioned therein;
b. That he has no authority therefore;
c. That his purpose is to obtain
information, plans, photographs or other
data of a confidential nature relative to
the defense of the Philippines.
 Offender must have the intention to
obtain information relative to the
defense of the Philippines.
However, it is not necessary that
the information is obtained.
2. By disclosing to the representative of a foreign
nation the contents of the articles, data or
information referred to in the preceding
paragraph, which he had in his possession by
reason of the public office he holds.
Elements:
1. That the offender is a public officer;
2. That he has in his possession the articles,
data or information referred to in par. No. 1
of Art. 117, by reason of the public office he
holds;
3. That he discloses their contents to a
representative of a foreign nation.
COMMONWEALTH ACT NO. 616
An Act to Punish Espionage and Other Offenses
Against National Security Acts Penalized
1. Unlawfully obtaining or permitting to be obtained
information affecting national defense.
Ways of Violating Sec. 1:
a. By going upon, entering, flying over or
otherwise obtaining information concerning
any vessel, aircraft, work of defense or other
place connected with the national defense or
any other place where any vessels, aircrafts,
arms, munitions or other materials for use in
time of war are being made, or stored, for
the purpose of obtaining information
respecting national defense, within intent to
use it to the injury of the Philippines or to the
advantage of any foreign nation.
b. By copying, taking, making or patenting or
inducing or aiding another to copy, take,
make or obtain any sketch, photograph,
photographic negative, blueprint, plan, map
instrument, appliance, document, writing or
note of anything connected with the national
defense, for the same purpose and with like
intent as in par. A.
c. By receiving or obtaining or agreeing or
attempting or inducing or aiding another to
receive or obtain from any sources any of
hose data mentioned in par. B, code book or
signal book, knowing that it will be obtained
of disposed by any person contrary to the
provisions of this act.
d. By communicating or transmitting, or
attempting to communicate or transmit to
any person not entitled to receive it, by
willfully retaining and falling to deliver it on
demand to any officer or employee entitle to
receive it, the offender being in possession
of, having access to, control over, or being
entrusted with any of the data mentioned in
par. B, or code book or signal book.
e. By permitting, through gross negligence, to
be removed from its proper place or custody
or delivered to anyone in violation of his
trust, or to be lost, stolen, abstracted or
destroyed any of the data mentioned in par.
B, code book or signal book, the offender
being entrusted with or having lawful
possession or control of the same
2. Unlawfully disclosing information affecting
national defense
Ways of violating Sec. 2:
a. By communicating, delivering or transmitting
or attempting or aiding or inducing another to
do it, to any foreign government or any
faction or party or military or naval force
within a foreign country, whether recognized
or unrecognized by the Philippines, or to any
representative, officer, employee, subject or
citizen thereof, any of the data mentioned in
par. B of Sec. 1 hereof, code book or signal
book.
 b. In time of war, by collecting, recording,
publishing or communicating or attempting to
elicit any information with respect to the
movement, number, description, condition,
or disposition of any of the armed forces,
ships, aircraft, or war materials of the
Philippines, or with respect to the plans or
conduct of any military, naval or air
operations or with respect to any works or
measures undertaken for the fortification or
defense of any place, or any other
information relating to the public defense,
which might be useful to the enemy.
3. Disloyal acts or words in time of peace
Ways of violating Sec. 3:
a. By advising, counseling, urging or in any
other manner by causing insubordination,
disloyalty, mutiny or refusal of duty of any
member of the military, naval or air forces of
the Philippines
b. By distributing any written or printed matter
which advises, counsels, or urges such
insubordination, disloyalty, mutiny, or refusal
of duty
4. Disloyal acts or words in time of war
Ways of violating Sec. 4:
a. By willfully making or conveying false reports
or false statements with intent to interfere
with the operations or success of the Armed
Forces of the Philippines
b. To promote the success of its enemies, by
willfully causing or attempting to cause
insubordination, disloyalty, mutiny or refusal
of duty in the Armed Forces of the
Philippines
c. By willfully obstructing the recruiting or
enlistment service
5. Conspiracy to commit the preceding acts
Requisites:
a. 2 or more persons conspire to violate the
provisions of Sec. 1, 2, 3, or 4 of this Act;
b. 1 or more of such persons do any act to
effect the object of the conspiracy.
6. Harboring or concealing violators of the Act
Requisites;
a. The offender knows that a person has
committed or is about to commit an offense
under this Act;
b. The offender harbors or conceals such
person.
Espionage Distinguished from Treason
ESPIONAGE TREASON
Both are crimes not conditioned by the citizenship of
the offender.
May be committed both Is committed only in time
in time of peace and in of war.
time of war.
May be committed in Is limited to two ways of
many ways committing the crime:
levying war, and adhering
to the enemy giving them
aid or comfort.
SECTION TWO: PROVOKING WAR AND
DISLOYALTY IN CASE OF WAR
ARTICLE 118
INCITING TO WAR OR GIVING MOTIVES FOR
REPRISALS
Elements:
1. That the offender performs unlawful or
unauthorized acts;
2. That such acts provoke or give occasion for (a) a
war involving or liable to involve the Philippines
or (b) expose Filipino citizens to reprisals on their
persons & property.
3. Intention of the accused is immaterial.
4. This is committed in time of peace.
5. Penalty is higher when the offender is a public
officer or employee.
ARTICLE 119
VIOLATION OF NEUTRALITY
Elements:
1. That there is a war in which the Philippines is not
involved;
2. That there is a regulation issued by a competent
authority for the purpose of enforcing neutrality;
3. That the offender violates such regulation.
Neutrality – the condition of a nation that in time of
war takes no part in the dispute but continues
peaceful dealings with the belligerents
*There must be a regulation issued by competent
authority or the enforcement of neutrality
ARTICLE 120
CORRESPONDENCE WITH HOSTILE COUNTRY
Elements:
1. That it is made in time of war in which the
Philippines is involved;
2. That the offender makes correspondence with
the: (a) enemy country or (b) territory occupied by
the enemy troops;
3. That the correspondence is either:
a. Prohibited by the Government; or
b. Carried on in ciphers or conventional signs;
or
c. If notice or information be given thereby
which might be useful to the enemy.

Correspondence – communication by means of
letters; or it may refer to the letters which pass
between those who have friendly or business
relations
 Even if the correspondence contains innocent
matters, if the correspondence has been
prohibited by the government, it is punishable
because of the possibility that some information
useful to the enemy might be revealed
unwittingly,
 Prohibition by the Government is NOT essential
when carried on in ciphers or useful to the
enemy.
Circumstances qualifying the offense
The following must concur:
1. That the notice or information might be useful to
the enemy;
2. That the offender intended to aid the enemy.
ARTICLE 121
FLIGHT TO ENEMY’S COUNTRY
Elements:
1. That there is a war in which the Philippines is
involved;
2. That the offender owes allegiance to the
Government;
3. That the offender attempts to flee or go to the
enemy country;
 An alien resident may be guilty of flight to enemy
country, because an alien owed allegiance to the
Philippine government albeit temporary.
 Mere attempt to flee or go to enemy country
consummates the crime.
SECTION THREE: PIRACY AND MUTINY OF THE
HIGH SEAS
ARTICLE 122
PIRACY IN GENERAL AND MUTINY ON THE HIGH
SEAS
Piracy – it is robbery or forcible depredation on the
high seas, without lawful authority and done with
animo furandi and in the spirit and intention of
universal hostility.
Two ways or modes of committing piracy:
1. By attacking or sizing a vessel on the high seas
or in Philippine waters;
2. By seizing in the vessel while on the high seas or
in Philippine waters the whole or part of its cargo,
its equipment or personal belongings of its
complement or passengers.
Elements of piracy:
1. That a vessel is on the high seas or on Philippine
waters;
2. That the offenders are not members of its
complement or passengers of the vessel;
3. That the offenders:
a. Attack or seize the vessel; or
b. Seize the whole or part of the cargo of said
vessel, its equipment or personal belongings
of its complement or passengers.
High seas – waters which are beyond the boundaries
of the low-water mark although such waters may be in
the jurisdictional limits of a foreign government, parts
of the sea that are not included in the exclusive
economic one, in the territorial seas, or in the internal
waters of a state, or in the archipelagic waters of an
archipelagic state (United Nations Convention on the
Law of the Sea)
Philippine waters – shall refer to all bodies of water,
such as but not limited for seas, gulfs, bays, around,
between and connecting each of the islands of the
Philippine Archipelago, irrespective of its depth,
breadth, length or dimension, and all waters
belonging to the Philippines by historic, or legal title,
including territorial sea, the sea-bed, the insular
shelves, and other submarine areas over which the
Philippines has sovereignty and jurisdiction (Sec. 2,
P.D. 532).
Piracy Distinguished from
Robbery on the High Seas
ROBBERY ON THE
PIRACY
HIGH SEAS
The offender is an The offender is a member
outsider. of the complement or a
passenger of the vessel.
In both, there is intent to gain and the manner of
committing the crime is the same.
 Piracy is a crime not against any particular state
but against all mankind. It may be punished in the
competent tribunal of any country where the
offender may be found or into which he may be
carried.
Mutiny – the unlawful resistance to a superior, or the
raising of commotions and disturbances of board a
ship against the authority of its commander
PIRACY MUTINY
The persons who attack Mutiny is committed by
a vessel or seize its members of the crew or
cargo are strangers to passengers.
the vessels.
Intent to gain is essential The offenders may only
intend to ignore the ship’s
officers or they may be
prompted by a desire to
commit plunder.
 Pursuant to Art. 122, as amended by RA 7659,
Piracy and Mutiny may be committed in the
Philippine Waters.
PRESIDENTIAL DECREE NO. 532
Anti-Piracy and Anti-Highway
Robbery Law of 1974
Vessel – any vessel or watercraft used for (a)
transport of passengers and cargo or (b) for fishing.
 Punishes the act of AIDING OR ABETTING
PIRACY.
Requisites:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such
pirates, or in any manner derives any benefit
therefrom;
3. Directly or indirectly abets the commission of
piracy.
Note: Under PD 532, piracy in the Philippine waters
may be committed even by a passenger or member of
the complement of the vessel.
THUS, under the present laws (Article 122 as
amended by RA 7659 and PD 532):
PIRACY may be committed in the Philippine
waters or in the high seas by any person
(outsider, passenger, or member of the
complement of the vessel).
MUTINY may be committed in Philippine waters or
in the high seas by members of the crew or
passengers.
ARTICLE 123
QUALIFIED PIRACY
Qualifying Circumstances:
1. Whenever the offenders have seized the vessel
by boarding or firing upon the same;
2. Whenever the pirates have abandoned their
victims without means of saving themselves;
3. Whenever the crime is accompanied by murder,
homicide, physical injuries, or rape.
 The “crimes” mentioned in the article which
are qualified are piracy and mutiny on the
high seas.
 Qualified piracy is a SPECIAL COMPLEX
CRIME punishable by reclusion perpetua to
death regardless of the number of victims
 Offenders are not liable for the separate
crimes of murder, homicide, physical injuries,
or rape.
REPUBLIC ACT NO. 6235
Anti-Hijacking Law
Acts punished:
1. Usurping or seizing control of an aircraft of
Philippine registry while it is in flight; or
compelling the pilots thereof to change its course
or destination.
Note: When the aircraft is not in flight, the
usurpation or seizure of the aircraft may amount
to coercion or threat.
2. Usurping or seizing control of an aircraft of
foreign registry, while within Philippine territory,
or compelling the pilots thereof to land in any part
of Philippine territory;
Aggravating circumstances to acts nos. 1 and
2:
a. When the offender has fired upon the pilot,
member of the crew, or passenger of the
aircraft;
b. When the offender has exploded or
attempted to explode any bomb or explosive
to destroy the aircraft;
c. Whenever the crime is accompanied by
murder, homicide, serious physical injuries or
rape.
3. Carrying or loading on board an aircraft operating
as a public utility passenger aircraft in the
Philippines flammable, corrosive, explosive or
poisonous substances;
4. Loading, shipping, or transporting on board a
cargo aircraft operating as a public utility in the
Philippines, flammable, corrosive, or poisonous
substance if not done in accordance with the
rules and regulations of the Air Transportation
Office.
Meaning of “aircraft is in flight” – from the moment
all exterior doors are closed following embarkation
until the same doors are again opened of
disembarkation.
TITLE TWO: CRIMES AGAINST THE
FUNDAMENTAL -------

 All offenses in this Title are required to be
committed by public officers except offending the
religious feelings.
CHAPTER ONE: ARBITRARY DETENTION OR
EXPULSION, VIOLATION OF DWELLING
PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETING AND
CRIMES AGAINST RELIGIOUS WORSHIP
(ARTS. 124-133)
SECTION ONE: ARBITRARY DETENTION AND
EXPULSION
ARTICLE 124
ARBITRARY DETENTION
Elements:
1. That the offender is a public officer or employee;
2. That he detains a person;
3. That the detention is without legal ground.
Detention – a person is detained when he is placed
in confinement or there is restraint on his person.
 Detention need not involve any physical restraint.
Psychological restraint is sufficient. If the acts
and actuations of the accused can produce such
fear in the mind of the victim sufficient to paralyze
the latter, to the extent that the victim is
compelled to limit his own actions and
movements in accordance with the wishes of the
accused, then the victim is, for all intents and
purposes, detained against his will (Astoga vs.
People, G.R. No. 154130 Oct. 1, 2003)
Legal grounds for the detention of persons:
1. The commission of a crime
2. Violent insanity or other ailment requiring
compulsory confinement of the patient in a
hospital
 The public officer liable for arbitrary detention
must be vested with authority to detain or order
the detention of persons accused of a crime, but
when they detain a person they have no legal
grounds therefore.
 If the detention is perpetrated by other public
officers, the crime committed is illegal detention.
 The penalty for Arbitrary Detention depends upon
the period of detention involved. A greater penalty
is imposed if the period is longer.
 Arrest without a warrant is the usual cause of
arbitrary detention. The crime of unlawful arrest
is, however, absorbed in the crime of arbitrary
detention.
Arrest without warrant – when LAWFUL:
1. When, in his presence, the person to be arrested
has committed, is actually committing, or is
attempting to commit an offense.
 “In his presence” – when the officer sees
the offense being or hears the disturbance
created thereby and proceeds at once to the
scene thereof, or when the offense is
continuing or has not been consummated at
the time the arrest is made, the offense is
said to be committed in his presence. (U.S.
vs. Samonte, 16 Phil 576)
2. When an offense has in fact just been committed
and he has probable cause to believe based on
personal knowledge of facts and circumstances
that the person to be arrested has committed it;
3. When the person to be arrested is a prisoner, has
escaped from a penal establishment, or place
where he is serving final judgment or temporarily
confined while his case is pending, or has
escaped while being transferred from one
confinement to another. (Sec. 5, Rule 113,
Revised Rules of Criminal Procedure)
 It may be committed through imprudence.
ARTICLE 125
DELAY IN THE DELIVERY OF DETAINED
PERSONS TO THE PROPER JUDICIAL
AUTHORITIES
Elements:
1. That the offender is a public officer or employee;
2. That he has detained a person for some legal
ground (Sec. 5, Rule 113, Rules of Court);
3. That he fails to deliver such person to the proper
judicial authorities within:
a. 12 hrs. for offenses punishable by light
penalties or their equivalent
b. 18 hrs. for offenses punishable by
correctional penalties or their equivalent.
c. 36 hrs. for offenses punishable by afflictive
penalties or their equivalent.
Circumstances considered in determining liability
of officer detaining a person beyond legal period:
1. The means of communication;
2. The hour of arrest; and
3. Other circumstances such as the time of
surrender and the material possibility of the fiscal
to make the investigation and file in time the
necessary information.
Meaning of “proper judicial authorities”
It refers to the courts of justice or judges of said
courts vested with judicial power to order the
temporary detention or confinement of a person
charged with having committed a public offense.
Reason for Article 125
It is intended to prevent any abuse resulting from
confining a person without informing him of his
offense and without permitting him to go on bail
 If the offender is private individual – the crime is
ILLEGAL DETENTION under Art. 267.
 The illegality of the detention is not cured by the
filing of information in court.
 Art. 125 applies only when the arrest is made
without a warrant of arrest but lawful. It does NOT
apply when the arrest is by virtue of a warrant of
arrest, in which case he can be detained
indefinitely. He must, however, be delivered
without unnecessary delay to the nearest police
station or jail
 Person arrested may request for a preliminary
investigation but must sign a waiver of Art. 125.
“Delivery to proper authorities”
it means filing of an information against the person
arrested with the corresponding court or judge.
Art. 125 distinguished from Art. 124
ARTICLE 124 ARTICLE 125
The detention is illegal The detention is legal in
from the beginning. the beginning but the
illegality of the detention
starts from the expiration
of any of the periods of
time specified in Art. 125,
without the person
detained having been
delivered to the proper
judicial authority
ARTICLE 126
DELAYING RELEASE
Three acts punished:
1. By delaying the performance of a judicial or
executive order for the release of a prisoner;
2. By unduly delaying the service of the notice of
such order to said prisoner;
3. By unduly delaying the proceedings upon any
petition for the liberation of such person.
Elements:
1. That the offender is a public officer or employee;
2. That there is a judicial or executive order for the
release of a prisoner or detention prisoner, or that
there is a proceeding upon a petition for the
liberation of such person;
3. That the offender without good reason delays
either:
a. The service of the notice of such order to
the prisoner;
b. The performance of such judicial or
executive order for the release of the
prisoner; or
c. The proceedings upon a petition for the
release of such person.
ARTICLE 127
EXPULSION
Two acts punished:
1. By expelling a person from the Philippines;
Note: If the person expelled is a Filipino, the
crime committed is grave coercion.
2. By compelling a person to change his residence.
Exception: (no expulsion) in cases of ejectment,
expropriation or when the penalty imposed is
destierro.
Elements:
1. That the offender is a public officer or employee;
2. That he expels any person from the Philippines,
or compels a person to change his residence;
3. That the offender is not authorized to do so by
law.
 Only the President of the Philippines is
authorized to deport aliens under the Revised
Administrative Code.
 Only the court by a final judgment can order a
person to change residence.
SECTION TWO: VIOATION OF DOMICILE
ARTICLE 128
VIOLATION OF DOMICILE
Punishable acts:
1. By entering any dwelling against the will of the
owner thereof;
2. By searching papers or other effects found
therein without the previous consent of such
owner;
3. By refusing to leave the premises, after having
surreptitiously entered said dwelling and after
having been required to leave the same.
Common elements:
1. That the offender is public officer or employee;
2. That he is not authorized by judicial order to enter
the dwelling and/or to make a search for papers
and for other effects.
Qualifying circumstances:
1. If committed at nighttime;
2. If any papers or effects, not constituting evidence
of a crime are not returned immediately after a
search is made by the offender.
 The offender must be a public officer or
employee. If he is a private individual, the crime
committed is TRESPASS TO DWELLING.
 In the first mode, lack of consent would not
suffice as the law requires that the offender’s
entry must be over the owner’s objection.
In the second mode, mere lack of consent is
sufficient
In the third mode, what is punished is the refusal
to leave, the entry having been made
surreptitiously.
 It is believed, however, that if the surreptitious
entry had been made through an opening not
intended for that purpose, the offender would be
liable under the first mode since it is entry over
the implied objection of the inhabitant.
 Although the Code speaks of the owner of the
premises, it would be sufficient if the inhabitant is
the lawful occupant using the premises as his
dwelling, although he is not the proprietary owner
thereof.
Meaning of “against the will of owner”
It presupposes opposition or prohibition by the owner,
WHETHER EXPRESS OR IMPLIED, and not merely
the absence of consent.
ARTICLE 129
SEARCH WARRANTS MALICIOUSLY OBTAINED
AND ABUSE IN THE SERVCE OF THOSE
LEGALLY OBTAINED
Punishable Acts:
1. Procuring a search warrant without just cause
Elements:
a. That the offender is a public officer or
employee;
b. That he procures a search warrant;
c. That there is no just cause.
2. Exceeding this authority or by using unnecessary
severity in executing a search warrant legally
procured.
Elements:
a. That the offender is a public officer of
employee;
b. That he has legally procured a search
warrant;
c. That he exceeds his authority or uses
unnecessary severity in executing the
same.
Search warrant – is an order in writing issued in the
name of the People of the Philippines, signed by the
judge and directed to a peace officer, commanding
him to search for personal property described therein
and bring it before the court.
Requisite for the issuance of search warrant
A search warrant shall not issue except upon
probable cause in connection with one specific
offense to be determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be searched and
the things to be seized which may be anywhere in the
Philippines. (Sec. 4, Rule 126, Revised Rules of
Criminal Procedure)
Test of lack of just cause
Whether the affidavit filed in support of the application
for search warrant has been drawn in such a manner
that perjury could be charged thereon and affiant can
be held liable for damages caused.
 If the search warrant is secured through a false
affidavit, the crime punished by this article
CANNOT be complexed but will be a separate
crime from perjury since the penalty herein
provided shall be IN ADDITION TO the penalty of
perjury.
 A search warrant shall be valid for ten (10) days
from its date.
ARTICLE 130
SEARCHING DOMICILE WITHOUT WITNESSES
Elements:
1. That the offender is a public officer or employee;
2. That he searches the domicile, papers or other
belongings of any person;
3. That he is armed with a warrant;
4. That the owner or any member of his family or
two witness residing in the same locality are not
present.
 The papers or other belongings must be in the
dwelling of their owner at the time the search is
made.
 Art. 130 does NOT apply to searches of vehicles
or other means of transportation.
 Search without warrant under the Tariff and
Customs Code does not include a dwelling
house.

SECTION THREE: PROHIBITION, INTERRUPTION,
AND DISSOLUTION OF PEACEFUL MEETINGS
ARTICLE 131
PROHIBITION, INTERRUPTION, & DISSOLUTION
OF PEACEFUL MEETINGS
Punishable acts:
1. Prohibiting or interrupting, without legal ground
the holding of a peaceful meeting, or by
dissolving the same;
2. Hindering any person from joining any lawful
association or from attending any of its meetings;
3. Prohibiting or hindering any person addressing,
either alone or together with others, any petition
to the authorities for the correction of abuses or
redress of grievances.
Common elements:
1. That the offender is a public officer;
2. That he performs any of the acts mentioned
above
 There is no legal ground to prohibit when the
danger is not imminent and the evil to be
prevented is not a serious one.
 The offender must be a stranger, and not a
participant, if the offender is a participant, the
crime committed is unjust vexation.
 Interrupting and dissolving the meeting of
municipal council by a public officer is a crime
against a legislative body, not punished under
Art. 131 but under Art. 143 and 144.
 If the offender is a private individual, the crime is
disturbance of public order under Art. 153.
SECTION FOUR: CRIMES AGAINSE RELIGIOUS
WORSHIP
ARTICLE 132
INTERRUPTION OF RELIGIOUS WORSHIP
Elements:
1. That the offender is a public officer of employee;
2. That religious ceremonies or manifestations of a
religion are about to take place or are going on;
3. That the offender prevents or disturbs the same.
 Qualified by violence or threats
 If the prohibition or disturbance is committed only
in a meeting or rally of a sect, it would be
punishable under Art. 131.
ARTICLE 133
OFFENDING RELIGIOUS FEELINGS
Elements:
1. That the acts complained of were performed:
a. in place devoted to religious worship [not
necessary that there is a religious worship];
or
b. during the celebration of any religious
ceremony;
2. That the acts must be notoriously offensive to the
feelings of the faithful.
Religious ceremonies – are those religious acts
performed outside of a church, such as procession
and special prayers for burying dead person
“Acts notoriously offensive to the feelings of the
faithful.”
The acts must be directed against religious practice or
dogma or ritual for the purpose of ridicule, as mocking
or scoffing at or attempting to damage an object or
religious veneration.
 May be committed by a public officer or a private
individual
 Offense of feeling is judged from complainant’s
point of view.
There must be deliberate intent to hurt the feelings of
the faithful
TITLE THREE: CRIMES AGAINST PUBLIC ORDER
ARTICLE 134
REBELLION/INSURRECTION
Elements:
1. That there be:
a. Public uprising;
b. Taking up of arms against the Government;
2. For the purpose of:
a. Removing from the allegiance to said
Government or its laws:
i. The territory of the Philippines, or any
part thereof; or
ii. Any body of lad, naval or other armed
forces; or
b. Depriving the Chief Executive or Congress,
wholly or partially, of any of their powers or
prerogatives.
 If the act is to deprive the Judiciary of its powers
or prerogatives, the crime committed is sedition.
Rebellion – more frequently used where the object of
the movement is to completely overthrow and
supersede the existing government. It is a vast
movement of men and a complex network of intrigues
and plots. Purpose of the uprising must be shown,
without evidence to indicate the motive or purpose of ARTICLE 134-a
the accused does not constitute rebellion. It may COUP D’ETAT
constitute other crimes like sedition or kidnapping.
Element of Coup d’ etat:
Insurrection – more commonly employed in 1. That the offender is a person or persons
reference to a movement which seeks merely to effect belonging to military or police or holding any
some change of minor importance, or to prevent the public office or employment;
exercise of governmental authority with respect to 2. That it is committed by means of a swift attack,
particular matters or subjects. accompanied by violence, intimidation, threat,
strategy, or stealth;
*Actual clash with the armed forces of the 3. That the attack is directed against duly
Government is NOT necessary to convict the accused constituted authorities of the Republic of the
who is in conspiracy with others actually taking arms Philippines or any military camp, or installation, or
against the government. communication networks, public utilities or other
facilities needed for the exercise and continued
Rebellion distinguished from treason possession of power;
REBELLION TREASON 4. That the purpose of the attack is to seize or
diminish state power.
The levying of war The levying of war
against the government against the government  The crime of coup d’ etat may be committed with
during peace time for any would constitute treason or without civilian participation.
purpose mentioned in Art. when performed to aid  State power includes power of the President,
134 is rebellion. the enemy. Legislative and Judicial Power, including police
It always involves taking It may be committed by power.
up arms against the mere adherence to the  ‘Public Utilities’ is mentioned by Law because it is
government enemy, giving him aid important and necessary for the continued
and comfort. possession of power.

 Giving aid and comfort is not criminal in rebellion.

ARTICLE 135
Rebellion distinguished from subversion PENALTY FOR REBELLION OR INSURRECTION
REBELLION SUBVERSION OR COUP D’ ETAT

Crime against public Crime against national Persons liable for rebellion, insurrection and/or
order. security coup d’ etat:
There must be public Being officers and
uprising to overthrow the ranking members of  The leaders –
government. subversive group  Any person who
constitute subversion a. Promotes;
b. Maintains; or
 Persons acting as couriers or spies for rebels are c. Heads a rebellion or insurrection; or
guilty of rebellion
 Any person who –
 Mere silence regarding the presence of rebels a. Leads
despite knowledge of a rebellion is not b. Directs; or
punishable no crime of misprision of rebellion. c. Commands others to undertake a coup
d’ etat;
 Rebellion cannot be complexed with, but absorbs
other crimes committed in furtherance of  The participants –
rebellious movement. There is no complex crime  Any person who
of rebellion with murder and other common 1. Participates; or
crimes, whether such crimes are punishable 2. Executes the commands of others in
under a special law or general law (RPC) rebellion, or insurrection;
provided that such crimes are committed in
furtherance or in pursuance of the movement to  Any person in the government service who
overthrow the government. (Ponce Enrile v. 1. Participates; or
Amin, G. R. No. 93335, September 13, 1990).
 2. Executes directions or commands of  This is an instance where the law punishes
others in undertaking a coup d’ etat; preparatory acts.

 Any person not in the government service

who ARTICLE 137
1. Participates; DISLOYALTY OF PUBLIC OFFICERS/EMPLOYEES
2. Supports;
3. Finances; Punishable acts:
4. Abets; or 1. Failing to resist a rebellion by all means in their
5. Aids in undertaking a coup d’etat. power;
2. Continuing to discharge the duties of their office
Who shall be deemed the leader of the rebellion, under the control of the rebels;
insurrection or coup d’ etat in case he is 3. Accepting appointment to office under the rebels.
unknown?
 The offender must be a public officer or
Any person who in fact: employee.
1. directed the others,  The crime presupposes the existence of rebellion
2. spoke for them, by other persons; the offender must not be in
3. signed receipts and other documents issued in conspiracy with the rebels; otherwise, he himself
their name, or will also be guilty of rebellion.
4. performed similar acts, on behalf of the rebels.

 Being a mere assistant to a principal, guilty of ARTICLE 138

rebellion and punishable under the second INCITING TO REBELLION/INSURRECTION
paragraph of Art. 135 is a participant in the
commission of Rebellion. (People v. Lava, 28 Elements:
SCRA 72) 1. That the offender does not take up arms or is not
in open hostility against the Government;
Political Crimes – in contrast to common crimes, are 2. That he incites others to the execution of any of
those directly aimed against the political order, as well the acts of rebellion;
as such common crimes as may be committed to 3. That the inciting is done by means of speeches,
achieve a political purpose. The decisive factors is the proclamations, writings, emblems, banners or
intent or motive. other representations (SPWEBO) tending to the
same end.
 Killing, robbing, etc., for private purposes or
profit, without any political motivation, would be Inciting to rebellion distinguished from proposal
separately punished and would not be absorbed to commit rebellion
in the rebellion. (People vs. Geronimo, et al, 100
Phil 90) PROPOSAL TO INCITING TO
COMMIT REBELLION REBELLION
ARTICLE 136 In both crimes, the offender induces another to
CONSPIRACY & PROPOSAL TO COMMIT commit rebellion.
REBELLION, INSURRECTION OR COUP D’ ETAT The person who It is not required that the
proposes has decided to offender has decide to
Two crimes penalized under this article: commit rebellion. commit rebellion.
1. Conspiracy to commit rebellion; and The person who The act of inciting is done
2. Proposal to commit rebellion. proposes the execution publicly.
of the crime uses secret
Conspiracy to commit rebellion – when two or means.
more persons come to an agreement to rise publicly Note: In both, the crime of rebellion should not be
and take arms against the Government for any of the actually committed by the persons to whom it is
purposes of rebellion and decide to commit it. proposed or who are incited. If they commit rebellion
because of the proposal or inciting, the proponent or
Proposal to commit rebellion – when the person the one inciting may become a principal by
who has decided to rise publicly and take arms inducement in the crime of rebellion.
against the Government for any of the purposes of
rebellion proposes its execution to some other person
or persons ARTICLE 138
SEDITION
Elements:
1. That the offenders rise:
a. Publicly; and
b. Tumultuously.
2. That they employ force, intimidation, or other
means outside of legal methods;
3. That the offenders employ any of those means to
attain any of the following objects:
a. To prevent the promulgation or execution of
any law or the holding of any popular
election;
b. To prevent the government or any public
officer from freely exercising its or his
functions, or prevent the execution of any
Administrative Order;
c. To inflict any act of hate or revenge upon the
person or property of any public officer or
employee;
d. To commit, for any political or social end, any
act of hate or revenge against private
persons or any social class;
e. To despoil, for any political or social end, any
person or the government of all its property
or any part thereof.
Tumultuously – if caused by more than three
persons who are armed or provided with the means of
violence.
Distinguish Sedition from Rebellion
SEDITION REBELLION
In both, there must be public uprising.
It is sufficient that the There must be taking up
public uprising is of arms against the
tumultuous. Government
The purpose of the The purpose is always
offenders may be political political.
or social
Sedition Distinguish from Treason
SEDITION TREASON
In its more general In its more general
sense, it is the raising of sense, it is the violation
commotions or by a subject of his
disturbances in the State. allegiance to his
sovereign.
 Public uprising and an object of sedition must
concur.
 In sedition, it is immaterial if the objective be
completely attained.
 Mere public uprising for any of the objective
mentioned in Art. 139 is punishable.
Note: common Crimes are NOT absorbed in sedition.
ARTICLE 140
PENALTY FOR SEDITION
Persons liable:
1. The leader of the sedition;
2. Other persons participating in the sedition.
ARTICLE 141
CONSPIRACY TO COMMIT SEDITION
 Only Conspiracy to commit sedition is punishable
and not proposal to commit sedition.
 There must be an agreement both to attain an
object of sedition and to rise publicly and
tumultuously.
ARTICLE 142
INCITING TO SEDITION
Punishable Acts:
1. Inciting others to commit sedition by means of
speeches, proclamations, writings, emblems;
2. Uttering seditious words or speeches which tend
to disturb the public peace;
3. Writing, publishing, or circulating scurrilous libels
against the Government or any of its duly
constituted authorities.
4. Knowingly concealing such evil practices.
Scurrilous – means vulgar, mean, foul
Elements of act no. 1:
1. That the offender does not take direct part in the
crime of sedition;
2. That he incites others to the accomplishment of
any of the acts which constitute sedition;
3. That the inciting is done by means of speeches,
proclamations, writings, emblems, cartoons,
banners, or other representations tending to the
same end.
Acts. Nos. 2 & 3 punishable: when –
1. They tend to disturb or obstruct any lawful officer
in executing the functions of his office;
2. They tend to instigate others to cabal and meet
together for unlawful purposes;
3. They suggest or incite rebellious conspiracies or
riots;
4. They lead or tend to stir up the people against
the lawful authorities or disturb the peace of the
community, and the safety and order of the
Government.
Rules relative to seditious words:
 The clear and present danger rule
 It is required that there must be reasonable
ground to believe that the danger apprehended is
imminent and that the evil to be prevented is a
serious one. There must be the probability of
serious injury to the State.
 Dangerous tendency rule
There is inciting to sedition when the words
uttered or published could easily produce
disaffection among the people and a state of
feeling in them incompatible with a disposition to
remain loyal to the Government and obedient to
the laws. The dangerous tendency rule is
generally adopted in the Philippines.
Reasons why seditious utterances are prohibited:
If the State were compelled to wait until the
apprehended danger became certain, then its right to
protect itself would come into being simultaneously
with the overthrow of the Government, when there
would be neither prosecuting officers not courts for
the enforcement of the law.
CHAPTER TWO: CRIMES AGAINSE POPULAR
REPRESENTATION (ARTS. 143-145)
SECTION ONE: CRIMES AGAINST LEGISLATIVE
BODIES AND SIMILAR BODIES
ARTICLE 143
ACTS TENDING TO PREVENT THE MEETING OF
THE ASSEMBLY AND SIMILAR BODIES
Elements:
1. That there be a projected or actual meeting of the
National Assembly or any of its committees or
subcommittees, constitutional commissions or
committees or divisions thereof, or of any
provincial board or city or municipal council or
board;
2. That the offender, who may be any person,
prevents such meeting by force or fraud.
 Force referred to here is one that produces
an injury on the person of another, and fraud
involves falsification. Thus, physical injuries
and falsification will be complexed as a
necessary means to commit this crime.
Note: Under PD 1829, any person who disturbs the
proceedings in the fiscal’s offices, in Tanodbayan, or
in the courts while in the prosecution of criminal
cases, may be held liable for violation of the said
decree.
ARTICLE 144
DISTRUBANCE OF PROCEEDINGS
Elements:
1. That there be a meeting of Congress or any of its
committees or subcommittees, constitutional
commissions or committees or divisions thereof,
or any provincial board or city or municipal
council or board;
2. That the offender does any of the following acts:
a. He disturbs any of such meetings;
b. He behaves while in the presence of any
such bodies in such a manner as to interrupt
its proceedings or to impair the respect due
it.
 Complaint must be filed by a member of the
legislative body.
 Disturbance created by a participant in the
meeting is not covered by Art. 144.
 The same act may be made the basis for
contempt since it is coercive in nature while the
crime under this Article is punitive.
SECTION TWO: VIOLATION OF PARLIAMENTARY
IMMUNITY
ARTICLE 145
VIOLATION OF PARLIAMENTARY IMMUNITY
Punishable Acts:
1. Using force, intimidation, threats, or frauds to
prevent any member from (a) attending the
meetings of Congress or any of its committees or
subcommittees, constitutional commissions or,
committees or divisions thereof, or from (b)
expressing his opinions or (c) casting his vote.
Elements:
a. That the offender uses force, intimidation,
threats or fraud;
b. That the purpose of the offender is to
prevent any member of Congress from –
i. Attending the meetings of the Congress
or any of its committees or constitutional
commissions, etc.; or
ii. Expressing his opinions; or
iii. Casting his vote.
 The offender in Par. 1 may be any person.
2. Arresting or searching any member while
Congress is in session, except in cases where
such member has committed a crime punishable
under the Code by a penalty higher than prision
mayor.
Elements:
a. That the offender is a public officer or
employee;
b. That he arrests or searches any member of
Congress;
 c. That the Congress, at the time of arrest or
search, is in regular or special session;
d. That the member arrested or searched has
not committed a crime punishable under the
Code by a penalty higher than prision mayor.
Session – refers to the entire period from its initial
convening until its final adjournment.
 Parliamentary immunity does not protect
members of Congress from responsibility before
the legislative body itself.
 The 1987 Constitution exempts members of
congress from arrest while the Congress is in
session, for all offenses punishable by a penalty
less than prision mayor.
 It is not necessary that the member is actually
prevented from exercising any of his functions. It
is sufficient that Congress is in session.
Note: Under Sec. 11, Art. VI of the 1987 Constitution
“A senator or Member of the House of
Representatives shall in all offenses punishable by
not more than six years imprisonment, be
privileged from arrest while Congress is in session,”
While Art. 145 of the RPC states penalty higher than
prison mayor. To be consistent with the Constitution,
Art. 145 should be read to mean by the penalty of
prison mayor or higher.
CHAPTER THREE: ILLEGAL ASSEMBLIES AND
ASSOCIATIONS (ARTS. 146-147)
ARTICLE 146
ILLEGAL ASSEMBLIES
Forms of Illegal Assemblies:
1. Any meeting attended by armed persons for the
purpose of committing any of the crimes
punishable under the Code
Requisites:
a. That there is a meeting, gathering or group
of persons, whether in a fixed place or
moving;
b. That the meeting is attended by armed
persons;
c. That the purpose of the meeting is to commit
any of the crimes punishable under the
Code.
2. Any meeting in which the audience, whether
armed or not, is incited to the commission of the
crime of treason, rebellion or insurrection,
sedition, or assault upon a person in authority
Requisites:
a. That there is a meeting, a gathering or group
of persons, whether in a fixed place or
moving
b. That the audiences, whether armed or not, is
incited to the commission of the crime of
treason, rebellion or insurrection, sedition or
direct assault
Persons liable in illegal assemblies:
1. The organizers or leaders of the meeting;
2. Persons merely present at the meeting.
 In par. 1, it is not necessary that all persons
attending be armed.
 It is necessary that the audience is actually
incited. If in the meeting the audience is incited to
the commission of rebellion or sedition, the
crimes committed are ILLEGAL ASSEMBLY as
regards the organizers or leaders or persons
merely present and INCITING TO REBELLION
OR SEDITION insofar as the one inciting them is
concerned.
The law does NOT distinguish whether or not the
firearms are licensed or unlicensed. It only gives a
presumption if the firearm used is unlicensed.
Presumptions:
If any person carries an unlicensed firearm, it is
presumed that:
1. the purpose of the meeting insofar as he is
concerned is to commit acts punishable under
the RPC, and
2. he is considered a leader or organizer of the
meeting.
 Not all the persons present at the meeting of the
first form of illegal assembly must be armed.
 If none of the persons present in the meeting are
armed, there is no crime.
e.g. persons unarmed conspiring in a meeting to
commit qualified theft is not punishable.
 A person invited to give speech in an illegal
assembly or meeting and incites the
members of such assembly is guilty or
inciting to sedition only and not punishable
under illegal assembly.
ARTICLE 147
ILLEGAL ASSOCIATIONS
Prohibited associations:
Association totally or partially organized for:
1. The purpose of committing any of the crimes
punishable under the Code, or
2. Some purpose contrary to public morals. some court or authority, is
governmental charged with
Public Morals – refer to matters which affect the corporation, the
interest of society and public convenience and is not board or maintenance of
limited to good customs commission public order and
the protection
Persons liable: and security of
1. Founders, directors, and president of the life and
association property.
2. Members of the association
*Any person who comes to aid of a person in authority
Illegal association distinguished from illegal may be considered as an agent of a person in
assembly authority.

ILLEGAL ASSEMBLY ILLEGAL ASSOCIATION

ARTICLE 148
It is necessary that there It is not necessary that DIRECT ASSAULT
is an actual meeting or there is an actual
assembly of armed meeting. Two ways to commit:
persons for the purpose 1. Without public uprising, by employing force or
specified in Art. 146 intimidation for the attainment of any of the
It is the meeting and It is the act of forming or purposes enumerated in defining the crimes of
attendance at such organizing and sedition & rebellion
meeting that is punished. membership in the
association that is Elements:
punished. a. That the offender employs force or
The persons liable are: The persons liable are: intimidation;
1. the organizers or 1. the founders, b. That the aim of the offender is to attain any
leaders of the directors and of the purposes of the crime of rebellion or
meetings, and president, and any of the objects of the crime of sedition;
2. the persons present 2. the members. c. That there is no public uprising.
at the meeting.
 Offended party need not be a person in
Organized for temporary More or less of some authority or his agent, he may be a private
purposes duration individual if the object is to attain an object of
Held in connection with May include special laws sedition.
crimes punishable under
the RPC 2. Without public uprising, by attacking, by
employing force or seriously intimidating or by
seriously resisting any person in authority (PA) or
CHAPTER FOUR: ASSAULT UPON, AND any of his agents (APA), while engaged in the
RESISTANCE & DISOBEDIENCE TO PERSONS IN performance of official duties, or on the occasion
AUTORITY AND THEIR AGENTS (ARTS. 148-152) of such performance

Elements:
ARTICLE 152 a. That the offender:
PERSONS IN AUTHORITY & AGENTS OF i. Makes an attack (equivalent to
PERSONS IN AUTHORITY aggression),
ii. Employs force (application of material
PUBLIC PERSON IN AGENT OF A violence; if against a PA, force need not
OFFICER AUTHORITY PERSON IN be serious in nature; if against an APA,
(PO) (PA) AUTHORITY force must be serious in nature
(APA) otherwise crime committed may be that
Any person who Any person Any person under Article 149 or indirect assault)
takes part in the directly vested who, by direct iii. Makes a serious intimidation (unlawful
performance of with jurisdiction, provision of law coercion, duress, putting someone in
public functions whether as an or by election or fear, exertion of an influence in the mind
in the individual or as by appointment which must be both immediate and
government a member of by competent serious) or
 iv. Makes a serious resistance (if not
serious crime committed may be that
under Article 15 or resistance and
disobedience)
b. That the person assaulted is a person in
authority or his agent;
c. That at the time of the assault, the person in
authority or his agent:
i. Is engaged in the actual performance or
official duties, or
ii. That he is assaulted by reason of the
past performance of his official duties;
d. That the offender knows that the one he is
assaulting is a person in authority or his
agent in the exercise of his duties;
e. That there is no public uprising.
Considered NOT in the actual performance of
official duties:
1. When the PA or APA exceeds his powers or acts
without authority;
2. Unnecessary use of force or violence;
3. Descended to matters which are private in
nature.
Two kinds of direct assault of the second form:
1. Simple assault
2. Qualified assault
Direct assault is qualified when:
1. Committed with a weapon;
2. Offender is a public officer or employee;
3. Offender lays hands upon a person in authority.
 Knowledge of the accused that the victim is a PA
or APA is essential
 An “attack” is any offensive or antagonistic
movement or action of any kind.
 Teachers, professors, and persons in charge with
the supervision of public or duly recognized
private schools, colleges and universities shall be
deemed persons in authority, in applying Arts.
148 and 151.
 Evidence of motive of the offender is important
when the person in authority or his agent who is
attacked or seriously intimidated is not in the
actual performance of his official duty.
 When PA or APA descended to matters which are
private in nature, an attack by one against the
other is not direct assault.
 Even when PA or APA agrees to fight, an attack
made by accused constitutes Direct Assault,
except when the attack is made in lawful
defense; the character of a person in authority or
agent is not laid off at will but attaches to him until
he ceases to be in office.
 If serious or less serious physical injuries were
inflicted but the acts do not constitute assault, the
penalty is increased if the victim is a person in
authority (par. 3 Art. 265). If direct assault was
likewise committed simultaneously, both offenses
will constitute a complex crime.
 The crime of slight physical injuries is absorbed
in direct assault if committed against an APA. If
committed against a PA, it will be considered as a
separate offense.
 The crime of direct assault is not committed when
the PA or APA is suspended or under suspension
when he is attacked.
 If the accused was also acting in the performance
of his official duties, crime committed may be
coercion or physical injuries.
ARTICLE 149
INDIRECT ASSAULT
Elements:
1. That a PA or an APA is the victim of any of the
forms of direct assault defined in Art. 148;
2. That a person comes to the aid of the APA;
Note: If the person comes to the aid of a PA, he
becomes an APA and therefore a victim of direct
assault.
3. That the offender makes us of force or
intimidation upon such person coming to the aid
of the APA.
 Indirect assault can be committed only when a
direct assault is also committed.
 The offended party in indirect assault may be a
private person.
ARTICLE 150
DISOBEDIENCE TO SUMMONS ISSUED BY THE
NAT’L ASSEMBLY, ITS COMMITTEES OR
SUBCOMMITTEES, BY THE CONSTITUTIONAL
COMMISSION, ITS COMMITTEES,
SUBCOMMITTEE OR DIVISIONS
Punishable Acts:
1. Refusing, without legal excuse, to obey summons
of Congress or any commission or committee
chairman or member authorized to summon
witnesses;
2. Refusing to be sworn or placed under affirmation
while before such legislative or constitutional
body or official
3. Refusing to answer any legal inquiry or to
produce any books, papers, documents, or
records in his possession when required by them
to do so in the exercise of their functions;
4. Restraining another from attending as a witness
in such legislative or constitutional body.
5. Inducing disobedience to summons or refusal to
be sworn by any such body or official. CHAPTER FIVE: PUBLIC DISORDER
(ARTS. 153-156)
 The testimony of a person summoned must be
upon matters into which the legislature has
jurisdiction to inquire. ARTICLE 153
TUMULTS & OTHER DISTRUBANCES
OF PUBLIC ORDER
ARTICLE 151
RESISTANCE & DISOBEDIENCE TO A PERSON IN Punishable acts:
AUTHORITY OR THE GENTS OF SUCH PERSON 1. Causing any serious disturbance in a public
place, office or establishment;
Elements of resistance & serious disobedience:
1. That a PA of his APA is engaged in the Note: If disturbance is not serious in nature,
performance of official duty or gives a lawful alarms and scandals under Article 155 is
order to the offender; committed.
2. That the offender resists or seriously disobeys
such person in authority or his agent; 2. Interrupting or disturbing public performance,
3. That the act of the offender is not included in the functions or gatherings, or peaceful meetings, if
provisions of Arts. 148 – 150. act is not included in Arts. 131-132;
3. Making an outcry tending to incite rebellion or
Elements of simple disobedience: sedition in any meeting, association or public
1. That an APA is engaged in the performance of place;
official duty or gives a lawful order to the
offender; Note: If outcry was premeditated to incite, the
2. That the offender disobeys such APA; crime committed is inciting to rebellion or
3. That such disobedience is not of a serious sedition.
nature.
4. Displaying placards or emblems which provoke a
 The accused must have knowledge that the disturbance of public order in such place;
person giving the order is a peace officer. 5. Burying with pomp the body of a person who has
been legally executed.
Direct Assault Distinguished from
 Serious disturbance must be planned or
Resistance or Serious Disobedience intended.
DIRECT ASSAULT RESISTANCE
Outcry – to shout spontaneously subversive or
The PA or APA must be Only in actual
engaged in the performance of duties. provocative words tending to stir up the people to as
to obtain by means of force or violence any of the
performance of official
duties or that he is objects of rebellion or sedition. The outcry must be
assaulted by reason spontaneous otherwise it would be the same as
thereof. inciting to rebellion or sedition.
There is force employed. Use of force is not so
Burying with pomp the body of a person –
serious.
ostentatious display of a burial
Attack or employment of Attack or Employment of
force is deliberate Force is not deliberate.
Inciting to Sedition or Rebellion Distinguished
from Public Disorder
 The disobedience contemplated consists in the
INCITING TO SEDITION
failure or refusal to obey a direct order from the PUBLIC DISORDER
OR REBELLION
authority or his agent.
The outcry or displaying The outcry is more or
 In the crime of resistance and disobedience the
of emblems or placards less unconscious
offender must have knowledge that the person
should have been done outburst which although
arresting is a person in authority or an agent of a
with the idea rebellious, or seditious in
person authority.
aforethought of inducing nature, is not intentionally
his hearers or readers to calculated to induce
commit the crime of others to commit rebellion
rebellion or sedition. or sedition.
 The penalty next higher in degree shall be
imposed upon persons causing any disturbance
or interruption of a tumultuous character.
 It is tumultuous if caused by more than three
persons who are armed or provided with the
means of violence. However, this is only a
presumption juris tantum, hence if the
disturbance is in fact tumultuous it is immaterial
that there are no such armed persons.
Conversely if the gathering is not in fact
tumultuous, it does not matter if there are such
armed persons present on that occasion.
 If the person who disturbs or interrupts the
meeting or religious worship is a public officer, he
shall be liable under Art. 131 or 132.
 Tumults and other disturbances can be
complexed with direct assault if the tumults and
disturbances of public order is directed to a
person in authority or an agent of a person in
authority.
ARTICLE 154
UNLAWFUL USE OF MEANS OF PUBLICATION
AND UNLAWFUL UTTERANCES
Punishable acts:
1. Publishing or causing to be published as news
any false news which may endanger the public
order, or cause damage to the interest or credit of
the State;
 The offender must know that the news is
false, to be liable.
2. Encouraging disobedience to the law or to the
constituted authorities or by praising, justifying or
extolling any act punished by law, by the same
means or by words, utterances or speeches;
 The act of the offender of encouraging
disobedience to the law or the authorities
punishable under this paragraph is different
from inciting to sedition which requires that
the people rise publicly.
3. Maliciously publishing or causing to be published
any official resolution or document without
authority, or before they have been published
officially;
4. Printing, publishing or distributing (or causing the
same) books, pamphlets, periodicals, or leaflets
which do not bear the real printer’s name, or
which are classified as anonymous.
 Actual public disorder or actual damage to the
credit of the state is not necessary. The mere
possibility of causing such damage is sufficient.
 R.A No. 248 prohibits the reprinting, reproduction
or republication of government publications and
official documents without previous authority.
 If the printer/owner of the printing establishment
took par tin the preparation and publication of the
libelous writings he shall be liable under Art. 360.
 If the publication is both obscene and
anonymous, the offenses cannot be complexed
as they involve different acts separately punished
under this Article and Article 201 on obscene
publications.
ARTICLE 155
ALARMS & SCANDALS
Punishable acts:
1. Discharging any firearm, rocket, firecracker, or
other explosive within any town or public place,
calculated to cause alarm or danger.
Note: The discharge of the firearm should not be
directed at a person. Otherwise, the offense
committed would be Discharge of Firearms under
Article 254.
 It is the result, not the intent that counts Act
must produce alarm or danger as a
consequence.
 The discharge may take place within one’s
own home since the law does not distinguish
as to where in town.
 According to Viada, the discharge of
firecrackers and rockets during fiestas and
festivals are not covered by the law.
2. Instigating or taking an active part in any charivari
or other disorderly meeting offensive to another
or prejudicial to public tranquility.
3. Disturbing the public peace while wandering
about at night or while engaged in any other
nocturnal amusements.
4. Causing any disturbance or scandal in public
places while intoxicated or otherwise, provided
Art. 153 is not applicable
 If the disturbance is of a serious nature, the case
will fall under Art. 153.
Charivari – includes a medley of discordant voices, a
mock serenade of discordant noises made on kettles,
tin, horns, etc. designed to annoy or insult.
 The reason for punishing instigating or taking
active part in charivari and other disorderly
meeting is o prevent more serious disorders.

ARTICLE 156
DELIVERING PRISONERS FROM JAIL
Elements:
1. That there is a person confined in a jail or penal
establishment;
2. That the offender removes such person, or helps
the escape of such person.
Committed in two ways:
1. By removing a prisoner confined in jail or penal
institution – to take away a person from
confinement with or without the active
participation of the person released
2. By helping said person to escape - furnish
material means to facilitate escape
 The prisoner may be a detention prisoner or one
sentenced by virtue of a final judgment.
 This article applies even if the prisoner is in the
hospital or asylum when he is removed or when
the offender helps his escape, because it is
considered as an extension of the penal
institution.
 If the offender is a public officer who is actually
and presently in custody or charge of the
prisoner, (e.g. a guard on duty) he is liable for
infidelity in the custody of a prisoner.
 But if the crime committed by the prisoner for
which he is confined or serving sentence is
treason, murder, or parricide, the act of taking the
place of the prisoner in prison is that of an
accessory under Art. 19, par. 3.
 If the delivery of the prisoner was committed
through bribery:
a. The BRIBER commits corruption of a public
officer and delivering prisoners from jail.
b. The JAILER, if a public officer, commits
infidelity in the custody of prisoners and
bribery.
c. The PRISONER commits evasion of service
of sentence if he is already convicted by
final judgment.
CHAPTER SIX: EVASION OF SERVICE OF
SENTENCE (ARTS. 157-159)
ARTICLE 157
EVASION OF SERVICE OF SENTENCE
Elements:
1. That the offender is a convict by final judgment;
2. That he is serving his sentence, which consists in
deprivation of liberty;
3. That he evades the service of his sentence by
escaping during the term of his sentence.
Circumstances qualifying the offense:
1. By means of unlawful entry (this should be “by
scaling”);
2. By breaking doors, windows, gates, walls, roofs
or floors;
3. By using picklocks, false keys, disguise, deceit,
violence, or intimidation;
4. Through connivance with other convicts or
employees of the penal institution.
 The following cannot commit evasion of service
of sentence:
1. Accused who escapes during
appeal or a detention prisoner
2. Minor delinquents
3. Deportees
 Persons convicted under this Article are
disqualified from the benefits of the indeterminate
Sentence Law.
 Escape – flee from; to avoid; to get out of the
way, as to flee to avoid arrest (Black’s Law
Dictionary, 4th ed., p. 640)
ARTICLE 158
EVASION OF SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES
Elements:
1. That the offender is a convict by final judgment,
and is confined in a penal institution;
2. That there is disorder resulting from :
a. Conflagration
b. Earthquake
c. Explosion
d. Similar catastrophe
e. Mutiny in which he has not participated;
3. That the offender leave the penal institution
where he is confined, on the occasion of such
disorder or during the mutiny
4. That the offender fails to give himself up to the
authorities within 48 hrs. Following the issuance
of a proclamation by the Chief Executive
announcing the passing away of such calamity.
 What is punished is not the leaving of the penal
institution, but the failure of the convict to give
himself up to the authorities within 48 hours after
the proclamation announcing the passing away of
the calamity.
 If the offender fails to give himself up, he shall
suffer an increase of 1/5 of the time still
remaining to be served under the original
sentence, which shall not exceed 6 months. If the
 offender gives himself up, he is entitled to a
deduction of 1/5 of his original sentence.
 “Mutiny” in this article implies an organized
unlawful resistance to a superior officer; a
sedition; a revolt. (People vs. Padilla C.A., 46
O.G. 2151)
 If one partakes in the mutiny he will be liable for
the offenses which he committed during the
mutiny whether or not he returns.
ARTICLE 159
OTHER CASES OF EVASION OF SENTENCE
(CONDITIONAL PARDON)
Elements:
1. That the offender was a convict;
2. That he was granted a conditional pardon by the
Chief Executive;
3. That he violated any of the conditions of such
pardon.
 Violation of conditional pardon is a distinct crime.
(This is according to Reyes); According to
Regalado, however, there are actually two views.
One expressed in People vs. Jose which states
that it is not a distinct crime, since the penalty is
only the recommitment of the convict to serve the
portion of the sentence remitted by the pardon,
hence it is only a continuation of the original
case. The other view which is the more logical
one is expressed in People v. Martin which states
that since the code imposes a specific penalty of
prision correctional in its minimum period if the
unserved portion is less than six years, it is
therefore a distinct crime.
 A conditional pardon is a contract between the
Chief Executive who grants the pardon and the
convict who accepts it.
 Offender can be arrested and reincarcerated
without trial- in accordance with Sec. 64(1) of the
Revised Administrative Code.
 The condition imposed upon the prisoner that he
should not commit another crime, extends to
offenses punishable by special laws.
 Offender must be found guilty of the subsequent
offense before he can be prosecuted under Art.
159.
 The court cannot require the convict to serve the
unexpired portion of the original sentence if it
does not exceed six years, the remedy is left to
the President who has the authority to recommit
him to serve the unexpired portion of his original
sentence.
 The period when convict was at liberty is not
deducted in case he is recommitted.
VIOLATION OF EVASION OF SERVICE
CONDITIONAL OF SENTENCE
PARDON
Infringes the terms of the Defeats the purpose of
contract the law.
Does not affect public Disturbs public order
order
CHAPTER SEVEN: COMMISSION OF ANOTHER
CRIME DURING SERVICE OF PENALTY IMPOSED
FOR ANTOHER PREVIOUS OFFENSE
ARTICLE 160
COMMISSION OF ANOTHER CRIME DURING THE
SERVICE OF PENALTY IMPOSED FOR ANOTHER
PREVIOUS OFFENSE (QUASI-RECIDIVISM)
Elements of quasi-recidivism:
1. That the offender was already convicted by final
judgment;
2. That he committed a new felony before beginning
to serve such sentence or while serving the
same.
Who can be pardoned
A quasi-recidivist can be pardoned:
1. At the age of 70, if he shall have already served
out his original sentence (and not a habitual
criminal); or
2. When he shall have completed it after reaching
the said age unless by reason of his conduct or
other circumstances, he shall not be worthy of
such clemency.
 In reiteracion, the offender against whom it is
considered shall already have served out his
sentence for the prior offenses.
Quasi-recidivism is a SPECIAL AGGRAVATING
CIRCUMSTANCE which cannot be offset by ordinary
mitigating circumstances.
 First crime for which the offender is serving
sentence need not be a felony; but the second
crime must be a felony.
 Only considered as final judgment when the
accused does not appeal anymore.
 Quasi-recidivism does not seem to requires that
the offense for which the convict is serving the
new felony committed are embraced in the same
title of the code. While in recidivism, both the first
and the second offenses must be embraced in
the same title of the code.]

TITLE FOUR:
CRIMES AGAINST PUBLIC INTEREST
CHAPTER ONE: FORGERIES
SECTION 1: FORGING THE SEAL OF THE
GOVERNMENT OF THE PHILIPPOINE ISLANDS.
THE SIGNATURE OR STAMP OF THE CHIEF
EXECUTIVE.
ARTICLE 161
COUNTERFEITING SEAL OF GOVERNMENT,
SIGNATURE AND STAMP OF PRESIDENT
Acts Punished:
1. Forging the Great Seal of the Government of the
Philippines;
2. Forging the signature of the President;
3. Forging the stamp of the President.
 If the signature of the President is forged, it
is not falsification of public document, but
forging the signature of the Chief Executive.
ARTICLE 162
USE OF FORGED SIGNATURE, COUNTERFEIT
SEAL OR STAMP
Elements:
1. That the seal of the Republic was counterfeited,
or the signature or stamp of the Chief Executive
was forged by another person;
2. That the offender knew of the counterfeiting or
forgery;
3. That he used the counterfeit seal or forged
signature or stamp.
 The offender must not be the forger otherwise the
crime committed is forgery under Art. 161.
 In using the forged signature or stamp of the
President or forged seal, the participation of the
offender is in effect that of an accessory.
Although the general rule is that he should be
punished by a penalty two (2) degrees lower,
under Article 162 he is punished by a penalty
only one degree lower.
SECTION TWO: COUNTERFEITING COINS
ARTICLE 163
MAKING AND IMPORTING AND UTTERING FALSE
COINS
Elements:
1. That there be false or counterfeited coins;
2. That the offender either made, imported or
uttered such coins;
3. That in case of uttering such false or
counterfeited coins, he connived with the
counterfeiters or importers.
 A coin is false or counterfeited, if it is forge or if it
is not authorized by the Government as legal
tender, regardless of its intrinsic value.
Counterfeiting – means the imitation of a legal or
genuine coin
 There is counterfeiting when a spurious coin is
made. There must be an imitation of the peculiar
design of the particular coin.
Uttering – means to pass counterfeited coins
 Uttering includes delivery or the act of giving
them away.
 It is uttered when it is paid even though the
utterer may not obtain the gain he intended.
Kinds of coins the counterfeiting of which is
punished:
1. Silver coins of the Philippines or coin of the
Central Bank;
2. Coin of the minor coinage of the Philippines or
the Central Bank;
3. Coin of the currency of a foreign country.
 Former coins withdrawn from circulation
may be counterfeited.
 Pars. 1 and 2 of Article 163, mention “coin”
without any qualifying word
 As regards par. 3, the used of the word
“currency” is not correct because the
Spanish text uses the word “moneda” which
embraces not only those that are legal
tender but also those out of circulation.
ARTICLE 164
MUTILATION OF COINS-IMPORTATION AND
UTTERANCE OF MUTILATED COINS
Act punished:
1. Mutilating coins of the legal currency, with the
further requirement that there be intent to
damage or to defraud another;
2. Importing or uttering such mutilated coins, with
the further requirement that there must be
connivance with the mutilator or importer in case
of uttering.
Mutilation – means to take off part of the metal either
by filing it or substituting it for another metal of inferior
quality. It is to diminish by ingenious means the metal
in the coin.
 One who mutilates a coin does so to take
advantage of the metal abstracted; he
appropriates a part of the metal of the coin.
 Hence, the coin diminishes in intrinsic value. One
who utters the mutilated coin receives its legal
value which is much more than its intrinsic value.
(People vs. Tin Ching Ting, G.R No. L-4620, jan.
30, 1952)
 The coin must be of legal tender or current coins
of the Philippines and not of a foreign country.
ARTICLE 165
SELLING OF FALSE OR MUTILATED COIN,
WITHOUT CONNIVANCE
Acts punished:
1. Possession of coin, counterfeited or mutilated by
another with intent to utter the same knowing that
it is false or mutilated;
2. Actually uttering false or mutilated coin , knowing
it to be false or mutilated coin.
 It does NOT require that false coin is legal
tender.
 But if the coin being uttered or possessed
with intent to utter is a mutilated coin, it must
be a legal tender coin.
 The possession prohibited in Article 165 is
possession in general, that is, not only
actual, physical possession but also
constructive possession or the subjection of
the thing to one’s control, otherwise
offenders could easily evade the law by the
mere expedient of placing other persons in
actual, physical possession of the thing
although retaining constructive possession
or actual control thereof. (People vs.
Andrada, 11 C.A. Rep. 147)
SECTION THREE: FORGING THREASURY OR
BANK NOTES, OBLIGATIONS AND SECURITIES;
IMPORTING AND UTTERING FALSE OR FORGED
NOTES, OBLIGATIONS AND SECURITIES
ARTICLE 166
FORGING TREASURY OR BANK NOTES OR
OTHER DOCUMENTS AND UTTERING THE SAME
Acts penalized:
1. Forging or falsification of treasury or bank notes
or other documents payable to bearer;
Forging is committed by giving to a treasury or
bank note or any instrument payable to berear or
to order the appearance of a true and genuine
document; and falsification is committed by
erasing, substituting, counterfeiting, or altering by
any means, the figures, letters, words or signs
contained therein (Art. 169).
2. Importation of the same: it means to bring them
into the Philippines, which presupposes that the
obligations or notes are forged of falsified in a
foreign country.
3. Uttering the same in connivance with forgers or
importers: it means offering obligations or notes
knowing them to be false or forged, whether such
offer is accepted or not, with a representation, by
words or actions, that they are genuine and with
an intent to defraud.
What may be forged or falsified under Article 166:
1. Treasury or bank notes;
2. Certificates
3. Other obligations and securities, payable to
bearer.
 The Code punishes forging or falsification of bank
notes and of documents of credit payable to
bearer and issued by the State more severely
than counterfeiting of coins because the first
tends to bring such documents into discredit and
produces a lack of confidence on the part of the
holders of said documents to the prejudice of the
interests of the society and the State. Moreover, it
is easier to forge or falsify such certificates,
notes, etc., and the profit derived therefrom is
greater and the incentive for its commission is
more powerful (U.S. vs. Gardner, Phil. 403).
 The falsification of Philippine National Bank
(PNB) checks is not forgery under Art. 166 of
RPC but falsification of commercial documents
under Art. 172 in connection with Art. 171 of the
Code.
ARTICLE 167
COUNTERFEITING, IMPORTING AND UTTERING
INSTRUMENT NOT PAYABLE TO BEARER
1. That there be an instrument payable to order or
other document of credit not payable to bearer;
2. That the offender either gorged, imported or
uttered such instrument;
3. That in case of uttering he connived with the
importer or forger.
 Counterfeiting under Art. 167 must involve
an instrument payable to order or other
document of credit not payable to bearer.
ARTICLE 168
ILLEGAL POSSESSION AND USE OFFALSE
TREASURY OR BANK NOTES AND OTHER
INSTRUMENTS OF CREDIT
Elements:
1. That the treasury or bank note or certificate or instruments payable to act of making alteration),
other obligation and securities payable to bearer the bearer or to order. public or official,
or any instrument payable to order or other commercial, or private
document of credit not payable to bearer is documents, or wireless,
forged or falsified by another; or telegraph messages.
2. The offender knows that any of these instruments
is forged or falsified;
3. That he performs any of these acts: SECTION FOUR: FALSIFICATION OF
a. Using any of such forged or falsified LEGISLATIVE, PUBLIC, COMMERCIAL AND
instruments; or PRIVATE DOCUMENTS AND WIRELESS,
b. Possession with intent to use, any of the TELERAPH AND TELEPHONE MESSAGES
forged or falsified documents
ARTICLE 170
 Possession of false treasury or bank notes FALSIFICATION OF LEGISLATIVE DOCUMENT
alone is not a criminal offense. For it
constitutes an offense, possession must be Elements:
with intent to use said false treasury or bank 1. That there be a bill, resolution or ordinance
notes. (People vs. Digoro, G.R. No. L- enacted by or approved or pending approval by
22032, March 4, 1966) either House of the Legislative or any provincial
board or municipal council
 The accused must have knowledge of the 2. The offender alters the same
forged character of the note 3. That he has no proper authority therefore;
4. That alteration changed the meaning of the
 A person in possession of a falsified document.
document and who makes use of the same  The bill resolution or ordinance must be
is presumed to be the material author of genuine
falsification.  Offender may be private individual or a
public officer.
 In a case where the accused, instead of  The act of falsification is limited to altering it
carrying out his intention, threw away the which changes its meaning. Hence, other
forged note, it was held that he is not liable acts of falsification, even in legislative
for the law will not close the door of documents, are punished either in Art. 171 or
repentance on him, who, having set foot on under Art. 172.
the path of crime, retraces his steps before it  R.A. 248 prohibits the reprinting,
is too late. (People vs. Padilla, C. A., 36 reproduction or republication of government
O.G. 2404) publications and official documents without
previous authority.

ARTICLE 169
HOW FORGERY IS COMMITTED ARTICLE 171
FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE
How committed: OR NOTARY OR ECCLESIASTICAL MINISTER
1. By giving to treasury or bank note or any
instrument payable to bearer or to order the Elements:
appearance of a true and genuine document; 1. That the offender is a public officer, employee or
2. By erasing, substituting, or altering by any means notary public officer, employee or notary public or
the figures, letters, words or signatures contained ecclesiastical minister;
therein.  The ecclesiastical minister is liable under this
 PD 247 penalizes defacement, mutilator, article if he shall commit any of the acts of
tearing, burning or destroying of Central falsification with respect to any record or
Bank notes and coins. document of such character that its
 It includes falsification and counterfeiting. falsification may affect the civil status of
persons.
2. That he takes advantage of his official position
FORGERY FALSIFICATION
when;
As used in Art. 169 refers The commission of any of a. He has the duty to make or prepare or
to the falsification and the eight (8) acts otherwise to intervene in the preparation of
counterfeiting of treasury mentioned in Article 171 the document
or bank notes or any on legislative (only the
 b. He has the official custody of the document
which he falsifies
 If he did not take advantage of his
official position, he would be guilty of
falsification of public document by a
private individual under Art 172.
3. The offender falsifies a document.
Document – is any written statement by which a right
is established or an obligation extinguished or by
which a fact maybe proven or affirmed.
 The document must be complete or at least it
must have the appearance of a true and genuine
document.
 The document must be of apparent legal efficacy.
 In the 1st, 2nd, 6th, 7th (second part), 8th mode of
falsification, there must be a GENUINE
DOCUMENT.
 In the other paragraphs of Art. 171, falsification
may be committed by simulating or fabricating a
document
Different Modes of Falsifying A Document:
A. Counterfeiting or imitating any handwriting,
signature or rubric.
Requisites:
1. That there be an intent to imitate or an attempt to
imitate;
2. The two signatures or handwriting, the genuine
and the forged bear some resemblance to each
other.
 If there is no attempt whatsoever by the
accused to imitate the signatures of the other
person so that they are entirely unlike the
genuine signature, the accused may be
found guilty under the second mode of
falsifying a document
B. Causing it to appear that persons have
participated in an act or proceeding.
Requisites:
1. That the offender caused it to appear in a
document that a person or persons participated
in an act or proceeding;
2. That such persons did not in fact so participate in
the action proceeding.
 The imitation of the signature of the offended
party is not necessary in this mode of
falsification.
C. Attributing to persons who have participated
in an act or proceeding statements other than
those in fact made by them.
Requisites:
1. That persons participated in an act or
proceeding;
2. That such person or persons made statements in
that act or proceeding;
3. That the offender in making a document,
attributed to such person, statements other than
those in fact made by such person.
D. Making untruthful statements in a narration of
facts.
Requisites:
1. That the offender makes in a document;
2. That he has the legal obligation to disclose the
truth of the facts narrated by him;
3. That the facts narrated by the offender are
absolutely false;
4. That the perversion of truth in the narration of
injuring a third person
 There must be narration of facts, not a
conclusion of law.
 Legal obligation means that there is a law
requiring the disclosure of the facts narrated.
 The facts must be absolutely false, the crime
of falsification is not violated if there is some
colorable truth in the statements of the
accused.
 If the narration of facts is contained in an
affidavit or a statement required by law to be
sworn to, the crime committed is perjury.
E. Altering true dates
 Date must be essential.
 The alteration of the date or dates in a
document must affect either the veracity of
the document or the effects thereof.
 Alteration of dates in official receipts to
prevent discovery of malversation is
falsification
F. Making alteration or intercalation in genuine
document which changes its meaning.
Requisites:
1. That there be an alteration or intercalation
(insertion) on a document;
2. That it was made on a genuine document;
 If the document is not genuine, the crime of
estafa is committed.
3. That the alteration and intercalation has changed
the meaning of the document;
4. That the change made the document speak
something false.
 Alteration which speaks the truth is not
falsification. The idea of deception is
inherent in the word alteration – of making
the instrument speak something which the
parties did not intend it to speak.
G. Issuing in an authenticated form a document
purporting to be a copy of an original
document when no such original exist or
including in such a copy a statement contrary
to or different from that of the genuine
original.
 CANNOT be committed by a private
individual or by a notary or public officer who
DOES NOT take advantage of his official
position.
 Intent to gain or prejudice is not necessary,
because it is the interest of the community
which is intended to be guaranteed by the
strict faithfulness of the officials charged with
the preparation and preservation of the acts
in which they intervene.
H. Intercalating any instrument or note relative
to the issuance in a protocol, registry or
official book.
ARTICLE 172
FALSIFICATION BY PRIVATE INDIVIDUALS AND
USE OF FALSIFIED DOCUMENTS
Acts punished:
1. Falsification of public, official or commercial
document by a private individual
Elements:
a. The offender is a private individual or a
public officer or employee who did not take
advantage of his official position;
b. That he committed any of the acts of
falsification enumerated in Art. 171 (Pars. 1 –
6);
c. That the falsification was committed in a
public or official or commercial document.
Public document – a document created, executed or
issued by a public official in response to the
exigencies of the public service, or in the execution of
which a public official intervened
Official document – a document which is issued by a
public official in the exercise of the functions if his
office.
Commercial document – any document defined and
regulated by the Code of Commerce or any other
commercial laws.
2. Falsification of private document by any person;
Elements:
a. That the offender committed any of the acts
of falsification except those in par. 7,
enumerated in Art. 171;
b. That the falsification was committed in a
private document
c. That the falsification caused damage to a
third party or at least the falsification was
committed with the intent to abuse damage.
 Private document or instrument executed by
a private person without the intervention of a
notary public or other person legally
authorized, by which document some
disposition or agreement is proved
evidenced or set forth.
 Mere falsification of private document is not
enough. Two things are required:
i. The must have falsified the same;
ii. He must have performed an
independent act which operates to the
prejudice of third persons.
 Damage need not be material, damage to one’s
honor is included.
 There is no crime of estafa through falsification of
a private document because the immediate effect
of falsification of private document is the same as
that of estafa.
 Generally, falsification is consummated when the
genuine document is altered or the moment the
false document is executed. It is immaterial that
the offender did not achieve his objective.
3. Use of falsified documents.
Elements:
a. Introducing in a judicial proceeding
i. That the offender knew that the
document was falsified by another
person;
ii. That the false document was embraced
in Art. 171 or in any subdivision No. 1 or
2 of Art. 172;
iii. That he introduced said document in
evidence in any judicial proceeding.
 No damage is required.
b. Use in any other transaction
i. That the offender knew that the
document was falsified by another
person;
ii. That the false document was embraced
in Art. 171 or in any of subdivision No. 1
or 2 of Art. 172;
iii. That he used such document (not in
judicial proceeding);
 iv. That the use of the false document service of sending or receiving wireless,
caused damage to another or at least it cable or telephone message
was used with intent to cause damage. b. That he commits any of the above acts.
3. Using such falsified messages..
Notes:  With respect to No. 3, the offender may not
 If a person knowingly offers in evidence a FALSE be connected to the government or to such
WITNESS OR TESTIMONY, Article 184 should corporation.
apply. Elements:
 If a person makes, presents or uses any record, a. That the accused knew that wireless, cable,
document, paper or object with knowledge of its telegraph or telephone message was
falsity and with intent to affect the course or falsified by any person specified in first
outcome of the investigation of, or official paragraph of art. 173
proceedings INCRIMINAL CASES, such person b. That the accused used such falsified
is liable under PD 1829 dispatch
c. That the use of the falsified dispatch resulted
Falsification as a Means To Commit Estafa in the prejudice of a third party, or that the
FALSIFICATION OF use thereof was with the intent to cause such
PUBLIC/OFFICIAL OR FALSIFICATION OF prejudice.
COMMERCIAL PRIVATE DOCUMENT  Act No. 1851, Sec. 4, punishes private
DOCUMENT individuals who forge or alter telegram.
When committed as a Even when committed as
necessary mean to a necessary means to
commit estafa, complex commit estafa, the crime SECTION FIVE: FALSIFICATION OF MEDICAL
crime is committed. is either estafa of CERTIFICATES, CERTIFICATES OF MERIT OR
falsification only, because SERVICE AND THE LIKE
in this type of falsification,
an act independent of ARTICLE 174
falsification is required to FALSE MEDICAL CERTIFICATES, FALSE
show intent to defraud CERTIFICATE OF MERIT OR SERVICE

Person liable:
Falsification by Private Individual vs. Falsification 1. physician or surgeon who, in connection with the
of Public Officer. practice of profession issued a false certificate;
2. public officer who issued a false certificate of
------ -------- merit or service, good conduct or similar
The prejudice to a third Prejudice to third person circumstances;
party is taken into is immaterial; what is 3. private individual who falsified a certificate falling
account so that if punished is the violation in the classes mentioned in Nos. 1 and 2.
damage is not apparent, of public faith and the
or at least if with no intent perversion of truth Certificate – is any writing by which testimony is
to cause it, the given that a fact has or has not taken place.
falsification is not  The falsification of the certificate of large cattle is
punishable NOT now covered by Article 174. The certificate
of large cattle is a public document and its
falsification is covered by Article 171 or Article
ARTICLE 173 172, depending on whether the offender is a
FALSIFICATION OF WIRELESS, CABLE, public officer or a private individual.
TELEGRAPH AND TELEPHONE MESSAGES AND  The phrase “or similar circumstances” in Article
USE OF SAID FALSIFIED MESSAGES 174 does not seem to cover property, because
the circumstance contemplated must be similar to
Acts Punished: “merit,” “service,” or “good conduct.”
1. Uttering fictitious wireless, telegraph, or
telephone messages;
2. Falsifying wireless, telegraph or telephone ARTICLE 175
messages. USING FALSE CERTIFICATES
Elements:
a. That the offender is an officer or employee of Elements:
the government or an officer or an employee 1. That a false certificate mentioned in the
of a private corporation, engaged in the preceding article was issued;
2. That the offender knew that the certificate was
false;
3. That he used the same.
 When the use of the false certificates in the
preceding article is used in a judicial proceeding,
Art. 175 will apply. The use of false document in
judicial proceeding under Art. 172 is limited to
those false documents mentioned in Arts. 171
and 172.
SECTION SIX: MANUFACTURING, IMPORTING
AND POSSESSION OF INSTRUMENTS OR
IMPLEMENTS INTENDED FOR THE OCMMISSION
OF FALSIFICATION
ARTICLE 176
MANUFACTURING AND POSSESSION OF
INSTRUMENTS ANDIMPLEMENTS FOR
FALSIFICATION
Acts punished:
1. Making or introducing into the Philippines any
stamps, dies, marks, or other instruments or
implements for counterfeiting;
2. Possession with intent to use the instruments or
implements for counterfeiting or falsification
made in or introduced into the Philippines by
another person.
 It is not necessary that the implements
confiscated form a complete set for
counterfeiting, it being enough that they may be
employed by themselves or together with other
implements to commit the crime of counterfeiting
or falsification.
 Arts. 165 and 176 punish not only actual,
physical possession, but also constructive
possession or the subjection of the thing to one’s
control.
-------------------
SECTION ONE: USURPATION OF AUTHORITY,
RANK, TITLE AND IMPROPER USE OF NAMES,
UNIFORMS AND INSIGNIA
ARTICLE 177
USURPATION OF AUTHORITY OR OFFICIAL
FUNCTIONS
Two offenses contemplated in Art. 177
1. Usurpation of authority
2. Usurpation of official functions
How committed:
1. By knowingly misrepresenting oneself to be an
officer, agent or representative of the
government, whether local, national or foreign;
2. By performing any act pertaining to a person in
authority or public officer of the government
under the pretense of official position and without
authority.
 It may be violated by a public officer.
 It does not apply to occupant under color of title
 Republic Act No. 75 provides penalty for usurping
authority of diplomatic, consular or other official of
a foreign government in addition to the penalty
imposed by the Revised Penal Code
 There must be a positive, express, and explicit
representation on the part of the offender.
The acts performed must pertain to:
1. The Government
2. To any person in authority
3. To any public officer
ARTICLE 178
USING FICTITIOUS NAME AND CONCEALING
TRUE NAME
Elements: (Using fictitious name)
1. That the offender use a name other than his real
name;
2. That he uses that fictitious name publicly;
3. That the purpose of the offender is –
a. To conceal a crime;
b. To evade the execution of a judgment; or
c. To cause damage to public interest.
 Damage must be to public interest. If damage is
to private interest, the crime will be estafa under
Art. 315, 2(a)
Elements: (Concealing true name)
1. That the offender conceals:
a. His true name,
b. All other personal circumstances;
2. That the purpose is only to conceal his identity.
Fictitious name – any other name which a person
publicly applies to himself without authority or law.
USING FICTITIOUS CONCEALING TRUE
NAME NAME
Element of publicity must Element of publicity is not
be present necessary.
The purpose is either to The purpose is merely to
conceal a crime, to conceal identity.
conceal a crime, to evade
the execution of a
judgment, or to cause
damage.
 and no person shall use any name or names
other than his original or real name unless the
USURPAT same is or are duly recorded in the proper local
USING USING
ION OF ESTAFA civil registry.
FICTITIOUS FICTITIOUS
CIVIL (Par. 2a,  No person having been baptized with a name
NAME (ART. NAME UNDER
STATUS ART 315)
178) P.D. 1829 different from that with which he was registered at
(ART. 348)
birth in a local civil registry, or in case of an alien,
registered in the bureau of immigration upon
Purpose of Purpose is Purpose is Purpose of
the offender to enjoy to defraud publicly using a entry, or any person who obtained judicial
is to (a) the rights third fictitious name is authority to use an alias, or who uses a
conceal a arising persons to conceal a pseudonym, shall represent himself in any public
crime; (b) from the crime, evade or private transaction or shall sign or execute any
evade the civil status prosecution or public or private document without stating or
execution of of the the execution of affixing his real or original name and all names or
a judgment; person a judgment or aliases or pseudonym he is or may have been
or (c) to impersona concealing his
authorized to use.
cause ted true name and
damage to other personal
public circumstances
interest for the same ARTICLE 179
purpose or ILLEGAL USE OF UNIFORM OR INSIGNIA
purposes.
Elements:
 The crimes under this Article may be complexed 1. That the offender makes use of insignia, uniform
with the crime of delivering prisoners from jail, but or dress;
may not be complexed with evasion of service of 2. That the insignia, uniform or dress pertains to an
sentence. office not held by the offender or to a class of
person of which he is not a member; and
COMMONWEALTH ACT NO. 142, 3. That said insignia, uniform or dress is used
as amended by REPUBLIC ACT NO. 6085 publicly and improperly.
An Act Regulating the Use of Aliases
 Wearing the uniform of an imaginary office is
General rule: No person shall use any name different NOT punishable. The office must originally exist.
from the one with which he was registered at birth in  An EXACT IMITATION of a uniform or dress is
the office of the local civil registry, or with which he UNNECESSARY.
was registered in the Bureau of Immigration upon  Republic Act No. 493 punishes the wearing of
entry, or such substitute name as may have been insignia, badge or emblem of rank of the
authorized by a competent court. members of the Armed Forces of the Philippines
or Constabulary.
Exception: As pseudonym solely for literary, cinema,  Republic Act No. 75 punishes the use of uniform,
television, radio or other entertainment purposes and decoration or regalia of a foreign State.
in athletic events where the use of pseudonym is a  Executive Order No. 297 punishes the illegal
normally accepted practice. manufacture, sale, distribution and use of PNP
 Any person desiring to use an alias shall apply uniforms, insignias and other accoutrements.
for authority therefore in proceedings like those
legally provided to obtain judicial authority for a SECTION TWO: FALSE TESTIMONY
change of name.
 No person shall be allowed to secure such False testimony – is committed by any person who,
judicial authority for more than one alias being under oath, and required to testify as to the
 The petition for an alias shall set forth; truth of a certain matter at a hearing before a
1. the person’s baptismal and family name and competent authority, shall deny the truth or say
the name recorded in the civil registry, if something contrary to it.
different, his immigrants name if an alien and
his pseudonym. If he has such names other Three forms of false testimony.
than his original or real name. 1. False Testimony in Criminal Cases (Art. 180-181)
2. the reason or reasons for the use of the 2. False Testimony in Civil Cases (Art. 182)
desired alias. 3. False Testimony in other cases (Art. 183)
 The judicial authority for the use of alias, the
Christian name and the alien’s immigrant name Nature of false testimony
shall be recorded in the proper local civil registry
Falsehood is highly offensive when committed in
judicial proceedings because it constitutes an
imposition upon the court and exposes it to a
miscarriage of justice.
ARTICLA 180
FALSE TESTIMONY AGAINST A DEFENDANT
Elements:
1. That there be a criminal proceeding;
2. That the offender testifies falsely under oath
against the defendant therein;
3. That the offender who gives false testimony
knows that it is false;
 Good faith is a defense
4. That the defendant against whom the false
testimony is given is either acquitted or convicted
in a final judgment.
 Penalty depends upon the sentence of the
defendant against whom false testimony was
given.
 Defendant must be sentenced to at least a
correctional penalty or a fine, or must be
acquitted.
 The offender is liable even if his testimony was
not considered by court. The law intends to
punish the mere giving of false testimony.
 The testimony must be complete.
 Art. 180 applies to Special Penal Laws because
Special Penal Laws follow the nomenclature of
the Revised Penal Code.
ARTICLE 181
FALSE TESTIMONY FAVORABLE TO THE
DEFENDANT
 The false testimony in favor of the defendant
need not directly influence the decision of the
acquittal and it need not benefit the defendant.
 Conviction or acquittal of defendant in principal
case is not necessary.
 False testimony – is punished not because of the
effect it actually produces but because of its
tendency to favor or to prejudice the defendant.
 A defendant who falsely testifies in his own behalf
in a criminal case can only be guilty of Art. 181
when he voluntarily goes upon the witness stand
and falsely imputes to some other person the
commission of a grave offense. If he merely
denies the commission of the crime or his
participation therein, he should not be prosecuted
to false testimony. (U.S vs. Soliman, 36 Phil. 5)
 Testimony must be complete.
 Rectification made spontaneously after realizing
the mistake is not false testimony.
ARTICLE 182
FALSE TESTIMONY IN CIVIL CASES
Elements:
1. That the testimony must be given in a civil case;
2. That the testimony must related to the issues
presented in said case;
3. That the testimony must be false;
4. That the false testimony must be given by the
defendant knowing it to be false;
5. That the testimony must be malicious and given
with an intent to affect the issues presented in
said case.
 Art. 182 is NOT applicable when the false
testimony is given in special proceedings.
Civil case – an ordinary suit in a court of justice,
by which one party prosecutes another for the
enforcement or protection of a right, or the
prevention or redress or a wrong and that every
other remedy is a special proceeding (People vs.
Hernandez 67 O.G. 8330)
 The criminal action for false testimony must be
suspended when there is a pending
determination of the falsity of the subject
testimonies of private respondents in the civil
case (Ark Travel Express vs. Judge Abrogar 410
SCRA 148 (2003) ).
ARTICLE 183
PERJURY
Two ways of committing perjury:
1. By falsely testifying under oath;
2. By making a false affidavit.
 Falsely testifying under oath must NOT be in a
judicial proceeding.
 Testimony must be complete.
Elements:
1. That the accused made a statement under oath
or executed an affidavit upon a material matter;
2. That the statement or affidavit was made before
a competent officer authorized to receive and
administer oath;
3. That in that statement or affidavit, the accused
made a willful and deliberate assertion of a
falsehood;
4. That the sworn statement or affidavit containing
the falsity is required by law.
Note: However, in People v. Angangco (G.R. No. L-
47693, Oct. 12, 1943), the SC held that the statement
need not be required but that it was sufficient if it was
AUTHORIZED by law to be made.
Material matter – is the main fact which is the subject
of the inquiry or any circumstance which tends to
prove that fact or circumstance which tends to
corroborate or strengthen the testimony relative to the
subject of inquiry or which legitimately affects the
credit of any witness who testifies.
Material – when it is directed to prove a fact in issue.
Relevant – when it tends in any reasonable degree to
establish the probability or improbability of a fact in
issue.
Pertinent – when it concerns collateral matters which
make more or less probable the proposition at issue.
Oath – any form of attestation by which a person
signifies that he is bound in conscience to perform an
act faithfully and truthfully. It involves the idea of
calling on God to witness what is averred as truth,
and it is supposed to be accompanied with an
invocation of His vengeance, or a renunciation of His
favor, in the event of falsehood.
Affidavit – a sworn statement in writing; a declaration
in writing, made upon oath before an authorized
magistrate or officer.
 Art. 183 governs in false testimony given in cases
other than those punished in Art. 180-182, and in
actions for perjury.
 Good faith or lack of malice is a defense in
perjury.
 There is no perjury if sworn statement is not
material to the principal matter under
investigation.
 There is no perjury through negligence or
imprudence.
 Two contradictory sworn statements are not
sufficient to convict of perjury. The prosecution
must prove which of the two statements is false,
and must show that the statement to be false by
other evidence that the contradictory statement.
Competent person – a person who has a right to
inquire into the questions presented to him upon
matters under his jurisdiction.
Subornation of perjury – is committed by a person
who knowingly and willfully procures another to swear
falsely and he witness suborned does testify under
the circumstances rendering him guilty of perjury.
 Subornation of perjury is NOT expressly
penalized in the RPC, but the direct induction of a
person by another to commit a perjury may be
punished under Art. 183 in relation to Art. 17.
ARTICLE 184
OFFERING FALSE TESTIMONY IN EVIDENCE
Elements:
1. That the offender offered in evidence a false
witness or testimony;
2. That he know the witness or testimony was false;
3. That the offer was made in a judicial or official
proceeding.
 Art. 184 does not apply when the offender
induced a witness to testify falsely. Art. 184
applies when the offender knowingly presented a
false witness, and the latter testified falsely.
 Testimony must be complete
 Penalty is that for false testimony if committed in
a judicial proceeding and penalty is that for
perjury if committed in other official proceeding
----------------
ARTICLE 185
MACHINATIONS IN PUBLIC AUCTIONS
Acts punishable:
1. Soliciting any gift or promise as a consideration
for refraining from taking part in the public
auction;
Elements:
a. That there be a public auction;
b. That the accused solicited any gift or a
promote from any of the bidders;
c. That such gift or promise was the
consideration for his refraining from taking
part in that public auction.
d. That the accused had the intent to cause the
reduction of the price of the thing auctioned.
 Consummated by mere solicitation.
2. Attempting to cause bidders to stay away from an
auction by threats, gifts, promises or any artifice.
Elements:
a. That there be a public auction;
b. That the accused attempted to cause the
buyers to stay away from that public auction;
c. That it was done by threats, gifts, promises
or any other artifice.
d. That the accused had the intent to cause the
reduction of the price of the thing auctioned.
 Consummated by the mere attempt.
 Execution sales should be opened to free
and full competition in order to secure the
maximum benefit for the debtors.
ARTICLE 186
 MONOPOLIES AND COMBINATIONS IN
RESTRAINT OF TRADE
Acts punishable:
1. Combination or conspiracy to prevent free
competition in market.
By entering into any contract or agreement or
taking part in any conspiracy or combination in
the form of trust or otherwise, in restraint of trade
or commerce or to prevent by artificial means
free competition in the market.
2. Monopoly to restrain free competition in market.
By monopolizing any merchandise or object of
trade or commerce, or by combining with any
other person or persons to monopolize said
merchandise or object in order to alter the prices
thereof by spreading false rumors or making use
of any other artifice to restrain free competition in
the market.
3. Making transactions prejudicial to lawful
commerce or to increase the market price of
merchandise.
The person liable is the (1) manufacturer, (2)
producer (3) processor, (4) importer of any
merchandise of object of commerce. The crime is
committed by (1) combining, (2) conspiring, or (3)
agreeing with any person.
The purpose is (1) to make transactions
prejudicial to lawful commerce, or (2) to increase
the market price of any merchandise or object or
commerce manufactured, produced or accessed,
assembled or imported into the Philippines.
 Mere conspiracy or combination is punished.
 If the offense affects any food substance or other
particles of prime necessity, it is sufficient that
initial steps are taken.
 When offense is committed by a corporation or
association, the president and directors or
managers are liable when they (1) knowingly
permitted or (2) failed to prevent the commission
of such offenses.
ARTICLE 187
IMPORTATION AND DISPOSITION OF FALSELY
MARKED ARTICLES OR MERCHANDISE MADE
OF GOLD, SILVER OR OTHER PRECIOUS
METALS OR THEIR ALLOYS
Elements:
1. That the offender imports, sells or disposes any
of those articles;
2. That the stamps, brands or marks of those
articles or merchandise fail to indicate the actual
fineness or quality of said metal or alloy;
3. That the offender knows that the stamps, brands,
or marks fail to indicate the actual fineness or
quality of said metal or alloy.
Articles or merchandise involved:
1. gold,
2. silver,
3. other precious metals,
4. their alloys.
 Selling the misbranded articles is NOT
necessary.
 Art. 187 does not apply to the manufacturer of
misbranded articles. The manufacturer is liable
for Estafa under Art. 315 subdivision 2(b) of the
Revised Penal Code.
Note: Arts. 188 and 189 have been REPEALED by
the intellectual Property Code.
REPUBLIC ACT NO. 8293
Intellectual Property Code
Intellectual Property Rights consists of:
1. Copyright and Related Rigths;
2. Trademarks and Service Marks;
3. Geographic Indications;
4. Industrial Designs;
5. Patents;
6. Layout-Designs (Topographies) of Integrated
Circuits; and
7. Protection of Undisclosed Information
Technology transfer arrangements – contracts or
agreements involving the transfer of systematic
knowledge for the manufacture of a product, the
application of a process, or rendering of a service
including management contracts; and the transfer,
assignment or licensing of all forms of intellectual
property rights, including licensing of computer
software except computer software developed for
mass market.
Criminal action for repetition of infringement
 If infringement is repeated by the infringer or by
anyone in connivance with him after finality of the
judgment of the court against the infringer, the
offenders shall, without prejudice to the institution
of a civil action for damages, be criminally liable
therefore.
 “The making, using, offering for sale, selling, or
importing a patented product or a product
obtained directly or indirectly from a patented
process, or the use of a patented process without
the authorization of the patentee constitutes
patent infringement.”

Remedies for infringement
Any person infringing a right protected under this law
shall be liable:
1. To an injunction restraining such infringement.
The court may also order the defendant to desist
from an infringement, among others, to prevent
the entry into the channels of commerce of
imported goods that involve an infringement,
immediately after customs clearance of such
goods.
2. Pay to the copyright proprietor or his assigns or
heirs such actual damages, including legal costs
and other expenses, as he may have incurred
due to the infringement as well as the profits the
infringer may have made due to such
infringement and in proving profits the plaintiff
shall be required to prove sales only and the
defendant shall be required to prove every
element of cost which he claims, or in lieu of
actual damages and profits such damages which
to the court shall appear to be just and shall not
be regarded as penalty.
3. Deliver under oath for impounding during the
pendency of the action upon such terms and
conditions as the court may prescribe, sales
invoices and other documents evidencing sales,
all articles and their packaging alleged to infringe
a copyright and implements for making them.
4. Deliver under oath for destruction without any
compensation all infringing copies or devices, as
well as all plates, molds or other means for
making such infringing copies as the court may
order.
5. Such other terms and conditions, including the
payment of moral and exemplary damages,
which the court may deem proper, wise and
equitable and the destruction of infringing copies
of the work even in the event of acquittal in a
criminal case.
 In an infringement action, the court shall also
have the power to order the seizure and
impounding of any article which may serve
as evidence in the court proceedings. (Sec.
28, P.D. No. 49a)
 In determining the number of years of
imprisonment and the amount of fine, the
court shall consider the value of the
infringing materials that the defendant has
produced or manufactured and the damage
that the copyright owner has suffered by
reason of the infringement.
 Any person who at the time when copyright
subsists in a work has in his possession an
article which he knows, or ought to know, to
be an infringing copy of the work for the
purpose of:
(a) Selling, letting for hire, or by way of
trade offering or exposing for sale, or
hire, the article;
(b) Distributing the article for purpose of
trade, or for any other purpose to an
extent that will prejudice the rights of the
copyright owner in the work; or
(c) Trade exhibit of the article in public,
shall be guilty of an offense and shall be
liable on conviction to imprisonment and
fine as above mentioned. (Sec. 29, P.D.
No. 49a)
Unfair competition:
1. Any person, who is selling his goods and gives
them the general appearance of goods of another
manufacturer or dealer, either as to the goods
themselves or in the wrapping of the packages in
which they are contained, or the devices or words
thereon, or in any other feature of their
appearance, which would be likely to influence
purchasers to believe that the goods offered are
those of a manufacturer or dealer, other than the
actual manufacturer or dealer, or who otherwise
clothes the goods with such appearance as shall
deceive the public and defraud another of his
legitimate trade, or any subsequent vendor of
such goods or any agent of any vendor engaged
in selling such goods with a like purpose;
2. Any person who by any artifice, or device, or who
employs any other means calculated to induce
the false belief that such person is offering the
services of another who has identified such
services in the mind of the public; or
3. Any person who shall make any false statement
in the course of trade or who shall commit any
other act contrary to good faith of a nature
calculated to discredit the goods, business or
services of another.
False Designations of Origin; False Description or
Representation
Any person who, on or in connection with any goods
or services, or any container for goods, uses in
commerce any word, term, name, symbol, or device,
or any combination thereof, or any false designation
of origin, false or misleading description of fact, or
false or misleading representation of fact, which:
1. Is likely to cause confusion, or to cause mistake,
or to deceive as to the affiliation, connection, or
association of such person with another person,
or as to the origin, sponsorship, or approval of his
or her goods, services, or commercial activities
by another person; or
2. In commercial advertising or promotion,
misrepresents the nature, characteristics,
qualities, or geographic origin of his or her or
another person’s goods, services, or commercial
activities.

 Liable to a civil action for damages and
injunction by any person who believes that
he or she is or is likely to be damaged by
such act.
 Independent of the civil and administrative
sanctions imposed by law the offender may
also be criminally liable.
REPUBLIC ACT NO. 455
Law on Smuggling
Acts punishable:
1. That the merchandise must have been
fraudulently or knowingly imported contrary to
law;
2. That the defendant if he is not the importer
himself, must have received, concealed, bought,
sold or in any manner facilitated the
transportation concealment or sale of the
merchandise and that he must be shown to have
knowledge that the merchandise had been
illegally imported.
TITLE FIVE:
CRIMES RELATED TO OPIUM AND OTHER
PROHIBITED DRUGS
REPUBLIC ACT NO. 9165
Comprehensive Dangerous Drugs Act of 2002
(Repealing RA No. 6425, otherwise known as the
Dangerous Drugs Act of 1972)
Declaration of Policy (Sec. 2)
1. It is the policy of the State to safeguard the
integrity of its territory and the well-being of its
citizenry particularly the youth, from the harmful
effects of dangerous drugs on their physical and
mental well-being and to defend the same
against acts or omissions detrimental to their
development and preservation.
2. To provide effective mechanisms or measures to
re-integrate into society individuals who have
fallen victims to drug abuse or dangerous drug
dependence through sustainable programs of
treatment and rehabilitation.
Controlled precursors and essential chemicals –
include those listed in Tables I and II of the 1988 UN
Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances
Dangerous Drugs – include those listed in the
Schedules annexed to the 1961 Single Convention on
Narcotic Drugs, as amended by the 1972 Protocol,
and in the Schedules annexed to the 1971 Single
Convention on Psychotropic Substances
 Any person charged under any provision of this
Act regardless of the imposable penalty shall
NOT be allowed to avail of the provisions of plea-
bargaining. (Sec. 23)
 Any person convicted for drug trafficking or
pushing under this Act, regardless of the penalty
imposed by the Court, CANNOT avail of the
privilege granted by the Probation Law (PD No.
968, as amended). Sec. 24)
 Notwithstanding the provisions of the law to the
contrary, a positive finding for the use of
dangerous drugs shall be a QUALIFYING
AGGRAVATING CIRCUMSTANCE in the
commission of a crime by an offender, and the
applicable penalty provided for in the RPC shall
be applicable. (Sec. 25)
 Any person who is found guilty of “planting” any
dangerous drug and/or controlled precursor and
essential chemical, regardless of quantity and
purity, shall suffer the penalty of death. (Sec. 29)
 In addition to the penalties prescribed in the
unlawful act committed, any alien who violates
such provisions of this Act shall, after service of
sentence, be deported immediately without
further proceedings, unless death is the penalty.
(Sec. 31)
DANGEROUS DRUG TEST AND RECORD
REQUIREMENT (ARTICLE III)
The following shall be subjected to undergo drug
testing:
1. Applicants for driver’s license.
2. Applicants for firearm’s license and for permit to
carry firearms outside of residence.
 All persons who by the nature of their
profession carry firearms shall undergo drug
testing.
3. Students of secondary and tertiary schools.
4. Officers and employees of public and private
offices (whether domestic of overseas)
 Shall be subjected to undergo a random
drug test. Any officer or employee found
positive of use of dangerous drugs shall be
dealt with administratively which shall be a
ground for suspension or termination subject
to the provisions of Art. 282 of the Labor
Code and pertinent provisions of the Civil
Service Law.
5. Officers and members of the military, police and
other law enforcement agencies shall undergo an
annual mandatory drug test.
6. All persons charged before the prosecutor’s
office with a criminal offense having an imposable
penalty of imprisonment of not less than six (6)
 years and one (1) day shall have to undergo a Maintenance of den, dive or resort
mandatory drug test.
7. All candidates for public office whether appointed Includes:
or elected both in the national or local - mere attempt
government shall undergo a mandatory drug test. - mere conspiracy
 Those found to be positive for dangerous
drugs shall be subjected to the provisions of Maximum Penalty if:
Sec. 15 (Use of Dangerous Drugs), which a. sold/administered to a minor and allowed to use
involves rehabilitation for a minimum period the same in such a place.
of 6 months for the first offense, or b. If DD is the proximate cause of death, such place
imprisonment of 6 to 12 years for the second shall be escheated/forfeited in favor of the
offense. government

 The privilege of suspended sentence shall be Note: owner shall be included as an accused provided
availed of only ONCE by an accused drug use is intentional.
dependent who is a first-time offender over fifteen
(15 years of age at the time of the commission of Employment and/or visiting the den, dive or resort
the violation of Section 15 (Use of Dangerous
Drugs) but not more than eighteen (18) year of Includes:
age at the time when judgment should be - mere attempt
promulgated. (Sec. 68) - in employment, provided he is aware of the
nature of the place

Illegal manufacture

Who are liable?

Punishable Acts (RA 9165) Organizer, manager, financier, protector

CONTROLLED Aggravating circumstances:

DANGEROUS DRUGS PRECURSORS AND a. done with the help of minors
(DD) ESSENTIAL b. done within 100m from residential, business,
CHEMICALS (CP/EC) church, or school premises
Importation c. if the clandestine lab is protected with booby
traps.
Includes: d. If the clandestine lab is concealed with legitimate
- mere attempt business operation
- mere conspiracy e. Employment of a practitioner, chemical engr. Or
public official or foreigner.
Who are liable?
Organizer, manager, financier, protector Presumption of manufacture:
-presence of CP or ES or lab equipment in the
Sale, administration, trading, delivering, clandestine lab is a prima facie proof of manufacture
dispensation, distribution, transportation, or of DD, CP and ES
dispatchment in transportation
Note: Not necessarily caught in the actual act.
Includes: Mere presence of a chemical DD, CP or ES, is a
- mere attempt prima facie evidence already.
- mere conspiracy
Illegal chemical diversion
Who are liable?
Organizer, manager, financier, protector. Manufacture or delivery of equipment, instrument,
apparatus, and other paraphernalia
Aggravating Circumstances:
a. use of minors/mentally incapacitated as couriers, Maximum Penalty if:
runners and messengers a. Minor is use to deliver.
b. victim is a minor/mentally incapacitated b. Mentally incapacitated person is used to deliver
c. proximate cause of death is either DD or PC/EC
d. committed within 100m from school. Possession of DD
Possession of Failure to maintain and keep records of
equipment, instrument, transactions of DD and CP/ES
apparatus, and other
paraphernalia intended Who are liable?
to smoking, -practitioner, manufacturer, wholesaler, importer,
consuming, distributor, dealer or retailer or anybody who is in the
administering, business of DD, CP or ES.
injecting, ingestion/ Unnecessary -
introducing into the Prescription
human body
When is prescription
Presumption: unnecessary?
- Possession of these
items is prima facie -when it is not required
evidence that the by the physical,
possessor has psychological, and
smoked, consumed, emotional condition of
administered, the patient
injected, ingested/ Unlawful Prescription -
used DD, shall be Misappropriation, misapplication or failure to
presumed that he account seized, confiscated DD, CP or EC and
violated Sec. 15 plants which are sources of DD, instruments,
Possession of DD - paraphernalia or lab equipment, including
during parties, social proceeds/properties obtained from the unlawful
gathering or meeting of act.
in the proximate
company of at least two Note: If the lawful custodian misapplied,
persons misappropriated items under DD, CP or EC plants,
Mere possession of - instruments, paraphernalia and other items, he shall
equipment, instrument, be prosecuted under DDA of 2002 and not under RPC
apparatus, and other Benefiting from the -
paraphernalia of DD proceeds of trafficking
during parties, social of DD
gathering or meeting or
in the proximate Note: applies only to
company of at least two public officials
persons Receiving financial/ -
Use of DD - material contributions
from persons found
First Offense: 6 months guilty of trafficking DD
– any rehab center
Note: Applies only to
Second Offense: 6 officers of juridical
years and 1 day to 12 entities; he shall be liable
years imprisonment as co-principal
(Prision mayor) Planting DD, CP or ES as evidence
Cultivation/culture of -
plants classified as DD Consenting to or -
or sources of DD knowingly violates any
provision of this act
Includes:
- mere attempt Note: Applies only to
- mere conspiracy officers of juridical
entities; he shall be liable
Who are liable? as co-principal
Organizer, manager,
financier, protector.
Knowingly consenting to/ tolerating or authorizing
of any vehicle, vessel, an aircraft, equipment or Grounds for termination of immunity:
other facility as an instrument in importation, sale, 1. If the testimony is false, malicious, or may only
trade, administration, dispensation, delivery, harass or prejudice the accused.
distribution, transportation, manufacturer or 2. Failure or refusal to testify without just cause.
chemical diversion if the same are owned by/or 3. Violating any condition for immunity.
under the control/ supervision of the officers of
juridical entities. Effect of termination of immunity: The immunity
Violating any rule/regulation issued by the DD shall seize and the witness shall be prosecuted or
Board pursuant to RA 9165 cited for contempt.
Issuance of -
false/fraudulent DD test Voluntary submission of a drug dependent to
results confinement, treatment and rehabilitation (Sec.
Violation of the - 54, RA 9165):
confidentiality rule on  The drug dependent may by himself/herself or
records of drug through his/her parents, spouse, guardian or
dependents under relative within the 4th degree of consanguinity or
voluntary submission affinity, apply to the Board or its duly recognized
Failure/refusal to - representative, for treatment and rehabilitation of
appear as a witness for the drug dependency
any violation of this act  Upon such application, the Board shall bring forth
Delay of handling in the - the matter to the Court which shall order that the
prosecution of drug applicant be examined for drug dependency
related cases  If positive:
a. the court issues an order for rehabilitation
Note: Applies only to and treatment to a center for not less than 6
prosecutors months; or
b. may be placed in the care of DOH accredited
Requisites for immunity from prosecution and physician if there’s no available center or
punishment: c. When the drug dependent is under 18 years
1. The accuses should be prosecuted for violation old, and first time offender, and non-
of Sec. 7, 11, 12, 14, 15, and 19 of the said Act; confinement in a center, will not pose a
2. Voluntarily gives information of any of these acts: serious danger to his/her family or
Sec. 4, 5, 6, 12, 13, and 16; violation of any other community.
provisions of the Act if committed by a syndicate  Confinement in a center shall not
including any information leading to the exceed 1 year, after which time the
whereabouts, identities, and arrests of any/all of Court, as well as the board, shall be
the syndicate members; apprised by the head of the treatment
3. He willingly testifies against any of the and rehab center of the status of said
individuals; drug dependent and determine whether
4. His testimony has complied with the following: further confinement will be for the
a. It is necessary for the conviction of the welfare of the drug dependent and
above persons; his/her family or community.
b. It is not yet in the possession of the State;
c. It can be substantially corroborated in his Exemption from the Criminal Liability under the
material points; Voluntary Submission Program (Sec. 5, RA 9165):
d. The witness has not been convicted of the
crime involving moral turpitude except when Requisites:
there is no evidence available for his 1. he/she has complied with the rules and
prosecution other than the testimony of the regulations of the center, the applicable rules and
witness; regulations of the Board, including the after-care
e. The witness shall strictly and faithfully and follow-up program for at least 18 months
comply without delay any conditions/ following temporary discharge from confinement
undertaking lawfully imposed by the State; in the center.
f. The witness does not appear to be the most 2. he/she has never been charged or convicted
guilty; and under this Act.
g. There is no direct evidence of available 3. he/she has no record of escape from a center
mistake except for the testimony of the
witness.
4. he/she possesses no serious danger to himself/
herself, his/her family or the community by
his/her exemption from criminal liability.
Compulsory confinement of a drug dependent
who refuses to apply under the voluntary
submission program (Sec. 61, RA 9165):
 notwithstanding any law, rule and regulation to
the contrary, any person determined and found to
be dependent on dangerous drugs shall, upon
petition by the Board or any of its authorized
representative, be confined for treatment and
rehabilitation in any Center duly designated or
accredited for the purpose
 such petition may be filed by any person
authorized by the Board with the RTC of the
province or city where such person is found.
Dangerous Drugs Board and Philippine Drug
Enforcement Agency (Article IX)
Dangerous Drugs Board – shall be the policy-
making and strategy-formulating body in the planning
and formulation of policies and programs on drug
prevention and control.
Philippine Drug Enforcement Agency (PDEA) –
shall serve as the implementing arm of the Board, and
shall be responsible for the efficient and effective law
enforcement of all the provisions on any dangerous
drug and/or controlled precursor and essential
chemical as provided in the Act.
 Among the powers and duties of the PDEA is to
prepare for prosecution or cause the filing of
appropriate criminal and civil cases for violation
of all laws on dangerous drugs, controlled
precursors and essential chemicals, and other
similar controlled substances, and assist, support
and coordinate with other government agencies
for the proper and effective prosecution of the
same. (Sec. 84 [h])
The PDEA shall be the lead agency in the
investigation of any violation of RA No. 9165. (Sec.
86, last par.)
TITLE SIX:
CRIMES AGAINST PUBLIC MORALS
CHAPTER ONE: GAMBLING AND BETTING
(ARTS. 195-199)
 Arts. 195-199 and provisions of PD 483 and 449
are repealed insofar as they are inconsistent with
PD 1602, which provides for stiffer penalties for
violation of the Gambling Laws.
Gambling – is any game of chance or scheme,
whether upon chance or skill, wherein wagers
consisting of money, articles or value or
representative of value are at stake or made.
Elements of lottery:
1. Consideration;
2. Chance;
3. Prize or some advantage or inequality in amount
or value which is in the nature of a prize.
ARTICLE 195
KNOWINGLY PERMITTING GAMBLING TO BE
CARRIED ON IN A PLACE OWNED OR
CONTROLLED BY THE OFFENDER
Elements:
1. That a gambling game was carried on in an
inhabited or uninhabited place or in any building,
vessel or other means of transportation;
2. That the place, building, vessel or other means of
transportation is owned or controlled by the
offender.
3. That the offender permitted the carrying on of
such games knowing that it is a gambling games.
ARTICLE 196
IMPORTATION SALE AND POSSESSION OF
LOTTERY TICKETS OR ADVERTISEMENTS
Acts punished relative to lottery tickets or
advertisements:
1. By importing into the Philippines from any foreign
place or port any lottery ticket or advertisement.
2. By selling or distributing the same in connivance
with the importer.
3. By possessing, knowingly and with intent to use,
lottery tickets or advertisements.
4. By selling or distributing the same without
connivance with the importer.
 The possession of any lottery ticket or
advertisement is prima facie evidence of an intent
to sell, distribute or use the same.
PRESIDENTIAL DECREE NO. 483
Penalizing Betting, Game-fixing or Point-Shaving
and Machinations in Sport Contests
Acts punishable:
Game-fixing, point-shaving, game machination, in
connection with the games of basketball, volleyball,
softball, baseball; chess, boxing bouts, “jai-alai”,
“pelots,” and all other sports contests, games or
races; as well as betting therein except as may be
authorized by law (Sec. 2)
Definitions:
1. Betting – betting money or any object or article
of value or representative of value upon the result
of any game, races and other sports contests
2. Game-fixing – any arrangement, combination,
scheme or agreement, by which the result of any
game, races or sports contests shall be predicted
and/or known other than on the basis of the
honest playing skill or ability of the players or
participants
3. Point-shaving – any such arrangement,
combination, scheme, or agreement by which the
skill or ability of any player or participant in a
game, race or sports contest to make points or
scores shall be limited deliberately in order to
influence the result thereof in favor of one or the
other team, player or participant therein
4. Game machination – any other fraudulent,
deceitful, unfair or dishonest means, method,
manner or practice employed for the purpose of
influencing the result of any game, race or sports
contest (Sec. 1)
Liability of offenders:
 When the offender is an official, such as
promoter, referee, umpire, judge, or coach in the
game, race, sports contests, or the manager or
sponsor of any participating team, individual, or
player therein, or participants or players in such
games, races, or other sports contests, he shall,
upon conviction be punished by prision
correccional in its maximum period and a fine of
2,000 pesos with subsidiary imprisonment in
case of insolvency, at the discretion of the court.
This penalty shall also be imposed when the
offenders compose a syndicate of five or more
persons.
 In case of any other offender; he shall, upon
conviction, be punished by prision correcional in
its medium period and a fine of 1,000 pesos with
subsidiary imprisonment in case of insolvency at
the discretion of the court.
 When the offender is an official or employee of
any government office or agency concerned with
the enforcement or administration of laws and
regulations on sports the penalty provided for in
the preceding paragraph shall be imposed. In
addition, he shall be disqualified from holding any
public office or employment for life. If he is an
alien, he may be deported. (Sec. 3)
ARTICLE 197
ILLEGAL BETTING ON HORSE RACES
Acts punishable in illegal betting on horse races:
1. By betting on horse races during the periods not
allowed by law.
2. By maintaining or employing a totalizer or other
device or scheme for betting on races or realizing
profit therefrom during the periods not allowed by
law.
ARTICLE 198
ILLEGAL COCKFIGHTING
Acts punishable:
Any person who directly or indirectly participates in
cockfights, by betting money or other valuable thins or
who organizes cockfights at which bets are made, on
a day other than those permitted by law, or at a place
other than a licensed cockpit.
CHAPTER TWO: OFFENSES AGAINST DECENCY
AND GOOD CUSTOMS
(ARTS. 200-202)
ARTICLE 200
GRAVE SCANDAL
Elements:
1. That the offender performs an act or acts.
2. That such act or acts be highly scandalous as
offending against decency or good customs.
3. That the highly scandalous conduct is not
expressly falling within any article of this Code.
4. That the act or acts complained of be committed
in a public place or within the public knowledge or
view.
Decency – means proprietary of conduct; proper
observance of the requirements of modesty, good
taste, etc.
Customs – established usage, social conventions
carried on by tradition and enforced by social
disapproval of any violation thereof.
Grave scandal – consists of acts which are offensive
to decency and good customs which, having
committed publicly, have given rise to public scandal
to persons who have accidentally witnessed the
same.
 If the act or acts of the offender are punished
under another article of the Revised Penal Code,
Art. 200 is NOT applicable.
ARTICLE 201
 IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS, AND
INDECENT SHOWS
Persons Liable:
1. Those who shall publicly expound or proclaim
doctrines openly and contrary to public morals.
2. The authors of obscene literature, published with
their knowledge in any form; the editors
publishing such literature; and the owners,
operating the establishment or selling the same.
 Mere possession is not punishable.
 The crime of illegal publication is also
committed when the real printer’s name is
not divulged.
3. Those who, in theaters, fairs, cinematographs or
any other place, exhibit indecent or immoral
shows which are proscribed or are contrary to
morals, good customs, established policies,
lawful orders, decrees and edicts.
4. Those who shall give away or exhibit films, prints,
engravings, sculpture or literature, which are
offensive to morals.
 Publicity is required.
Morals – imply conformity with the generally accepted
standards of goodness or rightness in conduct or
character, sometimes, specifically, to sexual conduct
The Test of Obscenity
The test is whether the tendency of the matter
charged as obscene, is to corrupt those whose minds
are open to such influence, and into whose hands
such a publication may fall and also whether or not
such publication or act shocks the ordinary and
common sense of men as an indecency.
Indecency – an act against the good behavior and a
just delicacy
Disposition of prohibited articles:
The disposition of the literature, films, prints,
engravings, sculptures, paintings or other materials
involved in violation shall be governed by the
following rules:
1. Upon conviction of the offender – to be forfeited
in favor of the government to be destroyed.
2. Where the criminal case against the violator of
the decree results in an acquittal – to be forfeited
in favor of the government to be destroyed, after
forfeiture proceedings conducted by the chief
constabulary.
3. The person aggrieved by the forfeiture action of
the Chief of Police may, within 15 days after his
receipt of the copy of the decision, appeal the
matter to the Secretary of the National Defense
for review. The decision of the Secretary of the
National Defense shall be final and
unappealable. (Sec. 2, PD 969)
Obscene publications and Indecent shows under
RA 7610
Any person who shall hire, employ, use, persuade,
induce or coerce a child to perform in obscene
exhibition and indecent shows, whether live or in
video, pose or model in obscene publications or
pornographic materials or to sell or distribute the said
materials shall suffer the penalty of prision mayor in
its medium period.
If the child used as a performer, subject or
seller/distributor is below twelve (12) years of age, the
penalty shall be imposed in its maximum period.
Any ascendant, guardian or person entrusted in any
capacity with care of a child who shall cause and/or
allow such child to be employed or to participate in an
obscene play, scene, act, movie or show in any other
acts covered by this section shall suffer the penalty of
prision mayor in its medium period.
ARTICLE 202
VAGRANTS AND PROSTITUTES
Persons Liable:
1. Any person having no apparent means of
subsistence, who has the physical ability to work
and who neglects to apply himself to some lawful
calling; (mendicant)
2. Any person found loitering about public or
semipublic buildings or places or tramping or
wondering about the country or the streets
without visible means of support;
3. Any idle or dissolute person who lodges in
houses of ill fame; ruffians or pimps and those
who habitually associate with prostitutes;
(vagrant)
4. Any person who, not being included in the
provisions of other articles of this Code, shall be
found loitering in any inhabited or uninhabited
place belonging to another without any lawful or
justifiable purpose.
Art. 202 is NOT applicable to minors
Persons below eighteen (18) years of age shall be
exempt from prosecution for the crimes of vagrancy
and prostitution under Sec. 202 of the RPC, of
mendicancy under PD 1563, and sniffing of rugby
under PD 1619, such prosecution being inconsistent
with the United Nations Convention on the Rights of
the Child: Provided, that said persons shall undergo
appropriate counseling and treatment program. (Sec.
58, RA 9344 otherwise known as the “Juvenile
Justice and Welfare Act of 2006”)
Prostitutes – women who, for money or profit
habitually indulge in sexual intercourse or lascivious
conduct.
Persons Liable under PD 1563 or the Mendicancy
Law:
 Mendicant himself
 Any person who abets mendicancy by giving
alms directly to mendicants, exploited infants,
and minors on public roads, sidewalks, parks and
bridges.
TITLE SEVEN:
CRIMES COMMITED BY A PUBLIC OFFICER
ARTICLE 203
WHO ARE PUBLIC OFFICERS
Requisites:
To be a public officer one must be –
1. Taking part in the performance of public functions
in the government, or performing in said
Government or in any of its branches public
duties as an employee, agent or subordinate
official, or nay rank or class; and
2. That his authority to take part in the performance
of public functions or to perform public duties
must be –
a. by direct provision of the law, or
b. by popular election, or
c. by appointment by competent authority.
 The term “public officers” embraces every
public servant from the highest to the lowest.
For the purposes of the RPC, it obliterates
the standard distinction in the law of public
officers between “officer” and “employee.”
 Temporary performance of public functions
by a laborer makes him a public officer
CHAPTER TWO: MALFEASANCE AND
MISFEASANCE IN OFFICE (ARTS. 204-212)
SECTION ONE: DERELICTION OF DUTY
Misfeasance – improper performance of some act
which might lawfully be done.
Malfeasance – the performance of some act which
ought not to be done
Nonfeasance – omission of some act which ought to
be performed.
ARTICLE 204
KNOWINGLY RENDERING UNJUST JUDGMENT
Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted
to him for decision;
3. That the judgment is unjust;
4. That the judge knows that his judgment is unjust.
Judgment – the final consideration and determination
of a court of competent jurisdiction upon the matters
submitted to it in an action or proceeding
Unjust judgment – is one which is contrary to law, or
is not supported by evidence
Sources of unjust judgment:
1. error, or
2. ill-will or revenge, or
3. bribery
 There is no liability at all for a mere error in good
faith.
 There must be evidence that the judgment is
unjust for it cannot be presumed. The Supreme
court must have declared the judgment as unjust
in a certiorari, prohibition, or administrative
proceeding.
ARTICLE 205
JUDGMENT RENDERED THROUGH NEGLIGENCE
Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted
to him for decision;
3. That the judgment is manifestly unjust;
4. That it is due to his inexcusable negligence or
ignorance
“Manifestly Unjust Judgment” – It is so manifestly
contrary to law, that even a person having a meager
knowledge of the law cannot doubt the injustice
(Albert)
 Abuse of discretion or mere error of judgment is
NOT punishable.
ARTICLE 206
UNJUST INTERLOCUTORY ORDER
Elements:
1. That the offender is a judge;
2. That the performs any of the following acts:
a. Knowingly renders unjust interlocutory order
or decree, or
 b. Renders a manifestly unjust interlocutory
order or decree through inexcusable
negligence or ignorance.
Interlocutory order – an order which is issued by the
court between the commencement and the end of a
suit or action and which decides some point or matter,
but which, however, is not a final decision of the
matter in issue
Test: Does it leave something to be done in the trial
court with respect to the merits of the case? If it does,
it is interlocutory; if it does not, it is final.
ARTICLE 207
MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
Elements:
1. That the offender is a judge;
2. That there is a proceeding in court.
3. That he delays the administration of justice;
4. That the delay is malicious, that is, the delay is
caused by the judge with deliberate intent to
inflict damage on either party in the case.
 Mere delay without malice is NOT a felony
under this article.
 If the delay is NOT malicious, but committed
through gross negligence, the crime
committed is that under RA 3019, Sec. 3(e).
ARTICLE 208
PROSECUTION OF OFFENSES;
NEGLIGENCE AND TOLERANCE
Punishable acts:
1. By maliciously refraining from instituting
prosecution against violators of the law;
2. By maliciously tolerating the commission of a
crime
Elements:
1. That the offender is a public officer who has a
duty to cause the prosecution of, or to prosecute
offenses;
2. That knowing the commission of the crime, he
does not cause the prosecution of the criminal or
knowing that a crime is about to be committed he
tolerates its commission; and
3. That the offender acts with malice and deliberate
intent to favor the violator of the law.
Who Can Be Offenders in Art. 208?
1. Public Officer
Officers of the prosecution department whose
duty is to institute criminal proceedings upon
being informed
2. Officer of the law
By reason of position held by them are duty-
bound to cause prosecution and punishment of
offenders.
Note: Any person who solicits, accepts or agrees to
accept any benefit in consideration of abstaining from
discounting or impeding the prosecution of criminal
offender is liable under PD 1829.
ARTICLE 209
BETRAYAL OF TRUST BY AN ATTORNEY OR
SOLICITOR – REVELATION OF SECRETS
Punishable acts:
1. Causing damage to his client, either:
a. by any malicious breach of professional duty;
or
b. inexcusable negligence or ignorance
 If no damage is caused, attorney may be
held administrative or civilly liable.
2. Revealing any of the secrets of his client learned
by him in his professional capacity
 Damage is NOT necessary
3. Undertaking the defense of the opposing party in
the same case without the consent of his first
client
 If the client consents to the attorney’s taking
the defense of the other party, there is no
crime.
Procurador judicial – a person who had some
practical knowledge of law and procedure, but not a
lawyer, and was permitted to represent a party in a
case before an inferior court
SECTION TWO: BRIBERY
ARTICLE 210
DIRECT BRIBERY
Punishable acts:
1. By agreeing to perform, or by performing in
consideration of any offer, promise, gift or
present, an act constituting a crime, in connection
with the performance of official duties.
 A promise to give gift to, and a promise to
commit an unlawful act by, a public officer
will be sufficient
2. By Accepting a gift in consideration of the
execution of an act which does not constitute a
crime, in connection with the performance of his
official duty.
 The gift was accepted by the public officer.
 The act must be unjust.
3. By agreeing to refrain, or by refraining, from
doing something which it is his official duty to do,
in considerati8on of a gift or promise.
 The third form of direct bribery differs from
prevaricacion in that in bribery, the offender
refrained from doing his official duty in
consideration of a gift received or promised.
This element is not necessary in the crime of
prevaricacion.
Elements of direct bribery:
1. That the offender be a public officer;
2. That the offender accepts an offer or a promise or
receives a gift or present by himself or through
another;
3. That such offer or promise be accepted, or gift or
present received by the public officer –
a. With a view to committing some crime; or
b. In consideration of the execution of an act
which does not constitute a crime, but the
act must be unjust; or
c. To refrain from doing something which it is
his official duty to do;
4. That the act which the offender agrees to perform
or which he executes be connected with the
performance of his official duties.
 The provisions of Art. 210 are made applicable to
assessors, arbitrators, appraisal and claim
commissioners, experts or any other persons
performing public duties. (Art. 210, last par.)
 For the purpose of punishing bribery, the
temporary performance of public functions is
sufficient to constitute a person a public officer.
ARTICLE 211
INDIRECT BRIBERY
Elements:
1. That the offender is a public officer;
2. The he accepts gifts;
3. That the said gift are offered to him by reason of
his office.
DIRECT BRIBERY INDIRECT BRIBERY
-----
In both crimes the public officer receives gift.
-----
There is agreement No such agreement
between the public officer exists.
and the giver or gift or
present.
------
The offender agrees to It is not necessary that
perform or performs an the officer should do any
act or refrains from doing particular act or ever
something because of promise to do an act as it
the gift or promise. is enough that he accepts
gifs offered to him by
reason of his office.
 There is no attempted or frustrated indirect
bribery because it is committed by accepting gifts
offered to the public officer by reason of his
office. If he does not accept the gifts, he does not
commit the crime. If he accepts the gifts, it is
consummated.
 It is considered indirect bribery even if there was
a sort of an agreement between public officer and
giver of gift.
 Receiving of gifts by public officials and
employees, and giving of gifts by private persons,
on any occasion, including Christmas is
punishable.
Note:
PD 46 punishes
1. Any public official or employee who receives,
directly or indirectly and;
2. Any private person who gives, or offers to give:
 Any gift, present or other valuable thing to
any occasion, when such gift, present or
other valuable thing is given by reason of the
former’s official position, whether the same is
for past favors or the giver hopes or expects
to receive a favor or better treatment in the
future from the public official or employee
concerned in the discharge of his official
functions
Included within the prohibition is the throwing of
parties or entertainments in honor of the official or
employees or his immediate relatives.
ARTICLE 211-A
QUALIFIED BRIBERY
Elements:
1. That the offender is a public officer entrusted with
law enforcement;
2. That the offender refrains from arresting or
prosecuting an offender who has committed a
crime punishable by reclusion perpetua and/or
death;
Note: if crime committed is punishable by a penalty
less than reclusion perpetua, the public officer is liable
under Article 208 and direct bribery.
3. That the offender refrains from arresting or
prosecuting the offender in consideration of any
promise, gift or present.

ARTICLE 212
CORRUPTION OF PUBLIC OFFICIALS
Elements:
1. That the offender makes offers or promises or
gives gifts or presents to a public officer;
2. That the offers or promises are made or the gifts
or presents given to a public, officer, under
circumstances that will make the public officer
liable for direct bribery or indirect bribery.
 This article is concerned with the liability of the
person who shall have made the offers or
promises or given the gifts to the public officer.
 The crime is attempted if the offer, promise, gift or
present was refused and consummated if
accepted.
 PD 749 grants immunity from prosecution to
givers of bribes and other gifts and to their
accomplices if they willingly testify against public
officers or employees in bribery and other graft
cases. For the immunity to be enjoyed, the
following conditions must occur:
1. The information must refer to consummated
violations of any of the provisions of law,
rules and regulations mentioned in PD 749;
2. The information and testimony are
necessary for the conviction of the accused
public officer;
3. Such information and testimony are not yet
in the possession of the State
4. Such information and testimony can be
corroborated on its material points; and
5. The informant or witness has not been
previously convicted or a crime involving
moral turpitude.
REPUBLIC ACT NO. 3019
As amended by RA 3047, PD 77, and BP 195
Anti-Graft and Corrupt Practices Act
Section 2. Definition of Terms
Government – the national government, the local
government, the GOCCs and all other
instrumentalities or agencies of the government.
Public officer – elective and appointive officials and
employees, permanent or temporary, whether in the
classified or unclassified or exempt services receiving
compensation, even nominal from the government.
“Receiving any gift” – accepting directly or indirectly
a gift from a person other than a member of the public
officers, immediate family, in behalf of himself or of
any member of his family or relative within the fourth
civil degree, either by consanguinity or affinity, even
on the occasion of a family celebration or national
festivity like Christmas, if the value of the gift is under
the circumstances manifestly excessive.
Section 3. Corrupt Practices of Public Officials:
The corrupt practices herein enumerated are in
addition to acts or omissions of public officers already
penalized by existing law.
1. Persuading, inducing or influencing another
public officer to perform an act constituting a
violation of rules and regulations duly
promulgated by competent authority or an
offense in connection with the official duties of the
latter, or allowing himself to be persuaded,
induced, or influenced to commit such violation or
offense.
2. Directly or indirectly requesting or receiving any
gift, present, share, percentage, or benefit, for
himself or for any other person, in connection
with any other contract or transaction between
the government and any other party, wherein the
public officer in his official capacity has to
intervene under the law.
 The lack of “demand” is immaterial. After all,
Sec. 3(b) of RA 3019 uses the word “or”
between requesting and receiving.
 There must be a clear intention on the part of
the public officer to take the gift so offered
and consider it as his or her own property
from then on. Mere physical receipt
unaccompanied by any other sign,
circumstance or act to show acceptance is
not sufficient to lead the court to conclude
that the crime has been committed.
(Peligrino vs. People, G.R. No. 136266,
August 31, 2001)
3. Directly or Indirectly requesting or receiving any
gift, present or other pecuniary or material
benefit, for himself or for another, from any
person for whom the public officer, in any manner
or capacity has secured or obtained, or will
secure or obtain, any government permit or
license, in consideration for the help given or to
be given, without prejudice to Sec. 13 of this Act.
4. Accepting of having any member of his family
accept employment in a private enterprise which
has pending official business with him during the
pendency thereof or within 1 year after his
termination.
5. Causing any undue injury to any party, including
the government, or giving any private party any
unwarranted benefits, advantage or preference in
the discharge of his administrative or judicial
functions through manifest partiality, evident bad
faith or gross inexcusable negligence. This
provision shall apply to officers and employees of
offices or Government corporations charged with
the grant of licenses or permits or other
concessions.
  To be held liable under said section, the act
of the accused which caused undue injury
must have been done with evident bad faith
or gross inexcusable negligence.
 If the act was committed with malice, the
crime committed may be that under Article
207 (malicious delay in the administration of
justice) of the RPC.
 Gross negligence – negligence
characterized by the want of even slight care
acting or omitting to act in a situation where
there is a duty to act, not inadvertently but
willfully and intentionally with a conscious
indifference to consequences in so far as
other persons may be affected. It is the
omission of that care which even inattentive
and thoughtless men never fail to take on
their property. (Alejandro v. People, G.R. No.
81031, February 20 1989) In case of public
officials, there is gross negligence when a
breach of duty is flagrant and palpable.
(Quibal v. Sandiganbayan, G.R. No. 109991,
May 22, 1995).)
6. Neglecting or refusing, after due demand or
request without sufficient justification, to act
within reasonable time on any matter pending
before him for the purpose of obtaining, directly
or indirectly, from any person interested in the
matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own
interest or giving undue advantage in favor of or
discriminating against any other interested party.
7. Entering on behalf of the Government, into any
contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the
public officer profited or will profit thereby
8. Directly or indirectly having financial or pecuniary
interest in any business, contract of transaction in
connection with which he intervenes or takes part
in his official capacity, or in which he is prohibited
by the Constitution or by law from having any
interest.
9. Directly or indirectly becoming interested, for
personal gain, or having material interest in any
transaction or act requiring the approval of a
board, panel or group which he is a member and
which exercises discretion in such approval, even
if he votes against the same or does not
participate in the action of the board, committee,
panel or group.
 Interest for personal gain shall be presumed
against those public officers responsible for
the approval of manifestly unlawful,
inequitable or irregular transactions or acts
by the board, panel or group to which they
belong.
10. Knowingly approving or granting any license,
permit, privilege or benefit in favor of any person
not qualified for or not legally entitled to such
license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not
qualified or entitled
11. Divulging valuable information of a confidential
character, acquired by his office or by him on
account of his official position to unauthorized
persons, or releasing such information in
advance of its authorized date
 If damage was caused, Article 229
(revelation of secrets by an officer) under the
RPC is committed.
Section 4. Prohibition on Private individuals
1. Taking advantage of family or close personal
relation with public official is punished
Family relation – include the spouse or relatives
by consanguinity or affinity in the third civil
degree.
Close personal relation – include close
personal friendship, social and fraternal
connections, and professional employment all
giving rise to intimacy which assures free access
to such public officer
2. Knowingly inducing or causing any public official
to commit any of the offenses defined in Section
3
Section 5. Prohibition on certain relatives
 The spouse or any relative by consanguinity or
affinity, within the 3rd civil degree, of the
President, the Vice-President, Senate President,
or the Speaker of the House of Representatives
is prohibited to intervene directly or indirectly, in
any business, transaction, contract or application
with the government.
Exceptions to the provisions:
1. Any person who prior to the assumption of office
of any of those officials to whom he is related,
has been already dealing with the government
along the same line of business, nor to any
transaction, contract or application already
existing or pending at the time of such
assumption of public office.
2. Any application filed by him, the approval of
which is not discretionary on the part of the
official or officials concerned but depends upon
compliance with the requisites provided by law, or
rules or regulations issued pursuant to the law.
3. Any act lawfully performed in an official capacity
or in the exercise of a profession
Section 6. Prohibition on Members of Congress
 Members of Congress during their term are
prohibited to acquire or receive any personal
pecuniary interest in any specific business
enterprise which will be directly and particularly
favored or benefited by any law or resolution
authored by them.
 The prohibition shall also apply to any public
officer who recommended the initiation in law or
resolution and acquires or receives any such
interest during his incumbency.
 The member of Congress or other public officer,
who, having such interest prior to the approval of
a law or resolution authored or recommended by
him, continues for thirty days after such approval
to retain his interest also violates this section.
Section 8. Prima facie evidence of and dismissal
due to unexplained wealth
 A public official who has been found to have
acquired during his incumbency, whether in his
name or the name of other persons, an amount
of property and/or money manifestly out of
proportion to his salary and to his lawful income
(RA 1319)
 Ground for forfeiture of unexplained wealth
Section 11. Prescription of offenses
 15 years – prescriptive period of all offenses
under the Act.
Section 12 Termination of office
No public officer is allowed to resign or retire:
1. Pending investigation, criminal or administrative
or
2. Pending a prosecution against him
3. For any offense under the Act or under the
provisions of the RPC on Bribery.
Section 14. Exception
Unsolicited gifts or presents of small or insignificant
value offered or given as a mere ordinary token of
gratitude of friendship according to local custom or
usage.
REPUBLIC ACT NO. 7030
Anti-Plunder Act
Means or schemes to acquire ill-gotten wealth
1. Through misappropriation, conversion, misuse or
malversation of public funds or raids on the public
treasury.
2. By receiving directly or indirectly, any
commission, gift, share, percentage or any other
form of pecuniary benefit from any person and/or
entity in connection with any government
contract/project or by reason of his office/position;
3. By the illegal or fraudulent conveyance or
disposition of assets belonging to the
government;
4. By obtaining, receiving or accepting, directly or
indirectly, any shares of stock, equity or any other
form of interest or participation including the
promise of future employment in any business
enterprise or undertaking;
5. By establishing agricultural, industrial or
commercial monopolies or other combinations
and/or implementing decrees and orders
intended to benefit particular persons or special
interests;
6. By taking undue advantage of official position,
authority, relationship, connection or influence to
unjustly enrich himself or themselves.
 These should be committed by a combination or
through a series of acts. There should be at least
two acts otherwise the accused should be
charged with the particular crime committed and
not with plunder. A COMBINATION means at
least two acts of a different category while a
SERIES means at least two acts of the same
category (Estrada vs. Sandiganbayan, G.R. No.
148560, November 21, 2001)
Section 2. Defninition of the Crime of Plunder;
Penalties
Plunder – a crime committed by any public officer, by
himself, or in connivance with his family, relatives by
affinity or consanguinity, business associates,
subordinates or other persons, by amassing,
accumulating or acquiring ill-gotten wealth in the
aggregate amount or total value of at least 50 million
pesos.
 Penalty: Reclusion Perpetua to Death
 Mitigating and extenuating circumstances shall
be considered by the courts in the imposition of
penalty.
Section 4. Rule of Evidence
 It is NOT necessary to prove each and every
criminal act done. A pattern of overt or criminal
acts indicative of the over-all unlawful scheme or
conspiracy shall be sufficient.
Section 6. Prescription of Crimes
 The crime punishable under this Act shall
prescribed in 20 years. However, the right of the
State to recover properties unlawfully acquired by
public officers from them or from their nominees
or transferees shall not be barred by prescription
or laches or estoppel.
 Plunder is a crime malum in se because the
constitutive crimes are mala in se. the elements
of mens rea must be proven in a prosecution for
plunder. (Estrada vs. Sandigandbayan, G.R. No.
148560, November 21, 2001
CHAPTER THREE: -----
 ARTICLE 213
FRAUD AGAINST THE TREASURY AND
SIMILAR OF OFFENSES
Punishable acts:
1. By entering into an agreement with any
interested party or speculator or making use of
any other scheme, to defraud the Government, in
dealing with any person with regard to furnishing
supplies, the making of contracts, or the
adjustment or settlement of accounts relating to
public property or funds
2. By demanding, directly or indirectly, the payment
of sums different from or larger than those
authorized by law, in the collection of taxes,
licenses, fees, and other imposts
3. By failing voluntarily to issue a receipt, as
provided by law, for any sum of money collected
by him officially, in the collection of taxes,
licenses, fees and other imposts.
4. By collecting or receiving, directly or indirectly, by
way of payment or otherwise, things or objects of
a nature different from that provided by law, in
the collection of taxes, licenses, fees and other
imposts.
Elements of frauds against public treasury
(Par. 1):
1. That the offender be a public officer;
2. That he should have taken advantage of his
office, that is, he intervened in the transaction in
his official capacity.
3. That he entered into an agreement with any
interested party or speculator or made use of any
other scheme with regard to
a. furnishing supplies
b. the making of contracts, or
c. the adjustment or settlement of accounts
relating to public property or funds
4. That the accused had intent to defraud the
Government.
 The offender must have the duty as public officer
to deal with any person with regard to furnishing
supplies; making of contracts, or the adjustments
or settlement of accounts relating to public
property or funds.
 This crime is consummated by merely entering
into an agreement with any interested party or
speculator or by merely making use of a scheme
to defraud the government. It is not necessary
that the government is actually defrauded by
reason of the transaction. It is sufficient that the
public officer who acted in his official capacity
had the intent to defraud the Government.
Elements of illegal exactions (Pars. 2-4):
1. That the offender is a public officer entrusted with
the collection of taxes, licenses, fees and other
imposts;
2. He is guilty of any of the following acts or
omissions;
a. Demanding, directly or indirectly, the
payment of sums different from or larger than
those authorized by law; or
b. Failing voluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially; or
c. Collecting or receiving, directly or indirectly,
by ways of payment or otherwise, things or
objects of a nature different from that
provided by law.
 Mere demand for larger or different amount is
sufficient to consummate a crime.
 When there is deceit in demanding a greater fee
than those prescribed by law, the crime
committed is estafa and not illegal exaction.
 A tax collector who collected a sum larger than
that authorized by law and spent the same is
guilty of illegal exaction and malversation.
 Officers or employees of the Bureau of Internal
Revenue or Bureau of Customs are not covered
by this article. The National Internal Revenue
Code or the Administrative Code applies.
ARTICLE 214
OTHER FRAUDS
Elements:
1. That the offender is a public officer;
2. That he takes advantage of his official position;
3. That he commits any of the frauds or deceits
enumerated in Arts. 315 to 318 (estafa, other
forms of swindling, swindling a minor, and other
deceits).
 The penalty under this article is in addition to the
penalties prescribed in the Articles violated.
ARTICLE 215
PROHIBITED TRANSACTIONS
Elements:
1. That the offender is an appointive public officer;
Examples: Justices, judges or fiscals, employees
engaged in the collection and administration of
public funds
2. That he becomes interested, directly or indirectly,
in any transaction of exchange or speculation;
3. That the transaction takes place within the
territory subject to his jurisdiction;
4. That he becomes interested in the transaction
during his incumbency.
  The transaction must be one of exchange or
speculation, such as buying stocks and
selling stocks, commodities, land, etc.,
hoping to take advantage of an expected rise
and fall in price.
 Purchasing of stocks or shares in a company
is simply an investment and is not a violation
of the article. But buying regularly securities
for resale is speculation.
ARTICLE 216
POSSESSION OF PROHIBITED INTEREST
BY A PUBLIC OFFICER
Persons liable:
1. Public officer who, directly or indirectly, became
interested in any contract or business in which it
was his official duty to intervene.
2. Experts, arbitrator and private accountants or
transaction connected with the estate to
adjudication of which they had acted.
3. Guardians and executors with respect to the
property belonging to their wards or the estate.
 Actual fraud is NOT necessary, the act is
punished because of the possibility that fraud
may be committed or that the officer may place
his own interest above that of the government or
party which he represents.
 Intervention must be by virtue of public office
held. The official who intervenes in contracts
which have no connection with his office cannot
commit the crime defined under this Article.
CHAPTER FOUR: MALVERSATION OF PUBLIC
FUNDS OR PROPERTY (ARTS. 217-222)
ARTICLE 217
MALVERSATION F PUBLIC FUNDS OR PROPERTY
– PRESUMPTION OF
MALVERSATION
Punishable acts:
1. By appropriating public funds or property.
2. By taking or misappropriating the same.
3. By consenting, or through abandonment or
negligence, permitting any other person to take
such public funds or property.
4. By being otherwise guilty of the misappropriation
or malversation of such funds or property.
Common elements:
1. That the offender be a public officer.
2. That he had custody or control of funds or
property by reason of the duties of his office
3. That those funds or property were public funds or
property for which he was accountable
4. That he appropriated, took, misappropriated or
consented, or through abandonment or
negligence, permitted another person to take
them.
 Funds or property must be received in official
capacity. Hence, if the public officer had no
authority to receive the money and he
misappropriated the same, the crime is estafa,
not malversation.
 The penalty for malversation is the same whether
committed with malice or through negligence or
imprudence.
 Nature of the duties of the public officer, not the
name of the office, is controlling.
Malversation may be committed by private
individual in the following cases:
1. Those in conspiracy with public officers guilty of
malversation
2. Those who are accessory or accomplice to a
public officer
3. Custodian of public funds or property in whatever
capacity
4. Depositary or administrator of public funds or
property
Presumption
When demand is made to the accountable officer to
account for the funds and property and the same is
not forthcoming, this shall be a prima facie evidence
that he has put such missing funds or property to
personal use.
 The return of the funds malversed in only
mitigating, not exempting, circumstance.
 Demand is NOT necessary in malversation.
Damage to the government is also not necessary.
Malversation is principally distinguished from
estafa by:
1. The public or private character of the accused
2. The nature of the funds.
3. That fact that conversion is not required in
malversation.
4. The rule that there is no need of prior demand in
malversation.
5. The absence of a requirement of damage in
malversation.
ARTICLE 218
FAILURE OF ACCOUNTABLE OFFICER TO
RENDER ACCOUNTS
Elements:
1. That the offender is a public officer, whether in The public fund or The public fund or
the service or separated therefrom. property is applied to property is applied to the
2. That he must be an accountable officer for public another public use. personal use and benefit
funds or property. of the offender or of
3. That he is required by law or regulation to render another person.
accounts to the Commission on Audit, or to a
provincial auditor.
4. That he fails to do so for a period of two months ARTICLE 221
after such accounts should be rendered. FAILURE TO MAKE DELIVERY OF
PUBLIC FUNDS OR PROPERTY
 Demand for accounting is NOT necessary.
 It is NOT necessary that there be Punishable acts:
misappropriation. If there is misappropriation, eh 1. By failing to make payment by a public officer
would be liable also for malversation under Art. who is under obligation to make such payment
217 from Government funds in his possession
2. By refusing to make delivery by a public officer
ARTICLE 219 who has been ordered by competent authority to
FAILURE OF RESPONSIBLE PUBLIC OFFICER TO deliver any property in his custody or under his
RENDER ACCOUNTS BEFORE LEAVING THE administration
COUNTRY.
Elements of refusal to make payment:
Elements: 1. That the public officer has Government funds in
1. That the offender is a public officer; his possession;
2. That he must be an accountable officer of public 2. That he is under obligation to make payments
funds or property; from such funds;
3. That he must have unlawfully left (or be on the 3. That he fails to make payment maliciously.
point of leaving) the Philippines without securing
from the Commission on Audit a certificate
showing that his accounts have been finally ARTICLE 222
settled. OFFICERS INCLUDED IN THE
PRECEDING PROVISIONS

ARTICLE 220 Private individuals who may be liable under Art.

ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
Elements:
1. That the offender is a public officer;
2. That there is a public fund or property under his
administration;
3. That such public fund or property has been
appropriated by law or ordinance;
4. that he applies the same to a public use other
than that for which such funds or property has
been appropriated by law or ordinance.
 The crime under this Article is also referred to as
TECHNICAL MALVERSATION.
217-221:
1. Private individuals who, in any capacity
whatsoever, have charge of any national,
provincial or municipal funds, revenue or property
2. Administrator, depository of funds or property
attached, seized, or deposited by public authority
even if such property belongs to a private
individual (example: sheriffs and receivers)
CHAPTER FIVE: INFIDELITY OF PUBLIC
OFFICERS (ARTS. 223-235)

Illegal Use of Public Funds or Property vs. SECTION ONE: DISOBEDIENCE, REFUSAL OF
Malversation under Art. 217 ASSISTANCE, AND MALTREATMENT OF
PRISONERS
ILLEGAL USE OF
PUBLIC FUNDS OR MALVERSATION ARTICLE 223
PROPERTY CONNIVING WITH OR CONSENTNG TO
The offenders are accountable public officers in both EVASION
crimes.
The offender does not The offender in certain Elements:
derived any personal cases profits from the 1. That the offender is a public officer;
gain or profit. proceeds of the crime.
2. That he had in his custody or charge, a prisoner,
either detention prisoner or prisoner by final
judgment;
3. That such prisoner escaped from his custody;
4. That he was in connivance with the prisoner in
the latter’s escape.
Classes of prisoner involved:
1. If the fugitive has been sentenced by final
judgment to any penalty.
2. If the fugitive is held only as detention prisoner
for any crime or violation of law or prisoner for
any crime or violation of law or municipal
ordinance.
 Leniency, laxity and release of detention
prisoner who could not be delivered to the
judicial authority within the time fixed by law,
are not considered infidelity in the custody of
prisoners.
ARTICLE 224
EVASION THROUGH NEGLIGENCE
Elements:
1. That the offender is a public officer;
2. That he is charged with the conveyance or
custody of a prisoner, either detention prisoner or
prisoner by final judgment;
3. That such prisoner escapes through his
negligence.
 Not every negligence or distraction of a guard is
penalized. It is only that positive carelessness
that is short of deliberate non-performance of his
duties as guard that is the gravamen of the crime
of infidelity under Art. 224.
 The fact that the public officer recaptured the
prisoner who had escaped from his custody does
not afford complete exculpation.
Liability of escaping prisoner:
1. If the fugitive is serving sentence by reason of
final judgment, he is liable for evasion of the
service of sentence under Art. 157.
2. If the fugitive is only a detention prisoner, he does
not incur criminal liability.
ARTICLE 225
ESCAPE OF PRISONER UNDER THE CUSTODY
OF A PERSON NOT A PUBLIC OFFICER
Elements:
1. That the offender is a private person;
2. That the conveyance or custody of a prisoner or
person under arrest is confided to him;
3. That the prisoner or person under arrest
escapes;
4. That the offender consents to the escape of the
prisoner or person under arrest, or that the
escape takes place through his negligence.
 Art. 225 is NOT applicable if a private person was
the one who made the arrest and he consented
to the escape of the person he arrested.
ARTICLE 226
REMOVAL, CONCEALMENT, OR DESTRUCTION
OF DOCUMENTS
Elements:
1. That the offender be a public officer;
Note: if the offender is a private individual, estafa
is committed if there is damage caused. If there
is no damage, the crime is malicious mischief.
2. That he abstracts, destroys or conceals
documents or papers;
 “Papers” include checks, promissory notes,
and paper money.
3. That the said documents or papers should have
been entrusted to such public officer by reason of
his office;
4. That damage, whether serious or not, to a third
party or to the public interest should have been
caused.
 The document must be complete and one by
which a right can be established or an
obligation could be extinguished.
 The removal must be for an illicit purpose.
 The crime or removal of public document in
breach of official trust is consummated upon
its removal or secreting away from its usual
place in the office and after the offender had
gone out and locked the door, it being
immaterial whether he has or has not
actually accomplished the illicit purpose for
which he removed said document.
 Damage in this article may consist in mere alarm
to the public or in the alienation of its confidence
in any branch of the government service.
ARTICLE 227
OFFICER BREAKING SEAL
Elements:
1. That the offender is a public officer;
2. That he is charged with the custody of papers or
property;
3. That these papers or property are sealed by
proper authority;
4. That he breaks the seals or permits them to be 3. That those papers should not be published;
broken. 4. That he delivers those papers or copies thereof
to a third person;
 Damages or intent to damage is not necessary. 5. That the delivery is wrongful; and
6. That damage be caused to public interest

ARTICLE 228  Charge here means control or custody. If the

OPENING OF CLOSED DOCUMENTS
Elements:
1. The offender is a public officer;
2. That any closed papers, documents or objects
are entrusted to his custody.
3. That he opens or permits to be opened said
closed papers, documents, or objects.
4. That he does not have the proper authority.
public officer is merely entrusted with the papers
but not with the custody, he is not liable under
this provision.
 Damage is an element of the offense defined in
Art. 229. a higher penalty is provided if serious
damage is caused otherwise a lower penalty is
imposed. This indicates that the lesser penalty
refers to causing damage which is not serious.

 The closed document must be entrusted to the

custody of the accused by reason of his office.

 If in opening closed papers or objects, the public

officer broke the seal, the offenses would be INFIDELITY IN THE
breaking the seal under Art. 227 and not the REVELATION OF CUSTODY OF
crime of opening a closed document, because SECRETS BY AN DOCUMENT/PAPERS
the offender must be a public officer “not included OFFICER BY REMOVING THE
in the preceding article..” SAME
The papers contain The papers do not
secrets and therefore contain secrets but their
ARTICLE 229 should not be published, removal is for an illicit
REVELATION OF SECRETS BY AN OFFICER and the public officer purpose.
having charge thereof
Punishable acts: removes and delivers
1. By revealing any secret known to the offending them wrongfully to a third
public officer by reason of his official capacity. person
2. By delivering wrongfully papers or copies of
papers of which he may have charge and which
should not be published.
ARTICLE 230
Elements of No. 1: PUBLIC OFFICER REVEALING SECRETS OF
1. That the offender is a public officer; PRIVATE INDIVIDUAL
2. That he knows of the secret by reason of his
official capacity; Elements:
3. That he reveals such secret without authority or 1. That the offender is a public officer;
justifiable reasons; 2. That he knows of the secrets of a private
4. That damage, great or small, be caused to public individual by reason of his office;
interest. 3. That he reveals such secrets without authority or
justifiable reason.
 Sec. 3(k) of RA 3019 is violated if there is no
damage caused in revealing the secret.  If the offender is a lawyer, the crime under Article
 This article punishes minor official betrayals, 209 is committed.
infidelities of little consequence, affecting usually  If the offender is a private individual, the crime
the administration of justice, executive or official under Article 290 or 291 is committed.
duties, or the general interest of the public order.  Revelation to one person is necessary and
 Secrets must affect public interests, if not, the sufficient, for public revelation is not required.
revelation would constitute no crime at all.
 It is NOT necessary that damage is suffered by
Elements of No. 2: the private individual. The reason for this
1. That the offender is a public officer; provision is to uphold faith and trust in public
2. That he has charge of papers; service.

CHAPTER SIX: OTHER OFFENSES OR
IRREGULARITIES BY PUBLIC OFFICERS (ARTS.
231-245)
SECTION ONE: DISOBEDIENCE, REFUSAL OF
ASSISTANCE AND MALTREATMENT OF
PRISONERS
ARTICLE 231
OPEN DISOBEDIENCE
Elements:
1. That the offender is a judicial or executive officer;
2. That there is a judgment decision or order of a
superior authority;
3. That such judgment, decision or order was made
within the scope of the jurisdiction of the superior
authority and issued with all legal formalities;
4. That the offender without any legal justification
openly refuses to execute said judgment,
decision or order, which he is duty bound to obey.
ARTICLE 232
DISOBEDIENCE TO ORDER OF SUPERIOR
OFFICER WHEN SAID ORDER WAS SUSPENDED
BY INFERIOR OFFICER
Elements:
1. That the offender is a public officer;
2. That an order is issued by his superior for
execution;
3. That he has for any reason suspended the
execution of such order;
4. That his superior disapproves the suspension of
the execution of the order;
5. That the offender disobeys his superior despite
the disapproval of the suspension
 This article does NOT apply if the order of the
superior is illegal.
ARTICLE 233
REFUSAL OF ASSISTANCE
Elements:
1. That the offender is a public officer.
2. That a competent authority demands from the
offender that he lend his cooperation towards the
administration of justice or other public service.
3. That the offender fails to do so maliciously.
 There must be damage to the public interest or to
a third party.
 If the offender is a private individual, he may be
held liable for contempt.
ARTICLE 234
REFUSAL TO DISCHARGE ELECTIVE OFFICE
Elements:
1. That the offender is elected by a popular election
to a public office;
2. That he refuses to be sworn in or to discharge
the duties of said office; and
3. That there is no legal motive for such refusal to
be sworn in or to discharge the duties of said
office.
 If the elected officer is underage or disqualified,
his refusal to be sworn in or to discharge the
duties of the office is justified.
 Reason for punishment: discharge of duties
becomes a matter of duty and not a right.
ARTICLE 235
MALTREATMENT OF PRISONERS
Elements:
1. That the offender is a public officer or employee;
2. That he has under his charge a prisoner or
detention prisoner;
3. That he maltreats such prisoner in either of the
following manners:
a. By overdoing himself in the correction of
handling of a prisoner or detention prisoner
under his charge either:
i. by the imposition of punishments not
authorized by the regulations, or
ii. by inflicting such punishments (those
authorized) in a cruel and humiliating
manner; or
b. By maltreating such prisoner to extort a
confession or to obtain some information
from the prisoner.
 The offended party is either a convict by final
judgment or a detention prisoner.
 The offender cannot be a private individual even
if custody was entrusted to him.
 The public officer or employee must have actual
charge of the prisoner.
 Offender may also be held liable for physical
injuries or damage caused. There is no complex
crime of maltreatment of prisoners with serious or
less serious physical injuries as defined in Art.
48.
 the punishment of
SECTION TWO: ANTICIPATION, PROLONGATION violations of the law
AND ABANDONMENT OF THE DUTIES AND The public officer The public officer does
POWERS OF PUBLIC OFFICE abandons his office to not abandon his office but
evade the discharge of he fails to prosecute an
his duty. offense by dereliction of
ARTICLE 236 duty or by malicious
ANTICIPATION OF DUTIES OF A PUBLIC OFFICE tolerance of the
commission of offenses.
Elements:
1. That the offender is entitled to hold a public office
or employment, either by election or appointment; SECTION THREE: USURPATION OF POWERS AND
2. That the law requires that he should first be UNLAWFUL APPOINTMENT
sworn in and/or should first give a bond;
3. That he assumes the performance of the duties
and powers of such office. Article 239
4. That he has not taken his oath of office and/r USURPATION OF LEGISLATIVE POWER
given the bond required by law.
Elements:
1. That the offender is an executive or judicial
officer,
ARTICLE 237 2. That he:
PROLONGING PERFORMANCE OF a. makes general rules or regulations beyond
DUTIES AND POWERS the scope of his authority or
b. attempts to repeal a law or
Elements: c. suspends the execution thereof.
1. That the offender is holding a public office;
2. That the period provided by law, regulations or
special provisions for holding such office, has ARTICLE 240
already expired; USURPATION OF EXECUTIVE FUNCTIONS
3. That he continues to exercise the duties and
powers of such office. Elements:
1. That the offender is a judge;
2. That no”
ARTICLE 238 a. Assumes a power pertaining to the executive
ABANDONMENT OF OFFICE authorities; or
b. Obstructs the executive authorities in the
Elements: lawful exercise of their powers.
1. That the offender is a public officer;
2. That he formally resigns from his position;
 There must be written or formal resignation ARTICLE 241
3. That his resignation has not yet been accepted; USURPATION OF JUDICIAL FUNCTIONS
4. That he abandons his office to the detriment of
the public service. Elements:
1. That the offender is an officer of the executive
Qualifying circumstance – when the abandonment branch of the Government;
of the office has for its purpose to evade the 2. That he:
discharge o the duties of preventing, prosecuting or a. Assumes judicial powers; or
punishing any of the crimes falling within Title 1 and b. Obstructs the execution of any order or
Chapter 1 Title 3 of Book 2 of this Code decision rendered by any judge within his
jurisdiction.
NEGLIGENCE AND
TOLERANCE IN
ABANDONMENT OF
PROSECUTION OF ARTICLE 242
OFFICE (ARTICLE 238)
OFFENSES (ARTICLE DISOBEYING REQUEST FOR
208) DISQUALIFICATION
Committed by any public Committed only be public
officer officers who have th duty Elements:
to institute prosecution for 1. That the offender is a public officer;
2. That a proceeding is pending before such public
officer;
3. That there is a question brought before the
proper authority regarding his jurisdiction, which
is not yet decided.
4. That he has been lawfully required to refrain from
continuing the proceeding;
5. That he continues the proceeding.
ARTICLE 248
ORDERS OR REQUESTS BY EXECUTIVE
OFFICERS TO ANY JUDICIAL AUTHORITY
Elements:
1. That the offender is an executive officer;
2. That he addresses any order or suggestion to
any judicial authority;
3. That the order or suggestion relates to any case
or business coming within the exclusive
jurisdiction of the courts of justice.
ARTICLE 244
UNLAWFUL APPOINTMENTS
Elements:
1. That the offender is a public officer;
2. That he nominates or appoints a person to a
public office;
3. That such person lacks the legal qualifications
therefor;
4. That the offender knows that his nominee or
appointee lacks the qualification at the time he
made the nomination or appointment.
SECTION FOUR: ABUSES AGAINST CHASTITY
ARTICLE 245
ABUSES AGAINST CHASTITY – PENALTIES
Elements:
1. That the offender is a public officer;
2. That he solicits or makes immoral or indecent
advances to a woman;
3. That such woman must be –
a. interested in matters pending before the
offender for decision, or with respect to
which he is required to submit a report to or
consult with a superior officer; or
b. under the custody of the offender who is a
warden or other public officer directly
charged with the care and custody of
prisoners or persons under arrest; or
c. the wife, daughter, sister or relative within
the same degree by affinity of the person in
the custody of the offender.
 The mother of the person in the custody of the
offender is NOT included.
Ways of committing abuses against chastity:
1. By soliciting or making immoral or indecent
advances to a woman interested in the matters
pending before the offending officer for decision,
or with respect to which he is required t submit a
report to or consult with a superior officer.
2. By soliciting or making immoral or indecent
advances to a woman under the offender’s
custody.
3. By soliciting or making immoral or indecent
advances to the wife, daughter, sister or relative
within the same degree by affinity of any person
in the custody of the offending warden or officer.
 Solicit means to propose earnestly and
persistently something unchaste and immoral to
a woman.
 This crime is consummated by mere proposal. If
the offender succeeds in committing a crime
against chastity, the solicitation and advances are
considered merely as preparatory acts.
 Proof of solicitation is NOT necessary when there
is sexual intercourse.
Note: See also RA 7877, the “Anti-Sexual
Harassment Act of 1995” which applies where the
accused demands, requests or otherwise requires
any sexual favors from the victim in a work, education
or training-related environment.
TITLE EIGHT:
CRIMES AGAINST PERSONS
SECTION ONE: PARRICIDE, MURDER, HOMICIDE
ARTICLE 246
PARRICIDE
Elements:
1. That the person is killed;
2. That the deceased is killed by the accuses; and
3. That the deceased is the father, mother, or child,
whether legitimate or illegitimate, or a legitimate
other ascendant or other descendant, or the
legitimate spouse of the accused.
Cases of parricide when the penalty shall NOT be
reclusion perpetua to death:
1. Parricide through negligence (Art. 365).
2. Parricide by mistake (Art. 249).
3. Parricide under exceptional circumstances (Art.
247).
 Relationship of the offender with the victim is the
essential element of the crime. Hence:
  If a person wanted to kill a stranger but by
mistake killed his own father he will be held
liable for parricide BUT Art. 49 will apply as
regards the proper penalty to be imposed
that is, the penalty to the lesser offense in its
maximum period.
 A stranger who cooperates and takes part in
the commission of the crime of parricide is
not guilty of parricide but only of homicide or
murder, as the case may be. The key
element in parricide is the relationship of the
offender with the victim. (People vs. Dalag,
G.R. No. 129895, April 30, 2003)
 The law does not require knowledge of
relationship, thus, a person who killed another
not knowing that the latter was his son will still be
held guilty of parricide.
 The fact that the wife was not shot in a vital part
of her body does not negate intent to kill on the
part of husband. The extent of the injuries
sustained by the wife manifests the intention to
extinguish her life. (People vs. Nepomuceno,
G.R. No. 127818, November 11, 1998)
 Under Art. 246 of the RPC, in case of other
ascendants like grandparents, great-
grandparents, etc., the relationship with the killer
must be legitimate. The same is true with other
descendants like grandchildren, great
grandchildren, etc.
ARTICLE 247
DEATH OR PHYSICAL INJURIES INFLICTED
UNDER EXCEPTIONAL CIRCUMSTANCES
Elements:
1. That a legally married person or a parent
surprises his spouse or his daughter, the latter
under 18 years of age and living with him, in the
act of committing sexual intercourse with another
person;
2. That he or she kills any or both of them, or
inflicts upon any or both of them any serious
physical injury, in the act or immediately
thereafter; and
3. That he has not promoted or facilitated the
prostitution of his wife of daughter, or that he or
she has not consented to the infidelity of others.
 This article does NOT define and penalize a
felony. It provides for the imposition of the penalty
of destierro rather than the ordinary penalty for
parricide.
 The requisites of Art. 247 must be established by
the evidence of the defense since the
prosecution will have to charge the defendant
with parricide and/or homicide, in case death
results, or of serious physical injuries in other
cases.
 For Art. 247 to apply, the offender must prove
that he actually surprised his wife and (her
paramour) in flagrante delicto, and that he killed
the man during or immediately thereafter.
Evidence of the victim’s promiscuity, is
inconsequential to the killing. (People vs.
Puedan, G.R. No. 139576, September 2, 2002)
 Sexual intercourse does NOT include preparatory
acts.
 The discovery, the escape, the pursuit and the
killing must all form part of one continuous act.
(U.S. vs. Vargas, et al., 2 Phil 194).
 The accused must be a legally married person.
 The parent need NOT be legitimate.
 Applicable only when daughter is single.
 The wife is entitled to the benefits of Art. 247
(People vs. Corazon, 59 Phil 568).
 No liability for physical injuries suffered by third
persons during the commission of the act under
this article
Jurisdiction for Art. 247:
The law considers the spouse or parent as acting in a
justifiable burst of passion.
ARTICLE 248
MURDER
Murder – unlawful killing of any person which is not
parricide or infanticide, provided that any of the
following circumstances is present:
1. With treachery, taking advantage of superior
strength, with the aid or armed men, or employs
means to weaken the defense, or of, means or
persons to insure or afford impunity;
2. In consideration of a price, reward or promise;
3. By means of inundation, fire, poison, shipwreck,
stranding of a vessel, derailment or assault upon
a railroad, fall of an airship, by means of motor
vehicles, or with the use of any other means
involving great waste and ruin;
4. On occasion of any calamities enumerated in the
preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone,
epidemic, or any other public calamity;
5. With evident premeditation; or
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse. (As
amended by RA. No. 7659)
Elements:
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended by any of the
qualifying circumstances mentioned in Art. 248;
and
4. That the killing is not parricide of infanticide.

Rules for the application of the circumstances
which qualify the killing to murder.
1. That murder will exist with only one of the
circumstances described in Art. 248.
2. That when the other circumstances are absorbed
or included in one qualifying circumstance, they
cannot be considered are generic aggravating.
3. That any of the qualifying circumstances
enumerated in Art. 248 must be alleged in the
information.
 Dismemberment of a dead body is one manner of
outraging or scoffing at the corpse of the victim,
and qualifies the killing to murder (People vs.
Guillermo, G.R. No. 147786. January 20, 2004)
 Outraging (Physical act) – means to commit an
extremely vicious or deeply insulting act.
 Scoffing (verbal act) – means to jeer, and
implies a showing of irreverence.
 If homicide or murder is committed with the use
of an unlicensed firearm, such use of an
unlicensed firearm shall be considered
aggravating circumstance. (R.A No. 8294, Sec.
1)
ARTICLE 249
HOMICIDE
Homicide – The unlawful killing of any person, which
is neither parricide, murder nor infanticide.
 Intent to kill is conclusively presumed when death
results; evidence of intent to kill is important only
in attempted or frustrated homicide.
 Intent to kill is usually shown by the kind of
weapon used and part of the body wounded.
Elements:
1. That a person was killed;
2. That the accused killed him without any justifying
circumstance;
3. That the accused had the intention to kill, which
is presumed; and
4. That the killing was not attended by any of the
qualifying circumstances of murder, or by that of
parricide or infanticide.
Use of Unlicensed Firearm is an Aggravating
Circumstance in Homicide
Where murder or homicide results from the use of an
unlicensed firearm, the crime is no longer qualified
illegal possession, but murder or homicide, as the
case may be. In such a case, the use of the
unlicensed firearm is not considered as a separate
crime but shall be appreciated as a mere aggravating
circumstance. In view of the amendments introduced
by RA 8294 to PD 1866, separate prosecutions for
homicide and illegal possession are no longer in
order. Instead, illegal possession of firearms is merely
to be taken as an aggravating circumstance in the
homicide case. (People vs. Avecilla, G.R. No. 117033,
Feb. 15, 2001)
Accidental Homicide – is the death of a person
brought about by a lawful act performed with proper
care and skill and without homicidal intent. E.g. death
in boxing bout. There is NO FELONY committed in
this case.
In all crimes against persons in which the death of the
victim is an element of an offense, there must be
satisfactory evidence of (1) the fact of death and (2)
the identity of the victim.
When there is no way of determining how the attack
was committed, treachery cannot be considered and
the accused is guilty of homicide only. (People vs.
Dela Cruz, G.R. No. 152176, October 1, 2003)
ARTICLE 250
PENALTY FOR FRUSTRATED PARRICIDE,
MURDER OR HOMICIDE
 Courts may impose a penalty two degrees lower
for frustrated parricide, murder or homicide.
 Courts may impose a penalty three degrees
lower for attempted parricide, murder or
homicide.
ARTICLE 251
DEATH CAUSED IN A TUMULTUOUS AFFRAY
Elements:
1. That there be several persons;
2. That they did not compose groups organized for
the common purpose of assaulting and attacking
each other reciprocally; (otherwise, they may be
held liable as co-conspirators)
3. That these several persons quarreled and
assaulted one another in a confused and
tumultuous manner;
4. That someone was killed in the course of the
affray;
5. That it cannot be ascertained who actually killed
the deceased; and
6. That the person of persons who inflicted serious
physical injuries or who used violence can be
identified.
Persons liable:
1. The person or persons who inflicted the serious
physical injuries are liable.
2. If it is not known who inflicted the serious
physical injuries on the deceased, ALL the
 persons who used violence upon the person of
the victim are liable, but with lesser liability.
Tumultuous affray – a melee or free-for-all, where
several persons not comprising definite or identifiable
groups attack one another in a confused and
disorganized manner resulting in the death or injury of
one or some of them.
 When the quarrel is between a distinct group of
individuals, one of whom was sufficiently
identified as the principal author of the killing, as
against a common, particular victim, it is not a
“tumultuous affray” within the meaning of Art. 251
of the RPC. (People vs. Unlagada, GR No.
141080, September 17, 2002) In such a case, the
rime committed is homicide under Art. 249.
 The victim may be a participant or non participant
thereof.
ARTICLE 252
PHYSICAL INJURIES INFLICTED IN A
TUMULTUOUS AFFRAY
Elements:
1. That there is a tumultuous affray as referred to in
Art. 251;
2. That a participant or some participants thereof
suffer serious physical injuries or physical injuries
of a loss serious nature only;
3. That the person responsible therefore cannot be
identified; and
4. That all those who appear to have used violence
upon the person of the offended party are known.
 Injured/victim must be a participant in the affray
 Only those who used violence are punished,
because if the one who caused the physical
injuries is known, he will be liable for the physical
injuries actually committed, and not under this
article.
ARTICLE 253
GIVING ASSISTANCE TO SUICIDE
Punishable acts:
1. By assisting another to commit suicide, whether
the suicide is consummated or not;
2. By lending his assistance to another to commit
suicide to the extent of doing the killing himself.
 A person who attempts to commit suicide is not
criminally liable even if an innocent third person
or property is hurt or damaged.
 The penalty for giving assistance to suicide if the
offender is the father, mother, child or spouse of
the one committing suicide is the same since the
law does not distinguish.
Euthanasia or “Mercy-Killing” – is a practice of
painlessly putting to death a person suffering from
some incurable disease.
 A doctor who resorted to euthanasia may be held
liable for murder under Art. 248 since euthanasia
is not giving assistance to suicide.
 In euthanasia, the person killed does not want to
die.
ARTICLE 254
DISCHARGE OF FIREARMS
Elements:
1. That the offender discharges a firearm against or
at another person; and
2. That the offender has no intention to kill that
person.
 It is not applicable to police officers in the
performance of their duties.
 The PURPOSE of the offender is only to
intimidate or frighten the offended party.
 If in the discharge of firearm, the offended party
is hit and wounded there is a complex crime of
discharge of firearm with serious or less serious
physical injuries; BUT if only slight physical
injuries were inflicted, there is no complex crime
since such physical injuries constitutes a light
felony.
 The crime is discharge of firearm even if the gun
was not pointed at the offended party when it was
fired, as long as it was initially aimed by the
accused at or against the offended party.
 If the firearm was not aimed against or at another
person, the crime committed is alarms and
scandals.
SECTION TWO: INFANTICIDE AND ABORTION
ARTICLE 255
INFANTICIDE
Infanticide – is the killing of any child less than three
days of age, whether the killer is the parent or
grandparent, any other relative of the child, or a
stranger.
Elements:
1. That a child was killed;
2. That the deceased child was less than three days
(72 hours) of age; and
3. That the accused killed the said child.
 No crime of infanticide is committed if the child
has been dead or if, although born alive, it could
not sustain an independent life when it was killed.
 Father or mother or other legitimate ascendant
who kills a child less than three days old – to
suffer penalty for parricide.
 Other person who kills or who cooperates with
the mother or maternal grandparents in killing a
child less than three days old will suffer the
penalty for murder.
 Only the mother and the maternal grandparents
of the child are entitled to the mitigating
circumstance of concealing the dishonor.
 The delinquent mother who claims concealing
dishonor must be of good character.
ARTICLE 256
INTENTIONAL ABORTION
Intentional Abortion – willful killing of the foetus in
the uterus or the violent expulsion of the foetus from
the maternal womb which results in the death of the
foetus.
Ways of Committing Intentional Abortion
1. By using any violence upon the person of the
pregnant woman.
2. By acting, without using violence and without the
consent of the woman (by administering drugs or
beverages upon such pregnant woman without
her consent); and
3. By acting, with the consent of the pregnant
woman (by administering drugs or beverages).
Elements:
1. That there is a pregnant woman;
2. That violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts
upon such pregnant woman;
3. That as a result of the use of violence or drugs or
beverages upon her, or any other act of the
accused, the foetus dies, either in the womb or
after having been expelled therefrom; and
4. That the abortion is intended.
Person liable in Intentional Abortion:
1. The person who intentionally caused the abortion
under Art. 256;
2. The pregnant woman if she consented under Art.
258.
 As long as the foetus dies as a result of the
violence used or the drugs administered, the
crime of abortion exists, even if the foetus is oer
or less than 6 months, or is full term.
 If the foetus could sustain an independent life
(the foetus must have an intrauterine life of not
less than 7 months) after its separation from the
maternal womb, and it is killed, the crime if
infanticide, not abortion.
 Foetus must die in consummated abortion. If it is
intentional abortion and the foetus does not die, it
is frustrated intentional abortion when all the acts
of execution have been performed by the
offender.
 If the abortion is not intended and the foetus does
not die, it spite of the violence intentionally
exerted, the crime may only be physical injuries.
There is no crime of frustrated unintentional
abortion, in view of the lack of intention to cause
an abortion.
 If there is no intention to cause abortion and no
violence, there is no abortion of any kind.
ARTICLE 257
UNINTENTIONAL ABORTION
Elements:
1. That there is a pregnant woman;
2. That violence is used upon such pregnant
woman without intending an abortion;
3. That the violence is intentionally exerted; and
4. That as a result of the violence, the foetus dies,
either in the womb or after having expelled
therefrom.
 Violence refers to actual physical force.
 The offender must have known of the woman’s
pregnancy (People v. Carnaso, C.A. 61 OG 3623)
However, in US v. Jeffrey that knowledge of such
pregnancy was not necessary.
 If grave threats were made to cause abortion, a
complex crime of grave threats and intentional
abortion is committed. If light threats were made,
two separate crimes or light threats and
intentional abortion are committed.
ARTICLE 258
ABORTION PRACTICED BY THE WOMAN
HERSELF OR HER PARENTS
Elements:
1. That there is a pregnant woman who has
suffered an abortion;
2. That the abortion is intended; and
3. That the abortion is caused by –
a. the pregnant woman herself;
b. any other person with her consent; or
c. any of her parents with her consent, for the
purpose of concealing her dishonor.
 Under a and c above, the woman is liable under
Art. 258; while the third person under b is liable
under Art. 256.
 If the purpose is other than to conceal the
woman’s dishonor, abortion by any of her parents
falls under Art. 256.
 Liability of the pregnant woman is mitigated if her
(not including the maternal grandparents’)
purpose is to conceal her dishonor.
ARTICLE 259
ABORTION PRACTICED BY A PHYSICIAN OR
MIDWIFE IN DISPENSING OF ABORTIVES
Elements:
1. That there is a pregnant woman who has
suffered an abortion;
2. That the abortion is intended;
3. That the offender, who must be a physician or
midwife, causes, or assists in causing the
abortion; and
4. That said physician or midwife takes advantage
of his or her scientific knowledge or skill.
 If abortion was not intended or was a result of a
mistake, no crime is committed.
 If the woman is not really pregnant, an impossible
crime is committed.
As to PHARMACISTS, the ELEMENTS are:
1. That the offender is a pharmacist;
2. That there is no proper prescription from a
physician; and
3. That the offender dispenses any abortive.
 As to pharmacists, crime is consummated by
dispensing abortive without proper prescription
from a physician. It is not necessary that the
abortive was actually used.
 It is immaterial that the pharmacist knows that the
abortive would be used for abortion. Otherwise,
he shall be liable as an accomplice should
abortion result from the use thereof.
SECTION THREE: DUEL
ARTICLE 260
RESPONSIBILITY OF PARTICIPANTS IN A DUEL
Punishable acts:
1. By killing one’s adversary in a duel;
2. By inflicting upon such adversary physical
injuries; and
3. By making a combat although no physical injuries
have been inflicted.
Persons liable:
1. The person who killed or inflicted physical injuries
upon his adversary or both combatants in any
other case, as principals.
2. The seconds, as accomplices.
Duel – a formal or regular combat previously
concerted between two parties in the presence of two
or more seconds of lawful age on each side, who
make the selection of arms and fix all other conditions
of the fight.
Seconds – the persons who make the selection of
the arms and fix the other conditions of the fight
 Self defense cannot be invoked if there was a
pre-concerted agreement to fight, but if the attack
was made by the accused against his opponent
before the appointed place and time, there is an
unlawful aggression, hence self-defense can be
claimed.
ARTICLE 261
CHALLENGING TO A DUEL
Punishable acts:
1. By challenging another to a duel;
2. By inciting another to give or accept a challenge
to a duel; and
3. By scoffing or decrying another publicly for
having refused to accept a challenge to fight a
duel.
Persons liable:
1. Challenger
2. Instigators
CHAPTER TWO: PHYSICAL INJURIES
(ARTS. 252-265)
ARTICLE 262
MUTILATION
Two kinds:
1. By intentionally mutilating another by depriving
him either totally or partially, of some essential
organ for reproduction (castration).
Elements of the first kind:
a. That there be castration that is, mutilation of
organs necessary for generation such as
penis or ovarium; and
b. That the mutilator is caused purposely and
deliberately, that is, to deprive the offended
party or some essential organ for
reproduction.
2. By intentionally making other mutilation, that is,
by lopping or clipping off any part of the body of
the offended party, other that the essential organ
 for reproduction, to deprive him of that part of the
body (mayhem).
 The law looks NOT only to the result but also to
the intention or purpose of the act.
 As to the second kind, the offender must have
the deliberate intention to deprive the offended
party of a part of his body otherwise, the case will
be considered physical injuries falling under Art.
263, par.1 or par. 2, as the case may be
 Cruelty, as understood in Art. 14 (21), is inherent
in mutilation and, in fact, that is the only felony
where the said circumstance is an integral part
and is absorbed therein. If the victim dies, the
crime is murder qualified by cruelty, but the
offender may still claim and prove that he had no
intention to commit so grave a wrong.
ARTICLE 263
SERIOUS PHYSICAL INJURIES
How committed:
1. by wounding;
2. by beating;
3. by assaulting; or
4. by administering injurious substance.
Serious physical injuries
1. When the injured person becomes insane,
imbecile, impotent or blind in consequence of the
physical injuries inflicted;
2. When the injured person –
a. loses the use of speech or the power to hear
or to smell, or loses an eye, a hand, a foot,
an arm, or leg;
b. loses the use of any such member; or
c. becomes incapacitated for the work in which
he was therefore habitually engaged, in
consequence of the physical injuries
inflicted;
3. When the person injured-
a. Becomes deformed, or
b. Loses any other member of his body, or
c. Loses the use thereof, or
d. Becomes ill or incapacitated for the
performance of the work in which he was
habitually engaged for more than 90 days, in
consequence of the physical injuries
inflicted.
4. When the injured person becomes ill or
incapacitated for labor for more than 30 days (but
must not be more than 90 days), as a result of
the physical injuries inflicted.
 If a robbery is committed and the injured person
suffers that enumerated under number 3 and 4,
the crime/s committed is/are:
 Special complex crime or robbery with
serious physical injuries – if the injured
person is not responsible for the robbery.
 Separate crimes of robbery and serious
physical injuries – if the injured person is a
robber.
 There must be NO INTENT TO KILL; otherwise,
the crime would be attempted or frustrated
homicide, parricide or murder, as the case
maybe.
 Where the category of the offense of serious
physical injuries depends on the period of illness
or incapacity for labor, there must be evidence of
that length of that period; otherwise, the offense
shall only be slight physical injuries.
 Serious physical injuries may be committed by
reckless imprudence or by simple imprudence or
negligence under Art. 365 in relation to Art. 263.
 Impotence means inability to copulate.
ATTEMPTED OR
PHYSICAL INJURIES FRUSTRATED
HOMICIDE
The offender inflicts Attempted homicide may
physical injuries. be committed, even if no
physical injuries are
inflicted.
Offender has no intent to The offender has an
kill the offended party. intent to kill the offended
party.
 Deformity – means physical ugliness, permanent
and definite abnormality. It must be conspicuous
and visible.
Requisites of deformity:
1. Physical ugliness;
2. Permanent and definite abnormality; and
3. Must be conspicuous and visible.
 Medical attendance is not important in serious
physical injuries
Qualifying Circumstances:
1. Offense committed against persons enumerated
in the crime of parricide/
2. With the attendance of circumstance which
qualify the crime of murder.
 The “qualified penalties are NOT applicable to
parents who inflict serious physical injuries upon
their children by excessive chastisement.
Distinguished From Mutilation:
The mutilation must have been caused purposely and
deliberately to lop or clip off some part of the body so
as to deprive the offended party of such part f the
body, this special intention is not present in the other
kinds of physical injuries.
ARTICLE 264
ADMINISTERING INJURIOUS SUBSTANCE OR
BEVERAGES
Elements:
1. That the offender inflicted upon another any
serious physical injury;
2. That it was done by knowingly administering to
him any injurious substances or beverages or by
taking advantage of his weakness of mind or
credulity; and
3. That he had no intent to kill.
 It is frustrated murder if there was intent to kill.
 Administering injurious substance means
introducing into the body the substance.
 It does not apply when the physical injuries that
result are less serious or light, they will be treated
under Art. 265 or 266, as the case may be.
ARTICLE 265
LESS SERIOUS PHYSICAL INJURIES
Elements:
1. The offended party is incapacitated for labor for
10 days or more but not more than 30 days, or
needs attendance for the same period; and
2. The physical injuries must not be those described
in the preceding articles.
Qualified Less Serious Physical Injuries:
1. A fine not exceeding P500, in addition to arresto
mayor, shall be imposed for less serious physical
injuries when:
a. There is manifest intent to insult or offend the
injured person; or
b. There are circumstances adding ignominy to
the offense.
2. A higher penalty is imposed when the victim is
either;
a. The offender’s parent, ascendant, guardian,
curator or teacher; or
b. Persons or rank or persons in authority,
provided the crime is not direct assault.
The law includes 2 subdivisions, to wit:
1. The inability for work; and
2. The necessity for medical attendance
 Therefore, although the wound required medical
attendance for only 2 days, yet, if the injured
party was prevented from attending to his
ordinary labor for a period of 29 days, the
physical injuries sustained are denominated as
less serious.
 In the absence of proof as to the period of the
offended party’s incapacity for labor or of required
medical attendance, offense committed is only
slight physical injuries.
ARTICLE 266
SLIGHT PHYSICAL INJURIES AND
MALTREATMENT
Kinds:
1. Physical injuries which incapacitated the
offended party from one to nine days, or required
medical attendance during the same period;
2. Physical injuries which did not prevent the
offended party from engaging in his habitual work
or which did not require medical attendance; and
3. Ill-treatment of another by deed without causing
any injury.
 When there is no evidence of actual injury, it is
only slight physical injuries.
 Supervening event converting the crime into
serious physical injuries after the filing of the
information for slight physical injuries can still be
the subject of a new charge
If physical injuries were inflicted with an intent to insult
or humiliate the injured person, the intent to insult or
humiliate shall be:
 Considered as an aggravating circumstance of
ignominy in case of serious physical injuries.
 Considered in increasing the penalty and
qualifying the crime in case of less serious
physical injuries.
 Separate crime of slander by deed in case of
slight physical injuries.
ANTI-HAZING LAW
(R.A No. 8049)
Hazing – is an initiation rite or practice as a
prerequisite for admission into membership in a
fraternity, sorority or organization by placing the
recruit, neophyte or applicant in some embarrassing
or humiliating situations such as forcing him to do
menial, silly, foolish, and similar activities otherwise
subjecting him to physical or psychological suffering
or injury.
Persons liable:
1. Officers and members of the fraternity sorority or
organization who actually participated in the
infliction of physical harm shall be liable as
principals – if the person subjected to hazing
 suffers any physical injury or dies as a result
thereof.
2. Owner of the place where the hazing is
conducted shall be liable as an accomplice –
when he has actual knowledge of the hazing
conducted therein but failed to take any action to
prevent the same from occurring.
3. Parents shall be liable as principals – when they
have actual knowledge of the hazing conducted
in the home of one of the officers or members of
the fraternity, sorority or organization, but failed to
prevent the same.
4. School authorities and faculty members shall be
liable as accomplices – when they consent to the
hazing or have actual knowledge thereof, but
failed to take any action to prevent the same from
occurring.
5. Officers, former officers or alumni of the
organization, group, fraternity or sorority shall be
liable as principals – if they actually planned the
hazing, although not present when the acts
constituting the hazing were committed.
6. Officers or members of the organization, group,
fraternity or sorority shall be liable as principals –
if they knowingly cooperated in carrying out the
hazing by inducing the victim to be present
thereat.
7. The fraternity or sorority’s adviser shall be liable
as principal – if he was present when the acts
constituting the hazing were committed and failed
to take any action to prevent the same.
 The presence of “any person” (i.e. whether or not
member of the fraternity/sorority) during the
hazing is prima facie evidence of participation
therein as a principal UNLESS he prevented the
commission of the prohibited acts.
 The mitigating circumstance that there was no
intention to commit so grave a wrong shall NOT
APPLY. (Sec. 4, par. E, R.A. No. 8049)
CHAPTER THREE: RAPE
(ARTS. 266-A - 266-B)
ARTICLE 266-A
THE ANTI-RAPE LAW (RA 8353)
Classification of Rape
1. Traditional Rape under Art. 335.
2. Sexual Assault under R.A. 8353
How rape is committed:
1. By man who shall have carnal knowledge of a
woman under any of the following circumstances:
a. Through force, threat or intimidation;
b. When the offended party is deprived of
reason or otherwise unconscious;
c. By means of fraudulent machinations or
grave abuse of authority;
d. When the offended party is under twelve (12)
years of age or is demented, even though
none of the circumstances mentioned above
be present.
Elements:
a. That the offender is a man;
b. That the offender had carnal knowledge of a
woman;
c. That such act is accomplished under any of
the following circumstances:
i. By using force or intimidation, or
ii. When the woman is deprived of reason
or otherwise unconscious, or
iii. By means of fraudulent machination or
grave abuse of authority, or
iv. When the woman is under 12 years of
age or demented.
Note: the offender must not have known that the
victim is demented, otherwise qualified rape is
committed.
2. By any person who under any of the
circumstances mentioned in paragraph 1 hereof,
shall commit an act of sexual assault by inserting
his penis into another person’s mouth or anal
orifice or another person, or any instrument or
object into the genital or anal orifice of another
person.
Elements:
a. That the offender commits an act of sexual
assault;
b. That the act of sexual assault is committed
by any of the following means:
i. By inserting his penis into another
person’s mouth or anal orifice;
ii. By inserting any instrument or object
into the genital or anal orifice of another
person.
c. That the act of sexual assault is
accomplished under any of the
circumstances enumerated under the first
act of committing rape.
 Under R.A 8353, the crime of rape can now be
committed by a male or a female.
 To be consummated, it is not essential that there
be a complete penetration of the female organ,
neither is it essential that there be a rupture of
the hymen.
 There is NO crime of frustrated rape. The
slightest penetration or mere touching of the
genital consummates the crime of rape.
 In Statutory Rape, the offender’s knowledge
of the victim’s age is IMMATERIAL.
  Force employed against the victim of rape
need not be of such character as could not
be resisted. It is enough that the force used
is sufficient to consummate the culprit’s
purpose of copulating with the victim.
 When the girl is under 12 years of age, rape is
committed although she consented to the sexual
act or even if the girl is a prostitute. The law does
not consider that kind of consent as voluntary, as
the offended party under 12 years of age cannot
have a will of her own.
 If the offended woman is below 12 years of age,
it is always rape. Her mental, and not only the
chronological age is considered. Thus, it is still
rape if the woman is 13 years old with a mental
capacity of a 5 year old. Furthermore, the
amendatory law has added the more glaring an
unfortunate situation of a demented girl.
Example: 31 year old mental retardate with the
mental capacity of a 5-year old (People vs.
Manlapaz, G.R. No. L-41819, Feb. 28, 1978).
 Character of woman immaterial in rape. It is no
defense that the woman is of unchaste character,
provided the illicit relations were committed with
force and violence, etc.
 Rape may be committed using the fingers under
the second act, but the ‘instrument or object’
other than the penis must be inserted into the
genital or anal orifice of another person. (Obaña
v. Hon. Soriano, G.R. No. 60353. Aug. 21, 2001)
ARTICLE 266-B
QUALIFIED RAPE
Rape under both acts of committing it is qualified
by the following:
1. When rape is committed with the use of a deadly
weapon or by two or more persons;
2. When by reason or occasion of rape, the victim
has become insane;
3. When the rape is attempted and a homicide is
committed by reason of or on the occasion of
rape (special complex crime);
4. When by reason of or on occasion of rape,
homicide is committed. (special complex crime);
5. When the victim is under 18 years of age and the
offender is a parent, ascendant, step parent,
guardian, relative b consanguinity or affinity
within the third civil degree, or the common law
spouse of the parent of the victim;
 The statement that the victim “is the minor
daughter” of the offender is not enough. It is
essential that the information must state the
exact age of the victim at the time of the
commission of the crime. (People v.
Baniguid, G.R. No. 197714, Sept. 8, 2000).
 The relationship of stepdaughter and
stepfather presupposes a legitimate
relationship between the victim’s mother and
the offender, i.e., they were married after the
marriage of the victim’s mother to her father
was dissolve. (People vs. Melendres, G.R
133999-4001, Aug. 31, 2000).
6. When the victim is under the custody of the
police or military authorities or any law
enforcement or penal institutions;
7. When the rape is committed in full view of the
spouse , parent or any of the children or other
relatives within the third civil degree of
consanguinity.
8. When the victim is a religious engages in
legitimate religious vocation or calling and is
personally known to be such by the offender
before or at the time of the commission of the
crime;
9. When the victim is a child below 7 years old;
10. When the offender know that he is afflicted with
HIV/AIDS or any other sexually transmissible
disease and the virus or disease is transmitted to
the victim;
11. When committed by any member of the AFP or
paramilitary units thereof of the PNP or any law
enforcement agency or penal institution when the
offender took advantage of his position to
facilitate the commission of the crime;
12. When by reason or on the occasion of the rape,
the victim has suffered permanent physical
mutilation or disability;
13. When the offender knew of the pregnancy of the
offended party at the time of the commission of
the crime;
14. When the offender knew of the mental disability,
emotional disorder and/or physical disability of
the offended party at the time of the commission
of the crime.
When the homicide is committed NOT by reason or
on the occasion of rape, there is no special complex
crime of rape with homicide.
ARTICLE 266-C
EFFECT OF PARDON
Effects of pardon:
1. The subsequent valid marriage between the
offender and the offended party shall extinguish
criminal liability;
2. The subsequent forgiveness of the wife to the
legal husband shall extinguish the criminal action
or the penalty, PROVIDED that the crime shall
not be extinguished or the penalty shall not be
abated if the marriage is void ab initio. This is an
exception to the rule that forgiveness by the
offended party shall not extinguish the penal
action in crimes against person.
Since rape is now a crime against persons, marriage
extinguishes that penal action only as to the principal,
i.e. the husband, but not as to the accomplices and
accessories.
The principle does not apply where MULTIPL E RAPE
was committed because while marriage with one
defendant, extinguishes the criminal liability, its
benefits cannot be extended to the acts committed by
the others of which he is a co-principal.
Prior to RA No. 8353, a husband cannot be guilty of
rape committed upon his wife because of the
matrimonial consent which she gave when she
assumed the marriage relation. However, under Art
266-C of RA No. 8353, a husband may be guilty of
rape of his wife when it states: in case it is the legal
husband who is the offender.
ARTICLE 266-D
PRESUMPTIONS
Evidence which may be accepted in the
prosecution of rape:
1. Any physical overt act manifesting resistance
against the act of rape in any degree fro the
offended party; or
2. Where the offended party is so situated as to
render him/her incapable of giving his consent
 Initial penetration consummates the crime
even if there is no resistance afterwards
TITLE NINE: CRIMES AGAINST PERSONAL
LIBERTY AND SECURITY
ARTICLE 267
KIDNAPPING AND SERIOUS ILLEGAL
DETENTION
Elements: (PICK)
1. That the offender is a private individual who is not
any of the parents of the victim nor a female;
(People vs. Ponce G.R. No. 171653 April 24,
2007);
2. That he kidnaps or detains another, or in any
other manner deprives the latter of his liberty;
3. That the act of detention or kidnapping must be
illegal;
4. That in the commission of the offense, any of the
following circumstances is present:
a. That the kidnapping or detention lasts for
more than 3 days; or
b. That it is committed simulating public
authority; or
c. That any serious physical injuries are
inflicted upon the person kidnapped or
detained or threats to kill him are made; or
d. That the person kidnapped or detained is a
minor, female, or a public officer (cited in
People vs. Mercado, No. L-65152, August
30, 1984)
It is NOT necessary that the victim be placed in an
enclosure. It may consist not only in placing a person
in an enclosure but also in detaining him or depriving
him in any manner of his liberty.
 The original Spanish version of Article 267 of the
Revised Penal Code used the term “lock up”
(encarcerar) rather than “kidnap” (sequestrator or
raptor) which includes not only the imprisonment
of a person but also the deprivation of his liberty
in whatever form and for whatever length of
time.” (People v. Baldogo G.R. Nos. 128106-07
January 24, 2003)
 The crime is committed when the offender left the
child in the house of another, where the child had
freedom of locomotion but not the freedom to
leave it at will because of his tender age. (People
v. Acosta, 60 O.G. 6999)
 The detention is illegal when not ordered by
competent authority or not permitted by law.
Qualifying circumstances: Death Penalty is
imposed (KERT)
1. If the purpose is to extort ransom;
2. When the victim is killed or dies a consequence
of the detention;
3. When the victim is raped; or
4. When the victim is subjected to torture or
dehumanizing act
 The essence of the crime of kidnapping is
the actual deprivation of the victim’s liberty
coupled with the intent of the accused to
effect it. (People v. Pavillare G.R. No.
129970, April 5, 2000)
 If the person killed, tortured or rape is not the
same victim of kidnapping or detention, the
crimes may be complexed or be considered
as separate offenses.
 The essential element or act, which makes the
offense kidnapping, is the deprivation of an
offended party’s liberty under any of the four
circumstances enumerated.
 But when the kidnapping or detention was
committed for the purpose of extorting ransom, it
is not necessary that one or any of such
circumstances enumerated in the first par. of Art.
267 be present. Actual demand for ransom is
NOT necessary.
 Where the person kidnapped is killed in the
course of the detention, regardless of whether
the killing was purposely sought or was merely
an afterthought, the kidnapping and murder or
homicide can no longer be complexed under Art.
48 nor be treated as separate crimes but shall be
punished as special complex crime of kidnapping
 with Murder under the last paragraph of Art. 267,
as amended by RA 7659. When the victim is female, the detention is under Art.
 Where there is no showing that the accused 267 voluntary release is not mitigating there.
intended to deprive their victims of their liberty for
some time and for some purpose, and there The same penalty of reclusion temporal shall be
being no appreciable interval between there incurred by anyone who shall furnish the place for the
being taken and their being shot from which perpetration of the crime. His participation is raised to
kidnapping may be inferred, the crimes that of a real co-principal. If the crime is under Article
committed were murder and frustrated murder 267, he is a mere accomplice unless there was
and not the complex crimes of kidnapping with conspiracy.
murder and kidnapping with frustrated murder.
 There is no kidnapping with murder, but only
murder where a 3-year old child was ARTICLE 269
gagged, hidden in a box where it died and UNLAWFUL ARREST
ransom asked. The demand for ransom did
not convert the offense into kidnapping with Elements: (ADU)
murder. The defendant was well aware that 1. That the offender arrests or detains another
the child would be suffocated to death in a person
few moments after she left. The demand for 2. That the purpose of the offender is to deliver him
ransom is only a part of the diabolic scheme to the proper authorities
of the defendant to murder the child, to 3. That the arrest or detention is unauthorized by
conceal his body and then demand money law or there is no reasonable ground therefore.
before the discovery of the cadaver. (People
vs. Lora, G.R. No. 49430. March 30, 1982)  The offender is any person, whether a public
officer or a private individual. However, the public
ARBITRARY officer must not be vested with the authority to
ILLEGAL DETENTION
DETENTION arrest or detain a person or must not act in his
Committed by a private Committed by a public official capacity. Otherwise, Art. 124 is applicable
individual who unlawfully officer or employee who and not Art. 269
kidnaps, detains or detains a person without
otherwise deprives a legal ground
person of liberty. UNLAWFUL ARREST OTHER ILLEGAL
Crime is against personal Crime against the (Art. 269) DETENTION
liberty and security fundamental law of the Purpose of locking up or
State detaining the victim is to
deliver him to the proper Any other case.
authorities, and develops
ARTICLE 268 to be unlawful.
SLIGHT ILLEGAL DETENTION
 No period of detention is fixed by law under Art.
Elements: (PIKO) 269 but the motive of the offender is controlling.
1. That the offender is a private individual;
2. That he kidnaps or detains another, or in any
manner deprives him of his liberty; DELAY IN THE
UNLAWFUL ARREST
3. That the act of kidnapping or detention is illegal DELIVER OF DETAINED
(Art. 269)
4. That the crime is committed without the PERSONS (Art. 125)
attendance of the circumstances enumerated in
Art. 267. Detention is for some Detention is not
legal ground authorized by law
Liability is mitigated when: (VOB)
Committed by failing to Committed by making an
1. Offender voluntarily releases the person so
deliver such person to arrest not authorized by
kidnapped or detained within three days from the
the proper judicial law.
commencement of the detention
authority within a certain
2. Without having attained the purpose intended;
period
and
3. Before the institution of criminal proceedings
against him

1, 2 and 3 must concur SECTION TWO: KIDNAPPING OF MINORS


ARTICLE 270
FAILURE TO RETURN A MINOR
Elements: (EF)
1. That the offender is entrusted with the custody of
a minor person (less than 18 year old),
2. That he deliberately fails to restore the said minor
to his parents or guardian;
 This may also be committed by the mother or
father of the child. When committed by either
parent, penalty is only arresto mayor.
 Kidnapping and failure to return a minor (Art.
270) is necessarily included in Kidnapping and
Serious Illegal Detention of Minor (Par. 4 of Art.
267), but what differentiates them are the ff:
SECTION THREE: SLAVERY AND SERVITUDE
ARTICLE 272
SLAVERY
Elements: (PE)
1. That the offender purchases, sells, kidnaps or
detains a human being;
2. That the purpose of the offender is to enslave
such human being.
Qualifying circumstance: When the purpose of the
offender is to assign the offended party to some
immoral traffic.
 If the victim is female, the crime committed may
be that under Article 341 or white slave trade.
 The purpose must be determined, if the purpose
is to enslave the victim, it is slavery; otherwise, it
is kidnapping or illegal detention.

ART. 267 ART. 270

Offender is not entrusted
with the custody of the
victim
What is punished is the
deliberate failure of the
offender having the
custody of the minor to
restore him to his parents
or guardian
Offender is entrusted with
the custody of the minor
Illegally detaining or
kidnapping the minor.
ARTICLE 273
EXPLOITATION OF CHILD LABOR
Elements: (RAR-AGE)
1. That the offender retains a minor in his service;
2. That it is against the will of the minor;
3. That it is under pretext or reimbursing himself of
a debt incurred by an ascendant, guardian or
person entrusted with the custody of such minor

ARTICLE 274
ARTICLE 271 SERVICES RENDERED UNDER COMPULSION IN
INDUCING A MINOR TO ABANDON HIS HOME PAYMENT
Elements: (EI) Elements: (CAP)
1. That the minor (less than 18 years old) is living in 1. That the offender compels a debtor to work for
the home of his parents or guardian or the person him, either as household servant or farm laborer;
entrusted with his custody; 2. That it is against the debtor’s will;
2. That the offender induces said minor to abandon 3. That the purpose is to require or enforce the
such home. payment of a debt.
 Inducement must be (a) actual, (b) committed
with criminal intent and (c) determined by a will to ART. 273 ART. 274
cause damage
Victim is a minor Does not distinguish
 The crime committed may be exploitation of whether the victim is a
minors depending on the purpose of the minor or not
inducement. Minor is compelled to Debtor himself is the one
 To induce mean to influence; to prevail on; to render services for the compelled to work for the
move by persuasion; to incite by motives. supposed debt of his offender
 Father or mother may commit crimes under Arts. parent or guardian
270 & 271, where they are living separately and Service of minor is not Limited to household and
the custody of the minor children has been given limited to household and farm work
to one of them farm work. If in other capacities,
 It is not necessary that the minor actually crime committed may be
abandons the home. coercion.
 CHAPTER : -----AGAINST SECURITY
(ARTS. 275 – 289)
SECTION ONE: ABANDONMENT OF HELPLESS
PERSONS AND EXPLOITATION OF MINORS
ARTICLE 275
ABANDONMENT OF PERSONS IN DANGER AND
ABANDONMENT OF ONE’S OWN VICTIME
Punishable acts:
1. By failing to render assistance to any person
whom the offender finds in an uninhabited place
wounded or in danger of dying when he can
render such assistance without detriment to
himself, unless such omission shall constitute a
more serious offense.
Elements: (UWOF)
a. The place is uninhabited;
b. The accused found there a person wounded
or in danger of dying;
c. The accused can render assistance without
detriment to himself;
d. The accused fails to render assistance.
2. By failing to help or render assistance to another
whom the offender has accidentally wounded or
injured.
3. By failing to deliver a child under seven years of
age whom the offender has found abandoned, to
the authorities or to his family, or by failing to take
him to a safe place.
 The child under seven years of age must be
found in an unsafe place.
 It is immaterial that the offender did not know that
the child is under seven years.
ARTICLE 276
ABANDONING A MINOR
Elements: (SCAN)
1. That the offender has the custody of a child;
2. That the child is under seven years of age.
3. That he abandons such child.
4. That he ahs no intent to kill the child when the
latter is abandoned.
 If there is intent to kill and the child dies, the
crime would be murder, parricide, or infanticide,
as the case may be. If the child does not die, it is
attempted or frustrated murder, parricide or
infanticide, as the case may be.
 Intent to kill cannot be presumed from the death
of the child. The ruling that intent to kill is
conclusively presumed from the death of the
victim of the crime is applicable only to crimes
against persons, and not to crimes against
security, particularly the crime of abandoning a
minor under Art. 176.
 If the intent in abandoning the child is to lose its
civil status, the crime under Article 347
(Concealment or abandonment of a legitimate
child) is committed.
Circumstances qualifying the offense: (DD)
1. When the death of the minor resulted from such
abandonment; or
2. If the life of the minor was in danger because of
the abandonment
 The act must be conscious and deliberate such
that the abandonment deprives the child of the
care and protection from danger to his person.
ARTICLE 277
ABANDONMENT OF MINOR ENTRUSTED WITH
HIS CUSTODY; INDIFFERENCE OF PARENTS
Punishable acts:
1. By delivering a minor to a public institution or
other persons without the consent of the one who
entrusted such minor to the care of the offender
or, in the absence of that one, without the
consent of the proper authorities.
2. By neglecting his (offender’s) children by not
giving them the education, which their station in
life requires and financial condition permits.
Elements of abandonment of minor:
1. That the offender has charge of the rearing or
education of a minor;
2. That he delivers said minor to a public institution
or other persons;
3. That the one who entrusted such child to the
offender has not consented to such act, or if the
one who entrusted such child to the offender is
absent, the proper authorities have not
consented to it.
Elements of indifference of parents: (PNP)
1. That the offender is a parent;
2. That he neglects his children by not giving them
education;
3. That his station in life requires such education
and his financial condition permits it.
 Failure to give education must be due to
deliberate desire to evade such obligation.
 The “neglect of child” punished under Article 59
(4) of PD 603 is also a crime (known as
“indifference of parents”) penalized under the
 second paragraph of Article 277 of the Revised
Penal Code. (De Guzman v. Perez, et al. G.R.
No. 156013 July 25, 2006) EXPLOITATION OF INDUCING A MINOR TO
MINORS ABANDON HIS HOME
(ART. 278, PAR. 5) (ART. 271)
ABANDONMENT OF
MINOR BY PERSONS ABANDONMENT OF The purpose of inducing No such purpose
ENTRUSTED WITH MINOR (ART. 276) the minor to abandon the
CUSTODY (ART. 277) home is to follow any
person engaged in any of
The custody of the The custody of the
the callings mentioned
offender is specific, that offender is stated in
is, the custody for the general
rearing or education of Victim is under 16 years Victim is a minor (under
the minor. of age 18 years of age)
Minor is under 18 years Minor is under 7 years of
of age age  R.A. 7610 punishes abuse, exploitation and
Minor is delivered to a Minor is abandoned in discrimination of minors
public institution or other such a way as to deprive
person him of the care and
protection that his tender ARTICLE 279
years need ADDITIONAL PENALTIES FOR OTHER OFFENSES

ARTICLE 278  Imposition of the penalties prescribed in the

EXPLOITATION OF MINORS
Prohibited acts:
1. Causing any boy or girl under 16 years of age to
perform any dangerous feat of balancing,
physical strength, or contortion, the offender
being any person.
2. Employing children under 16 years of age who
are not children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker,
diver, or wild animal tamer, the offender being an
acrobat, etc., or circus manager or engaged in a
similar calling.
3. Employing any descendant under 12 years of
age in dangerous exhibitions enumerated in the
next preceding paragraph, the offender being
engaged in any of said callings.
4. Delivering a child under 16 gratuitously to any
person following any calling enumerated in
paragraph two, or to any habitual vagrant or
beggar, the offender being an ascendant,
guardian, teacher or person entrusted in any
capacity with the care to such child.
5. Inducing any child under 16 to abandon the home
of its ascendants, guardians, curators or teachers
to follow any person engaged in any calling
mentioned in paragraph two, or to accompany
any habitual vagrant or beggar, the offender
being any person.
 Must be of such nature as to endanger the life or
safety of the minor.
Qualifying circumstance: Delivery of the child is
made in consideration of any price, compensation or
promise
preceding articles (Art. 275-278) shall not prevent
the imposition upon the same person of the
penalty provided for any other felonies defined
and punished under the Code.
SECTION TWO: TRESPASS TO DWELLING
ARTICLE 280
QUALIFIED TRESPASS TO DWELLING
Elements: (PEA)
1. That the offender is a private person’
2. That he enters the dwelling of another;
3. That such entrance is against the latter’s will.
Rationale: To protect and preserve by law the privacy
of one’s dwelling.
Qualifying circumstance: If committed by means of
violence/intimidation.
 Dwelling place means any building or structure
exclusively devoted for rest and comfort.
 Determining factor of whether a building is a
dwelling depends upon the use to which it is put.
 In general, all members of a household must be
presumed to have authority to extend an
invitation to enter the house.
 To commit trespass, the entrance by the accused
should be against the presume/implied or
express prohibition of the occupant. Lack of
permission does not amount to prohibition.
 There is an implied prohibition when entrance is
made through means not intended for ingress.
 If a person was killed after trespass by the
offender, the following crimes are committed:
  If there was no intent to kill when he entered
QUALIFIED TRESPASS OTHER FORMS OF
– separate crimes of homicide or murder and
TO DWELLING TRESPASS
qualified trespass to dwelling
(ARTICLE 280) (ARTICLE 281)
 If there was intent to kill when he entered –
the crime of homicide/murder with dwelling Offender is a private The offender is any
as an aggravating circumstance. person person
Offender enters a Offender enters closed
Examples of trespass by means of violence: dwelling house premises or fences estate
1. Pushing the door violently and maltreating the Place entered is Place entered is
occupants after entering. inhabited uninhabited
2. Cutting of a ribbon or string with which the door Act constituting the crime It is the entering the
latch of a closed room was fastened. The cutting is entering the dwelling closed premises or the
of the fastenings of the door was an act of against the will of the fenced estate without
violence. owner securing the permission
3. Wounding by means of a bolo, the owner of the of the owner or caretaker
house immediately after entrance thereof
Prohibition to enter is Prohibition to enter must
express or implied be manifest
Examples of trespass by means of intimidation:
1. Firing a revolver in the air by persons attempting Premises – signifies distinct and definite locality. It
to force their way into a house. may mean a room, shop, building or definite area, but
2. The flourishing of a bolo against inmates of the in either case, locality is fixed.
house upon gaining an entrance

 Prohibition is NOT necessary when violence or
intimidation is employed by the offender.
 Violence/Intimidation may be the method by
which one may pass the threshold of the dwelling
of another or the conduct immediately after the
entrance of the offender.
 Trespass may be committed by the owner of a
dwelling (i.e. lessor enters the house leased to
another against the latter’s will)
Cases to which the provision of this article are
NOT applicable.
1. If the entrance to another’s dwelling is made for
the purpose of preventing some serious harm to
himself, the occupants of the dwelling or a third
person.
2. If the purpose is to render some service to
humanity or justice.
3. if the place where entrance is made is a café,
tavern, inn and other public house, while the
same are open.
ARTICLE 281
OTHER FORMS OF TRESPASS
Elements: (CUMN)
1. That the offender enters the closed premises or
the fenced estate of another;
2. That the entrance is made while either of them is
uninhabited;
3. That the prohibition to enter be manifest;
4. That the trespasser has not secured the
permission of the owner or the caretaker thereof.
SECTION THREE: THREATS AND COERCION
ARTICLE 282
GRAVE THREATS
Punishable acts:
1. By threatening another with the infliction upon his
person, honor, or property or that of his family of
any wrong amounting to a crime and demanding
money or imposing any other condition even
though not unlawful, and the offender attained his
purpose.
2. By making such threat without the offender
attaining his purpose. (Elements for this act are
the same with the first except that the purpose is
NOT attained.)
3. By threatening another with the infliction upon his
person, honor or property or that of his family of
any wrong amounting to a crime, the threat NOT
being subject to a condition
Qualifying circumstance: If threat was made in
writing or through a middleman.
Elements of grave threats where the offender
attained his purpose: (TCDA)
1. That the offender threatens another person,
honor or property, or upon that of the latter’s
family, of any wrong;
2. That such wrong amounts to a crime;
3. That there is a demand for money or that any
other condition is imposed, even though not
unlawful;
4. That the offender attains his purpose
Elements of grave threats NOT subject to a
condition: (TCN)
1. That the offender threatens another person with
the infliction upon the latter’s person, honor, or
property, or upon that of the latter’s family, of any
wrong.
2. That such wrong amounts to a crime.
3. That the threat is not subject to a condition.
ARTICLE 284
BOND FOR GOOD BEHAVIOR
When a person is required to give bail bond:
1. When he threatens another under the
circumstances mentioned in Art. 282.
2. When he threatens another under the
circumstances mentioned in Art. 283.

 The third form of grave threats must be serious in

ART. 35 ART. 284
the sense that it is deliberate and that the
offender persists in the idea involved in his Provides for bond to keep Provides for bond for
threats. the peace good behavior
 In the crime of threats, it is essential that there be Not made applicable to Applicable only to cases
intimidation. any particular case of grave threats and light
 The crime or threats is consummated the threats
moment the threat comes to the knowledge of the It is a distinct penalty It is an additional penalty
person threatened.
 If there is another crime actually committed or the If the offender fails to If he shall fail to give bail,
objective of the offender is another crime, and the give the bond, he shall he shall be sentenced to
threat is only a means to commit it or a mere be detained for a period destierro
incident to its commission, the threat is absorbed not exceeding 6 months
by the other crime. (if prosecuted for
 If the threat was made with the deliberate grave/less grave felony)
purpose of creating in the mind of the person or not exceeding 30 days
threatened the belief that the threat would be (if prosecuted for light
carried into effect, the crime committed is grave felony)
threat and the minor crime, which accompanied
it, should be disregarded.
ARTICLE 285
Notes: OTHER LIGHT THREATS
1. Threatening directly or indirectly another with the
infliction of any wrong upon his person, honor or Prohibited acts: (TOO)
property of that of any immediate member or 1. Threatening another with a weapon, or drawing
members of his family or; such weapon in a quarrel, unless it be in lawful
2. Imposing a condition, whether lawful or unlawful. self-defense.
2. Orally threatening another, in the heat of anger,
In order to prevent such person from appearing in the with some harm constituting a crime, without
investigation of, or official proceedings in, criminal persisting in the idea involved in his threat.
cases is punishable under PD 1829 3. Orally threatening to do another any harm not
constituting a felony.

ARTICLE 283  Where the threats are directed to a person who is

LIGHT THREATS absent and uttered in a temporary fit of anger, the
offense is only other light threats.
Elements: (TNDAN)
1. That the offender makes a threat to commit a Art. 285 ART. 282 AND ART 283
wrong;
2. That the wrong does not constitute a crime; No demand for money In certain cases, demand
3. That there is a demand for money or that other for money is material
condition is imposed even though not unlawful; No condition imposed In certain cases, imposed
4. That the offender has attained his purpose or, condition is material
that he has not attained his purpose. Threat is not deliberate Threat is deliberate

 Light threats are committed in the same manner

as grave threat except that the act threatened to ARTICLE 286
be committed should not be a crime. GRAVE COERCION

Two ways of committing grave coercion: (PC)

1. By preventing another by means of violence,
threats or intimidation, from doing something not
prohibited by law.
2. By compelling another, by means of violence,
threats or intimidation, to do something against
his will, whether it be right or wrong.
Elements: (PCVN)
1. That a person prevented another from doing
something not prohibited by law, or by compelling
him to do something against his will, be it right or
wrong;
2. That the prevention or compulsion be effected by
violence, either material force or such display of
force as would produce intimidation and control
the will of the offended party;
3. That the person that restrained the will and liberty
of another has no right to do so, or in other words
that the restraint is not made under authority of
law or in the exercise of any lawful right.
Rationale: To enforce the principle that no person
may take the law into his hands, and that our
government is one of law not of men.
When prision mayor shall be imposes: (VCP)
1. If the coercion is committed in violation of the
exercise of the right of suffrage.
2. If the coercion is committed to compel another to
perform any religious act.
3. If the coercion is committed to prevent another
from performing any religious act.
 In grave coercion, the act of preventing by force
must be made at the time the offended party was
doing or about to do the act prevented. If the act
was already done when the violence was
exerted, the crime is unjust vexation.
 The force or violence must be immediate, actual
or imminent, otherwise it will be grave threats.
 There is no grave coercion when the accused
acted in good faith in the performance of his duty.
 Coercion is always consummated even if the
offended party did not accede to the purpose of
the coercion.
ARTICLE 287
LIGHT COERCION
Elements: (CSVP)
1. That the offender must be a creditor;
2. That he seizes anything belonging to his debtor;
3. That the seizure of the thing be accomplished by
means of violence or a display of material force
producing intimidation;
4. That the purpose of the offender is to apply the
same to the payment of the debt.
Unjust vexation (Art. 287, par. 2)
 Includes any human conduct which although not
productive of some physical or material harm
would, however, unjustly annoy or vex an
innocent person.
 In determining whether the crime of unjust
vexation is committed, the offender’s act must
have caused annoyance, irritation, vexation,
torment, distress or disturbance to the mind of
the person to whom it is directed.
 Light coercion under the 1st par. of Art. 287 will be
unjust vexation if the 3rd element is absent.
ARTICLE 288
OTHER SIMILAR COERCIONS (COMPULSORY
PURCHASE OF MERCHANDISE & PAYMENT OF
WAGES BY MEANS OF TOKENS)
Prohibited acts:
1. Forcing compelling, directly or indirectly, or
knowingly permitting the forcing or compelling of
the laborer or employee of the offender to
purchase merchandise or commodities of any
kind from him.
Elements:
a. That the offender is any person, agent or
officer of any association or corporation.
b. That he or such firm or corporation has
employed laborers or employees
c. That he forces or compels, directly or
indirectly, or knowingly permits to be forced
or compelled, any of his or its laborers or
employees to purchase merchandise or
commodities of any kind from him or from
said firm or corporation.
2. Paying the wages due his laborer or employee by
means of tokens or objects other than the legal
tender currency of the Philippines unless
expressly requested by such laborer or employee
Elements:
a. That the offender pays the wages due a
laborer or employee employed by him by
means of tokens or objects
b. That those tokens or objects are other than
the legal tender currency of the Philippines.
c. That such employee or laborer does not
expressly request that he be paid by means
of tokens or objects.
 Inducing an employee to give up any part of his
wages by force, stealth, intimidation, threat or by
any other means is unlawful under Art. 116 of the
Labor Code, not under the RPC.
 ARTICLE 289 Reveals the secret If there is a secret
FORMATION, MAINTENANCE, & PROHIBITION OF without justifiable reason discovered, it is not
COMIBINATION OF CAPITAL OR LABOR necessary that it be
THROUGH VIOLENCE OR THREATS revealed

Elements: Article 290 NOT applicable to:

1. That the offender employs violence or threats, in
such a degree as to compel or force the laborers
or employers in the free and legal exercise of
their industry or work;
2. That the purpose is to organize, maintain or
prevent coalitions of capital or laborers or lockout
of employers.
1. Parents, guardians, or persons entrusted with the
custody of minors with respect to the papers or
letters of the children or minors placed under
their care or study;
2. Spouses with respect to the papers or letters of
either of them

 The act should not be a more serious offense. ARTICLE 291

 Preventing employee from joining any registered
labor organization is punished under the Labor
Code not under the RPC.
CHAPTER THREE: DISCOVERY AND REVELATION
OF SECRETS (ARTS. 290-292)
ARTICLE 290
DISCOVERING SECRETS THROUGH SEIZURE OF
CORRESPONDENCE
Elements: (PSID)
1. That the offender is a private individual or even a
public officer not in the exercise of his official
function;
2. That he seizes the papers or letters of another;
3. That the purpose is to discover the secrets of
such other person;
4. That the offender is informed of the contents of
the papers or letters seized.
Qualifying circumstance: Offender reveals the
contents of such paper or letter of another to a third
person.
 Prejudice is not an element of this offense.
 If the purpose of seizure is to cause damage,
estafa is committed.
REVEALING SECRETS WITH ABUSE OF OFFICE
Elements: (MLR)
1. That the offender is a manager, employee or
servant;
2. That he learns the secrets of his principal or
master in such capacity;
3. That he reveals such secrets;
 Damage is NOT necessary.
ARTICLE 292
REVELATION OF INDUSTRIAL SECRETS
Elements: (MSRP)
1. That the offender is a person in charge,
employee or workman of a manufacturing or
industrial establishment;
2. That the manufacturing /industrial establishment
has a secret of the industry which the offender
has learned;
3. That the offender reveals such secrets;
4. That prejudice is caused to the owner.
 Secrets must relate to manufacturing process.
 Prejudice is an element in this offense.

If the purpose is to harass or annoy, the crime is TITLE TEN: CRIMES AGAINST PROPERTY
unjust vexation.

ART. 230 ART. 280 ARTICLE 293

WHO ARE GUILTY OF ROBBERY
Public officer comes to Private individual
know the secret of any Robbery – is the taking of personal property
private individual by belonging to another, with intent to gain, by means of
reason of his office. violence against or intimidation of any person, or
The secret is not It is necessary that the using force upon anything.
necessarily contained in offender seizes the
papers or letters. papers or letters of Classification of robbery:
another to discover the 1. Robbery with violence against or intimidation of
secret of the latter persons (294, 297, 298)
2. Robbery by use of force upon thins. (299 & 302).
Elements of robbery in general
1. That there be personal property (bienes
muebles) belonging to another;
2. That there is unlawful taking (apoderamiento or
asportacion) of that property.
3. That the taking must be with intent to gain
(animus lucrand)
4. That there is violence against or intimidation of
any person or force used upon things.
Personal property
As long as the personal property does not belong to
the accused who has a valid claim thereover, it is
immaterial whether said offender stole it from the
owner, a mere possessor, or even a thief of the
property.
Unlawful taking:
1. Unlawful taking means appropriating a thing
belonging to another and placing it under one’s
control or possession.
2. Unlawful taking is COMPLETE:
a. robbery with violence against or intimidation
of persons – offender has already the
possession of the thing even if he has no
opportunity to dispose of it.
b. robbery with force upon things – the thing
must be brought outside the building for
consummated robbery to be committed.
Intent to gain
Intent to gain is presumed from the unlawful taking of
personal property.
The element of “personal property belonging to
another” and that of “intent to gain” must concur.
 If the accused, with intent to gain, took from
another, personal property which turned out to be
his own property, the property not belonging to
another, he cannot be held liable for robbery;
even if in the taking the accused used violence
against or intimidation of person, or force upon
anything.
 If he took personal property from another,
believing that it was his own property, but in
reality it belonged to the offended party, there
being no intent to gain, he cannot be held liable
for robbery, even if the accused used violence
against or intimidation of person, or force upon
things.
 Thus,
 If the property turns out to be the offender’s
own property, an impossible crime is
committed.
 If there was no intent to gain, estafa or
coercion may be committed.
Violence or intimidation
Violence or intimidation must be present BEFORE the
taking of personal property is complete. But when the
violence results in homicide, rape, intentional
mutilation or any of the serious physical injuries
penalized in Par. 1 and 2 of Art 263, the taking of the
personal property is robbery complexed with any of
those crimes under Art. 294, even if the taking was
already complete when the violence was used by the
offender.
Art. 294 applies only where robbery with violence
against or intimidation of persons takes place without
entering an inhabited house under the circumstances
in Art. 299. When both circumstances are present, the
offense shall be considered as a complex crime under
Art. 48, and the penalty shall be for the graver offense
in the maximum period. (Napolis v. CA, No. L-28865,
Feb. 28, 1972)
If it is the owner who forcibly takes the personal
property from its lawful possessor, the crime is estafa
under Art. 316(3) since the former cannot commit
robbery on his own property even if he uses violence
or intimidation.
Whenever violence against or intimidation of any
person is used, the taking of personal property is
always robbery. If there is no violence or intimidation,
but only force upon things, the taking is robbery only if
the force is used either to enter the building or to
break doors, wardrobes, chests, or any other kind to
locked or sealed furniture or receptacle inside the
building or to force them open outside after taking the
same from the building.
SECTION ONE: ROBBERY WITH VIOLENCE
AGAINST OR INTIMIDATION OF PERSONS
ARTICLE 294
ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
Acts punished under this article:
1. (a) When by reason or on occasion of the
robbery, the crime of homicide is committed; (b)
or when the robbery is accompanied by rape or
intentional mutilation or arson.
2. When by reason or on occasion of such robbery
any of the physical injuries resulting in insanity,
imbecility, impotency or blindness is inflicted.
(subdivision 1 or Art. 263)
3. When by reason or on occasion of robbery, any
of the physical injuries penalized in subdivision 2
of Art. 263 is inflicted.
[When the person injured:
 a. loses the use of speech or the power to hear
or to smell, or loses an eye, a hand, a foot,
an arm or leg.
b. loses the use of any such member; or
c. becomes incapacitated for the work in which
he was therefore habitually engaged, in
consequence of the physical injuries
inflicted;]
4. (a) If the violence or intimidation employed in the
commission of the robbery is carried to a degree
clearly unnecessary for the commission of
the crime; or (b) when in the course of its
execution, the offender shall have inflicted upon
any person NOT responsible for its commission
physical injuries covered by subdivisions 3 and 4
of Art. 263.
[When the person injured –
a. becomes deformed, or
b. loses any other member of his body, or
c. loses the use thereof, or
d. becomes ill or incapacitated for the
performance of the work in which he was
habitually engaged for more than 90 days,
in consequence of the physical injuries
inflicted.
When the injured person becomes ill or
incapacitated for labor for more than 30 days (but
must not be more than 90 days), as a result of
the physical injuries inflicted.]
5. If the violence employed by the offender does
NOT cause any of the serious physical injuries
defined in Art. 263, or if the offender employs
intimidation only. (simple robbery)
 These offenses are known as SPECIAL
COMPLEX CRIMES.
 The term “homicide” is used in its generic sense
and includes any kind of killing, whether parricide
or murder or where several persons are killed
and the name of this special complex crime shall
remain as robbery with homicide. The qualifying
circumstance (e.g. treachery in murder) will only
become an aggravating circumstance.
 An intent to take personal property belonging to
another with intent to gain must precede the
killing, otherwise, he is guilty of two separate
crimes of homicide or murder, as the case may
be, and theft.
 Homicide may precede robbery or may occur
after robbery. What is essential is that the
offender must have intent to take personal
property before the killing.
 The phrase “by reason” covers homicide
committed before or after the taking of personal
property of another, as long as the motive of the
offender in killing is to deprive the victim of his
personal property which is sought to be
accomplished by eliminating an obstacle, killing a
person after robbery to do away with a witness or
to defend the possession of the stolen property.
 There is robbery with homicide even if the person
killed was a bystander and not the person
robbed. The law does not require the victim of the
robbery be also the victim of homicide.
Par. 1 of this article applies even if the gang
committed homicide or intentional mutilation on any of
their co-robbers.
In robbery with rape, the law uses the phrase “when
the robbery shall have been accompanied by rape”.
But like in robbery with homicide, the offender must
have the intent to take the personal property
belonging to another with intent to gain, and such
intent must PRECEDE the rape.
Robbery with rape does NOT cover robbery with
attempted rape.
Additional rape/s or homicide/s are not considered
aggravating. Unless and until a law is passed
providing that the additional rape/s (or homicide/s)
may be considered aggravating, the Court must
construe the penal law in favor of the offender as no
person may be brought within its terms if he is not
clearly made so by the statute. (People vs. Sultan,
G.R. No. 132470, April, 27, 2000).
 Par. 1 of this article also applies even if the victim
of the rape committed by the accused was
herself a member of the gang of robbers.
 Par 2 and par. 3 of this article also apply even
when the serious physical injuries referred to
therein are inflicted upon a co-robber.
 Under the 4th act punishable, clause A, the
violence need not result in serious physical
injuries. The first clause in Art. 294 par 4 requires
only that the violence be unnecessary for the
commission of the crime.
 Under clause B, it is required that the physical
injuries be inflicted in the course of the execution
of the robbery AND that any of them was inflicted
upon any person not responsible for the
commission of the robbery.
 Par. 5 known as simple robbery because they
only involve slight or less serious physical
injuries, which are absorbed in the crime of
robbery as an element thereof.
 Violence or intimidation may enter at any time
before the owner is finally deprived of his
property. This is so because asportation is a
complex fact a whole divisible into parts, a series
 of acts in the course of which personal violence by a generic mitigating circumstance, are also
or intimidation may be injected. considered as qualifying circumstances.

Threats to Extort Money vs. Robbery through ART. 294 ART. 300
intimidation Despoblado and en Both must concur
THREATS TO EXTORT ROBBERY THRU cuadrilla need not concur
MONEY INTIMIDATION
Intimidation is conditional Intimidation is actual and If the crime committed is robbery with homicide, rape,
or future immediate mutilation or arson (Par. 1) or with physical injuries
Intimidation may be Intimidation is personal under subdivision 1 of Art. 263 (Par. 2), despoblado
through an intermediary and cuadrilla will each be considered only as a
Intimidation may refer to Intimidation is directed generic aggravating circumstance.
person, honor or property only to the person of the
of the offended party or victim
of his family ARTICLE 296
The gain of the culprit is The gain of the culprit is DEFINITION OF A BAND AND PENALTY
not immediate immediate INCURRED BY THE MEMBERS THEREOF

Robbery vs. Bribery Outline:

ROBBERY BRIBERY
The victim is deprive of He parts with his money,
his money, property by in a sense, voluntarily
force or intimidation
Robbery vs. Grave Coercion
ROBBERY GRAVE COERCION
Within intent to gain No intent to gain.
ARTICLE 295
ROBBERY WITH PHYSICAL INJURIES,
COMMITTED IN AN UNINHABITED PLACE BY A
BAND OR WITH THE USE OF FIREARM ON A
STREET, ROAD OR ALLEY
Qualified Robbery with Violence Against or
Intimidation of Persons:
Nos. 3, 4 and 5 of Article 294 if committed:
a. In an uninhabited place (despoblado); or
b. By a band (en cuadrilla); or
c. By attacking a moving train, street car, motor
vehicle, or airship; or
d. By entering the passengers’ compartments in a
train, or in any manner taking the passengers by
surprise in their respective conveyances; or
e. On a street, road, highway, or alley, and the
intimidation is made with use of firearms, the
offender shall be punished by the maximum
period or the proper penalties prescribed in Art.
294.
This article provides FIVE special aggravating
circumstances which, because they impose the
penalty in the maximum period and cannot be offset
a. When at least four armed malefactors take part in
the commission of a robbery, it is deemed
committed by a band.
b. When any of the arms used in the commission of
robbery is not licensed, the penalty upon all
malefactors shall be the maximum of the
corresponding penalty provided by law without
prejudice to the criminal liability for illegal
possession of firearms.
c. Any member by a band who was present at the
commission of a robbery by the band, shall be
punished as principal of any assaults committed
by the band, UNLESS it be shown that he
attempted to prevent the same.
Art. 296, just like Art. 295 also applies only to
robbery under Pars. 3, 4 and 5 of Art. 294, and
not to robbery with homicide, rape, intentional
mutilation, arson or the physical injuries in Par. 1
of Art. 263
PD 1866 penalizes illegal possession of firearm
in addition to criminal liability for robbery by a
band.
Under RA No. 8294, the use of unlawful firearm
in murder and homicide is now considered not as
a separate crime but merely a special
aggravating circumstance.
Requisites for liability for the acts of other
members of the band:
1. He was a member of the band;
2. He was present at the commission of a robbery
by that band;
3. The other members of that band committed an
assault;
4. He did not attempt to prevent the assault.
 Poor of conspiracy is NOT necessary when four
or more armed persons committed robbery.
 The circumstance that the robbery was
committed by a band would only be appreciated
as an ordinary aggravating circumstance in
Robbery with Homicide.
ARTICLE 297
ATTEMPTED AND FRUSTRATED ROBBERY
COMMITTED UNDER CERTAIN CIRCUMSTANCES
Special complex crime: When by reason or on
occasion of an attempted or frustrated robbery, a
homicide is committed.
“Homicide” under this article is also used in its generic
sense – to include any other unlawful killing. However,
if the killing legally constituted murder or parricide, the
offense will continue to be covered by Art. 297 with
the technical name stated therein, but the penalty
shall be for murder or parricide because Art. 297
states, “unless the homicide (killing) committed shall
deserve a higher penalty under this Code.”
The penalty is the same whether the robbery is
attempted or frustrated.
If homicide is NOT consummated, the crimes of
robbery and attempted or frustrated homicide:
a. May be complexed (Article 48), or
b. Considered as separate crimes, or
c. Considered as one crime, one absorbing the
other.
If physical injuries were inflicted on the victim, but
no intent to kill was proved and the victim did not
die, the liability of the offender may be as follows:
a. If the physical injuries were by reason of the
attempted or frustrated robbery as the means for
the commission of the latter, the injuries are
absorbed by the latter and the crime shall only be
attempted or frustrated robbery.
b. If the physical injuries were inflicted only on the
occasion of the aborted robbery but not
employed as a means of committing the latter,
these will be separate crimes of attempted or
frustrated robbery and physical injuries.
c. If both killing and physical injuries were
committed on that occasion, the crime will be
penalized in accordance with Art. 297 but the
physical injuries will be absorbed.
 When the offense committed is attempted or
frustrated robbery with serious physical injuries,
Art. 48 is applicable, since the felony would fall
neither under Art. 294 which covers
consummated robbery with homicide nor under
Art. 297 which covers attempted or frustrated
robbery with homicide. Note, however, that for
Art. 48 to apply, serious physical injuries must be
employed as a necessary means of committing
robbery.
ARTICLE 298
EXECUTION OF DEEDS BY MEANS OF VIOLENCE
OR INTIMIDATION
Elements:
1. That the offender has intent to defraud another;
2. That the offender compels him to sign, execute,
or deliver any public instrument or document;
3. That the compulsion is by means of violence or
intimidation.
SECTION TWO: ROBBERY WITH THE USE OF
FORCE UPON THINGS
ARTICLE 299
ROBBERY IN AN INHABITED HOUSE/PUBLIC
BUILDING OR DIFICE DEVOTED TO WORSHIP
Elements: (Subdivision A)
1. The offender entered (a) an inhabited house (b) a
public building or (c) an edifice devoted to
religious worship.
2. The entrance was effected by any of the following
means:
a. Through an opening not intended for
entrance or egress;
b. By breaking any wall, roof, floor, door, or
window;
c. By using false keys, picklocks or similar
tools; or
d. By using any fictitious fame or pretending the
exercise of public authority
3. That once inside the building, the offender took
personal property belonging to another with intent
to gain.
 Any of the four means describe in subdivision (a)
or Art. 299 must be resorted to by the offender to
enter a house, not to get out.
 The wall broken must be an outside wall, not a
ball between rooms in a house or building,
because the breaking of a wall must be for the
purpose of entering.
 But if a room is occupied by a person as his
separate dwelling, the breaking of the room’s
wall may give rise to robbery.
 False keys are genuine keys stolen from the
owner or any keys other than those intended by
the owner for use in the lock forcibly opened by
the offender.
 The false key or picklock must be used for
entering the building.
 The whole body of the culprit must be inside the
building to constitute entering.
 Not every physical force exerted by the offender
is covered by Art. 299, hence breaking store
windows to steal something but WITHOUT entry,
is only theft.
Elements: (Subdivision B)
1. Offender is inside a dwelling house, public
building or edifice devoted to religious worship,
regardless of the circumstances under which he
entered it.
2. The offender takes personal property belonging
to another with intent to gain under any of the
following circumstances:
a. by the breaking of doors, wardrobes, chests,
or any other kind of sealed furniture or
receptacle.
b. by taking such furniture or objects away to
be broken open outside the place of the
robbery
 Entrance into the building by any means
mentioned in subdivision (a) of Art. 299 is not
required in robbery under subdivision (b) of the
same article.
 The term door under this subdivision refers only
to doors lids or opening sheets of furniture or
other portable receptacles – not to outside doors
of house or building.
 It is estafa or theft, if the locked or sealed
receptacle is not forced open in the building
where it is kept or taken therefrom to be broken
outside.
ARTICLE 300
ROBBERY IN AN UNINHABITED PLACE
AND BY A BAND
Under this Article, Robbery with Force Upon Things is
qualified when committed in an uninhabited place
AND by a band, as distinguished from Qualified
Robbery with Violence or Intimidation of Persons (Art.
295) which is committed in an uninhabited place OR
by a band.
ARTICLE 301
WHAT IS AN INHABITED HOUSE, PUBLIC
BUILDING OR BUILDING DEDICATED TO
RELIGIOUS WORSHIP AND THEIR
DEPENDENCIES
Inhabited house – means any shelter, ship, or vessel
constituting the dwelling of one or more persons, even
thought he inhabitants thereof shall temporarily be
absent therefrom when the robbery is committed.
Dependencies of an inhabited house, public
building or building dedicated to religious
worship – all interior courts, corrals, warehouses,
granaries or enclosed places (1) contiguous to the
building or edifice, (2) having an interior entrance
connected therewith, and (3) which form part of the
whole.
Orchards and other lands used for cultivation or
production are not included in the terms of the next
preceding paragraph, even if closed, contiguous to
the building and having direct connection therewith.
Public building – includes every building owned by
the Government or belonging to a private person not
included, used or rented by the Government, although
temporarily unoccupied by the same.
ARTICLE 302
ROBBERY IN AN UNINHABITED PLACE
OR IN A PRIVATE BUILDING
Elements:
1. That the offender entered an uninhabited place or
a building which was not a dwelling house, not a
public building, or not an edifice devoted to
religious worship;
2. That any of the following circumstances was
present:
a. The entrance was effected through an
opening not intended for entrance or egress;
b. A wall, roof, floor or outside door or window
was broken;
c. The entrance was effected through the use
of false keys, picklocks or other similar tools.
d. A door, wardrobe, chest, or any sealed or
closed furniture or receptacle was broken; or
e. A closed or sealed receptacle was removed
even if the same be broken open elsewhere;
3. That with intent to gain, the offender took
therefrom personal property belonging to another.
The only difference between Arts. 299 and 302 is that
the use of fictitious name or simulation of public
authority can be used only in Art. 299 which refers to
inhabited buildings and not in Art. 302 which involves
uninhabited or other places.
While Art. 302 provides for robbery in an “uninhabited
place,” it actually means an UNINHABITED HOUSE.
When the property taken is a mail matter during any
of the robbery defined in Arts. 294, 295, 297, 299, 300
& 302, the penalties next higher than those provided
in said articles shall be imposed.
The taking of large cattle is now punished under P.D.
No. 533.

ARTICLE 303
ROBBERY OF CEREALS, FRUITS, OR FIREWOOD
IN AN UNINHABITED PLACE OR PRIVATE
BUILDING
Penalty is 1 degree lower when cereals, fruits, or
firewood are taken in robbery with force upon things.
Cereals are seedlings which are the immediate
product of the soil
The palay must be kept by the owner as “seedling” or
taken for that purpose by the robbers.
ARTICLE 304
POSSESSION OF PICKLOCKS OR SIMILAR
TOOLS
Elements:
1. That the offender has in his possession picklocks
or similar tools
2. That such picklocks or similar tools are specially
adopted to the commission of robbery
3. That the offender does not have lawful cause for
such possession
 Actual use of picklocks or similar tools is not
necessary in illegal possession thereof.
ARTICLE 305
FALSE KEYS
Inclusions:
1. Tools not mentioned in the next preceding article
2. Genuine keys stolen from the owner
3. Any keys other than those intended by the owner
for use in the lock forcibly opened by the
offender.
 A master key is a picklock and its possession is
punishable.
 A lost or misplaced key found by another and not
retuned to its rightful owner is considered as a
genuine key stolen from the owner.
CHAPTER TWO - BRIGANDAGE
(ARTS. 306, 307)
PRESIDENTIAL DECREE 532
Modified Arts. 306 & 307
Highway robbery/brigandage – is the seizure of any
person for ransom, extortion or other unlawful
purposes, or the taking away of the property of
another by means of violence against or intimidation
of persons or force upon thins or other unlawful
means, committed by any person on any Philippine
Highway.
 Any person who aids or protects highway robbers
or abets the commission of highway robbery or
brigandage shall be considered as an
ACCOMPLICE.
Philippine highway – it shall refer to any road, street,
passage, highway and bridges or other parts thereof,
or railway or railroad within the Philippines used by
persons or vehicles, or locomotives or trains for the
movement or circulation of persons or transportation
of goods, articles, or property or both.
BRIGANDAGE
PD 532
(ARTICLE 306, RPC)
Mere conspiracy to Mere formation of a band
constitute the offense of for any purpose indicated
brigandage is not in the law is punishable.
punishable (presupposes
that acts defined are
actually committed)
Offenders need not Offenders must be a
constitute a band. band of robbers
ARTICLE 306
BRIGANDAGE
Elements:
1. There be at least four armed persons
2. They formed a band or robbers.
3. The purpose is any of the following:
a. To commit robbery in a highway; or
b. To kidnap persons for the purpose of
extortion or to obtain ransom; or
c. To attain by means of force or violence any
other purpose
Presumption of law as to brigandage:
All are presumed to be highway robbers or brigands,
if any of them carry unlicensed firearm.
 Brigandage may be committed without the use of
firearms. The term “armed” covers arms and
weapons in general, not necessarily firearms.
The only things to prove are:
1. That there is an organization of more than three
armed persons forming a band of robbers;
2. That the purpose of the band is any of those
enumerated in Art. 306;
3. That they went upon the highway or roamed
upon the country for that purpose;
4. That the accused is a member of such band.
 BRIGANDAGE ROBBERY IN BAND 1. Any person who, having found lost property, shall
fail to deliver the same to the local authorities or
Purpose: commit robbery Purpose: commit robber, to its owner.
in highway; or to kidnap not necessarily in
person for ransom; or highways It is necessary to prove:
any other purpose a. The time of the seizure of the thing;
attained by force and b. That it was a lost property belonging to
violence another; and
Agreement is to commit Agreement is to commit a c. That the accused having had the opportunity
several robberies particular robbery to return or deliver the lost property to its
Mere formation is Actual commission of owner or to the local authorities refrained
punished robbery is necessary from doing so.

 The term “lost property” embraces lost by

ARTICLE 307
AIDING OR ABETTING A BAND OF BRIGANDS
Elements:
1. That there is a band of brigands;
2. That the offender knows the band to be of
brigands;
3. That the offender does any of the following acts:
a. That he aids, abets, or protects such band of
brigands;
b. That he gives them information on the
movements of the police or other peace
officers of the government; or
c. That he acquires or receives property taken
by such brigands.
 It shall be presumed that the person performing
any of the acts provided in this article has
performed them knowingly, unless the contrary is
proven.
CHAPTER THREE: THEFT (ARTS. 308-311)
ARTICLE 308
WHO ARE LIABLE FOR THEFT
Theft – is committed by any person who, with intent
to gain but without violence or intimidation of persons
nor force upon things, shall take the personal property
of another without the latter’s consent.
Elements:
1. That there be taking of personal property;
2. That said property belongs to another;
3. That the taking be done with intent to gain;
4. That the taking be done without the consent of
the owner;
5. That the taking be accomplished without the use
of violence against or intimidation of persons or
force upon things.
stealing.
2. Any person who, after having maliciously
damaged the property of another shall remove or
make use of the fruits or object of the damage
caused by him.
3. Any person who shall enter an enclosed estate or
a field where trespass is forbidden or which
belongs to another and without he consent of its
owner, shall hunt or fish upon the same or shall
gather fruits, cereals, or other forest or farm
products.
Elements:
a. That there is an enclosed estate or a field
where trespass is forbidden or which
belongs to another;
b. That the offender enters the same;
c. That the offender hunts or fishes upon the
same or gathers fruits, cereals, or other
forest or farm products in the estate or field;
and
d. That the hunting or fishing or gathering of
products is without the consent o the owner.
 The fishing referred to in this article is not fishing
in the fishpond or fishery otherwise it is qualified
theft under Art. 310.
 Theft if NOT a continuing offense.
 What distinguishes THEFT from ROBBERY is
that in theft the offender does not use violence or
intimidation or does not enter a house or building
through any of the means specified in Art. 299 or
Art. 302 in taking personal property of another
with intent to gain.
 In theft, the phrase used is “shall take personal
property of another”, not “shall take away such
property”.
 In theft, it suffices that consent on the part of the
owner is lacking. In robbery, it is necessary that
the taking is against the will of the owner.

Theft is likewise committed by: From the moment the offender gained possession of
the thing, even if the culprit had no opportunity to
dispose of the same, the unlawful taking is complete
(People vs. Salvilla, Aril 26, 1990)
The ability of the offender to freely dispose of the
property stolen is not a constitutive element of the
crime of theft. It finds no support or extension in
Article 308, whether as a descriptive or operative
element of theft or as the mens rea or actus reus of
the felony (Valenzuela vs. People of the Philippines,
G.R No. 160188, June 21, 2007).
Theft is not limited to an actual finder of lost property
who does not return or deposit it with the local
authorities but includes a policeman to whom he
entrusted it and who misappropriated the same, as
the latter is also a finder in law.
Theft of electricity is also punishable under RA 7832,
the Anti-Electricity and Electric Transmission
Lines/Materials Pilferage Act of 1994
ARTICLE 309
PENALTIES
The basis of penalty in theft is:
1. The value of the thing stolen, and in some cases,
2. The value and the nature of the property taken,
or
3. The circumstances or causes that impelled the
culprit to commit the crime.
ARTICLE 310
QUALIFIED THEFT
There is qualified theft in the following instance:
1. If theft is committed by a domestic servant
2. If committed with grave abuse of confidence
3. If the property stolen is (a) motor vehicle, (b) mail
matter or (c) large cattle
4. If the property stolen consists of coconuts taken
from the premises of plantation.
5. If the property stolen is taken from a fishpond or
fishery
6. If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any
other calamity, vehicular accident or civil
disturbance
 Penalty for qualified theft is two degrees higher
than that provided in Art. 309.
ANTI CARNAPPING ACT OF 1972
(R.A. 6539)
Carnapping – is the taking, with intent to gain, of
motor vehicle belonging to another without the latter’s
consent, or by means of violence against or
intimidation of persons, or by using force upon things.
Motor vehicle – any vehicle which is motorized using
the streets which are public, not exclusively for private
use, comes within the concept of motor vehicle. It
includes all vehicles propelled by power, other than
muscular power.
If the owner, driver or occupant of a carnapped
vehicle is killed or raped in the course of the
commission of the carnapping or on the occasion
thereof, the penalty of reclusion perpetual to death
shall be imposed.
Since Sec. 14 of RA 6539 uses the words “IS
KILLED” NO DISTINCTION must be made between
homicide and murder.
CATTLE RUSTLING LAW OF 1974
(P.D. 533)
Cattle rustling – is defined as the taking away by
means, method or scheme, WITHOUT the consent of
the owner/raiser of any large cattle whether or not for
profit or gain, or whether committed with or without
violence against or intimidation of persons or force
upon things. It includes the killing of large cattle or
taking it as meat or hide without the consent of the
owner/raiser.
Large cattle – shall include the cow, carabao, horse,
mule, ass, or other domesticated member of the
bovine family. Goats are not large cattle.
Presumption of Cattle Rustling: Failure to exhibit
the required documents by any person having in his
possession, control, or custody of large cattle, upon
demand by a competent authorities shall be prima
facie evidence that the large cattle in his possession,
control and custody are the fruits of the crime of cattle
rustling.
LAW ON ILLEGAL FISHING
(P.D 534)
Illegal fishing – the act of any person to catch, take
or gather or cause to be caught, taken or gathered
fish or fishery/aquatic products in Philippine waters
with the use of explosives, obnoxious or poisonous
substances or by the use of electricity.
Dealing in illegally caught fish or fishery/aquatic
products – any person who possesses or deals in,
sells or in any manner disposes of, for profit, any fish,
fishery/aquatic products which have been illegally
caught, taken or gathered.

“HIGHGRADING” OR THEFT OF GOLD
(P.D. 581)
“Highgrading” or theft of gold – the act of any
person who shall take gold-bearing ores or rocks from
a mining claim or mining camp or shall remove,
collect or gather gold-bearing ores or rocks in place or
shall prepare and treat such ores or rocks to recover
or extract the gold content thereof, without the
consent of the operator of the mining claim.
Presumption: unauthorized possession by any
person within a mining claim or mining camp of gold-
bearing ores or rocks or of gold extracted or removed
from such ores or rocks shall be prima facie evidence
that they have been stolen from the operator of a
mining claim (Sec. 2).
ANTI-FENCING LAW
(P.D. 1612)
Elements:
1. Crime of robbery or theft has been committed;
2. Accused, who is not a principal or accomplice in
the commission of the crime of robbery or theft,
buys, receives, possesses, keeps, acquires,
conceals, sells, or disposes of, or shall buy and
sell, or in any other manner deal any article, item,
object or anything of value which he knows, or
should be known to him, to have been derived
from the proceeds of said crime;
3. Accused knows or should have known that said
article, item, object or anything of value has been
derived from the proceeds of theft or robbery;
4. Accused has intent to gain for himself or another.
Section 2. Definition of Terms
Fencing – the act of any person who, with intent to
gain for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell, or dispose of,
or shall buy and sell, or in any other manner deal any
article, item, object or anything of value which he
knows, or should be known to him, to have been
derived from the proceeds of the crime of robbery or
theft.
Section 5. Presumption of Fencing
Mere possession of any good, article, item, object, or
anything of value which has been the subject of
robbery or thievery shall be prima facie evidence of
fencing.
Section 6. Clearance/Permit to Sell Used/ Second
Hand Articles
 All stores, establishments or entities dealing in
the buy and sell of any good, article, item, object
or anything of value, shall, before offering the
same for sale to the public, secure the necessary
clearance or permit from the station commander
of the Integrated National Police in the town or
city where such store, establishment or entity is
located.
 Any person who fails to secure the required
clearance/permit shall also be punished as a
fence.
PRESIDENTIAL DECREE NO. 401
Penalizing the Unauthorized Installation of Water,
Electrical or Telephone Connections, the Use of
Tampered Water or Electrical Meters, and other
Acts (March 1, 1974)
Punishable acts:
1. The use of tampered water or electrical meters to
steal water or electricity
2. The stealing or pilfering of water and/or electrical
meters, electric and/or telephone wires.
3. Knowingly possessing stolen or pilfered water
and/or electric meters and stolen or pilfered
electric and/or telephone wires.
Theft of electricity can also be committed by any of
the following means:
1. Turning back the dials of the electric meter:
2. Fixing the electric meter in such a manner that it
will not register the actual electric consumption;
3. Under-reading of electric consumption; and
4. Tightening screw or rotary blades to slow down
the rotation of the same. (People v. Relova, No.
L-45129, march 6, 1987)
PENALIZING TIMBER SMUGGLING OR ILLEGAL
CUTTING OF LOGS FROM PUBLIC FORESTS AND
FOREST RESERVES AS QUALIFIED THEFT
(P.D. NO. 330)
Any person, whether natural or juridical who directly
or indirectly cuts, gathers, removes, or smuggles
timber, or other forest products, either from any of the
public forest, whether under license or lease, or from
any privately owned forest land in violation of existing
laws, rules and regulations shall be guilty of the crime
of qualified theft.
P.D. NO. 705
REVISING PRESIDENTIAL DECREE NO. 389,
OTHERWISE KNOWN AS THE FORESTRY
REFORM CODE OF THE PHILIPPINES

Punishable acts:
1. Cutting, gathering and/or collecting timber or
other products without license from any forest
land or timber from alienable and disposable
public lands or from private lands shall be guilty
of qualified theft under Art. 309 and 310 of the
RPC;
2. Entering and occupying or possessing, or making
kaingin for his own private use or for others any
forest land without authority or destroying in any
manner such forest land or part thereof, or
causing any damage to the timber stand and
other products and forest growths found therein;
3. Grazing or causing to graze without authority
livestock in forest lands, grazing lands which
have not as yet been disposed of in accordance
with Public land Act;
4. Occupying for nay length of time without permit
any portion of the national parks system or
cutting, destroying, damaging, or removing timber
or any species of vegetation or forest cover and
other natural resources found therein or
mutilating, defacing, or destroying objects of
natural beauty or of scenic value within areas of
the natural park system;
5. Selling or offering for sale any log, lumber,
plywood or other manufactured wood products in
the international or domestic market unless he
complies with the grading rules established or to
be established by the Government.
ARTICLE 311
THEFT OF THE PROPERTY OF THE NATIONAL
LIBRARY AND NATIONAL MUSEUM
Theft of property on National Library and Museum has
a fixed penalty regardless of its value. But if the crime
is committed with grave abuse of confidence, the
penalty for qualified theft shall be imposed, because
Art. 311 says “unless a higher penalty should be
provided under the provisions of this Code.”
CHAPTER FOURS: USURPATION
(ARTS. 312 – 313)
ARTICLE 312
OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN PROPERTY
Elements:
1. That the offender takes possession of any real
property or usurps any real rights in property;
2. That the real property or real rights belong to
another;
3. That violence against or intimidation of persons is
used by the offender in occupying real property
or usurping real property or usurping real right in
property;
4. That there is intent to gain.
Acts punishable under Article 312:
1. By taking possession of nay real property
belonging to another by means of violence
against or intimidation of persons.
2. By usurping any real right sin property belonging
to another by means of violence against or
intimidation of persons.
 There is only civil liability, if there is no violence or
intimidation in taking possession.
 Art. 312 does not apply when the violence or
intimidation took place SUBSEQUENT to the
entry. Violence or intimidation must be the means
used in occupying real property or in usurping
real rights and not in retaining possession.
 When there is not intent to gain, crime committed
is coercion.
 When there is no violence or intimidation used
and there is not intent to gain, the crime is only
malicious mischief.
 Art 312 only provides a penalty of fine. However,
the offender shall also suffer the penalty for acts
of violence executed by him. Article 48 on
complex crimes does not apply.
THEFT/ROBBERY ARTICLE 312
Personal property is Real property or real right
taken involved
ARTICLE 313
ALTERING BOUNDARIES OR LANDMARK
Elements:
1. That there be boundary marks or monuments of
towns, provinces, or estates, or any other marks
intended to designate the boundaries of the
same;
2. That the offender alters said boundary marks.
 Altering is understood in its general and indefinite
meaning. Any alteration is enough to constitute
the material element of the crime.
CHAPTER FIVE: CULPABLE INSOLVENCY
(ART. 314)
ARTICLE 314
FRAUDULENT INSOLVENCY
Elements:
1. That the offender is a debtor, that is, he has
obligations due and demandable;
2. That he absconds with his property;
3. That there be prejudice to his creditors.
 Actual prejudice is required.
Unlike in the Insolvency Law, Art. 314 does NOT
require for its application that the criminal act should
have been committed after the institution of
insolvency proceedings.
CHAPTER SIX: SWINDLING AND OTHER DECEITS
(ARTS. 315 – 318)
ARTICLE 315
SWINDLING/ESTAFA
Elements, in general:
1. That the accused defrauded another by abuse of
confidence, or by means of deceit;
2. That the damage or prejudice capable of
pecuniary estimation is caused to the offended
party or third persons.
Damage or prejudice may consist of:
1. Offended party being deprived of his money or
property as a result of the defraudation;
2. Disturbance in property rights;
3. Temporary prejudice.
Note: Profit or gain must be obtained by the accused
personally and mere negligence in allowing another to
benefit from the transaction is not estafa.
I. Estafa with unfaithfulness or abuse of
confidence
Estafa with unfaithfulness (Article 315, No. 1-
A)
Elements:
1. That the offender has an onerous obligation
to deliver something of value
2. That he alters its substance, quantity or
quality
3. That damage or prejudice capable of
pecuniary estimation is caused to the
offended party or third persons
 It is estafa even if the obligation be based on
an immoral or illegal obligation
 When there is no agreement as to the quality
of thing to be delivered, the delivery of the
thing not acceptable to the complainant is
not estafa.
Estafa with abuse of confidence (Art. 315 No.
1-B).
1. That money, goods, or other personal
property be received by the offender in trust
or on commission, or for administration, or
under any other obligation involving the duty
to make delivery of, or return, the same;
2. That there be misappropriation or conversion
of such money or property by the offender, or
denial on his part of such receipt;
3. That such misappropriation or conversion or
denial is to the prejudice of another;
4. That there is demand made by the offended
party to the offender.
Note: The fourth element is not necessary when there
is evidence of misappropriation of the goods by the
defendant.
 Art. 315, No. 1 (b) does not apply when the
contract between the accused and complainant
has the effect of transferring to the accused
ownership of the thing received. The default in
the return of the thing received will only entail civil
liability
 The contracts of deposit, commodatum, and
lease, quasi-contract of solutio indebity and trust
receipt transactions are examples of obligations
involving the duty to return or make delivery.
 The thing to be delivered or returned by the
offender must the very object which he received.
 Juridical possession means a possession which
gives the transferee a right over the thing which
the transferee may set up even against the
owner.
 To convert connotes the act of using or disposing
of another’s property as if it were one’s own. The
word “misappropriate” means to own, to take
something for one’s own benefit.
 Conversion presupposes that the thing has been
devoted to a purpose or use different from that
agreed upon.
 The person prejudiced need not necessarily be
the owner of the property.
General rule: There must be a formal demand on the
offender to comply with his obligation before he can
be charged with estafa.
Exceptions:
1. When the offender’s obligation to comply is
subject to a period, and
2. When the accused cannot be located despite due public officer who is accountable for public
diligence. not accountable for funds or property
public funds or
Novation Theory property
The Supreme Court ruled differently in two cases, as Crime is committed by Crime is committed by
to when novation of contract should be made to misappropriating, appropriating taking or
relieve the accused from criminal liability. converting or denying misappropriating or
having received consenting, or through
1st view: The novation must take place before the money, goods, or other abandonment or
criminal liability is incurred, that is, before all the personal property negligence, permitting
elements of estafa become present. In (People v. any other person to
Benitez, G.R. No. L-15923, June 30 1960), the SC take the public funds or
ruled that the fact that the accused therein had, with property
the consent of the offended party, assumed the
obligation of paying the rentals, out of his own salary Estafa by taking undue advantage of the signature
after he had committed the misappropriation, does not in blank (Article 315, No. 1C)
obliterate the criminal liability already incurred.
Elements:
2nd view: Novation may apply prior to the filing of the 1. That the paper with the signature of the offended
criminal information in court by the state prosecutor, party be in blank;
because up to that time, the original trust relation may 2. That the offended party should have delivered it
be converted by the parties into an ordinary creditor- to the offender;
debtor situation, thereby placing the complainant in 3. That above the signature of the offended party a
estoppel to insist on the original trust. But after the document is written by the offender without
judicial authorities have taken cognizance of the crime authority to do so;
and instituted action in court, the offended party may 4. That the document so written creates a liability of,
no longer divest the prosecution of its power to exact or causes damage to the offended party or any
the criminal liability, as distinguished from the civil third person.
liability. (People vs. Nery, No. L-19567, February 5,
1964). II. Estafa by means of deceit (Art. 315, No. 2)

 Note, however, that novation is not among the Elements:

grounds that extinguish criminal liability under 1. That there must be false pretense, fraudulent act
Art. 89. or fraudulent means;
2. That such false pretense, act or fraudulent
Theft v. Estafa means must be made or executed prior to or
THEFT ESTAFA simultaneously with the commission of fraud.
3. That the offended party must have relied on the
The offender takes the The offender receives the false pretense, fraudulent act, or fraudulent
thing without the owner’s thing from the offended means, that is, he was induced to part with his
consent party money or property because of fraudulent means.
The offender acquires The offender acquires 4. That as a result thereof, the offended party
only the material or also the juridical suffered damage.
physical possession of possession of the thing
the thing and the offender  There is no deceit if the complainant was aware
misappropriates it of the fictitious nature of the pretense.
 It is indispensable that the element of deceit,
 Note: if an object was received to be sold, but consisting in the false statement or fraudulent
instead it was pledged, estafa is committed. representation of the accused, be made prior to,
If an object was to be pledged but instead it was or at least simultaneously with, the delivery of the
sold, theft is committed. thing by the complainant, it being essential that
such false statement or fraudulent representation
Estafa vs. Marversation constitutes the very cause or the only motive
which induces the complainant to part with the
ESTAFA MALVERSATION
thing.
The funds or property Usually public funds or
are private property Ways of commission:
Offender is a private Offender who is usually A. Art. 315 No. 2 (A):
individual or even a a public officer is 1. By using a fictitious name.
2. By falsely pretending to possess (a) power, (b)
influence, (c) qualifications, (d) property, (e)
credit, (f) agency, (g) business or imaginary
transactions.
3. By means of other similar deceits.
ILLEGAL RECRUITMENT
Under the Migrant Workers Act
(R.A. No. 8042)
Illegal recruitment – Any act of canvassing, enlisting,
hiring, or procuring workers, including referring
contract services, promising or advertising for
employment abroad, whether for profit or not, when
undertaken by a non-license or non-holder of
authority.
Any such non-license or non-holder of authority who,
for a fee, offers and promises employment abroad to
two or more persons shall be deemed so engaged in
illegal recruitment.
Economic Sabotage:
a. Illegal recruitment by syndicate – committed by a
group of three (3) or more persons conspiring or
confederating with one another.
b. Large Scale Illegal Recruitment – committed
against three (3) or more persons.
 Penalty for Illegal Recruitment involving
economic sabotage is punishable by life
imprisonment and fine of P500,000 to
P1,000,000
 In People v. Calonzo, (G.R. Nos. 115150-55,
Sept. 27, 1996), The SC reiterated the rule that a
person convicted for illegal recruitment under the
Labor Code, as amended, can be convicted for
estafa under Art. 315 (Par. 2), the elements of the
crime are present.
B. Art. 315 No. 2 (B)
By altering, the quality, fineness or weight of
anything pertaining to his business
C. Art. 315 No. 2 (C)
By pretending to have bribed any Government
employee
 The accused, by pretending to have bribed a
government employee, can be held further
liable for such calumny in a criminal action
for either slander or libel depending on how
he recounted the supposed bribery.
D. Art. 315 No. 2 (D)
Elements:
1. That the offender postdated a check, or issued a
check in payment of an obligation.
2. That such postdating or issuing a check was
done when the offender had no funds in the
bank, or his funds deposited therein were not
sufficient to cover the amount of the check
 The issuance by the offender of the check
(whether postdated or not), prior to or
simultaneous with the transaction, must be
for the purpose of contracting the obligation,
otherwise if the check is issued in payment
of a preexisting obligation, no estafa is
committed.
 If the check was issued by the debtor only
for security of the creditor, as in the nature of
promissory notes but not to be encashed, no
estafa will be involved.
 Good faith is a defense in a charge of estafa
by postdating or issuing a check.
 There is prima facie evidence of deceit when
the drawer fails to pay or make arrangement
for payment three (3) days after receiving
notice of dishonor.
BOUNCING CHECKS LAW
(B.P. Blg. 22)
Section 1. Checks Without Sufficient Funds.
Offenses punishable under BP 22:
1. Making or drawing and issuing a check knowing
at the time of issue that he does not have
sufficient funds.
Elements:
a. That a person makes or draws and issues
any check
b. That the check is made or drawn and issued
to apply on account or for value.
c. That the person knows that at the time of
issue he does not have sufficient funds or
credit with the drawee bank for the payment
of such check upon its presentment.
d. That the check is subsequently dishonored
by the drawee bank for insufficiency of funds
or credit, or would have been dishonored for
the same reason had not the drawer, without
any valid reason, ordered the bank to stop
payment.
2. Failing to keep sufficient funds to cover the full
amount of the check if presented within a period
of 90 days from the date appearing thereon.
Elements:
a. That the person has sufficient funds with the
drawee bank when he makes or draws and
issues a check
b. That he fails to keep sufficient funds or to
maintain a credit to cover the full amount if
 presented within a period of 90 days from preexisting)
the date of appearing thereon.
4. deceit and damage are 4. false pretenses or
c. That the check is dishonored by the drawee
not elements of the deceit and damage, or at
bank
crime; the gravamen of least intent to cause
the offense is the damage, are essential
Gravamen of BP 22 is the issuance of a worthless
issuance of the check and the false pretenses
or bum check.
must be prior to or
simultaneous with the
Evidence of Knowledge of Insufficient Funds:
damage caused.
 Refusal of drawee bank to pay the check due to
5. the drawer is given 5 5. given 3 days after
insufficiency of funds when presented the check
days after receiving receiving notice of
shall be prima facie knowledge of insufficiency of
notice of dishonor within dishonor
funds unless the drawer or maker pays the holder
which to pay or make
the amount due thereon or makes arrangements
arrangements for
for the payment thereof by the drawer within five
payment
(5) banking days after receipt of notice that the
6. that there are n funds 6. that there are no funds
check was dishonored.
or no sufficient funds at or there are insufficient
the time of issuance or at funds at the time of
Under SC Administrative Circular 12-2000, as
the time of presentment if issuance
clarified by AC. 13-2001:
made within 90 days.
Where the circumstances of both the offense and the
7. the maker or drawer 7. not necessary that the
offender clearly indicate good faith or a clear mistake
and issuer knows at the drawer should know at
of fact without taint of intelligence, the imposition of
time of issue that he does the time that he issued
fine alone should be considered as the more
not have sufficient fund in the check that the funds
appropriate penalty.
or credit with the drawee deposited in the bank
bank for the payment of were not sufficient to
The Administrative Circular merely lays down a RULE
the check in full cover the amount of the
OF PREFERENCE in the application of the penalties
check
provided for in B.P 22. The circular does not delete
the penalty of imprisonment, for should the judge
decide that imprisonment is the more appropriate E. Art. 315. No. 2 (E)
penalty; the circular ought not to be a hindrance. 1. By obtaining food, refreshment or
accommodation at hotel, inn, restaurant,
 Prosecution und BP 22 shall be without prejudice
boarding house, lodging house or apartment
to any liability for any violation in the RPC.
house without paying thereof with intent to
 The fine under BP 22 is based on the amount of
defraud the proprietor or manager thereof.
the check and is without regard to the amount of
2. By obtaining credit at any of the said
damage caused.
establishments by the use of any false pretense.
 That accused will be liable for the dishonor of the 3. By abandoning or surreptitiously removing any
check even if it was issued in payment of a part of his baggage from any of the said
preexisting legal obligation as he issued that establishment after obtaining credit, food,
check “to apply on account.” refreshment or accommodation therein without
 If the check is presented beyond the 90-day paying therefore.
period, no violation of BP 22, even if the check is
dishonored, provided the drawer had kept III. Estafa through the following means
sufficient funds in the drawee bank to cover the
check for the whole 90-day period. Estafa by inducing another to sign any document
(Article 315 No. 3A)
BP Blg. 22 vs. Estafa
BP 22 RPC Elements:
1. endorser is not liable. 1.endorser who acted 1. That the offender induced the offended party to
with deceit knowing that sign a document.
the check is worthless will 2. That deceit be employed to make him sign the
be criminally liable document;
2. malum prohibitum 2. malum in se 3. That the offended party personally signed the
document;
3. issuance of check is 3. it is the means to 4. That prejudice be caused.
for value or on account obtain the valuable
consideration from the
payee (debt is not
A. Estafa by resorting to some fraudulent b. That the offender knew that the real property
practice to insure success in gambling was encumbered, whether the encumbrance
(Article 315 No. 3B) is recorded or not. (principle of constructive
notice does not apply)
B. Estafa by removing, concealing or destroying c. That there must be express representation
documents (Article 315 No. 3C) by the offender that the real property is free
from encumbrance.
Elements: d. That the act of disposing of the real property
1. That there be court record, office files, be made to the damage of another
documents or any other papers;
2. That the offender removed, concealed or 3. The owner of any personal property who shall
destroyed any of them; wrongfully take it from its lawful possessor, to the
3. That the offender had intent to defraud prejudice of the latter or any third person.
another.
Elements:
a. That the offender is the owner of personal
INFIDELITY IN property;
CUSTODY OF ESTAFA b. That said personal property is in the lawful
DOCUMENT (Art. 315 C) possession of another;
(Art. 226) c. That the offender wrongfully takes it from its
Offender is a public The offender is a private lawful possessor; (if from unlawful
officer who is officially individual who is not possessor, Article 429 of the Civil Code
entrusted with the officially entrusted with applies)
document the documents d. That prejudice is thereby caused to the
No intent to defraud There is intent to defraud possessor or third person.

4. Any person who, to the prejudice of another, shall

 If there is not intent to defraud, the crime
committed is malicious mischief.
ARTICLE 316
OTHER FORMS OF SWINDLING
Persons liable:
1. Any person who, pretending to be the owner of
any real property, shall convey, sell, encumber or
mortgage the same.
Elements:
a. That the thing be immovable, such as a
parcel of land or a building; (property must
actually exist)
b. That the offender who is not the owner of
said property should represent that he is the
owner thereof;
c. That the offender should have executed an
act of ownership (selling, leasing,
encumbering or mortgaging the real
property);
d. That the act be made to the prejudice of the
owner or a third person.
2. Any person who, knowing that real property is
encumbered, shall dispose of the same, although
such encumbrance be not recorded.
Elements:
a. That the thing disposed of be real property.
execute any fictitious contract.
5. Any person who shall accept any compensation
for services not rendered or for labor not
performed.
 This act requires fraud as an essential
element. If there is no fraud, it only becomes
solutio indebiti, with the civil obligations to
return the wrong payment
6. Any person who shall sell, mortgage or encumber
real property with which the offender guaranteed
the fulfillment of his obligation as surety.
Elements:
a. That the offender is a surety in a bond given
in a criminal or civil action;
b. That he guaranteed the fulfillment of such
obligation with his real property or properties.
c. That he sells, mortgages or, in any manner
encumbers said real property;
d. That such sale, mortgage or encumbrance is
(1) without express authority from the court,
or (2) made before the cancellation of his
bond, or (3) before being relieved from the
obligation contracted by him.
ARTICLE 317
SWINDLING A MINOR
Elements:
1. That the offender takes advantage of the
inexperience or emotions or feelings of a minor;
2. That he induces such minor to assume an
obligation, or to give release, or to execute a
transfer of any property right;
3. That the consideration is some loan of money,
credit, or other personal property; (if real property,
Article 318 applies)
4. That the transaction is to the detriment of such
minor.
ARTICLE 318
OTHER DECEITS
1. By defrauding or damaging another by any other
deceit not mentioned in the preceding articles.
2. By interpreting dreams, by making forecasts
telling fortunes, by taking advantage of the
credulity of the public in any other manner, for
profit or gain
REPUBLIC ACT NO. 8484
Access Devices Regulation Act of 1998
Definition of Terms. For purposes of this Act, the
terms:
(a) Access Device – any card, plate, code, account
number, electronic serial number, personal
identification number, or other
telecommunications service, equipment, or
instrumental identifier, or other means of account
access that can be used to obtain money, good,
services, or any other thing of value or to initiate
a transfer of funds (other than a transfer
originated solely by paper instrument);
(b) Counterfeit Access Device – any access device
that is counterfeit, fictitious, altered, or forged, or
an identifiable component of an access device or
counterfeit access device;
(c) Unauthorized Access Device – any access
device that is stolen, lost, expired, revoked,
canceled, suspended, or obtained with intent to
defraud;
(d) Access Device Fraudulently Applied for – any
access device that was applied for or issued on
account of the use of falsified document, false
information, fictitious identities and addresses, or
any form of false pretense or misrepresentation;
(e) Consumer – a natural person;
(f) Credit Card – any card, plate, coupon book, or
other credit device existing for the purpose of
obtaining money, goods, property, labor or
services or any thing of value on credit;
(g) Device Making or Altering Equipment – any
equipment, mechanism or impression designed
or primarily used for making or altering or
reencoding an access device of a counterfeit
access device;
(h) Finance Charges – represent the amount to be
paid by the debtor incident to the extension of
credit such as interest or discounts, collection
fees, credit investigation fees, and other service
charges;
(i) Open-end-credit plan – a consumer credit
extended on an account pursuant to a plan under
which:
1) the creditor may permit the person to make
purchase or obtain loans, from time to time,
directly from the creditor or indirectly by use
of credit card, or other service;
2) the person has the privilege of paying the
balance; or
3) a finance charge may be computed by the
creditor from time to time on an unpaid
balance.
(j) Penalty Charges – such amount, in addition to
interest, imposed on the credit card holder for
non-payment of an account within a prescribed
period.
(k) Produce – includes design, alter, authenticate,
duplicate or assemble; and
(l) Trafficking – transferring, or otherwise disposing
of to another or obtaining control of with intent to
transfer or dispose of.
Prohibited Acts (Section 9)
The following acts shall constitute access device
fraud and are hereby declared to be unlawful:
(a) producing, using, trafficking in one or more
counterfeit access devices;
(b) trafficking in one or more unauthorized access
devices or access devices fraudulently applied
for;
(c) using, with intent to defraud, an unauthorized
access device;
(d) using an access device fraudulently applied for;
(e) possessing one or more counterfeit access
devices or access devices fraudulently applied
for;
(f) producing, trafficking in, having control or custody
of, or possessing device-making or altering
equipment without being in the business or
employment, which lawfully deals with the
 manufacture, issuance, or distribution of such
equipment;
(g) inducing, enticing, permitting or in any manner
allowing another, for consideration or otherwise
to produce, use, traffic in counterfeit access
devices, unauthorized access devices or access
fraudulently applied for.
(h) Multiple imprinting on more that one transaction
record, sales slip or similar document, thereby
making it appear that the device holder has
entered into a transaction other than those which
said device holder had lawfully contracted for, or
submitting, without being an affiliated merchant,
an order to collect from the issuer of the access
device, such extra sales slip through an affiliated
merchant who connives therewith, or, under false
pretenses of being an affiliated merchant, present
for collection such sales slips, and similar
documents.
(i) Disclosing any information imprinted on the
access device, such as, but not limited to, the
account number or name or address of the
device holder, without the latter’s authority or
permission;
(j) Obtaining money or anything of value through the
use of an access device with intent to defraud or
with intent to gain and fleeing thereafter;
(k) Having in one’s possession, without authority
from the owner of the access device or the
access device company, an access device, or
any material, such as slips, carbon paper, or any
other medium, on which the access device is
written, printed, embossed, or otherwise
indicated;
(l) Writing or causing to be written on sales slips,
approval numbers from the issuer of the access
device of the fact of approval, where in fact no
such approval was given, or where, if given, what
is written is deliberately different from the
approval actually given;
(m) Making any alteration, without the access device
holder’s authority, of any amount or other
information written on the sales slip;
(n) Effecting transaction, with one or more access
devices issued to another person or persons, to
receive payment or any other thing of value;
(o) Without the authorization of the issuer of the
access device, soliciting a person for the purpose
of:
1) offering an access device; or
2) selling information regarding or an
application to obtain an access device; or
(p) without the authorization of the credit card
system member or its agent, causing or
arranging for another person to present to the
member or its agent, for payment, one or more
evidence or records of transactions made by
credit card.
 Conspiracy to commit access device fraud.
(Section 11) is punishable under this Code.
 Frustrated and attempted access device fraud.
(Section 12) is also punishable.
Accessory to access device fraud. (Section 13)
Any person who, with intent to gain for himself or for
another, buy, receives, possesses, keeps, acquires,
conceals, sells, or disposes of, shall buy and sell, or
in any manner deal in any article, item, object or
anything of value which he knows or should be known
to him, to have been acquired through the use of
counterfeit access device or an unauthorized access
device or an access device know to him to have been
fraudulently applied for, shall be considered as an
accessory to an access device Said person shall be
prosecuted under this Act or under the Anti-Fencing
Law of 1979 (Presidential Decree No. 1612)
whichever imposes the longer prison term as penalty
for the consummated offense.
Presumption and prima facie evidence of intent to
defraud. (Section 14)
 The mere possession, control or custody of:
a. an access device, without permission of the
owner or without any lawful authority;
b. a counterfeit access device;
c. access device fraudulently applied for;
d. any device-making or altering equipment by
any person whose business or employment
does not lawfully deal with the manufacture,
issuance, or distribution of access device.
e. An access device or medium on which an
access device is written, not in the ordinary
course of the possessor’s trade or business,
or
f. A genuine access device, not in the name of
the possessor, or not in the ordinary course
of the possessor’s trade or business,
shall be prima facie evidence that such
device or equipment is intended to be used
to defraud.
 A cardholder who abandons or surreptitiously
leaves the place of employment, business or
residence stated in his application or credit card,
without informing the credit card company of the
place where he could actually be found, if at the
time of such abandonment or surreptitious
leaving, the outstanding and unpaid balance is
past due for at least ninety (90) days and is more
than Ten Thousand pesos (P10,000.00) shall be
prima facie presumed to have used his credit
card with intent to defraud.
CHAPTER SEVEN: CHATTEL MORTGAGE
(ART. 319)
 thereof in the Office of the Register of
ARTICLE 319 Deeds.
REMOVAL, SALE OR PLEDGE OF MORTGAGED
PROPERTY  Damage to the mortgagee is NOT essential

Acts punishable: Distinguished from Estafa (Art. 316)

Art. 319
1. By knowingly removing any personal property
mortgaged under the Chattel Mortgage Law to by Disposing of Encumbered Property
any province or city other than the one in which it ARTICLE 316
ARTICLE 319
is located at the time of execution of the (PAR. 2)
mortgage, without the written consent of the The property involved is The property involved is
mortgagee or his executors, administrators or personal property. real property.
assigns. Selling or pledging of To constitute estafa, it is
personal property already sufficient that the real
Removal of Mortgaged Property pledged or mortgaged is mortgaged be sold as
committed by the mere free, even thought the
Elements: failure to obtain the vendor may have
a. That personal property is mortgaged under consent of the mortgagee obtained the consent of
Chattel Mortgage Law; in writing, even if the the mortgagee in writing.
b. That the offender knows that such property is offender should inform
so mortgaged; the purchaser that the
c. That he removes such mortgaged personal thin sold is mortgaged.
property to any province or city other than The purpose of the law is The purpose is to protect
the one in which it was located at the time of to protect he mortgagee the purchaser, whether
the execution of the mortgage; the first or the second.
d. That the removal is permanent;
e. That there is no written consent of
mortgagee, executors, administrators, or CHAPTER EIGHT: ARSON AND OTHER CRIMES
assigns to such removal. INVOLVING DESTRUCTIONS
(ARTS. 320-326B)
 The removal of the mortgaged personal
property must be coupled with intent to
defraud.
 A third person, other than the mortgagor, ARTICLE 320-326-b
may be held liable REPEALED BY THE PD 1613
PD 1613-AMENDING THE LAW ON ARSON
 If the mortgagee elected to file a suit for
collection, not foreclosure, thereby
Kinds of arson:
abandoning the mortgage as basis for relief,
1. Arson (Sec. 1, PD No. 1613)
the removal of the property is not a violation
2. Destructive arson (Art. 320, as amended by RA
of par 1 of Art. 319
No. 7659)
3. Other cases of arson (Sec. 3, PD No. 1613)
2. By selling or pledging personal property already
pledged, or any part thereof, under the terms of
Arson – when any person burns or sets fire to the
the Chattel Mortgage Law, without the consent of
property of another, or his own property under
the mortgagee written on the back of the
circumstance which expose to danger the life or
mortgage the noted on the record thereof in the
property of another.
office of the register of deeds of the province
where such property is located.
Destructive Arson
Burning of:
Sale or Pledge of Mortgaged Property
1. One (1) or more buildings or edifices, consequent
to one single act of burning, or as a result of
Elements:
simultaneous burnings, committed on several or
a. Personal property is pledged under Chattel
different occasions.
Mortgage Law;
2. Any building of public or private ownership,
b. Offender, who is the mortgagor, sells or
devoted to the public in general or where people
pledges the same property or any part
usually gather or congregate for a definite
thereof;
purpose such as, but not limited to, official
c. No consent of mortgagee written on the back
governmental function or business, private
of the mortgage and noted on the record
transaction, commerce, trade workshop,
 meetings and conferences, or merely incidental
to a definite purpose such as but not limited to
hotels, motels, transient dwellings, public
conveyances or stops or terminals, regardless of
whether the offender had knowledge that there
are persons in said building or edifice at the time
it is set on fire and regardless also of whether the
building is actually inhabited or not.
3. any train or locomotive, ship or vessel, airship or
airplane, devoted to transportation or
conveyance, or for public use, entertainment or
leisure.
4. Any building, factory, warehouse installation and
any appurtenances thereto, which are devoted to
the service of pubic utilities.
5. Any building the burning of which is for the
purpose of concealing or destroying evidence f
another violation of law, or for the purpose of
concealing bankruptcy or defrauding creditors or
to collect from insurance.
There is also destructive arson:
1. When the arson is committed by 2 or more
persons, regardless of whether their purpose is
merely to burn or destroy the building or the
burning merely constitutes an overt act in the
commission of another violation of the law
2. When any person shall burn:
Any arsenal, shipyard, storehouse or military
powder or fireworks factory, ordinance,
storehouse, archives or general museum of the
Government.
In an inhabited place, any storehouse or factory
of inflammable or explosive materials.
Other cases of arson:
Burning of :
1. Any building used as offices of the Government
or any of its agencies.
2. Any inhabited house or dwelling.
3. Any industrial establishment, shipyard, oil, well,
or mine shaft, platform or tunnel.
4. Any plantation, farm, pasture land, growing crop
or grain field, orchard, bamboo grove or forest
5. Any rice mill, sugar mill, cane mill, or mill central.
6. Any railway or bus station, airport, wharf, or
warehouse.
Special aggravating circumstances in arson:
1. If committed with intent to gain.
2. If committed for the benefit of another.
3. If the offender be motivated by spite or hatred
towards the owner or occupant of the property
burned.
4. If committed by a syndicate – planned or carried
out by three or more persons
Prima facie evidence of arson:
1. If the fire started simultaneously in more than one
part of the building or establishment.
2. If substantial amount of flammable substances or
materials are stored within the building not of the
offender nor for the household.
3. If gasoline, kerosene, petroleum or other
flammable or combustible substances or
materials soaked therewith or containers thereof,
or any mechanical, electrical, chemical, or
electronic contrivance designed to start a fire or
ashes or traces of any of the foregoing are found
in the ruins or premises of the burned building or
property.
4. If the building or property is insured for
substantially more than its actual value at the
time of the issuance of the policy.
5. If during the lifetime of the corresponding fire
insurance more than two fires have occurred in
the same or other premises owned or under the
control of the offender and/or insured
6. If shortly before the fire, a substantial portion of
the effects insured and stored in a building or
property had been withdrawn from the premises
except in the ordinary course of business.
7. If a demand for money or other valuable
consideration was made before the ire in
exchange for the desistance of the offender or for
the safety of the person or property of the victim.
Attempted, frustrated or consummated arson:
1. A person, intending to burn a wooden structure,
collects some rags, soaks them in gasoline and
places them beside the wooden wall of the
building. When he is about to light a match to set
fire to the rags, he is discovered by another who
chases him away.
 The crime committed is attempted arson,
because the offender commences the
commission of the crime directly by overt
acts (placing the rags soaked in gasoline
beside the wooden wall of the building and
lighting a match) but he does not perform all
the acts of execution (the setting of fire to the
rags) due to the timely intervention of
another who chases away the offender.
 If the person is able to light or set fire to the
rags but the fire was put out before any part
of the building was burned, it is frustrated.
 But if before the fire was put out, it had
burned a part of the building, it is
consummated.
2. Any charring of the wood of a building, whereby
the fiver of the wood is destroyed, is sufficient to
constitute consummated arson.
 And the mere fact that a building is scorched
or discolored by heat is not sufficient to
constitute consummated arson.
3. Setting fire to the contents of a building
constitutes the consummated crime of setting fire
 of a building, even if no part of the building was
burned.
 The offense is committed by a syndicate if it
is planned or carried out by a group of three
or more persons.
 If a part of the building commences to burn,
the crime is consummated arson, however
small is the portion burned.
 When there is fire, the crime committed is
either frustrated or consummated arson,
never attempted.
 Mere conspiracy to commit arson is
punishable under PD 1613.
 There is no complex crime or arson with
homicide. The crime of homicide is
absorbed.
CHAPTER NINE: MALICIOUS MISCHIEF
(ARTS. 327-331)
ARTICLE 327
MALICIOUS MISCHIEF
Elements:
1. That the offender deliberately caused damage to
the property of another;
2. That such act does not constitute arson or other
crimes involving destruction;
3. That the act of damaging another’s property be
committed merely for the sake of damaging it.
 This third element presupposes that the offender
acted due to hate, revenge or other evil motive.
This crime cannot be committed thru reckless
imprudence or thru violence in the course of a
fight.
 If there is no malice in causing the damage, the
obligation is only civil.
 Damage means not only loss but also a
diminution of what is a man’s own. Thus, damage
to another’s house includes defacing it.
 It is theft when there is intent to gain as when the
offender removes or makes use of the fruits or
objects of the damage. (Art. 308, Par 2)
ARTICLE 328
SPECIAL CASES OF MALICIOUS MISCHIEF
1. Causing damage to obstruct the performance of
public functions;
2. Using poisonous or corrosive substances;
3. Spreading any infection or contagion among
cattle;
4. Causing damage to the property of the National
Museum or National Library or to any archive or
registry, waterworks, road, promenade, or any
other thing used in common by the public.
 These are call QUALIFIED MALICIOUS
MISCHIF
 The mischief mentioned in the first clause (no. 1)
is to be distinguished from sedition (Art. 139) in
that the element of public uprising and
tumultuous uprising is not present in this crime.
ARTICLE 329
OTHER MISCHIEFS
Mischiefs NOT included in the next preceding article
and are punished according to the value of damage
caused.
ARTICLE 330
DAMAGE AND OBSTRUCTION TO MEANS OF
COMMUNICATION
Person liable: Any person who shall damage any
railway, telegraph or telephone lines.
Qualifying circumstance: Damage shall result in the
derailment of cars, collision or other accident.
 Art. 330 does NOT apply when the telegraph or
telephone do not pertain to railways.
ARTICLE 331
DESTROYING OR DAMAGING STATUES, PUBLIC
MONUMENTS OR PAINTINGS
Persons liable:
1. Any person who shall destroy or damage statues
or any other useful or ornamental public
monuments.
2. Any person who shall destroy or damage any
useful or ornamental painting of a public nature.
CHAPTER TEN: EXEMPTION FROM CRIMINAL
LIABILITY IN CRIMES AGAINST PROPERTY
(ART. 332)
ARTICLE 332
PERSON EXEMPTION FROM CRIMINAL LIABILITY
Crimes involved in the exemption:
1. Theft
2. Swindling
3. Malicious Mischief
Persons exempted:
1. Spouses, ascendants and descendants, or
relatives by affinity on the same line.
2. The widowed spouse with respect to the
deceased spouse before the same shall have
passed to the possession of another.
3. Brothers and sisters an brothers in law and
sisters in law, if living together.
Stepfather, adopted father, natural children,
concubine, paramour included as ascendants by
affinity.
Also applies to common-law spouses.
No criminal liability but only civil liability shall result
from the commission of any of the said crime.
Note: The exemption does not apply if the crimes of
theft, swindling and malicious mischief are complexed
with another crime.
TITLE ELEVEN:
CRIMES AGAINST CHASTITY
Crimes against chastity are also referred to as private
crimes, or crimes which cannot be prosecuted de
oficio, because of the requirement that the
prosecution thereof be upon a sworn written
complaint of the offended party or certain persons
authorized by law.
The crimes against chastity which cannot be
prosecuted de oficio are:
a. Adultery (Art. 333)
b. Concubinage (Art 334)
c. Act of lasciviousness with or without consent
(Arts. 336, 339)
d. Seduction whether qualified or simple (Arts. 337,
338), and
e. Abduction which may be forcible or consented
(Arts. 342, 343)
But corruption of minors (Art. 340) and white slave
trade (Art. 341) can be prosecuted de oficio.
ARTICLE 333
ADULTERY
Elements:
1. That the woman is married;
2. That she has sexual intercourse with a man not
her husband
3. That as regards the man with whom she has
sexual intercourse he must know her to be
married:
 Adultery is committed even if the marriage is
subsequently declared void.
 The death of the paramour will not bar
prosecution against the unfaithful wife,
because the requirement that both offenders
be included in the complaint is absolute only
when the offenders are alive.
 The death of the offended party will not
terminate the proceedings.
 Each occasion of sexual intercourse
constitutes a crime of adultery.
 The criminal liability is mitigated when
adultery is committed while abandoned by
spouse without justification
 A married man who does not know of the
married status of the woman may be liable
for concubinage, if he appears to be guilty of
any of the acts defined in Art. 334.
Requirements of pardon:
1. Must come before the institution of the criminal
prosecution;
2. Both offenders must be pardoned.
There is an implied pardon:
Act of intercourse with offending spouse subsequent
to the adulterous conduct
 When there is consent, whether implied or
expressed, of the husband, he cannot institute a
criminal complaint for adultery.
 Under the law there can be no accomplice in the
crime of adultery, although in fact there can be
such an accomplice.
Recrimination – husband’s illicit relationship does
not absolve but may mitigate wife’s liability for
adultery.
ARTICLE 334
CONCUBINAGE
Elements:
1. That the man must be married;
2. That he committed any of the ff. acts:
a. Keeping a mistress in the conjugal dwelling.
(mistress must live therein as such)
b. Having sexual intercourse under scandalous
circumstances with a woman who is not his
wife (proof of actual sexual relations not
required as long as it can be inferred)
c. Cohabiting with her in any other place; (as
husband and wife)
3. As regards to the woman, she must know him to
be married.
Conjugal dwelling means the home of the husband
and wife even if the wife happens to be temporarily
absent on any account.
Scandalous circumstances are not necessary to make
a husband guilty of concubinage by keeping a
mistress in the conjugal dwelling.

Scandal consists in any reprehensible word or deed
that offends public conscience, redounds to the
detriment of the feelings of honest persons, and gives
occasion to the neighbor’s spiritual damage or ruin.
Cohabit means to dwell together, in the manner of
husband and wife, for some period of time, as
distinguished from occasional transient interviews for
unlawful intercourse.
Adultery is more severely punished than
concubinage.
Reason: Because adultery makes possible the
introduction of another man’s blood into the family so
that the offended husband may have another man’s
son bearing his (husband’s) name and receiving
support from him.
(Art. 335 has been repealed by RA No. 8353 (Anti-
Rape Law of 1997) effective Oct. 22, 1997. Provisions
on Rape are found in Arts. 266-A to 266-D under
Crimes Against Persons)
CHAPTER TWO: ACTS OF LASCIVIOUSNESS
Manner of commission is the same.
The performance of lascivious character is common to
both.
 What constitutes lewd or lascivious conduct must
be determined from the circumstances of each
case. The presence or absence of the lewd
designs is inferred from the nature of the acts
themselves and the environmental
circumstances.
 There can be no attempted and frustrated acts of
lasciviousness.
 In People v. Jalosjos (GR. No. 132376-279, Nov.
16, 2001), the SC adopted the definition of
“lascivious conduct” in Sec. 32, Art. XII of the
Implementing Rules and Regulations of RA 7610,
which reads as follows:
 “The intentional touching, either directly or
through clothing, of the genitalia, anus, groin,
breast, inner thigh or buttocks; or the
introduction of any object into the genitalia,
anus or mouth of any person, whether of the
same or opposite sex, with an intent to
abuse, humiliate, harass, degrade, or arouse
or gratify the sexual desire of any person;
bestiality, masturbation, lascivious exhibition
of the genitals or pubic area of a person.”

Elements:
1. That the offender commits any act of CHAPTER THREE: SEDUCTION, CORRUPTION OF
lasciviousness or lewdness; MINORS, AND WHITE SLAVE TRADE
2. that the act of lasciviousness is committed (ARTS. 337-341)
against a person of EITHER sex;
3. That it is done under any of the following ARTICLE 337
circumstances: QUALIFIED SEDUCTION
a. By using force or intimidation
b. When the offended party is deprived of Two classes:
reason or otherwise unconscious 1. Seduction of a virgin over 12 years and under 18
c. By means of fraudulent machination or grave years of age by persons who abuse their
abuse of authority authority or the confidence reposed.
d. When the offended party is under 12 years 2. Seduction of a sister by her brother or
of age or is demented. descendant by her ascendant, regardless of her
age and reputation.
 The crime is unjust vexation in the absence of
any of the above mentioned circumstances Elements:
(Circumstances of rape) 1. That the offended party is a virgin;
2. She must be over 12 and under 18 years of age;
ACTS OF 3. That the offender had sexual intercourse with
ATTEMPTED RAPE her;
LASCIVIOUSNESS
The acts performed by There is no intent to have 4. That there is abuse of authority, confidence or
offender clearly indicate sexual intercourse. relationship on the part of the offender.
that his purpose was to
lie with the offended Virgin – refers to a woman of chaste character or a
woman, it is attempted woman of good reputation. Virginity in this sense does
not mean physical virginity.
The lascivious acts are The lascivious acts are
but the preparatory acts the final objective sought  Virginity is presumed if the woman is unmarried
to the commission of by the offender. and of good reputation.
rape.
The following are the OFFENDERS:
1. Those who abused their authority: 1. That the offender commits acts of lasciviousness
a. Persons in public authority: or lewdness;
b. Guardian 2. That the acts are committed upon a woman who
c. Teacher is a virgin or single or a widow of good reputation,
d. Person who, in any capacity, en entrusted under 18 years of age but over 12 years, or a
with the education or custody of the woman sister or descendant regardless of her reputation
seduced or age;
2. Those who abused confidence reposed in them: 3. That the offender accomplishes the acts by
a. Priest abuse of authority, confidence, relationship or
b. House servant deceit.
c. Domestic
3. Those who abused their relationship:
a. Brother who seduced his sister
b. Ascendant who seduced his descendant Art. 336 and 339 Compared
ART. 336 ARTICLE 339
 A “domestic” is different from a house servant, it
means any person living under the same roof as The acts are committed The acts of
a member of the same household, and includes under circumstances lasciviousness are
boarders or house-guests but not transients or which, had there been committed under the
visitors. carnal knowledge, would circumstances which, had
 The fact that the girl gave her consent to the amount to rape there been carnal
sexual intercourse is no defense. In the same knowledge, would
way, lack of consent of the girl is not an element amount to either qualified
of the offense. seduction or simple
 The seduction of a sister or descendant is known seduction
as incest. Virginity of the sister or descendant is The offended party is a The offended party
not required and she may be over 18 years of female or a male should only be female
age. Relationship must be by consanguinity. The Both treat of acts of lasciviousness
relationship need not be legitimate.

 There is an oversight in the law where the victim

ARTICLE 338
SIMPLE SEDUCTION
Elements:
1. That the offended party is over 12 and under 18
years of age;
2. That she must be of good reputation, single or
widow;
3. That the offender has sexual intercourse with her;
4. That it is committed by means of deceit
 Deceit generally takes the form of unfulfilled
promise of marriage.
 It is not required in simple seduction that the
victim be a virgin.
 The gist of qualified seduction is the abuse of
authority, confidence, or relationship as the
means of committing the crime. In simple
seduction, it is the use of deceit. But in both kinds
of seduction, there must be sexual intercourse.
ARTICLE 339
ACTS OF LASCIVIOUSNESS WITH THE CONSENT
OF THE OFFENDED PARTY
is exactly 12 years of age. If the victim is below
12, the crime will be rape, or unconsented acts of
lasciviousness or forcible abduction. Hence Art.
339 stating “over 12 years of age” should be
construed AS TWELVE YEARS OF AGE AND
OVER, thus construing the doubt in favor of the
accused.
ANTI-SEXUAL HARRASMENT ACT
(R.A. NO. 7877)
Persons Penalized:
Employer, employee, manager, supervisor, teacher,
professor, instructor, coach, trainor, or any other
person having authority, influence, or moral
ascendancy over another in a work, education or
training-related environment.
Prohibited Acts:
Demanding, requesting, or otherwise requiring any
sexual favor from the other, regardless of whether the
demand, request, or requirement is accepted by the
object of the act.

Elements: ARTICLE 340

CORRUPTION OF MINORS
 (AS AMENDED BY BP 92) area under circumstances which would lead a
reasonable person to believe that the child is
Prohibited acts – to promote or facilitate the about to be exploited in prostitution and other
prostitution or corruption of persons under age to sexual abuse.
satisfy the lust of another.  There is also an attempt to commit child
 Under age means under 18 years of age. prostitution, under paragraph (b) of Section 5
 The victim must be of good reputation and not a hereof when any person is receiving services
prostitute or corrupted person from a child in a sauna parlor or bath, massage
clinic, health club and other similar
Special Protection of Children Against Child establishments.
Abuse Act (R.A. 7610) – child prostitution and
attempt to commit child prostitution are punished
under this Act.
ARTICLE 341
Sec. 5. Child Prostitution and other Sexual Abuse – WHITE SLAVE TRADE
Children whether male or female, who for money,
profit or other consideration or due to the coercion or Prohibited Acts:
influence of any adult syndicate or group, indulge in 1. Engaging in the business of prostitution;
sexual intercourse or lascivious conduct are deemed 2. Profiting by prostitution;
to be children exploited in prostitution and other 3. Enlisting the services of women for the purpose
sexual abuse. of prostitution.

Persons Liable :
CORRUPTION OF
1. Those who engage in or promote, facilitate or WHITE SLAVE TRADE
MINORS
induce child prostitution which include, but are
not limited to the following: It is essential that victims Minority need not be
a. Acting as a procurer of a child prostitute; are minors involved
b. Inducing a person to be a client of a child May have victims of Limited only to females
prostitute by means of written or oral either sex
advertisements or other similar means; May not necessarily be Generally for profit
c. Taking advantage of influence or relationship for profit
to procure a child as a prostitute; Committed by a single Generally committed
d. Threatening or using violence towards a act habitually
child to engage him/her as a prostitute
e. Giving monetary consideration, goods or  The first two modes require the element of profit
other pecuniary benefit to a child with the and habituality. In the third mode, the profit
intent to engage such child in prostitution. motive is not required. (Regalado)
2. Those who commit the act of sexual intercourse
 White slave trade may be with or without the
or lascivious conduct with a child exploited in
consent of the woman, while slavery for the
prostitution or subjected to other sexual abuse.
purpose of assigning the woman to immoral
3. Those who derive profit or advantage therefrom
traffic (Art. 272) is committed against her will.
whether as manager or owner of the
establishment where the prostitution takes place
or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a CHAPTER FOUR: ABDUCTION ARTS. 342-343
cover or which engages in prostitution in addition
to the activity for which the license has been Abduction – is meant the taking away of a woman
issued to said establishment. (Sec. 5, RA 7610) from her house or the place where she may be for the
purpose of carrying her to another place with intent to
Note: There is also a crime of attempted child marry or corrupt her.
prostitution under sec 5 par 1 and 2 of RA 7610. (Sec.
6, RA 7610) Two kinds of abduction:
 There is an attempt to commit child prostitution 1. Forcible abduction (Art. 342)
under Section 5, paragraph (a) hereof when any 2. Consented abduction (Art. 343)
person who, not being a relative of a child, is
found alone with the said child inside the room or
cubicle of a house, an inn, hotel, motel, pension ARTICLE 342
house, apartelle or other similar establishments, FORCIBLE ABDUCTION
vessel, vehicle or any other hidden or secluded
Elements:
1. That the person abducted is a woman; regardless
of her age, civil status, or reputation;
2. That the abduction is against her will;
3. That the abduction is with lewd design.
GRAVE COERCION/
FORCIBLE ABDUCTION
KIDNAPPING
With lewd design No lewd design
There is no deprivation of There is deprivation of
liberty liberty
 Conviction of acts of lasciviousness is NOT a bar
to conviction of forcible abduction
 Attempted Rape is absorbed by Forcible
Abduction as the former constitutes the element
of lewd design
 If girl is under 12 – crime is ALWAYS FORCIBLE
ABDUCTION even if she voluntarily goes with
her abductor.
 Sexual intercourse is not necessary in forcible
abduction. The intent to seduce the girl is
sufficient.
ARTICLE 343
CONSENTED ABDUCTION
Elements:
1. That the offended party must be a virgin;
2. That she must be over 12 and under 18 years of
age;
3. That the taking away of the offended party must
be with her consent after solicitation or ---- from
the offender
4. That the taking away of the offended party must
be with lewd designs.
Crimes against chastity where age and reputation
of the victim are immaterial
1. Acts of lasciviousness against the will of the
offended party or against a sister of descendant.
2. Qualified Seduction of sister or descendant.
3. Forcible Abduction.
CHAPTER FIVE: PROVISIONS RELATING TO THE
PRECEDING CHAPTERS OF TITLE ELEVEN
(ARTS. 344-346)
ARTICLE 344
PROSECUTION OF THE CRIMES OF ADULTERY,
CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE
AND ACTS OF LASCIVIOUSNESS
1. Adultery and concubinage must be prosecuted
upon the complaint signed by the offended
spouse. (an in the absence of an express or
implied pardon)
2. Seduction, abduction and acts of lasciviousness
must be prosecuted upon the complaint signed
by: (and in the absence of an express pardon)
a. Offended party
i. Even if a minor
ii. If of legal age and not incapacitated,
only she can file complaint
If minor or incapacitated and refuses to file
either of the next succeeding persons may
file:
b. Either of the parents
c. Either of the grandparents whether paternal
or maternal side
d. Legal or judicial guardians
e. The State, as parens patriae when the
offended party dies or becomes
incapacitated before she could file the
complaint and she has no known parents,
grandparents or guardians.
 Pursuant to R.A No. 8353, rape is now a crime
against persons, which may be prosecuted de
oficio.
 In Adultery and concubinage, the offended party
must institute the criminal prosecution against
both the guilty parties, if they are alive.
 The right to file the action granted to the parent,
grandparent or guardian shall be exclusive of all
other persons and shall be exercised
successively in the order provided by law.
 Pardon in adultery and concubinage must
come before the institution of the criminal
action and both offenders must be pardoned
by the offended party if said pardon is to be
effective.
 Pardon in seduction must also come before
the institution of the criminal action.
 Condonation is not pardon in concubinage or
adultery – any subsequent act of the
offender showing that there was no
repentance will not bar the prosecution of the
offense.
 Pardon by the offended party who is a minor
must have the concurrence of parents – except
when the offended party has no parents.
 Marriage of the offender with the offended party
in seduction, abduction and acts of
lasciviousness extinguishes criminal action or
remits the penalty already imposed, and it
benefits the co-principals, accomplices and
accessories. In rape, it extends only as to the
principal.
ARTICLE 345
CIVIL LIABILITY OF PERSONS GUILTY OF
CRIMES AGAINST CHASTITY

Persons who are guilty of rape, seduction, or
abduction shall also be sentenced:
1. To indemnify the offended party.
2. To acknowledge the offspring, EXCEPT:
a. In adultery and concubinage since only a
natural child may be acknowledged
b. Where either the offended party or the
accused is married
c. When paternity cannot be determined as in
multiple rape
d. Other instances where the law should
prevent the offender from doing so;
In every case to support the offspring.
Note: Under the Family Code, children are classified
as only either legitimate or illegitimate, with no further
positive act required from the parent, as the law itself
provides the child’s status. Natural children under the
Civil Code, fall within the classification of illegitimate
children under the Family Code.
 Art. 176 of the Family Code confers parental
authority over illegitimate children on the mother
and provides their entitlement to support in
conformity with the Family Code.
ARTICLE 346
LIABILITY OF ASCENDANTS GUARDIANS,
TEACHERS OR OTHER PERSONS ENTRUSTED
WITH THE CUSTODY OF THE OFFENDED PARTY
Persons who cooperate as accomplices but are
punished as principals in rape, seduction, abduction,
acts of lasciviousness, acts of lasciviousness with the
consent of the offended party, corruption of minors,
white slave trade:
a. ascendants;
b. guardians;
c. curators, teachers, and
d. any person, who cooperates as accomplice with
abuse of authority or confidential relationship.
 Persons who at as accomplices in crimes against
chastity (EXCEPT adultery and concubinage
where there can be no accomplices or
accessories), shall be punished as principals.
 In addition, teachers or persons entrusted with
education and guidance of the youth are
penalized with disqualification.
 Furthermore, al those falling within the terms of
this article shall be punished with special
disqualification from the office of guardian.
TITLE TWELVE: CRIMES AGAINST THE CIVIL
STATUS OF PERSONS
CHAPTER ONE: SIMULATION OF BIRTHS AND
USURPATION OF CIVIL STATUS
ARTICLE 347
SIMULATION OF BIRTHS, SUBSTITUTION OF ONE
CHILD FOR ANOTHER, CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE CHILD
Acts punished:
1. Simulation of births;
2. Substitution of one child for another; and
3. Concealing or abandoning any legitimate child
with intent to cause such child to lose its civil
status.
 Object of the crime under ART. 347 is the
creation of false or the causing of the loss of civil
status.
 Simulation of births take place when the woman
pretends to be pregnant when in fact she is not,
and on the day of the supposed deliver, takes the
child of another as her own.
 The simulation which is a crime is that which
alters the civil status of person.
 The woman who simulates birth and the one who
furnishes the child are both liable as principals.
The unlawful sale of the child by its father was held to
be not punishable under this Code (US vs. Capillo et.
al., 30 Phil 349). Now, it is punishable under PD 603,
with its Art. 59(3) which imposes 2-6 months
imprisonment and/or P500.00 fine. Furthermore, if the
accused shall engage in trading and dealing with
children, including the act of buying and selling of
child, that crime of child trafficking is punished with
reclusion temporal to reclusion perpetua under Sec.
7, R.A. No. 7610.
In the third way of committing this crime, three
requisites must be present, namely:
1. The child must be legitimate;
2. the offender conceals or abandons such child;
and
3. The offender has the intent to cause such child to
lose its civil status.
Art. 276 (Abandoning a Minor)
Distinguished from Art. 347
ART. 276 ART. 347
Crimes against security Crime against the civil
status of a person
The offender must be the The offender is any
one who has the custody person
to the child
The purpose of the The purpose is to cause
offender is to avoid the the child to lose its civil
obligation of rearing and status.
caring for the child1

ARTICLE 348
USURPATION OF CIVIL STATUS
 Usurping the civil status of another is committed
by assuming the filiation, or the parental or
conjugal rights of another with intent to enjoy the
rights arising from the civil status of the latter.
 Crime is qualified if the purpose is to defraud
offended parties and heirs.
It is absolutely necessary in order to constitute this
crime that the intent of the offender is to enjoy the
rights arising form the civil status of the person
impersonated. Otherwise, the case will only be a
violation of Art. 178 for using a fictitious name or as
estafa under Art. 315.
Example, where the intent of such usurpation is
merely to enjoy or use the usurped civil rights, as by
using another’s license or getting a cedula in
another’s name to avoid military service or to get a
passport, it would not be punishable under this article
(Cuello Galor Codigo Penal, 10th edition, p. 670).The
offender could be liable for using fictitious name (Art.
178) or estafa if the intended to defraud third persons
(Art. 315), or possible perjury or falsification
depending on the acts he performed in connection
with his intended offense.
CHAPTER TWO: ILLEGAL MARRIAGES
(ARTS. 349-352)
ARTICLE 349
BIGAMY
Elements:
1. That the offended is legally married;
2. That the marriage has not been dissolved or, in
case the spouse is absent the absent spouse
could not yet be presumed dead according to the
Civil Code;
3. That he contracts a second marriage or
subsequent marriage; and
4. That the second or subsequent marriage has all
the essential requisites for validity
 A person convicted of bigamy may still be
prosecuted for concubinage.
 The death of the first spouse during the
pendency of the bigamy case does not extinguish
the crime, because when the accused married
the second spouse the first marriage was still
subsisting.
 The second spouse who knew of the first
marriage is an accomplice, as well as the person
who vouched for the capacity of either of the
contracting parties.
 The prescriptive period for the crime of bigamy
does not commence from the commission thereof
but from the time of its discovery by the
complainant spouse. While, it may be conceded
that the bigamous marriage was celebrated
publicly in church and recorded in the Office of
the Civil Registrar, the rule on constructive notice
cannot apply. (Regalado, Criminal Law
Conspectus).
ARTICLE 350
MARRIAGE CONTRACTED AGAINST PROVISIONS
OF LAWS
(Illegal Marriage)
Elements:
1. That the offender contracted marriage
2. That he knew at the time that
a. The requirements of the law were not
complied with; or
b. The marriage was in disregard of a legal
impediment.
 The offender must not be guilty of bigamy.
Qualifying circumstance: If either of the contracting
parties obtains the consent of the other by means of
violence, intimidation or fraud.
 Conviction of a violation of Art. 350 involves
moral turpitude. The respondent is disqualified
from being admitted into the bar.
ARTICLE 351
PREMATURE MARRIAGES
1. A widow who married within 301 days from the
date of the death of her husband, or before
having delivered if she is pregnant at the time of
his death.
2. A woman whose marriage having been annulled
or dissolved, married before delivery or before
expiration of the period of 301 days after the date
of legal separation.
 Period may be disregarded if the first husband
was impotent or sterile or if the woman was
pregnant before the death of the first husband
and gave birth within the said period.
 The period of 301 day is important only in cases
where the woman is not pregnant, or does not
know that she is pregnant at the time she
becomes a widow. If she is pregnant at the time
she becomes a widow, the prohibition is good
only up to delivery.

Since the purpose of this article is to avoid cases of
doubtful paternity, the woman will not be liable
thereunder if: (a) she has already delivered; and (b)
she has conclusive proof that she was not pregnant
by her first spouse since he was permanently sterile
(People vs. Masinsin, CA, 49 OG 3908)
ARTICLE 352
PERFORMANCE OF ILLEGAL MARRIAGES
 Priests or ministers of any religious denomination
or sect, or civil authorities who shall perform or
authorize any legal marriage ceremony shall be
punished under the Marriage Law.
 Art. 352 presuppose that the priest or minister or
civil authority is authorized to solemnize
marriage. If the accused is not authorized t
solemnize marriage and he performs an illegal
marriage ceremony, he is liable under Art. 177
(Usurpation of authority or public function).
The solemnizing officer of any of the foregoing illegal
marriages who performs or authorizes the same,
despite his knowledge of the illegality, shall be
punishable under Sec. 39 of Act. No. 3613.
TITLE THIRTEEN:
CRIMES AGAINST HONOR
CHAPTER ONE: LIBEL (ARTS. 353-362)
SECTION ONE: DEFINITIONS, FORMS, AND
PUNISHMENT OF THIS CRIME
ARTICLE 353
LIBEL
Elements:
1. That, there must be an imputation of a crime, or a
vice or defect, real or imaginary, or any act,
omission, condition, status or circumstance;
2. That the imputation must be made publicly;
3. That it must be malicious;
4. That the imputation must be directed at a natural
person or a juridical person, or one who is dead;
5. That the imputation must tend to cause the
dishonor, discredit, or contempt of the person
defamed.
Test of defamatory imputation:
It is what the article conveyed to a fair and reasonable
man that should be considered, not the intent of the
writer.
Imputation may cover:
1. Crime allegedly committed by the offended party;
2. Vice or defect, real or imaginary, of the offended
party;
Any act, omission, condition, status or, or
circumstances relating to the offended party
Dishonor – means disgrace, shame, ignominy
Discredit – means loss of credit or reputation;
disesteem.
Contempt – means state of being despised.
Two types of malice:
1. Malice in fact – shown by proof of ill-will, hatred,
or purpose to injure; also known as EXPRESS
MALICE.
2. Malice in law – presumed to be malicious from
the defamatory imputation even if it is true; proof
is not required because it is presumed to exist
from the defamatory imputation.
When the communication is PRIVILEGED, malice is
not presumed from the defamatory words. Malice (in
fact) must be proved.
GUIDELINES WHEN SEVERAL PERSONS ARE
DEFAMED:
1. If the defamation is made on different occasions
or by independent acts, there are as many crimes
of libel as there are persons directly addressed
with such statements or directly referred to.
2. If the defamation is made on a single occasion:
a. Where the same was directed at a class or
group of numerous persons in general terms
only without any particular person being
directly addressed, there is no victim
identified or identifiable, hence no actionable
libel.
b. If the statement is so sweeping or all
embracing as to apply to every individual in
that group or class so that each individual
therein can prove that the defamatory
statement specifically pointed to him, he can
bring his action separately.
c. If several identifiable victims are libeled in a
single article, there are as many crimes of
libel as there are persons defamed.
ARTICLE 354
REQUIREMENT FOR PUBLICITY
Every defamatory imputation is presumed to be
malicious, even if it be true.
The presumption is rebutted if it is shown by the
accused that –
1. The defamatory imputation is true, in case the
law allows proof of the truth of the imputation
(see Art. 361);
2. It is published with good intention;
3. There is justifiable motive for making it.
Malice is NOT presumed in the following cases
involving qualifiedly privileged communication:
1. Private communication made by any person for
another in the performance of any legal, moral or
social duty.
2. A fair and true report made in good faith, without
any comments or remarks of any judicial,
legislative or other proceedings which are not of
confidential nature or of any statement, report, or
speech delivered in said proceedings or of any
other act performed by public officers in the
exercise of their functions.
Requisites of the first kind of privileged
communication:
1. That the person who made the communication
had a legal, moral or social duty to make the
communication, or, at least, he had an interest to
be upheld.
2. That the communication is addressed to an
officer or a board, or superior, having some
interest or duty in the matter.
3. That the statements in the communication are
made in good faith.
 The defense of privileged communication will be
over come if it is shown that (1) the defendant
acted with malice in fact, or (2) there is no
reasonable ground for believing the charge to be
true.
Requisites of the second kind of privileged
communication:
1. That it is fair and true report of a judicial,
legislative, or other official proceedings which are
not of a confidential nature, or of a statement,
report or speech delivered in said proceedings, or
of any other act performed by a public officer in
the exercise of his functions;
2. That it is made in good faith;
3. That it is without any comments or remarks.
 Therefore, qualified privileged communications
must be made with malice and bad faith in order
to be actionable.
An absolutely privileged communication is not
actionable even if made in bad faith. Specifically
recognized in the Constitution as absolutely
privileged are statements made in official
proceedings of Congress by members thereof, as
an implementation of their parliamentary
immunity.
Statements made in judicial proceedings are
privileged but only if pertinent or relevant to the
case involved.
THE ANTI-WIRE TAPPING ACT
(R.A. No. 4200)
Unlawful acts by any person or participant, not
authorized by all the parties to any private
communication or spoken word:
1. To tap any wire or cable.
2. To use any other device or arrangement to
secretly overhear, intercept or record such
communication by using a deice known as
Dictaphone, dictagraph, detectaphone, walkie-
talkie or tape-recorder.
3. To knowingly possess any tape/wire or disc
record of any communication or spoken word or
copies thereof.
4. To replay the same for any person or persons.
5. To communicate the contents thereof, verbally or
in writing.
6. To furnish transcriptions thereof, whether
complete or partial.
Exception: When a peace officer is authorized by
written order from the court.
Any recording, communication or spoken word
obtained in violation of the provisions of this Act –
INADMISSIBLE IN EVIDENCE in any judicial, quasi-
judicial or administrative hearing or investigation.
ARTICLE 355
LIBEL BY MEANS OF WRITINGS
OR SIMILAR MEANS
Committed by means of:
1. Writing
2. Printing
3. Lithography
4. Engraving
5. Radio
6. Phonograph
7. Painting
8. Theatrical exhibition
9. Cinematographic
10. Or any similar means
Defamation through amplifies system is slander not
libel.
If defamatory remarks are made in the heat of
passion which culminated in a threat, the derogatory
statements will not constitute an independent crime of
libel but a part of the more serious crime of threats.
Administrative Circular No. 11-2008 issued on
January 25, 2008, laid down a rule of preference for
the imposition of a fine only rather than imprisonment
in libel cases. The Administrative Circular provides
that:
1. It does not remove imprisonment as an
alternative penalty for the crime of libel under
Article 355 of the Revised Penal Code;
2. The Judges may, in the exercise of sound
discretion, and taking into consideration the
peculiar circumstances of each case, determine
whether the imposition of a fine alone would best
serve the interests of justice or whether for
bearing to impose imprisonment would
depreciate the seriousness of the offense work
violence on the social order, or otherwise be
contrary to the imperatives of justice;
3. Should only a fine be imposed and the accused
be unable to pay the fine there is no legal
obstacle to the application of the Revised Penal
Code provisions on subsidiary imprisonment.
ARTICLE 356
THREATENING TO PUBLISH AND OFFER TO
PREVENT SUCH PUBLICATION FOR A
COMPENSATION
Acts Punished:
1. Threatening another to publish a libel concerning
him, or his parents, spouse, child or other
members of the family.
2. Offering to prevent the publication of such libel
for compensation or money consideration
 This is also known as blackmail. Art. 283
regarding light threats is another form of
blackmail.
 Blackmail may be defined as any lawful extortion
of money by threats of accusation or exposure.
 It is essential that the threat to publish, or to offer
to prevent the publication of libel must be for a
compensation or money consideration, in order it
may be penalized under this Article
 Blackmail is possible in the following crimes:
1. Light threats. (Art. 283)
2. Threatening to publish, or offering to prevent
the publication of, a libel for compensation.
(Art 356)
ARTICLE 357
PROHIBITED PUBLICATION OF ACTS REFERRED
TO IN THE COURSE OF OFFICIAL PROCEEDINGS
Elements:
1. That the offender is a reporter, editor or manager
of a newspaper, daily or magazine;
2. He publishes facts connected with the private life
of another;
3. Such facts are offensive to the honor, virtue and
reputation of said person.
 This article is referred to as the Gag Law
because while a report of an official proceeding is
allowed, it gags those who would publish therein
facts which this article prohibits, and punishes
any violation thereof.
 The Gag Law prohibits the publication of cases
relating to adultery, divorce, legitimacy of
children, etc.
Under Republic Act No. 1477:
A newspaper reporter cannot be compelled to revel
the source of the news report he made, unless the
court or a House or committee of Congress finds that
such revelation is demanded by the security of the
state.
ARTICLE 358
SLANDER (ORAL DEFAMATION)
Kinds:
1. Simple slander
2. Grave slander, when it is of a serious and
insulting nature
Factors that determine the gravity of the oral
defamation:
1. Expressions used;
2. Personal relations of the accused and the
offended party;
3. Circumstances surrounding the case;
4. Social standing and position of the offended
party.
 The slander need not be heard by the
offended party.
Note: Gossiping is considered as oral defamation if a
defamatory fact is imputed or intriguing against honor
if there is no imputation.
ARTICLE 359
SLANDER BY DEED
Slander by deed – is a crime committed by
performing any act which casts dishonor, discredit or
contempt upon another person.
Elements:
1. That the offender performs any act not included
in any other crime against honor;
2. That such act cast dishonor, discredit or
contempt upon the offended party. INCRIMINATING
DEFAMATION
If there is no intent to dishonor the offended party, INNOCENT PERSONS
the crime is maltreatment by deed under Article Offender does not avail Imputation is public and
266. himself of written or malicious calculated to
spoken word in cause dishonor, discredit,
Slander by deed is of two kinds: besmirching the victim’s or contempt upon the
1. Simple slander by deed reputation offended party.
2. Grave slander by deed, that is, which is of a
serious nature.

Common Element of Slander by deed and Unjust ARTICLE 362

Vexation: Irritation or Annoyance;
Without any other concurring factor, it is only Unjust
Vexation, if the purpose is to shame or humiliate,
Slander by deed
SECTION TWO: GENERAL PROVISIONS
ARTICLE 360
PERSONS RESPONSIBLE FOR LIBEL
1. The person who publishes, exhibits or causes the
publication or exhibition of any defamation in
writing or similar means.
2. The author or editor of a book or pamphlet.
3. The editor or business manager of a daily
newspaper magazine or serial publication.
4. The owner of the printing plant which publishes a
libelous article with his consent and ail other
persons who in any way participate in or have
connection with its publication.
LIBELOUS REMARKS
Libelous remarks or comments connected with the
matter privileged under the provisions of Art. 354, if
made with malice, shall not exempt the author thereof
nor the editor or managing editor of a newspaper from
criminal liability.
CHAPTER TWO: INCRIMINATORY MACHINATIONS
(ART. 363-364)
ARTICLE 363
INCRIMINATING INNOCENT PERSONS
Elements:
1. That the offender performs an act;
2. That by such act he directly incriminates or
imputes to an innocent person the commission of
a crime;
3. That such act does not constitute perjury

ARTICLE 361 INCRIMINATING PERJURY BY MAKING

PROOF OF TRUTH INNOCEN PERSONS FALSE ACCUSATIONS
Limited to the act of Giving of false statement
When proof of the truth is admissible in a charge planting evidence and under oath or making a
for libel: the like in order to false affidavit, imputing to
1. When the act or omission imputed constitutes a incriminate an innocent the person the
crime regardless of whether the offended party is person commission of a crime
a private individual or a public officer.
2. When the offended party is a Government
employee, even I the imputation does not ARTICLE 364
constitute a crime, provided it is related to the INTRIGUING AGAINST HONOR
discharge of his official duties.
Committed by any person who shall make any
 The proof of truth of the accusation cannot be intrigue which has for its principal purpose to blemish
based upon mere hearsay, rumors or suspicion. It the honor or reputation of another.
must be positive, direct evidence upon which a
definite finding may be made by the court. This refers to such intrigues against a person’s honor
or reputation which are not otherwise punished under
Defense in Defamation: other articles of the code. It differs from defamation in
1. It appears that the matters charged as libelous is that it consists of tricky or secret plot and may be
true; committed without using written or spoken words
2. It was published with good motives; and which are defamatory.
3. For a justifiable end.
 TITLE FOUR: -----
SOLE CHAPTER: CRIMINAL NEGLIGENCE
(ART. 365)
ARTICLE 365
IMPRUDENCE AND NEGLIGENCE
Four ways of committing quasi offenses under
Art. 365:
1. By committing through reckless imprudence any
act which had been intentional, would constitute
a grave or les grave felony or light felony
2. By committing through simple imprudence of
negligence an act which would otherwise
constitute a grave or less serious felony;
3. By causing damage to the property of another
through reckless imprudence or simple
imprudence or negligence;
4. By causing through simple imprudence or
negligence some wrong which, if done
maliciously, would have constituted a light felony
Reckless imprudence – consists in voluntarily but
without malice, doing or failing to do an act from
which material damage results by reason of
inexcusable lack of precaution on the part of the
person performing or failing to perform such act,
taking into consideration his employment or
occupation, degree of intelligence, physical condition
and other circumstances regarding persons, time and
place.
Elements (reckless imprudence):
1. That the offender does or fails to do an act.
2. That the doing of or the failure to do that act is
voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of precaution on
the part of the person performing or failing to
perform such act taking into consideration
a. Employment or occupation.
b. Degree of intelligence, physical condition.
And
c. Other circumstances regarding persons, time
and place.
Test of negligence: Would a prudent man, in the
position of the person o whom negligence is
attributed, foresee harm to the person injured as a
reasonable consequence of the course about to be
pursued? If so, the law imposes a duty on the actor to
refrain from that course or to take precaution against
its mischievous results, and the failure to do so
constitutes negligence.
Simple imprudence – consists in the lack of
precaution displayed in those cases in which the
damage impending to be caused is not immediate nor
the danger clearly manifest.
Elements (Simple Imprudence):
1. That there is lack of precaution on the part of the
offender.
2. That the damage impending to be caused is not
immediate nor the danger clearly manifest.
Art. 64 relative to mitigating and aggravating
circumstances is not applicable to crimes committed
through negligence.
The defense of contributory negligence does not
apply in criminal cases through reckless imprudence
since one cannot allege negligence of another to
evade the effects of one’s own negligence.
The penalties provided for in Article 365 are NOT
applicable when:
a. The penalty provided for the offense is equal to
or lower than those provided in the first two
paragraphs of Art. 365
b. By imprudence or negligence, and with violation
of the Automobile Law, the death of a person
shall be caused.
Qualifying circumstance: Failing to lend help. It
raises the penalty one degree higher.
Except: Sec. 55 of RA 4136, the driver can leave his
vehicle without aiding the victims if:
1. He is in imminent danger of being harmed,
2. He wants to resort to the nearest officer of the
law, or
3. He desires to summon a physician or a nurse for
medical assistance to the injured.
 There must be injury to person or damage to
property as a consequence of reckless or simple
imprudence.
Doctrine of last clear chance:
The contributory negligence of the party injured will
not defeat the action if it be shown that the accused
might, by the exercise of reasonable care and
prudence, have avoided the consequences of the
negligence of the injured party.
Emergency Rule:
An automobile driver who, by the negligence of
suddenly placed in an emergency and compelled to
act instantly to avoid a collision or injury is not guilty of
negligence if he makes such a choice which a person
of ordinary prudence placed in such a position might
make even though he did not make the wisest choice.
 Special Penal Laws
REPUBLIC ACT. NO. 9262
ANTI-VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN ACT OF 2004
AN ACT DEFINGIN VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS,
PRESCRIBING PENALTIES THEREFORE, AND
FOR OTHER PURPOSES (Approved: March 8,
2004)
Declaration Policy
 It is the policy of the State to value the dignity of
women and children and guarantee full respect
for human rights. The State also recognizes the
need to protect the family and its members
particularly women and children, from violence
and threats to their personal safety and security.
(Section 2)
 Violence against women and their children shall
be considered a public offense. (Section 25)
 Victim-survivors who are found by the courts to
be suffering from battered woman syndrome do
not incur criminal and civil liability notwithstanding
the absence of any elements for justifying
circumstances of self-defense under the RPC
(Section 26)
Definitions of Terms (Section 3)
A. Violence against women and their children
any act or a series of acts committed by any
person against a woman who is his:
a) wife;
b) former wife; or
c) against a woman with whom the person has
or had a sexual or dating relationship
d) with whom he has a common child, or
against her child whether legitimate or
illegitimate, within or without the family
abode, which result in or is likely to result in
physical, sexual, psychological harm or
suffering, or economic abuse including
threats or such acts.
B. Sexual violence includes, but not limited to:
Rape, sexual harassment, acts of lasciviousness,
treating a woman or
Criminal Law
a) her child as a sex object, making demeaning
and sexually suggestive remarks, physically
attacking the sexual parts of the victim’s
body, forcing her/him to watch obscene
publications and indecent shows or forcing
the woman or her child to do indecent acts
and/ or make films thereof, forcing the wife
and mistress/lover to live in the conjugal
home or sleep together in the same room
with the abuser;
b) Acts causing or attempting to cause the
victim to engage in any sexual activity by
force, threat of force physical or other harm
or threat of physical or other harm or
coercion
c) Prostituting the woman or child.
C. Psychological violence – acts or omissions
causing or likely to cause mental or emotional
suffering of the victim such as but not limited to:
a) Intimidation;
b) harassment;
c) stalking;
d) damage to property;
e) public ridicule or humiliation
f) repeated verbal abuse;
g) mental infidelity;
h) causing or allowing the victim to witness the
physical sexual or psychological abuse of a
member of the family to which the victim
belongs; or
i) to witness pornography in any form;
j) to witness abusive injury to pets; or
k) unlawful or unwanted deprivation of the right
to custody and/or visitation of common
children.
D. Economic abuse – acts that make or attempt to
make a woman financially dependent which
includes, but is not limited to the following:
a) Withdrawal of financial support or preventing
the victim from engaging in any legitimate
profession, occupation, business or activity,
except in cases wherein the other
spouse/partner objects on valid, serious and
moral grounds as defined in Article 73 of the
Family Code;
b) Deprivation or threat of deprivation of
financial resources and the right to the use
 and enjoyment of the conjugal, community or
property owned in common;
c) Destroying household property;
d) Controlling the victim’s own money or
properties or solely controlling the conjugal
money or properties.
E. Physical abuse – refers to acts that include
bodily or physical harm.
F. Dating relationship – situation wherein the
parties live as husband and wife without the
benefit of marriage or are romantically involved
over time and on a continuing basis during the
course of the relationship. A casual acquaintance
or ordinary socialization between two individuals
in a business or social context is not a dating
relationship.
G. Sexual relations – refers to a single sexual act
which may or may not result in the bearing of a
common child.
H. Children – refers to those below 18 years of age
or older but are incapable of taking care of
themselves as defined under Republic Act no.
7610. Under this Act, it includes the biological
children of the victim and other children under her
care.
Acts Punishable (Section 5)
The crime of violence against women and their
children is committed through any of the following
acts:
a) Causing physical harm to the woman or her child;
b) Threatening to cause the woman or her child
physical harm;
c) Attempting to cause the woman or her child
physical harm;
d) Placing the woman or her child in fear of
imminent physical harm;
e) Attempting to compel or compelling the woman or
her child to engage in conduct which the woman
or her child has the right to desist from or desist
from conduct which the woman or her child has
the right to engage in, or attempting to restrict or
restricting the woman’s or her child’s freedom of
movement or conduct by force or threat of force,
physical or other harm or threat of physical or
other harm, or intimidation directed against the
woman or child. This shall include, but not limited
to, the following acts committed with the purpose
or effect of controlling or restricting the woman’s
or her child’s movement or conduct:
1. Threatening to deprive or actually depriving
the woman or her child of custody to her/his
family;
2. Depriving or threatening to deprive the
woman or her children of financial support
legally due her or her family, or deliberately
providing the woman’s children insufficient
financial support;
3. Depriving or threatening to deprive the
woman or her child of a legal right;
4. Preventing the woman in engaging in any
legitimate profession, occupation, business
or activity or controlling the victim’s own
money or properties, or solely controlling the
conjugal or common money, or properties;
f) Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions
or decisions;
g) Causing or attempting to cause the woman or her
child to engage in any sexual activity which does
not constitute rape, by force or threat of force,
physical harm, or through intimidation directed
against the woman or her child or her/his
immediate family;
h) Engaging in purposeful, knowing, or reckless
conduct personally or through another that
alarms or causes substantial emotional or
psychological distress to the woman or her child.
This shall include, but not limited to, the following
acts:
1. Stalking or following the woman or her child
in public or private places;
2. Peering in the window or lingering outside
the residence of the woman or her child.
3. Entering or remaining in the dwelling or on
the property of the woman or her child
against her/his will;
4. Destroying the property and personal
belongings or inflicting harm to animals or
pets of the woman or her child; and
5. Engaging in any form of harassment or
violence.
i) Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support
or custody of minor children of access to the
woman’s child/ children.
Venue (Section 7)
The Regional Trial Court designated as a Family
Court shall have original and exclusive jurisdiction
over cases of violence against women and their
children under this law.
In the absence of such court in the place where the
offense was committed, the case shall be filed in the
Regional Trial Court where the crime or any of its
elements was committed at the option of the
compliant.
Protection Orders (Section 8)
 Issued for the purpose of preventing further acts
of violence against a woman or her child
 Other reliefs granted through a protection order.
a) Prohibition of the respondent from threatening to
commit or committing, personally or through
another, any of the acts mentioned in Section 5 of
this Act;
b) Prohibition of the respondent from harassing,
annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or
indirectly;
c) Removal and exclusion of the respondent from
the residence of the petitioner, regardless of
ownership of the residence, either temporarily or
permanently where no property rights are
violated.
 If respondent must remove personal effects
from the residence, the court shall direct a
law enforcement agent to escort respondent;
d) Directing the respondent to stay away from
petitioner and designated family or household
member at a distance specified by the court, and
to stay away from the residence, school, place of
employment, or any specified place frequented
by the petitioner and any designated family or
household member;
e) Directing lawful possession and use by petitioner
of an automobile and other essential personal
effects, regardless of ownership, and directing
the appropriate law enforcement officer to
accompany the petitioner to the residence of the
parties to ensure that the petitioner is safely
restored to the possession of the automobile and
other essential personal effects, or to supervise
the petitioner’s or effects, or to supervise the
petitioner’s or respondent’s removal of personal
belongings;
f) Granting a temporary or permanent custody of a
child/children to the petitioner;
g) Directing the respondent to provide support to the
woman and/or her child if entitled to legal
support.
 Not withstanding other laws to the contrary,
the court shall order an appropriate
percentage of the income or salary of the
respondent to be withheld regularly by the
respondent’s employer for the same to be
automatically remitted directly to the woman.
Failure to remit and/or withhold or any delay
in the remittance of support to the woman
and/or her child without justifiable cause
shall render the respondent or his employer
liable for indirect contempt of court;
h) Prohibition of the respondent from any use or
possession of any firearm or deadly weapon and
order him to surrender the same to the court for
appropriate disposition by the court, including
revocation of license and disqualification to apply
for any license to use or possess a firearm.
 If the offender is a law enforcement agent,
the court shall order the offender to
surrender his firearm and shall direct the
appropriate authority to investigate of the
offender and take appropriate action on
matter;
i) Restitution for actual damages;
j) Directing the DSWD or any appropriate agency to
provide petitioner’s need; and
k) Provision of such other forms of relief as the
court deems necessary, provided petitioner and
any designated family or household member
consents to such relief.
Any of the reliefs provided under this section shall be
granted even in the absence of a decree of legal
separation or annulment or declaration of absolute
nullity of marriage.
Who May File Petition for Protection Orders:
(Section 9)
a) Offended party;
b) Parents or guardians of the offended party;
c) Ascendants, descendants or collateral relatives
within the fourth civil degree of consanguinity or
affinity;
d) Officers or social workers of the DSWD or social
workers of LGUs;
e) Police officers preferably those in charge of
women and children’s desk;
f) Punong Barangay or Barangay Kagawad;
g) Lawyer, counselor, therapist or healthcare
provider of the petitioner;
h) At least 2 concerned responsible citizens of the
city or municipality where the violence against
women and their children occurred and who has
personal knowledge of the offense committed.
If the applicant is not the victim, the application must
be accompanied by an affidavit of the applicant
attesting to:
a) The circumstances of the abuse suffered by the
victim, and
b) The circumstances of consent given by the victim
for the filing of the application.
When disclosure of the address of the victim will pose
danger to her life, it shall be so stated in the
application. In such case, the applicant shall:
a) Attest that the victim is residing in the
municipality or city over which court has territorial
jurisdiction; and
b) Shall provide a mailing address for purpose of
serving process.
Kinds of Protection Order:
 Barangay Protection Order (BPO) – issued by
a punong barangay to the applicant on the date
of filing after ex parte determination of the basis
of the application.
 In the absence of punong barangay, any
available barangay kagawad may act on the
application. In such case, the order must be
accompanied by an attestation that the punong
barangay was unavailable at the time of the
issuance of the BPO.
 BPOs shall be effective for 15 days.
 The parties may be accompanied by a non-
lawyer advocate in any proceeding before the
punong barangay.
 Temporary Protection Order (TPO) – issued by
court of competent jurisdiction after ex parte
determination that such should be issued.
 Effective for 30 days.
 The said court shall schedule a hearing on the
issuance of PPO prior to the date of the
expiration of the TPO.
 Permanent Protection Order (PPO) – issued by
the court after notice and hearing.
 Respondent’s non-appearance despite proper
notice, or his lack of lawyer, shall not be a ground
for rescheduling the hearing on the merits of the
issuance of PPO.
 If despite due notice respondent fails to appear:
the court shall allow ex parte presentation of
evidence by the applicant.
 If despite due notice respondent appears without
counsel: the court shall appoint a lawyer for the
respondent and proceed with the hearing.
General Rule: The hearing for the issuance of the
PPO shall only be one day.
Where the court is unable to conduct the hearing
within one day and the TPO is due to expire, the court
shall continuously extend the TPO for a period of 30
days at each particular time until final judgment is
issued.
 Effectivity of PPO: PPO shall be effective until
revoked by the court upon application of the
person in whose favor it was issued.
 The court shall not deny the issuance of
protection order on the basis of the lapse of time
between the act of violence and the filing of the
application.
Nota Bene:
General Rule: TPO and PPO are filed in the family
court at the place of residence of the petitioner.
Exception: In the absence of a family court, with the
RTC, MeTC, MTC or MCTC with territorial jurisdiction
over the place of residence of the petitioner
The issuance of a BPO or the pendency of an
application for BPO shall not preclude a petitioner
from applying for, or the court from granting a TPO or
PPO.
An application for protection order filed with a court
shall be considered an application for both TPO and
PPO
Prescriptive Period. (Section 24)
Acts falling under sections 5(s) to 5(f) – 20 years.
Acts falling under sections 5(g to 5(I) – 10 years
Duties of Prosecutors/Court Personnel (Section
29)
a) Communicate with the victim in a language
understood by the woman or her child; and
b) Inform the victim of her/his rights including legal
remedies available and procedure, and privileges
for indigent litigants
Duties of Barangay Official and Law Enforcers
(Section 30)
a) Respond immediately to a call for help of the
victim;
b) Confiscate any deadly weapon in the possession
of the perpetrator;
c) Escort the victim/s to a safe place of their choice;
d) Assist the victim in removing personal belongings
from the house.
e) Assist the Barangay officials and other
government officers and employees who respond
to a call for help;
f) Ensure the enforcement of protection orders;
g) Arrest the suspected perpetrator even without
warrant when:
a. Any of the acts of violence defined by this
act is occurring;
b. When he/she has personal knowledge that
any act of abuse has just been committed;
c. There is imminent danger to the life or limb
of the victim as defined in this act.
h) Immediately report the call for assessment or
assistance of:
a. DSWD
b. Social Welfare Department of LGUs; or
c. Accredited NGOs.
Duties of Healthcare Provider (Section 31)
a) Any healthcare provider who suspects abuse or
has been informed by the victim of violence shall:
b) Properly document any of the victim’s physical,
emotional or psychological injuries;
c) Properly record any of the victim’s suspicions,
observations and circumstances of the
examination or visit;
d) Automatically provide the victim free of charge a
medical certificate;
e) Safeguard the records and make them available
to the victim upon request at actual cost; and
f) Provide the victim immediate and adequate
notice of rights and remedies provided under this
act, and services available to them.
In every case of violence against women and their
children, any person, police authority or barangay
official shall not be liable for any criminal, civil or
administrative liability resulting thereform.
(Section 34) provided that such person, police
authority or official:
a) was acting in accordance with law
b) responds or intervenes
c) without using violence or restraint greater than
necessary to ensure the safety of the victim
Rights of the Victims:
a) To be treated with respect and dignity (Section
35);
b) Avail of legal assistance from PAO or any public
legal assistance office (Section 35);
c) To be entitled to support services from DSWD
and LGU’s (Section 35);
d) To be entitled to all legal remedies and support
as provided in the Family Code (Section 35);
e) Informed of their rights and the services available
to them (Section 35);
f) The woman victim of violence shall be entitled to
the custody and support of her child/children
victim who is suffering from battered woman
syndrome shall not be disqualified from having
custody of her children. (Section 28)
g) Victims under this Act shall be entitled to take a
paid leave of absence up to 10 days in addition to
other paid leaves under the Labor Code and Civil
Service Rules and Regulations, extendible when
the necessity arises as specified in the protection
order. (Section 43)
Any victim under this act shall be entitled to the
following damages (MAC) (Section 36):
a) Moral
b) Actual
c) Compensatory
Cases Exempt from Payment of Docket fees and
other Expenses: (Section 36)
1. Victim is indigent, or
2. There is an immediate necessity due to imminent
danger to act on an application for protection
order
Sec. 44. All records pertaining to cases of violence
against women and their children including those in
barangay shall be confidential.
Sec. 47. RPC and other applicable laws shall have
suppletory application.
Sec. 27. Being under the influence of alcohol, any
illicit drug, or any other mind-altering substance shall
not be a defense under this act.
REPUBLIC ACT. NO. 7610
SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION
Declaration Of Policy (Section 2)
It is the declared policy of the State to provide special
protection to children from all forms of abuse, neglect,
cruelty, exploitation and discrimination and other
conditions prejudicial to their development including
child labor and its worst forms; provide sanctions for
their commission and carry out a program for
prevention and deterrence of and crisis intervention in
situation of child abuse, exploitation and
discrimination.
Punishable Act
1. Child Prostitution and Other Sexual Abuse
Section 5 (See Art. 340 under Book Two)
2. Child Trafficking
Section 7
Child Trafficking – Any person who shall engage
in trading and dealing with children including, but
not limited to, the act of buying and selling of a
child for money, or for any other consideration, or
barter.
Section 8
Attempt to Commit Child Trafficking – There
is an attempt to commit child trafficking
under Section 7 of this Act:
(a) When a child travels alone to a foreign
country without valid reason therefore and
without clearance issued by the Department
of Social Welfare and Development or
written permit or justification from the child’s
parents or legal guardian;
(b) When a person, agency, establishment or
child-caring institution recruits women or
couples to bear children for the purpose of
child trafficking; or
(c) When a doctor, hospital or clinic official or
employee, nurse, midwife, local civil registrar
or any other person simulates birth for the
purpose of child trafficking; or
(d) When a person engages in the act of finding
children among low-income families,
hospitals, clinics, nurseries, daycare centers,
or other child-during institutions who can be
offered for the purpose of child trafficking.
3. Obscene Publications and Indecent Shows
Section 9
- Any person who shall hire, employ, use,
persuade, induce or coerce a child to
perform in obscene exhibitions and indecent
shows, whether live or in video, or model in
 obscene publications or pornographic
materials or to sell or distribute the said
materials.
4. Other Acts of Abuse
Section 10
(a) Any person who shall commit any other acts
of child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to
the child’s development.
(b) Any person who shall keep or have in his
company a minor, twelve (12) years or under
or who in ten (10) years or more his junior in
any public or private place, hotel, motel, beer
joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or other
tourist resort or similar Provided, that this
provision shall not apply to any person who
is related within the fourth degree of
consanguinity or affinity or any bond
recognized by law, local custom and tradition
or acts in the performance of a social, moral
or legal duty.
(c) Any person who shall induce, deliver or offer
a minor to any one prohibited by this Act to
keep or have in his company a minor as
provided in the preceding paragraph.
(d) Any person, owner, manager or one
entrusted with the operation of any public or
private place of accommodation, whether for
occupancy, food, drink or otherwise,
including residential places, who allows any
person to take along with him to such place
or places any minor herein described.
(e) Any person who shall use, coerce, force or
intimidate a street child or any other child to;
(1) Beg or use begging as a means of
living;
(2) Act as conduit or middlemen in drug
trafficking or pushing; or
(3) Conduct any illegal activities.
5. Sanctions for Establishments or Enterprises
Section 11
- All establishments and enterprises which
promote or facilitate child prostitution and
other sexual abuse, child trafficking, obscene
publications and indecent shows, and other
acts of abuse shall be immediately closed
and their authority or license to operate
cancelled without prejudice to the owner or
manager thereof being prosecuted under this
Act and/or the Revised Penal Code, as
amended, or special laws.
- An establishment shall be deemed to
promote or facilitate child prostitution and
other sexual abuse, child trafficking, obscene
publications and indecent shows and other
acts of abuse if the acts constituting the
same occur in the premises of said
establishment under this Act or in violation of
the Revised Penal Code, as amended. An
enterprise such as a sauna, travel agency, or
recruitment agency which: promotes the
aforementioned acts as part of a tour for
foreign tourists; exhibits children in a lewd or
indecent show; provides child masseurs for
adults of the same or opposite sex and said
services include any lascivious conduct with
the customers; or solicits children or
activities constituting the aforementioned
acts shall be deemed to have committed the
acts penalized herein.
REPUBLIC ACT NO. 9372
HUMAN SECURITY ACT OF 2007
AN ACT TO SECURE AND PROTECT OUR
PEOPLE FROM TERRORISM
March 9, 2007
Declaration of Policy (Section 2)
It is declared a policy of the State to protect life,
liberty, and property from acts of terrorism, to
condemn terrorism as inimical and dangerous to the
national security of the country and to the welfare of
the people, and to make terrorism a crime against the
Filipino people, against humanity, and against the law
of nations.
Section 3
The crime of terrorism is committed by any person
who engages in any of the following acts punishable
under RPC and other special laws:
Under RPC:
1. Piracy in general and Mutiny in the high seas or
in the Philippine waters (Art. 122 of RPC);
2. Rebellion or Insurrection (Art. 134 of RPC);
3. Coup d’etat including acts committed by private
persons (Art. 134-a of RPC);
4. Murder (Art. 248 of RPC);
5. Kidnapping and Serious Illegal Detention (Art.
267 of RPC);
6. Crimes involving Destruction (Art. 324 of RPC);
Under Special Laws:
7. Law on Arson (PD No. 1613);
8. Toxic substances and Hazardous and Nuclear
Waste Control Act of 1990 (RA No. 6969);
9. Atomic Energy Regulatory and Liability Act of
1968 (RA No. 5207)
10. Anti-Hijacking Law (RA No. 6235);
11. Anti-Piracy and Anti-Highway Robbery Law of
1974 (PD No. 532);
12. Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture. Dealing in,
Acquisition or Disposition of Firearms,
Ammunitions or Explosives (PD No. 1866).
PROVIDED that the following requisites are present:
1. The act committed sows and creates a condition
of widespread and extraordinary fear and panic
among the populace;
2. The act was committed in order to coerce the
government to give in to an unlawful demand.
NB: The benefit of Parole is not applicable to persons
convicted under this act.
Conspiracy to Commit Terrorism (Section 4)
Persons who conspire to commit the crime of
terrorism shall suffer the penalty of 40 years of
imprisonment.
Penalties for Accomplice and Accessory
Sec 5. An accomplice shall suffer the penalty of from
seventeen (17) years, four months one day to twenty
(20) years of imprisonment.
Sec. 6. An accessory shall suffer the penalty of ten
(10) years and one day to twelve (12) years of
imprisonment.
Note: The provisions of Articles 18 and 19 of the RPC
do not apply since the penalty of nomenclature in the
Act is not the same as that of the RPC.
SURVEILLANCE AND INTERCEPTION OF
COMMUNICATION
(SECTION 7)
General Rule: Notwithstanding RA No. 4200 (Anti-
Wire Tapping Law), a police or law enforcement
official and members of his team may, upon written
order of the Court of Appeals, listen to, intercept
and record any communication between members of
a judicially declared and outlawed terrorist
organization or group of persons or of any person
charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism.
Exception: Communications between:
a) lawyers and clients;
b) doctors and patients;
c) journalists and their sources;
d) confidential business correspondence.
Requisites for Formal Application for Judicial
Authorization to Intercept and Record
Communication (Section 8)
a) There must be an ex parte application by the
police or law enforcement official;
b) The applicant must have been duly authorized in
writing by the Anti-Terrorism Council;
c) Examination under oath or affirmation of the
applicant and the witnesses he may produce to
establish: (CEN)
1. There is probable cause to believe based on
personal knowledge of facts that the said
Crime of terrorism or conspiracy to commit
terrorism has been committed, is being
committed or is about to be committed;
2. There is probable cause to believe based on
personal knowledge of facts that Evidence,
which is essential to the conviction of any
charged or suspected person, will be
obtained;
3. There is No other effective means for
acquiring such evidence.
Sec. 9 The Following are declared as classified
information:
1. Written order granted by the authorizing division
of the CA;
2. Order by CA to extend No. 1;
3. Original application of the applicant;
4. Application to renew no. 3;
5. Written authorizations of Anti-Terrorism Council.
The person being surveilled or whose
communications have been monitored, listened to,
bugged or recorded, has the right to be informed of
the acts done by the law enforcement authorities and
to challenge the legality of the interference before the
CA which issued the order.
Sec. 10. The judicial authorization shall be effective
for the length of time specified in the written order of
the authorizing division of the CA, which shall not
exceed 30 days from the receipt of the order by
the applicant.
The authorizing division of the CA may extend or
renew the said authorization for another non-
extendible period, which shall not exceed 30 days fro
the expiration of the original period, provided that:
1. The authorizing division of CA is satisfied that
such extension is in the public interest;
2. The ex parte application for extension or renewal
is filed by the original applicant and has been
duly authorized in writing by the Anti-Terrorism
Council.
In case of death or disability of the original
applicant: the application for extension shall be filed
by the one next in rank to the original applicant
among the members of his team.
The applicant shall have 30 days after the termination
of the period granted by CA within which to file the
appropriate case before the Public Prosecutor’s
Office.
If no case is filed within the 30-day period, the
applicant shall notify the person subject of the
surveillance of the termination of such surveillance or
recording.
Sec. 11. All tapes, discs and recordings made
pursuant to the authorization of the CA (including
excerpts, summaries and written notes made in
connection therewith) shall be deposited in sealed
envelop or package accompanied by a joint affidavit
of the applicant police officer or law enforcement
officials and the members of his team, with the
authorizing CA division within 48 hours after the
expiration of the order.
 It is unlawful for any person, police officer or any
custodian of the tapes, discs and recording, and
their excerpts and summaries, written notes or
memoranda to copy in whatever form, to remove,
delete, expunge, incinerate, shred or destroy in
any manner the items enumerated above in
whole or in part under any pretext whatsoever.
Sec. 13. The sealed envelope or package and the
contents thereof shall be deemed classified
information and the same shall not be opened and
its contents shall not be divulged or used as
evidence UNLESS authorized by written order of the
authorizing CA division
The said written order shall be granted upon:
1. A written application of DOJ filed before the
authorizing division of CA;
2. A showing that the DOJ has been duly authorized
in writing by the Anti-Terrorism Council to file
such application;
3. Proper notice to the person whose
communication has been subjected to
surveillance that the sealed envelop or package
shall be opened.
a. The written application shall clearly state the
purpose or reason: (a) for opening the
sealed envelope; (b) for revealing or
disclosing its classified contents; (c) for
replaying divulging and or reading any of the
listened to, intercepted, and recorded
communications, etc.; (d) for using any of the
said listened to, intercepted and recorded
communications as evidence. (Section 14)
Sec. 15. Any listened to, intercepted, and recorded
communications or any information or fact contained
therein, including their existence, content, substance,
purport, effect or meaning, which have been secured
in violation of the pertinent provisions of this Act,
shall absolutely not be admissible and usable as
evidence against anybody in any judicial, quasi-
judicial, legislative, or administrative investigation,
inquiry, proceeding, or hearing.
Sec. 17. Any organization, association or group of
persons -
 Organized for the purpose of engaging in
terrorism; or
 Although not organized for that purpose, actually
uses the acts to terrorize or to sow and create a
condition of widespread and extraordinary fear
and panic among the populace in order to coerce
the government to give in to unlawful demand
shall, upon application by DOJ before a
competent RTC, with due notice and opportunity
to be heard given to the said group, be declared
as a terrorist and outlawed organization,
association, or group of persons by the said RTC.
Note: An association of terrorists is not an Illegal
association defined under the RPC.
Art. 147. Illegal associations – The penalty of prision
correccional in its minimum and medium periods and
a fine not exceeding 1,000 pesos shall be imposed
upon the founders, directors, and presidents of
associations totally or partially organized for the
purpose of committing any of the crimes punishable
under this Code or for some purpose contrary to
public morals. Mere members of said associations
shall suffer the penalty of arresto mayor.
Sec. 18. Period of Detention without Judicial Warrant
of Arrest.
General Rule: Notwithstanding Art. 125 of RPC, any
police or law enforcement personnel who has taken
custody of a person charged or suspected of the
crime of terrorism or conspiracy to commit terrorism
shall deliver said charged person to the proper judicial
authority within 3 days counted from the moment of
arrest.
Note: Anti-terrorism law amended Art. 125 of the RPC
insofar as terrorism and conspiracy to commit
terrorism are concerned.
Art. 125. Delay in the delivery of detained persons to
the proper judicial authorities. – The penalties
provided in the next preceding article shall be
imposed upon the public officer or employee who
shall detain any person for some legal ground and
shall fail to deliver such person to the proper judicial
authorities within the period of; 12 hours for crimes or
offenses punishable by light penalties, or their
equivalent; 18 hours for crimes pr offenses
punishable by correctional penalties, or their
equivalent and 36 hours for crimes, or offenses
punishable by afflictive or capital penalties, or their
equivalent.
Exception: (Sec. 19) In the event of actual or
imminent terrorist attack, suspects may be detained
for more than 3 days upon written approval of:
a. municipal, city, provincial or regional official of
Human Rights commission;
b. judge of MTC, RTC or Sandiganbayan; or
c. justice of CA
nearest the place of arrest. The written approval must
be procured within 5 days after the date of detention.
Provided that within 3 days after detention, suspects
whose connection with the terror attack or threat is
not established, shall be released immediately.
If the arrest is made during Saturdays, Sundays,
Holidays or after office hours, the police or law
enforcement personnel shall bring the arrested
person to the residence of any of the official
mentioned above.
Special Cases: Where the arrest resulted from:
1. Surveillance or interception of communication; or
2. Examination of bank deposits.
Before detaining the person suspected of the crime of
terrorism or conspiracy to commit terrorism, the
arresting officer shall present him/her before any
judge at the latter’s residence or office nearest the
place where the arrest took place at any time of the
day or night. The following shall be the duties of the
judge in such case:
1. Ascertain the identity of the police or law
enforcement personnel and the person arrested;
2. Inquire on the reason for the arrest;
3. Determine whether or not the person arrested
has been subjected to any physical, moral or
psychological torture by whom and why;
4. Submit a written report of his/her observations
within 3 calendar days from the time the suspect
was brought before him
Sec. 20. The penalty of 10 years and 1 day to 12
years of imprisonment shall be imposed upon any
police or law enforcement personnel for failure to
deliver suspect to the proper judicial authority within
the period of three days.
Sec. 21. Rights of a person under custodial
Detention:
1. Right to be informed of the nature and cause of
his arrest;
2. Right to remain silent;
3. Right to have competent and independent
counsel preferably of his choice.
If the person cannot afford the services of
counsel of his choice, the police or law
enforcement officers concerned shall immediately
contact the free legal assistance unit of the IBP or
PAO;
4. Right to be informed of the cause of his detention
in the presence of his legal counsel;
5. Allowed to communicate freely with his counsel;
6. Allowed to communicate freely and privately with
the members of his family or with his nearest
relatives and to be visited by them;
7. Allowed freely to avail of the service of a
physician of choice.
Sec. 26. In cases where evidence of guilt is not strong
and the person charged with the crime of terrorism or
conspiracy to commit terrorism is granted bail, the
court, upon application by the prosecutor, shall limit
the right of travel of the accused within the
municipality or city where he resides or where the
case is pending.
Travel outside of said municipality or city shall be
deemed a violation of the terms and conditions of his
bail, which shall then be forfeited.
The accused may also be placed under house arrest
at his usual place of residence.
While under house arrest, he may not use
telephones, cellphones, emails, computers, the
internet or other means of communications with
people outside the residence until otherwise ordered
by the court.
Examination of bank deposits
Sec. 27. Notwithstanding RA No. 1405 (Bank Secrecy
Law) as amended, judicial authorization to examine
bank deposits, accounts and records may be
procured from the justices of CA designated to handle
anti-terrorism cases after satisfying themselves of the
existence of probable cause in hearing for that
purpose that: (1) a person charged with our
suspected of the crime of terrorism or, conspiracy to
commit terrorism, (2) of a judicially declared and
outlawed terrorist organization, association, or group
of persons; and (3) of a member of such judicially
declared and outlawed organization, association, or
group of persons, may authorize in writing any
police or law enforcement officer and the members of
his/her team duly authorized in writing by the anti-
terrorism council to:
(a) examine, or cause the examination of, the
deposits, placements, trust accounts, assets and
records in a bank or financial institution; and
(b) gather or cause the gathering of any relevant
information about such deposits, placements,
 trust accounts, assets, and records from a bank
or financial institution .
 The bank or financial institution concerned
shall not refuse to allow such
examination or to provide the desired
information, when so, ordered by and served
with the written order of the Court of
Appeals.
Sec. 28. Requisites for application to examine bank
deposits:
1. Ex parte application to the CA by the police or
law enforcement official;
2. The police or law enforcement official must be
authorized in writing by the Anti-Terrorism Council
to file such application;
3. Examination under oath or affirmation of the
applicant and the witnesses he may produce to
establish the facts that will justify the need and
urgency of examining and freezing the bank
deposits, placements, trust accounts, assets and
records.
Sec. 30. Effective period of court authorization to
examine and obtain information on bank deposits,
accounts and records – time specified in the written
order, which shall not exceed 30 days from the date of
the receipt of the written order by the applicant police.
It may be extended for another period which shall not
exceed 30 days from the expiration of the original
period, provided:
1. The authorizing division of the CA is satisfied that
such extension is in the public interest;
2. The application for extension or renewal must
have been authorized in writing by the Anti-
Terrorism Council;
3. Such must be filed by the original applicant.
In case of death or disability of the original
applicant - the one next in rank to the original
applicant among the members of his team shall file
the application for extension.
The applicant shall have 30 days after the termination
of the period granted by the CA within which to file the
appropriate case before the Public Prosecutor’s Office
for any violation of this Act.
If no case is filed within the said period, the applicant
shall immediately notify in writing the person subject
of bank examination and freezing of accounts.
Sec. 31. All information, summaries and other
documents obtained from the examination of bank
deposits shall within 48 hours after the expiration of
the period fixed in the written order by deposited with
the authorizing division of CA in a sealed envelope or
package.
Sec. 33. The sealed envelope or package shall not be
opened and its contents shall not be used as
evidence unless authorized in a written order of the
authorizing division of CA.
Requisites in applying for judicial authorization to
open the sealed envelope containing records of bank
account:
1. Written application of DOJ filed before the
authorizing division of CA;
2. Authorization in writing by the Anti-Terrorism
Council to file such application;
3. Notice in writing to the party concerned not later
than 3 days before the scheduled opening;
4. The application and notice must clearly state the
reason for opening or using the information.
Sec. 35. Any information secured in violation of this
act shall not be admissible as evidence.
Seizure and Sequestration
Sec. 39. The said accounts shall be seized,
sequestered, and frozen in order to prevent their use
or transfer for purposes that are inimical to the safety
and security of the people or injurious to the state.
N.B.: The accused may withdraw such sums as may
be reasonably needed by the monthly needs of his
family including the services of his counsel upon
approval of the court.
Sec. 41. If the person suspected of or charged with
the crime of terrorism or conspiracy to commit
terrorism is found, after his investigation, to be
innocent by the investigating body, or is acquitted,
after his arraignment or his case is dismissed before
his arraignment by a competent court:
Effects:
1. the seizure, sequestration and freezing of his
bank deposits, placements, trust accounts,
assets and records shall forthwith be deemed
lifted by the investigating body or by the
competent court, as the case may be, and
2. his bank deposits, placements, trust accounts,
assets and records shall be deemed released
from such seizure, sequestration and freezing,
and shall be restored to him without any delay by
the bank or financial institution concerned without
any further action on his part.
 The filing of any appeal on motion for
reconsideration shall not state the release of
said funds from seizure, sequestration and
freezing.
 If the person charged with the crime of
terrorism or conspiracy to commit terrorism
is convicted by a final judgment of a
 competent trial court, his seized,
sequestered and frozen bank deposits,
placements, trust accounts, assets and
records shall be automatically forfeited in
favor of the government.
Sec. 49. Prosecution under this act shall be a bar to
another prosecution under the RPC or any special
penal laws.
Sec. 50. Upon acquittal, any person accused of
terrorism shall be entitled to the payment of damages
in the amount of P500,000.00 for every day that he
has been detained without warrant.
Sec. 52. The provisions of Book 1 of the RPC shall be
applicable to this act.
Sec. 53. The Anti-Terrorism Council shall be
composed of:
1. Executive Secretary – chairperson
2. Secretary of Justice – vice chairperson
3. Secretary of foreign Affairs – member
4. Secretary of National Defense – member
5. Secretary of Interior and Local Government –
member
6. Secretary of Finance – member
7. National Security Advisor – member
Sec. 54. Function of the Council:
1. Formulate and adopt plans, programs and
counter measures against terrorists and acts of
terrorism;
2. Coordinate all national efforts to suppress and
eradicate acts of terrorism;
3. Direct the speedy investigation of offenses that
are punishable under this act;
4. Establish and maintain comprehensive database
information systems on terrorism, terrorists
activities and counter-terrorism operations;
5. Freeze the bank deposits or accounts belonging
to a person suspected with the crime of terrorism
of conspiracy to commit terrorism pursuant to
Anti-Money Laundering Act of 2004;
6. Grant monetary rewards to informers who give
vital information leading to apprehension,
prosecution and conviction of persons who are
liable for the crime of terrorism or conspiracy to
commit terrorism;
7. Coordinate with other nations;
8. Request the SC to designate specific divisions of
CA and RTC in Manila, Cebu City and Cagayan
de Oro City to handle all cases involving the
crime of terrorism or conspiracy to commit
terrorism and all matters incident to said crimes.
Sec. 56. Grievance Committee – vested with the
power to receive and evaluate complaints against the
actuations of police and law enforcement officials in
the implementation of this act.
Composed of:
 Ombudsman – Chair
 Solicitor General – Member
 An Undersecretary from DOJ – Member
Sec. 58. Extra-territorial Application of This Act –
Subject to the provision of an existing treaty of which
the Philippines is a signatory and to any contrary
provision of any law of preferential application, the
provisions of this act shall apply:
1. To individual persons who commit any of the
crimes defined and punished under this act within
the terrestrial domain, interior waters, maritime
zone, and airspace of the Philippines;
2. To those who, although physically outside the
territorial limits of the Philippines, commit,
conspire or plot to commit any of the crimes
defined and punished in this act inside the
territorial limits of the Philippines;
3. To those who, although physically outside the
territorial limits of the Philippines, commit any of
the said crimes on board Philippine ship or
airship;
4. To those who commit any of the said crimes
within any embassy, consulate or diplomatic
premises belonging to or occupied by the
Philippine Government in an official capacity;
5. To those who, although physically outside the
territorial limits of the Philippines, commit said
crimes against Philippine citizens or persons of
Philippine descent where their citizenship or
ethnicity was a factor in the commission of the
crime;
6. To those who, although physically outside the
territorial limits of the Philippines, commit said
crimes directly against the Philippine
Government.
Sec. 62. Special Effectivity Clause – 2 months after
the May election upon:
 Publication in 3 newspapers of national
circulation,
 Publication in newspapers of local circulation one
each in:
1. Ilocos Norte
2. Baguio City
3. Pampanga
4. Cebu
5. Iloilo
6. Tacloban
7. Cagayan de Oro
8. Davao
9. General Santos City
The title of this act and its provisions defining the acts
of terrorism shall be aired at primetime for seven
days, morning, noon and night over:
 3 national television and radio networks,
 Television and radio networks in Cebu, Tacloban,
Iloilo, Davao City, Cotabato City, and Zamboanga
Ctiy
N.B.: The provisions of this act shall be automatically
suspended 1 month before and 2 months after the
holding of any election.
REPUBLIC ACT NO. 6969
TOXIC SUBSTANCES AND HAZARDOUS AND
NUCLEAR WASTES CONTROL ACT OF 1990
AN ACT TO CONTROL TOXIC SUBSTANCES AND
HAZARDOUS AND NUCLEAR WASTES
PROVIDING PENALTIES FOR VIOLATIONS
THEREOF, AND FOR OTHER PURPOSE
Declaration of Policy:
To regulate, restrict or prohibit the importation,
manufacture, processing, sale, distribution, use and
disposal of chemical substances and mixtures that
present unreasonable risk and/or injury to health or
the environment to prohibit the entry even in transit of
hazardous and nuclear wastes and their disposal into
the Philippine territorial limits for whatever purpose
and to provide advancement and facilitate research
and studies on toxic chemicals (Sec. 2).
Scope of the Law (Section 3)
1. importation;
2. manufacturer;
3. processing;
4. handling;
5. storage;
6. transportation,
7. sale
8. distribution,
9. use, and
10. disposal of all unregulated chemical substances
and mixtures in the Philippines
Pre Manufacture and Pre-Importation
Requirements (Section 8)
Before any new chemical substance or mixture can
be manufactured, processed or imported for the first
time as determined by the Department of
Environment and Natural Resources, the
manufacturer, processor or importer shall submit the
following information:
1. The name of the chemical substance or mixture;
2. Its chemical identity and molecular structure;
3. Proposed categories of use;
4. An estimate of the amount to be manufactured,
processed or imported; Processing and disposal
hereof; and
5. Any test data related to health and environmental
effects which the manufacturer, processor or
importer has.
Chemical Subject to Testing (Section 9)
Testing shall be required in all cases where:
a. There is a reason to believe that the chemical
substance or mixture may present an
unreasonable risk to health or the environment or
there may be substantial human or environmental
exposure thereto;
b. There are insufficient date and experience for
determining or predicting the health and
environmental effects of the chemical substance
or mixture; and
c. The testing of the chemical substance or mixture
is necessary to develop such data.
The manufacturers, processors or importers shall
shoulder the costs of testing the chemical substance
or mixture that will be manufactured, processed or
imported.
Chemical Substances Exempt from Pre-
Manufacture Notification (Section 11)
1. Those included in the categories of chemical
substances and mixtures already listed in the
inventory of existing chemicals;
2. Those to be produced in small quantities solely
or experimental or research and developmental
purposes;
3. Chemical substances and mixtures that will not
present an unreasonable risk to health and the
environment;
4. Chemical substances and mixtures that exist
temporarily and which have no human or
environmental exposure
Prohibited Acts (Section 13)
1. Knowingly use a chemical substance or mixture
which is imported, manufactured, processed or
distributed in violation of this Act or implementing
rules and regulations or orders;
2. Failure or refusal to:
a. Submit reports, notices or other information,
b. Give access to records as required by this
Act, or
Permit inspection of establishment where chemicals
are manufactured, processed, stored or otherwise
held;
3. Failure or refusal to comply with the pre-
manufacture and pre-importation requirements;
and
Cause, aid or facilitate, directly or indirectly, in the
storage, importation, or bringing into Philippine
territory, including its maritime economic zones any
amount of hazardous and nuclear wastes in any part
of the Philippines.

REPUBLIC ACT NO. ----
(As amended by PD 1484)
ENERGY REGULATORY AND LIABILITY ACT OF
1968
AN ACT PROVIDING FOR THE LICENSING AND
REGULATION OF ATOMIC ENERGY FACILITIES
AND MATERIALS, ESTABLISHING THE RULES ON
LIABILITY FOR NUCLEAR DAMAGE, AND FOR
OTHER PURPOSES
Declaration of Policy – It is the declared policy of the
Philippine Government to encourage, promote and
assist the development and use of atomic energy for
all peaceful purposes, as a means to improve the
health and prosperity of the inhabitants of the
Philippines, contribute to the general welfare, and
accelerate scientific, technological, agricultural,
commercial and industrial purposes
Sec. 6. Activities Subject to License – It shall be
unlawful for any person to transfer, construct, receive,
own, possess, operate, import or export any atomic
energy facility except under a license issued by the
Philippine Atomic Energy Commission.
Sec. 9. Citizenship Requirement – No license to
acquire, own or operate any atomic energy facility
shall be issued to an alien, or any corporation or other
entity which is owned or controlled by an alien, a
foreign corporation, or a foreign government.
For purpose of this Act, a corporation or entity is not
owned or controlled by an alien, a foreign corporation
or a foreign government if at least sixty percent (60%)
of its capital stock is owned by Filipino citizens.
Sec. 10. Provisional License. In all cases of
application for licenses to construct an atomic energy
facility if the Commission finds that, on the basis of
the technical information and data so far made
available to it, there is reasonable assurance that the
proposed installation can be constructed and
operated at the proposed location without undue risk
to the health and safety of the public, it shall initially
issue a provisional license to the applicant.
Such a provisional license may be granted even if the
health and safety information then available is less
than would be needed for a license to operate
provided that the Commission is satisfied that there is
reasonable assurance that questions of health and
safety will be so resolved as to warrant the issuance
of a license to operate the installation.
Sec. 13. Continued Operation of Atomic Energy
Facility in Case of Revoked License. Whenever the
Commission finds that:
1. The public convenience and necessity; or
2. The Atomic Energy Development Program of the
Commission requires continued operation of an
atomic energy facility the license for which has
been revoked
The Commission may, after consultation with the
Public Service Commission or appropriate agency
having jurisdiction, order that possession be taken of
such atomic energy facility (including any atomic
energy materials which are at the facility for use in
operation of the facility) and that it be operated for
such period of time as in the judgment of the
Commission, the public convenience and necessity or
the atomic energy development program of the
Commission require, or until a license for the
operation of the atomic energy facility shall become
effective.
Just compensation shall be paid for the use of the
facility.
Sec. 23. Period of License. Each license shall be
issued for a specified period, as determined by the
Commission depending on the type of activity to be
licensed, but not exceeding thirty-five years and may
be renewed upon the expiration of such period.
Sec. 24. Gen. Rule: Licenses issued by the
commission are not transferable.
Exception: In cases where the commission consents
to such transfer
Sec. 25. The terms and conditions of all licenses shall
be subject to amendment or modification, by reason
of amendments of this Act or by reason of
amendments of regulations or orders issued in
accordance with the terms of this Act.
Sec. 33. A report by any licensee of any incident
arising out of or in connection with a licensed activity
made pursuant to any requirement of the Commission
shall not be admitted as evidence in any suit or action
for damages growing out of any matter mentioned in
such report.
Sec. 62. Prescription of Rights and Actions.
Rights of compensation under this Act shall prescribe
after ten years from the date of the nuclear incident.
Actions for compensation under this Act shall be
barred unless brought within three years from the
date on which the person suffering nuclear damage
had knowledge or should have had knowledge of the
damage and of the installation operator liable for the
damage
A claim under this act may be amended to take into
account any aggravation of the damage, even after
the expiry of that period, provided, that final judgment
has not been entered in the case.
Sec. 63. Prescription with Respect to Nuclear
Materials Lost, Stolen, etc. Where nuclear damage is
caused by a nuclear incident involving nuclear
material which at the time of the nuclear incident was
stolen, lost, jettisoned or abandoned, the period
established pursuant to Section sixty-two of this Act
shall be computed from the date of that nuclear
incident, but the period shall in no case exceed a
period of twenty years from the date of the theft, loss,
jettison or abandonment.
PRESIDENTIAL DECREE No. 1866
CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL
POSSESSION, MANUFACTURE, DEALING IN,
ACQUISITION OR DISPOSITION, OF FIREARMS,
AMMUNITION OR EXPLOSIVES OR
INSTURMENTS USED IN THE MANUFACTURE OF
FIREARMS, AMMUNITION OR EXPLOSIVES, AND
IMPOSING STIFFER PENALTIES FOR CERTAIN
VIOLATIONS THEREOF AND FOR RELEVANT
PURPOSES
Punishable Acts:
1. Unlawful Manufacture, Sale, Acquisition,
Disposition or Possession of Firearms or
Ammunition or Instruments Used or Intended to
be used in the Manufacture of Firearms of
Ammunition.
 The possession of any machinery, tool or
instrument used directly in the manufacture
of firearms or ammunition, by any person
whose business or employment does not
lawfully deal with the manufacture of
firearms or ammunition, shall be prima facie
evidence that such article is intended to be
used in the unlawful/illegal manufacture of
firearms or ammunition.
2. Unlawful Manufacture, Sales, Acquisition,
Disposition or Possession of Explosives.
 The possession of any machinery, tool or
instrument directly used in the manufacture
of explosives, by any person whose
business or employment does not lawfully
deal with the manufacture of explosives shall
be prima facie evidence that such article is
intended to be used in the unlawful/illegal
manufacture of explosives.
3. Tampering of Firearm’s Serial Number.
4. Repacking or Altering the Composition of
Lawfully Manufactured Explosives.
Unauthorized Issuance of Authority to Carry Firearm
and/or Ammunition Outside of Residence
REPUBLIC ACT NO. 9160
As amended by REPUBLIC ACT 9194
THE ANTI MONEY LAOUNDERING ACT OF 2001
Money laundering is a scheme whereby the
proceeds of an illegal activity are transacted and
made to appear to have originated from legitimate
sources.
The institutions covered by AMLA are the ff:
a) All those supervised and regulated by BSP;
b) All those supervised and regulated by the SEC;
c) All those supervised and regulated by the
insurance Commission.
Money laundering is committed by:
1. Any person knowing that a monetary instrument
is related to the proceeds of an unlawful activity,
enters or attempts to enter into a transaction
using the said monetary instrument;
2. Any person knowing that a monetary instrument
involves the proceeds of an unlawful activity,
performs or fails to perform any act as a result of
which he facilitates the offense of money
laundering;
3. Any person knowing that a monetary instrument
is required under the AMLA to be disclosed and
filed with the Anti-Money Laundering Council,
fails to do so.
Offenses punishable under AMLA
1. Failure to keep records – committed by any
responsible official or employee of a covered
institution who fails to maintain and safely store
all records of transactions for five years from the
dates the transactions were made or when the
accounts were closed;
2. Malicious reporting – committed by any person,
with malice or in bad faith, reports or files a
completely unwarranted or false information
regarding money laundering;
3. Breach of Confidentiality;
4. Administrative Offenses – Filed against officers
and employees of covered institutions or any
person who violates the provisions of AMLA.
Definition of terms:
Covered transaction – A transaction in cash or other
equivalent monetary instrument involving a total
amount in excess of 500,000.00 pesos that is done
with the covered institution within 1 banking day.
 REPUBLIC ACT NO. 8550
Suspicious transaction – Transaction which must be THE PHILIPPINE FISHERIES CODE OF 1998
reported by a covered institution regardless of the
amount involved provided that the following
AN ACT PROVIDING FOR THE DEVELOPMENT,
circumstances are present.
MANAGEMENT AND CONSERVATION OF THE
1. The individual making the transaction is not
FISHERIES AND AQUATIC RESOURCES,
properly identified;
INTEGRATING ALL LAWS PERTINENT THERETO
2. There is no underlying legal or trade obligation
AND FIR OTHER PURPOSES
purpose or economic justification for that
transaction;
Sec. 3. Application of its Provisions. The provisions of
3. The amount involved is not commensurate with
this Code shall be enforced in:
the business or financial capacity of the individual
a) All Philippine waters including other waters over
making the transaction;
which the Philippines has sovereignty and
4. The transaction is structured in a manner that
jurisdiction, and the country’s 200-nautical mile
invites suspicion, that it is trying to avoid the
Exclusive Economic Zone (EZZ) and continental
reporting requirement under the AMLA;
shelf;
5. Any circumstance relating to the transaction
b) All aquatic and fishery resources whether inland,
which is observed to deviate from the client’s past
coastal or offshore fishing areas, including but
transactions;
not limited to fishponds, fish pens/cages; and
6. The transaction is in any way related to an
c) All lands devoted to aquaculture, or businesses
unlawful activity under the AMLA.
and activities relating to fishery, whether private
of public lands.
What are considered unlawful activities under the
AMLA:
Sec. 5. Gen. Rule: The use and exploitation of the
1. Kidnapping for Ransom
fishery and aquatic resources in Philippine waters
2. Drug Offenses
shall be reserved exclusively to Filipinos.
3. Graft and Corrupt Practices
4. Plunder
Exception: Research and survey activities may be
5. Robbery and Extortion
allowed provided that the activities:
6. Jueteng and Masiao
1. Will be under strict regulations;
7. Piracy on the High Seas
2. Are for purely research, scientific, technological
8. Qualified Theft
and educational purposes;
9. Swindling
3. Should also benefit Filipino citizens.
10. Smuggling
11. Electronic Commerce Crimes
Sec. 10. Gen. Rule: Introduction of Foreign Aquatic
12. Hijacking, destructive arson and murder
Species in the Philippine Waters is prohibited.
13. Securities Fraud
14. Felonies or offenses of a similar nature
Exceptions:
punishable under the penal laws of other
1. Foreign aquatic species introduced with a sound
countries.
ecological, biological and environmental
justification based on scientific studies subject to
N.B. Under the AMLA, a person can be prosecuted a
the bio-safety standards as provided for by
punished for both the underling unlawful activity and
existing laws;
the money laundering offense and the proceeds
2. Introduction of foreign aquatic species for
thereof can be confiscated or forfeited in favor of the
scientific/research purposes.
government.
Sec. 12. All government agencies as well as private
What is the effect of the bank deposit secrecy
corporations, firms and entities who intend to
laws on the implementation of AMLA?
undertake activities or projects which will affect the
When reporting covered or suspicious transactions to
quality of the environment shall be required to prepare
the Anti-Money Laundering Council, covered
a detailed Environmental Impact Statement (EIS) prior
institutions and their officers and employees are not
to undertaking such development activity.
deemed to have violated the bank deposit secrecy
laws. However, they are strictly prohibited from
Sec. 13. All Environmental Impact Statements (EIS)
disclosing such transaction to any person in any
shall be submitted to the Department of Environment
manner or by any means. The violation of
and Natural Resources (DENR) for review and
confidentiality makes them criminally liable.
evaluation. No person natural or juridical shall
undertake any development project without first
securing an Environmental Compliance Certificate
(ECC) from the Secretary of the DENR.
Sec. 19. The LGU shall maintain a registry of
municipal fisherfolk, who are fishing or may desire to
fish in municipal waters for the purpose of determining
priorities among the, of limiting entry into the
municipal waters, and of monitoring fishing activities
and/or other related purposes.
Sec. 26. Commercial Fishing Vessel License and
Other Licenses. – A license from the Department of
Agriculture is necessary in the following:
1. To operate a commercial fishing vessel;
2. Operate pearl fishing vessel;
3. Engage in fishing for scientific, research or
educational purposes;
4. Engage in any fishery activity;
5. Seek employment as a fishworker or pearl diver.
No such license shall be required when all of the
following requisites are present:
 The fishing vessel is engaged in scientific,
research or educational purposes within
Philippine waters;
 Such is pursuant to an international agreement of
which the Philippines is a signatory;
 The agreement defines the status, privileges and
obligations of said vessel and its crew and non-
Filipino official of the international agency under
which said vessel operates.
Sec. 27. Persons Eligible for Commercial Fishing
Vessel License. Commercial fishing vessel license
shall be issued only to:
 Citizens of the Philippines;
 Partnerships, associations, cooperatives or
corporations duly registered in the Philippines at
least sixty percent (60%) of the capital stock of
which is owned by Filipino citizens.
No person to whom a license has been issued shall
sell, transfer or assign, directly or indirectly his stock
or interest therein to any person not qualified to hold a
license.
Any such transfer, sale or assignment shall be null
and void and shall not be registered in the books of
the association, cooperative or corporation.
Sec. 29. The fishing gear that will be utilized by a
licensed commercial fishing vessel shall be registered
and licensed before the commencement of any fishing
operations.
Sec. 30. Renewal of Commercial Boat License. The
commercial fishing boat license shall be renewed
every three (3) years.
The owner/operator of a fishing vessel has a period of
sixty (60) days prior to the expiration of the license
within which to renew the same.
Sec. 31. Report of Transfer of Ownership. The
owner/operator of a registered fishing vessel shall
notify the Department in writing of transfer of the
ownership of the vessel with a copy of such document
within ten (10) days after its transfer to another
person.
Sec. 32. Fishing by Philippine Commercial Fishing
Fleet in International Waters. Fishing vessels of
Philippine registry may operate in international waters
or waters of other countries which allow such fishing
operations subject however to the following
conditions:
 They comply with the safety, manning and other
requirements of the Philippine Coast Guar,
Maritime Industry Authority and other agencies
concerned;
 They secure an international fishing permit from
the Department of Agriculture;
 They secure certificates of clearance from the
Department of Agriculture;
 The fish caught by such vessels shall be
considered as caught in the Philippine waters
and therefore not subject to all import duties.
 Fisherworkers on board Philippine registered
fishing vessels conducting fishing activities
beyond the Philippine Exclusive Economic Zone
are not considered as overseas Filipino workers.
Sec. 33. Importation of Fishing Vessels or
Construction of New Fishing Boats. Prior to the
importation of fishing vessels and the construction of
new fishing vessels, the approval/clearance of the
Department must first be obtained.
Sec. 51. Fish pens, fish cages, fish traps and other
structures for the culture of fish and other fishery
products shall be constructed and shall operate only
within established zones duly designated by LGU.
That fish pens and fish cages located outside
municipal waters shall be constructed and operated
only within fish pen and fish cage belts designated by
the Department and after corresponding licenses
therefore have been secured and the fees thereof
paid.
Sec. 55. The lessee or licensee cannot undertake any
construction which will obstruct the free navigation in
any stream over river, lakes, or bays flowing through
or adjoining the fish pens, fish cages, fish traps and
fishponds or impede the flow of the tide to and from
the area.
Any construction made in violation hereof shall be
removed upon the order of the Department in
coordination with the other government agencies
concerned at the expense of the lessee, licensee, or
occupants thereof
Prohibitions
Gen. Rule: No person shall exploit, occupy, produce,
breed, culture, capture or gather fish, fry or fingerlings
of any fishery species or fishery products, or engage
in any fishery activity in Philippine waters without a
license, lease or permit (Sec. 86).
Exception: Fishing for daily food sustenance or for
leisure which in not for commercial, occupation or
livelihood purposes may be allowed (Sec. 86).
Discovery of any person in an area where he has no
permit or registration papers for a fishing vessel shall
constitute a prima facie presumption that the person
and/or vessel is engaged in unauthorized fishing
(Sec. 86).
 Poaching in Philippine Waters. It shall be
unlawful for any foreign person, corporation or
entity to fish or operate any fishing vessel in
Philippine waters (Sec. 87).
- The entry of any foreign fishing vessel in
Philippine waters shall constitute a prima
facie evidence that the vessel is engaged in
fishing in Philippine waters.
 Fishing Through Explosives, Noxious or
Poisonous Substance, and/or Electricity (Sec.
88).
Except:
 When allowed by the Department of Agriculture
for research, educational or scientific purposes,
or
 The use of poisonous or noxious substances is
meant to eradicate predators in fishponds and is
in accordance with accepted scientific practices
and does not cause adverse environmental
impact in neighboring waters and grounds.
 It will likewise be unlawful for any person,
corporation or entity to possess, deal in, sell or in
any manner dispose of, any fish or fishery
species which have been illegally caught, taken
or gathered (Sec. 88).
 Mere possession of explosive, noxious or
poisonous substances or electrofishing devices
for illegal fishing shall be punishable (Sec. 88).
 Actual use of explosive. Noxious or poisonous
substances or electrofishing devices for illegal
fishing shall be punishable (Sec. 88).
Gen. Rule: It shall be unlawful to engage in fishing
using nets with mesh smaller than that with which
may be fixed by the Department (Sec. 89).
Exception: The prohibition on the use of fine mesh
net shall not apply to the gathering of fry, glass eels,
elvers, tabios, and alamang and such species which
by their nature are small but already mature to be
identified in the implementing rules and regulations by
the Department (Sec. 89).
 Use of Active Gear in the Municipal Waters and
Bays and Other Fishery Management Areas
(Sec. 90).
Active fishing gear – is a fishing device
characterized by gear movement, and/or the pursuit
of the target species by towing, lifting, and pushing
the gears, surrounding, covering, dredging, pumping
and scaring the target species to impoundments;
such as, but not limited to, trawl, purse seines, Danish
seines, bag nets, paaling, drift gill net and tuna
longline.
Gen. Rule: It shall be unlawful for any person or
corporation to gather, possess, sell or export ordinary
precious and semi-precious corals, whether raw or in
processed form (Sec. 91).
Exception: When the possession is for scientific or
research purposes (Sec. 91).
 Use of Muro-Ami, Other Methods and Gear
Destructive to Coral Reefs ad Other Marine
Habitat (Sec. 92).
 It shall likewise be unlawful for any person or
corporation to gather, sell or export white sand,
silica, pebbles and any other substances which
make up any marine habitat (Sec. 92.).
 It shall be unlawful to engage in fishing with the
use of superlights in municipal waters or in
violation of the rules and regulations which may
be promulgated by the Department on the use of
superlights outside municipal waters (Sec. 93).
Superlight – also called magic light, is a type of light
using halogen or metal halide bulb which may be
located above the sea surface or submerged in the
water. It consists of a ballast, regulator, electric cable
and socket:
 It shall be unlawful for any person to convert
mangroves into fishponds or for any other
purposes (Sec. 94).
 Fishing in Over fished Area and During Closed
Season (Sec. 95).
 Fishing in Fishery Reserves Refuge and
Sanctuaries (Sec. 96)
 Fishing or Taking of Rare, Threatened or
Endangered Species (Sec. 97).
 Capture of Sabalo ad Other Breeders/Spawners
(Sec. 98).
Except:
a. For local breeding purposes; or
b. Scientific or research purposes subject to
guidelines to be promulgated by the Department.
 Exportation of Breeders, Spawners, Eggs or Fry
(Sec. 99).
 Importation or Exportation of Fish or Fishery
Species in violation of this Code (Sec. 100).
 Violation of Catch Ceilings (Sec. 101).
 Aquatic Pollution (Sec. 102).
 Failure to Comply with Minimum Safety
Standards (Sec. 103).
 Failure to Conduct a Yearly Report on all
Fishponds, Fish pens and fish Cages (Sec. 103).
 Take, sell, transfer, or have in possession for any
purpose any shell fish which is sexually mature
or below the minimum size or above the
maximum quantities prescribed for the particular
species (Sec. 103).
 Obstruction to Navigation or Flow and Ebb of
tide in any Stream, River, Lake of Bay (Sec.
103).
 Construct and operate fish corrals/traps, fish
pens and fish cages without a license/permit
(Sec. 103).
 Employing Unlicensed Fisherfolk or Fishworker
or Crew (Sec. 104).
 Obstruction of Defined Migration Paths (Sec.
105).
Evading, obstructing or hindering any fishery law
enforcement officer of the Department to perform his
duty (Sec. 106)
REPUBLIC ACT NO. 7669
HEINOUS CRIMES ACT
AN ACT TO IMPOSE THE DEATH PENALTY ON
CERTAIN HEINOUS CRIMES, AMENDING FOR
THAT PURPOSE THE REVISED PENAL LAWS,
AND FOR OTHER PURPOSES
Basis: Article III, Section 19 paragraph (1) of the
Constitution, to wit:
“Excessive fines shall not be imposed nor cruel,
degrading or inhuman punishment inflicted. Neither
shall death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the
Congress hereafter provides for it…”
List of Heinous Crimes:
1. Treason
2. Qualified Piracy
3. Qualified Bribery
4. Parricide
5. Murder
6. Infanticide
Except: When committed by the mother or by the
maternal grandparent/s in order to conceal the
dishonor of the former
 In such case, the penalty shall be prision
mayor and reclusion temporal respectively.
7. Kidnapping and Serious Illegal Detention if:
a) Had lasted for more than 3 days
b) Had been committed simulating public
authority
c) Serious physical injuries had been inflicted
upon the person kidnapped or detained; or if
threats to kill him had been made
d) The person kidnapped or detained shall be a
minor
Except: When the accused is any of the
parents, female or a public officer
e) Committed for extorting ransom
f) Victim dies as a consequence of the
detention
g) Victim was raped
h) Victim was subjected to torture or
dehumanizing acts
8. Robbery when committed with homicide or when
accompanied by rape or intentional mutilation or
arson
9. Destructive Arson
10. Rape when:
a) Committed with the use of a deadly weapon
or by two or more persons;
b) By reason or on occasion of rape, the victim
has become insane;
c) Rape is attempted or frustrated and a
homicide is committed;
d) The victim is a minor and the offender is a
parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within the
third civil degree or the common-law spouse
of the parent of the victim;
e) The victim is under police or military custody;
f) Committed in full view of the husband,
parent, any of the children or other relatives
within the third degree of consanguinity;
g) The victim is a religious or a child below 7
years old.
h) The offender knows that he is afflicted with
AIDS;
i) Committed by any member of the AFP, PNP
or any law enforcement agency; and
j) By reason or on occasion of rape, the victim
has suffered permanent physical mutilation.
11. Plunder
12. Violation of Dangerous Drugs Act
Cases when death penalty shall not be imposed:
1. guilty person is a minor at the time of the outcome of the investigation of, or official
commission of the crime; proceedings in, criminal cases;
2. guilty person is more than 70 years old; 7. soliciting, accepting, or agreeing to accept any
3. upon appeal or automatic review by the SC; benefit in consideration of abstaining from,
4. when the required majority vote is not obtained discounting or impeding the prosecution of a
for the imposition of death penalty. criminal offender;
8. threatening directly or indirectly another with the
 Death sentence shall be suspended when the infliction of any wrong upon his person, honor or
convict is a pregnant woman or within one year property or that of any immediate member or
after delivery members of his family in order to prevent such
 Death sentence shall be carried out not later person from appearing in the investigation of, or
than one year after the judgment has become official proceedings in, criminal cases, or
final. imposing a condition, whether lawful or unlawful,
 The convict may be anaesthesized if he so in order to prevent a person from appearing in
desires. the investigation of or in official proceedings in,
criminal cases;
N.B. Final sentence of death penalty in case of a 9. giving of false or fabricated information to
heinous crime may be subject to the president’s mislead or prevent the law enforcement agencies
pardon. from apprehending the offender or from
protecting the life or property of the victim; or
fabricating information from the data gathered in
confidence by investigating authorities for
PRESIDENTIAL DECREE NO. 1829 purposes of background information and not for
publication and publishing or disseminating the
PENALIZING OBSTRUCITON OF APPREHENSION same to mislead the investigator or to the court.
AND PROSECUTION OF CRIMINAL OFFENDERS
N.B. If any of the foregoing acts is committed by a
Punishable Acts: public official or employee, he shall, in addition to the
1. preventing witnesses from testifying in any penalties provided thereunder, suffer perpetual
criminal proceeding or from reporting the disqualification from holding public office.
commission of any offense or the identity of any
offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or
threats;
2. altering, destroying, suppressing or concealing
any paper, record, document or concealing any
paper, record, document or object, with intent to
impair its verity, authenticity, legibility, availability,
or admissibility as evidence in any investigation
of or official proceedings in, criminal cases, or to
be used in the investigation of, or official
proceedings in, criminal cases;
3. harboring or concealing, or facilitating the escape
of, any person he knows, or has reasonable
ground to believe or suspect, has committed any
offense under existing penal laws in order to
prevent his arrest, prosecution and conviction;
4. publicly using a fictitious name for the purpose of
concealing a crime, evading prosecution or the
execution of a judgment, or concealing his true
name and other personal circumstances for the
same purpose or purposes;
5. delaying the prosecution of criminal cases by
obstructing the service of process or court orders
or disturbing proceedings in the fiscal’s offices, in
Tanodbayan, or in the courts;
6. making, presenting or using any record,
document, paper or object with knowledge of its
falsity and with intent to affect the course or