Professional Documents
Culture Documents
ART. 265 – LESS SERIOUS PHYSICAL INJURIES. 1. When the victim is under 18 years of age and the
offender is a parent, ascendant, step-parent, guardian,
ELEMENTS: relative by consanguinity or affinity within the third civil
degree, or the common law spouse of the parent of the
1. The offended party is incapacitated for labor for 10 victim.
days or more but not more than 30 days, or needs 2. When the victim is under the custody of the police or
attendance for the same period. military authorities or any law enforcement or penal
2. The physical injuries must not be those described in the institution.
preceding articles. 3. When the rape is committed in full view of the spouse,
parent, or any of the children or other relatives within
QUALIFIED LESS SERIOUS PHYSICAL INJURIES: the third civil degree of consanguinity.
4. When the victim is a religious engaged in legitimate
1. A fine not exceeding P500, in addition to arresto religious vocation or calling and is personally known to
mayor, shall be imposed for less serious physical be such by the offender before or at the time of the
injuries when- commission of the crime.
a) there is manifest intent to insult or offend the 5. When the victim is a child below 7 years old.
injured person, or 6. When the offender knows that he is afflicted with
b) there are circumstances adding ignominy to the HIV/AIDS or any other sexually transmissible disease
offense. and the virus or disease is transmitted to the victim.
2. A higher penalty is imposed when the victim is either- 7. When committed by any member of the AFP or para-
a) The offender’s parents, ascendants, guardians, military units thereof of the PNP or any law
curators or teachers; or enforcement agency or penal institution, when the
b) Persons of rank or persons in authority, provided offender took advantage of his position to facilitate the
the crime is not direct assault. commission of the crime.
8. When by reason or on the occasion of the rape, the
victim has suffered permanent physical mutilation or
disability..
ART. 266. SLIGHT PHYSICAL INJURIES AND
9. When the offender knew the pregnancy of the offended
MALTREATMENT
party at the time of the commission of the crime.
KINDS: 10. When the offender knew the mental disability,
emotional disorder and/or physical disability of the
1. Physical injuries which incapacitated the offended party offended party at the time of the commission of the
from one to nine days, or required medical attendance crime.
during the same period
Death shall also be imposed when homicide is
2. Physical injuries which did not prevent the offended
committed (this is a special complex crime).
party from engaging in his habitual work or which did
not require medical attendance
266-C EFFECT OF PARDON
3. Ill-treatment of another by deed without causing any
injury
EFFECTS OF PARDON
1. The subsequent valid marriage between the offender
When there is no evidence of actual injury, it is only
and the offended party shall extinguish criminal liability
slight physical injuries.
(only as to the husband)
2. The subsequent forgiveness of the wife to the legal
ART. 266-A. THE ANTI-RAPE LAW
husband shall extinguish the criminal action or the
(RA 8353)
penalty.
Classification of Rape
1. Traditional Rape under Art. 335
ART. 266-D PRESUMPTIONS
2. Sexual Assault under R.A. 8353
EVIDENCE WHICH MAY BE ACCEPTED IN THE
How rape is committed:
PROSECUTION OF RAPE:
1. By a man who shall have carnal knowledge of a woman
1. Any physical overt act manifesting resistance against
under any of the following circumstances:
the act of rape in any degree from the offended party;
a) Through force, threat or intimidation
or
b) When the offended party is deprived of reason or
2. Where the offended party is so situated as to render
otherwise unconscious
him/her incapable of giving his consent
c) By means of fraudulent machinations or grave
abuse of authority ART. 267 – KIDNAPPING AND SERIOUS ILLEGAL
d) When the offended party is under twelve (12) DETENTION
years of age or is demented, even though none
ELEMENTS:
1. That the offender is a private individual. 1. That a minor (whether over or under seven years of
2. That he kidnaps or detains another, or in any other age) is living in the home of his parents or guardian or
manner deprives the latter of his liberty. the person entrusted with his custody.
3. That the act of detention or kidnapping must be illegal. 2. That the offender induces said minor to abandon such
4. That in the commission of the offense, any of the home.
following circumstances is present:
a) That the kidnapping or detention lasts for more ART. 272 – SLAVERY
than 3 days.
b) That it is committed simulating public authority. ELEMENTS:
c) That any serious physical injuries are inflicted
upon the person kidnapped or detained or threats 1. That the offender purchases, sells, kidnaps or detains a
to kill him are made; or human being
d) That the person kidnapped or detained is a minor, 2. That the purpose of the offender is to enslave such
female, or a public officer(cited in People vs. human being
Mercado)
ART. 273 – EXPLOITATION OF CHILD LABOR
Intention to deprive the victim of his liberty for purpose of
extorting ransom on the part of the accused is essential in ELEMENTS:
the crime of kidnapping
1. The offender retains a minor in his service
QUALIFYING CIRCUMSTANCES: DEATH PENALTY IS 2. That it is under pretext of reimbursing himself of a debt
IMPOSED incurred by an ascendant, guardian or person entrusted
1. Purpose is to extort ransom with the custody of such minor
2. If victim is killed, raped or tortured as a consequence
ART. 274 – SERVICES RENDERED UNDER COMPULSION
ART. 268 – SLIGHT ILLEGAL DETENTION IN PAYMENT
ELEMENTS: ELEMENTS:
1. That the offender is a private individual. 1. That the offender compels a debtor to work for him,
2. That he kidnaps or detains another, or in any manner either as household servant or farm laborer.
deprives him of his liberty. 2. That it is against the debtor’s will.
3. That the act of kidnapping or detention is illegal. 3. That the purpose is to require or enforce the payment
4. That the crime is committed without the attendance of of a debt.
the circumstances enumerated in Art. 267.
ART. 275 – ABANDONMENT OF PERSONS IN DANGER
LIABILITY MITIGATED WHEN: AND ABANDONMENT OF ONE’S OWN VICTIM
1. Offender voluntarily releases the person so kidnapped
or detained within three days from the commencement PUNISHABLE ACTS:
of the detention 1. By failing to render assistance to any person whom the
2. Without having attained the purpose intended, and offender finds in an uninhabited place wounded or in
3. Before the institution of criminal proceedings against danger of dying when he can render such assistance
him. without detriment to himself, unless such omission
shall constitute a more serious offense.
ART. 269 – UNLAWFUL ARREST
ELEMENTS:
ELEMENTS: a) The place is not inhabited
b) The accused found there a person wounded or in
1. That the offender arrests or detains another person danger of dying
2. That the purpose of the offender is to deliver him to the c) The accused can render assistance without
proper authorities detriment to himself
3. That the arrest or detention is not authorized by law d) The accused fails to render assistance
No period of detention is fixed by law under Art. 269. 2. By failing to help or render assistance to another whom
the offender has accidentally wounded or injured.
ART. 270 – KIDNAPPING AND FAILURE TO RETURN A 3. By failing to deliver a child, under seven years of age
MINOR whom the offender has found abandoned, to the
authorities or to his family, or by failing to take him to
ELEMENTS: a safe place.
1. That the offender is entrusted with the custody of a ART. 276 – ABANDONING A MINOR
minor person ( over or under 7 but less than 21)
2. That he deliberately fails to restore the said minor to ELEMENTS:
his parents or guardian 1. That the offender has the custody of a child .
2. That the child is under seven years of age.
When committed by either parent, penalty is only arresto 3. That he abandons such child.
mayor. 4. That he has no intent to kill the child when the latter is
abandoned.
ART. 285 – OTHER LIGHT THREATS a) That the offender pays the wages due a laborer or
employee employed by him by means of tokens or
PROHIBITED ACTS: objects
1. Threatening another with a weapon, or by drawing such b) That those tokens or objects are other than the
weapon in a quarrel, unless it be in lawful self-defense. legal tender currency of the Philippines.
2. Orally threatening another, in the heat of anger, with c) That such employee or laborer does not expressly
some harm constituting a crime , without persisting in request that he be paid by means of tokens or
the idea involved in his threat objects.
3. Orally threatening to do another any harm not
constituting a felony. ART. 289 – FORMATION , MAINTENANCE, &
PROHIBITION OF COMBINATION OF CAPITAL OR
LABOR THROUGH VIOLENCE OR THREATS
ART. 286 – GRAVE COERCION
ELEMENTS:
TWO WAYS OF COMMITTING GRAVE COERCION:
1. By preventing another by means of violence, threats or 1. That the offender employs violence or threats, in such a
intimidation, from doing something not prohibited by degree as to compel or force the laborers or employers
law. in the free and legal exercise of their industry or work.
2. By compelling another, by means of violence, threats 2. That the purpose is to organize, maintain or prevent
or intimidation, to do something against his will, coalitions of capital or laborers or lockout of employers.
whether it be right or wrong.
The act should not be a more serious offense
ELEMENTS:
1. That a person prevented another from doing something ART. 290 – DISCOVERING SECRETS THROUGH
not prohibited by law, or by compelling him to do SEIZURE OF CORRESPONDENCE
something against his will, be it right or wrong.
ELEMENTS:
2. That the prevention or compulsion be effected by
violence, either material force or such display of force
1. That the offender is a private individual or even a public
as would produce intimidation and control the will of
officer not in the exercise of his official function
the offended party.
2. That he seizes the papers or letters of another
3. That the person that restrained the will and liberty of
3. That the purpose is to discover the secrets of such
another had no authority.
other person
4. That the offender is informed of the contents of the
ART. 287 – LIGHT COERCION
papers or letters seized
ELEMENTS
ART. 291 – REVEALING SECRETS WITH ABUSE OF
1. That the offender must be a creditor.
OFFICE
2. That he seizes anything belonging to his debtor
3. That the seizure of the thing accomplished by means of ELEMENTS:
violence or a display of material force producing
intimidation 1. That the offender is a manager, employee or servant
4. That the purpose of the offender is to apply the same 2. That he learns the secrets of his principal or master in
to the payment of the debt. such capacity
3. That he reveals such secrets
Unjust vexation
Includes any human conduct which although not productive Damage not necessary
of some physical or material harm would, however, unjustly
annoy or vex an innocent person. ART. 292 – REVELATION OF INDUSTRIAL SECRETS
1. When by reason or on occasion of the robbery, the “Homicide” under this article is also used in its generic
crime of homicide is committed; or when the robbery is sense, to include any other unlawful killing. However, if the
accompanied by rape or intentional mutilation or arson. killing legally constituted murder or parricide, the offense
2. When by reason or on occasion of such robbery any of will continue to be covered by Art. 297 with the technical
the physical injuries resulting in insanity, imbecility, name stated therein, but the penalty shall be for murder or
impotency or blindness is inflicted (subdivision 1 of Art. parricide because Art. 297 states, “unless the homicide
263). (killing) committed shall deserve a higher penalty under this
3. When by reason or on occasion of robbery, any of the Code.”
physical injuries penalized in subdivision 2 of Art. 263
is inflicted. If physical injuries were inflicted on the victim, but no
4. If the violence or intimidation employed in the intent to kill was proved and the victim did not die,
commission of the robbery is carried to a degree clearly the liability of the offender may be as follows:
unnecessary for the commission of the crime; or when
in the course of its execution, the offender shall have 1. If the physical injuries were by reason of the attempted
inflicted upon any person physical injuries covered by or frustrated robbery as the means for the commission
subdivisions 3 and 4 of Art. 263. of the latter, the injuries are absorbed by the latter and
5. If the violence employed by the offender does not the crime shall only be attempted or frustrated
cause any of the serious physical injuries defined in Art. robbery.
263, or if the offender employs intimidation only. 2. If the physical injuries were inflicted only on the
occasion of the aborted robbery but not employed as a
These offenses are known as SPECIAL COMPLEX means of committing the latter, these will be separate
CRIMES. crimes of attempted or frustrated robbery and physical
injuries.
ART. 295-ROBBERY WITH 3. If both killing and physical injuries were committed on
PHYSICAL INJURIES, COMMITTED IN that occasion, the crime will be penalized in accordance
AN UNINHABITED PLACE BY A with Art. 297 but the physical injuries will be absorbed.
BAND OR WITH THE USE OF FIREARM
ON A STREET, ROAD OR ALLEY ART. 298-EXECUTION OF DEEDS
Qualified Robbery with Force Upon Things or Intimidation of BY MEANS OF VIOLENCE OR INTIMIDATION
Persons:
ELEMENTS
Nos. 3,4,5 of Article 294: if committed
1. That the offender has intent to defraud another.
1) In an uninhabited place (despoblado) ; or 2. That the offender compels him to sign, execute, or
2) By a band (en cuadrilla); or deliver any public instrument or document
3) By attacking a moving train, street car, motor vehicle, 3. That the compulsion is by means of violence or
or airship; or intimidation.
4) By entering the passengers’ compartments in a train,
or in any manner taking the passengers by surprise in ART. 299-ROBBERY IN AN
their respective conveyances; or INHABITED HOUSE/PUBLIC BUILDING
5) On a street, road, highway, or alley, and the OR EDIFICE DEVOTED TO WORSHIP
intimidation is made with use of firearms, the offender
shall be punished by the maximum period or the proper ELEMENTS: (Subdivision A)
penalties prescribed in Art. 294.
1. The offender entered (a) an inhabited house (b) a
ART.296-DEFINITION OF A BAND public building or (c) an edifice devoted to religious
AND PENALTY INCURRED BY THE MEMBERS THEREOF worship
OUTLINE 2. The entrance was effected by any of the following
means:
a) Through an opening not intended for entrance or
1) When at least four armed malefactors take part in the egress;
commission of a robbery, it is deemed committed by a
b) By breaking any wall, roof, floor, door, or window;
band.
c) By using false keys, picklocks or similar tools; or
2) When any of the arms used in the commission of
d) By using any fictitious name or pretending the
robbery is not licensed, the penalty upon all
exercise of public authority.
malefactors shall be the maximum of the corresponding
3. That once inside the building, the offender took
penalty provided by law without prejudice to the
personal property belonging to another with intent to
criminal liability for illegal possession of firearms.
gain
3) Any member by a band who was present at the
commission of a robbery by the band, shall be punished
as principal of any assaults committed by the band,
unless it be shown that he attempted to prevent the
same.
ELEMENTS: (Subdivision B)
1. Offender is inside a dwelling house, public building or ELEMENTS:
edifice devoted to religious worship, regardless of the
circumstances under which he entered. 1. There be at least four armed persons
2. The offender takes personal property belonging to 2. They formed a band of robbers
another with intent to gain under any of the following 3. The purpose is any of the following:
circumstances: a. To commit robbery in a highway; or
a. by the breaking of doors, wardrobes, chests, or b. To kidnap persons for the purpose of extortion or
any other kind of sealed furniture or receptacle to obtain ransom; or
b. by taking such furniture or objects away to be c. To attain by means of force or violence any other
broken open outside the place of the robbery purpose
Section 6. Clearance/Permit to Sell Used/ Second Hand 1. That money, goods, or other personal property be
Articles. received by the offender in trust, or on commission, or
for administration, or under any other obligation
All stores, establishments or entities dealing in the buy involving the duty to make delivery of , or to return,
and sell of any good, article, item, object or anything of the same
value shall, before offering the same for sale to the public, 2. That there be misappropriation or conversion of such
secure the necessary clearance or permit from the station money or property by the offender, or denial on his
commander of the Integrated National Police in the town or part of such receipt
city where such store, establishment or entity is located. 3. That such misappropriation or conversion or denial is to
the prejudice of another
Any person who fails to secure the required 4. That there is demand made by the offender party to
clearance/permit shall also be punished as a fence. the offender
1. That the offender postdated a check, or issued a check 3. The owner of any personal property who shall
in payment of an obligation wrongfully take it from its lawful possessor, to the
2. That such postdating or issuing a check was done when prejudice of the latter or any third person
the offender had no funds in the bank, or his funds
deposited therein were not sufficient to cover the ELEMENTS:
amount of the check a) That the offender is the owner of personal
property.
3 WAYS TO COMMIT 315, NO. 2(E) b) That said personal property is in the lawful
possession of another.
1) By obtaining food, refreshment or accommodation at c) That the offender wrongfully takes it from its
hotel, inn, restaurant, boarding house, lodging house or lawful possessor.
apartment house without paying thereof, with intent to
d) That prejudice is thereby caused to the possessor
defraud the proprietor or manager thereof
or third person.
2) By obtaining credit at any of the said establishments by
the use of any false pretense 4. Any person who, to the prejudice of another, shall
3) By abandoning or surreptitiously removing any part of execute any fictitious contract
his baggage from any of the said establishment after
obtaining credit, food, refreshment or accommodation 5. Any person who shall accept any compensation given
therein, without paying under the belief that it was in payment of services
rendered or labor performed by him, when in fact he
ELEMENT OF 315 NO. 3 (A) did not actually perform such services or labor
1. That the offender induced the offended party to sign a 6. Any person who, while being a surety in a bond given
document in a criminal or civil action, without express authority
2. That deceit be employed to make him sign the from the court or before the cancellation of his bond or
document before being relieved from the obligation contracted by
3. That the offended party personally signed the him, shall sell, mortgage, or, in any other manner,
document encumber the real property or properties with which he
4. That prejudice be caused guaranteed the fulfillment of such obligation.
ELEMENTS OF 315 NO. 3 (C) 1. That the offender takes advantage of the inexperience
or emotions or feelings of a minor
1. That there be court record, office files, documents or 2. That he induces such minor to assume an obligation, or
any other papers to give release, or to execute a transfer of any property
2. That the offender removed, concealed or destroyed any right.
of them 3. That the consideration is some loan of money, credit,
3. That the offender had intent to defraud another or other personal property
4. That the transaction is to the detriment of such minor
ART. 316-OTHER FORMS OF
SWINDLING ART. 318-OTHER DECEITS
This article provides for liability of the persons who act as ART. 353 LIBEL
accomplices in crimes against chastity (EXCEPT adultery and
concubinage where there can be no acomplices nor ELEMENTS:
acessories), shall be punished as principals. 1. That, there must be an imputation of a crime, or a vice
or defect, real or imaginary, or any act, omission,
In addition, teachers or persons entrusted with education condition, status or circumstance
and guidance of the youth are penalized with 2. That the imputation must be made publicly
disqualification. 3. That it must be malicious
Furthermore, all those falling within the terms of this 4. That the imputation must be directed at a natural
article shall be punished with special disqualification from person or a juridical person, or one who is dead
the office of guardian. 5. That the imputation must tend to cause the dishonor,
discredit, or contempt of the person defamed.
ART. 347 – SIMULATION OF BIRTHS, SUBSTITUTION
OF ONE CHILD FOR ANOTHER, CONCEALMENT OR ART. 354 – REQUIREMENT FOR PUBLICITY
ABANDONMENT OF A LEGITIMATE CHILD.
MALICE IN LAW – Every defamatory imputation is
ACTS PUNISHED: presumed to be malicious, even if it be true, if no good
1. Simulation of births intention or justifiable motive is shown.
2. Substituting of one child for another The PRESUMPTION is rebutted if it is shown by the accused
3. Concealing or abandoning any legitimate child with that –
intent to cause such child to lose its civil status a) The defamatory imputation is true, in case the law
allows proof of the truth of the imputation (see
ART. 348 – USURPATION OF CIVIL STATUS Art. 361)
b) It is published with good intention
Usurping the civil status of another is committed by c) There is justifiable motive for making it
assuming the filiation, or the parental or conjugal rights of
another with intent to enjoy the rights arising from the civil MALICE is not presumed in the following cases involving
status of the latter. qualifiedly privileged communication:
a) Private communication made by any person to
Crime is qualified if the purpose is to defraud offended another in the performance of any legal, moral or
parties and heirs. social duty.
b) A fair and true report of any judicial, legislative, or
ART. 349 – BIGAMY other proceedings which are not of confidential
nature or of any statement, report, or speech
ELEMENTS delivered in said proceedings, or of any other act
performed by public officers in the exercise of
1. That the offender is legally married their functions.
2. That the marriage has not been dissolved or, in case
the spouse is absent the absent spouse could not yet ART. 355 – LIBEL BY MEANS OF WRITINGS OR
be presumed dead according to the Civil Code. SIMILAR MEANS
3. That he contracts a second marriage or subsequent
marriage Committed by means of:
4. That the second or subsequent marriage has all the 1. Writing
essential requisites for validity. 2. Printing
3. Lithography
ART. 350 – MARRIAGE CONTRACTED AGAINST 4. Engraving or theatrical exhibition
PROVISIONS OF LAWS. 5. Radio
6. Phonograph
ELEMENTS: 7. Painting
8. Cinematographic
1. That the offender contracted marriage 9. Or any similar means
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.
c) The offender must not be guilty of bigamy.
ART. 356 THREATENING TO ART. 362 LIBELOUS REMARKS
PUBLISH AND OFFER TO PREVENT
SUCH PUBLICATION FOR A COMPENSATION Libelous remarks or comments connected with the matter
privileged under the provisions of Art. 354, if made with
Prohibited acts: malice, shall not exempt the author thereof nor the editor or
managing editor of a newspaper from criminal liability.
1) Threatening another to publish a libel concerning him,
or his parents, spouse, child or other members of the
family. ART. 363 – INCRIMINATING
2) Offering to prevent the publication of such libel for INNOCENT PERSONS.
compensation or money consideration
ELEMENTS:
ART. 357 – PROHIBITED
PUBLICATION OF ACTS REFERRED TO IN THE COURSE 1. That the offender performs an act
OF OFFICIAL PROCEEDINGS 2. That by such act he directly incriminates or imputes to
an innocent person the commission of a crime
ELEMENTS: 3. That such act does not constitute perjury
1. That the offender is a reporter, editor or manager of a ART. 364. INTRIGUING AGAINST HONOR.
newspaper, daily or magazine
2. He publishes facts connected with the private life of Committed by any person who shall make any intrigue which
another has for its principal purpose to blemish the honor or
3. Such facts are offensive to the honor, virtue and reputation of another.
reputation of said person
ART. 365 – IMPRUDENCE AND NEGLIGENCE
ART. 358 – SLANDER (oral defamation)
KINDS: ELEMENTS (RECKLESS IMPRUDENCE):
1. Simple slander
1. That the offender does or fails to do an act.
2. Grave slander, when it is of a serious and insulting nature
2. That the doing of or the failure to do that act is
Factors that determine the gravity of the oral voluntary.
defamation: 3. That it be without malice.
a. expressions used 4. That material damage results.
b. personal relations of the accused and the offended 5. That there is inexcusable lack of precaution on the part
party. of the person performing or failing to perform such act
c. the circumstances surrounding the case. taking into consideration -
d. social standing and position of the offended party. a) Employment or occupation.
b) Degree of intelligence, physical condition. and
ART. 359 - SLANDER BY DEED c) Other circumstances regarding persons, time and
place.
SLANDER BY DEED – is a crime against honor which is
committed by performing any act which casts dishonor, ELEMENTS (SIMPLE IMPRUDENCE):
discredit or contempt upon another person.
1) That there is lack of precaution on the part of the
ELEMENTS: offender.
2) That the damage impending to be caused is not
1. That the offender performs any act not included in any immediate nor the danger clearly manifest.
other crime against honor
2. That such act is performed in the presence of other
persons
3. That such act cast dishonor, discredit, or contempt
upon the offended party.