MEMORY AID IN CRIMINAL the old law is no longer punishable, the

crime is obliterated.
LAW
BOOK ONE ART. 1. TIME WHEN THE ACT TAKES
EFFECT
CRIMINAL LAW – The branch or division of
law which defines crimes, treats of their nature TWO SCHOOLS OF THOUGHT IN
and provides for their punishment. CRIMINAL LAW
CLASSICAL POSITIVIST
LIMITATIONS ON THE POWER OF
CONGRESS TO ENACT PENAL LAWS
1. Basis of Human free The sum of
The law must not: (CODE:VEBI)
criminal will social and
1. Violate the equal protection clause of the
liability economic
Constitution.
phenomena to
2. Partake the nature of an “ex post facto law”.
which the actor
3. Partake of the nature of a “bill of attainder”.
is exposed
4. Impose cruel and unusual punishment nor
2. Purpose Retribution Prevention or
excessive fines.
of penalty correction
3. Exempli- The RPC in The provisions
CHARACTERISTICS OF CRIMINAL LAW fied in general on impossible
1. GENERAL - criminal law is binding on all crimes and
persons who live or sojourn in Philippine habitual
territory (Art. 14, NCC.). delinquency
EXCEPTIONS: those who are exempted by:
a. Treaty stipulations.
b. Laws of preferential application NOTE: A third school of thought may be added
c. Principles of public internal law (i.e., which is called:
sovereigns and other chiefs of state, Eclectic or Mixed Philosophy – this combines
ambassadors, ministers plenipotentiary, both positivist and classical thinking. Crimes that
ministers resident, and their charges are economic in nature and social in nature
d’affaires. But consuls, vice-consuls should be dealt with in a positivist manner; thus,
and other commercial representatives of the law is more compassionate. Heinous crimes
foreign nations cannot claim the same should be dealt with in a classical manner: thus,
privileges and immunities. capital punishment as imposed by RA 7659 is
justified.
2. TERRITORIAL - criminal laws of the
Philippines are enforceable only within its ART. 2. APPLICATION OF ITS
territory. PROVISIONS
Exception to the Principle of Territoriality
EXCEPTION:
Art. 2 of the Revised Penal Code. RULES ON VESSELS:
1. A Philippine vessel or aircraft must be
3. PROSPECTIVE - penal laws cannot make understood as that which is registered in the
an act punishable in a manner in which it Philippine Bureau of Customs.
was not punishable when committed. As
provided in Article 366 of the Revised Penal 2. On Foreign Merchant Vessels:
Code, crimes are punished under the laws in
force at the time of their commission. FRENCH RULE ENGLISH RULE

EXCEPTION: GENERAL RULE: GENERAL RULE:

When a new statute dealing with the Crimes are not triable Crimes are triable in
crime established conditions more lenient or in the courts of the the country,
favorable to the accused, it can be given a country,
retroactive effect. EXCEPTION: EXCEPTION:
their commission they merely affect
EXCEPTION TO THE EXCEPTION: affects the peace and things within the vessel
a. The new law is expressly made security of the territory or they refer to the
inapplicable to pending actions or or the safety of the internal management
existing causes of actions. state is endangered. thereof.
b. The offender is a habitual criminal.
NOTE: The English rule is more assertive while
 If the new law totally repeals the existing law the French rule is more restrained.
so that the act which was penalized under

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
3. Merchant Vessel vs. Warship(Public Vessel) MALA IN SE vs. MALA PROHIBITA
(CODE: G-CLAMP)
MERCHANT WARSHIP MALA IN SE MALA
PROHIBITA
More or less subject to Territory of the country 1. As to The moral trait is The moral trait of
territorial laws where they belong. moral trait considered. the offender is not
Not subject to of the Liability will arise considered. It is
territorial laws offender only when there enough that the
is dolo or culpa. prohibited act was
ART. 3. FELONIES voluntarily done.
2. As to Good faith or Good faith is not a
GENERAL ELEMENTS OF FELONIES: use of lack of criminal defense.
1. There must be an act or omission i.e., good faith intent is a valid
external acts, internal acts are beyond as a defense; unless
the sphere of penal laws. defense the crime is the
2. The act or omission must be punishable result of culpa.
by the RPC; 3. As to The degree of The act gives rise
3. The act is performed or the omission degree of accomplishment to a crime only
incurred by means of dolo or culpa. accomplish of the crime is when it is
ment of the taken into consummated.
crime account in
CLASSIFICATION OF FELONIES
punishing the
ACCORDING TO THE MEANS BY WHICH offender.
THEY ARE COMMITTED 4. As to Mitigating and Mitigating and
mitigating aggravating aggravating
1. Intentional felonies - the act is performed and circumstances circumstances are
with deliberate intent or malice. aggravating are taken into not taken into
circumstan- account in account
REQUISITES OF DOLO OR MALICE: ces
imposing the
1. FREEDOM; penalty
2. INTELLIGENCE; 5. As to When there is Degree of
3. INTENT while doing the act or omitting degree of more than one participation is not
to do the act. Criminal intent is participati offender, the taken into
presumed from the commission of an on degree of account. All who
unlawful act. participation of perpetrated the
each in the act are punished
2. Culpable felonies – Performed without commission of to the same
malice. the crime s extent.
taken into
REQUISITES OF CULPA: account.
1. FREEDOM;
6. As to 1. Violation of 1. Violation of
2. INTELLIGENCE;
what laws the R.P.C. Special Laws
3. NEGLIGENCE AND IMPRUDENCE.
are (General (General rule)
Such negligence or indifference to duty
violated rule)
or to consequence is, in law, equivalent
to criminal intent.
REASON FOR PUNISHING ACTS OF TEST TO DETERMINE WHETHER OFFENSE
NEGLIGENCE: IS MALA IN SE:
A man must use common sense, and  The test is not the law punishing it but the
exercise due reflection in all his acts; it is nature of the act itself. Although as a rule,
his duty to be cautious, careful and special laws punish acts as mala prohibita, if
prudent. the act punished is wrongful in nature, or
inherently immoral, like the offense under
3. Mala Prohibita- the third class of crimes the Election Code regarding the omission of
punishable by SPECIAL LAWS, and where the voter’s name in the voter’s list, the act is
criminal intent (or criminal negligence) is considered wrong per se and not a wrong
not, as a rule, necessary, it being sufficient merely because it is prohibited. Hence, good
that the offender has the intent to faith and lack of criminal intent are valid
perpetrate the act prohibited by the special defenses (People vs Sunico [CA] 50 O.G.,
law. 5880)

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 INTENT MOTIVE ART. 6. CONSUMMATED,
1. purpose to use 1. moving power which FRUSTRATED AND
particular means to impels one to act ATTEMPTED FELONIES
effect such result
2. element of the 2. NOT an element of STAGES OF OFFENSES
crime, except in the crime 1.CONSUMMATED FELONY - A felony is
malum prohibitum consummated when all the elements
3. essential in 3. essential only when necessary for its execution and
intentional felonies the identity of the accomplishment are present.
perpetrator is in doubt
2. FRUSTRATED FELONY
ART. 4. CRIMINAL LIABILITY
ELEMENTS:
REQUISITES FOR CRIMINAL LIABILITY FOR (CODE: APNI)
A FELONY, DIFFERENT FROM THAT 1. The offender performs all the acts of
INTENDED TO BE COMMITTED execution
(ART 4 PAR. 1 ): 2. All the acts performed would produce
1. That an Intentional felony has been the felony as a consequence
committed; 3. But the felony is not produced
2. That the wrong done be different from that 4. By reason of causes independent of the
which was intended: and will of the perpetrator
3. That the intentional felony be the proximate
cause of the wrong done. 3. ATTEMPTED FELONY

PROXIMATE CAUSE -the cause, which, in ELEMENTS:

natural and continuous sequence, unbroken by
any efficient intervening cause, produces the
injury, and without which the result would not
have occurred.
CAUSES WHICH MAY PRODUCE A RESULT
DIFFERENT FROM THAT INTENDED
1. Error in personae - mistake in the identity of
the victim
2. Aberratio ictus- mistake in the blow
3. Praeter intentionem- the injurious result is
different from that intended
REQUISITES OF MISTAKE OF FACT AS
DEFENSE: (U.S. vs. Ah Chong)
1. The act done would have been lawful had
the facts been as accused believed them to
be
2. The intention of the accused in doing the act
was lawful
3. The mistake was without fault or
carelessness on the part of the accused
REQUISITES OF AN IMPOSSIBLE CRIME
(ART. 4, PAR. 2):
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
either inadequate or ineffectual.
4. That the act performed should NOT
constitute a violation of another provision of
the Revised Penal Code.
 There is no such thing as an attempted or
frustrated impossible crime.
(CODE: CANO)
1. The offender commences the
commission of the felony directly by
overt acts
2. He does not perform all the acts of
execution which should produce the
felony
3. The offender’s act be not stopped by his
own spontaneous desistance;
4. The non-performance of all acts of
execution was due to cause or accident
other than his 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.
 INDETERMINATE OFFENSE: One where
the purpose of the offender in performing an
act is not certain. The accused maybe
convicted for a felony defined by the acts
performed by him up to the time of
desistance. (People vs. Lamahang, 61 Phil
703)
TWO STAGES IN THE DEVELOPMENT OF A
CRIME:
1. Internal acts, such as mere ideas in the
mind of a person, are not punishable even if
they would constitute a crime, had they been
carried out.

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
2. External acts cover a) preparatory acts and
b) acts of execution.
a. Preparatory acts are ordinarily not
punishable. But preparatory acts,
considered by law as independent
crimes, are punishable (e.g. the
possession of picklocks under Art. 304,
RPC, which is a preparatory act to the
commission of robbery).
b. Acts of execution are punishable under
the Revised Penal Code.
FACTORS TO CONSIDER IN DETERMINING
WHETHER THE FELONY IS ATTEMPTED,
FRUSTRATED OR CONSUMMATED:
(CODE- MEN)
1. Nature of the offense
2. Elements constituting the felony
3. Manner of committing the felony
FORMAL CRIMES - consummated in one
instant, no attempt.
MATERIAL CRIMES - 3 stages of execution.
ART. 7. LIGHT FELONIES
GENERAL RULE: Light felonies are punishable
only when they have been consummated.
EXCEPTION: If committed against persons or
property, punishable even if attempted or
frustrated.
 Only principals and accomplices are liable
for light felonies
 Accessories are not liable, even if they are
committed against persons or property.
ART. 8. CONSPIRACY AND PROPOSAL
TO COMMIT FELONY
REQUISITES OF CONSPIRACY:
1. That two or more persons came to an
agreement;
2. That the agreement pertains to the
commission of a felony; and
3. That the execution of the felony be decided
upon.
TWO WAYS FOR CONSPIRACY TO EXIST:
1. There is a previous and express agreement;
2. The participants acted in concert or
simultaneously which is indicative of a
meeting of the minds towards a common
criminal objective. There is an implied
agreement.
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.
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
TWO ASPECTS OF CONSPIRACY OR
PROPOSAL TO COMMIT FELONY:
1. GENERAL RULE: As a manner of incurring
criminal liability.
2. EXCEPTION: As a separate punishable
offense.
RULES ON CONSPIRACY OR PROPOSAL TO
COMMIT A FELONY:
1. GENERAL RULE: Mere conspiracy and
proposal to commit a felony are not
punishable. Reason: conspiracy and
proposal to commit a crime are only
preparatory acts.
2. EXCEPTION: They are punishable in
cases in which the law specially
provides a penalty therefor.
 When conspiracy is only a basis for incurring
criminal liability, there must be an overt act
before the co-conspirators become
criminally liable. In which case, the rule is
that: “the act of one is the act of all”.
EXCEPTION: If any of the co-conspirators
would commit a crime not agreed upon, the
same is NOT the act of all.
EXCEPTION TO THE EXCEPTION: But in
acts constituting a “single indivisible
offense”, all will be liable for a crime
committed by one co-conspirator. The
defense of a particular conspirator would be
that he tried to prevent the commission of
such other act.
ART. 9. CLASSIFICATION OF FELONIES
ACCORDING TO GRAVITY
IMPORTANCE OF THE CLASSIFICATION:
a. To determine whether these felonies can be
complexed or not;
b. To determine the prescription of the crime
and the prescription of the penalty.
ART. 10. OFFENSES NOT SUBJECT TO
THE PROVISIONS OF THE RPC
GENERAL RULE: The provisions of the RPC on
penalties cannot be applied to offenses
punishable under special laws.
EXCEPTION: If the penalties in the special law
follow the penalties in the RPC, the rules in the
RPC shall be applicable (People vs Martin
Simon, July 1994).
ART. 11. JUSTIFYING CIRCUMSTANCES
JUSTIFYING CIRCUMSTANCES - are 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.
1. SELF-DEFENSE
REQUISITES:
1. Unlawful aggression (condition sine qua
non);
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. Lack of sufficient provocation on the part of
the person defending himself
 UNLAWFUL AGGRESSION is equivalent to
assault or at least threatened assault of an
immediate and imminent kind.
 TEST OF REASONABLENESS - the means
employed depends upon the nature and
quality of the (1) weapon used by the
aggressor, and (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.
 NOT required for reasonable necessity:
Perfect equality between the weapons used
by the one defending himself and that of the
aggressor is not required, nor material
commensurability between the means of
attack and defense. Reason: This is
because the person assaulted does not
have sufficient tranquility of mind to think
and to calculate.
 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.
1. Includes the right to honor. Hence, a slap
on the face is considered as unlawful
aggression directed against the honor of
the actor (People vs Sabio, 19 SCRA
901),
2. Includes defense of property rights, only
if there is also an actual and imminent
danger on the person of the one
defending (People vs Apolinar, 38 O.G.
2879).
2. DEFENSE OF RELATIVES
REQUISITES:
1. Unlawful Aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. In case the provocation was given by
the person attacked, the one making the
defense had no part therein.
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
RELATIVES THAT CAN BE DEFENDED:
(CODE: SAD B4R)
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted brothers and
sisters, or relatives by affinity in the same
degrees.
5. Relatives by consanguinity within the fourth
civil degree
3. DEFENSE OF STRANGER
REQUISITES:
1. Unlawful Aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. The person defending be not induced by
revenge, resentment or other evil motive.
4. AVOIDANCE OF GREATER EVIL OR
INJURY
REQUISITES:
1. That the evil sought to be avoided
actually exists;
2. That the injury feared be greater than
that done to avoid it; and
3. There be no other practical and less
harmful means of preventing it.
 The greater evil must not be brought about
by the negligence or imprudence of the
actor.
 Civil liability referred to in a state of
necessity is based not on the act committed,
but on the benefit derived from the state of
necessity. Thus, only the person benefited
is civilly liable.
5. FULFILLMENT OF DUTY; OR LAWFUL
EXERCISE OF RIGHT OR OFFICE
REQUISITES:
1. That the accused acted in the performance
of a duty or in the lawful exercise of a right
or office;
2. That the injury caused or the offense
committed be the necessary consequence
of the due performance of duty or the lawful
exercise of such right or office.
6. OBEDIENCE TO AN ORDER ISSUED FOR
SOME LAWFUL PURPOSE
REQUISITES:
1. That an order has been issued by a superior
2. That such order must be for some lawful
purpose
3. That the means used by the subordinate to
carry out said order is lawful
ART. 12. EXEMPTING CIRCUMSTANCES
DEFINITION:
Exempting circumstances (or the
circumstances for non-imputability) - are those
grounds for exemption from punishment,
because there is wanting in the agent of the 3. PERSON OVER NINE YEARS OF AGE
crime any of the conditions which makes the act AND UNDER FIFTEEN, ACTING WITHOUT
voluntary, or negligent. DISCERNMENT
BASIS: (CODE – FINI) Discernment - mental capacity (i.e. of a minor)
The exemption from punishment is based on the to fully appreciate the consequences of an
complete absence of intelligence, freedom of unlawful act.
action, or intent, or on the absence of Discernment may be shown by:
negligence on the part of the accused. a. The manner the crime was committed;
or
(CODE: CALL) b. The conduct of the offender after its
JUSTIFYING EXEMPTING commission
CIRCUMSTANCE CIRCUMSTANCE
1. It affects the act 1. It affects the actor 4. A PERSON WHO WHILE PERFORMING A
not the actor. not the act. LAWFUL ACT WITH DUE CARE, CAUSES
2. The act is 2. The act INJURY, BY MERE ACCIDENT WITHOUT
considered to have complained of is FAULT OR INTENTION OF CAUSING IT
been done within actually wrongful,
the bounds of law; but the actor is ELEMENTS:
hence, legitimate not liable. 1. A person is performing a lawful act;
and lawful in the 1. With due care;
eyes of the law. 2. He causes injury to another by mere
3. Since the act is 3. Since the act accident;
considered lawful, complained of is 3. Without fault or intention of causing
there is no crime. actually wrong, it.
there is a crime;
but since the actor
acted without 5. A PERSON WHO ACTS UNDER THE
voluntariness, COMPULSION OF AN IRRESISTIBLE FORCE
there is no dolo ELEMENTS:
nor culpa. 1. That the compulsion is by means of physical
4. Since there is no 4. Since there is a force.
crime, nor a crime committed 2. That the physical force must be irresistible.
criminal, there is though there is no 3. That the physical force must come from a
also no liability, criminal, there is third person.
criminal nor civil. civil liability.
6. A PERSON WHO ACTS UNDER THE
1. IMBECILITY OR INSANITY IMPULSE OF UNCONTROLLABLE FEAR
 Insanity or imbecility exists when there is a OF AN EQUAL OR GREATER INJURY
complete deprivation of intelligence freedom ELEMENTS:
of the will. 1. That the threat which causes the fear is of
an evil greater than, or at least equal to, that
 An insane person is not so exempt if it can which he is required to commit;
be shown that he acted during a lucid 2. That it promises an evil of such gravity and
interval. But an imbecile is exempt in all imminence that the ordinary man would
cases from criminal liability. have succumbed to it.

2 TESTS OF INSANITY:  Duress as a valid defense should be based

Test of COGNITION – complete deprivation
of intelligence in committing the crime.
Test of VOLITION – total deprivation of
freedom of will. (Pp. v. Rafanan)
2. PERSON UNDER NINE YEARS OF AGE
 An infant under the age of nine years is
absolutely and conclusively presumed to be
incapable of committing a crime.
 The phrase “under nine years” should be
construed “nine years or less”.
on real, imminent, or reasonable fear for
one’s life or limb and should not be
speculative, fanciful, or remote fear.
 Hence, duress is unavailing where the
accused had every opportunity to run away
if he had wanted to, or to resist any possible
aggression because he was also armed.
DISTINGUISHED FROM IRRESISTIBLE
FORCE:
In irresistible force (par. 5), the offender
uses violence or physical force to compel
another person to commit a crime; in
uncontrollable fear (par. 6), the offender
employs intimidation or threat in compelling

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
another to commit a crime. As to May be offset by Cannot be
7. A PERSON WHO FAILS TO PERFORM AN offset aggravating offset
ACT REQUIRED BY LAW, WHEN circumstance
PREVENTED BY SOME LAWFUL OR Where subsections 1 to Arts. 68, 69
INSUPERABLE CAUSE. found 10 of Article 13, and 64 of the
RPC. RPC.
ELEMENTS:
1. That an act is required by law to be done
PARAGRAPH 1: INCOMPLETE JUSTIFYING
2. That a person fails to perform such act
OR EXEMPTING CIRCUMSTANCE
3. That his failure to perform such act was due
1. Applies, when all the requisites necessary to
to some lawful or insuperable cause.
justify the act are not attendant.
2. But in the case of “incomplete self-defense,
ABSOLUTORY CAUSES
defense of relatives, and defense of
DEFINITION: stranger”, unlawful aggression must be
Absolutory cause – a circumstance which present, it being an indispensable requisite.
is present prior to or simultaneously with the
offense by reason of which, the accused PARAGRAPH 2: UNDER 18, OR OVER 70
who acts with criminal intent, freedom and YEARS OLD
intelligence does not incur criminal liability LEGAL EFFECTS OF VARIOUS AGES OF
for an act which constitutes a crime, such OFFENDER:
as: 1. The age of absolute irresponsibility - Under
1. Spontaneous desistance (Art.6) 9 years of age, an exempting circumstance
2. Accessories who are exempt from (Art. 12, par. 2);
criminal liability (Art. 20) 2. The age of mitigated responsibility - Over 9
3. Death or physical injuries under and under 15 years of age, acting without
exceptional circumstances (Art. 247) discernment is also an exempting
4. Persons exempt from criminal liability in circumstance, (Art. 12, par. 3; see Art. 68,
theft, swindling and malicious mischief par. 1);
(Art. 332) 3. Minor delinquent (under 18 years of age),
5. Instigation is an absolutory cause. the sentence may be suspended (Art. 192,
REASON: An instigator practically PD 603, as amended by PD 1179);
induces the “would-be accused” into the 4. Under 18 years of age, privileged mitigating
commission of the offense, and himself circumstance (Art. 68);
becomes a co-principal. Sound public 5. age of full responsibility - 18 years or over,
policy requires that the courts condemn full criminal responsibility;
this practice by directing the acquittal of 6. The age of mitigated responsibility - 70
the accused. years or over, mitigating circumstance (Art.
13, par. 2), no imposition of death penalty
ART. 13. MITIGATING CIRCUMSTANCES (Art. 47, par. 1), execution of death sentence
DEFINITION: if already imposed is suspended and
Mitigating circumstances - those which, if commuted (Art. 83).
present in the commission of the crime, do not
entirely free the actor from criminal liability, but PARAGRAPH 3: NO INTENTION TO COMMIT
serve only to reduce the penalty. SO GRAVE A WRONG
1. If the offender had no intention to commit so
BASIS: (CODE: FILI) grave a wrong as that committed, he is
Mitigating circumstances are based on entitled to a mitigating circumstance. This
the diminution of either freedom of action, can be taken into account only when the
intelligence, or intent, or on the lesser perversity facts proven show that there is a notable
of the offender. and evident disproportion between the
means employed to execute the criminal act
CLASSES OF MITIGATING and its consequences.
CIRCUMSTANCES: 2. This paragraph is not applicable to culpable
ORDINARY PRIVILEGED felonies.
As to If not offset, it will It operates to
the operate to reduce reduce the PARAGRAPH 4: PROVOCATION OR THREAT
effect the penalty to the penalty by one DEFINITION:
minimum period, to two DEGREES Provocation - is understood as any unjust or
provided the depending improper conduct or act of the offended party,
penalty is a upon what the capable of exciting, inciting, or irritating any one.
divisible one. law provides.

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
REQUISITES: (CODE: SOI) 1. That there be an act, both unlawful and
1. The provocation must be sufficient. sufficient to produce such a condition of
2. It must originate from the offended party. mind;
3. The provocation must be immediate to the 2. That said act which produced the
commission of the crime by the person who obfuscation was not far removed from the
is provoked. commission of the crime by a considerable
length of time, during which the perpetrator
 The threat should not be offensive and might recover his normal equanimity.
positively strong. Otherwise, the threat to
inflict real injury is an unlawful aggression, REASON: When there are causes naturally
which may give rise to self- defense. producing in a person powerful excitement, he
loses his reason and self-control, thereby
PARAGRAPH 5: VINDICATION OF GRAVE diminishing the exercise of his will power.
OFFENSE
REQUISITES: EXCEPTIONS: But even when there is actually
1. That there be a grave offense done to the passion or obfuscation on the part of the
one committing the felony, his spouse, offender, there is no mitigating circumstance if:
ascendants, descendants, legitimate, natural a. The act is committed in a spirit of
or adopted brothers or sisters, or relatives lawlessness; or
by affinity within the same degrees; b. The act is committed in a spirit of
2. That the felony is committed in vindication of revenge.
such grave offense.
PARAGRAPH 7: SURRENDER AND
 Immediate vindication means proximate. CONFESSION OF GUILT
Hence, a lapse of time is allowed between TWO MITIGATING CIRCUMSTANCES ARE
the vindication and the doing of the grave PROVIDED IN THIS PARAGRAPH:
offense. 1. Voluntary surrender to a person in authority
or his agents.
PROVOCATION VINDICATION 2. Voluntary confession of guilt before the
court, prior to the presentation of evidence
1. It is made directly 1. The grave offense for the prosecution.
only to the person may be
committing the committed also REQUISITES OF VOLUNTARY SURRENDER:
felony. against the (CODE: ASV)
offender’s 1. That the offender had not been actually
relatives arrested;
mentioned by law. 2. That the offender surrendered himself to a
person in authority or to the latter’s agent;
2. The cause that 2. The offended
3. That the surrender was voluntary.
brought about the party must have
provocation need done a grave
WHEN SURRENDER VOLUNTARY – A
not be a grave offense to the
surrender to be voluntary must be
offense. offender or his
spontaneous, showing the intent of the
relatives
accused to submit himself unconditionally to the
mentioned by law.
authorities, either because:
3. It is necessary that 3. The vindication of
1. he acknowledges his guilt; or
the provocation or the grave offense
2. he wishes to save them the trouble and
threat immediately may be
expense necessarily incurred in his
preceded the act. proximate, which
search and capture.
admits of an
INTERVAL of
REQUISITES OF VOLUNTARY PLEA OF
time.
GUILTY:
(CODE: SCoP)
PARAGRAPH 6: PASSION OR 1. That the offender spontaneously
OBFUSCATION confessed his guilt;
REQUISITES: 2. That the confession of guilt was made in
1. The accused acted upon an impulse. open court, that is, before the competent
2. The impulse must be so powerful that it court that is to try the case; and
naturally produced passion or obfuscation in 3. That the confession of guilt was made prior
him. to the presentation of evidence for the
prosecution.
REQUISITES OF THE MITIGATING
CIRCUSTANCE OF PASSION OR
OBFUSCATION

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 PARAGRAPH 8: PHYSICAL DEFECT OF THE (10)Unlawful entry
OFFENDER (11)By breaking wall, etc.
DEFINITION: (12)Aid of a minor (under 15 years)
Physical defect - referred to in this paragraph is
such as being armless, cripple, or a stutterer, 2. SPECIFIC-- those that apply only to
whereby his means to act, to defend himself, or particular crimes.
to communicate with his fellow human beings, is  USUALLY: ignominy in crimes against
limited. However, it is essential that the physical chastity; or cruelty and treachery in crimes
defect has some relation to the crime committed against persons
by him.  ENUMERATED:
(1) disregard of rank, age, or sex of
PARAGRAPH 9: ILLNESS OF THE offended party
OFFENDER (2) superior strength; or means to weaken
REQUISITES: the defense
1. That the illness of the offender diminishes (3) treachery
the exercise of his will power. (4) ignominy
2. That such illness should not deprive the (5) cruelty
offender of consciousness of his acts. (6) use of unlicensed firearm in murder or
homicide (Section 1, RA 8294)
PARAGRAPH 10: SIMILAR AND
ANALOGOUS CIRCUMSTANCES 3. QUALIFYING– those that change the nature
of the crime.
 Authorizes the court to consider in favor of  EXAMPLES: Alevosia (treachery), or evident
the accused “any other circumstance of a premeditation qualifies the killing of a person
similar nature and analogous to those to murder
mentioned” in paragraphs 1 to 9 of Article 4. INHERENT– those that must, of necessity,
13. accompany the commission of the crime.
These will not aggravate the crime.
ART. 14 AGGRAVATING  EXAMPLE: Evident premeditation is
CIRCUMSTANCES inherent in robbery, theft, estafa, adultery, or
DEFINITION: concubinage
Aggravating circumstances - are those which,
if attendant in the commission of the crime, (CODE: NO)
serve to increase the penalty without, however, QUALIFYING GENERIC
exceeding the maximum of the penalty provided AGGRAVATING AGGRAVATING
by law for the offense. CIRCUMSTANCE CIRCUMSTANCE

BASIS: 1. It does not only 1. Its effect is to

They are based on the greater perversity of the give the crime its increase the
offender manifested in the commission of the proper and penalty, which
felony, as shown by (1) the motivating power exclusive name, should be imposed
itself, (2) the place of commission, (3) the means but also places the upon the accused
and ways employed, (4) the time, or (5) the author thereof in without exceeding
personal circumstances of the offender, or of the such a situation as the limit prescribed
offended party. to deserve no by law. It does not
other penalty than change the crime
FOUR KINDS OF AGGRAVATING that specially
CIRCUMSTANCES: prescribed by law
1. GENERIC– those that can generally apply to for said crime.
all crimes
 USUALLY: dwelling; nighttime; recidivism 2. It cannot be offset 2. It may be
 ENUMERATED: by an ordinary compensated by a
(1) Advantage taken of public position mitigating mitigating
(2) Contempt or insult to public authorities circumstance. circumstance.
(3) Commission in the dwelling of the
offended party MODIFICATIONS IN THE APPLICATION OF
(4) Abuse of confidence; or obvious SOME AGGRAVATING CIRCUMSTANCES
ungratefulness (ACs)
(5) Places of commission
(CODE: No Personal Knowledge of Public
(6) Nighttime; uninhabited place; or band
Syndicate)
(7) Recidivism
1. ACs WHICH DO NOT HAVE THE EFFECT
(8) Reiteracion
OF INCREASING THE PENALTY. (a)
(9) Craft, fraud, or disguise

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 Those which in themselves, constitute a
crime specially punishable by law, and (b)
those which are included by the law in
defining a crime and prescribing the penalty
therefore (Art. 62, par. 1).
2. ACs WHICH ARE PERSONAL TO THE
OFFENDERS. Those which arise: a) from
the moral attributes of the offender, or b)
from his private relations with the offended
party, or c) from any other 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).
3. ACs WHICH DEPEND FOR THEIR
APPLICATION UPON THE KNOWLEDGE
OF THE OFFENDERS. Those which
consist 1) in the material execution of the
act, or 2) 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 (Art. 62, par. 4).
4. When in the commission of the crime,
advantage was taken by the offender of his
public position, or when the offense was
committed by a person who belongs to a
syndicated crime group, the maximum
penalty shall be imposed regardless of
mitigating circumstances.
PARAGRAPH 1: ADVANTAGE TAKEN OF
PUBLIC POSITION
TEST: Did the accused abuse his office in
order to commit the crime?
THIS CIRCUMSTANCE NOT APPLIED IN:
1. FALSIFICATION OF DOCUMENT
COMMITTED BY PUBLIC OFFICERS
UNDER ART. 171.
2. ACCESSORIES UNDER ART. 19, PAR.
3 crime. Thus, in (1) parricide, (2) abduction,
3. CRIMES COMMITTED BY PUBLIC
OFFICERS (FOUND IN ARTS. 204-
245).
PARAGRAPH 2: CONTEMPT OR INSULT TO
PUBLIC AUTHORITIES
REQUISITES:
1. That the public authority is engaged in the
exercise of his functions.
2. That he who is thus engaged in the exercise
of said functions 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.
 Knowledge that a public authority is present
is essential.
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
DEFINITION:
A 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.
PARAGRAPH 3: DISREGARD OF RANK,
AGE, OR SEX OF OFFENDED PARTY; OR
COMMISSION IN THE DWELLING OF THE
OFFENDED PARTY
 If all the four circumstances enumerated in
this paragraph are present, they have the
weight of only one aggravating
circumstance.
1. That the act be committed with
insult or in disregard of the
respect due the offended party on
account of the –
a. rank of the offended party. There must
be a difference in the social condition of
the offender and the offended party.
b. age of the offended party. Applies to
cases where the victim is of tender age
as well as of old age.
c. sex of the offended party. This refers to
the female sex, not to the male sex.
 This circumstance (rank, age, or sex) is
applicable only in crimes against
persons or honor.
DISREGARD OF RANK, AGE, OR SEX IS NOT
AGGRAVATING IN THE FOLLOWING CASES:
a. When the offender acted with passion and
obfuscation.
b. When there exists a relationship between
the offended party and the offender.
c. When the condition of being a woman is
indispensable in the commission of the
(3) seduction and (4) rape in Art. 266-A
par.1, sex is not aggravating
 Is disregard of sex absorbed in treachery?
The aggravating circumstance of
disregard of sex and age are NOT absorbed
in treachery because treachery refers to the
manner of the commission of the crime,
while disregard for sex and age pertains to
the relationship to the victim (P v. Lapaz;
March 31, 1989)
2. That the crime be committed in
the dwelling of the offended
party.
REASON for aggravating the commission of the
crime in one’s dwelling:
a. The abuse of confidence which the
offended party reposed in the offender
 by opening the door to him; or party; and
b. The violation of the sanctity of the home 3. That the act be committed with obvious
by trespassing therein with violence or ungratefulness.
against the will of the owner.  The confidence between the offender and
DEFINITIONS the offended party must be immediate and
 Dwelling - must be a building or structure, personal.
exclusively used for rest and comfort. It
includes dependencies, the foot of the PARAGRAPH 5: PLACES OF COMMISSION
staircase and enclosure under the house. Places:
1. Palace of the Chief Executive;
 There must be NO provocation, in order to 2. In the presence of the Chief Executive;
consider this AC. By PROVOCATION is 3. Where public officers are engaged in the
meant, one which is: discharge of their duties;
1.Given by the owner of the dwelling, 4. Place dedicated to religious worship.
2.Sufficient, and
3.Immediate to the commission of the
crime. PAR. 2: PAR. 5: PLACE
CONTEMPT OR WHERE PUBLIC
NOTE: For this circumstance to be INSULT TO AUTHORITIES
considered, it is NOT necessary that the PUBLIC ARE ENGAGED IN
accused should have actually entered the AUTHORITIES THE DISCHARGE
dwelling of the victim to commit the offense. OF THEIR DUTIES
It is enough that the victim was attacked
1. The public 1. The public
inside his own house, although the assailant
authorities are authorities, who
may have devised means to perpetrate the
performing their are in the
assault from without.
duties outside of performance of
their office. their duties, must
DWELLING IS NOT AGGRAVATING IN THE
be in their office.
FOLLOWING CASES:
2. The public 2. The public
a. When both offender and offended party are
authority should authority may be
occupants of the same house, even if the
not be the the offended party.
offended party is a servant in the house.
offended party.
 BUT in adultery, it is still aggravating
even if it was also the dwelling of the
unfaithful wife, because of a very grave NOTE: There is a decided case to the effect
offense against the head of the house. that the offender must have the intention to
BUT the rule is again different if both the commit a crime when he entered the place; i.e.
unfaithful wife and the paramour were “she must have murder in her heart” (People v.
living, and had the right to live, in the Jaurigue, 76 Phil 174). Any of the said places is
same house of the offended spouse. not therefore, aggravating, if the crime was
casually committed therein.
b. In robbery by use of force upon things and
trespass to dwelling because dwelling is PARAGRAPH 6: NIGHTTIME; UNINHABITED
inherent. PLACE; OR BAND
NIGHTTIME, UNINHABITED PLACE OR
PARAGRAPH 4: ABUSE OF CONFIDENCE; BAND IS AGGRAVATING –
OR OBVIOUS UNGRATEFULNESS 1. When it facilitated the commission of the
crime; or
REQUISITES OF ABUSE OF CONFIDENCE: 2. When it was especially sought for by the
1. That the offended party had trusted the offender to insure the commission of the
offender. crime or for the purpose of impunity; or
2. That the offender abused such trust by 3. When the offender took advantage thereof
committing a crime against the offended for the purpose of impunity.
party.
3. That the abuse of confidence facilitated the DEFINITIONS:
commission of the crime. 1. “For the purpose of impunity” - means to
prevent his (accused’s) being recognized, or
REQUISITES OF OBVIOUS to secure himself against detection and
UNGRATEFULNESS: punishment.
1. That the offended party had trusted the 2. “Nighttime” - is the period of darkness
offender; beginning at the end of dusk and ending at
2. That the offender abused such trust by dawn. Nighttime by and of itself is not
committing a crime against the offended necessarily aggravating. TESTS: (1) the

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 commission of the crime must begin and be
accomplished in the nighttime; or (2) the
offense must be actually be committed in the
darkness of the night.
3. “An uninhabited place” - is one where
there are no houses at all, a place at a
considerable distance from town, or where
the houses are scattered at a great distance
from each other. [TEST OF UNINHABITED
PLACE] But whether or not the crime is
attended by this aggravating circumstance
should be determined not by the distance of
the nearest house from the scene of the
crime, but whether or not in the place of the
commission of the offense there was a
reasonable possibility of the victim receiving
some help. [TEST OF WHETHER OR NOT
AGGRAVATING]
4. “BAND” - Whenever more than three armed
malefactors shall have acted together in the
commission of an offense, it shall be
deemed to have been committed by a band.
5. “Acted together” - means direct part in the
execution of the act constituting the crime.
Hence, if one of the four armed men is a
principal by inducement only, they do not
form a band, because a principal by
inducement connotes that he has no direct
participation in the perpetration thereof.
PARAGRAPH 7: ON OCCASION OF
CALAMITY OR MISFORTUNE
THE REASON for the existence of this
circumstance is found in 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 great suffering by taking
advantage of their misfortune to despoil them.
PARAGRAPH 8: AID OF ARMED MEN, ETC.
PAR 8 (“WITH AID OF ARMED MEN”)
VS. PAR. 6 (“BY A BAND”)
BAND ARMED MEN
1. requires more 1. AT LEAST 2
than three armed
malefactors
2. shall have acted 2. actual aid is not
together in the necessary, sufficient
commission of an even if offenders
offense. merely relied on the
aid of the armed
men
PARAGRAPH 9: RECIDIVIST
REQUISITES: (CODE: TriPS CONVICTED)
1. That the offender is on trial for an offense;
2. That he was previously convicted by final
judgment of another crime;
3. That both the first and the second offenses
are embraced in the same title of the Code;
4. That the offender is convicted of the new
offense.
 There is no recidivism if the subsequent
conviction is for an offense committed
before the offense involved in the prior
conviction.
PARAGRAPH 10: REITERACION OR
HABITUALITY
REQUISITES: (CODE: TriPLE CONVICTED)
1. That the accused is on trial for an offense;
2. That he previously served sentence for
another offense to which the law attaches an
equal or greater penalty, or for two or more
crimes to which it attaches lighter penalty
than that for the new offense.
3. That he is convicted of the new offense.

REQUISITES: RECIDIVISM REITERACION

1. That armed men or persons took part in the 1. It is enough that a 1. It is necessary that
commission of the crime, directly or final judgment has the offender shall
indirectly. been rendered in have served out
2. That the accused availed himself of their aid the first offense. his sentence for
or relied upon them when the crime was the first offense
committed. 2. Recidivism 2. The previous and
requires that the subsequent
Exceptions: offenses be offenses must
1. This aggravating circumstance shall not be included in the NOT be embraced
considered when both the attacking party same title of the in the same title of
and the party attacked were equally armed. Code. the Code
2. This aggravating circumstance is not
present when the accused as well as those
who cooperated with him in the commission FORMS OF REPETITION
of the crime acted under the same plan and 1. Recidivism (Par. 9, Art. 14)
for the same purpose. 2. Reiteracion or habituality (Par. 10, Art. 14)
3. Multi-recidivism or habitual delinquency (Art.
 Aid of armed men is absorbed by 62, Par. 5)
“employment by a band”. 4. Quasi-Recidivism (Art. 160)

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di

PARAGRAPH 11: PRICE, REWARD, OR
PROMISE
 When this aggravating circumstance is
present, there must be two or more
principals; the one who gives or offers the
price or promise and the one who accepts it.
 The evidence must show that one of the
accused used money or other valuable
consideration for the purpose of inducing
another to perform the deed.
 When this aggravating circumstance is
present, it affects not only the person who
received the price or the reward, but also the
person who gave it.
PARAGRAPH 12: BY MEANS OF
INUNDATION, FIRE, ETC.
 Any of the circumstances in paragraph 12
cannot be considered to increase the
penalty or to change the nature of the
offense unless used by the offender as a
means to accomplish a criminal purpose.
PAR. 12 PAR. 7
Under par. 12, the Under par.7, the crime
crime is committed by is committed on the
means of any of such occasion of a calamity
acts involving great or misfortune.
waste and ruin.
PARAGRAPH 13: EVIDENT PREMEDITATION
The essence of premeditation is that
the execution of the criminal act must be
preceded by cool thought and reflection upon
the resolution to carry out the criminal intent
during the space of time sufficient to arrive at a
calm judgment.
REQUISITES:
1. Proof of the time when the offender
determined to commit the crime;
2. An act manifestly indicating that the culprit
has clung to his determination; and
3. A sufficient lapse of time between the
determination and execution, to allow him to
reflect upon the consequences of his act
and to allow his conscience to overcome the
resolution of his will.
PARAGRAPH 14: CRAFT, FRAUD, OR
DISGUISE
DEFINITIONS:
1. Craft - involves the use of intellectual
trickery or cunning on the part of the
accused.
2. Fraud - involves the use of insidious
words and machination, used to induce
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
the victim to act in a manner, which
would enable the offender to carry out
his design.
3. Disguise - involves resort to any device
in order to conceal identity.
 When there is a direct inducement by
insidious words or machinations, fraud is
present; otherwise, the act of the accused
done in order not to arouse the suspicion of
the victim constitutes craft.
PARAGRAPH 15: SUPERIOR STRENGTH; OR
MEANS TO WEAKEN DEFENSE
1. Superior Strength - To take advantage of
superior strength means to use purposely,
excessive force out of proportion to the
means of defense available to the person
attacked.
 The aggravating circumstance of abuse of
superior strength depends on the age, size,
and strength of the parties.
2. Means to weaken the defense - The
offender employs means to materially
weaken the resisting power of the offended
party.
PARAGRAPH 16: TREACHERY (ALEVOSIA)
There is treachery when the offender
commits any of the crimes against the 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:
1. That at the time of the attack, the victim was
not in a position to defend himself;
2. That the offender consciously adopted the
particular means, method or form of the
attack employed by him.
 Killing a child is characterized by treachery,
because the weakness of the victim due to
his tender age results in the absence of any
danger to the accused.
RULES ON TREACHERY:CODE: (PICTA)
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.
4. Must be present at the proper time.
5. Treachery absorbs abuse of superior
strength, aid of armed men, by a band and
means to weaken the defense.
SUMMARY OF RULES WHEN TREACHERY
IS PRESENT:
a) When the aggression is continuous,
treachery must be present in the beginning
of the assault (People vs Canete, 44 Phil
478);
b) When the assault was not continuous in that
there was an interruption, it is sufficient that
treachery was present at the moment the
fatal blow was given (US vs Baluyot, 40 Phil
385).
PARAGRAPH 17: IGNOMINY
DEFINITIONS:
Ignominy - a circumstance pertaining to the
moral order, which adds disgrace and obloquy to
the material injury caused by the crime.
It must tend to make the effects of the
crime more humiliating or to put the offended
party to shame.
WHERE APPLICABLE:
This aggravating circumstance is applicable to:
1. crimes against chastity;
2. less serious physical injuries;
3. light or grave coercion;
4. and murder.
NOTE:
The Supreme Court considered
ignominy in the crime of rape (People vs.
Torrefiel [45 O.G.8803], US vs. Iglesia [21 Phil
155], People vs. Carmina [193 SCRA 429])
PARAGRAPH 18: UNLAWFUL ENTRY
There is unlawful entry when an
entrance is effected by a way not intended for
the purpose. It must be a means to effect
entrance and not for escape.
PARAGRAPH 19: BY A WALL, ROOF,
FLOORDOOR OR WINDOW BE BROKEN
ETC.
 To be considered as an aggravating
circumstance, breaking the door must be
utilized as a means to the commission of the
crime. The circumstance is aggravating only
in those cases where the offender resorted
to any of said means to enter the house. If
broken to get out of the place, it is not an
aggravating circumstance.
PARAGRAPH 20: AID OF MINOR (UNDER
15YEARS); OR BY MEANS OF MOTOR
VEHICLES, ETC.
TWO DIFFERENT CIRCUMSTANCES ARE
GROUPED IN THIS PARAGRAPH.
The first one tends to repress the
frequent practice resorted to by professional
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
criminals to avail themselves of minors taking
advantage of their irresponsibility; while the
second one is intended to counteract the great
facilities found by modern criminals in said
means to commit crime, and then flee and
abscond once the same is committed.
PARAGRAPH 21: CRUELTY
ESSENCE:
THERE IS CRUELTY when the culprit
enjoys and delights in making his victim suffer
slowly and gradually, causing him unnecessary
physical pain in the consummation of the
criminal act.
REQUISITES:
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.
IGNOMINY VS. CRUELTY
Ignominy (par. 17) involves moral suffering,
while cruelty (par. 21) refers to physical
suffering.
ART. 15 ALTERNATIVE
CIRCUMSTANCES
Alternative circumstances are those,
which must be taken into consideration as
aggravating or mitigating, according to the
nature and effects of the crime and the other
conditions attending its commission.
THE ALTERNATIVE CIRCUMSTANCES ARE:
(CODE: RID)
1. Relationship
2. Intoxication
3. Degree of instruction and education of the
offender
1. RELATIONSHIP - The alternative
circumstance of relationship shall be taken into
consideration when the offended party is the –
1. spouse
2. ascendant
3. descendant
4. legitimate, natural or adopted brother or
sister, or relative by affinity in the same
degree, of the offender.
 The relationship of stepfather or stepmother
and stepson or stepdaughter is included by
analogy to that of ascendant and
descendant.
WHEN MITIGATING AND WHEN
AGGRAVATING:
The law is silent as to when mitigating and when
aggravating.
 a. MITIGATING: As a rule, relationship is
mitigating in crimes against property, by
analogy to Art. 332 regarding “Persons
exempt from criminal liability”. OF
COURSE in view of Art. 332, when the
crime committed is: (a) theft, (b) estafa,
or (c) malicious mischief, relationship is
exempting, and not merely mitigating.
b. AGGRAVATING: It is aggravating in
crimes against persons in cases where
the offended is a relative of a higher
degree than the offender, or when the
offender and the offended party are
relatives of the same level.
 It is aggravating even if offended party is a
descendant, if offense is physical injuries
under Art. 263, except with regard to parents
who inflict injuries to their children by reason
of excessive chastisement.
 In crimes against chastity, relationship is
always aggravating, regardless of whether
the offender is a relative of a higher or lower
degree of the offended party.
 However, relationship is neither mitigating
nor aggravating, when relationship is an
element of the offense.
2. INTOXICATION - By state of intoxication is
meant that the offender’s mental faculties must
be affected by drunkenness.
WHEN MITIGATING AND WHEN
AGGRAVATING:
1. Mitigating, if intoxication is (1) not habitual,
or 2) not subsequent to the plan to commit a
felony.
2. Aggravating if intoxication is 1) habitual, or
2) if it is intentional (subsequent to the plan
to commit a felony).
3. DEGREE OF INSTRUCTION AND
EDUCATION OF THE OFFENDER
 Low degree of instruction and education or
lack of it is generally mitigating. High
degree of instruction and education is
aggravating, when the offender availed
himself of his learning in committing the
crime.
 Lack of instruction or low degree of it, is
appreciated as mitigating circumstance in
almost all crimes. EXCEPT in crimes, which
are inherently wrong, of which every rational
being is endowed to know and feel.
ART. 16. PERSONS WHO ARE
CRIMINALLY LIABLE
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
GRAVE AND LESS GRAVE FELONIES:
1. Principals
2. Accomplices
3. Accessories
LIGHT FELONIES:
1. Principals
2. Accomplices
 The classification of the offenders as
principal, accomplice, or an accessory is
true only under the RPC but not in the
special laws because the penalties under
the latter are not graduated.
Two parties in all crimes
1. ACTIVE subject (the criminal)
2. PASSIVE subject (the injured party)
ART. 17. PRINCIPALS
KINDS OF PRINCIPALS
1. PRINCIPAL BY DIRECT PARTICIPATION -
personally takes part in the execution of the act
constituting the crime
REQUISITES:
1. That they participated in the criminal
resolution;
2 That they carried out their plan and
personally took part in its execution by acts
which directly tended to the same end.
2. PRINCIPAL BY INDUCTION - the principal
by induction becomes liable only when the
principal by direct participation committed the
act induced.
TWO WAYS OF BECOMING A PRINCIPAL
BY INDUCTION:
1. Directly forcing another to commit a crime,
Two ways of directly forcing another to
commit a crime:
1. by using irresistible force
2. by causing uncontrollable fear
2. Directly inducing another to commit a
crime
Two ways of directly inducing another to
commit a crime:
1. by giving price, or offering reward or
promise
2. by using words of command
REQUISITES of #1 (Principal by
inducement, through giving price, etc):
In order that a person maybe
convicted as a principal by inducement,
the following requisites must be present-
1. that the inducement be made
directly with the intention of
procuring the commission of the
crime; and
 2. that such inducement be the 1. Participation in the criminal resolution,
determining cause of the that is, there is either anterior conspiracy
commission of the crime by the or unity of criminal purpose and intention
material executor immediately before the commission of
the crime charged; and
REQUISITES of #2 (Principal by 2. Cooperation in the commission of the
inducement, through words of offense by performing another act,
command): without which it would not have been
In order that a person using words accomplished
of command maybe held liable, the
following requisites must be present--- COLLECTIVE CRIMINAL RESPONSIBILITY
1. That the one uttering the words of (WHEN THERE IS CONSPIRACY)
command must have the intention of There is collective criminal responsibility
procuring the commission of the when the offenders are criminally liable in the
crime same manner and to the same extent. The
2. That the one who made the penalty to be imposed must be the same for all.
command must have an
ascendancy or influence over the INDIVIDUAL CRIMINAL RESPONSIBILITY
person who acted (WHEN THERE IS NO CONSPIRACY)
3. That the words used must be so The criminal responsibility arising from
direct, so efficacious, so powerful as different acts directed against one and the same
to amount to physical or moral person is individual and not collective, and each
coercion of the participants is liable only for the act
4. The words of command must be committed by him.
uttered prior to the commission of
the crime ART. I8. ACCOMPLICES
5. The material executor of the crime REQUISITES:
has no personal reason to commit CODE: (COMMUNITY COOPERATES
the crime previous supply RELATION)
1. That there be community of design; that is,
Principal by Offender who made knowing the criminal design of the principal
Inducement Proposal to Commit by direct participation, he concurs with the
a Felony latter in his purpose;
1. Becomes liable 2. The mere proposal 2. That he cooperates in the execution of the
only when the to commit a felony offense by previous or simultaneous acts,
crime is committed is punishable in but does not render him a principal by direct
by the principal by treason or participation or by indispensable
direct participation rebellion; the cooperation; and
person to whom 3. That there be a relation between the acts
the proposal is done by the principal and those attributed to
made should not the person charged as accomplice.
commit the crime,
otherwise, the ART. 19. ACCESSORIES
proponent
becomes a  An accessory must have knowledge of the
principal by commission of the crime and having
inducement knowledge he took part subsequent to its
3. Inducement 2. The proposal must commission
involves any involve only
crime. treason or SPECIFIC ACTS OF ACCESSORIES:
rebellion (CODE: PROFIT, CONCEAL, HARBOR)
1. By profiting themselves or assisting the
EFFECT OF ACQUITTAL OF ONE OF THE offender to profit by the effects of the crime
CO-CONSPIRATORS TO THE OTHER CO- 2. By concealing or destroying the body of the
CONSPIRATORS: crime to prevent its discovery
As a rule, the acquittal of one of the co- 3. By harboring, concealing or assisting in the
conspirators redounds to the benefit of the other escape of the principal of the crime
co-conspirators EXCEPT when the acquittal is
due to circumstances personal to the accused. 2 CLASSES OF ACCESSORIES
CONTEMPLATED IN PAR. 3 OF ART. 19
2. PRINCIPALS BY INDISPENSABLE (i.e., HARBORING, etc):
COOPERATION a) Public officers who harbor, conceal
REQUISITES: or assist in the escape of the principal of

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 any crime (not light felony) with abuse of
his functions
(b) Private persons who harbor, conceal or
assist in the escape of the author of the
crime – guilty of treason, parricide,
murder, or an attempt against the life of
the President, or who is known to be
habitually guilty of some other crime
 Under paragraphs 1 and 2, the accomplice
and the accessory may be tried and
convicted even before the principal is found
guilty. However, under paragraph 3
(harboring), the crime committed by and the
identity of the principal must be established
in a trial. (Ppl vs Barlam CA,59 O.G. 2474;
Ppl vs Ramos CA,62 O.G. 6860; Ppl vs Gaw
Lin CA,63 O.G. 3821)
ACCESSORY VS. PRINCIPAL AND
ACCOMPLICE
1. The accessory does not take part or
cooperate in, or induce, the commission of
the crime;
2. The accessory does not cooperate in the
commission of the offense by acts prior
thereto or simultaneous therewith;
3. The participation of the accessory in all
cases always takes place after the
commission of the crime.
ART. 20. ACCESSORIES WHO ARE
EXEMPT FROM CRIMINAL LIABILITY
SITUATIONS WHERE ACCESSORIES ARE
NOT CRIMINALLY LIABLE:
1. When the felony committed is a light felony;
and
2. When the accessory is related to the
principal as spouse, or as an ascendant, or
descendant or as a brother or sister,
whether legitimate, natural, or adopted, or
where the accessory is a relative by affinity
within the same degree, unless the
accessory himself profited from the effects
or proceeds of the crime or assisted the
offender to profit thereon.
PD 1829: Penalizes the act of any person who
knowingly or willfully obstructs, impedes,
frustrates or delays the apprehension of
suspects and the investigation and
prosecution of criminal cases. NOTE: The
benefit of the above mentioned
exceptiounsa n in Article 20 of the RPC
does not apply to PD1829.
PENALTIES
DEFINITION:
Penalty - is the suffering that is inflicted by the
State, for the transgression of a law; in its
general sense, it signifies pain.
Different juridical conditions of penalty:
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
1. Productive of suffering, without however
affecting the integrity of the human
personality
2. Commensurate with the offense – different
crimes must be punished with different
penalties
3. Personal – no one should be punished for
the crime of another
4. Legal – it is the consequence of a judgment
according to law
5. Certain – no one may escape its effects
6. Equal for all
7. Correctional
Theories justifying penalty:
1. Self-defense – to protect society from the
threat and wrong inflicted by the criminal
2. Reformation – to correct and reform the
offender
3. Exemplarity – to serve as an example to
deter others from committing crimes
4. Justice – an act of retributive justice, a
vindication of absolute right and moral law
violated by the criminal
THREE-FOLD PURPOSE OF THE PENALTY
UNDER THE RPC:
1. Retribution or expiation – the penalty is
commensurate with the gravity of the
offense
2. Correction or reformation- as 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
ART. 22. RETROACTIVE EFFECT OF
PENAL LAWS
GENERAL RULE:
PROSPECTIVE APPLICATION
EXCEPTION:
WHEN FAVORABLE TO THE ACCUSED WHO
IS NOT A HABITUAL CRIMINAL
AN EX POST FACTO LAW IS ANY ONE
WHICH: (CODE: CAPE Civil Protection)
1. Makes criminal an act done before the
passage of the law, and which was innocent
when done, and punishes such an act;
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 less or different
testimony that the law required at the time of
the commission of the offense;
5. Assuming to regulate civil rights and
remedies only, in effect imposes penalty or
deprivation of a right for something which
when done was lawful; and
6. Deprives a person accused of a crime of 1. Death;
some lawful protection to which he has 2. Reclusion Perpetua;
become entitled, such as the protection of a 3. Perpetual absolute disqualification;
former conviction or acquittal, or a 4. Public censure.
proclamation of amnesty
ART. 23. EFFECT OF PARDON BY THE 2. Accessory penalties – those that are
OFFENDED PARTY deemed included in the imposition of the
As a rule, a pardon by the offended principal penalties
party does not extinguish criminal action, except
as provided under Art. 344 of RPC. This article classifies penalties according to
their gravity:
Two classes of injuries caused by an 1. Capital
offense: 2. Afflictive
SOCIAL INJURY PERSONAL INJURY 3. Correctional
1. Produced by the 1. Caused to the 4. Light
disturbance and victim of the crime,
alarm who suffered This corresponds to the classification of
damage felonies according to their gravity under Art.
2. Repaired through 2. Repaired through 9:
the imposition of indemnity which is 1. Grave
the corresponding civil in nature 2. Less grave
penalty 3. Light
3. The offended party 3. The offended party
cannot pardon the may waive it and ART. 29. PERIOD OF PREVENTIVE
offender so as to the state has no IMPRISONMENT DEDUCTED FROM
relieve him of the reason to insist on TERM OF IMPRISONMENT
penalty its payment
OFFENDERS NOT ENTITLED TO THE FULL
ART. 24. MEASURES OF PREVENTION TIME OR FOUR-FIFTHS OF THE TIME OF
OR SAFETY WHICH ARE NOT PREVENTIVE IMPRISONMENT:
CONSIDERED PENALTIES - 1. Recidivists or those convicted previously
THE FOLLOWING ARE NOT CONSIDERED twice or more times of any crime.
PENALTIES: 2. Those who upon being summoned for the
1. The arrest and temporary detention of execution of their sentence, failed to
accused persons, as well as their detention surrender voluntarily
by reason of insanity or imbecility or illness
requiring their confinement in a hospital; ARTS. 30 – 35. EFFECTS OF PENALTIES
2. The commitment of a minor to any of the
institutions mentioned in Art. 80 (now Art. ART. 36. PARDON; ITS EFFECTS
192 PD603) for the purposes specified
therein; EFFECTS OF PARDON BY THE PRESIDENT
3. Suspension from the employment or public 1. A pardon shall not restore the right to hold
office during the trial or in order to institute public office or the right of suffrage.
proceedings; EXCEPT; when any or both such rights is or
4. Fines and other corrective measures which, are expressly restored by the terms of the
in the exercise of their administrative pardon;
disciplinary powers, superior officials may 2. It shall not exempt the culprit from the
impose upon their subordinates; and payment of the civil indemnity.
5. Deprivation of rights and reparations which
the civil laws may establish in penal form. LIMITATIONS UPON THE EXERCISE OF
THE PARDONING POWER
ART. 25. PENALTIES WHICH MAY BE 1. That the power can be exercised only after
IMPOSED conviction;
2. That such power does not extend to cases
CLASSIFICATION OF PENALTIES: of impeachment.
1. Principal penalties – those expressly
imposed by the court in the judgment of  A presidential pardon affects only the
conviction. principal penalty and not the accessory
penalties, unless the same are expressly
Principal Penalties According to Divisibility: remitted in the pardon.
a. Divisible
b. Indivisible. These are:

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 Pardon by the Chief Pardon by the commission of the crime
Executive Offended Party 2. The proceeds and instruments or tools of
1. Extinguishes the 1. Does NOT the crime are confiscated and forfeited in
criminal liability of extinguish the favor of the Government
the offender criminal liability of 3. Property of a third person who is not liable
the offender for the offense, is not subject to confiscation
2. Cannot include 2. Offended party can and forfeiture
civil liability which waive the civil 4. Property not subject of lawful commerce
the offender must liability which the (whether it belongs to the accused or to a
pay offender must pay third person) shall be destroyed
3. Granted only 3. Pardon should be
AFTER given BEFORE
CONVICTION, THE INSTITUTION APPLICATION OF PENALTIES
and may be of criminal
extended to any of prosecution, and ART. 46. PENALTY TO BE IMPOSED
the offenders must extend to UPON PRINCIPALS IN GENERAL
both/all offenders
GRADUATION OF PENALTIES:
ART. 37. COSTS – WHAT ARE 1. BY DEGREES– refers to (1) the stages of
INCLUDED execution (consummated, frustrated, or
The following are included in costs: attempted); and (2) the degree of the
1. Fees, and criminal participation of the offender
2. Indemnities, in the course of judicial (whether as principal, accomplice, or
proceedings accessory).
2. BY PERIODS– refers to the proper period of
ART. 38. PECUNIARY LIABILITIES – the penalty which should be imposed when
ORDER OF PAYMENT aggravating or mitigating circumstances
In case the property of the offender should attend the commission of the crime
not be sufficient for the payment of all his
pecuniary liabilities, the same shall be met in the ART. 47. IN WHAT CASES THE DEATH
following: PENALTY SHALL NOT BE
1. The reparation of the damage caused. IMPOSED
2. Indemnification of the consequential
damages. DEATH PENALTY IS NOT IMPOSED IN THE
3. Fine. FOLLOWING CASES:
4. Costs of proceedings. 1. UNDER AGE. When the offender is below
18 years of age at the time of the
ART. 39. SUBSIDIARY PENALTY commission of the crime.
Subsidiary penalty - is a subsidiary personal 2. OVER AGE. When the guilty person is more
liability to be suffered by the convict who has no than seventy (70) years of age
property with which to meet the fine, at the rate 3. NO COURT MAJORITY. When upon appeal
of one day for each eight pesos, subject to the or automatic review of the case by the
rules provided in Art. 39. Supreme Court, the vote of eight members
is not obtained for the imposition of the
 There is no subsidiary penalty for non- death penalty.
payment of (a) the reparation of the damage
caused, (b) indemnification of the  Automatic Review is available only in
consequential damages, and (c) the cost of cases where death penalty is imposed
the proceedings. (RA 7659).

 Subsidiary penalty is not an accessory CRIMES PUNISHABLE BY DEATH UNDER

penalty, hence it must be specifically RA 7659
imposed by the court in its judgment. CODE:
(MURDER CARNAPPING TRIPP QQD PARK)
ART. 45. CONFISCATION AND 1. Murder
FORFEITURE OF THE PROCEEDS OR 2. Carnapping
INSTRUMENTS OF THE CRIME 3. Treason
OUTLINE OF THE PROVISION OF THIS 4. Rape
ARTICLE: 5. Infanticide
1. Every penalty imposed carries with it the 6. Plunder
forfeiture of the proceeds of the crime and 7. Parricide
the instruments or tools used in the 8. Qualified Piracy

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
9. Qualified Bribery on absorption
10. Violation of Certain provisions of the 5. When the crimes involved cannot be legally
Dangerous Drugs Act complexed such as when the penal
11. Piracy in general and Mutiny on the High provision specially provides that the penalty
Seas or in the Philippines Waters for other felonies shall be “in addition to” the
12. Destructive Arson penalty imposed by this article.
13. Robbery with Violence Against or 6. Where one of the offenses is penalized by a
Intimidation of Persons special law
14. Kidnapping and Serious Illegal Detention
CONTINUED CRIME– is a single crime,
ART. 48. COMPLEX CRIMES consisting of a series of acts, but all arising from
ONE CRIMINAL RESOLUTION; length of time
Plurality of Crimes - consists in the successive in the commission is immaterial.
execution, by the same individual, of different
criminal acts, upon any of which no conviction Real or Material Continued Crime
has yet been declared Plurality
1. There is a series 1. There is a series
TWO TYPES OF PLURALITY OF CRIMES: of acts performed of acts performed
1. Formal or Ideal – involves the same criminal by the offender by the offender
intent resulting in two or more crimes but for 2. Each act 2. The different acts
which there is only one criminal liability. performed by the constitute only one
Ex: complex crimes under Art. 48 offender crime, all of the
constitutes a acts performed
2. Material or real – refers to different criminal separate crime, arise from one
intents resulting in two or more crimes for each act is criminal resolution
each of which, the accused incurs criminal generated by a
liability. criminal impulse
Ex: falsification to conceal malversation
COMPLEX CRIME SSPECIAL COMPLEX
TWO KINDS OF COMPLEX CRIMES: CRIME
1. COMPOUND CRIME (delito compuesto) 1. The combination is 1. The combination
— a single act constitutes two or more grave generalized, that of the offenses are
or less grave felonies. is, grave and/or fixed by law, e.g.,
REQUISITES: less grave; one robbery with rape
1. That only a single act is performed offense is
by the offender; necessary to
2. That the single act produces: (1) commit the other
two or more grave felonies, or (2) 2. The penalty for the 2. The penalty for the
one or more grave and one or more crime is not specified
less grave felonies, or (3) two or specific but for the combination of
more less grave felonies. most serious crimes is also
offense in the specific.
2. COMPLEX CRIME PROPER (delito maximum period.
complejo) — an offense is a necessary
means for committing the other. ART. 59. PENALTY TO BE IMPOSED IN
REQUISITES:
CASE OF FAILURE TO COMMIT THE
1. That at least two offenses are
committed;
CRIME BECAUSE THE MEANS
2. That one or some of the offenses EMPLOYED OR THE AIMS SOUGHT ARE
must be necessary to commit the IMPOSSIBLE
other; BASIS FOR THE IMPOSITION OF PROPER
3. That both or all of the offenses must PENALTY:
be punished under the same 1. Social danger; and
statute. 2. Degree of criminality shown by the offender

NO COMPLEX CRIME IN THE FOLLOWING

CASES:
1. In case of a continued crime
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 offense.
4. When the crimes are covered by the rules
ART. 61. RULES OF GRADUATING
PENALTIES
Art. 61 furnishes the graduation of
penalties by degrees, while Art. 64 govern the
graduation of penalties by periods.

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
DIAGRAM OF THE APPLICATION OF ARTS. embraced in the
50 TO 57: same title
CONSUM FRUSTRA ATTEMPTED As to the 2. The offender is 2. No period of time
MATED TED PERIOD of found guilty within between the
time the ten years from his former conviction
Prin 0 1 2 crimes are last release or and the last
Accom 1 2 3 committed last conviction conviction
Access 2 3 4 As to the 3. The accused 3. The second and
NUMBER of must be found the first offense is
crimes guilty the third found in the same
In this diagram, “O” represents the committed time or oftener of title
penalty prescribed by law in defining a crime, the crimes
which is to be imposed on the principal in a specified
As to their 4. An additional 4. If not offset by a
consummated offense, in accordance with the EFFECTS penalty is also mitigating
provisions of Art. 64. The other figures imposed circumstance,
represent the degrees to which the penalty must serves to increase
be lowered, to meet the different situations the penalty only to
the maximum
anticipated by law.
ART. 63. RULES FOR THE APPLICATION
ART. 62. EFFECTS OF THE
OF INDIVISIBLE PENALTIES
ATTENDANCE OF MITIGATING OR
OUTLINE OF THE RULES:
AGGRAVATING CIRCUMSTANCES AND 1. When the penalty is single indivisible, it shall
OF HABITUAL DELINQUENCY be applied regardless of any mitigating or
aggravating circumstances.
EFFECTS: 2. When the penalty is composed of two
1. Aggravating circumstances (generic and indivisible penalties, the following rules shall
specific) have the effect of increasing the be observed:
penalty, without however exceeding the (a) When there is only one aggravating
maximum period provided by law circumstance, the greater penalty shall
2. Mitigating circumstances have the effect of be imposed.
diminishing the penalty (b) When there is neither mitigating nor
3. Habitual delinquency has the effect, not only aggravating circumstances, the lesser
of increasing the penalty because of penalty shall be imposed.
recidivism which is generally implied in (c) When there is a mitigating circumstance
habitual delinquency, but also of imposing and no aggravating circumstance, the
an additional penalty lesser penalty shall be imposed.
(d) When both mitigating and aggravating
REQUISITES OF HABITUAL DELINQUENCY: circumstances are present, the court
CODE:(Convicted-CommittedConvicted- shall allow them to offset one another.
CommittedConvicted)
1. that the offender had been convicted of any ART. 64. RULES FOR THE
of the crimes of serious or less serious
APPLICATION OF PENALTIES, WHICH
physical injuries, robbery, theft, estafa or
falsification (CODE: FRETSL) CONTAIN THREE PERIODS
2. that after conviction or after serving his OUTLINE OF THE RULES:
sentence, he again committed, and, within 1. No aggravating, no mitigating- medium
10 years from his release or first conviction, period.
he was again convicted of any of the said 2. Only a mitigating circumstance- minimum
crimes for the second time period.
3. that after his conviction of, or after serving 3. Only an aggravating- maximum period.
sentence for the second offense, he again
committed, and, within 10 years from his last CASES IN WHICH MITIGATING AND
release or last conviction, he was again AGGRAVATING CIRCUMSTANCES ARE NOT
convicted of any of said offenses, the third CONSIDERED IN THE IMPOSITION OF
time or oftener. PENALTY:
1. When the penalty is single and indivisible
(except if privileged mitigating)
Habitual Recidivism
2. In felonies through negligence
Delinquency
As to the 1. The crimes are 1. It is sufficient that
3. The penalty to be imposed upon a Moro or
CRIMES specified the accused on other non-Christian inhabitants
committed the date of his 4. When the penalty is only a fine imposed by
trial, shall have an ordinance
been previously
convicted by final
5. When the penalties are prescribed by
judgment of special laws
another crime

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
ART. 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.
ART. 68. PENALTY TO BE IMPOSED
UPON A PERSON UNDER EIGHTEEN
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,
his application therefor is approved by the
court.
This article applies to such minor if his
application for suspension of sentence is
DISAPPROVED OR if while in the
reformatory institution he becomes
INCORRIGIBLE, in which case he shall be
returned to the court for the imposition of the
proper penalty.
ART. 70. SUCCESSIVE SERVICE OF
SENTENCE
THE THREE-FOLD RULE
1. THE MAXIMUM DURATION OF THE
CONVICT’S SENTENCE shall not be more
than three times the length of time
corresponding to the most severe of the
penalties imposed upon him.
2. But in no case to exceed 40 years.
3. This rule shall apply only when the convict is
to serve 4 or more sentences successively.
4. Subsidiary penalty forms part of the penalty.
DIFFERENT SYSTEMS OF PENALTY,
RELATIVE TO THE EXECUTION OF TWO OR
MORE PENALTIES IMPOSED ON ONE AND
THE SAME ACCUSED
1. material accumulation system
No limitation whatever, and accordingly,
all the penalties for all the violations were
imposed even if they reached beyond the
natural span of human life.
2. 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 40 years. This is
followed in our jurisdiction.
3. absorption system
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
The lesser penalties are absorbed by
the graver penalties.
ART. 72. PREFERENCE IN THE
PAYMENT OF CIVIL LIABILITIES
Civil liability is satisfied, by following the
chronological order of the dates of the final
judgments.
ART. 77. WHEN THE PENALTY IS A
COMPLEX ONE COMPOSED OF THREE
DISTINCT PENALTIES
DEFINITION:
A 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
Act No. 4103 as amended by Act No. 4225
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
therefor, when the maximum imprisonment
exceeds one (1) year. It applies to both
violations of Revised Penal Code and special
penal laws.
I. IF THE PENALTY IS IMPOSED BY THE
RPC:
a. The Maximum Term— is that which could
be properly imposed under the RPC,
considering the aggravating and mitigating
circumstances,
b. The Minimum Term— is within the range
of the penalty one degree lower than that
prescribed by the RPC, without considering
the circumstances,
 BUT when there is a privileged 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.
II. IF THE PENALTY IS IMPOSED BY A
SPECIAL PENAL LAW
 SIMPLY for special laws, it is anything
within the inclusive range of the prescribed
penalty. Courts are given discretion and the
circumstances are not considered.
B. WHEN BENEFIT OF THE ISLAW IS NOT
APPLICABLE
The Indeterminate Sentence Law shall not apply
to the following persons:
1. sentenced to death penalty or life
imprisonment
2. treason, or conspiracy or proposal to commit
treason
3. misprision of treason, rebellion, sedition or
espionage
4. piracy
5. habitual delinquents
6. escaped from confinement, or evaded
sentence
7. granted with conditional pardon by the
President, but violated the terms thereof
8. maximum term of imprisonment do not
exceeding 1 year
9. sentenced to the penalty of destierro or
suspension only
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:
. 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 law-
abiding citizen and, (b) shall not violate any law,
the Board may issue a final certification of
release 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. REASONS FOR FIXING THE MAXIMUM
AND MINIMUM TERMS IN THE
INDETERMINATE SENTENCE
The minimum and the maximum terms in the IS
must be fixed, because they are the basis for the
following:
1. Whenever a prisoner has: (a) served the
MINIMUM penalty imposed on him, and (b) is
fit for release as determined by the Board of
Indeterminate Sentence, such Board may
authorize the 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
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
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
parole, he shall continue to serve until the
end of the MAXIMUM term.
THE CHILD AND YOUTH WELFARE
CODE
1. The purpose of Arts. 189 and 192 of the
Child and Youth Welfare Code is to avoid a
situation where JUVENILE OFFENDERS
would commingle with ordinary criminals in
prison.
2. 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.
3. The court may not pronounce judgment of
conviction and SUSPEND all further
proceedings if, upon application of the
youthful offender, it finds that the best
interest of the public and that of the offender
will be served thereby.
4. 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.
5. The youthful offender shall be RETURNED
to the committing court for the
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.
6. When the youthful offender has reached the
age of TWENTY-ONE while in commitment,
the court shall determine whether –
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
To PRONOUNCE the judgment of
conviction, if the conditions mentioned
are not met.
7. In the latter case, the convicted offender
may apply for PROBATION. In any case,
the youthful offender shall be credited in the
service of his sentence with the full time
spent in actual commitment and detention.
8. The final release of a youthful offender
based on good conduct as provided in Art.
196 shall not obliterate his CIVIL LIABILITY
for damages
9. A minor who is ALREADY AN ADULT at the
time of his conviction is not entitled to a
suspension of sentence
 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.
B. APPLICATION
This shall apply to all offenders except those
entitled to benefits under PD 603 and similar
laws.
C. 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 imposes a term of imprisonment or
a 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
as 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.
D. 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.
E. 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.
F. PROBATION SHALL BE DENIED IF THE
COURT FINDS THAT:
CODE: (CoRD)
1. Offender is in need of correctional treatment
2. There is undue risk of committing another
crime
3. Probation will depreciate the seriousness of
the offense committed
G. DISQUALIFIED OFFENDERS:
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
THE BENEFITS OF THIS DECREE SHALL
NOT BE EXTENDED TO THOSE:
1. Sentenced to serve a maximum of
imprisonment of more than 6 years.
2. Convicted of subversion or any crime against
the national security or the 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 more
than P200.
4. Once placed on probation.
H. CONDITIONS OF PROBATION
2 KINDS OF CONDITIONS IMPOSED:
1.Mandatory or general - once violated, the
probation is cancelled. They are:
. 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.
I. 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 two
years.
2. In all other cases, if he is sentenced to more
than one year, said period shall not exceed
six 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.
J. 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 granting oblivion or a general pardon for a
sentence originally imposed. past offense, and is rarely if ever exercised
in favor of a single individual, and is usually
K. TERMINATION OF PROBATION exerted in behalf of certain classes of
The Court may order the final discharge of persons who are subject to trial but have not
the probationer upon finding that, he has yet been convicted.
fulfilled the terms and conditions of his 4. By ABSOLUTE PARDON; Pardon – is an
probation. act of grace, proceeding from the power
L. EFFECTS OF TERMINATION OF entrusted with the execution of the laws,
PROBATION which exempts the individual on whom it is
1. Case is deemed terminated. bestowed from the punishment the law
2. Restoration of all civil rights lost or inflicts for the crime he has committed.
suspended.
3. Fully discharges liability for any fine PARDON AMNESTY
imposed. To 1. Includes any 1. A blanket
whom crime and is pardon to classes
 Note that the probation is NOT coterminous granted exercised of persons or
with its period. There must first be an order individually by the communities who
issued by the court discharging the President may be guilty of
probationer. political offenses
When 2. Exercised 2. May be
ART. 83. SUSPENSION OF THE exer- when the person is exercised even
EXECUTION OF THE DEATH SENTENCE cised already convicted before trial or
Death sentence shall be suspended when the investigation is had
accused is a: Effects 3. Merely looks 3. Looks
1. Woman, while pregnant; FORWARD and BACKWARD and
2. Woman, within one (1) year after delivery; relieves the abolishes and puts
3. Person over seventy (70) years of age; offender from the into oblivion the
4. Convict who becomes insane, after final consequences of offense itself; it so
sentence of death has been pronounced. an offense of which overlooks and
he has been obliterates the
ART. 87. DESTIERRO convicted; it does offense with which
ONLY IN THE FOLLOWING CASES IS not work for the he is charged that
DESTIERRO IMPOSED: restoration of the the person
CODE: (E-BCP) rights to hold public released by
1. Death or serious physical injuries is caused office, or the right amnesty stands
or are inflicted, under exceptional of suffrage, unless before the law
circumstances (Art. 247); such rights be precisely as though
2. Failure to give bond for good behavior in expressly restored he had committed
grave and light threats (Art. 284); by means of no offense
3. Penalty for the concubine in concubinage pardon
(Art. 334); 4. Does not alter 4. Makes an ex-
4. When, after reducing the penalty by one or the fact that the convict no longer a
more degrees, destierro is the proper accused is a recidivist, because
penalty recidivist as it it obliterates the
produces only the last vestige of the
 Although destierro does not constitute extinction of the crime
imprisonment, it is nonetheless a deprivation personal effects of
of liberty. Art. 29 is applicable in destierro. the penalty
5. Does not 5. Does not
ART. 89. HOW CRIMINAL LIABILITY IS extinguish the civil extinguish the civil
TOTALLY EXTINGUISHED liability of the liability of the
CRIMINAL LIABILITY IS TOTALLY offender offender
EXTINGUISHED: CODE(D SAAPP M) As a 6. Being a 6. Being by
matter PRIVATE ACT by Proclamation of the
1. By the DEATH of the convict as to personal
of the President, must Chief Executive
penalties; BUT as to pecuniary penalties, evidence
liability is extinguished only when the death be pleaded and with the
of the offender occurs before final judgment; proved by the concurrence of
2. By SERVICE OF SENTENCE; person pardoned Congress, is a
3. By AMNESTY, which completely PUBLIC ACT of
extinguishes the penalty and all its effects. which the courts
Amnesty – is an act of the sovereign power should take notice

25
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
5. By PRESCRIPTION OF THE CRIME; 2. For violation of the 2. For violation of the
Prescription of the Crime – is the forfeiture conditional pardon, terms of the
or loss of the right of the State to prosecute the convict may be parole, the convict
the offender, after the lapse of a certain ordered re- CANNOT BE
time. arrested or re- PROSECUTED
PENALTIES AND THEIR PRESCRIPTIVE incarcerated by UNDER ART. 159
PERIODS the Chief of the RPC, he can
PENALTIES AND PRESCRIPTIVE Executive, or may be re-arrested and
OFFENSES PERIOD be PROSECUTED re-incarcerated to
Death, Reclusion 20 years under Art. 159 of serve the
Perpetua, Reclusion the Code unserved portion
Temporal of his original
Afflictive Penalties 15 years penalty
Correctional penalties 10 years
Arresto Mayor 5 years 5. by PROBATION. Please see Probation Law.
Libel or other similar 1 year
offenses ART. 91. COMPUTATION OF
Oral Defamation and 6 months PRESCRIPTION OF OFFENSES
Slander by Deed SUMMARY OR RULES:
Light Offenses 2 months 1. The period of prescription shall commence
to run from the day on which the crime was
6. By PRESCRIPTION OF THE PENALTY; discovered by the offended party, the
Prescription of the Penalty – is the loss or authorities, or their agents.
forfeiture of the right of the Government to 2. It shall be interrupted by the filing of the
execute the final sentence, after the lapse of complaint or information.
a certain time 3. It shall commence to run again when such
Conditions necessary: proceedings terminate without the accused
a.That there be final judgment; being convicted or acquitted, or are stopped
b.That the period of time prescribed by law for any reason not imputable to him.
for its enforcement has elapsed 4. The term or prescription will not run when
 Usually caused by Evasion of Service of the offender is absent from the Philippines.
sentence
ART. 100. CIVIL LIABILITY OF A
7. By THE MARRIAGE OF THE OFFENDED
WOMAN with the offender in the crimes of PERSON GUILTY OF FELONY
rape, abduction, seduction, and acts of A CRIME HAS A DUAL CHARACTER:
lasciviousness. In the crimes of rape, 1. As an offense against the State, because of
seduction, abduction, or acts of the disturbance of the social order; and
lasciviousness, the marriage, as provided 2. As an offense against the private person
under Art. 344, must be contracted by the injured by the crime, UNLESS it involves the
offender in good faith. crime of treason, rebellion, espionage,
contempt, and others wherein no civil liability
arises on the part of the offender, either
CRIMINAL LIABILITY IS PARTIALLY
because there are no damages to be
EXTINGUISHED:
compensated or there is no private person
1. By CONDITIONAL PARDON;
injured by the crime
2. By COMMUTATION OF THE SENTENCE;
3. For GOOD CONDUCT ALLOWANCES
which the culprit may earn while he is ART. 102 SUBSIDIARY LIABILITY OF INN
serving sentence; KEEPERS, TAVERNKEEPERS AND
4. By PAROLE; PROPRIETORS OF ESTABLISHMENTS
ELEMENTS under par. 1:
Conditional Parole 1. That the innkeeper, tavernkeeper or
Pardon proprietor of establishment or his employee
1. May be given at 1. May be given after committed a violation of municipal ordinance
any time after final the prisoner has or some general or special police regulation;
judgment; is served the 2. That a crime is committed in such inn,
granted by the minimum penalty; tavern or establishment;
Chief Executive is granted by the 3. That the person criminally liable is insolvent.
under the Board of Pardons
provisions of the and Parole under ELEMENTS under par. 2:
Administrative the provision of the 1. The guests notified in advance the
Code Indeterminate innkeeper or the person representing him of
Sentence Law the deposit of goods within the inn or house;

26
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
2. The guests followed the directions of the
innkeeper or his representative with respect
to the care and vigilance over the 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.

Art. 93. PRESCRIPTION OF PENALTIES

RULES:
1. The period shall begin to run from the date
when the culprit should evade the service of
his sentence.
2. It shall be interrupted if the defendant
should:
a) Give himself up,
b) Be captured,
c) Go to a foreign country with which the
Philippines has no extradition treaty, or
d) Commit another crime before the
expiration of the period of prescription.

ART. 104. WHAT IS INCLUDED IN CIVIL

LIABILITY
THREE CATEGORIES:
1. Restitution
2. Reparation of damage caused
3. And indemnification for consequential
damages

ART 110. SEVERAL AND SUBSIDIARY

LIABILITY OF PRINCIPALS,
ACCOMPLICES AND ACCESSORIES

1. Each within their respective class is liable in

solidum among themselves for their quotas
and subsidiarily for those of the other
persons liable.
2. Subsidiary liability is enforced: (a) first,
against the property of the principals; (b)
second, against that of the accomplices; and
(c) third, against that of the accessories.
3. The person who made the payment when
liability is in solidum or subsidiary liability
has been enforced, will have a right of action
against the others for the amount of their
respective shares.

-End of Book One-

27
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 BOOK TWO
CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS
 ART. 114-TREASON
ELEMENTS:
1. That the offender owes allegiance to the
Government of the Philippines
2. That there is a war in which the Phil. is
involved
3. That the offender either (modes of
committing)
a.) levies war against the government; or
b.) adheres to the enemies, giving them full
support
Ways of being committed
1. Levying war
 That there be an actual assembling of
men for the purpose of executing a
treasonable design by force
2. Adherence to the enemy rendering him aid
and comfort
“AID/COMFORT” 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
Ways of proving Treason:
1. Two-witness rule
2. Confession of guilt in open court
 Treason absorbs crimes committed
furtherance thereof.
 Treason committed in a foreign country may
be prosecuted in the Philippines. (Art.2,
RPC)
 Treason by alien must be committed in the
Phils. (EO 44).
 Treason is a CONTINUOUS OFFENSE .
 ART. 115- CONSPIRACY &
PROPOSAL TO COMMIT TREASON
Committed when in time of war, two or more
persons come to an agreement and decide to
commit it, or when one person proposes to
another: (1) to levy war against the Government,
or (2) to adhere to the enemies and to give
them aid and comfort.
 As a general rule, conspiracy and proposal
to commit a felony is not punishable
(ART.8).
 Two-witness rule does not apply because
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
this is a separate and distinct offense.
 ART. 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.
 Offender is not punished as an accessory to
treason but as a principal in misprision.
 ART. 117- ESPIONAGE
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 Phil.
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.
 COMMONWEALTH ACT 616 – AN ACT
in TO PUNISH ESPIONAGE AND OTHER
OFFENSES AGAINST THE NATIONAL
SECURITY
Acts Penalized
1. Unlawfully obtaining or permitting to be
obtained information affecting national defense
2. Unlawfully disclosing information affecting
national defense
3. Disloyal acts or words in time of peace
4. Disloyal acts or words in time war
5. Conspiracy to commit the preceding acts
6. Harboring or concealing violators of the Act.
 Espionage may be committed both in time of
peace and war.
 ART. 118- INCITING TO WAR OR
GIVING MOTIVES FOR REPRISALS
ELEMENTS:
1. That the offender performs unlawful or
unauthorized acts; and
2. That such acts provoke or give occasion for
(a) a war involving or liable to involve the
Phils. or (b) expose Filipino citizens to
reprisals on their persons & property.
28

 ART. 119- VIOLATION OF
NEUTRALITY
ELEMENTS:
1. That there is a war in which the Phils. is not
involved,
2. That there is a regulation issued by a
competent authority for the purpose of
enforcing neutrality, and
3. That the offender violates such regulation.
 ART. 120- CORRESPONDENCE
WITH HOSTILE COUNTRY
ELEMENTS:
1. That it is made in time of war where the
Phils. 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 containing data which might be
useful to the enemy.
 ART. 121- FLIGHT TO ENEMY’S
COUNTRY
ELEMENTS:
1. That there is a war in which the Phil. is
involved
2. That the offender owes allegiance to the
Government
3. That the offender attempts to flee or go to
enemy country
4. That going to enemy country is prohibited by
the competent authority
 ART. 122- PIRACY IN GENERAL &
MUTINY ON THE HIGH SEAS
ELEMENTS OF PIRACY:
1. That a vessel is on high seas,
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 compliment or
passengers
HIGH SEAS – any waters on the seacoast
which are without the boundaries of low-water
mark, although such waters may be in the
jurisdictional limits of a foreign Government.
VESSEL – any vessel or watercraft used for (a)
transport of passengers and cargo or (b) for
fishing.
 Pursuant to Art 122 as amended by PD
532: Piracy and Mutiny may be committed in
29
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
Philippine waters
 PD 532 (ANTI-PIRACY AND ANTI-
HIGHWAY ROBBERY LAW OF 1974)
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 may be committed
even by a passenger or member of the
complement of the vessel
 MUTINY ON THE HIGH SEAS – the
unlawful resistance to a superior, or the
raising of commotions and disturbances on
board a ship against the authority of its
commander.
 ART. 123- QUALIFIED PIRACY
ELEMENTS:
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
 “CRIMES” referred to in the article pertain to
piracy and mutiny on the high seas
 REPUBLIC ACT 6235 – AIRCRAFT
PIRACY/ HIJACKING
ACTS PUNISHED:
1. usurping or seizing control of an aircraft of
Philippine registry while it is in flight;
compelling the pilots thereof to change its
course or destination
2. usurping or seizing control of an aircraft of
foreign registry, while within Philippine
territory, compelling the pilots thereof to land
in any part of Philippine territory
3. carrying or loading on board an aircraft
operating as a public utility passenger
aircraft in the Philippines flammable,
corrosive, explosive or poisonous
substances; and
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.
 Aircraft is “IN FLIGHT” from the moment all
exterior doors are closed following
embarkation until the same doors are again
 opened for disembarkation.
CRIMES AGAINST THE FUNDAMENTAL LAW
OF THE STATE
 All offenses in this Title are required to be
committed by public officers except except
Offending the religious feelings
 ART. 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 grounds
LEGAL GROUNDS FOR THE DETENTION OF
PERSONS:
1) The commission of the crime
2) Violent insanity or other ailment requiring
compulsory confinement of the patient in a
hospital
 ART. 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:
 12 hrs. for light penalties or their equivalent.
 18 hrs. for correctional penalties or their
equivalent
 36 hrs. for afflictive penalties or their equivalent
 If the offender is a private individual – the
crime is ILLEGAL DETENTION under Art.
267
 The detention is legal from the beginning but
becomes illegal after the lapse of the
prescribed periods and no delivery is made
to the proper judicial authoritites.
 Art. 125 is not applicable when the arrest is
by virtue of a warrant of arrest in which case
he can be detained indefinitely.
 Person arrested may request for a
preliminary investigation but must sign a
waiver of Art. 125.
 “Shall fail to deliver to proper authorities” –
means filing of an information against the
person arrested with the corresponding
court or judge
30
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 ART. 126- DELAYING RELEASE
ELEMENTS:
1. That the offender is a public officer or
employee
2. That there is a judicial or executive order for
the release of a prisoner or detention
prisoner, or that there is a proceeding upon
a petition for the liberation of such person
3. That the offender without good reason
delays (a) the service of the notice of such
order to the prisoner, (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.
 ART. 127- EXPULSION
ELEMENTS:
1. That the offender is a public officer or
employee
2. That he expels any person from the Phil., 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 Phils. is authorized
to deport aliens under the Revised
Administrative Code.
 Only the court by a final judgement can
order a person to change residence
VIOLATION OF DOMICILE (ARTS. 128-130)
 ART. 128-VIOLATION OF DOMICILE
PUNISHABLE ACTS: (CODE – SER)
1) Entering any dwelling against the will of the
owner
2) Searching papers or other effects found
therein without the previous consent of such
owner
3) Refusing to leave the premises, after
having surreptitiously entered said dwelling
and after having been required to leave the
same (offense is the refusal to leave and not the
entrance without consent)
COMMON ELEMENTS:
1. That the offender is public officer / 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.
 ART. 129- SEARCH WARRANTS
 MALICIOUSLY OBTAINED AND ABUSE 1. That the offender is a public
IN THE SERVICE OF THOSE LEGALLY officer/employee,
2. That religious ceremonies or manifestations
OBTAINED of any religion are about to take place or are
PUNISHABLE ACTS: going on, and
1. Procuring a search warrant without just 3. That the offender prevents/disturbs the
cause same.
2. Exceeding his authority or by using
unnecessary severity in executing a search  Qualified by violence or threats
warrant legally procured
 If the prohibition or disturbance is committed
 If search warrant is secured through false only in a meeting or rally of a sect, it would
affidavit, the crime punished by this article be punishable under Art.131.
cannot be complexed but will be a
separate crime from perjury since the
 ART. 133- OFFENDING RELIGIOUS
penalty herein provided shall be “in
addition to” the penalty of perjury. FEELINGS
ELEMENTS:
 ART. 130- SEARCHING DOMICILE 1. That the acts complained of were performed
(a) in a place devoted to religious worship
WITHOUT WITNESSES [not necessary that there is religious
ELEMENTS: worship] or (b) during the celebration of any
1. That the offender is a public officer/ religious ceremony,
employee 2. That the acts must be notoriously offensive
2. That he searches the domicile, papers or to the feelings of the faithful.
other belongings of any person
3. That he is armed with a warrant  May be committed by a public officer or a
4. That the owner or any member is his family, private individual
or two witnesses residing in the same
locality are not present CRIMES AGAINST PUBLIC ORDER
(ARTS. 134-160)
 ART.131-PROHIBITION,  ART. 134-
INTERRUPTION, & DISSOLUTION OF REBELLION/INSURRECTION
PEACEFUL MEETINGS ELEMENTS:
PUNISHABLE ACTS: 1) That there be a) public uprising and
1. Prohibiting or interrupting, without legal b) taking arms against the Government.
ground the holding of a peaceful meeting, or by 2) For the purpose of:
dissolving the same a) Removing from the allegiance to said
2. Hindering any person from joining any lawful Government or its laws
association or from attending any of its meetings i. The territory of the Phils.
3. Prohibiting or hindering any person from ii. Any body of land, naval or other
addressing, either alone or together with others, armed forces or
any petition to the authorities for the correction b) Depriving the Chief executive or
of abuses or redress of grievances Congress, wholly or partially, of any of
their powers or prerogatives.
COMMON ELEMENTS:
1) That the offender is a public officer  ART. 134-A- COUP D’ETAT
2) That he performs any of the acts mentioned 1. How - by a swift attack, accompanied by
above violence, intimidation, threat, strategy or
stealth (CODE – VITSS)
 there is no legal ground to prohibit when the 2. Against whom – duly constituted authorities
danger is not imminent and the evil to be of the Republic, military camp or installation,
prevented is not a serious one communication networks, public utilities, or
other facilities needed for the exercise and
 offender must be a stranger, and not a continued possession of power (CODE –
participant AM CUF)
3. Where – singly or simultaneously carried out
anywhere in the Philippines
CRIMES AGAINST RELIGIOUS WORSHIP 4. By whom – by any person or persons,
(ARTS. 132 & 133) belonging to the military or police or holding
 ART. 132- INTERRUPTION OF any public office or employment, with or
RELIGIOUS WORSHIP without civilian support or employment
ELEMENTS: 5. Purpose – to seize or diminish state power

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 Indeterminate Sentence Law is not
applicable
 ART. 135- PENALTY FOR
REBELLION OR INSURRECTION OR
COUP D’ETAT
PERSONS LIABLE:
1. Persons who promote, maintain or head
2. Persons who participate or execute
commands of others
 ART. 136- CONSPIRACY &
PROPOSAL TO COMMIT REBELLION ,
INSURRECTION OR COUP D’ ETAT
 An instance where the law
preparatory acts.
upon the person or property of any
public officer/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.
 TUMULTUOUS – if caused by more than
three persons who are armed or provided
with the means of violence
 ART. 140- PENALTY FOR SEDITION
PERSONS LIABLE:
punishes 1) The leader of the sedition
2) Other persons participating in the sedition

 ART. 137- DISLOYALTY OF PUBLIC  ART. 141- CONSPIRACY TO

OFFICERS /EMPLOYEES
PUNISHABLE ACTS:
1) Failing to resist a rebellion by all means in
their power
2) Continuing to discharge the duties of their
office under the control of the rebels
3) Accepting appointment to office under the
rebels
 The crime presupposes the existence of
rebellion by other persons; the offender
must not be in conspiracy with the rebels
 ART. 138- INCITING TO REBELLION
/ INSURRECTION
ELEMENTS:
1. That the offender does not take arms or is
not in open hostility against the Government
2. That he incites others to the execution of
any of the acts of rebellion
3. That the inciting is done by means of
speeches, proclamations, writings,
emblems, banners or other representations
tending to the same end. (CODE –
SPWEBO)
 ART. 139- 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 ff. 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
COMMIT SEDITION
 Only Conspiracy to commit sedition is
punishable and not proposal to commit
sedition
 ART. 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
(vulgar, mean, foul) libels against the
Government or any of the duly constituted
authorities
ELEMENTS OF ACT #1
1. That the offender does not take direct part in
the crime of sedition
1. That he incites others to the
accomplishment of any of the act
which constitute sedition
2. That the inciting is done by means of
speeches, proclamations, writings,
emblems, cartoons, banners, or other
representations tending to the same end.
ACTS # 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, the safety and order of
the Government.
Rules relative to seditious words:
1. The clear and present danger rule
1. Dangerous tendency
rule

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 armed or not, is incited to the commission of the
crime of treason, rebellion or insurrection,
sedition, or assault upon a person in authority

CRIMES AGAINST POPULAR PERSONS LIABLE IN ILLEGAL ASSEMBLY:

REPRESENTATION (ARTS. 143-145) 1. The organizers or leaders of the meeting
 ART.143- ACTS TENDING TO 2. Persons merely present at the meeting
PREVENT THE MEETING OF THE
 It is necessary that the audience is actually
ASSEMBLY AND SIMILAR BODIES incited. If in the meeting the audience is
ELEMENTS: incited to the commission of rebellion or
1. That there be a projected meeting or actual sedition, the crimes committed are ILLEGAL
meeting of the Nat’l Assembly or any of its ASSEMBLY as regards to the organizers or
committees or subcommittees, constitutional leaders or persons merely present and
commissions or committees or divisions, or INCITING TO REBELLION OR SEDITION
of any provincial board or city or municipal insofar as the one inciting them is concerned
council or board
2. That the offender who may be any person PRESUMPTIONS:
prevents such meeting by force or fraud If any person carries an unlicensed
firearm, it is presumed that:
 ART. 144- DISTURBANCE OF 1) the purpose of the meeting insofar as he is
PROCEEDINGS concerned is to commit acts punishable under
ELEMENTS: the RPC, and
1. That there be a meeting of the Congress or 2) he is considered a leader or organizer of the
any of its committees or subcommittees, meeting.
constitutional commissions or committees,
or any provincial board or city or municipal  ART. 147 ILLEGAL ASSOCIATIONS
council or board Prohibited Association
2. That the offender does any of the ff. acts: Association totally or partially organized for:
a. He disturbs any of such meetings. 1) the purpose of committing any of the crimes
b. He behaves while in the presence of punishable under the Code
any such bodies in such a manner as to 2) some purpose contrary to public morals
interrupt its proceedings or to impair the
respect due it. PERSONS LIABLE:
1) Founders, directors, and president of the
 Congress may also punish for contempt. association.
2) Members of the association.
 ART. 145 VIOLATION OF
PARLIAMENTARY IMMUNITY ASSAULT, RESISTANCE AND
Punishable Acts: DISOBEDIENCE TO PERSONS IN
1) Using force, intimidation, threats, or frauds AUTHORITY (Arts. 148-152)
to prevent any member from:  ART. 152- PERSONS IN AUTHORITY
a. Attending the meetings of the Congress or & AGENTS OF PERSONS IN
any of its committees or subcommittees, AUTHORITY
constitutional commissions or committees
or divisions thereof Public Person in Agent of a
b. Expressing his opinions or Officer (PO) Authority (PA) Person in
c. Casting his vote Authority (APA)
2) Arresting or searching any member while Any person who One who is One who is
the Congress is in session, except in case such takes part in the directly vested charged with
performance of with jurisdiction. the
member has committed a crime punishable public functions maintenance of
under the Code by a penalty higher than prision in the public order and
mayor. government . the protection
and security of
ILLEGAL ASSEMBLIES AND ASSOCIATIONS life and property
(Arts. 146 & 147) 2. Any person
who comes to
 ART. 146 ILLEGAL ASSEMBLIES the aid of a PA.
FORMS OF ILLEGAL ASSEMBLY:
1) Any meeting attended by armed persons for
the purpose of committing any of the crimes
 ART. 148- DIRECT ASSAULTS
punishable under the Code
KINDS:
2) Any meeting in which the audience, whether

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
1. Simple assault
2. Qualified assault
TWO WAYS TO COMMIT:
1. Without public uprising, by employing
force or intimidation for the attainment of any of
the purposes enumerated in defining the crimes
of sedition & rebellion
 offended party need not be a person in
authority or his agent, he may be a private
individual if the object is to attain an object
of sedition
2. Without public uprising, by attacking, by
employing force or seriously intimidating or by
seriously resisting any person in authority (PA)
or any of his agents (APA), while engaged in the
performance of official duties, or on the
occasion of such performance.
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.
 ART. 151- RESISTANCE &
DISOBEDIENCE TO A PERSON IN
AUTHORITY OR THE AGENTS OF SUCH
PERSON
ELEMENTS OF RESISTANCE & SERIOUS
DISOBEDIENCE:
1. That a person in authority or his agent is
engaged in the performance of official duty
or gives a lawful order to the offender
2. That the offender resists or seriously
disobeys such person in authority or his
agent
3. That the act of the offender is not included
in the provisions of Arts. 148-150

DIRECT ASSAULT IS QUALIFIED WHEN: ELEMENTS OF SIMPLE DISOBEDIENCE:

1. Committed with a weapon 1. That an APA is engaged in the performance
2. Offender is a public officer or employee of official duty or gives a lawful order to the
3. Offender lays hands upon a person in offender,
authority 2. That the offender disobeys such APA,
3. That such disobedience is not of a serious
nature.
 Additional penalty for attacking ambassador
or minister (R.A. 75) DIRECT ASSAULT RESISTANCE
 The PA or APA must  Only in actual
 Knowledge of the accused that the victim is be engaged in the performance of duties
a PA or APA is essential performance of official
duties or that he is
 ART. 149- INDIRECT ASSAULT assaulted by reason
ELEMENTS: thereof
1. That an APA is the victim of any of the  There is force  Use of force is not
forms of direct assault defined in Art. 148 employed so serious
2. That a person comes to the aid of the APA
3. That the offender makes use of force or
intimidation upon such person coming to the
aid of the APA. CRIMES AGAINST PUBLIC DISORDERS
(ARTS. 153-156)
 ART. 153- TUMULTS & OTHER
 ART. 150- DISOBEDIENCE TO DISTURBANCES OF PUBLIC ORDER
SUMMONS ISSUED BY THE NAT’L PUNISHABLE ACTS:
ASSEMBLY, ITS COMMITTEES OR 1) Causing any serous disturbance in a public
SUBCOMMITTEES, BY THE CONST. place, office or establishment
2) Interrupting or disturbing public
COMMISSION, ITS COMMITTEES,
performances, functions or gatherings, or
SUBCOMMITTEES OR DIVISIONS peaceful meetings, if the act is not included in
PUNISHABLE ACTS: Arts. 131-132.
1) Refusing, without legal excuse, to obey 3) Making an outcry tending to incite rebellion
summons of Congress, or any commission or or sedition in any meeting, association or public
committee chairman or member authorized to place
summon witnesses, 4) Displaying placards or emblems which
2) Refusing to be sworn or placed under provoke a disturbance of public order in such
affirmation while before such legislative or place
constitutional body or official, 5) Burying with pomp the body of a person who
3) Refusing to answer any legal inquiry or to has been legally executed
produce any books, papers, documents, or
records in his possession, when required by
them to do so in the exercise of their functions,

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 Serious disturbance must be planned or penal establishment (detention included)
intended 2. That the offender removes such person, or
helps the escape of such person

 OUTCRY – to shout spontaneously, KINDS OF EVASION OF SERVICE OF

subversive or provocative words tending to
stir up the people to obtain by means of
force or violence any of the objects of
rebellion or sedition
 ART. 154- UNLAWFUL USE OF
MEANS OF PUBLICATION &
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
2) Encouraging disobedience to the law or to
the constituted authorities or by praising,
justifying or extolling any act punished by law, by
the same means or by words, utterances or
speeches
3) Maliciously publishing or causing to be
published any official resolution or document
without 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
 ART. 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
(should not be aimed at a person otherwise
illegal discharge of firearm under Art. 254)
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
SENTENCE (ARTS. 157-159)
 ART.157- EVASION OF SERVICE OF
SENTENCE
ELEMENTS:
1. That the offender is a convict by final
judgement
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
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
 ART. 158- EVASION OF SENTENCE
ON THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES,
OR OTHER CALAMITIES
ELEMENTS:
1. That the offender is a convict by final
judgement, 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 leaves 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.

 CHARIVARI - includes a medley of  ART. 159- OTHER CASES OF

discordant voices, a mock serenade of EVASION OF SENTENCE
discordant noises made on kettles, tin, (CONDITIONAL PARDON)
horns, etc. designed to annoy or insult ELEMENTS:
1. That the offender was a convict
 If the disturbance is of a serious nature, the 2. That he was granted a conditional pardon by
case will fall under Art. 153 the Chief Exec.
3. That he violated any of the conditions of
 ART. 156- DELIVERING PRISONERS such pardon
FROM JAILS
ELEMENTS:  Violation of conditional pardon is a distinct
1. That there is a person confined in a jail or crime

35
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 signature or stamp
 Offender can be arrested and reincarcerated
without trial – in accordance with Sec. 64(I)
of the RAC
 ART. 160- COMMISSION OF CRIMES UNDER COUNTERFEITING COINS
ANOTHER CRIME DURING THE (ARTS. 163-165)
 ART. 163- MAKING AND
SERVICE OF PENALTY IMPOSED FOR
IMPORTING AND UTTERING FALSE
ANOTHER PREVIOUS OFFENSE
COINS
(QUASI-RECIDIVISM)
ELEMENTS:
ELEMENTS OF QUASI-RECIDIVISM:
1. That there be false or counterfeited coins
1. That the offender was already convicted by
2. That the offender either made, imported or
final judgement
uttered such coins
2. That he committed a new felony before
3. That in case of uttering such false or
beginning to serve such sentence or while
counterfeited coins, he connived with the
serving the same
counterfeiters or importers
WHO CAN BE PARDONED:  Coins withdrawn from circulation may be
1) At the age of 70, if he shall have already counterfeited
served out his original sentence (and not a
habitual criminal) or
 ART. 164- MUTILATION OF COINS-
2) When he shall have completed it after
reaching the said age, unless by reason of his IMPORTATION & UTTERANCE OF
conduct or other circumstances he shall not be MUTILATED COINS
worthy of such clemency. PUNISHABLE ACTS:
1. Mutilating coins of the legal currency, with
 As distinguished from REITERACION the further requirement that there be intent
(habituality) which requires that the offender to damage or to defraud another
against whom it is considered shall have 2. Importing or uttering such mutilated coins,
served out his sentence for the prior with the further requirement that there must
offenses. be connivance with the mutilator or importer
in case of uttering
 Cannot be offset by ordinary mitigating
circumstances  Mutilation of foreign currency not included

 Coins must be of legal tender

CRIMES AGAINST PUBLIC INTEREST (ARTS.
161-189)  ART. 165- SELLING OF FALSE OR
CRIMES CALLED FORGERIES MUTILATED COIN WITHOUT
(ARTS. 161-174)
CONNIVANCE
 ART. 161- COUNTERFEITING THE
Punishable Acts
SEAL OF THE GOVERNMENT, THE POSSESSION UTTERING
SIGNATURE, OR THE STAMP OF THE ELEMENTS: ELEMENTS:
CHIEF EXEC. a. Possession a. Actually
Punishable Acts: b. With intent to uttering.
1. Forging the Great Seal of the Government of utter b. Knowledge
the Phil. c. Knowledge
2. Forging the signature of the President
3. Forging the stamp of the President
 Does not require legal tender
 ART. 162- USING FORGED
SIGNATURE OR COUNTERFEIT SEAL  ART. 166- FORGING TREASURY OR
OR STAMP BANK NOTES OR OTHER DOCUMENTS
ELEMENTS: PAYABLE TO THE BEARER;
1. That the Great Seal of the Republic was IMPORTING AND UTTERING SUCH
counterfeited or the signature or stamp of FALSE OR FORGED NOTES AND
the Chief Executive was forged by another
DOCUMENTS
person
2. That the offender knew of the counterfeiting Punishable Acts:
of forgery 1) Forging or falsification of treasury or bank
3. That he used the counterfeit seal or forged notes or other documents payable to bearer
2) Importation of such false or forged

36
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
obligations or notes
3) Uttering of such false or forged obligations
or notes in connivance with the forgers or
importers
 Counterfeiting of paper bills is covered by
this felony (see People vs. Valencia)
 ART. 167-COUNTERFEITING,
IMPORTING, & UTTERING
INSTRUMENTS NOT PAYABLE TO THE
BEARER
ELEMENTS:
1. That there be an instrument payable to order
or other such document of credit not payable
to bearer
2. That the offender either forged, imported or
uttered such instrument
3. That in case of uttering, he connived with
the forger or importer.
 ART.168- ILLEGAL POSSESSION &
USE OF FALSE TREASURY OR BANK
NOTES AND OTHER INSTRUMENTS OF
CREDIT
ELEMENTS:
1. That any of said instruments is forged or
falsified by another person
2. That the offender knows that any of those
instruments is forged or falsified
3. That he performs any of these acts :
a. Using any of such forged or falsified
instruments
b. Possession with intent to use of any of
such forged or falsified instruments
 ART. 169- HOW FORGERY IS
COMMITTED
1) By giving a treasury or bank note or any
instrument payable to bearer or to order
mentioned therein, the appearance of a true and
genuine document
2) By erasing, substituting, counterfeiting or
altering the figures, letters, words, or sign
contained therein
 Forgery includes falsification
counterfeiting
CLASSES OF FALSIFICATION
(ARTS. 170-173)
 The crime of falsification must involve a
writing which is a document in the legal
sense.
CLASSIFICATION OF DOCUMENTS:
1) Public – (a) document created, executed or
issued by a public official in response to
exigencies of the public service, (b) or in the
execution of which a public official or notary
public intervened
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
2) Official – issued by a public official in the
exercise of the functions of his office; also a
public document.
3) Commercial- defined and regulated by the
Code of Commerce or other commercial law
4) Private- a deed or instrument executed by a
private person without the intervention of a
notary public or other person legally authorized,
by which document, some disposition of
agreement is proved, evidenced or set forth
Importance of Classification:
1) In private documents, criminal liability will
not arise unless there is damage caused to third
person.
2) In public or commercial documents, criminal
liability can arise although no third person
suffered damage.
 ART. 170-FALSIFICATION OF
LEGISLATIVE DOCUMENTS
ELEMENTS:
1. That there be a bill, resolution or ordinance
enacted or approved or pending approval by
the Nat’l Assembly or any provincial board
or municipal council
2. That the offender alters the same
3. That he has no proper authority
4. That the alteration has changed the
meaning of the document.
 ART. 171- FALSIFICATION BY
PUBLIC OFFICER, EMPLOYEE; OR
NOTARY OR ECCLESIASTICAL
MINISTER
ELEMENTS:
1. That the offender is a public officer,
employee or notary public
2. That he takes advantage of his official
position
REQUISITES:
a. He has a duty to make or prepare or
otherwise to intervene in the preparation
of the document
b. He has official custody of the document
which he falsifies
& 3. That he falsifies a document by committing
any of the ff. acts:
a. Counterfeiting or imitating any
handwriting, signature or rubric
b. Causing it to appear that persons have
participated in any act or proceeding
when they did not in fact so participate
c. Attributing to persons who have
participated in an act or proceeding
statements other than those in fact
made by them
d. Making untruthful statements in a
narration of facts
e. Altering true dates
f. Making any alteration or intercalation in
a genuine document which changes its
37
 meaning falsification is required,
g. Issuing in authenticated form a to show intent to
document purporting to be a copy of an defraud.
original document when no such original
exists, or including in such copy a ART. 172 ART. 171
statement contrary to, or different from the prejudice to a third prejudice to third
that of the genuine original party is taken into person is immaterial;
h. Intercalating any instrument or note account so that if what is punished is the
relative to the issuance in a protocol, damage is not violation of public faith
registry or official book apparent, or at least if and the perversion of
with no intent to cause truth
 Genuine document in pars. f,g,h is it, the falsification is
necessary. not punishable

 Falsification may be committed by  ART. 173- FALSIFICATION OF

simulating or fabricating a document in
WIRELESS, CABLE, TELEGRAPH, &
paragraphs a to e
TEL. MESSAGES, & USE OF SAID
PERSONS LIABLE: FALSIFIED MESSAGES
1) Any public officer, employee or notary public PUNISHABLE ACTS:
2) Ecclesiastical minister, when the falsification 1) Uttering fictitious wireless, telegraph or
may affect the civil status of persons telephone messages
2) Falsifying wireless, telegraph or tel.
 ART. 172-FALSIFICATION BY messages
PRIVATE INDIVIDUALS & USE OF 3) Using such falsified message
FALSIFIED DOCUMENTS
 ART. 174- FALSE MEDICAL
Punishable Acts:
1) Falsification of public, official, or CERTIFICATES, FALSE CERTIFICATES
commercial document by a private individual OF MERIT OR SERVICE
or by a public officer, employee or notary public PERSONS LIABLE:
who does not take advantage of his official 1) Physician or surgeon who, in connection
position with the practice of his profession, issued a false
 Damage or intent to cause damage is not certificate
necessary in this paragraph. 2) Public officer who issued a false certificate
of merit or service, good conduct or similar
2) Falsification of private document by any circumstances
person 3) Private individual who falsified a certificate
 The offender must have (a) counterfeited the falling in the classes mentioned in nos. 1&2
false document and (b) he must have
performed an independent act which  ART. 175- USING FALSE
operates to the prejudice of a third person
CERTIFICATES
ELEMENTS:
 Use of a falsified document
1. That a false certificate mentioned in the
1. in a Judicial Proceeding
preceding article was issued.
 no damage required
2. That the offender knew that the certificate
2. in any other transaction
was false
 with intent to cause damage to
3. That he used the same.
another

FALSIFICATION AS A MEANS TO COMMIT ESTAFA  ART. 176- MANUFACTURING &

Falsification of Falsification of POSSESSION OF INSTRUMENTS OR
Public, Official or Private Doc. IMPLEMENTS FOR FALSIFICATION
Commercial Doc. Punishable Acts:
When committed as a Even when committed 1) Making or introducing into the Phil. any
necessary means to as a necessary means stamps, dies, marks, or other instruments or
commit estafa, to commit estafa, implements for counterfeiting
complex crime is either estafa or 2) Possession with intent to use the
committed. falsification only is instruments or implements for counterfeiting or
committed. falsification made in or introduced into the Phil.
REASON: by another person
In this type of
falsification, an act
 ART. 177-USURPATION OF
independent of

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 AUTHORITY OR OFFICIAL FUNCTIONS acquitted
WAYS TO COMMIT:
1) By misrepresenting oneself to be an officer,
agent or representative of the government,
whether local, national or foreign  ART. 181- FALSE TESTIMONY
2) By performing any act pertaining to a person FAVORABLE TO THE DEFENDANT
in authority or public officer of the government
under the pretense of official position and  Conviction or acquittal of defendant in
without authority principal case not necessary

 May be violated by a public officer

 ART. 182- FALSE TESTIMONY IN
 ART. 178- USING FICTITIOUS NAME CIVIL CASES
ELEMENTS:
& CONCEALING TRUE NAME
1. That the testimony must be given in a civil
ELEMENTS: (USING FICTITIOUS NAME)
case
1. That the offender uses a name other than
2. That the testimony must relate to the issues
his real name
presented in said case
2. That he uses that fictitious name publicly
3. That the testimony must be false
3. That the purpose of the offender is --
4. That the false testimony must be given by
a. to conceal a crime
the defendant knowing the same to be false
b. to evade the execution of a judgement
5. That the testimony must be malicious and
c. to cause damage to public interest
given with an intent to affect the issues
presented in said case.
ELEMENTS: (CONCEALING TRUE NAME)
1. That the offender conceals ---
 Article not applicable in special proceedings
a. His true name
which falls under “other cases” in Art. 183.
b. all other personal circumstances
2. That the purpose is only to conceal his
identity  ART. 183- FALSE TESTIMONY IN
OTHER CASES AND PERJURY IN
NOTE: SOLEMN AFFIRMATION
CA 142 punishes illegal use of alias Acts Punished:
1) By falsely testifying under oath (not in
 ART. 179- ILLEGAL USE OF judicial proceedings)
UNIFORM OR INSIGNIA 2) By making a false affidavit
ELEMENTS:
1. That the offender makes use of insignia, ELEMENTS OF PERJURY:
uniform or dress 1. That the accused made a statement under
2. That the insignia, uniform or dress pertains oath or affirmation or executed an affidavit
to an office not held by the offender or to a upon a material matter
class of persons of which he is not a 2. That the statement or affidavit was made
member before a competent officer, authorized to
3. That said insignia, uniform, or dress is used receive and administer oath
publicly and improperly 3. That in that statement or affidavit, the
accused made a willful and deliberate
assertion of a falsehood
THREE FORMS OF FALSE TESTIMONY 4. That the sworn statement or affidavit
(ARTS. 180-183) containing the falsity is required by law.
 ART. 180- FALSE TESTIMONY
 ART. 184- OFFERING FALSE
AGAINST A DEFENDANT
ELEMENTS: TESTIMONY IN EVIDENCE
1. That there be a criminal proceeding where ELEMENTS:
the offender testifies falsely under oath 1. That the offender offered in evidence a false
against the defendant witness or false testimony
2. That the offender who gives false testimony 2. That he knew the witness or the testimony
knows that it is false was false
3. That the defendant against whom the false 3. That the offer was made in a judicial or
testimony is given is either acquitted or official proceeding
convicted in a final judgement.
CRIMES CLASSIFIED AS FRAUDS
 Defendant must be sentenced to at least a (ARTS. 185-189)
correctional penalty or a fine or must be  ART. 185- MACHINATIONS IN

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 PUBLIC AUCTIONS
Punishable Acts:
1) Soliciting any gift or promise as a
consideration for refraining from taking part in
any public auction
2) Attempting to cause bidders to stay away
from an auction by threats, gifts, promises or
any other artifice
ESSENTIAL ELEMENT:
That there be intent to cause the
reduction of the price.
 ART. 186- MONOPOLIES &
COMBINATIONS IN RESTRAINT OF
TRADE
Punishable Acts:
1) Combination or conspiracy to prevent free
competition in the market
2) Monopoly to restrain free competition in the
market
3) Making transactions prejudicial to lawful
commerce or to increase the market price of
merchandise
 If the offense affects any food substance or
other particles of prime necessity, it is
sufficient that initial steps are taken
 ART. 187- IMPORTATION &
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
of any of those articles or merchandise
2. That the stamps, brands, or marks of those
articles of merchandise fail to indicate the
actual fineness or quality of said metals or
alloy
3. That the offender knows that the stamps,
brands, or marks fail to indicate the actual
fineness or quality of said metals or alloy
NOTE: Articles 188 and 189 have been repealed
by RA 8293 Sec. 69, The Intellectual Property
Code, effective January 1, 1998.
 REPUBLIC ACT 455 – ON
SMUGGLING OR ILLEGAL
IMPORTATION
PUNISHABLE ACTS:
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
 CRIMES RELATED TO OPIUM AND
OTHER PROHIBITED DRUGS
Dangerous Drugs Act
RA 6425
Dangerous Drugs are either:
1. PROHIBITED DRUGS: Includes Opium,
cocaine and its active component and
derivatives and other substances producing
similar effects; Indian Hemp and all its
derivatives; all other preparations made from the
foregoing whether natural or synthetic with the
physiological effects of a narcotic or
hallucinogenic drug
2. REGULATED DRUG: Includes self-inducing
sedatives or a derivative of a salt barbituric acid;
amphetamine, hypnotic drugs, or other drug with
same effect
Punishable Acts: (PROHIBITED DRUGS)
a) Importation
b) Sale, Administration, Delivery,
Distribution, Transportation
c) Maintenance of a Den, Dive, Resort for
users
d) Employment and Visit to such Den
e) Manufacture
f) Possession and Use
g) Cultivation of Plants which are sources
of prohibited drugs
h) Failure to Comply with Record
Requirements of the Law
i) Unlawful Prescription
j) Unnecessary Prescription
k) Possession of Opium pipes, other
paraphernalia
 With respect to par. B & C, the maximum
penalty shall be imposed if the victim is a
minor or the prohibited drug is the proximate
cause of death
 With respect to par G, the maximum penalty
shall be imposed if the land used is public
domain; if private, the land shall be
escheated to the state unless the owner
proves that he had no knowledge of such
cultivation despite the exercise of due
diligence
 Paragraph H applies only to pharmacists,
physicians, veterinarians or dentists
dispensing such drugs; additional penalty of
revocation of license
Punishable Acts: (REGULATED DRUGS)
a) Importation

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
b) Sale, Administration, Delivery, Distribution, Reason: there is a single criminal act
Transportation impelled by a single criminal intent.
c) Maintenance of a Den, Dive, Resort for
users
d) Manufacture CRIMES AGAINST PUBLIC MORALS (ARTS.
e) Possession or Use 195-202)
f) Failure to comply with Record Requirements  ARTS. 195-199, PROVISIONS OF PD. 483 &
g) Unlawful Prescription 449 ARE REPEALED WHICH ARE
h) Unnecessary Prescription INCONSISTENT WITH PD 1602 OR
PRESIDENTIAL DECREE PRESCRIBING
 Same rules apply with respect to par B, C & STIFFER PENALTIES ON ILLEGAL
F GAMBLING.

 EVERY PENALTY IMPOSED SHALL

CARRY WITH IT THE CONFISCATION OFFENSES AGAINST DECENCY AND GOOD
AND FORFEITURE OF ALL THE CUSTOMS ( ARTS. 200-202)
PROCEEDS OF THE CRIME, INCLUDING  ART. 200- GRAVE SCANDAL
BUT NOT LIMITED TO, MONEY AND ELEMENTS:
OTHER ASSETS OBTAINED AND THE 1. That the offender performs an act or acts
INSTRUMENTS OR TOOLS WITH WHICH 2. That such act or acts be highly scandalous
IT WAS COMMITTED, UNLESS THEY ARE as offending against decency and good
PROPERTY OF A 3RD PERSON NOT customs
LIABLE FOR THE OFFENSE, BUT THOSE 3. That the highly scandalous conduct is not
WHICH ARE NOT OF LAWFUL expressly falling within any other article of
COMMERCE SHALL BE DESTROYED W/O this Code
DELAY. 4. That the act or acts complained of be
committed in a public place or within the
 Any apprehending officer who public knowledge or view.
misappropriates or fails to account shall
after conviction be punished by reclusion  ART. 201- IMMORAL DOCTRINES,
perpetua to death and a fine ranging
P500,000.00 to P10,000,000.00. OBSCENE PUBLICATIONS &
EXHIBITIONS & INDECENT SHOWS (AS
 Plea-bargaining shall not be allowed where AMENDED BY PD 969)
the imposable penalty is reclusion perpetua PERSONS LIABLE:
to death. 1) Those who shall publicly expound or
proclaim doctrines openly and contrary to public
 If the offender is an Alien he shall be morals
deported immediately w/o further
proceedings after service of sentence. (Sec. 2) The authors of obscene literature, published
22) with their knowledge in any form; the editors
publishing such literature; and the owners,
 If committed by a juridical person the operators of the establishment selling the same
partner, director, president or manager who
consents or knowingly tolerates such 3) Those who, in theatres, fairs,
violation shall be held liable as a co- cinematographs or any other place, exhibit
principal. (Sec. 22) indecent or immoral shows which are proscribed
or are contrary to law, public order, morals, good
 If a Government. official is found guilty of customs, established policies, lawful orders,
“planting” any dangerous drugs in the decrees and edicts
person or in the immediate vicinity of
another as evidence to implicate the latter, 4) Those who shall give away or exhibit films,
he shall suffer the same penalty as therein prints, engravings, sculpture or literature which
provided. are offensive to morals

 Acquittal in a case of importation does not  ART. 202- VAGRANTS &

bar prosecution for illegal possession of
PROSTITUTES
opium because they are 2 distinct crimes.
PERSONS LIABLE:
 Illegal possession of pipe is included in 1) Any person having no apparent means of
illegal possession of opium if the opium and subsistence, who has the physical ability to work
the pipe were found in the same place and and who neglects to apply himself to some
at the same time and by the same person. lawful calling

41
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
2) Any person found loitering about public or 4. That it is due to his inexcusable negligence
semipublic buildings or places, or tramping or or ignorance
wandering about the country or the streets
without visible means of support  ART. 206- UNJUST
INTERLOCUTORY ORDER
3) Any idle or dissolute person who lodges in
ELEMENTS:
houses of ill fame; ruffians or pimps and those
1. That the offender is a judge
who habitually associate with prostitutes
2. That he performs any of the ff. acts:
a. Knowingly renders unjust interlocutory
4) Any person who, not being included in the
order or decree.
provisions of other articles of this Code, shall be
b. Renders a manifestly unjust
found loitering in any inhabited or uninhabited
interlocutory order or decree through
place belonging to another without any lawful or
inexcusable negligence or ignorance
justifiable purpose

PROSTITUTES - women who, for money or  ART. 207- MALICIOUS DELAY IN

profit, habitually indulge in sexual intercourse or THE ADMINISTRATION OF JUSTICE
lascivious conduct ELEMENTS:
1. That the offender is a judge
 ART. 203 WHO ARE PUBLIC 2. That there is a proceeding in his court
3. That he delays the administration of justice
OFFICERS
4. That it is caused by the judge with
REQUISITES:
deliberate intent to inflict damage on either
1. Taking part in the performance of public
party in the case
functions in the Government or performing in
said Government or in any of its branches
public duties as an employee, agent or  ART. 208- PROSECUTION OF
subordinate official of any rank or class OFFENSES; NEGLIGENCE &
2. That his authority must be – TOLERANCE
a. By direct provision of law Punishable Acts:
b. By popular election 1) Maliciously refraining from instituting
c. By appointment by competent authority prosecution against violators of the law
2) Maliciously tolerating the commission of
offenses
CRIMES OF MALFEASANCE &
MISFEASANCE IN OFFICE REQUISITES:
(ARTS. 204-211) 1. That the offender is a public officer who has
 MISFEASANCE- improper performance of a duty to cause the prosecution of, or to
some act which might lawfully be done prosecute offenses
2. That knowing the commission of the crime,
 MALFEASANCE- the performance of some he does not cause the prosecution of the
act which ought not to be done criminal or knowing that a crime is about to
be committed he tolerates its commission
 NONFEASANCE- omission of some act which 3. That the offender acts with malice and
ought to be performed deliberate intent to favor the violator of the
law
 ART. 204- KNOWINGLY RENDERING
UNJUST JUDGEMENT  ART. 209- BETRAYAL OF TRUST BY
ELEMENTS: AN ATTY. OR SOLICITOR
1. That the offender is a judge Punishable Acts:
2. That he renders a judgement in a case 1) Causing damage to his client, either:
submitted to him for decision (a) by any malicious breach of professional
3. That the judgment is unjust duty; or
4. That the judge knows that his judgement is (b) inexcusable negligence or ignorance
unjust.
2) Revealing any of the secrets of his client
 ART. 205- JUDGEMENT THROUGH learned by him in his professional capacity
NEGLIGENCE  damage is not necessary
ELEMENTS:
1. That the offender is a judge 3) Undertaking the defense of the opposing
2. That he renders a judgement in a case party in the same case without the consent of
submitted to him for decision his first client.
3. That the judgment is manifestly unjust

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
  ART. 210- DIRECT BRIBERY
Punishable Acts:
1) 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 his official
duties
2) 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
3) Agreeing to refrain, or by refraining, from
doing something which it is his official duty to do,
in consideration of a gift or promise
QUALIFIED BRIBERY - committed by public
officers entrusted with the enforcement of law
and whose duty is to arrest and prosecute those
who violate them where the penalty for the same
is reclusion perpetua or higher.
 ART. 211- INDIRECT BRIBERY
ELEMENTS:
1. That the offender is a public officer
2. That he accepts gifts
3. That said gifts are offered to him by reason
of his office
 ART. 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 present given to a public officer,
under circumstances that will make the
public officer liable for direct bribery or
indirect bribery
ANTI-GRAFT & CORRUPT PRACTICES
ACT (R.A. 3019)
(RA 3019 as amended by RA 3047, PD 77
and BP 195)
 Section 2. Definition of Terms.
Government – the nat’l Government, the local
Government, the GOCCs, & all other
instrumentalities or agencies of the government
PUBLIC OFFICER – elective & appointive
officials & employees, permanent or temporary,
whether in the classified or unclassified or
exempt services receiving compensation, even
nominal, from the Government.
 Section 3. Corrupt Practices of Public
Officials.
A. Persuading, inducing or influencing another
public officer to perform an act constituting a
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
violation of rules and regulations duly
promulgated by competent authority or an
offense in connection with the official duties
of the latter, or allowing himself to be
persuaded, induced, or influenced to commit
such violation or offense.
B. Directly or indirectly requesting or receiving
any gift, present, share, percentage, or
benefit, for himself or for any other person,
in connection w/ 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.
C. Directly or indirectly requesting or receiving
any gift, present or other pecuniary or
material benefit, for himself or for another,
from any person for whom the public officer,
in any manner 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, w/out prejudice to Section 13 of this
Act.
D. Accepting or having any member of his
family accept employment in a private
enterprise w/c has pending official business
w/ him during the pendency thereof or w/in
one year after his termination.
E. Causing any undue injury to any party,
including the Government, or giving any
private party any unwarranted benefits,
advantage or preference in the discharge of
his 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 corps.
charged w/ the grant of licenses or permits
or other concessions.
F. Neglecting or refusing, after due demand or
request, w/out sufficient justification, to act
w/in a reasonable time on any matter
pending before him for the purpose of
obtaining, directly or indirectly, from any
person interested in the matter some
pecuniary or material benefit or advantage,
or for the purpose of favoring his own
interest or giving undue advantage in favor
of or discriminating against any other
interested party.
G. Entering, on behalf of the Government, into
any contract or transaction manifestly and
grossly disadvantageous to the same,
whether or not the public officer profited or
will profit thereby.
H. Directly or indirectly having financial or
pecuniary interest in any business, contract
or transaction in connection with which he
intervenes or takes part in his official
capacity, or in w/c he is prohibited by the
Constitution or by law from having any
interest.
I. 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 of w/c he is a
member, & w/c 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 w/c they
belong.
J. Knowingly approving or granting any
license, permit, privilege or benefit in favor
of any person not qualified for or not legally
entitled to such license, permit, privilege, or
advantage, or of a mere representative or
dummy of one who is not qualified or
entitled.
K. Divulging valuable information of a
confidential character, acquired by his office
or by him on account of his official position
to unauthorized persons, or releasing such
information in advance of its authorized
date.
 Section 4. Prohibition on private individuals.
A. Taking advantage of family or close
personal relation with public official is
punished.
B. 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, w/in 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
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
dealing with the Government along the
same line of business, or 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 w/c is not discretionary on
the part of the official/s 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 w/c will be directly & 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
Congress of the enactment or adoption of
any law or resolution, & 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 7. Statement of assets and liabilities.
 Every public officer shall prepare & file a
true & detailed sworn statement of assets &
liabilities, including a statement of the
amount & sources of his income, the amount
of his personal & family expenses & the
amount of income taxes paid for the next
preceding calendar year.
 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 #1379) – 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, or
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
insignificant value offered or given as
mere ordinary token of gratitude
friendship according to local custom
usage.
ANTI-PLUNDER ACT
 criminal act done. A pattern of overt or criminal
RA 7080
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
Note: 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 payment of sums different from or larger
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 November 21, 2001)
 Section 2. Definition of the Crime of
Plunder; Penalties.
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
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
or shall be considered by the courts in the
a imposition of penalty.
of
or  Section 4. Rule of Evidence.
It is not necessary to prove each and every
acts indicative of the over-all unlawful scheme or
conspiracy shall be sufficient.
 Section 5. Suspension and Loss of Benefits.
 Section 6. Prescription of Crimes
20 years – prescription
ART. 213- FRAUDS AGAINST THE
PUBLIC TREASURY & SIMILAR
OFFENSES
ELEMENTS OF FRAUDS AGAINST PUBLIC
TREASURY (PAR.1):
1. That the offender be a public officer
2. That 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 (1)
furnishing supplies (2) the making of
contracts, or (3) the adjustment or
settlement of accounts relating to public
property of funds
4. That the accused had intent to defraud the
Government.
ELEMENTS OF ILLEGAL EXACTIONS
(PAR.2):
1. The offender is a public officer entrusted
with the collection of taxes, licenses, fees, &
other imposts
2. He commits any of the ff. acts:
a. Demanding, directly or indirectly, the
than those authorized by law
b. Failing voluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially
c. Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or objects of a nature
45
 different from that provided by law
 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.
 ART. 214- OTHER FRAUDS
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

 The offender is a public officer who takes MALVERSATION MAY BE COMMITTED BY

advantage of his official position. PRIVATE INDIVIDUALS IN THE FOLLOWING
CASES:
 ART. 215- PROHIBITED 1) Those in conspiracy with public officers
guilty of malversation;
TRANSACTIONS 2) Those who are accessory or accomplice to a
ELEMENTS: public officer;
1. That the offender is an appointive public 3) Custodian of public funds or property in
officer whatever capacity;
2. That he becomes interested, directly or 4) Depositary or administrator of public funds
indirectly, in any transaction of exchange or or property.
speculation
3. That the transaction takes place within the  PRESUMPTION
territory subject to his jurisdiction When demand is made to the
4. That he becomes interested in the accountable officer to account for the funds and
transaction during his incumbency property and the same is not forthcoming, the
presumption is that he misappropriated the
 ART. 216- POSSESSION OF funds.
PROHIBITED INTEREST BY A PUBLIC
OFFICER  Malversation is principally distinguished
PERSONS LIABLE: from estafa by:
1) Public officer who, directly or indirectly, a. The public or private character of the
became interested in any contract or business accused
which it was his official duty to intervene b. The nature of the funds
2) Experts, arbitrators, and private accountants c. The fact that conversion is not required
who, in like manner, took part in any contract or in malversation
transaction connected with the estate or d. The rule that there is no need of prior
property in the appraisal, distribution or demand in malversation
adjudication of which they had acted e. The absence of a requirement of
3) Guardians and executors with respect to the damage in malversation
property belonging to their wards or the estate

CRIMES CALLED MALVERSATION OF  ART. 218- FAILURE OF

PUBLIC FUNDS OR PROPERTY ACCOUNTABLE OFFICER TO RENDER
(ARTS. 217-221) ACCOUNTS
 ART. 217- MALVERSATION OF ELEMENTS:
PUBLIC FUNDS OR PROPERTY 1. That the offender is a public officer, whether
Punishable Acts: in the service or separated therefrom
1) Appropriating public funds or property 2. That he must be an accountable officer for
2) Taking or misappropriating the same public funds or property
3) Consenting or through abandonment or 3. That he is required by the law or regulation
negligence, by permitting any other person to to render accounts to the Comm. on Audit,
take such public funds or property or to the provincial auditor
4. That he fails to do so for a period of 2 mos.
COMMON ELEMENTS: after such accounts should be rendered
1. That the offender is a public officer who has:
a. Official custody of public funds or  Misappropriation is not necessary.
property or the duty to collect or receive
funds due to the Government  ART. 219- FAILURE OF A
b. The obligation to account for them to the RESPONSIBLE PUBLIC OFFICER TO
Government
RENDER ACOUNTS BEFORE LEAVING
2. That he had the custody or control of funds
or property by reason of the duties of his THE COUNTRY
ELEMENTS:

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
1. That the offender is a public officer
2. That he must be an accountable officer for
public funds or property
3. That he unlawfully left (or be on the point of
leaving) the Phils. without securing from the
Comm. on Audit a certificate showing that
his accounts have been finally settled
 ART. 220- ILLEGAL USE OF PUBLIC
FUNDS OR PROPERTY
This crime is known as technical
malversation because the fund or property is
already earmarked or appropriated for a certain
public purpose.
ELEMENTS:
1. That the offender is a public officer
2. That there are public funds 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 fund or
property has been appropriated by law or
ordinance.
MALVERSATION ILLEGAL USE
 the public fund is to  the public fund or
be applied to the property is applied to
personal use & benefit another public use
of the offender or of
another person
 ART. 221-FAILURE TO MAKE
DELIVERY OF PUBLIC FUNDS OR
PROPERTY
Punishable Acts:
1) Failing to make payment by a public officer
who is under obligation to make such payment
from the Government funds in his possession
2) Refusing to make delivery by a public officer
who has been ordered by competent authority to
deliver any property in his custody or under his
administration (refusal must be malicious)
 ART. 222-OFFICERS INCLUDED IN
THE PROVISIONS
Private Individuals who may be liable under Art.
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
 ART. 223- CONNIVING WITH OR
CONSENTING TO EVASION
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
ELEMENTS:
1. That the offender is a public officer
2. That he had in his custody or charge a
prisoner, either detention prisoner, or
prisoner by final judgement
3. That such prisoner escaped from his
custody
4. That he was in connivance with the prisoner
in the latter’s escape
 ART. 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 judgement
3. That such prisoner escapes through his
negligence
 ART. 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. 226- REMOVAL,
CONCEALMENT, OR DESTRUCTION OF
DOCUMENTS
ELEMENTS:
1. That the offender is a public officer
2. That he removes, destroys, conceals
documents or papers
3. That the said documents/ papers must be
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.
 ART. 227- OFFICER BREAKING THE
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 seal or permits them to
be broken

 ART. 228- OPENING OF CLOSED
DOCUMENTS
ELEMENTS:
1. That the offender is a public officer
2. That 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
 ART. 229- REVELATION OF
SECRETS BY AN OFFICER
Punishable Acts:
1) Revealing secrets known to the offending
public officer by reason of his official capacity
2) Delivering wrongfully papers or copies of
papers of which he may have charge and which
should not be published
 ART. 230- PUBLIC OFFICER
REVEALING SECRETS OF PRIVATE
INDIVIDUAL
ELEMENTS:
1. That the offender is a public officer
2. That he knows of the secrets of a private
individual by reason of his office
3. That he reveals such secrets without
authority or justifiable reason
 ART. 231- OPEN DISOBEDIENCE
ELEMENTS:
1. That the offender is a judicial or executive
officer
2. That there is a judgement, decision, or order
of a superior authority
3. That such judgment, decision, or order was
made by a superior authority and issued
with all the legal formalities
4. That the offender without any legal
justification openly refuses to execute the
said judgement, decision or order, which he
is duty bound to obey
 ART. 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
suspension of the execution of the order
5. That the offender disobeys his superior
despite the disapproval of the suspension
 ART. 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
 ART. 234-REFUSAL TO DISCHARGE
ELECTIVE OFFICE
ELEMENTS:
1. That the offender is elected by popular
election to a public office
2. That he refuses to be sworn in or to
discharge the duties of said office
3. That there is no valid justification for such
refusal.
 ART. 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:
a. By overdoing himself in the correction
and handling
i. By the imposition of punishments
not authorized by the regulations
ii. By inflicting such punishments
(those authorized) in a cruel and
humiliating manner
b. By maltreating such prisoner to extort a
confession or to obtain some information
from the prisoner
 ART. 236-ANTICIPATION OF
DUTIES OF PUBLIC OFFICE
ELEMENTS:
1. That the offender is entitled to hold a public
office or employment, either by election or
appointment
2. That the law requires that he should first be
sworn in and/ or should first give a bond
3. That he assumes the performance of the
duties and powers of such office
4. That he has not taken his oath of office
and/or given the bond required by law
 ART. 237-PROLONGING
PERFORMANCE OF DUTIES AND
POWERS
the ELEMENTS:
1. That the offender is holding a public office
2. That the period provided by law, regulations,
or special provisions for holding such office,

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 has already expired
3. That he continues to exercise the duties and
powers of such office
 ART. 238-ABANDONMENT OF
OFFICE OR POSITION
ELEMENTS:
1. That the offender is a public officer
2. That he formally resigns from his position
3. That his resignation has not yet been
accepted
4. That he abandons his office to the detriment
of the public service
 ART. 239-USURPATION OF
LEGISLATIVE POWERS
ELEMENTS:
1. That the offender is an executive or judicial
officer
2. That he (a) makes general rules/regulations
beyond the scope of his authority; (b)
attempts to repeal a law (c) suspends the
execution thereof
 ART. 240-USURPATION OF
EXECUTIVE FUNCTIONS
ELEMENTS:
1. That the offender is a judge
2. That he (a) assumes a power pertaining to
the executive authorities, or (b) obstructs
executive authorities in the lawful exercise of
their powers
 ART. 241- USURPATION OF
JUDICIAL FUNCTIONS
ELEMENTS
1. That the offender is an officer of the
executive branch of the Government.
2. That he (a) assumes judicial powers, or (b)
obstructs the execution of an order or
decision rendered by any judge within his
jurisdiction
 ART. 242-DISOBEYING REQUEST
FOR DISQUALIFICATION
ELEMENTS:
1. That the offender is a public officer
2. That a proceeding is pending before such
public officer
3. That there is a question before the proper
authority regarding his jurisdiction which is
not yet decided
4. That he has been lawfully required to refrain
from continuing the proceeding
5. That he continues the proceeding.
 ART. 243-ORDERS OR REQUESTS
BY EXEC. OFFICERS TO ANY JUDICIAL
AUTHORITY
ELEMENTS:
1. That the offender is a public 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
 ART. 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
qualification
4. That the offender knows that his nominee or
appointee lacks the qualifications at the time
he made the nomination or appointment
 ART. 245-ABUSES AGAINST
CHASTITY
ELEMENTS:
1. Offender is a public officer
2. He solicits or makes immoral or indecent
advances to a woman
3. 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 such offender who
is a warden or other public officer
c) wife, daughter, sister or relative within
the same degree by affinity of the
person under the custody of the offender
CRIMES AGAINST PERSONS
(ARTS. 246-266)
 ART. 246-PARRICIDE
ELEMENTS:
1. That a person is killed
2. That the deceased is killed by the accused
3. That the deceased is the father, mother, or
child (not less than 3 days old), whether
legitimate or illegitimate, or a legitimate
other ascendant or legitimate 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)
 ART. 247-DEATH OR PHYSICAL
INJURIES UNDER EXCEPTIONAL

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 CIRCUMSTANCES
ELEMENTS:
1. That a legally married person or parent
surprises his spouse or his daughter, the
latter under 18 yrs of age and living with
him, in the act of committing sexual
intercourse with another person
2. That he/ she kills any or both of them or
inflicts upon any or both of them any serous
physical injury in the act or immediately
thereafter
3. That he has not promoted or facilitated the
prostitution of his wife or daughter, or that he
or she has not consented to the infidelity of
the other spouse
 The discovery, the escape, the pursuit and
the killing must all form part of one
continuous act
 Applicable only when the daughter is single
 ART. 248-MURDER
Unlawful killing of any person which is not
parricide or infanticide, provided that any of the
ff. circumstances is present:
1) With treachery, taking advantage of superior
strength, with the aid of armed men, or
employing means to weaken the defense, or of
means or persons to insure or afford impunity
2) In consideration of a price, reward, or a
promise
3) By means of inundation, fire, poison,
explosion, shipwreck, stranding a vessel,
derailment of or assault upon a street car or
locomotive, fall of an airship, by means of motor
vehicles, or with the use of any means involving
great waste and ruin
4) On occasion of any of the calamities
enumerated in the preceding par., or an
earthquake, eruption of a volcano, destructive
cyclone, epidemic or any other public calamity
5) With evident premeditation
6) With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse
 ART. 249-HOMICIDE
 This is 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.
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 ACCIDENTAL HOMICIDE - is the death of a
person brought about by a lawful act
performed with proper care and skill and
without homicidal intent
 ART. 250-PENALTY FOR
FRUSTRATED PARRICIDE, MURDER,
HOMICIDE
 ART. 251- DEATH CAUSED IN A
TUMULTUOUS AFFRAY
ELEMENTS:
1. That there be at least 4 persons
2. That they did not compose groups organized
for the common purpose of assaulting and
attacking each other reciprocally
3. That several persons quarreled and
assaulted one another in a confused and
tumultuous affray
4. That someone was killed in the course of the
affray
5. That it cannot be ascertained who actually
killed the deceased
6. That the person or persons who inflicted
serious physical injuries or who used
violence can be identified
 ART. 252-PHYSICAL INJURIES IN A
TUMULTUOUS AFFRAY
ELEMENTS:
1. That there is a tumultuous affray as referred
to in the preceding article
2. That a participant or some participants
thereof suffered serious physical injuries or
physical injuries of a less serious nature
3. That the person responsible cannot be
identified
4. That all those who appear to have used
violence upon the person of the offended
party are known
 Injured party must be a participant in the
affray
 ART. 253-GIVING ASSISTANCE TO
SUICIDE
Punishable Acts:
1) Assisting another to commit suicide, whether
the suicide is consummated or not
2) Lending his assistance to another to commit
suicide to the extent of doing the killing himself
EUTHANASIA – “Mercy Killing” Practice of
painlessly putting to death a person suffering
from some incurable disease. Not considered as
included in Art 253 because the person killed
does not want to die. A doctor who resorts to
euthanasia may be liable for murder.
 ART. 254-DISCHARGE OF FIREARM
ELEMENTS:
1. That the offender discharges a firearm and the offender dispenses any abortive
against or at another person substance.
2. That the offender has no intention to kill that
person

 ART. 255-INFANTICIDE  ART. 260-RESPONSIBILITY OF

PARTICIPANTS IN A DUEL
 This is the killing of any child less than 3 DUEL: Formal or regular combat previously
days (72 hours) of age concerted between parties in the presence of
two or more seconds of lawful age on each side,
 Only the mother and maternal who make selection of arms and fix all other
grandparents of the child are entitled to the conditions of the fight.
mitigating circumstance of concealing the
dishonor PERSONS LIABLE:
1) The person who killed or inflicted physical
 ART. 256-INTENTIONAL ABORTION injuries upon his adversary, or both combatants
WAYS TO COMMIT: in any other case, as principals
1) By using violence upon the person of the 2) The seconds, as accomplices
pregnant woman
2) By acting, without using violence and  ART. 261-CHALLENGING TO A
without the consent of the woman (by
administering drugs/beverages upon a pregnant DUEL
without her consent) PUNISHABLE ACTS:
3) By acting, with the consent of the pregnant 1) Challenging another to a duel
woman (by administering drugs/beverages) 2) Inciting another to give or accept a
challenge to a duel
3) Scoffing at or decrying another publicly for
having refused to accept a challenge to fight a
 ART. 257-UNINTENTIONAL
duel
ABORTION
REQUISITES: PERSONS LIABLE:
1. Violence is used upon such pregnant 1) Challenger
woman without intending an abortion 2) Instigators
2. Violence is intentionally exerted
PHYSICAL INJURIES
 ART. 258-ABORTION PRACTICED  ART. 262-MUTILATION
BY THE WOMAN HERSELF OR BY HER
PARENTS  Offender must have the intention to deprive
The intentional abortion is caused by --- the offended party of a part of his body.
1) The pregnant woman herself
2) Any other person, with her consent  ART. 263-SERIOUS PHYSICAL
3) Any of her parents, with her consent for the INJURIES
purpose of concealing her dishonor
SERIOUS PHYSICAL INJURIES:
 Liability of pregnant woman is mitigated 1) When the injured person becomes insane,
if the purpose is to conceal dishonor impotent, imbecile, or blind in consequence of
the physical injuries inflicted
 No mitigation on the parents of the 2) When the injured person loses the use of
woman unlike in infanticide speech, or the power to hear or to smell, loses
an eye, a hand, a foot, an arm, or a leg, or loses
 ART. 259-ABORTION PRACTICED the use of any of such member, or becomes
BY A PHYSICIAN OR MIDWIFE AND incapacitated for the work in which he was
habitually engaged in consequence of the
DISPENSING OF ABORTIVES physical injuries
REQUISITES: 3) When the person injured, becomes
1. The offender be a physician or midwife, deformed, or loses any other member of his
2. That such person causes or assists in body, or becomes ill or incapacitated for the
causing the abortion performance of the work in which he was
3. Said physician or midwife takes advantage habitually engaged for more than 90 days, in
of his scientific knowledge or skill. consequence of the physical injuries inflicted
4) When the injured person becomes ill or
AS TO PHARMACISTS, incapacitated for labor for more than 30 days but
There is no proper prescription from a physician

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
not more than 90 days as a result of the
physical injuries inflicted
 Medical attendance not necessary
DEFORMITY requisites:
1) Physical ugliness
2) Permanent and definite abnormality
3) Conspicuous and visible
4) There must be no intent to kill, otherwise,
the crime would be frustrated or attempted
murder, parricide, homicide as the case may be
QUALIFYING CIRCUMSTANCES:
1) Offense committed against persons
enumerated in the crime of parricide
2) With the attendance of circumstance which
qualify the crime to murder
 The “qualified penalties” are not
applicable to parents who inflict serious
physical injuries upon their children by
excessive chastisement
 ART. 264- ADMINISTERING
INJURIOUS SUBSTANCES OR
BEVERAGES
ELEMENTS:
1. That the offender inflicted upon another any
serious physical injuries
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
3. That he had no intention to kill (otherwise
frustrated murder)
 ART. 265-LESS SERIOUS PHYSICAL
INJURIES
ELEMENTS:
1. The offended party is incapacitated for labor
for 10 days or more but not more than 30, or
needs attendance for the same period
2. The physical injuries must not be those
described in the preceding articles
QUALIFIED LESS SERIOUS PHYSICAL
INJURIES
1) There is manifest intent to insult or offend
the injured person
2) There are circumstances adding ignominy
3) When the victim is either the offender’s
parents, ascendants, guardians, curators or
teachers; Persons of rank or persons in
authority, provided the crime is not direct assault
 ART. 266-SLIGHT PHYSICAL
INJURIES
KINDS:
1) Physical injuries which incapacitated the
offended party from one to nine days, or
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
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
3) Ill-treatment of another by deed without
causing any injury
 ART. 266-A - THE NEW ANTI-RAPE
LAW (RA8353)
Classification of Rape
1) Traditional - under Art 335
2) Sexual Assault - RA 8353
REPUBLIC ACT 8353
How rape is committed:
1) By a man who shall have carnal knowledge
of a woman under any of the ff. circumstances:
a) Through force, threat or intimidation
b) When the offended party is deprived
of reason or otherwise unconscious
c) By means of fraudulent machination
or grave abuse of authority
d) When the offended party is under 12
years of age or is demented even
though none of the circumstances
mentioned above be present
5) By “any person” (male or female) who, under
any of the circumstances mentioned in par. 1
hereof, shall commit an act of sexual assault by
inserting his penis into another person’s mouth,
or anal orifice or any instrument or object, into
the genital or anal orifice of another person
AGGRAVATING/QUALIFYING
CIRCUMSTANCES : punishable by death
1) When the victim is under 18 years of age 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
2) When the victim is under the custody of the
police or military authorities or any law
enforcement or penal institution
3) 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
4) When the victim is a religious engaged in
legitimate religious vocation or calling and is
personally known to be such by the offender
before or at the time of the commission of the
crime
5) When the victim is a child below 7 years old
6) When the offender knows that he is afflicted 1) Purpose is to extort ransom
with HIV/AIDS or any other sexually 2) If victim is killed, raped or tortured as a
transmissible disease and the virus or disease is consequence
transmitted to the victim
 COMPLEX CRIME OF KIDNAPPING WITH
7) When committed by any member of the AFP MURDER – when victim is killed because of
or para-military units thereof of the PNP or any his refusal to pay the ransom; kidnapping
law enforcement agency or penal institution, being necessary to commit the murder; but
when the offender took advantage of his position where he was taken for the purpose of killing
to facilitate the commission of the crime him and not for detaining him, crime
committed is MURDER
8) When by reason or on the occasion of the
rape, the victim has suffered permanent physical ILLEGAL ARBITRARY
mutilation or disability DETENTION DETENTION
 Committed by a  Committed by a
9) When the offender knew of the pregnancy of private individual who public officer or
the offended party at the time of the commission unlawfully kidnaps, employee who detains
of the crime detains or otherwise a person without legal
deprives a person of ground
10) When the offender knew of the mental liberty
disability, emotional disorder and/ or physical  Crime is against  Crime against the
disability of the offended party at the time of the personal liberty and fundamental law of the
commission of the crime security State
 Death shall also be imposed when homicide
is committed
 ART. 268- SLIGHT ILLEGAL
EFFECT OF PARDON: DETENTION
1) The subsequent valid marriage between the ELEMENTS:
offender and the offended party shall extinguish 1. That the offender is a private individual
criminal liability (only as to the husband) 2. That he kidnaps or detains another, or in
2) The subsequent forgiveness of the wife to any manner deprives him of his liberty
the legal husband 3. That the act of kidnapping or detention is
illegal
4. That the crime is committed without the
 CRIMES AGAINST LIBERTY attendance of any of the circumstances
(ARTS. 267-274) enumerated in 267

LIABILITY MITIGATED WHEN:

 ART. 267-KIDNAPPING AND
1) Offender voluntarily releases the person so
SERIOUS ILLEGAL DETENTION kidnapped or detained within three days from
ELEMENTS: the commencement of the detention,
1. That the offender is a private individual 2) without having attained the purpose
2. That he kidnaps or detains another, or in intended, and
any manner deprives the latter of his liberty 3) before the institution of criminal proceedings
3. That the act of detention or kidnapping must against him
be illegal
4. That in the commission of the offense, any  ART. 269-UNLAWFUL ARREST
of the ff. circumstances is present: ELEMENTS:
a) That the kidnapping or detention 1. That the offender arrests or detains another
lasts for more than 3 days person
b) That it is committed simulating 2. That the purpose of the offender is to deliver
public authority him to the proper authorities
c) That any serious physical injuries 3. That the arrest or detention is not authorized
are inflicted upon the person by law
kidnapped or detained or threats to
kill him are made
ART.125 ART.269
d) That the person kidnapped or
detained is a minor, except when  Detention is for  Detention is not
the accused is any of the parents, a some legal ground authorized by law
female or a public officer
 Crime is committed  Committed by
QUALIFYING CIRCUMSTANCES: DEATH by failing to deliver making an arrest not
PENALTY such person to the authorized by law

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 proper judicial PERSONS IN DANGER AND
authority within a ABANDONMENT OF ONE’S OWN
certain period of time
VICTIM
PUNISHABLE ACTS:
1) Failing to render assistance to any person
whom the offender finds in an uninhabited place,
 ART. 270- KIDNAPPING AND wounded or in danger of dying, when he can
FAILURE TO RETURN A MINOR render such assistance without detriment to
ELEMENTS: himself, unless such omission shall constitute a
1. That the offender is entrusted with the more serious offense
custody of a minor person (over or under 7
but less than 21) 2) Failing to help/ render assistance to another
2. That he deliberately fails to restore the said whom the offender has accidentally wounded or
minor to his parents or guardian injured

 When committed by either parent, penalty is
only arresto mayor.
 ART. 271- INDUCING A MINOR TO
ABANDON HIS HOME
 Inducement must be (1) actual, and (2)
committed with criminal intent
 Father or mother may commit crimes under
Arts. 270 & 271 – where they are living
separately and the custody of the minor
child has been given to one of them
 ART. 272-SLAVERY
ELEMENTS:
1. That the offender purchases, sells, kidnaps,
or detains a human being
2. That the purpose of the offender is to
enslave such human being
 ART. 273-EXPLOITATION OF CHILD
LABOR
ELEMENTS:
1. The offender retains a minor in his service
2. That it is against the will of the minor
3. That it is under the pretext of reimbursing
himself of a debt incurred by an ascendant,
guardian or person entrusted with the
custody of such minor
 ART. 274- SERVICES RENDERED
UNDER COMPULSION IN PAYMENT OF
DEBT
ELEMENTS:
1. That the offender compels a debtor to work
for him, either as household servant or farm
laborer
2. That it is against the debtor’s will
3. That the purpose is to require or enforce the
payment of a debt
 CRIMES AGAINST SECURITY
(ARTS. 275-292)
 ART. 275-ABANDONMENT OF
3) Failing to deliver a child, under seven yrs.
whom the offender has found abandoned, to the
authorities or to his family, or by failing to take
him to a safe place
 ART. 276-ABANDONING A MINOR
ELEMENTS:
1. That the offender has the custody of a child
2. That the child is under seven yrs.
3. That he abandons such child
4. That he has no intent to kill the child when
the latter is abandoned
 ART. 277-ABANDONMENT OF
MINOR BY PERSON ENTRUSTED WITH
HIS CUSTODY; INDIFFERENCE OF
PARENTS
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:
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
4. Failure to give education must be due to
deliberate desire to evade such obligation
 ART. 278-EXPLOITATION OF
MINORS
Prohibited Acts:
1) Causing any boy or girl under 16 to perform
any dangerous feat of balancing, physical
strength, or contortion, the offender being any
person

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
  Prohibition to enter is  Prohibition to enter
2) Employing children under 16 who are not express or implied must be manifest
children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker,
diver, or wild animal tamer, the offender being  ART. 282-GRAVE THREATS
an acrobat, etc, or circus mgr. or engaged in a Prohibited Acts:
similar calling Threatening another with the infliction upon his
person, honor, or property or that of his family
3) Employing any descendant under 12 years any wrong amounting to a crime:
of age in dangerous exhibitions enumerated in a) Demanding money or imposing a
the next preceding par., the offender being condition
engaged in any of the said callings b) Without any such demand or condition
Qualifying Circumstance:
4) Delivering a child under 16 gratuitously to If threat was made in writing or through
any person ff. any callings enumerated, or to a middleman
any habitual vagrant or beggar, the offender
being an ascendant, guardian, teacher, or
 ART. 283- LIGHT THREATS
person entrusted in any capacity with the care of
such child ELEMENTS:
1. That the offender makes threat to commit a
5) Inducing any child under 16 to abandon the wrong
home of its ascendants, guardians, curators or 2. That the wrong does not constitute a crime
teachers to follow any person engaged in any 3. That there is a demand for money or that
callings mentioned or to accompany any other condition is imposed, even though not
habitual vagrant or beggar, the offender being unlawful
any person
 Blackmailing may be punished under Art.
Note: RA 7610 punishes abuse, exploitation and 283
discrimination of minors
 ART. 284- BOND FOR GOOD
 ART. 280-QUALIFIED TRESPASS TO BEHAVIOR
DWELLING
ELEMENTS:  ART. 285-OTHER LIGHT THREATS
1. That the offender is a private person Prohibited Acts:
2. That he enters the dwelling of another 1) Threatening another with a weapon, or by
3. That such entrance is against the latter’s will drawing such weapon in a quarrel, unless it be
in lawful self-defense
 Qualified if committed by means of 2) Orally threatening another, in the heat of
violence/intimidation anger, with some harm constituting a crime,
without persisting in the idea involved in his
 ART. 281-OTHER FORMS OF threat
3) Orally threatening to do another any harm
TRESPASS
not constituting a felony
ART.280 ART. 281
 ART. 286-GRAVE COERCION
 Offender is a private  The offender is any
ELEMENTS:
person person
1. That a person prevented another from doing
something not prohibited by law, or
 Offender enters a  Offender enters by compelling him to do something against
dwelling house closed premises or his will, be it right or wrong
fenced estate 2. That the prevention or compulsion be
effected by violence, either by material force
or such display of force as would produce
 Place entered is  Place entered is intimidation and control the will of the
inhabited uninhabited offended party
 Act constituting the  It is the entering the 3. That the person that restrained the will and
crime is entering the closed premises or the liberty of another had no authority
dwelling against the fenced estate without
will of the owner; securing the  ART. 287- LIGHT COERCION
permission of the ELEMENTS:
owner or caretaker 1. That the offender must be a creditor
thereof 2. That he seizes anything belonging to his

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 debtor  Damage not necessary
3. That the seizure of the thing be
accomplished by means of violence or a  ART. 292-REVELATION OF
display of material force producing INDUSTRIAL SECRETS
intimidation
4. That the purpose of the offender is to apply
ELEMENTS:
the same to the payment of the debt
1. That the offender is a person in charge,
employee or workman of a manufacturing or
UNJUST VEXATION includes any human
industrial establishment
conduct which, although not productive of some
2. That the manufacturing/industrial
physical or material harm would, however,
establishment has a secret of the industry
unjustly annoy or vex an innocent person.
which the offender has learned
3. That the offender reveals such secrets
 ART. 288- OTHER SIMILAR 4. That prejudice is caused to the owner
COERCIONS (COMPULSORY
PURCHASE OF MERCHANDISE &
PAYMENT OF WAGES BY MEANS OF CRIMES AGAINST PROPERTY
(ARTS. 293-331)
TOKENS)
 ART. 293-ROBBERY
Prohibited Acts:
1) Forcing or compelling, directly or indirectly,
CLASSIFICATION OF ROBBERY
or knowingly permitting the forcing or compelling
1. Robbery with violence against, or
of the laborer or employee of the offender to
intimidation of persons (294,297,298)
purchase merchandise or commodities of any
2. Robbery by use of force upon things (299&
kind from him
302)
2) Paying the wages due his laborer or
employee by means of tokens or objects other
ELEMENTS OF ROBBERY IN GENERAL:
than the legal tender currency of the Phil.,
1. That there be personal property belonging to
unless expressly requested by such laborer or
another;
employee
2. That there is unlawful taking of that property
3. That the taking must be with intent to gain
 ART. 289-FORMATION, 4. That there is violence against or intimidation
MAINTENANCE, & PROHIBITION OF of any person/ or force used upon things
COMBINATION OF CAPITAL OR LABOR
THROUGH VIOLENCE OR THREATS  Violence or intimidation must be present
before the taking of personal property is
Pls see Labor Code Arts. 263, 264, 272 and 288 complete

 REPUBLIC ACT 6539 applies when the

 ART. 290- DISCOVERING SECRETS
property taken in robbery is a motor vehicle
THROUGH SEIZURE OF (CARNAPPING)
CORRESPONDENCE
ELEMENTS: CLASS I
1. That the offender is a private individual or  ART. 294- ROBBERY WITH
even a public officer not in the exercise of
VIOLENCE AGAINST OR INTIMIDATION
his official function
2. That he seizes the papers or letters of OF PERSONS
another
3. That the purpose is to discover the secrets  This article punishes robbery with either
of such other person homicide, rape, mutilation, arson, serious
4. That offender is informed of the contents of physical injuries or with clearly unnecessary
the papers or letters seized violence. These offenses are known as
SPECIAL COMPLEX CRIMES.
 ART. 291-REVEALING SECRETS
ROBBERY BRIBERY
WITH ABUSE OF OFFICE
ELEMENTS:  The victim is  He parts with his
1. That the offender is a manager, employee or deprived of his money, money in a sense
servant property by force or voluntarily
2. That he learns the secrets of his principal or intimidation
master in such capacity
3. That he reveals such secrets  ART. 295- ROBBERY WITH
PHYSICAL INJURIES, COMMITTED IN

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 AN UNINHABITED PLACE AND BY A
BAND OR WITH THE USE OF FIREARM
ON A STREET, ROAD OR ALLEY
Qualified Robbery with Force or Intimidation
of Persons:
Nos. 3,4,5 of Article 294: if committed-
1) In an uninhabited place; or
2) By a band; or
3) By attacking a moving train, street car,
motor vehicle, or airship; or
4) By entering the passengers’ compartments
in a train, or in any manner taking the
passengers by surprise in the respective
conveyances; or
5) On a street, road, highway, or alley, and the
intimidation is made with the use of firearms, the
offender shall be punished by the maximum
periods of the proper penalties prescribed in
294.
 ART. 296- DEFINITION OF A BAND
AND PENALTY INCURRED BY THE
MEMBERS THEREOF
OUTLINE
1) When at least four armed malefactors take
part in the commission of a robbery, it is deemed
committed by a band.
2) When any of the arms used in the
commission of robbery is not licensed, the
penalty upon all the malefactors shall be the
maximum of the corresponding penalty provided
by law without prejudice to the criminal liability
for illegal possession of such firearms.
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 of the assaults
committed by the band, unless it be shown that
he attempted to prevent the same.
 ART. 297-ATTEMPTED AND
FRUSTRATED ROBBERY COMMITTED
UNDER CERTAIN CIRCUMSTANCES
 SPECIAL COMPLEX CRIME: When
robbery is attempted or frustrated but
homicide is attendant
 ART. 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
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
CLASS II
ROBBERY BY THE USE OF FORCE UPON
THINGS
 ART. 299- ROBBERY IN AN
INHABITED HOUSE/ PUBLIC BUILDING
OR EDIFICE 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 name or
pretending the exercise of public
authority
 The whole body of the culprit must be inside
the building to constitute entering
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.
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 or forced open
outside the place of the robbery
 If the locked or sealed receptacle is not
forced open, crime is estafa or theft.
 ART. 300- ROBBERY IN AN
UNINHABITED PLACE AND BY A BAND
 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.
 ART. 302 - ROBBERY IN AN
UNINHABITED PLACE OR IN A
PRIVATE BUILDING
 Same manner of commission as Article 299
 ART. 304- POSSESSION OF
 PICKLOCKS OR SIMILAR TOOLS 2. That said property belongs to another
ELEMENTS: 3. That the taking be done with intent to gain
1. That the offender has in his possession 4. That the taking be done without the consent
picklocks or similar tools of the owner
2. That such picklocks or similar tools are 5. That the taking be accomplished without the
specially adopted to the commission of use of violence against or intimidation of
robbery persons or force upon things
3. That the offender does not have lawful
cause for such possession  What distinguishes THEFT from ROBBERY
is that in theft the offender does not use
 ART. 305 FALSE KEYS violence or intimidation or does not enter a
house or building through any of the means
INCLUSIONS:
specified in Art. 299 or Art. 302 in taking
1. Tools not mentioned in the next preceding
personal property of another with intent to
article
gain
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  ART. 310-QUALIFIED THEFT
the offender There is qualified theft in the ff. instances:
1) If theft is committed by a domestic servant
 PRESIDENTIAL DECREE 532 – modified
Art 306 & 307 2) If committed with grave abuse of confidence
 ART. 306 BRIGANDAGE
3) If the property stolen is a motor vehicle, mail
ELEMENTS:
matter, or large cattle
1. There be at least four armed persons.
2. They formed a band of robbers.
4) If the property stolen consists of coconuts
3. The purpose is any of the following:
taken from the premises of plantation
a) To commit robbery in a highway; or
b) To kidnap persons for the purpose of
5) If the property stolen is fish taken from a
extortion or to obtain ransom; or
fishpond or fishery
c) To attain by means of force or
violence any other purpose
6) If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any
Any person who aids or abets the
other calamity, vehicular accident or civil
commission of highway robbery or brigandage
disturbance
shall be considered accomplices.
a) by giving information about the
movement of police or other peace PRESIDENTIAL DECREE 533 – ANTI-
officers of the government CATTLE RUSTLING LAW OF 1974
b) acquires or receives property taken CATTLE RUSTLING – the taking away by any
from such brigands means, method or scheme, without the consent
c) in any manner derives any benefit of the owner/raiser, of any of the animals
therefrom (classified as large cattle) whether or not for
d) directly/indirectly abets the profit or gain, or whether committed with or
commission of highway robbery without violence against or intimidation of any
person or force upon things. It includes the
BRIGANDAGE ROBBERY IN BAND killing of large cattle, or taking its meat or hide
1. Purpose: commit 1. Purpose: commit without the consent of the owner /raiser.
robbery in highway; or robbery, not
to kidnap person for necessarily in Note: Cattle rustling is mala in se since PD 533
ransom; or any other highways is an amendment to Arts. 308, 309 and 310 of
purpose attained by the RPC (TAER vs. CA)
force and violence
2. Agreement is to 2. Agreement to ANTI-FENCING LAW
commit several commit a particular (PD #1612)
robberies robbery
 Section 2. Definition of Terms.
3. Mere formation is 3. Actual commission
punished of robbery necessary Fencing - the act of any person who, w/ intent to
gain for himself or for another, shall buy,
 ART. 308-WHO ARE LIABLE FOR receive, possess, keep, acquire, conceal, sell, or
THEFT dispose of, or shall buy and sell, or in any other
ELEMENTS: manner deal any article, item, object or anything
1. That there be taking of personal property of value w/c he knows, or should be known to

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
him, to have been derived from the proceeds of INSOLVENCY
the crime of robbery or theft. ELEMENTS:
1. That the offender is a debtor
 Section 5. Presumption of Fencing. 2. That he absconds with his property
3. That there be prejudice to his creditors
Mere possession of any good, article, item,  ART. 315-SWINDLING/ESTAFA
object, or anything of value w/c has been the
ELEMENTS in general
subject of robbery or thievery shall be prima
1. That the accused defrauded another by
facie evidence of fencing.
abuse of confidence, or by means of deceit
2. That damage or prejudice capable of
 Section 6. Clearance/Permit to Sell Used/
pecuniary estimation is caused to the
Second Hand Articles.
offended party or third persons
 All stores, establishments or entities dealing
ESTAFA WITH UNFAITHFULNESS OR
in the buy and sell of any good, article, item,
ABUSE OF CONFIDENCE
object or anything of value shall before
offering the same for sale to the public,
ELEMENTS OF 315, NO.1 (A):
secure the necessary clearance or permit
1. That the offender has an onerous obligation
from the station commander of the
to deliver something of value
Integrated National Police in the town or city
2. That he alters its substance, quantity or
where such store, establishment or entity is
quality
located.
3. That damage or prejudice is caused to
another
 Any person who fails to secure the required
clearance/permit shall also be punished as a
ELEMENTS OF 315, NO.1 (B)
fence.
1. That money, goods, or other personal
property be received by the offender in trust,
or on commission, or for administration, or
CRIMES CALLED USURPATION
under any other obligation involving the duty
(ARTS. 312 & 313)
to make delivery of, or to return, the same
 ART. 312- OCCUPATION OF REAL 2. That there be misappropriation or
PROPERTY OR USURPATION OF REAL conversion of such money or property by the
RIGHTS IN PROPERTY offender, or denial on his part of such receipt
ELEMENTS: 3. That such misappropriation or conversion or
1. That the offender takes possession of any denial is to the prejudice of another
real property or usurps any real rights in 4. That there is demand made by the offended
property party to the offender
2. That the real property or real rights belong to
another THEFT ESTAFA
3. That violence against or intimidation of · if he had acquired · if in receiving the
persons is used by the offender in occupying only the material or thing from the
real property or usurping real property or physical possession of offended party, the
usurping real rights in property the thing offender acquired also
4. That there is intent to gain the juridical
possession of the thing
THEFT/ROBBERY ART.312 and he later
 Personal property is  Real property or real misappropriated it
taken right involved
ESTAFA MALVERSATION
 The funds or  Usually public funds
 ART.313 - ALTERING BOUNDARIES property are private or property
OR LANDMARKS  Offender is a private  Offender who is
ELEMENTS: individual or even a usually a public officer
1. That there be boundaries marks or public officer who is is accountable for
monuments of towns, provinces, or estates, not accountable for public funds or
or any other marks intended to designate public funds or property
the boundaries of the same property
2. That the offender alters said boundary  Crime is committed  Crime is committed
marks by misappropriating, by appropriating,
converting or denying taking or
 ART. 314- FRAUDULENT having received misappropriating or
money, goods, or consenting, or through

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 other personal abandonment or
property negligence, permitting
any other person to
take the public funds
or property
ELEMENTS OF 315, NO.1 (C)
1. That the paper with the signature of the
offended party be in blank
2. That the offended party should have
delivered it to the offender
3. That above the signature of the offended
party a document is written by the offender
without authority to do so
4. That the document so written creates a
liability of, or causes damage to the
offended party or any third person
ESTAFA BY MEANS OF DECEIT (Art. 315,
nos. 2 and 3)
ELEMENTS OF 315, NO.2:
1. That there must be false pretense,
fraudulent act or fraudulent means
2. That such false pretense, fraudulent act or
fraudulent means must be made or
executed prior to or simultaneously with the
commission of fraud
3. That the offended party must have relied on
the false pretense, fraudulent act, or
fraudulent means, that is, he was induced to
part with is money or property because of
the false pretense, fraudulent act, or
fraudulent means
4. That as a result thereof, the offended party
suffered damage
315 NO.2 (A)
1) By using a fictitious name
2) By falsely pretending to possess power,
influence, qualifications, property, credit,
agency, business or imaginary transactions
3) By means of other similar deceits
315 No.2 (B)
By altering the quality, fineness or
weight of anything pertaining to his business
315 No.2 (C)
By pretending to have bribed any
Government employee
ELEMENTS OF 315 No. 2 (D)
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
 BATAS PAMBANSA 22
Bouncing Checks Law
Section 1. Checks Without Sufficient Funds
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
2 Offenses punished in 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 draws a 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 in 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 the
insufficiency of funds 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
check if presented within a period of 90 days
from the date appearing thereon.
Elements:
a. That a person has sufficient funds with
the drawee bank when he makes or
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 the date of appearing
thereon.
c. That the check is dishonored.
VACA CASE:
Imposed only the fine and not imprisonment.
However, in case of insolvency then subsidiary
imprisonment is applied.
It does not, however, altogether remove
from the trial court the discretion to impose the
penalty of imprisonment when the
circumstances so warrant.
 Prosecution under BP 22 shall be without
prejudice to any liability for any violation in
the RPC.
 The fine under BP22 is based on the
amount of the check and is without regard to
the amount of damaged caused.
BP22 RPC
1. endorsers are not 1. endorsers who
liable; acted with deceit
knowing that the check
is worthless will be
criminally liable;
2. malum prohibitum; 2. malum in se;
3. Issuance of check 3. It is the means to
is for value or on obtain the valuable
 account; consideration from the
payee (debt is not pre-
existing).
4. a crime against 4. a crime against
public interest because property;
it affects the entire INFIDELITY IN ESTAFA (Art.315C)
banking system; CUSTODY OF
5. Deceit and 5. False pretenses or DOCUMENT (Art.226)
damage are not deceit and damage or  Offender is a public  The offender is a
elements of the crime; at least intent to cause officer who is officially private individual who
The gravamen of the damage are essential entrusted with the is not officially
offense is the issuance and the false document entrusted with the
of the check pretenses must be documents
prior to or
simultaneous with the
damage caused.  ART. 316- OTHER FORMS OF
6. The drawer is 6. given 3 days after SWINDLING
given 5 days after receiving notice of
PERSONS LIABLE:
receiving notice of dishonor;
1) Any person who, pretending to be the owner
dishonor within which
of any real property, shall convey, sell,
to pay or make
encumber or mortgage the same
arrangements for
payment;
2) Any person who, knowing that real property
7. that there are no 7. that there are no is encumbered, shall dispose of the same,
funds or there are funds or no sufficient although such encumbrance be not recorded
insufficient funds at the funds at the time of
time of issuance issuance or at the time 3) The owner of any personal property who
of presentment if made shall wrongfully take it from its lawful possessor,
within 90 days to the prejudice of the latter or any third person
3 WAYS TO COMMIT 315, NO. 2(E) 4) Any person who, to the prejudice of another,
1) By obtaining food, refreshment or shall execute any fictitious contract
accommodation at hotel, inn, restaurant,
boarding house, lodging house or apartment 5) Any person who shall accept any
house without paying therefor, with intent to compensation given under the belief that it was
defraud the proprietor or manager thereof in payment of services rendered or labor
2) By obtaining credit at any of the said performed by him, when in fact he did not
establishments by the use of any false pretense actually perform such services or labor
3) By abandoning or surreptitiously removing
any part of his baggage from any of the said 6) Any person who, while being a surety in a
establishment after obtaining credit, food, bond given in a criminal or civil action, without
refreshment or accommodation therein, without express authority from the court or before the
paying cancellation of his bond or before being relieved
from the obligation contracted by him, shall sell,
ELEMENTS OF 315 NO. 3 (A) mortgage, or, in any other manner, encumber
1. That the offender induced the offended party the real property or properties with which he
to sign a document guaranteed the fulfillment of such obligation
2. The deceit be employed to make him sign
the document
 ART. 317-SWINDLING A MINOR
3. That the offended party personally signed
ELEMENTS:
the document
1. That the offender takes advantage of the
4. That prejudice be caused
inexperience or emotions or feelings of a
minor
315 No. 3 (B) - resorting to some fraudulent
2. That he induces such minor to assume an
practice to insure success in a gambling game
obligation, or to give release, or to execute a
transfer of any property right
ELEMENTS OF 315 NO. 3 (C)
3. That the consideration is some loan of
1. That there be court record, office files,
money, credit, or other personal property
documents or any other papers
4. That the transaction is to the detriment of
2. That the offender removed, concealed or
such minor
destroyed any of them
3. That the offender had intent to defraud
another

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
  ART. 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,
by telling fortunes, by taking advantage of the
credulity of the public in any other similar
manner, for profit or gain
 ART 319- REMOVAL, SALE OR
PLEDGE OF MORTGAGED PROPERTY
ELEMENTS: (par 1)
1. personal property mortgaged under Chattel
Mortgage Law
2. Offender knows such mortgage
3. He removes personal property to any
province or city other than the one in which it
was located at the time of the execution of
the mortgage
4. Removal is permanent
5. No written consent of mortgagee, executors,
administrators or assigns to such removal
ELEMENTS: (par 2)
1. Personal property pledged under CML
2. Offender, who is the mortgagor, sells or
pledges the same property or any part
thereof
3. No consent of mortgagee written at the back
of mortgage and noted on the record thereof
in the Office of the Register of Deeds
 Damage to the mortgagee not essential
 ART. 320-326-b REPEALED BY PD 1613
 PD 1613 – AMENDING THE LAW ON
ARSON
ARSON – when any person burns or sets fire to
the property of another; or to his own property
under circumstances which expose to danger
the life or property of another
DESTRUCTIVE ARSON
1) Any ammunition factory and other
establishment where explosives, inflammable or
combustible materials are stored
2) Any archive, museum, whether public or
private, or any edifice devoted to culture,
education or social services.
3) Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation of
persons or property
4) Any church or place of worship or other
building where people usually assemble
5) Any building where evidence is kept for use
in any legislative, judicial, administrative or other
official proceeding
6) Any hospital, hotel, dormitory, lodging
house, housing tenement, shopping center,
public or private market, theater or movie house
or any similar place or building
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
7) Any building, whether used as a dwelling or
not, situated in a populated or congested area
OTHER CASES OF ARSON
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
 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.
 ART. 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
 ART. 328 SPECIAL CASES OF
MALICIOUS MISCHIEF (QUALIFIED)
1) Causing damage to or obstructing 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
 offenders
 ART. 329 – OTHER MISCHIEFS
 Abandonment of the wife by the husband
Mischief not included in the next without justification is only a mitigating
preceding article circumstance
 ART. 330 – DAMAGE AND  ART. 334 – CONCUBINAGE
OBSTRUCTION TO MEANS OF ELEMENTS:
1. That the man must be married
COMMUNICATION 2. That he committed any of the ff. acts:
PERSONS LIABLE: a. keeping a mistress in the conjugal
Any person who shall damage any dwelling.
railway, telegraph or telephone lines b. having sexual intercourse under
scandalous circumstances with a
 The offense is qualified if the damage shall woman who is not his wife
result in the derailment of cars, collision or c. cohabiting with her in any other place
other accident. 3. As regards to the woman, she must know
him to be married
ART 331- DESTROYING OR
DAMAGING STATUES, PUBLIC  ART. 336- ACTS OF
MONUMENTS OR PAINTINGS LASCIVIOUSNESS
ELEMENTS:
 ART. 332 – PERSONS EXEMPT 1. That the offender commits any act of
FROM CRIMINAL LIABILITY lasciviousness or lewdness
CRIMES INVOLVED: 2. That it is done under any of the ff.
1) Theft circumstances
2) Swindling a. By using force or intimidation
3) Malicious mischief b. When the offended party is deprived of
reason or otherwise unconscious
PERSONS EXEMPTED:
1) Spouses, ascendants and descendants, or  ART. 337- QUALIFIED SEDUCTION
relatives by affinity on the same line Two classes
2) The widowed spouse with respect to the 1) Seduction of a virgin over 12 years and
property which belonged to the deceased under 18 years of age by persons who abuse
spouse before the same shall have passed to their authority or the confidence reposed
the possession of another 2) Seduction of a sister by her brother or
3) Brothers and sisters and brothers in law and descendant by her ascendant, regardless of her
sisters in law, if living together age and reputation

 Stepfather, adopted father, natural children, VIRGINITY - does not mean physical virginity.
concubine, paramour included The RPC does not exclude the idea of abduction
of a virtuous woman of good reputation.
 Also applies to common-law spouses
 ART. 338 – SIMPLE SEDUCTION
CRIMES AGAINST CHASTITY ELEMENTS:
(ARTS 333-343) 1. That the offended party is over 12 and under
 ART. 333 – ADULTERY 18 years of age
ELEMENTS: 2. That she must be of good reputation, single
1. That the woman is married or widow
2. That she has sexual intercourse with a man 3. That the offender has sexual intercourse
not her husband with her
3. That as regards to the man with whom she 4. That it is committed by means of deceit
has sexual intercourse, he must know her to
be married  ART. 339 – ACTS OF
LASCIVIOUSNESS WITH THE CONSENT
 The acquittal of one of the defendants does OF THE OFFENDED PARTY
not operate as a cause for acquittal of the ELEMENTS:
other 1. That the offender commits acts of
lasciviousness or lewdness
 The pardon must come before the institution 2. That the acts are committed upon a woman
of the criminal prosecution who is a virgin or a widow of good
reputation, under 18 years of age but over
 The offended party must pardon both the

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 12 years, or a sister or descendant descendant
regardless of her reputation or age 3) Forcible Abduction
3. That the offender accomplishes the acts by
abuse of authority, confidence, relationship
or deceit
 ART. 340 – CORRUPTION OF  ART. 344 – PROSECUTION OF THE
MINORS (AS AMENDED BY BP 92) CRIMES OF ADULTERY,
CONCUBINAGE, SEDUCTION,
 To promote or facilitate the prostitution or ABDUCTION, RAPE AND ACTS OF
corruption of persons under age to satisfy
the lust of another LASCIVIOUSNESS
1) Adultery and concubinage must be
RA 7610 - Child Prostitution and Attempt to prosecuted upon the complaint signed by the
Commit Child Prostitution are punished under offended spouse
this Act. 2) Seduction, abduction and acts of
lasciviousness must be prosecuted upon the
complaint signed by
 ART. 341- WHITE SLAVE TRADE
a. Offended party
PROHIBITED ACTS:
b. Her parents
1) Engaging in the business of prostitution
c. Grandparents
2) Profiting by prostitution
d. Guardians
3) Enlisting the services of women for the
in the order named above.
purpose of prostitution
 Pardon to adultery and concubinage may be
 ART. 342- FORCIBLE ABDUCTION express or implied; whereas express pardon
ELEMENTS: of the offender is required to bar prosecution
1. That the person abducted is a woman for seduction, abduction, abduction, or acts
2. That the abduction is against her will of lasciviousness
3. That the abduction is with lewd design
 Condonation is not pardon in concubinage
FORCIBLE GRAVE COERCION/ or adultery – any subsequent act of the
ABDUCTION KIDNAPPING offender showing that there was no
 With lewd design  No lewd design repentance will not bar the prosecution of
the offense

 Conviction of acts of lasciviousness, not a
bar to conviction of forcible abduction
 Attempted Rape is absorbed by Forcible
Abduction as the former constitutes the
element of lewd design
 ART. 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
cajolery from the offender
4. That the taking away of the offended party
must be with lewd designs
 If girl is under 12 – ALWAYS FORCIBLE
ABDUCTION
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 or
descendant
2) Qualified Seduction of sister or
 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 benefits the co-principals, accomplices
and accessories EXCEPT in rape because it
is already a crime against person; marriage
obliterates criminal liability as to the
husband only
 ART. 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 woman
2) To acknowledge the offspring, unless the
law should prevent him from doing so
3) In every case to support the offspring
 ART. 347 – SIMULATION OF
BIRTHS, SUBSTITUTION OF ONE
CHILD FOR ANOTHER, CONCEALMENT

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
 OR ABANDONMENT OF A LEGITIMATE
CHILD
Object of the crime under ART. 347 is
the creation of false or the causing of the loss of
civil status
 ART. 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
ILLEGAL MARRIAGES
(ARTS 349-351)
 ART. 349 – BIGAMY
ELEMENTS:
1. That the offender 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
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 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.
 ART. 350 – MARRIAGE
CONTRACTED AGAINST PROVISIONS
OF LAWS
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
c. 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
 ART. 351- PREMATURE MARRIAGES
PERSONS LIABLE:
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
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
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
 ART. 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
CRIMES AGAINST HONOR
(ARTS 355-364)
 ART. 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.
2 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 from
defamatory imputation; 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.
 ART. 354 REQUIREMENT FOR
PUBLICITY
MALICE IN LAW – Every defamatory
imputation is presumed to be malicious, even if it
be true, if no good intention or justifiable motive
is shown.
The PRESUMPTION is rebutted if it is shown
by the accused that –
a. The defamatory imputation, is true, in
case the law allows proof of the truth of
the imputation. (see Art. 361)
b. It is published with good intention.
c. There is justifiable motive for making it.
MALICE is not presumed in the following
cases:
1) Private communication made by any person
to another in the performance of any legal, moral
or social duty.
2) A fair and true report of any judicial,
legislative, or other proceedings which are not of
confidential nature;
3) 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
 R.A. 4200-THE ANTI-WIRE TAPPING
ACT.
REPUBLIC ACT NO.4200
Section 1. 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
3. to secretly overhear, intercept or record
such communication by using a device
known as dictaphone/ dictagraph/
detectaphone/ walkie-talkie/ tape-recorder
4. to knowingly possess any tape/wire or disc
record or copies of any communication or
spoken word
5. to replay the same for any person or
persons
6. to communicate the contents thereof,
verbally or in writing
7. 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.
 ART. 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 exhibitions 10) similar means
 ART. 356 THREATENING TO
PUBLISH AND OFFER TO PREVENT
SUCH PUBLICATION FOR A
COMPENSATION
Prohibited acts:
1) Threatening another to publish a libel
concerning him, or his parents, spouse, child or
other members of the family
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di
2) Offering to prevent the publication of such
libel for compensation or money consideration
FELONIES WHERE BLACKMAIL IS
POSSIBLE:
1) Light threats (283)
2) Threatening to publish, offering to prevent
the publication of a libel for compensation (356)
 ART. 357 – PROHIBITED
PUBLICATION OF ACTS REFERRED TO
IN THE COURSE OF OFFICIAL
PROCEEDINGS
ELEMENTS:
1. 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
 Prohibition applies even if the facts are
involved in official proceedings.
 Source of news report may not be revealed
unless the court or a House or Committee
of Congress finds that such revelation is
demanded by the security of the State
 ART. 358 – SLANDER (oral
defamation)
KINDS:
1) Simple slander
2) Grave slander, when it is of a serious and
insulting nature
 ART. 359 SLANDER BY DEED
ELEMENTS:
1. That the offender performs any act not
included in any other crime against honor
2. That such act is performed in the presence
of other persons
3. That such act cast dishonor, discredit, or
contempt upon the offended party
Common element of Slander by deed and
Unjust 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.
 ART 360 PERSONS RESPONSIBLE
FOR LIBEL
1) Any person who shall publish, exhibit or
cause the publication or exhibition of any
defamation in writing or by similar means
2) The author, editor of the book or pamphlet
3) Editor, Business manager of newspaper or
magazine, responsible to the same extent
as if he were the author
4) Owner of the printing plant which publishes
the libelous article and all other persons who ELEMENTS (RECKLESS IMPRUDENCE):
in any way participate 1. That the offender does or fails to do an act.
2. That the doing of or the failure to do that act
 ART. 361 PROOF OF TRUTH is voluntary.
WHEN PROOF OF THE TRUTH IS 3. That it be without malice.
ADMISSIBLE IN A CHARGE FOR LIBEL: 4. That material damage results.
1. When the act or omission imputed 5. That there is inexcusable lack of precaution
constitutes a crime regardless of whether the on the part of the person performing or
offended party is a private individual or a failing to perform such act taking into
public officer. consideration - - -
2. When the offended party is a Government a) Employment or occupation.
employee, even if the imputation does not b) Degree of intelligence, physical
constitute a crime, provided it is related to the condition.
discharge of his official duties. c) And other circumstances regarding
persons, time and place.
Defense in defamation:
1. It appears that the matters charged as ELEMENTS (SIMPLE IMPRUDENCE):
libelous is true 1) That there is lack of precaution on the
2. It was published with good motives part of the offender.
3. And for a justifiable end 2) That the damage impending to be
caused is not immediate nor the danger
 ART. 363 – INCRIMINATING clearly manifest.
INNOCENT PERSONS  Art 64 relative to mitigating and aggravating
ELEMENTS: circumstances not applicable to crimes
1. That the offender performs an act committed through negligence
2. That by such act he directly incriminates or
imputes to an innocent person the THE PENALTIES PROVIDED FOR IN
commission of a crime ARTICLE 365 ARE NOT APPLICABLE WHEN:
3. That such act does not constitute perjury a) the penalty provided for the offense is equal
to or lower than those provided in the first
INCRIMINATING PERJURY BY two paragraphs of Art 365
INNOCENT MAKING FALSE b) by imprudence or negligence, and with
PERSONS ACCUSATIONS violation of the Automobile Law, the death of
 Limited to the act of  Giving of false a person shall be caused
planting evidence and statement under oath
the like in order to or making a false
incriminate an affidavit, imputing to QUALIFYING CIRCUMSTANCE:
innocent person the person the When the offender fails to lend help to
commission of a crime the injured parties

INCRIMINATING DEFAMATION
INNOCENT
PERSONS
- END OF BOOK TWO-
 Offender does not  Imputation is public
avail himself of written and malicious
or spoken words in calculated to cause
besmirching the dishonor, discredit, or
victim’s reputation contempt upon the
offended party

 ART. 364 INTRIGUING AGAINST

HONOR
Committed by any person who shall
make any intrigue which has for its principal
purpose to blemish the honor or reputation of
another.
 ART. 365 – IMPRUDENCE AND
NEGLIGENCE

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Di