CRIMES AGAINST PERSONS
1. A person was killed
PARRICIDE -- ADD
1. A person is killed
2. Deceased is killed by the accused
3. Deceased is the father, mother, or child, whether legitimate
or illegitimate, or a legitimate other ascendant or other
descendant, or the legitimate spouse of the accused
FMC LOL
DEATH OR PHYSICAL INJURIES INFLICTED UNDER
EXCEPTIONAL CIRCUMSTANCES -- AHN
1. A legally married person or a parent surprises his spouse or
his daughter, the latter under 18 years old and living with
him, in the act of committing sexual intercourse with another
person
2. That he or she kills any or both of them or inflicts upon any
or both of them any serious physical injury in the act or
immediately thereafter
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.
MURDER -- PAKK
1. A person was killed
2. The accused killed him
3. Killing was attended by any of the qualifying circumstances
mentioned in Art. 248
4. Killing is not parricide or infanticide
*QUALIFYING CIRCUMSTANCES
1. Treachery – swift, deliberate and unexpected
manner, granting the victim no chance to escape;
means manner and method of execution
ensures it execution and such were deliberately
adopted
Taking advantage of superior strength
Aid or armed men OR
Employing means to weaken the defense or
persons to insure or afford impunity
2. In consideration of price, reward or promise
3. By means of inundation or fire, poison, explosion,
stranding of a vessel, derailment, or assault upon a
railroad, fall of an airship IFPES DAP
By means of motor vehicles OR
With the use of any other means involving great
waste and ruin
4. On occasion of any of the calamities enumerated in
the preceding paragraph OR
Of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or any other public
calamity EEDEP
5. With evident premeditation
 Requisites: TAS
a. Time when the offender
determined to kill his victim
b. An act of the offender manifestly
indicating that he clung to his
determination to kill the victim
c. sufficient lapse of time (at least 3
hours) between the determination
and the execution of the killing
6. With cruelty, by deliberately and inhumanely
augmenting the suffering of the victim, or outraging
or scoffing at his person or corpse
HOMICIDE -- AWIK
2. Accused killed him without any justifying circumstance
3. Accused had the intention to kill, which is presumed
4. Killing was not attended by any of the qualifying
circumstances of parricide, murder or infanticide
FRUSTRATED HOMICIDE -- AFN
1. Accused intended to kill his victim as manifested by his use
of a deadly weapon in his assault
2. The victim sustained fatal or mortal wound but did not die
due to timely medical assistance
3. None of the qualifying circumstance for murder under Art.
248 is present
INTENT TO KILL -- MNCC
1. Means used by the malefactors
2. Nature, location and number of wounds
3. Conduct of the malefactors before, during or immediately
after the killing of the victim
4. Circumstances under which crime was committed
DEATH CAUSED IN A TUMULTOUS AFFRAY – SDQ SIP
1. There be several persons
2. They did not compose groups organized for the common
purpose of assaulting and attacking each other
reciprocally
3. Those several persons quarreled and assaulted one
another in a confused and tumultuous matter
4. Someone was killed in the course of the affray
5. It cannot be ascertained who killed the deceased
6. That the person or persons who inflicted serious physical
injuries or who use violence can be identified.
PHYSICAL INJURIES INFLICTED IN TA – TPPA
1. There is a tumultuous affray
2. A participant or some participants suffer serious physical
injury or physical injuries of a less serious nature
3. Person responsible can’t be identified
4. All those who appear to have used violence upon the person
of the offended party are known
GIVING ASSISTANCE TO SUICIDE – AL
1. By assisting another to commit suicide, whether it is
consummated or not
2. By lending assistance to another to commit suicide to the
extent of doing the killing himself
DISCHARGE OF FIREARMS -- OH
1. The offender discharges a firearm against or at another
person
2. The offender has no intention to kill that person
INFANTICIDE -- CDA
1. A child was killed
2. That the deceased child was less than 3 days of age
3. Accused killed the said child
INTENTIONAL ABORTION -- PVAA
1. There is a pregnant woman
2. Violence is exerted, or drugs or beverages administered, or
that the accused acts upon such pregnant woman
3. As a result of the use of violence or drugs or beverages upon
her, or any other act of the accused, the fetus dies, either in
the womb or after having been expelled therefrom
4. The abortion is intended
UNINTENTIONAL ABORTION -- PVIA
1. There is a pregnant woman
2. Violence is used upon such pregnant woman without
intending an abortion
3. The violence is intentionally exerted
4. As a result of the violence, the fetus dies, either in the womb
or the after having been expelled therefrom
ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER
PARENTS -- PIC
1. There is a pregnant woman who has suffered an abortion
2. Abortion is intended
3. Abortion is caused by: PAP
- Pregnant woman herself
- Any other person with her consent
- Any of her parents, with her consent for the purpose of
concealing abortion
ABORTION PRACTICED BY A PHYSICIAN, MIDWIFE AND
DISPENSING OF ABORTIVES -- PAOS
1. There is a pregnant woman who has suffered from an
abortion
2. Abortion is intended
3. Offender, who must be a physician or midwife, causes or
assists in causing the abortion
4. Said physician or midwife takes advantage of his/her
scientific knowledge or skill
DUEL – formal or regular combat previously concerted between two
parties in the presence of 2 or more seconds of lawful age on each
side, who make the selection of arms and fix all the conditions of a
fight
1. by killing one’s adversary in duel
2. by inflicting upon such adversary physical injuries
3. by making a combat although no physical injuries have been
inflicted
CHALLENGE TO A DUEL
1. by challenging another to a duel
2. by inciting another to give or accept a challenge to a duel
3. by scoffing at or decrying another publicly for having refused
to accept a challenge to fight a duel
MUTILATION
Par. 1: By intentionally mutilating another by depriving
him, either totally or partially, of some essential organ for
reproduction – INTENTIONAL MUTILATION -- CM
1. There be a castration, that is, mutilation of organs
necessary for generation, such as the penis or
ovarium
2. Mutilation is caused purposely and deliberately,
that is, to deprive the offended party of some
essential organ for reproduction
- Vasectomy: does not constitute mutilation; vas deferens is
cut; not an organ, it is just a range of tissues
Par. 2: By intentionally making other mutilation, that
is, by lopping or clipping off any part of the body of the
offended party, other than the essential organ for
reproduction, to deprive him of that part of his body
1. Part of the body, other than an organ for
reproduction
2. Deliberate purpose of depriving him of that part of
his body
SERIOUS PHYSICAL INJURIES -- ILDI
1) Injured person becomes insane, imbecile, impotent, or blind
2) Injured person loses use of speech or power to hear or smell
or loses an eye, hand, foot, arm or leg, or loses use of any
such member becomes incapacitated for work in which he is
habitually engaged
3) Injured person becomes deformed or loses any other
member of the body or the use therefore, or becomes ill or
incapacitated for the performance of the work in which he
has been habitually engaged for more than 90 days
4) Injured person becomes ill or incapacitated for labor for more
than 30 days
ADMINISTERING INJURIOUS SUBSTANCE OR BEVERAGE
1. Offender inflicted upon another any serious physical injury
2. It was done by knowingly administering to him any injurious
substance or beverages by taking advantage of his
weakness of mind or credulity
3. He had no intent to kill
LESS SERIOUS PHYSICAL INJURIES -- IP
1) The offended party is incapacitated for labor for 10 days or
more, but not more than 30 days, or needs medical
attendance for the same period of time
2) Physical injuries must not be those described in the
preceding articles
SLIGHT PHYSICAL INJURIES AND MALTREATMENT – 1PI
1) Physical injuries which incapacitated the offended party for
labor from 1-9 days, or required medical attendance during
the same required 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
RAPE
Par.1: Rape through sexual intercourse
1. By a man who shall have carnal knowledge of a
woman under any of the ff circumstances: --
FTIDUFGUD
A. Through force, threat, or intimidation
B. When the offended party is deprived of
reason or is otherwise unconscious
C. By means of fraudulent machinations or
grave abuse of authority
D. When the offended party is under 12
years old or is demented even though
none of the circumstances mentioned
above be present
Par. 2: Rape through Sexual Assault -- SSA
1. Offender commits an act of sexual assault
2. The act of sexual assault is committed by any of the
ff means:
A. by inserting his penis into another
person’s mouth or anal orifice
B. by inserting any instrument or object into
the genital or anal orifice of another
person
3. the act of sexual assault is accomplished by any of
the ff circumstances:
FTIDUFGUD
a. Through force, threat, or intimidation
b. When the offended party is deprived of
reason or is otherwise unconscious
c. By means of fraudulent machinations or
grave abuse of authority
d. When the offended party is under 12
years old or is demented even though
none of the circumstances mentioned
above be present
o Insertion of one’s finger into the genital or
anal orifice of another person
DEMENTED: person who has dementia, a
condition of deteriorated mentality,
characterized by marked decline from the
 individual’s former intellectual level and often B. It is committed simulating public authority
by emotional apathy, madness or insanity C. Any serious physical injuries are inflicted upon the
DEPRIVED OF REASON: those suffering person kidnapped or detained or threats to kill him
from mental abnormality, deficiency or are made; OR
retardation D. The person kidnapped or detained is a minor, female
or a public officer
STATUTORY RAPE -- CB
1. The accused had carnal knowledge of a woman If kidnapping is done for the purpose of extorting ransom, any of
2. The woman is below 12 years old the four circumstances is not necessary
- Even if engaged in prostitution, statutory rape pa rin
- Below 12: no discernment; incapable of giving consent RANSOM – money, price or consideration paid or demanded for
B redemption of captured persons
- Rape is consummated by the slightest penetration of the
female organ (touching of the labia or the pudendum of KIDNAPPING WITH MURDER/HOMICIDE
the penis) (Before Dec. 31, 1993)
- Penile invasion 1. The accused kidnapped the victim for the purpose of killing
him = Kidnapping with Murder
MULTIPLE RAPE 2. Accused kidnapped the victim, and slaining him only an
 Each of the defendants is responsible not only for afterthought = Kidnapping and Murder
the rape committed by him, but also for those (After Dec. 31, 1993)
committed by him, but also those committed by - Offenders in either case may now be held liable for a special
others complex crime of kidnapping with murder or homicide
- Where the person kidnapped is killed in the course of the
RAPE COMMITTED BY A WOMAN detention, regardless of whether the killing was purposely
 If she helps a man consummate rape by holding the sought or was merely an afterthought, the kidnapping and
hands of the victim murder or homicide can no longer be complexed under Art.
 Rape committed by a woman together with a man 48, nor be treated as separate crimes, but shall be punished
as a special complex crime under Art. 267
RAPE THROUGH SEXUAL RAPE THROUGH SEXUAL
INTERCOURSE ASSAULT SPECIAL COMPLEX CRIME OF KIDNAPPING WITH RAPE
Offender is always a man may be a man or a woman - Regardless of how many rapes were committed
Offended party is always a May be a man or a woman
woman FORCIBLE ABDUCTION WITH RAPE
Committed through penile By inserting the penis into - Victim was taken with lewd designs
penetration of the vagina another person’s mouth or anal - Forcible abduction was necessary for the first rape
orifice, or any instrument or - Each of the other counts of rape constitutes a distinct and
object into the genital or anal separate counts of rape
orifice of another person
KIDNAPPING AND FAILURE TO RETURN A MINOR
MARITAL RAPE – rape is committed in wedlock and those 1. The offender is entrusted with the custody of the minor
committed without a marriage 2. The offender deliberately fails to restore the said minor to his
parents or guardians
SWEETHEART DEFENSE
1. The accused and the victim were lovers AS DISTINGUISHED FROM ARBITARY DETENTION AND
2. She consented to the alleged sexual relations INDUCING A MINOR TO ABANDON HIS HOME
- Victim is a minor, and the accused is any of his parents =
FORCIBLE ABDUCTION IS ABSORBED IN RAPE Inducing a Minor to Abandon his Home
- Public Officer who detains another without legal ground =
RAPE ITH HOMICIDE Arbitrary Detention
1. The accused had carnal knowledge of a woman
2. Carnal knowledge of a woman was achieved by means of SLIGHT ILLEGAL DETENTION -- PDIW
force, threat or intimidation 1. Offender is a private individual
3. by reason or on occasion of such, the accused killed the 2. He kidnaps or detains another, or in any manner depriving
woman him of his liberty
3. The act of kidnapping or detention is illegal
4. The crime is committed without the attendance of any of the
circumstances mentioned in Art. 267
CRIMES AGAINST PERSONAL LIBERTY UNLAWFUL ARREST -- OPA
1. Offender arrests or detains another person
ESSENCE OF KIDNAPPING AND SID
2. The purpose of the offender is to deliver him to the proper
- actual deprivation of the victim’s liberty coupled with the authorities
intent of the accused to effect 3. The arrest or detention is not authorized by law or there is
no reasonable ground therefore
KIDNAPPING AND SERIOUS ILLEGAL DETENTION -- PKIC
1. Offender is a private individual ARBITRARY DETENTION -- PDW
2. That he kidnaps or detains another, or in any other manner 1. Offender is a public officer
that deprives the latter of his liberty 2. he detains a person
3. The act of detention or kidnapping is illegal 3. the detention is without legal grounds
4. That in the commission of any offense, any of the ff
circumstances is present:
A. Kidnapping or detention lasts for more than 3 days
DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE
PROPER JUDICIAL AUTHORITIES -- PLF
1. offender is a public officer or employee
2. He has detained a person for some legal ground
3. He fails to deliver such persons to the proper judicial
authorities within 12 hours (Light), 18 hours (Correctional),
36 hours (Afflictive or Capital)
KIDNAPPING AND FAILURE TO RETURN A MINOR -- OH
1. Offender is entrusted with the custody of a minor person
(whether over or under 7 years of but less than 21 years of
age)
2. He deliberately fails to restore the minor to his parents or
guardians
INDUCING A MINOR TO ABANDON HIS HOME -- AO
1. A minor is living in the home of his parents or guardians or
the person entrusted with his custody
2. Offender induces said minor to abandon such home
CRIMES CALLED SLAVERY AND SERVITUDE
SLAVERY -- OP
1. Offender purchases, sells, kidnaps or detains a human being
2. The purpose of the offender is to enslave such being
EXPLOITATION OF CHILD LABOR -- MAU
1. Offender retains a minor in his service
2. It is against the will of the minor
3. 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
SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF
DEBT -- CAP
1. Offender compels a debtor to work for him, either as a
household servant or farm laborer
2. It is against the debtor’s will
3. The purpose is to require or enforce the payment of debt
CRIMES AGAINST SECURITY
ABANDONMENT OF PERSONS IN DANGER AND
ABANDONMENT OF ONE’S OWN VICTIM – PARF
Par. 1: By failing to render assistance to any person whom the
offender finds in an uninhabited place wounded or in danger of
dying when he can render such assistance without detriment to
himself, unless such omission shall constitute a one more serious
offense
1. The place is not inhabited
2. The accused found there a person wounded or in
danger of dying
3. The accused can render assistance without detriment
to himself
4. the accused fails to render assistance
Par. 2: By failing to help or render assistance to another whom
the offender has accidentally wounded or injured
Par. 3: By failing to deliver a child under 7 years of age whom the
offender has found abandoned to the authorities of to his family,
or by failing to take him to safe place.
ABANDONING A MINOR – CUAN
1. offender has the custody of a child
2. child is under 7 years of age
3. He abandons such child
4. He has no intent to kill the child when the latter is abandoned
ABANDONMENT OF MINOR BY PERSONS ENTRUSTED WITH
HIS CUSTODY
1) By delivering a minor to public institution or to other persons
without the consent of the one who entrusted such minor to
the care of the offender or in the absence of that one, who
the consent of the proper authorities
2) By neglecting his children by not giving them the education
which their station in life requires and financial condition
permits
INDIFFERENCE OF PARENTS
1. Offender is a parent
2. He neglects his children by not giving them education
3. His station in life requires such education and his financial
condition permits it
EXPLOITATION OF MINORS
1) By causing any boy or girl under 16 years of age to perform
any dangerous feat of balancing, physical strength or
contortion, the offender being any person
2) By employing children under 10 who are not the children or
descendants of the offender in exhibitions of acrobat,
gymnast, rope walker, diver or wild-animal tamer, the
offender being an acrobat etc., or circus manager or person
engaged in similar calling
3) By employing ay descendant under 12 in dangerous
exhibited enumerated in the next preceding paragraph, the
offender being engaged in any of the said callings
4) By delivering a child under 16 gratuitously to any person
following any of the following enumerated in par. 2, or to any
habitual vagrant of beggar, the offender being an ascendant,
guardian, teacher or person entrusted in any capacity with
the care of such child
5) By inducing any child under 16 to abandon the home of its
ascendants, guardians, curators, or teachers to follow any
person engaged in any of the callings mentioned in par. 2 or
to accompany any habitual vagrant or beggar, the offender
being any person
QUALIFIED TRESPASS TO DWELLING
1. Offender is a private person
2. He enters the dwelling of another
3. Such entrance is against the latter’s will
OTHER FORMS OF TRESPASS
1. Offender enters the closed premises or the fenced estate of
another
2. Entrance is made while either of them is uninhabited
3. Prohibition to enter be manifest
4. Trespasser has not secured the permission of the owner or
caretaker thereof
GRAVE THREATS
Par. 1: By threatening another with the infliction upon his person,
honor or property or that of his family of any wrong amounting to
a crime an demanding money or imposing any other condition,
even though not unlawful, and the offender attained his purpose.
1. Offender threatens another person with the infliction
upon the latter’s person, humor, or property or upon that
of the latter’s family of any wrong
2. Such wrong amounts to a crime
3. There is demand for money or any other condition is
imposed, even though not unlawful
4. Offender attains his purpose
Par. 2: By making such threat without the offender attaining his
purpose
1. Offender threatens another person with the infliction
upon the latter’s person, honor or property, or upon that
of the latter’s family, of any wrong
2. Such wrong amounts to a crime
 3. Threat is not subject to a condition
Par. 3: By threatening another with the infliction upon his
person, honor or property or that of his family of any wrong
amounting to a crime, the threat not being subject to a condition
LIGHT THREATS
1. Offender makes a threat to commit a wrong
2. Wrong does not constitute a crime
3. There is a demand for money or that other condition is
imposed, even though not unlawful
4. Offender has attained his purpose or that he has not attained
his purpose
BOND FOR GOOD BEHAVIOR
1. When he threatens another under the circumstances under
Grave Threats
2. When he threatens another under the circumstances under
Light Threats
OTHER LIGHT THREATS
1. By threatening another with a weapon or by drawing such
weapon in a quarrel, unless it be in a lawful self-defense
2. By orally threatening another in the heat of anger, with some
harm (not) constituting crime, without persisting the idea
involved in his threat
3. By orally threatening another to do any harm not constituting
a felony
GRAVE COERCION -- PVN
1. A person prevented another from doing something not
prohibited by law, or that he compelled him to do something
against his will, be it right or wrong
2. The prevention or compulsion be effected by violence,
threats or intimidation; and
3. The person that restrained the will and liberty of another had
no authority of law or the right to do so, or in other words,
that the restraint shall not be made under authority of law or
in the exercise of any lawful right’
LIGHT COERCION
1. Offender must be a creditor
2. He seizes anything belonging to his debtor
3. The seizure of the thing be accomplished by means of
violence or a display of material force producing intimidation
4. The purpose of the offender is to apply the same to the
payment of debt
UNJUST VEXATION – any human conduct which although not
productive of some physical or material harm would, however,
unjustly annoy or vex an innocent person
CRIME AGAINST PROPERTY
ANIMUS LUCRANDI – intent to gain; internal act which can be
established through the overt acts of the offender; may be presumed
from the furtive taking of useful property pertaining to another, unless
a special circumstance reveal a different intent on the part of the
perpetrator
ROBBERY IN GENERAL -- PUTV
1. There be a personal property belonging to another
2. There is unlawful taking of that property
3. The taking must be with intent to gain
4. There is violence against or intimidation of any person of
force upon things
ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF
PERSONS
1) ROBBERY WITH HOMICIDE -- TPIO
1. Taking of a personal property with the use of
violence or intimidation against a person
2. Property taken belongs to another
3. Intent to gain
4. On the occasion of robbery, homicide is committed
 Even if two or more persons are killed and
a woman is raped and physical injuries are
inflicted on another, on the occasion of or
by reason of robbery, there is only one
special complex crime of ROBBERY WITH
HOMICIDE
 BY REASON – covers homicide committed
before or after the taking of personal property
of another, as long as the motive of the
offender is to deprive the victim of his personal
property which is sought to be accomplished
by eliminating an obstacle or opposition, or to
do away with a witness, or to defend the
possession of stolen property.
 When HOMICIDE is perpetrated in view to rob
= ROBBERY WITH HOMICIDE
 Robbery was an afterthought = TWO
SEPARATE CRIMES
 Homicides or murders and PI, irrespective of
their numbers committed on the occasion or by
reason of the robbery are merged in the
composite crime of ROBBERY WITH
HOMICIDE
 Whenever a homicide is committed as a
consequence of or on the occasion of robbery,
all those who took part in the asportation will
be held guilty of the special complex crime of
robbery with homicide, even if they did not
actually take part in homicide, unless it
appears that those who did not do so
endeavored to prevent the killing
 if robbery with homicide is accompanied by
rape, the latter is considered only as an
aggravating circumstance
 qualifying circumstance attendant to the killing
may be treated only as a generic aggravating
circumstance
2) ROBBERY WITH RAPE -- PPIR
1. Personal property is taken with the use of force,
threat or intimidation
2. Property belongs to another
3. Intent to gain
4. Robbery is accompanied by rape
3) Robbery with PI, resulting to insanity, imbecility, impotency
or blindness
4) Robbery with PI, resulting in the loss of the use of speech or
the power to hear or smell, or the loss of an eye, a icted on
another, on the occasion of or by reason of robbery,
there is only one special complex crime of ROBBERY
WITH HOMICIDEhand, a foot, an arm or a leg or the loss of
the use of any such member or incapacity
1. That any of the PI defined in pars 3 and 4 of Art.
263 was inflicted in the course of robbery
2. That any of them was inflicted upon any person not
responsible for the commission of the robbery
5) Simple Robbery
(See Article 295)
ROBBERY WITH HOMICIDE COMMITTED BY A BAND
- BAND: aggravating circumstance
ROBBERY BY A BAND
1. When at least 4 armed malefactors take part in the
commission of robbery
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 provided by law, without
prejudice to the criminal liability for illegal possession of such
firearms
3. Any member of 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
ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED
UNDER CERTAIN CIRCUMSTANCES
EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR
INTIMIDATION
1. Offender has intent to defraud another
2. Offender compels him to sign, execute or deliver any public
instrument or document
3. The compulsion is by means of violence or intimidation
ROBBERY WITH FORCE UPON THINGS
*Kinds:
I. Robbery in an inhabited house or public building or edifice
devoted to a religious worship
II. Robbery in an uninhabited place or in a private building
*It is committed when either:
A. The offender entered a house or building by any of the
means specified in Art. 299 or 302 OR
1. The offender entered an inhabited place or public
building or edifice devoted to religious worship
2. The entrance was effected by any of the ff means:
i. Through an opening not intended for
entrance or egress
ii. By breaking any wall, roof or floor or
breaking any door or window
iii. By using false keys, picklocks, or similar
tools OR
iv. By using any fictitious name or pretending
the exercise of public authority
3. That once inside the building, the offender took
personal property belonging to another with intent
to gain
B. Even if there was no entrance by any of those means, he
broke a wardrobe, chest or any other kind of locked or closed
or sealed furniture or receptacle in the house or building or
he took it away to be broken or forced open outside
1. The offender is inside a dwelling, house, public
building or edifice devoted to religious worship,
regardless of the circumstances under which he
entered it
2. The offender takes personal property belonging to
another with intent to gain, under any of the ff:
i. by breaking of doors, wardrobes, chsts or
any other kind of locked or sealed
furniture or receptacle; or
ii. by taking such furniture or objects away to
be broken or forced open outside the
place of the robbery
ROBBERY IN AN UNINHABITED PLACE AND BY A BAND
1. Robbery with force upon things in inhabited house or public
building or edifice devoted to religious worship was
committed in an uninhabited place
2. Committed by a band
ROBBERY IN AN UNINHABITED PLACE OR PRIVATE BUILDING
1. The offender entered an uninhabited place or a building
which was not a dwelling house, not a public building, or not
an edifice devoted to religious
2. The offender takes personal property belonging to another
with intent to gain, under any of the ff:
i. by breaking of doors, wardrobes, chests or any
other kind of locked or sealed furniture or
receptacle; or
ii. by taking such furniture or objects away to be
broken or forced open outside the place of the
robbery
3. That with intent to gain, the offender took personal property
belonging to another
ROBBERY IN A STORE
1. If the store is used as dwelling of one or more persons
2. If the store is located on the ground floor of the house =
dependency of an inhabited place
ROBBERY OF CEREALS, FRUITS OR FIREWOOD IN AN
UNINHABITED PLACE OR PRIVATE BUILDING
POSSESSION OF PICKLOCKS OR SIMILAR TOOLS
1. The offender has in his possession picklocks or similar tools
2. Such picklocks or similar tools are specially adopted to the
commission of robbery
3. The offender does not have a lawful cause for such
possession
FALSE KEYS – it includes
1. Tools mentioned in the next preceding article
2. Genuine keys stolen from owner
3. Any keys other than those intended by the owner for use in
the lock forcibly opened by the offender
BRIGANDAGE
1. There be at least 4 armed persons
2. They formed a band of robbers
3. The purpose is any of the ff:
i. To commit robbery in the highway or
ii. To kidnap persons for the purpose of extortion or to
obtain ransom
iii. To attain by means of force and violence any other
purpose
AIDING AND ABETTING A BAND OF BRIGANDS
1. There is a band of brigands
2. The offender knows the band to be of brigands
3. The offender does any of the ff acts:
i. He in any manner aids or abets or protects such band
of brigands
ii. He gives them information of the movements of the
police or other peace officers of the government
iii. He acquires or receives the property taken by such
brigands
HIGHWAY ROBBERY/BRIGANDAGE UNDER PD 532
- The seizure of any person for ransom, extortion, or other
unlawful purposes, or taking away of the property of
another by means of violence against or intimidation of
persons or force upon things or other unlawful means
committed by any person on any Philippine Highway
THEFT -- TSIWW
1. Taking of personal property
2. Such belongs to another
3. The taking be done with intent to gain
4. The taking be done without the consent of its owner
5. The taking be accomplished without the use of violence
against or intimidation of persons or force upon things
  Telecommunication or telephone service – personal
property that can be a subject of theft
FINDER OF LOST PROPERTY
Par. 1
1. Time of the seizure of the thing
2. It was a lost property belonging to another
3. The accused having had the opportunity to return or deliver
the lost property to its owner or to the local authorities,
refrained from doing so
Par. 2: Removing or making use of fruits or object of property
maliciously damaged
Par. 3: Hunting, Fishing or Gathering Fruits, etc., in enclosed
estate
1. There is an enclosed estate or a field where trespass is
forbidden or which belongs to another
2. the offender enters the same
3. the offender hunts or fishes upon the same or gathers
fruits, cereals or other forest or farm products in the
estate or field; and
4. the hunting or fishing or gathering of products is without
the consent of the owner
QUALIFIED THEFT -- DGMCFO
1. when committed by a domestic servant
2. when committed with grave abuse of confidence
3. if the property stolen is a motor vehicle, mail matter or large
cattle
4. if the property stolen consists of coconuts taken from the
premises of a plantation
5. if the property stolen is fish taken from fishpond or fishery
6. If property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity, vehicular
accident or civil disturbance - FETVOVC
ANTI-CARNAPPING LAW – unlawful taking of motor vehicles
ANTI-CATTLE RUSTLING LAW OF 1974
Cattle Rustling:
- taking away by any means, methods, or scheme,
without the consent of the owners of any of the animals
w/n for profit or gain, or whether committed with or
without violence against or intimidation of any person or
force upon things
- Includes the killing of large cattle, or taking its meat or
hide without the consent of the owner
FENCING
1. Robbery or theft has been committed
2. The accused, who is not a principal or accomplice in the
commission of robbery or theft, buys, possess, keeps,
acquires, conceals, sells, or in any manner deals in any
article, item, object or anything of value which has been
derived from the proceeds of the crime
3. the accused knows or should have known that the article,
item, object or anything of value has been derived from the
proceeds of robbery or theft
4. there is, on the part of the accused, intent to gain for himself
or another
OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL
RIGHTS IN THE PROPERTY -- ORVI
1. the offender takes possession of any real property or usurps
any real right in the property
2. real property or real rights belong to another
3. violence against or intimidation of persons is used by the
offender in occupying real property or usurping real rights in
the property
4. there is no intent to gain
ALTERING BOUNDARIES OR LANDMARKS
1. There be boundary marks or monuments of towns,
provinces or estates, or any other marks intended to
designate the boundaries of the same
2. The offender alters the said boundary marks
FRAUDULENT INSOLVENCY
1. The offender is a debtor, that is, he has obligations due and
payable
2. He absconds with his property
3. There be prejudice to his creditors
SWINDLING
ESTAFA IN GENERAL – DD UET
1. The accused defrauded another by abuse of confidence of
by means of deceit
2. The damage or prejudice capable of pecuniary estimation is
caused to the offended party or third person
3. Through
A. With unfaithfulness or abuse of confidence
B. Estafa by fraudulent acts
C. Through other fraudulent means
SYNDICATED ESTAFA -- ESD
1. Estafa or other forms of swindling as defined in Arts. 315 and
316 of RPC, is committed
2. Estafa or swindling is committed by a syndicate of 5 or more
persons
3. Defraudation results in the misapporpiation of moneys
contributed by stockholders, or members of rural banks,
cooperative, samahang nayor or farmer’s association or of
funds solicited by corporations/associations from the general
public
ESTAFA WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE
ALTERING SUBSTANCE, QUANTITY, OR QUALITY OF
OBJECT SUBJECT OF OBLIGATION TO DELIVER
1. Offender has an onerous obligation to deliver something of
value
2. That he alters its substance, quantity of quality
3. Damage or prejudice is cause to another
ESTAFA THROUGH MISAPPROPRIATION AND
CONVERSION -- MMPD
1. Money, goods, or other personal property be received by the
offender in trust or in commission, or for administration, or
under any other obligation involving the duty to make
delivery of, or to return the same
2. There be misappropriation or conversion of such money or
property by the offender, or denial on his part of such receipt
3. Such misappropriation or conversion of denial is to the
prejudice of another
4. There is a demand made by the offended party to another
o DEMAND is not necessary where there is
evidence of misappropriation
o TRUST RECEIPT TRANSACTION – one where
the entrustee has the obligation to deliver to the
entruster the price of the sale, or if the merchandise
is not sold, to return the merchandise to the
entruster
TAKING ADVAN TAGE OF SIGNATURE IN BLANK
1. Paper with the signature of the offended party be in blank
2. Offended party should have delivered it to the offender
3. That above the description of the offended party, a document
is written by the offender without authority to do so
4. The document so written creates a liability of, or causes
damage to the offended party or any third person
ESTAFA BY MEANS OF FALSE PRETENSES OR FRAUDULENT
ACTS -- FSOS
1. There must be a false pretense, fraudulent acts, or
fraudulent means
2. Such false pretense, fraudulent act or fraudulent means
must be made or executed prior to or simultaneously with
the commission of fraud
3. Offended party must have relied on the false pretense,
fraudulent act, or fraudulent means, that is, he was induced
to part with his money or property because of the false
pretense, fraudulent act or fraudulent means
4. As a result, the offended party suffered damage
ESTAFA BY POSTDATING A CHECK OR ISSUING A
BOUNCING CHECK
1. Offender postdated a check, or issued a check in payment
of an obligation
2. 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
ESTAFA THROUGH FRAUDULENT MEANS
BY INDUCING ANOTHER, THROUGH DECEIT, TO SIGN
ANY DOCUMENT
1. Offender induced the offended party to sign a
document
2. That deceit be employed to make him sign the
document
3. Offended party personally signed the document
4. Prejudice be caused
BY RESORTING TO SOME FRAUDULENT PRACTICE TO
ENSURE SUCCESS IN A GAMBLING GAME
BY REMOVING, CONCEALING, OR DESTROYING ANY
COURT RECORD, OFFICE FILES, DOCUMENT OR ANY
OTHER PAPERS
1. That there be court record, office files, documents, or
any other papers
FRAUD - comprise anything calculated to deceive, including all acts,
omissions and concealment involving a breach of legal or equitable
duty, trust or confidence justly reposed, resulting in damage to
another, or by which an undue and conscientious advantage is taken
of another
DECEIT – false representation of a matter of fact which deceives or
is intended
ILLEGAL RECRUITMENT – separate crimes of illegal recruitment
and estafa
OTHER FORMS OF SWINDLING AND DECEITS
BY CONVEYING, SELLING, ENCUMBERING OR
MORTGAGING ANY REAL PROPERTY, PRETENDING TO
BE THE OWNER OF THE SAME
1. The things be immovable
2. Offender who is not the owner of said property should
represent that he is the owner thereof
3. Offender should have executed an act of ownership
4. Act be made to prejudice of the owner or a third person
BY DISPOSING OF REAL PROPERTY AS FREE FROM
ENCUMBRANCE, ALTHOUGH SUCH ENCUMBRANCE BE
NOT RECORDED
1. The thing disposed of be a real property
2. Offender knew that the real property was encumbered,
whether the encumbrance is recorded or not
3. There must be express representation by the offender
that the real property is free from encumbrance
4. Act of disposing of the real property be made to the
damage of another
BY WRONGFULLY TAKING BY THE OWNER OF HIS
PERSONAL PROPERTY FROM ITS LAWFUL POSSESSOR
1. Offender is the owner of personal property
2. Said property is in the lawful possession of another
3. Offender wrongfully takes it from its lawful possessor
4. Prejudice is thereby caused to the lawful possessor or
third person
BY EXECUTING ANY FICTITOUS CONRACT TO THE
PREJUDICE OF ANOTHER
BY ACCEPTING ANY COMPENSATION FOR SERVICES
NOT RENDERED OR FOR LABOR PERFORMED
1. Accepting compensation given to the accused for
service not rendered
2. Malicious failure to return the compensation wrongfully
received
BY SELLING, MORTGAGING OR ENCUMBERING REAL
PROPRTY/IES WITH WHICH THE OFFENDER
GUARANTEED THE FULFILLMENT OF HIS OBLIGATION
AS SURETY
1. Offender is a surety in a bond given in a criminal or civil
action
2. He guaranteed the fulfillment of such obligation with
his real property
3. He sells, mortgages, or in any other manner
encumbers said real property
4. Such sale, mortgage or encumbrance is
A. Without express authority from the court, or
B. Made before the cancellation of his bond, or
C. Before being relieved from the obligation
contracted by him
OTHER FORMS OF SWINDLING
1. the thing disposed of be real property
2. offender knew that the reap property was encumbered,
whether the encumbrance is recorded or not
3. there must be express representation by the offender that
the real property is free from encumbrance
4. the act of disposing of the real property be made to the
damage of another
SWINDLING OF A MINOR
1. Offender takes advantage of the inexperience or emotions
or feelings of a minor
2. He induces such minor to assume an obligation, or give
release, or to execute a transfer of any property right
3. That the consideration is some loan of money, credit or other
personal property
4. The transaction is to the detriment of such minor
OTHER DECEITS
1. False pretense, fraudulent act, or pretense other than those
in the preceding article
2. Such false pretense, fraudulent act must be made or
executed prior to or simultaneously with the commission of
fraud
3. As a result, the offended party suffered damage or prejudice
 by defrauding or damaging another by any other
deceit not mentioned in the preceding articles
 by interpreting dreams, by making forecasts, by
telling fortunes, or by taking advantage of the
credulity of the public in any other manner, for profit
or gain
ARSON
SIMPLE ARSON
1. there is intentional burning
2. what is intentionally burned is an inhabited house or
dwelling
DESTRUCTIVE ARSON – heinous crimes for being grievous,
odious, and hateful offenses and which by reason of their
inherent or manifest wickedness, viciousness, atrocity and
perversity are repugnant and outrageous to the common
 standards of norms of decency and morality in a just and civilized
society
KILL AND BURN TO HIDE THE KILLING = Murder and Arson
OTHER CASES OF SIMPLE ARSON – burning of the ff property:
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, pastureland, growing crop, 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
MALICIOUS MISCHIEF -- CDA
1. Offender deliberately caused damage to the property of
another
2. Such act does not constitute arson or other crimes involving
destruction
3. Act of damaging another’s property be committed merely for
the sake of damaging it
 Element of hate, revenge and evil motive
QUALIFIED MALICIOUS MISCHIEF
1. Causing damage to obstruct the performance of public
functions
2. Using any poisonous or corrosive substances
3. Spreading infection or contagion among cattle
4. Causing damage to 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
OTHER MISCHIEFS – amount involved cannot be estimated; not
included in Art. 328
DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION
– damaging any railway, telegraph, or telephone lines
DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS
OR PAINTINGS
CRIMES AGAINST CHASTITY
ADULTERY
1. The woman is married
2. She has sexual intercourse with a man not her husband
3. As regards the man with whom she has sexual intercourse,
he must know her to be married
CONCUBINAGE -- MKSC
1. Man must be married
2. He committed any of the ff acts:
A. Keeping a mistress in the conjugal dwelling
B. Having sexual intercourse under scandalous
circumstances with a woman not his wife
C. Cohabiting with a woman not his wife
3. As regards the woman, she must know him to be married
ACTS OF LASCIVIOUSNESS – AE FTIDUFGUD
1. The offender commits any act of lasciviousness or lewdness
2. It is committed against person of either sex
3. It is done under any of the ff circumstances:
A. By using force or intimidation
B. When the offended party is deprived of reason or
otherwise unconscious
C. When the offended party is under 12 years of age
or is demented
 Lewdness: obscene, lustful, indecent and
lecherous act; characterized by or intended to
excite crude sexual desire
QUALIFIED SEDUCTION
1. The offended party is a virgin, which is presumed if she is
married and of good reputation
2. She must be over 12 and under 18 years of age
3. Offender has sexual intercourse with her
4. There is abuse of authority, confidence, or relationship on
the part of the offender
SIMPLE SEDUCTION -- OGSD
1. Offended party is over 12 and under 18
2. She is of good reputation, single or widow
3. Offer has sexual intercourse with her
4. Committed by means of deceit
CORRUPTION OF MINORS – promotion or facilitation of the
prostitution or corruption of persons under age, to satisfy the lust of
another
WHITE SLAVE TRADE
1. Engaging in business of prostitution
2. Profiting by prostitution
3. Enlisting the services of women for the purpose of
prostitution
FORCIBLE ABDUCTION -- AAL
1. The person abducted is any woman, regardless of her age,
civil status or reputation
2. The abduction is against her will
3. Abduction is with lewd designs
CONSENTED ABDUCTION
1. Offended party is a virgin
2. She is over 12 and under 18 years of age
3. Offender takes her away with her consent, after solicitation
or cajolery from the offender
4. Taking away is with lewd designs
BIGAMY
1. Offender has been legally married
2. Marriage has not been legally dissolved, or in case his or her
spouse is absent, the absent spouse could not yet be
presumed
3. He contracts a second or subsequent marriage
4. Second or subsequent marriage has all the essential
requisites of validity
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
GRAVE SCANDAL
1. Offender performs an act or acts
2. Such act or acts be highly scandalous as offending against
decency or good customs
3. The highly scandalous conduct is not expressly falling within
any other article of this code
4. Act or acts complained of be committed in a public place or
within the public knowledge or view