Criminal Law – branch of public substantive law which
defines crimes, treats of their nature and provides for
their punishment. It is a public law because it deals with
the relation of the individual with the State.
Criminal Law Criminal Procedure
Substantive Remedial
Prospective, unless
favorable to the Retroactive; in favor of
accused provided the ends of substantial
that the accused is justice.
not a habitual
delinquent.
Can be promulgated by
Only comes from the
the judiciary.
legislative body.
Terms
1. Crime – the generic term used to refer to a wrongdoing
punished either under the RPC or under the special
law (Ortega); an act committed or omitted in violation
of a public law forbidding or commanding it.
2. Felony – a crime punished under the RPC.
3. Offense – a crime punished under the special law.
4. Misdemeanor – a minor infraction of law.
Sources
1. The Revised Penal Code (Act no. 3815)
2. Special Penal Laws
3. Penal Presidential Decrees issued during Martial Law
Legal Maxims
1. Nullum crimen nulla poena sine lege – there is no
crime when there is no law that defines and punishes
it.
2. Actus non facit reum, nisi mens sit rea – the act cannot
be criminal unless the mind is criminal.
3. Actus me invito factus non est meus actus – an act
done by me against my will is not my act.
4. Doctrine of Pro Reo- Whenever a Penal law is to be
construed or applied and the law admits of two
interpretations- one lenient to the offender and one
strict to the offender- that interpretation which is lenient
or favorable to the offender will be adopted.
This is in consonance with the fundamental rule
that all doubts shall be construed in favor of the
accused and consistent with the presumption of
innocence of the accused.
5. El que es causa de la causa es causa del mal
causado – He who is the cause of the cause is the
cause of the evil caused (People v. Ural, G.R. No.
L-30801).
Characteristics of Criminal Law
A. General – it is binding on all persons who live or
sojourn in the Philippine territory, regardless of
nationality, gender, or other personal circumstances
(Art. 14, NCC).
Exceptions:
1. Treaty Stipulations
Under the RP–US Visiting Forces Agreement,
which was signed on February 10, 1998, the
Philippines agreed that:
a. US shall have the right to exercise within the
Philippines all criminal and disciplinary
jurisdiction conferred on them by the military law
of the US over US personnel in RP;
b. US exercises exclusive jurisdiction over US
military personnel with regard to offenses
relating to the security of the US punishable
under the law of US, but not under the laws of
RP;
c. US shall have primary right to exercise
jurisdiction over US military in relation to:
i. Offenses solely against the property or
security of the US or offenses solely against
the property or person of US personnel;
ii. Offenses arising out of any act or mission
done in performance of official duty.
Under the VFA, in determining whether one can be
prosecuted or not, the citizenship is immaterial,
what is material is one’s membership in the U.S
Armed Forces.
It is necessary that one is a member of the US
armed forces either as:
1. US military personnel; or
2. US civilian personnel connected to US military
operations.
Rules on Jurisdiction
Crimes Jurisdiction
Crimes punishable
under Phil. Laws RP has the exclusive
but not under the jurisdiction.
laws of the US.
Crimes punishable
under the laws of US has the exclusive
the US but not jurisdiction.
under Phil. Laws.
 There is concurrent
jurisdiction but the
Philippines has the right to
primary jurisdiction,
Crimes punishable
especially when it is a
both under the US
threat to RP security
and Phil. Laws.
namely:
a. treason
b. espionage
c. sabotage
Crimes committed
by a US personnel
against the security RP has no jurisdiction.
and property of the
US alone.
Generally, the Philippines cannot refuse the request
of the US for waiver of jurisdiction and has to
approve the request for waiver except if the crime is
of national importance: (HCD)
1. Those crimes defined under RA 7659 (Heinous
crimes)
2. Those crimes defined under RA 7610 (Child
Abuse Cases)
3. Those crimes defined under RA 9165 (Dangerous
Drugs cases)
Laws of Preferential Application
1. RA 75 penalizes acts which would impair the proper
observance by the Republic and its inhabitants of the
immunities, rights, and privileges of duly-accredited
foreign diplomatic representatives in the Philippines.
General Rule: Under RA 75, persons who are
exempt from arrest and imprisonment and whose
properties are exempt from distraint, seizure and
attachment are the following: (MAS)
i. Public Ministers
ii. Ambassadors
iii.Domestic servants of ambassadors and public
ministers
Exceptions:
a.the person is a citizen or inhabitant of the
Philippines; and
b. the writ or process issued against him is founded
upon a debt contracted before he entered upon
such service or the domestic servant is not
registered with the Department of Foreign Affairs.
Note: RA 75 is not applicable when the foreign country
adversely affected does not provide similar protection to
our diplomatic representatives.
2. Warship Rule – a warship of another country even
though docked in the Philippines is considered as an
extension of the territory of their respective country.
Same rule applies to foreign embassies in the
Philippines. Philippine warship and embassies abroad
are deemed extra-territories of the Philippines.
3. Principles of Public International Law
The following persons are exempted: (SCAM2)
a. Sovereigns and other heads of state
b. Chargesd’affaires
c. Ambassadors
d. Ministers plenipotentiary
e. Ministers resident
Consuls, vice-consuls and other commercial
representatives of foreign nations cannot claim the
privileges and immunities accorded to ambassadors and
ministers.
B. Territorial
General Rule: Penal laws of the Philippines have
force and effect only within its territory.
The national territory is set forth in Article I of the 1987
Constitution. It composes of 3 domains:
1. Terrestrial
2. Fluvial
3. Aerial
Exceptions:
1. RPC shall not be enforced within or outside the
Philippine territories if so provided under:
a. Treaties; or
b. Laws of Preferential Application (Art. 2, RPC and
Art. 14, NCC)
2. Extraterritoriality – refers to the application of the
Revised Penal Code outside the Philippine territory
(Art 2, RPC).
Extraterritorial Crimes (Art. 2, RPC) i.e.,
enforceable even outside Philippine territory
against those who:
a. Should commit an offense while on
Philippine ship or airship.
Requisites:
i. The ship or airship must not be within the
territorial jurisdiction of another country; (it
must be in international waters.)
ii. The ship or airship must be registered in the
Philippines under Philippine laws.
Rules on private or merchant Vessels:
1. Philippine vessel or aircraft
2| Cr im in a l L a w
 a. Must be understood as that which is
registered with the MARINA (Maritime
Industry Authority) in accordance with
Philippine laws;
b. The RPC applies when such Philippine
vessel is found within:
i. Philippine waters, or
ii. The high seas.
2. Foreign Merchant Vessels
a. In the Philippines, we follow the ENGLISH
RULE.
b. A distinction must be made between
merchant ships and warship; the former are
more or less subjected to the territorial
laws. (US vs. Bull, 15 Phil. 7)
c. Foreign merchant vessel in transit:
possession of dangerous drugs is not
punishable, but use of the same is
punishable.
d. Foreign merchant vessel NOT in transit:
mere possession of dangerous drugs is
punishable because it can already be
considered as illegal importation.
FRENCH RULE v. ENGLISH RULE
French Rule English Rule
(Flag or Nationality) (Territoriality or Situs
of the Crime)
General Rule
Crimes committed Crimes committed
aboard a vessel within aboard a vessel within
the territorial waters of a the territorial waters of a
country are NOT triable country are triablein the
in the courts of said courts of such country.
country.
Exception
When their commission When the crimes merely
affects the peace and affect things within the
security of the territory vessel or when they only
or when the safety of the refer to the internal
state is endangered management thereof
3. Foreign Warships
a. In the case of a foreign warship, the
nationality of such warship determines the
applicable penal laws to crimes committed
therein, as they are considered to be an
extension of the territory of the country to
which they belong. Thus, their respective
national laws shall apply to such vessels
wherever they may be found.
b. Should forge or counterfeit any coin or
currency note of the Philippines or
obligations and securities issued by the
Government (Arts. 163 & 166 RPC).
3
Forgery is committed by giving to a treasury or
bank note or any instrument payable to bearer
or to order the appearance of a true genuine
document or by erasing, substituting,
counterfeiting or altering, by any means, the
figures, letters, words or signs contained
therein.
If forgery was committed abroad, it must refer
only to Philippine coin, currency note, or
obligations and securities.
Obligations and securities of the GSIS, SSS and
Landbank are NOT of the government because
they have separate charters.
c. Should introduce into the country the above-
mentioned obligations and securities.
Those who introduced the counterfeit items are
criminally liable even if they were not the ones
who counterfeited the obligations and securities.
On the other hand, those who counterfeited the
items are criminally liable even if they did not
introduce the counterfeit items.
d. While being public officers or employees,
should commit an offense in the exercise of
their functions, like: (B3A2F3T-MIC)
i. Direct Bribery (Art. 210)
ii. Indirect Bribery (Art. 211)
iii. Qualified Bribery (Art. 211-A)
iv. Failure to Render Accounts (Art. 218)
v. Failure to Render Account Before Leaving the
Country (Art. 219)
vi. Illegal Use of Public Funds or Property (Art.
220)
vii. Failure to Make Delivery of Public
Funds/Property (Art. 221)
viii. Falsification (Art. 171)
ix. Fraud Against Public Treasury and Similar
Offenses (Art. 213)
x. Malversation of Public Funds or Property (Art.
217)
xi. Possession of Prohibited Interest (Art. 216)
xii. Corruption (Art. 212)
Note: A crime committed within the grounds of a
Philippine embassy on foreign soil shall be subject
to Philippine penal laws, although it may or may not
have been committed by a public officer in relation
to his official duties. Embassy grounds are
considered as extensions of the sovereignty of the
country occupying them.

Example: A Philippine consulate official who is
validly married here in the Philippines remarries in
a foreign country cannot be prosecuted here in the
Philippines for bigamy under no. 4 of Art. 2 of RPC
because the crime has no connection with his
official duties. Nevertheless, if the second marriage
is celebrated in the Philippine embassy, the
ambassador may be prosecuted in the Philippines
because the embassy grounds are considered the
extension of sovereignty (Ortega, 2009).
e. Should commit any of the crimes against
national security and the law of nations
defined in Title One of Book Two. (Arts. 114-
122, RPC)
When rebellion, coup d’etat and sedition are
committed abroad, the Philippine courts will not
have jurisdiction because these are crimes
against public order.
Terrorism as defined by R.A. 9372, otherwise
known as the Human Security Act of 2007, is
now a crime against national security and the
law of nations.
RA 9372, otherwise known as the Human
Security Act of 2007 has extraterritorial
application.
Sec. 58 of RA 9372 provides that the Act shall
apply to individual persons who, although
physically outside the Philippines shall:
i. Conspire or plot to commit any of the
crimes punished in the Act;
ii. Commit any of said crimes on board
Philippine Ship or airship;
iii. Commit any of said crimes within the
embassy, consulate or diplomatic
premises belonging to or occupied by the
Phil. government in an official capacity;
iv. Commit said crimes against Phil. citizens
or persons of Phil. descent where their
citizenship or ethnicity was a factor in the
commission of the crimes; and
v. Commit said crimes directly against the
Phil. government.
C. Prospective
General Rule: Penal laws cannot make an act
punishable in a manner in which it was not punishable
when committed.
Exception: It may be applied retroactively when the
new law is favorable to the accused.
Exceptions to the Exception:
1. The new law is expressly made inapplicable to
pending actions or existing causes of actions.
2. Offender is a habitual criminal (Art. 22, RPC)
Limitations on the Power of Congress to Enact
Penal Laws:
The Congress, in enacting penal laws are restricted
by the following Constitutional and statutory
limitations:
1. No ex post facto law or bill of attainder shall be
enacted (Constitution, Art. III, Sec. 22).
Ex post facto law
It is a law that would make a previous act criminal
although it was not so at the time it was
committed.
Bill of attainder
It is a legislative act that inflicts punishment
without trial, its essence being the substitution of
legislative fiat for a judicial determination of guilt.
2. No person shall be held to answer for a criminal
offense without due process of law (Ibid., Sec.
14[1]).
3. It should not impose cruel and unusual punishment
nor should it impose excessive fines (Ibid., Sec.
19[1].
RA 9346 prohibits the imposition of death penalty
therefore repealing RA 7659. In lieu of the death
penalty, the following shall be imposed:
a. the penalty of reclusion perpetua, when the law
violated makes use of the nomenclature of the
penalties of the Revised Penal Code; or
b. the penalty of life imprisonment, when the law
violated does not make use of the nomenclature
of the penalties of the Revised Penal Code
(Sec. 2, RA 9346).
4. It must be general in application and must clearly
define the acts and omissions punished as crimes
(Ibid., Sec. 1 and Sec. 2).
4| Cr im in a l L a w
Different Effects of Repeal of Penal Law
1. Absolute or Total Repeal – a repeal is absolute when
the crime punished under the repealed law has been
decriminalized by the subsequent law (Ortega, 2009).
If the new law totally repeals the existing law making
the act not punishable, the crime is obliterated (Reyes,
2008, p.15).
Effects of total repeal if:
a. the case is still pending in court: dismissed,
regardless of whether the accused is a habitual
criminal
b. the offender is already serving sentence:
i. Not a habitual criminal – the offender is entitled to
be released; unless the repealing law is
expressly made inapplicable to those who are
serving sentence at the time of the repeal.
ii. Habitual criminal – he will continue serving
sentence this is so because penal laws should be
given retroactive application to favor only those
who are not habitual delinquents (Ortega, 2009).
2. Partial or Relative Repeal – a repeal is partial when
the crime punished under the repealed law continues
to be a crime in spite of the repeal.
Effects of partial repeal if:
a. If the case is still pending in court: the repealing
law which is more favorable to the accused shall be
applied to him regardless of whether he is a habitual
criminal or not; unless, there is a reservation in the
said law that it shall not apply to pending causes of
action.
b. If the offender is already serving sentence:
i. Not habitual criminal – the repealing law which is
more lenient to him shall be applied unless there
is a reservation to that effect
ii. Habitual criminal – the repealing law which is
more favorable to the accused will not be
applicable to him
Effects of Amendment of Penal Law
1. If the new law makes the penalty lighter, it shall be
applied except if the offender is a habitual delinquent
or when the new law is inapplicable to pending action
or existing causes of action.
2. If the new law imposes a heavier penalty, the law in
force at the time of the commission of the offense
shall be applied (Reyes, 2008, p.15).
5
P RELIMIN ARY T I TLE
ARTICLE 1
TIME WHEN ACT TAKES EFFECT
The Revised Penal Code (RPC) was approved on
December 8, 1930. It took effect on January 1, 1932.
Two theories in criminal law:
1. Classical or Juristic Theory
a. The basis of criminal liability is human free will and
the purpose of the penalty is retribution
b. Man is essentially a moral creature with an
absolutely free will to choose between good and evil
thereby placing more stress upon the effect or result
of the felonious act than upon the man, the criminal
himself.
c. It has been endeavored to establish a mechanical
and direct proportion between crime and penalty.
2. Positivist or Realistic Theory
a. Man is subdued occasionally by a strange and
morbid phenomenon which constrains him to do
wrong, in spite of or contrary to his volition.
b. The crime is essentially a social and natural
phenomenon and as such it cannot be treated and
checked by applying law and jurisprudence nor by
imposition of a punishment, fixed and determined a
priori.
c. The purpose of penalty is reformation.
Note: Some authorities add a third school of thought.
3. Eclectic or Mixed Theory – a combination of both
classical and positive theories. Our Code is
considered Eclectic (i.e., the age of the offender is
taken into consideration, intoxication of the offender in
order is considered a mitigating circumstance unless
it is habitual or intentional)
ARTICLE 2
APPLICATION OF ITS PROVISIONS
Article 2 sets forth the instances where the provisions of
the Revised Penal Code are applicable although the
felony is committed outside the Philippine Territory.
1. Extraterritoriality – RPC is applicable even though
outside the Philippine territory (See discussion under
Territorial as a characteristic of criminal law).
2. Exterritoriality – a term of international law which
signifies the immunity of certain persons who,
 although in the state, are not amenable to its laws a. Voluntariness on the part of the person to commit
(i.e. ambassadors, ministers plenipotentiary etc.). the act or omission.
b. When a person acts without freedom, he is no
3. Intraterritoriality – RPC is made applicable within the longer a human being but a tool.
Philippine territory.
Lack of freedom - offender is exempt from liability. (i.e.
Felonies under this Article shall be cognizable by the presence of irresistible force or uncontrollable fear)
proper court where the criminal action was first filed
(Section 15(d), Rule 110 of the Rules of Court). 2. Intelligence
It is the capacity to know and understand the
T I TLE O NE : F ELO NIES & consequences of one’s act. Without this power,
necessary to determine the morality of human acts, no
C IRCUMSTANCES W HICH crime can exist
A FFECT C RIMIN AL L I ABILI TY
Lack of intelligence - offender is exempt from liability.
(i.e. offender is an imbecile, insane, or 15 years of age
CHAPTER ONE: FELONIES or under.)
(ARTS. 3-10)
3. Intent (Criminal)
a. The purpose to use a particular means to effect
ARTICLE 3 such result.
FELONIES b. Intent to commit an act with malice, being purely a
mental process, is presumed. Such presumption
Felonies arises from the proof of commission of an unlawful
It is the acts or omissions punishable by the Revised act.
Penal Code. c. A mental state, hence, its existence is shown by
overt acts.
Elements of Felonies (General):
1. There must be an act or omission i.e., there must be Lack of intent = act is justified. Offender incurs NO
external acts. criminal liability (i.e. existence of a lawful or
a. Act – any bodily movement tending to produce insuperable cause, commission by mere accident).
some effect in the external world. It must be
external as internal acts are beyond the sphere of Criminal intent is necessary because:
penal law. a. Actus non facit reum nisi mens sit rea – the act itself
b. Omission – is inaction or the failure to perform a does not make a man guilty unless his intentions
positive duty required by law. were so.
b. Actus me invito factus non est meus actus – an act
2. The act or omission must be punishable by the RPC. done by me against my will is not my act (U.S. v. Ah
Based upon the maxim, “nullumcrimen, nullapoena Chong, 15 Phil. 499).
sine lege.”
General Criminal Specific Criminal
3. The act is performed or the omission is incurred, by Intent Intent
means of dolo(malice) or culpa (fault). An intention to do a An intention to commit a
The act or omission must be voluntary. wrong. definite act.
Existence of the intent is
Presumed to exist
Classification of Felonies According to the Means by not presumed because
from the mere doing
Which They Are Committed: it is an ingredient or
of a wrongful act.
element of a crime.
A. Intentional felonies – the act is performed or the The burden of proving
omission is incurred with deliberate intent or malice to the existence of the
do an injury. The burden of proving
intent is upon the
the absence of intent
prosecution, as such
Requisites of DOLO or MALICE: (FII) is upon the accused.
intent is an element of
1. Freedom the crime.

6| Cr im in a l L a w
 When the crime is in its unintentional being
attempted or frustrated incident of another act
stage, special intent performed without
must be proved. (i.e. malice.
When the crime is When a person Wrongful act results
consummated, seriously injures from imprudence,
Has intention to cause
general intent is another, the intent to kill negligence, lack of
an injury.
presumed. (i.e. When must be proved in order foresight or lack of
a person killed that the charge will be skill.
another, the intent to one of attempted or
kill is presumed) frustrated homicide, Honest Mistake of fact
murder, parricide or It is a misapprehension of fact on the part of the person
infanticide, as the case causing injury to another. Such person is NOT criminally
may be and not mere liable as he acted without criminal intent (Ignorantia facti
physical injuries) excusat).

B. Culpable felonies – performed without malice.
Requisites of CULPA: (FIN)
1. Freedom;
2. Intelligence;
3. Negligence, imprudence, lack of foresight, or lack of
skill.
The act or omission is voluntary but the intent or malice
in intentional felonies is replaced by imprudence, etc.
Negligence
It indicates a deficiency of perception; failure to pay
proper attention and to use diligence in foreseeing the
injury or damage impending to be caused; usually
involves lack of foresight.
Imprudence
It indicates a deficiency of action; failure to take the
necessary precaution to avoid injury to person or
damage to property; usually involves lack of skill.
Reason for punishing acts of negligence:
A man must use his common sense, and exercise due
reflection in all his acts; it is his duty to be cautious,
careful and prudent, if not from instinct, then thru fear of
incurring punishment (US vs. Maleza, 14 Phil. 468, 470).
Note: In Art. 3, culpa is a MODE of committing a crime;
hence, killing is denominated “homicide through reckless
imprudence. In Art. 365 (quasi-offenses), culpa is the
crime punished; hence, the crime is denominated
“reckless imprudence resulting in homicide” (Boado,
2008, p.42).
Intentional Culpable
Act is malicious. Not malicious.
With deliberate intent. Injury caused is
An honest mistake of fact destroys the presumption of
criminal intent which arises upon the commission of a
felonious act.
Honest Mistake of fact is NOT applicable in CULPABLE
felonies.
Requisites of mistake of fact as a defense:
1. That the act done would have been lawful had the
facts been as the accused believed them to be;
2. That the intention of the accused in performing the
act should be lawful; and
3. That the mistake must be without fault or
carelessness on the part of the accused.
a. US vs. Ah Chong (15 Phil 488, 1910) – the
accused had no alternative but to take the
facts as they appeared to him, and such facts
justified his act of killing his roommate.
b. People vs. Oanis (74 Phil 257, 1943) – there
was no mistake of fact when the accused
police officers were shot Tecson, whom they
thought to be Balagtas (a notorious criminal)
who was sleeping in his bed, without
ascertaining his identity and the non-
existence of threat from the part of Tecson.
Mala prohibita
Crimes punishable by special penal laws whereby
criminal intent is not, as a rule, necessary, it being
sufficient that the offender has the intent to perpetrate the
act prohibited by the special law. It is punishable
because the prohibited act is so injurious to the public
welfare that it is the crime itself.
General Rule: As a rule, mere commission of crimes
classified as mala prohibita, even without criminal intent,
is punishable.

7
Exceptions: aggravating aggravating
1. Cuenca vs. People (G.R. No. L-27586, June 26, circumstances are taken circumstances are
1970) into account in imposing generally not taken into
Cuenca was entitled to assume that his employer had the penalty. account.
the requisite license to possess said firearm and Degree of Participation
ammunition and to turn them over to him while he was When there is more than Degree of participation
on duty as one of the regular security guards of a duly one offender, the degree is generally not taken
licensed security agency. of participation of each in into account. All who
the commission of the participated in the act
2. People vs. Landicho ([CA] 55 OG 842) crime is taken into are punished to the
The doctrine of the immateriality of animus possidendi account. same extent.
should be relaxed in certain way. Otherwise, the As to Persons Criminally Liable
avowed purpose of the government’s policy cannot be Penalty is computed on The penalty on the
realized. the basis of whether he is offenders are the same
a principal offender, or whether they are merely
3. People vs. Mallari ([CA] 55 O.G. 1394) merely an accomplice or accomplices or
Where the accused had a pending application for accessory. accessories.
permanent permit to possess a firearm, and whose Laws Violated
possession was not unknown to an agent of the law Violation of the RPC. Violation of Special
who advised the former to keep it in the meantime, any (General rule) Laws. (General rule)
doubt as to his claim should be resolved in his favor. As to stages in execution
There are three stages:
4. Mere transient possession of unlicensed firearm No such stages of
attempted, frustrated,
While in stealing a firearm the accused must execution.
consummated.
necessarily come into possession thereof, the crime of As to persons criminally liable
illegal possession of firearms is not committed by mere Thereare three persons
transient possession of the weapon. Thus, stealing a criminally liable: principal, Generally, only the
firearm with intent not to use but to render the owner accomplice, and principal is liable.
defenseless, may suffice for purposes of establishing a accessory.
case of theft, but would not justify a charge for illegal
As to division of penalties
possession of firearm, since intent to hold and
Penalties may be divided There is no such
eventually use the weapon would be lacking (People
into degrees and periods. division of penalties.
vs. Dela Rosa, G.R. No. 84857, January 16, 1998,
citing People vs. Remereta, 98 Phil. 413, 1956).
Intent Motive
Mala in Se Mala Prohibita Is the purpose to use Is the reason or moving
a particular means to power which impels one
As to Nature
effect such result. to commit an act for a
Wrong from its very Wrong because it is
definite result.
nature. prohibited by law.
Is an element of the Is NOT an element of
Use of Good Faith as a Defense
crime, except in the crime.
Good faith is a valid
Good faith is not a unintentional felonies.
defense; unless the crime
defense. (culpable)
is the result of culpa.
Is essential in Is essential only when
Use of Intent as an element
intentional felonies. the identity of the
Criminal intent is
Intent is an element. perpetrator is in doubt.
immaterial.
Degree of Accomplishment of the crime Example: A who is jealous of B shot the latter as a result
The degree of The act gives rise to a of which B died. The intent is to kill while the motive is
accomplishment of the crime only when it is jealousy.
crime is taken into consummated.
account in punishing the Motive
offender. It is the moving power which impels one to action for a
As to Mitigating and Aggravating Circumstances definite result (Reyes, 2008, p. 59).
Mitigating and Mitigating and

8| Cr im in a l L a w

Motive: When Relevant (CUT-NID)
1. If the evidence is merely circumstantial.
2. Where the identification of the accused proceeds from
an unreliable source and the testimony is
inconclusive and not free from doubt;
3. In ascertaining the truth between two antagonistic
theories or versions of the killing;
4. Where there are no eyewitnesses to the crime, and
where suspicion is likely to fall upon a number of
persons;
5. When there is doubt as to the identity of the assailant;
6. When the act is alleged to be committed in defense of
a stranger because it must not be induced by revenge,
resentment or other evil motive;
ARTICLE 4
CRIMINAL LIABILITY
Par. 1: Criminal Liability for a felony different from
that which is intended to be committed.
Rationale: El que es causa dela causa es causa del mal
causa – He who is the cause of the cause is the cause of
the evil caused.
Requisites:
1. That an intentional felony has been committed.
There is no Intentional Felony:
a. When the act or omission is not punishable by RPC;
or
b. When the act is covered by any of the justifying
circumstances in Art. 11 of RPC.
Act or omission should not be punished by a special
law because the offender violating a special law may
not have the intent to do any injury to another. In such
case, the wrongful act done could not be different, as
the offender did not intend to do any other injury.
2. That the wrong done to the aggrieved party be the
direct, natural and logical consequence of the felony
committed.
Proximate Cause
It is that cause, which, in the natural and continuous
sequence, unbroken by any efficient intervening cause,
produces the injury, and without which the result would
not have occurred.
If the result can be traced back to the original act, then
the doer of the original act can be held criminally liable.
The relation of cause and effect must be shown:
a. Unlawful act is the efficient cause
9
b. Accelerating cause
c. Proximate cause
Note: Any person who creates in another person’s
mind an immediate sense of danger, which causes the
latter to do something resulting in the latter’s injuries, is
liable for the resulting injuries (People vs. Page, 77
SCRA 348, citing People vs. Toling, L-27097, Jan. 17,
1975, 62 SCRA 17, 33).
Thus, the person is still criminally liable although the
wrongful act done be different from that which he
intended:
a. Error In Personae- mistake in the identity of the
victim (Article 49 – penalty for lesser crime in its
maximum period)
b. Aberratioictus – mistake in the blow (Article 48 on
complex crimes – penalty for graver offense in its
maximum period)
c. Praeter intentionem – injurious result is greater than
that intended (Article 13 – Mitigating Circumstance)
Aberratio Ictus v. Error in personae
AI – the victim as well as the actual victim are both
in the scene of the crime; EIP – the supposed
victim may or may not be in the scene of the crime
AI –The offender delivers the blow to his intended
victim but because of poor aim landed on someone
else; EIP – The offender delivers the blow not to his
intended victim
AI – generally gives rise to complex crime unless
the resulting consequence is not a grave or less
grave felony; EIP – there is no complex crime
Example of Aberratio Ictus:
a. A shot B but because of lack of precision, it was
C, a bystander, who was hit as a result of which
C died. There is a complex crime of attempted or
frustrated Murder, Homicide, Parricide or
Infanticide and Murder, Homicide Parricide or
Infanticide(MHPI)
b. If C did not die but sustained injuries, there is still
a complex crime of attempted or frustrated MHPI
and serious or less serious physical injuries (note
that there is no intent to kill insofar as the case of
C is concerned); however, there can be no
complex crime if C sustained slight physical
injuries as the same is only a light felony.
When death is presumed to be the natural
consequence of physical injuries inflicted: (NER)
a. That the victim at the time the physical injuries were
inflicted was in normal health.
b. That the death may be expected from the physical
injuries inflicted.
c. That death ensued within a reasonable time.
Note: The offended party is not obliged to submit to a
surgical operation or medical treatment to relieve the
accused from liability.
Felony committed is NOT the proximate cause of
the resulting injury when:
a. There is an active force between the felony
committed and the resulting injury, such active force
is distinct from the felony committed.
b. The resulting injury is due to the intentional act of
the victim, i.e. fault or carelessness of the victim to
increase the criminal liability of the assailant.
are efficient intervening
causes
Efficient Intervening Cause
It is the cause which interrupted the natural flow of
events leading to one’s death. This may relieve the
offender from liability.
NOT efficient intervening causes:
a. The weak or diseased physical condition victim;
b. The nervousness or temperament of the victim;
c. Causes which are inherent in the victim;
d. Neglect of the victim or third person; (ex. refusal of
medical attendance)
e. Erroneous or unskilled medical or surgical treatment
(unless the wound is slight or not mortal).
Par. 2: Impossible Crime

Instances when there is a proximate cause and Requisites: (PEIN)

when there is none: 1. That the act performed would be an offense against
Instance Criminally Liable? persons or property;
When there is an intervening disease 2. That the act was done with evil intent;
If disease is closely 3. That its accomplishment is inherently impossible, or
YES. that the means employed is either inadequate or
related to the wound
If disease is unrelated ineffectual; and
NO.
to the wound
If disease is combined YES. Mortal wound is a Inadequate
force with wound contributing factor to It means is insufficient (e.g. small quantity of poison).
victim’s death.
Ineffectual
NOTE: A mortal wound It means employed did not produce the result
is a contributing factor expected (e.g. pressed the trigger of the gun not
when : knowing that it is empty).
i. The wound is
sufficient to Inherent impossibility of its accomplishment:
cause the victim’s a.Legal impossibility – where the intended acts,
death along with even if completed would not amount to a crime.
the disease E.g. Stealing a property that turned out to be owned
ii. The mortal by the stealer (See Gemma T. Jacinto vs. People of
wound was the Philippines, G.R. No. 162540, July 13, 2009).
caused by b.Physical impossibility – When extraneous
actions circumstances unknown to the actor or beyond his
committed by the control prevent the consummation of the intended
accused crime. E.g. When one tries to murder a corpse
When the death was caused by an infection (See Sulpicio Intod vs Honorable Court of Appeals
of the wound due to the unskilled medical and People of the Philippines G.R. No. 103119
treatment from the doctors October 21, 1992).
If the wound is mortal YES. Unskilled
4. That the act performed should NOT constitute a
treatment and infection
violation of another provision of the RPC.
are NOT efficient
intervening causes
The crime committed is an impossible crime and not
If the wound is slight NO. Unskilled
attempted murder. Intod, Pangasian, Tubio and Daligdig
treatment and infection
fired at the room of Palangpanga. It turned out, however,

10 | C r i m i n a l L a w
that Palangpangan was in another City and her home
was then occupied by her son-in-law and his family. No
one was in the room when the accused fired the shots.
No one was hit by the gun fire. There is factual
impossibility in this case. It occurs when extraneous
circumstances unknown to the actor or beyond his
control prevent the consummation of the intended
crime. One example is the man who puts his hand in the
coat pocket of another with the intention to steal the
latter's wallet and finds the pocket empty. In this case,
Intod shoots the place where he thought his victim would
be, although in reality, the victim was not present in said
place and thus, the petitioner failed to accomplish his end
(Intod v. CA 285 SCRA 52).
Felonies against persons are: (MHPI-DRAP)
1. Murder (Art. 248)
2. Homicide (Art 249)
3. Parricide (Art. 246)
4. Infanticide (Art 255)
5. Duel (Arts 260 and 261)
6. Rape (Art. 266-A)
7. Abortion (Arts. 256, 257, 258 and 259)
8. Physical Injuries (Arts 262, 263, 264, 265 and 266)
Felonies against property are: (BRUCT-SCAM)
1. Robbery (Arts. 294, 297, 298, 299, 300, 302 and 303)
2. Brigandage (Arts. 306 and 307)
3. Theft (Arts. 308, 310, and 311)
4. Usurpation (Arts. 312 and 313)
5. Culpable Insolvency (Art. 314)
6. Swindling and other deceits (Arts. 315, 316, 317 and
318)
7. Chattel Mortgage (Art. 319)
8. Arson and other crimes involving destruction (Arts.
320, 321, 322, 323, 324, 325, and 326)
9. Malicious Mischief (Arts. 327, 328, 329, 330 and 321)
Purpose of punishing impossible crimes: To suppress
criminal propensity or criminal tendencies.
Notes:
a. Felony against persons or property should not be
actually committed, for otherwise, he would be liable for
that felony; there would be no impossible crime to speak
of.
b. There is no attempted or frustrated impossible crime. It
is always consummated and applies only to grave or less
grave felonies.
c. Under Article 59, the penalty for impossible crimes is
arresto mayor or a fine ranging from 200-500 pesos.
11
ARTICLE 5
DUTY OF THE COURT
Par. 1. Acts which should be repressed but which are
not covered by law.
Requisites:
1. The act committed by the accused appears NOT
punishable by any law;
2. But the court deems it proper to repress such act;
3. In that case, the court must render the proper decision
by dismissing the case and acquitting the accused;
and
4. The judge must then make a report to the Chief
Executive, through the Secretary of Justice, stating the
reasons which induce him to believe that the said act
should be made the subject of penal legislation.
The Philippines does not subscribe to the common law
crimes system. Under this article, if an act should be
repressed but there is no law punishing the same, the
proper decision of acquittal must be made. This is in
consonance with the maxim nullem crimen nulla poena
sine lege.
Par. 2. Excessive Penalties
Requisites:
1. The court after trial finds the accused guilty;
2. The penalty provided by law and which the court
imposes for the crime committed appears to be
clearly excessive because:
a. the accused acted with lesser degree of malice,
and/or
b. there is no injury or the injury caused is of lesser
gravity;
3. The court should not suspend the execution of the
sentence; and
4. The judge should submit a statement to the Chief
Executive, through the Secretary of Justice,
recommending executive clemency.
The court must impose the penalty prescribed for the
crime committed although it finds the penalty too harsh
considering the conditions surrounding the commission
of the crime. The most the judge could do is to
recommend to the Chief Executive to grant executive
clemency.
Par. 2 not applicable to the offense defined and
penalized by a special law.

ARTICLE 6
CONSUMMATED, FRUSTRATED &
ATTEMPTED FELONIES
Formal Crimes or Crimes of Effect
These are felonies which by a single act of the accused
consummates the offense as a matter of law (i.e.
physical injuries, acts of lasciviousness, attempted flight
to an enemy country, coercion, slander, illegal exaction).
Material crimes
These are crimes which involve the three stages of
execution.
Stages of execution: (does NOT apply to crimes under
special laws unless otherwise provided, crimes by
omission, and formal crimes)
1. Consummated felony
When all the elements necessary for its execution and
accomplishment are present.
2. Frustrated Felony
Elements:
a. The offender performs all the acts of execution;
b. All the acts performed would produce the felony as a
consequence; (belief of accused as to whether or
not he had performed all acts of execution is
immaterial)
c. But the felony is not produced; and
d. By reason of causes independent of the will of the
perpetrator.
What crimes do not admit of frustrated stage?
They are those which, by the definition of a frustrated
felony, the offender cannot possibly perform all the
acts of execution to bring the desired result without
consummating the offense.
Examples:
a. Rape, since the gravamen of the offense is carnal
knowledge, hence, no matter how slight the
penetration, the felony is consummated.
b. Indirect Bribery, because it is committed by
accepting gifts offered to the public officer by
reason of his office. If he does not accept, he does
not commit the crime. If he accepts, it is
consummated.
c. Direct Bribery.
d. Corruption of Public Officers, because the offense
requires the concurrence of the will of both parties,
such as that when the offer is accepted, the offense
is consummated. But when the offer is rejected, the
offense is merely attempted.
e. Adultery, because the essence of the crime is
sexual congress.
f. Physical Injury, since it cannot be determined
whether the injury will be slight, less serious, or
serious unless and until consummated.
g. Theft, because the unlawful taking immediately
consummates the offense and the disposition of
the thing is not an element thereof.
3. Attempted Felony
Elements:
a. The offender commences the commission of the
felony directly by overt acts;
b. He does not perform all the acts of execution which
should produce the felony;
c. He is not stopped by his own spontaneous
desistance; and
d. The non-performance of all acts of execution was
due to a cause or accident other than the offender’s
own spontaneous desistance.
Overt acts
a. These are some physical activity or deed, indicating
intention to commit a particular crime.
b. 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 (Reyes, 2008, p. 87).
Felony is deemed commenced by overt acts when
the following are present:
a. That there be external acts;
b. Such external acts have direct connection with the
crime intended to be committed.
Indeterminate Offense
It is one where the purpose of the offender in
performing an act is not certain. The accused may be
convicted of a felony defined by the acts performed by
him up to the time of desistance.
In the case of People vs. Lamahang, Aurelio
Lamahang was caught opening with an iron bar a wall
of a store of cheap goods in Fuentes St. Iloilo. He
broke one board and was unfastening another when a
patrolling police caught him. Owners of the store were
sleeping inside store as it was early dawn.
The attempt to commit an offense which the Penal
Code punishes is that which has a logical relation to a
particular, concrete offense; that, which is the
12 | C r i m i n a l L a w
 beginning of the execution of the offense by overt acts
of the perpetrator, leading directly to its realization and
consummation. The attempt to commit an
indeterminate offense, inasmuch as its nature in
relation to its objective is ambiguous, is not a juridical
fact from the standpoint of the Penal Code. There is no
doubt that in the case at bar it was the intention of the
accused to enter Tan Yu's store by means of violence,
passing through the opening which he had started to
make on the wall, in order to commit an offense which,
due to the timely arrival of policeman Tomambing, did
not develop beyond the first steps of its execution.
Desistance
It is an absolutory cause which negates criminal
liability because the law encourages a person to desist
from committing a crime.
Note: The spontaneous desistance of the offender
negates only the attempted stage but not necessarily
all criminal liability. If the desistance was made when
acts done by him already resulted to a felony, that
offender will still be criminally liable for the felony
brought about by his act (Ortega, 2009).
Kinds of Desistance
Legal Desistance Factual Desistance
Definition
Desistance referred Actual desistance of the
to in law which actor; the actor is still
would obviate liable for the attempt.
criminal liability
unless the overt or
preparatory act
already committed in
themselves
constitute a felony
other than what the
actor intended.
Time or Period Employed
Desistance made Desistance made after
during the attempted the attempted stage of
stage. the crime.
Two Stages in the Development of a Crime:
1. Internal acts:
a. Such as mere thoughts or ideas in the mind of
person.
b. Not punishable.
2. External acts cover:
a. Preparatory acts – ordinarily not punished except
when considered by law as independent crimes (e.g.
Art. 304, Possession of picklocks and similar tools).
b. Acts of Execution – punishable under the RPC.
13
Attempted stage
It marks the commencement of the subjective phase.
Subjective Phase
It is that portion of the acts constituting the crime,
starting from the point where the offender begins the
commission of the crime to that point where he has still
control over his acts, including their (acts) natural
course.
If between those two points the offender is stopped by
reason of any cause outside of his own voluntary
desistance, the subjective phase has not been passed
and it is an attempt.
If he is not so stopped but continues until he performs
the last act, it is frustrated.
Frustrated stage
It is the end thereof and the start of the objective
phase.
Objective Phase
It is the result of the acts of the execution, that is, the
accomplishment of the crime.
If the subjective and objective phases are present,
there is a consummated felony.
The spontaneous desistance of the accused is
exculpatory only:
a. if made during the attempted stage, and
b. provided that the acts already committed do not
constitute any offense.
Factors in determining stage of execution of felony:
(MEN)
1. Manner of committing the felony;
2. Elements constituting the felony;
3. Nature of the offense.
Murder/Homicide/Parricide/Infanticide (MHPI):
1. With intent to kill, but no mortal wound is inflicted –
attempted.
2. With intent to kill, and mortal wound is inflicted but
victim does not die – frustrated.
3. The moment the victim dies, intent to kill is
conclusively presumed – consummated.
Rules on crimes against persons (MHPI) and stages In attempted rape, there is the intent to have carnal
of execution: knowledge or sexual intercourse. In acts of
Gravity lasciviousness there is none.
Death Intent to Crime
of the
Results Kill Committed
wound There is NO crime of frustrated rape, only a frustrated
Pre- Mortal rapist. The case of People vs. Eriña was an exception
Yes Consummated since the victim was only 3 years old.
sumed wound
No Yes Mortal Frustrated (MHPI)
Non-
No Yes Attempted MHPI Examples of Common Crimes and their Stages of
mortal
Overt act Execution:
No Yes only – no Attempted MHPI Consummated Frustrated Attempted
wound Arson
Mortal Serious physical The tools
No No
wound injuries used alone The tools to
Non- Less serious/ Any part of the are on fire, or be used for
No No mortal slight physical building burned, a furniture or committing
wound injuries even if only a thing not the crime are
small portion. attached to in the
Robbery/ Theft the building is building.
a. Both crimes are committed by the taking of the on fire.
personal property of another and with the intent to Estafa
gain. The money No money
b. The difference is that in robbery, there is the use of Deceit and taken has not was taken
force or violence. Damage on the been yet, only
c. So long as there is possession of the property, no victim are present. “damaged” or deceit is
matter how momentary it may be, the crime is spent. present.
consummated.
d. In robbery by the use of force upon things, since the Attempted Frustrated Impossible
offender must enter the building to commit the crime, Evil intent is not Evil intent is not Evil intent is
he must be able to carry out of the building the thing accomplished. accomplished. not
taken to consummate the crime. accomplished.
e. In robbery with violence against or intimidation of
persons, the crime is consummated the moment the Evil intent is Evil intent is Evil intent
offender gets hold of the thing taken and/or is in a possible of possible of cannot be
position to dispose of it freely. accomplishment accomplishment. accomplished.
f. It does not matter how long the property was in the .
possession of the accused; it does not matter whether What prevented What prevented Evil intent
the property was disposed or not; what is important is the accomplish- the accomplish- cannot be
whether or not there was asportacion or unlawful ment is the ment are causes accomplished
taking. intervention of independent of because it’s
certain cause or the will of the inherently
Rape accident in perpetrator impossible of
The crime of rape is consummated by mere penetration which the accomplishme
of the male organ no matter how slight or superficial. offender had no nt or the
part. means
Instances where there is attempted rape: employed by
a. When the skirt of the victim has been lifted no matter the offender is
what position; inadequate or
b. When the accused mounted on the body of the victim; ineffectual.
c. When there is epidermal touching of the genital organs
of the accused and the victim.

14 | C r i m i n a l L a w
 ARTICLE 8
CONSPIRACY AND PROPOSAL
TO COMMIT FELONY
ARTICLE 7
LIGHT FELONIES General Rule: Mere conspiracy or proposal to commit a
felony is not punishable since they are only preparatory
Light Felonies acts.
These are those infractions of law for the commission of
which the penalty of arrestomenor or fine not exceeding Exception: In cases in which the law specially provides
200 pesos, or both, is provided (Art. 9, par. 3). a penalty therefor.

General Rule: Light felonies are punishable only when Conspiracy

they have been consummated.
Reason: They produce light, insignificant moral and
material injuries that public conscience is satisfied with
providing a light penalty for their consummation. If they
are not consummated the wrong done is so slight that
there is no need of providing a penalty at all (Albert)
(Reyes, 2006, p. 121).
Exception: If committed against persons or property,
punishable even if attempted or frustrated.
It exists when two or more persons come to an
agreement concerning the commission of a felony and
decide to commit it.
Agreement may be oral or written, express or implied.
Requisites of Conspiracy:
1. That 2 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 was decided upon.

Reason for the exception: Such commission There must be participation with a criminal resolution
presupposes moral depravity. because simple knowledge thereof by a person may only
a. The exception with regard to crimes against persons is make him liable as an accomplice (People vs. Comadre,
actually unnecessary, as the only light felony against G.R. No.153559, June 8, 2004).
persons is slight physical injuries which in the first
place is always consummated. The law specially provides penalty for mere conspiracy
b. The exception can apply however to attempted or in:
frustrated light felonies against property BUT only (Under RPC) TRICSM
principal and accomplices are criminally liable while 1. Treason, (Art. 115)
accessories are exempt. 2. Rebellion, (Art. 136)
3. Insurrection, (Art. 136)
Light Felonies under RPC: (STAMI) 4. Coup d’ etat, (Art. 136)
1. Slight physical injuries (Art. 266) 5. Sedition, (Art. 141)
2. Theft (Art. 309, par. 7 and 8) 6. Monopolies and combinations in restraint of trade. (Art.
When the value of thing stolen is less than five pesos 186)
and theft is committed under the circumstances
enumerated under Article 308 par. 3 (Under special laws)
3. Alteration of boundary marks (Art. 313) 1. Espionage,
4. Malicious mischief (Art. 328, par. 3; Art. 329, par. 3) 2. Highway robbery,
When the value of the damage does not exceed two 3. Illegal association,
hundred pesos or cannot be estimated. 4. Selected acts committed under the Dangerous Drugs
5. Intriguing against honor (Art. 364) Act,
5. Arson, and
Note: For light felonies, the only ones who can be held 6. Terrorism under the Human Security Act.
liable are the principals and accomplices.
Conspiracy as a felony, distinguished from
conspiracy as a manner of incurring criminal liability.
As a Manner of Incurring
As a Felony
Criminal Liablity
Conspirators should not If the conspirators commit it,
actually commit say, treason, they will be held

15
treason, rebellion, etc.,
liable for treason, and the Proposal to Commit a Felony
it being sufficient that
conspiracy which they had It is when the person who has decided to commit a felony
two or more persons before committing treason is proposes its execution to some other person or persons.
agree and decide to only a manner of incurring
commit it. criminal liability, not treated as Requisites of Proposal:
a separate offense. 1. That a person has decided to commit a felony
Felony relates to a Conspiracy is not treated as a (Decision); and
crime actually separate offense but used to 2. That he proposes its execution to some other person
committed. determine the liability of the or persons (Proposal).
offenders.
In conspiracy, the act of one is RPC specially provides penalty for mere proposal in
the act of all. (TRIC)
1. Treason,
General Rule: When conspiracy is established, all who 2. Rebellion,
participated therein, irrespective of the quantity or quality 3. Insurrection, and
of his participation is liable equally, whether conspiracy is 4. Coup d’ etat.
pre-planned or instantaneous.
There is no criminal proposal when:
Exception: Unless one or some of the conspirators 1. The person who proposes is NOT determined to
committed some other crime which is not part of the commit the felony;
intended crime. 2. There is no decided, concrete and formal proposal but
a mere suggestion;
Exception to the Exception: When the act constitutes a 3. It is not the execution of a felony that is proposed.
“single indivisible offense.”
It is not necessary that the person to whom the proposal
Doctrine of Implied Conspiracy is made agrees to commit TRIC, what constitutes the
Conspiracy may be inferred if it is proven that two or felony is the making of the proposal.
more persons aimed their acts towards the
accomplishment of the same unlawful object, each doing
a part so that their acts although apparently independent ARTICLE 9
were in fact connected and cooperative, thus indicating a CLASSIFICATION OF FELONIES
closeness of personal association and a concurrence of ACCORDING TO GRAVITY
sentiment.

It is enough that at the time of the commission of the Grave felonies

offense, the offenders acted in concert, each doing his Felonies to which the law attaches the capital
part to fulfill their common design. punishment or penalties which in any of their periods are
There is unity of purpose and unity in the execution of the afflictive, in accordance with Art. 25 of the Code.
offense. These are:
1. Reclusion perpetua,
In determining whether there is an implied conspiracy, it 2. Reclusion temporal,
must be based on: 3. Perpetual or Temporary Absolute Disqualification,
1. Overt acts done before, during or after the commission 4. Perpetual or Temporary Special Disqualification,
of the crime; or 5. Prision mayor,
2. Words, remarks or language used before, during or 6. Fines more than Php 6000.
after the commission of the crime.
a. They must be distinct from each other, independent Less grave felonies
or separate. Felonies which the law punishes with penalties which in
b. They must be closely associated, closely related, their maximum period are correctional, in accordance
closely linked, and coordinated. with Art. 25 of the Code.
c. They must be for a common criminal design, joint These are:
criminal interest, unity of criminal purpose, or 1. Prision correccional,
concerted action, geared towards the attainment of 2. Arresto mayor,
the felony. 3. Suspension,
4. Destierro,

16 | C r i m i n a l L a w
5. Fines equal to or more than Php 200 but less than Php
6000.
Light felonies
Those infractions of law for the commission of which the
penalty of arrestomenor or a fine not exceeding 200
pesos, or both, is provided.
Importance of Classification
1. To determine whether these felonies can be
complexed or not.
2. To determine the prescription of the crime and the
prescription of the penalty.
ARTICLE 10
OFFENSES NOT SUBJECT
TO THE PROVISIONS OF THE RPC
General Rule: RPC provisions are supplementary to
special laws.
Exceptions:
1. Where the special law provides otherwise.
2. When the provisions of the RPC are impossible of
application, either by express provision or by
necessary implication.
Thus, when the special law adopts the penalties
imposed in the RPC, such as reclusion perpetua or
reclusión temporal, the provisions of the RPC on
imposition of penalties based on stage of execution,
degree of participation, and attendance of mitigating
and aggravating circumstances may be applied by
necessary implication.
CHAPTER TWO
JUSTIFYING CIRCUMSTANCES AND
CIRCUMSTANCES WHICH EXEMPT
FROM CRIMINAL LIABILITY
(ARTS. 11-12)
Five circumstances affecting criminal liability:
1. Justifying circumstances; Art. 11, RPC (6); R.A. 9262
VAWC
2. Exempting circumstances; Art. 12, RPC (7)
3. Mitigating circumstances; Art. 13, RPC (10)
4. Aggravating circumstances; Art. 14, RPC (21)
5. Alternative circumstances; Art. 15, RPC (3)
Other circumstances found elsewhere in the RPC:
1. Absolutory cause – the effect is to absolve the
offender from criminal liability, although not from civil
liability.
17
2. Extenuating circumstances - the effect is to mitigate
the criminal liability of the offender and has the same
effect as mitigating circumstances (i.e. Concealment of
dishonor in the crime of infanticide insofar as the
mother and maternal grandparents are concerned, the
penalty is lowered by two degrees; the crime of
adultery committed by a married woman abandoned by
her husband)
Imputability
It the quality by which an act may be ascribed to a
person as its author or owner. It implies that the act
committed has been freely and consciously done and
may therefore be put down to the doer as his very own.
Responsibility
It is the obligation of taking the penal and civil
consequences of the crime.
Guilt
It is an element of responsibility, for a man cannot be
made to answer for the consequences of a crime unless
he is guilty.
ARTICLE 11
JUSTIFYING CIRCUMSTANCES
Justifying Circumstances
Those where the act of a person is said to be in
accordance with law, so that such person is deemed not
to have transgressed the law and is free from both
criminal and civil liability. There is no civil liability, except
in par. 4 of Art. 11 where the civil liability is borne by the
persons benefited by the act.
An affirmative defense, hence, the burden of proof is on
the accused who must prove it by clear and convincing
evidence.
There is both NO crime and NO criminal.
Basis: Lack of criminal intent.
Par. 1. Self-Defense
Rights included in self-defense:
Self-defense includes not only the defense of the person
or body of the one assaulted but also that of his rights,
the enjoyment of which is protected by law. Thus, it
includes:
1.The right to honor. Hence, a slap on the face is
considered as unlawful aggression since the face
represents a person and his dignity. It is a serious
 personal attack; a physical assault, coupled with a
willful disgrace; and it may, therefore, be frequently
regarded as placing in real danger a person’s dignity,
rights and safety (Rugas vs. People, GR No. 147789,
Jan. 14, 2004).
2. The defense of property rights can be invoked if there
is an attack upon the property although it is not
coupled with an attack upon the person of the owner of
the premises. All the elements for justification must
however be present (People vs. Narvaez, 121 SCRA
389, 1983).
Subjects of Self-Defense: (PRPH)
a. Defense of Person
b. Defense of Rights
c. Defense of Property
d. Defense of Honor
What is important is not the duality of the attack but
whether the means employed is reasonable to prevent
the attack.
Self Defense is lawful because:
a. Impulse of self-preservation;
b.State cannot provide protection for each of its
constituents.
Stand ground when in the right
The law does not require a person to retreat when his
assailant is rapidly advancing upon him with a deadly
weapon.
Reason: He runs the risk of being attacked in the back
by the aggressor.
Requisites: (URL)
1. Unlawful aggression (condition sine qua non);
Kinds of aggression:
a. Lawful
i. In the exercise of a right
ii. In the fulfillment of a duty
b. Unlawful
2. Reasonable necessity of the means employed to
prevent or repel it (if by a peace officer, reasonable
necessity of the means employed to overcome
opponent); and
3. Lack of sufficient provocation on the part of the person
defending himself.
Unlawful aggression
a. Equivalent to an actual physical assault; or
b. Threatened assault of an immediate and imminent
kind which is offensive and positively strong,
showing the wrongful intent to cause injury.
Actual
The danger must be present, that is, actually in
existence.
Imminent
The danger is on the point of happening. It is not
required that the attack already begins, for it may be
too late.
c. Must come from the person attacked by the
accused.
No unlawful aggression when there was an
agreement to fight.
The challenge to fight must be accepted.
But aggression which is ahead of a stipulated time
and place is unlawful.
d. Not merely oral threats or threatening stance or
posture.
Mere belief of an impending attack is not sufficient.
e. In relation to “mistake of fact,” the belief of the
accused may be considered in determining the
existence of unlawful aggression.E.g. there is self-
defense even if the aggressor used a toy gun,
provided that the accused believed it to be a real
gun.
Reasonable necessity of the means employed
1. It involves two elements, necessity for the course of
action and necessity of the means employed, which
should be reasonable.
2. In determining reasonable means, some factors are
to be considered such as: (PINES)
a. Presence of imminent danger;
b. Emergency to which the person defending himself
has been exposed to;
c. Nature and quality of the weapon used by the
accused compared to the weapon of the
aggression;
d. Impelled by the instinct of self-preservation;
e. Size and/or physical character of the aggressor
compared to the accused and other circumstances
that can be considered showing disparity between
aggressor and accused.
This element should be interpreted liberally in
favor of the law-abiding citizen.
Perfect equality between the weapons used by the one
defending himself and that of the aggressor is not
required, neither is the material commensurability
between the means of attack and defense. Rational
equivalence is enough.
18 | C r i m i n a l L a w
 Reason: Because the person assaulted does not have
sufficient tranquility of mind to think and to calculate.
Retreat of aggressor – aggression ceases; EXCEPT:
when retreat is made to take a more advantageous
position to insure the success of the attack begun,
unlawful aggression continues.
Retaliation Self-defense
Inceptual unlawful Unlawful aggression was
aggression had already still existing when the
ceased when the accused aggressor was injured by
attacked him. the person making the
defense.
There must be no
appreciable time interval
between the unlawful
aggression and the killing.
Under Republic Act 9262, known as the Anti- Violence
against Women and their Children Act of 2004:
Victim-survivors who are found by the courts to be
suffering from Battered Woman Syndrome do not incur
any criminal or civil liability notwithstanding the absence
of any of the elements for justifying circumstances of self-
defense under the RPC. (Sec. 26, R.A. No. 9262) The
law provides for an additional justifying circumstance.
Battered Woman Syndrome
It is a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse.
“Cycle of violence” has three phases: (TAT)
1. The Tension building phase;
2. The Acute battering incident;
3. The Tranquil, loving (or at least non-violent) phase
(People v. Genosa G.R. No. 135981, January 15,
2004).
Four characteristics of the syndrome:
1. The woman believes that the violence was her fault;
2. She has an inability to place the responsibility for the
violence elsewhere;
3. She fears for her life and/or her children’s life; and
4. She has an irrational belief that the abuser is
omnipresent and omniscient.
Only a certified psychologist or psychiatrist can prove the
existence of the Battery Woman Syndrome in a woman.
Battery
19
It is any act of inflicting physical harm upon the woman or
her child resulting to physical and psychological or
emotional distress.
Lack of Sufficient Provocation
Sufficient provocation should not come from the person
defending himself/accused, and it must immediately
precede the aggression.
Defense of property should be coupled with danger to the
person defending oneself; if there is no danger to the
person or the person’s life or limb, defense of property
cannot be invoked.
Par. 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.
Relatives that can be defended: (SADBroSAC4)
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted Brothers and Sisters, or
relatives by Affinity in the same degrees. Death of the
spouse terminates the relationship by affinity.
5. Relatives by Consanguinity within the fourth civil
degree.
The fact that the relative defended gave provocation is
immaterial.
There is no distinction in the Revised Penal Code
whether the descendant should be legitimate or
illegitimate; when the law does not distinguish the courts
cannot distinguish.
Justification: It is found not only upon a humanitarian
sentiment, but also upon the impulse of blood which
impels men to rush, on the occasion of great perils, to the
rescue of those close to them by ties of blood.
Par. 3. Defense of Stranger
Stranger
They are any person not included in the enumeration of
relatives under par. 2 of Art. 11.
Damage to another includes injury to persons and
damage to property.
A person defending his common-law spouse or adopted
child will fall under this paragraph.
Requisites:
1. Unlawful aggression;
2.Reasonable necessity of the means employed to
prevent or repel it; and
3.The person defending was not induced by revenge,
resentment or other evil motive.
Motive is relevant only in this kind of defense.
Justification: The ordinary person would not stand idly
by and see his companion killed without attempting to
save his life.
Par. 4. Avoidance of greater evil or injury
State of Necessity
Article 11, par. 4 – offender deliberately caused damage.
Article 12, par. 4 – offender accidentally caused damage.
Requisites: (EIN)
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.
It is only in this par. (4) that the person defending himself
incurs civil liability, since generally in this article there is
no civil liability on the part of the accused. Such liability is
borne by the person benefited.
Greater evil must not be brought about by the negligence
or imprudence or violation of law by the actor.
The damage caused by the accused in the state of
necessity contemplated here is deliberate, while that in
Par. 4 of Art. 12 is accidentally caused (Regalado, 2009,
p. 57).
Par. 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; and
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.
People vs. Delima (46 Phil 738, 1922) –The deceased
who escaped from prison while serving sentence was
under the oligation to surrender, and had no right, after
evading the service of his sentence to commit assault
and disobedience with a weapon on his hand, which
compelled the policeman to resort to such extreme
means, which although it proved to be fatal, was justified
by the circumstances.
The shooting by prisoner guards of escaping prisoners is
always justified.
A security guard who shot a thief who refused to
surrender is not justified.
The executor of death convicts at the Bilibid Prison
cannot be liable for murder for the executions performed
by him because he was merely acting in lawful exercise
of his office.
Doctrine of “SELF-HELP”
Article 429 of the Civil Code is applicable under this
paragraph. The article states, “The owner or lawful
possessor of a thing has the right to exclude any person
from the enjoyment and disposal thereof. For this
purpose, he may use such force as may be reasonably
necessary to repel or prevent an actual or threatened
unlawful physical invasion or usurpation of his property.
The actual invasion of property may consist of a mere
disturbance of possession or of a real dispossession. If it
is a mere disturbance of possession, force may be used
against it at any time as long as it continues, even
beyond the prescriptive period of forcible entry. If the
invasion consists of a real dispossession, force to regain
possession can be used only immediately after the
dispossession
Par. 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; and
3. That the means used by the subordinate to carry out
said order is lawful.
Par. 6 presupposes that what was obeyed by the
accused was a lawful order; but if the accused complied
with an unlawful order under a mistake of fact, he should
not incur criminal liability (Regalado, 2009, p. 58).
Subordinate is not liable for carrying out an illegal order if
he is not aware of its illegality and he is not negligent.
20 | C r i m i n a l L a w

ARTICLE 12
EXEMPTING CIRCUMSTANCES
Exempting Circumstances (or the Circumstances for
Non-imputability)
Those grounds for exemption from punishment, because
there is wanting in the agent of the crime any of the
conditions which makes the act voluntary, or negligent.
There is a crime but NO criminal.
The burden of proof to prove the existence of an
exempting circumstance lies with the defense.
Basis: The exemption from punishment is based on the
complete absence of intelligence, freedom of action, or
intent, or on the absence of negligence on the part of the
accused.
Par. 1.Imbecility or Insanity
Imbecility
It exists when a person, while of advanced age, has a
mental development comparable to that of children
between two and seven years of age.
Insanity
It exists when there is a complete deprivation of
intelligence or freedom of the will. Mere abnormality of
mental faculties is not enough especially if the offender
has not lost consciousness of his acts.
Insanity and imbecility, to exempt under Par. 1, must be
complete, and they cannot be graduated in degrees of
gravity (Regalado, 2009, p.60).
An insane person is not so exempt if it can be shown that
he acted during a lucid interval. But an imbecile is
exempt in all cases from criminal liability.

People vs. Formigones (87 Phil 661, 1950) –

Justifying Circumstance
It affects the act not the
actor.
The act is considered to
have been done within the
bounds of law; hence,
legitimate and lawful in the
eyes of the law.
Since the act is considered
lawful, there is no crime.
No crime
No criminal
No criminal liability
No civil liability (except Art. There is civil liability
11, par. 4, where there is (except Art. 12, par. 4 and
civil liability)
Contemplates unintentional May be invoked in culpable
acts and hence, are felonies
incompatible with dolo
Exempting Circumstance
It affects the actor not the
act.
The act complained of is
actually wrongful, but the
actor is not liable.
Since the act complained
of is actually wrong there is
a crime but since the actor
acted without
voluntariness, there is no
dolo nor culpa.
There is a crime
No criminal
No criminal liability
7, where there is no civil
liability)
feeblemindedness is not exempting but can be
considered as mitigating.
Somnambulism or sleepwalking must be clearly proven
to be considered as an exempting circumstance under
this Article.
Malignant Malaria affects the nervous system and
causes among others such complication as acute
melancholia and insanity at times, and if clearly proven
will be considered as an exempting circumstance under
this paragraph. (People vs. Lacena, 69 Phil 350)
Two tests of insanity:
1.Test of COGNITION – complete deprivation of
intelligence in committing the crime.
2. Test of VOLITION – total deprivation of freedom of will.
In the Philippines, both cognition and volition tests are
applied. There must be complete deprivation of the
intellect (cognition) or will or freedom (volition)
The defense must prove that the accused was insane at
the time of commission of the crime because the
presumption is always in favor of sanity.
What are the effects of the insanity of the accused?
Time when accused Effect on criminal
suffers insanity liability
At the time of the Exempt from liability.
commission of the
crime.
During trial. Proceedings will be
suspended and

21
 accused is committed
to a hospital.
After judgment or while Execution of judgment
serving sentence. is suspended, the
accused is committed
to a hospital. The
period of confinement
in the hospital is
counted for the
purpose of the
prescription of the
penalty.
The fact that a person behaves crazily is not conclusive
that he is insane. The prevalent meaning of the word
“crazy” is not synonymous with the legal terms “insane,”
“non compos mentis,” “unsound mind,” “idiot,” or
“lunatic.” The popular conception of the word “crazy” is
being used to describe a person or an act unnatural or
out of the ordinary. A man may behave in a crazy
manner but it does not necessarily and conclusively
prove that he is legally so (People vs. Florendo, G.R. No.
136845, October 8, 2003).
Basis: Complete absence of intelligence
Par. 2.& 3. Minority (Amended and superseded by RA
9344)
JUVENILE JUSTICE AND WELFARE ACT OF 2006
(RA 9344)
Child in conflict with the law
It refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under
Philippine laws (Sec. 4e).
1. Minimum age of Responsibility - Under RA 9344
(Juvenile Justice and Welfare Act of 2006), the
following are EXEMPT from criminal liability (Sec. 6):
a. Child 15 years of age or under at the time of the
commission of the offense. The child shall be
however subject to an intervention program
pursuant to Section 20 of the Act.
If after the intervention, there is no reform, the
minor shall be returned to the court for the
promulgation of the decision against the minor;
and then the court shall either decide on the
sentence or extend the intervention.
b. Child above 15 but below 18 who acted without
discernment.
Discernment
It is the mental capacity to understand the
difference between right and wrong as determined
by the child’s appearance, attitude, comportment
and behavior not only before and during the
commission of the offense but also after and
during the trial. It is manifested through:
i. Manner of committing the crime
ii. Conduct of the offender
Discernment Intent
Refers to moral Refers to the desired
significance the person act of the person
ascribes to the act
After initial investigation, the local social worker
may:
a. Proceed in accordance with Section 20 if the
child is fifteen (15) years or below or above
fifteen (15) but below eighteen (18) years old,
who acted without discernment; and
b. If the child is above fifteen (15) years old but
below eighteen (18) and who acted with
discernment, proceed to diversion under the
following without undergoing court proceedings
subject to the following conditions: (Section 23)
i. Where the imposable penalty is not more than
6 years of imprisonment, the
PunongBarangay or law enforcement officer
shall conduct mediation, family conferencing
and conciliation.
ii. Where the imposable penalty exceeds 6
years imprisonment, diversion measures may
be resorted to only by the court.
2. Exemption from criminal liability herein established
does not include exemption from civil liability.
3. Determination of age – The child in conflict with the
law shall enjoy the presumption of minority until he/she
is proven to be 18 years old or older (Section 7, par.1).
The age of a child may be determined from:
a. child's birth certificate,
b. baptismal certificate or
c. any other pertinent documents.
In the absence of these documents, age may be based
on information from the child himself/herself, testimonies
of other persons, the physical appearance of the child
and other relevant evidence.
In case of doubt as to the age of the child, it shall be
resolved in his/her favor.
22 | C r i m i n a l L a w
Any person contesting the age of the child in conflict with
the law may:
a. If the case against the child has not yet been filed – file
a case in a summary proceeding for the determination
of age prior to the filing of the information in any
appropriate court before the Family Court which shall
decide the case within twenty-four (24) hours from
receipt of the appropriate pleadings of all interested
parties.
b. If a case has been fiied against the child in conflict with
the lawand is pending in the appropriate court - file a
motion to determine the age of the child in the same
court where the case is pending. Pending hearing on
the said motion, proceedings on the main case shall be
suspended.
4. The prosecutor shall conduct a preliminary
investigation and file an information upon
determination of probable cause in the following
instances (Section 33):
a. When the child in conflict with the law does not
qualify for diversion.
b. When the child, his/her parents or guardian does not
agree to diversion; and
c. Upon determination by the prosecutor that diversion
is not appropriate for the child in conflict with the
law.
5. Automatic Suspension of Sentence – Once the child
who is under 18 years of age at the time of
commission of the offense is found guilty of the
offense charged, the court shall determine and
ascertain any civil liability which may have resulted
from the offense committees. However, instead of
pronouncing the judgment of conviction, the court
shall place the child in conflict with law under
suspended sentence, without need of application and
impose the appropriate disposition measures as
provided in the Supreme Court Rule on Juveniles in
Conflictwith the Law (Section 38).
6. Upon recommendation of the social worker who has
custody of the child, the court shall order the final
discharge of the child. The discharge of the child in
conflict with the law shall not affect the civil liability
resulting from the commission of the offense (Section
39).
7. Status Offenses – any conduct not considered an
offense or not penalized if committed by an adult shall
not be considered an offense and shall not be
punished if committed by a child
23
8. Offenses not applicable to children – Persons
below 18 years of age shall be exempt from
prosecution for the crime of:
a. Vagrancy and Prostitution (Art. 202, RPC)
b. Mendicancy (P.D. No. 1563)
c. Sniffing of Rugby (P.D. No. 1619)
PROVIDED, that said persons shall undergo appropriate
counseling and treatment program
Summary of Rules
If the judgment is an acquittal, the decision shall
immediately take effect without suspension and the
decision shall be promulgated and pronounced.
If the judgment is conviction, the promulgation of the
decision and the sentence shall be suspended by the
court, the minor shall be ordered to undergo intervention,
which shall have the following effects:
a. If after the intervention, there is reform on the part of
the minor, the minor shall be returned to the court to
dismiss the criminal case and dismiss the charges
against the minor.
b. If after the intervention, there is no reform, the minor
shall be returned to the court for the promulgation of
the decision against the minor; and then the court
shall either decide on the sentence or extend the
intervention.
Note: Only when there is (1) refusal to be subjected to
reformation or (2) when there is failure to reform can the
child be subjected to criminal prosecution and the judicial
system.
Basis: Complete absence or lack of intelligence.
Par. 4. Accident without fault or intention of causing
it
Accident
It is an occurrence that happens outside the sway of our
will, and although it comes about through some act of our
will, it lies beyond the bounds of humanly foreseeable
consequences.
Elements: (LDMW)
1. A person is performing a lawful act;
2. With due care;
3. He causes injury to another by mere accident; and
4. Without fault or intention of causing it.
Basis: Lack of negligence and intent.
Par. 5. A person who acts under the compulsion of
an irresistible force
Elements: (PIT)
1. That the compulsion is by means of physical force;
2. That the physical force must be irresistible; and
3. That the physical force must come from a third person.
Passion and obfuscation cannot amount to irresistible
force.
Basis: Complete absence of freedom.
Par. 7. Insuperable cause
Insuperable cause
It is some motive which has lawfully, morally or physically
prevented a person to do what the law commands.

The force must be so irresistible as to reduce the actor to It applies to felonies by omission.
a mere instrument who acts not only without will but
against his will. Elements: (RFI)
1. That an act is required by law to be done;
The person who used the force or created the fear is 2. That a person fails to perform such act; and
criminally and primarily civilly liable, but the accused who 3. That his failure to perform such act was due to some
performed the act involuntarily and under duress is still lawful or insuperable cause.
secondarily liable (Art. 101).
Examples:
Basis: Complete absence of freedom. The municipal president detained the offended party for
three days because to take him to the nearest justice of
Irresistible Force Uncontrollable Fear the peace required a journey for three days by boat as
Offender uses violence Offender employs there was no other means of transportation (US vs.
or physical force to intimidation or threat in Vicentillo, 19 Phil. 118, 1911).
compel another person compelling another to
to commit a crime. commit a crime. The distance which required a journey for three days was
Must have been made May be generated by a considered an insuperable cause.
to operate directly threatened act directed
upon the person of the to a 3rd person, e.g. Note: Under the law, the person arrested incident to
accused. the wife of the accused arrest must be delivered to the nearest judicial authority
who was kidnapped. at most within 36 hours under Art. 125 RPC; otherwise,
The injury feared may The evil feared must the public officer will be liable delay in the delivery to
be of a lesser degree be greater or at least judicial authorities.
than the damage equal to the damage
caused by the caused to avoid it. A mother who at the time of childbirth was overcome by
accused. severe dizziness and extreme debility, and left the child
in a thicket where said child died, is not liable for
infanticide because it was physically impossible for her to
Par. 6. Uncontrollable fear
take home the child (People vs. Bandian, 63 Phil. 530,
1936).
Elements:
1. That the threat which causes the fear is of an evil
The severe dizziness and extreme debility of the woman
greater than, or at least equal to, that which he is
constitute an insuperable cause.
required to commit; and
2. That it promises an evil of such gravity and imminence
Basis: Lack of intent.
that the ordinary man would have succumbed to it.
Absolutory Causes
Duress as a valid defense should be based on real,
Those where the act committed is a crime but for
imminent, or reasonable fear for one’s life or limb and
reasons of public policy and sentiment, there is no
should not be speculative, fanciful, or remote fear.
penalty imposed.
The compulsion must be of such character as to leave no
opportunity to the accused for escape or self-defense in
Examples of absolutory causes:(DELIMA2-T2)
equal combat.
1. Spontaneous desistance (Art. 6)
2. Attempted or frustrated light felonies (Art. 7)
It must presuppose intimidation or threat, not force or
3. Accessories who are exempt from criminal liability by
violence.
reason or relationship (Art. 20) and in light felonies

24 | C r i m i n a l L a w
4. Slight or less serious physical injuries inflicted under MITIGATING CIRCUMSTANCES
exceptional circumstances (Art. 247)
5. Persons exempt from criminal liability for theft, Mitigating Circumstances
swindling and malicious mischief (Art. 332) Those which if present in the commission of the crime,
6. Instigation do not entirely free the actor from criminal liability, but
7. Trespass to dwelling when the purpose of entering serve only to reduce the penalty.
another’s dwelling against the latter’s will is to prevent
some serious harm to himself, the occupants of the A mitigating circumstance arising from a single fact
dwelling or a third person, or for the purpose of absorbs all the other mitigating circumstances arising
rendering some service to humanity or justice, or when from the same fact.
entering cafes, taverns, inns and other public houses, Ordinary Privileged
while the same are open (Art. 280, par. 2) Source
8. Marriage of the offender and the offended party in
Subsections 2-10 of Subsection 1 of Art.
cases of seduction, abduction, acts of lasciviousness
Art. 13 (RPC). 13 of RPC, Arts. 68,
and rape (Art. 344)
69 and 64 of RPC.
9. Adultery and concubinage if the offended party shall
Paragraphs 1 and 2
have consented or pardoned the offenders.(Art. 344)
are privileged Article 64 applies
mitigating under only when there are
Entrapment is NOT an absolutory cause. A buy-bust
Article 68 as two or more ordinary
operation conducted in connection with illegal drug-
amended by R.A mitigating
related offenses is a form of entrapment.
9344 and Article 69. circumstances
without any generic
Entrapment Instigation Subsection 1 of Art. aggravating
Ways and means areInstigator induces the 13 are ordinary circumstances.
resorted to for the
would-be accused to mitigating
capture of lawbreaker
commit the crime, circumstance, if Art.
in the execution of his
hence he becomes a 49 is not applicable.
criminal plan. co-principal.
As to the effect
The means originates
The law enforcer
from the mind of the
conceives the If not offset (by a It operates to reduce
criminal. commission of the generic aggravating the penalty by one or
crime and suggests to circumstance) it will two degrees.
the accused who operate to have the
adopts the idea and penalty imposed at
carries it into its minimum period,
execution. provided the penalty
Not a bar to the It will result in the is a divisible one.
prosecution and acquittal of the As to offset
conviction of the accused. May be offset by Cannot be offset by
lawbreaker. generic aggravating a generic
circumstance. aggravating
If the one who made the instigation is a private individual, circumstance.
not performing public function, both he and the one
induced are criminally liable for the crime committed: the
former, as principal by induction; and the latter, as
principal by direct participation.
Par. 1. Incomplete justifying or exempting
circumstances
CHAPTER THREE Applies when all the requisites necessary to justify the
CIRCUMSTANCES WHICH MITIGATE act or to exempt from criminal liability are NOT attendant.
CRIMINAL LIABILITY Provided, majority of the requisites are present.

1. “Incomplete self-defense, defense of relatives, and

ARTICLE 13 defense of a stranger” - unlawful aggression must be

25
 present, it being an indispensable requisite. It is
considered ordinary mitigating circumstance if only
unlawful aggression is present. When two of the three
requisities (i.e., unlawful aggression and any one of the
other two), the case should be considered a privileged
mitigating circumstance referred to in Art. 69 of this
Code.
2. “Incomplete justifying circumstance of avoidance
of greater evil or injury” – if any of the last two
requisites (i.e., injury feared be greater than that to
avoid it or there be no other practical and less harmful
means of preventing it)
3.“Incomplete justifying circumstance of
performance of duty” – In People vs. Oanis, when
one of the two requisities under par. 5 of Art. 11 was
present, Article 69 was applied. Thus, when the
justifying or exempting circumstance has two
requisites only, it seems that there is no ordinary
mitigating circumstance in this case but a privileged
mitigating circumstance.
4. “Incomplete justifying circumstance of obedience
to an order” –The order must always be from a
superior.
5. “Incomplete exempting circumstance of minority
over 9 and under 15 years of age” – a minor who is
over 9 years of age and under 15 years old who acted
with discernment, he is entitled to a mitigating
circumstance under Art. 68 but under RA 9344 said
offender is exempt from criminal liability.
6. “Incomplete exempting circumstance of accident”
– under par. 4 of Article 12 there are four requisites,
namely:
a. a person is performing a lawful act;
b. with due care;
c. he causes an injury to another by mere accident;
and
d. without fault or intention of causing it.
If the requisites (b) with due care and (d) without fault
are absent = Art. 365, in effect there is a mitigating
circumstance because the penalty is lower than that
provided for intentional felony
If the requisites (a) a person is performing a lawful act
and (d) without intention of causing the accident are
absent, (positively stated, the person committed an
unlawful act and had the intention of causing the injury)
= intentional felony
7. “Incomplete exempting circumstance of
uncontrollable fear” – If only one of the two requisites
are present there is only a mitigating circumstance. In
People vs. Magpantay (C.A., 46 O.G. 1655 the
accused was entitled to the mitigating circumstance of
grave fear, not entirely uncontrollable, under par. 1 of
Art. 13in connection with par. 16 of Art. 12 of the RPC
the fear of the accused was not entirely uncontrollable
for had he not been so hasty and had he stopped a
few seconds to think, he would have ascertained that
there was no imminent danger.
Par. 2. Over 15 and under 18, if there is discernment
or over 70 years old
It is the age of the accused at the time of the commission
of the crime which should be determined. His age at the
time of the trial is immaterial.
Legal effects of various ages of offender
1. 15 and below – exempting
2. Above 15 but under 18 – exempting unless acted
with discernment. But even with discernment, penalty
is reduced by one (1) degree lower than that imposed.
(Art 68, par. 2, amended by RA 9344)
3. Child in conflict with the law under 18 years of age
who acted with discernment – sentence
suspended.(Art. 192, PD 603 as amended by PD
1179, referred to as Children in Conflict with the Law
under RA 9344)
Child in Conflict with the Law
It refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under
Philippine laws
18 years or over – full criminal responsibility.
70 years or over – mitigating, no imposition of death
penalty; if already imposed, execution of death penalty is
suspended and commuted.
Basis: Diminution of intelligence.
Par. 3. No intention to commit so grave a wrong
(Praeter Intentionem)
Rule for the application:
Can be taken into account only when the facts proven
show that there is a notable and evident disproportion
between the means employed to execute the criminal act
and its consequences. If the resulting felony could be
expected from the means employed, this circumstance
cannot be availed of.
Intention may be ascertained by considering: (WIMB)
26 | C r i m i n a l L a w
1. The weapon used Provocation as
Provocation as
2. The injury inflicted Requisite of
Mitigating
3. The manner it is inflicted Incomplete Self-
Circumstance
4. The part of the body injured Defense
It pertains to its It pertains to its
a. Not applicable to felonies by negligence. absence on the part presence on the part of
b. Not applicable to felonies where intention is of the person the offended
immaterial. defending himself. party.(People v. CA,
c. Not appreciated in murder qualified by treachery. G.R. No. 103613, Feb.
d. Not appreciated in cases where there is no material 23, 2001)
harm done.
Par. 5. Vindication of grave offense
Intent at the time of the commission of the felony, not Requisites:
during the planning stage, should be considered. 1. That there be a grave offense done to the one
committing the felony, his spouse, ascendants,
Basis: Diminution of intent. descendants, legitimate, natural or adopted brothers or
sisters or relatives by affinity within the same degrees;
Par. 4. Provocation or threat 2. That the felony is committed in immediate vindication
of such grave offense.
Provocation
It is any unjust or improper conduct or act of the offended “Immediate” allows for a lapse of time as long as the
party, capable of exciting, inciting or irritating any one. offender is still suffering from the mental agony brought
about by the offense to him.
Requisites: (SOPI)
1. The provocation must be sufficient; “Grave offense” includes any act that is offensive to the
offender or his relatives and the same need not be
SUFFICIENT means adequate to excite a person to unlawful.
commit the wrong and must accordingly be
proportionate to its gravity (People vs. Nabora, 73 Phil The grave offense must be the proximate cause or
434,435, 1941). proximate to the act of the offender.

As to whether or not the provocation is sufficient When the aggression is in retaliation for an insult, injury
depends upon: or threat, the offender cannot successfully claim self-
a. The act constituting the provocation, defense but he can be given the benefit of the mitigating
b. The social standing of the person provoked, circumstance of under the provisions of paragraph 4,
c. The place and time when the provocation is made. Article 13. Provocation must be immediate to the
commission of the crime.
2. It must originate from the offended party;
3. The provocation must be personal and directed to the Factors to determine gravity of offense in
accused; and vindication:
4. That the provocation must be immediate to the act, or 1. Social standing of the person
the commission of the crime. 2. Place
3. Time when the insult was made
The threat should not be offensive and positively strong.
Otherwise, the threat to inflict real injury is an unlawful Basis: Diminution of the conditions of voluntariness.
aggression, which may give rise to self-defense.
Par. 6. Passion or obfuscation
The liability of the accused is mitigated only insofar as it
concerns the harm inflicted upon the person who made Requisites:
the provocation, but not with regard to the other victims 1. That there be an act, both unlawful and sufficient to
who did not participate in the provocation (US v. produce such a condition of mind;
Malabanan, 9 Phil. 262). 2. That said act which produced the obfuscation was
not far removed from the commission of the crime by
Basis: Diminution of intelligence and intent. a considerable length of time, during which the

27
 Passion/Obfuscation Provocation
Provocation Vindication
It is made directly only to The grave offense may Offense which Must immediately
the person committing be committed also engenders perturbation precede the commission
the felony. against the offender’s of mind need not be of the crime.
relatives mentioned by immediate. It is only
law. required that the
The cause that brought The offended party must influence thereof lasts
about the provocation have done a grave until the moment the
need not be a grave offense to the offender crime is committed.
offense. or his relatives The effect is loss of reason and self-control on the
mentioned by law. part of the offender
It is necessary that the The vindication of the
provocation or threat grave offense may be If obfuscation and provocation arose from one and
immediately preceded proximate, which admits the same act, both shall be treated as only one
the act. of an INTERVAL of time. mitigating circumstance.
It is mere spite against It concerns the honor of
the one giving the a person. Passion/Obfuscation Irresistible Force
provocation or threat. It is a mitigating It is an exempting
circumstance. circumstance.
perpetrator might recover his normal equanimity;
and Cannot give rise to Requires physical force.
3. The act causing such obfuscation was committed by irresistible force as it
the victim himself. does not involve physical
force.
A mitigating circumstance only when the same arises Passion or obfuscation is Must come from a third
from lawful sentiments. in the offender himself. person.
Must arise from lawful Is unlawful.
May lawfully arise from causes existing only in the honest sentiments.
belief of the offender.
Passion and obfuscation CANNOT co-exist with:
The act of the offended party must be unlawful or unjust. (VET)
Exercise of a right or fulfillment of duty is not a proper 1. Vindication of grave offense
source of passion and obfuscation. 2. Evident premeditation
3. Treachery
This mitigating circumstance may be appreciated even if
the reported act causing the obfuscation was not true, as Basis: Diminution of intelligence of intent.
long as it was honestly and reasonably believed by the
accused to be true. (People vs. Guhiting, 88 Phil. 672) Par. 7. Surrender and confession of guilt

Mitigating Two mitigating circumstances:

Not Mitigating when: 1. Voluntary surrender to a person in authority or his
circumstance when:
The accused acted The act is committed in agents.
upon an impulse. a spirit of lawlessness. 2. Voluntary confession of guilt before the court prior to
The impulse must be so The act is committed in the presentation of evidence for the prosecution.
powerful that it naturally a spirit of revenge.
produced passion or If both are present, there will be two independent
obfuscation in him. ordinary mitigating circumstances.

Requisites of voluntary surrender: (NSV)

Passion/Obfuscation Provocation 1. That the offender had Not been actually arrested;
Produced by an impulse The provocation must 2. That the offender Surrendered himself to a person in
which may be caused by come from the injured authority or to the latter’s agent; and
provocation. party. 3. That the surrender was Voluntary.

28 | C r i m i n a l L a w

Person in authority
He is one directly vested with jurisdiction which is the
power to govern and to execute the laws, whether as an
individual or as a member of some court or governmental
corporation, board or commission.
Agent of a person in authority
He is one who by direct provision of the law or by
election or by appointment by competent authority, is
charged with the maintenance of public order and the
protection and security of life and property and any
person who comes to the aid of persons in authority (Art.
152, as amended by RA 1978).
When surrender is voluntary
1. Must be spontaneous.
2. Intent of the accused to submit himself unconditionally
to the authorities must be either because:
a. He acknowledges his guilt; or
b. He wishes to save them the trouble and expense
necessarily incurred in his search and capture.
3. The conduct of the accused determines the
spontaneity of the arrest.
4. Intention to surrender without actually surrendering is
not mitigating.
5. Not mitigating when defendant was in fact arrested.
6. It is not required that, to be appreciated, it be prior to
the issuance of a warrant of arrest. (People vs.
Turalba, G.R. No. L-29118, Feb. 28, 1974)
7. Surrender of weapons cannot be equated with
voluntary surrender.
Requisites of voluntary plea of guilty: (SOPO)
1. That the offender spontaneously confessed his guilt;
2. That the confession of guilt was made in open court,
that is, before the competent court that is to try the
case;
3. That the confession of guilt was made prior to the
presentation of evidence for the prosecution; and
4. That the confession of guilt was to the offense charged
in the information.
Plea of guilty is not mitigating in culpable felonies and in
crimes punished by special laws.
Where in the original information the accused pleaded
not guilty, but he pleaded guilty to the amended
information, it is considered a voluntary plea of guilty and
considered a mitigating circumstance.(People vs. Ortiz,
G.R. No. L-19585, Nov. 29, 1965)
Basis: Lesser perversity of the offender.
29
Par. 8. Physical defect of offender
When the offender is deaf and dumb, blind or otherwise
suffering from some physical defect, restricting his
means of action, defense or communication with others.
The physical defect must relate to the offense committed.
E.g. blindness does not mitigate estafa.
“Dumb” – lacking the power of human speech.
This paragraph does not distinguish between the
educated and uneducated person with physical defect.
Basis: Diminution of freedom of action, therefore
diminution of voluntariness.
Par. 9. Illness of the offender
Requisites:
1. That the illness of the offender must diminish the
exercise of his will-power; and
2. That such illness should not deprive the offender of
consciousness of his acts.
Includes illness of the mind not amounting to insanity.
Kleptomania, feeblemindedness, mistaken belief that
killing witches was for public good and illness of nerves
or moral faculty may be considered as mitigating
circumstances under this subparagraph
Basis: Diminution of intelligence and intent.
Par. 10. Similar or Analogous Circumstances
Examples:
1. Impulse of jealousy, similar to passion and
obfuscation.
2. Manifestations of Battered Wife Syndrome, analogous
to an illness that diminishes the exercise of will
power.
3. Over 60 years old with failing sight, similar to over 70
years of age under par. 2.
4. The act of the accused leading the law enforcers to the
place where he buried the instruments he used to
commit the crime is similar to voluntary surrender.
5. Extreme poverty, as similar to a state of necessity,
which may apply to crimes against property but not of
violence, such as murder.
6. Outraged feeling of unpaid creditor, as akin to
vindication or obfuscation.
7. Appeal to the esprit de corps of the accused, as
analogous to passion.
8. Wartime state of confusion resulting in illegal
possession of firearm after the liberation, as being
similar to lack of intent to commit so grave a wrong.
9. Voluntary return of funds malversed by the accused,
as equivalent to voluntary surrender.
10. Testifying for the prosecution without being
discharged from the information, as being like a plea
of guilty.
Circumstances which are neither exempting nor
mitigating:
1. Mistake in the blow or aberratio ictus
2. Mistake in the identity
3. Entrapment
4. Accused is over 18 years of age
5. Performance of righteous action
Specific Mitigating Circumstances
1. Illegal detention (voluntary release within 3 days;
without attaining purpose; before criminal action)
2. Adultery (abandonment of spouse)
3. Infanticide/abortion (intent to conceal dishonor of
mother)
CHAPTER FOUR
CIRCUMSTANCES WHICH AGGRAVATE
CRIMINAL LIABILITY
Aggravating Circumstances
Those which, if attendant in the commission of the crime,
serve to have the penalty imposed in its maximum period
provided by law for the offense or change the nature of
the crime.
Basis: Greater perversity of the offender manifested in
the commission of the felony as shown by:
1. The motivating power itself;
2. The place of the commission;
3. The means and ways employed;
4. The time; or
5. The personal circumstances of the offender, or the
offended party.
Kinds of aggravating circumstances:
1. Generic – those that can generally apply to all crimes
found under subparagraphs 1,2,3 (dwelling), 4, 5, 6,
9, 10, 14, 18, 19, 20 except “by means of motor
vehicle” (12)
a. Advantage taken of public position;
b. Contempt or insult of public authority;
c. Crime committed in the dwelling of the offended
party;
d. Abuse of confidence or obvious ungratefulness;
e. Palace and place of commission of offense ;
f. Nighttime, uninhabited place, or band;
g. Recidivism;
h. Habituality;
i. Craft, fraud, or disguise;
j. Unlawful entry;
k. Breaking of parts of the house;
l. Use of persons under 15 years of age
2. Specific – those which apply only to specific crimes,
such as ignominy in crimes against chastity and
cruelty and treachery which are applicable only to
crimes against persons found under subparagraphs 3
(except dwelling), 15, 16, 17 and 21.
a. Disregard of rank, age, or sex due the offended
party in crimes against persons and honor;
b. Abuse of superior strength or means be employed
to weaken the defense;
c. Treachery in crimes against persons;
d. Ignominy in crimes against chastity;
e. Cruelty in crimes against persons.
3. Qualifying – those that change the nature of the
crime.
a. Alevosia (treachery) or evident premeditation
qualifies the killing of a person to murder.
b. Art. 248 enumerates the qualifying aggravating
circumstances which qualify the killing of a person
to murder.
4. Inherent – those which of necessity accompany the
commission of the crime, therefore not considered in
increasing the penalty to be imposed, such as:
a. Evident premeditation in robbery, theft, estafa,
adultery and concubinage (CRATE);
b. Abuse of public office in bribery;
c. Breaking of a wall or unlawful entry into a house in
robbery with the use of force upon things;
d. Fraud in estafa;
e. Deceit in simple seduction;
f. Ignominy in rape.
5. Special – those which arise under special conditions
to increase the penalty of the offense and cannot be
offset by mitigating circumstances, such as:
a. Quasi-recidivism (Art.160);
b. Complex crimes (Art.48);
c. Error in personae (Art.49);
d. Taking advantage of public position and
membership in an organized/syndicated crime group
(Par. 1[a], Art. 62);
e. Use of unlicensed firearm in homicide or murder.
Generic Aggravating Qualifying
Aggravating
As to its effect
Increases the penalty To give the crime its
which should be proper and exclusive
30 | C r i m i n a l L a w
 imposed upon the name and to place the
accused to theauthor thereof in such a
maximum period but situation as to deserve
without exceeding the no other penalty than
limit prescribed by law. that specially prescribed
by law for said crime.
As to whether it can be offset by a mitigating
circumstance
May be offset by an Cannot be offset by a
ordinary mitigating mitigating circumstance
circumstance since it is since it is considered an
not an ingredient of the ingredient of the crime.
crime.
Rules on aggravating circumstances
1. Aggravating circumstances shall not be appreciated if:
a. They constitute a crime specially punishable by law;
or
b. They are included by the law in defining a crime and
prescribing a penalty therefore.
Example: “That the crime be committed by means of
fire, explosion” (Art. 14, par. 12) is in itself a crime of
arson (Art. 321).
2. The same rule shall apply with respect to any
aggravating circumstance inherent in the crime to
such a degree that it must of necessity accompany
the commission thereof (Art. 62, par. 2).
Example: Evident premeditation is inherent in theft,
robbery, estafa, adultery and concubinage.
3. Aggravating circumstances which arise:
a. From the moral attributes of the offender; or
b. From his private relations with the offended party; or
c. From any personal cause, shall only serve to
aggravate the liability of the principals, accomplices
and accessories as to whom such circumstances
are attendant (Art. 62, par. 3) even if there was
conspiracy.
4. The circumstances which consist:
a. In the material execution of the act, or
b. In the means employed to accomplish it, shall serve
to aggravate the liability of those persons only who
had knowledge of them at the time of the execution
of the act or their cooperation therein.
Exception: When there is proof of conspiracy in
which case the act of one is deemed to be the act of
all, regardless of lack of knowledge of the facts
constituting the circumstance. (Art. 62, par. 4)
31
5. Aggravating circumstances, regardless of its kind,
should be specifically alleged in the information AND
proved as fully as the crime itself in order to increase
the penalty. (Sec. 9, Rule 110, 2000 Rules of
Criminal Procedure)Such circumstances are not
presumed (People v. Legaspi, G.R. Nos. 136164-65,
April 20, 2001).
6. When there is more than one qualifying aggravating
circumstance present, one of them will be appreciated
as qualifying aggravating while the others will be
considered as generic aggravating.
ARTICLE 14
AGGRAVATING CIRCUMSTANCES
Par. 1.That advantage be taken by the offender of his
public position.
Basis: Greater perversity of the offender as shown.
1. By the means of personal circumstance of the
offender.
2. By the means used to secure the commission of the
crime.
Applicable only when the offender is a public officer.
As a means by which he realizes his purpose, the public
officer must use: (IPA)
a. Influence,
b. Prestige or
c. Ascendancy.
It cannot be taken into consideration in offenses where
taking advantage of official position is an integral element
of a crime.
Example: Malversation under Art. 217
There must be deliberate intent to use the IPA thus when
coupled with circumstances where intent is lacking (i.e.,
the crime was attendant of negligence, passion or
obfuscation, vindication, or sufficient provocation) this
aggravating circumstance cannot be appreciated.
It is also inherent in the case of accessories under Art.
19, par. 3 (harboring, concealing, or assisting in the
escape of the principal of the crime), and in crimes
committed by public officers (Arts. 204-245).
RA 7659 provides that crimes committed by a public
officer will be given the penalty prescribed at its
maximum, regardless of the nature and number of
mitigating circumstances.
Par. 2.That the crime be committed in contempt of or Sex of the offended Refers to the female
with insult to the public authorities. party sex, not to the male sex

Basis: Greater perversity of the offender as shown by his The four circumstances enumerated can be considered
lack of respect for the public authorities. singly or together.

Requisites: (ExNoKP) If all the four circumstances are present, they have the
1. That the public authority is engaged in the exercise of weight of one aggravating circumstance only.
his functions;
2. That the public authority is not the person against Disregard of rank, age or sex is essentially applicable
whom the crime is committed; only to crimes against person or honor and has common
3. The offender knows him to be a public authority; and denominator which is the respect due to the offended
4. His presence has not prevented the offender from party
committing the criminal act.
Offender must deliberately offend the rank, age or sex of
Teachers or professors of a public or recognized private the offended party.
school and lawyers are NOT “public authority” within the
contemplation of this paragraph. There must be a difference in the social condition of the
offender and the offended party.
Par 2 of Art. 14does NOT apply when crime is committed
in the presence of an agent of a person in authority only. The aggravating circumstance of disregard of rank,
age, or sex is NOT applicable in the following cases:
Notes: 1. When the offender acted with passion and
Knowledge that a public authority is present is essential. obfuscation.
Lack of such knowledge indicates lack of intention to 2. When there exists a relationship between the offended
insult the public authority. party and the offender.
3. When the condition of being a woman is indispensable
If crime committed is against the public authority while in in the commission of the crime (e.g. abduction,
the performance of his duty, the offender commits direct seduction and rape).
assault without this aggravating circumstance.
Dwelling
Par. 3.That the act be committed: It must be a building or structure, EXCLUSIVELY USED
1. With insult or in disregard of the respect due the FOR REST AND COMFORT. A “combination of a house
offended party on account of his and a store” or a market stall where the victim slept is not
a. rank, a dwelling.
b. age, or
c. sex, or Dwelling includes dependencies, the foot of the staircase
2. That it be committed in the dwelling of the and enclosure under the house.
offended party, if the latter has not given
provocation. The aggravating circumstance of dwelling requires that
the crime be wholly or partly committed therein or in any
Basis: Greater perversity of the offender as shown by: integral part thereof.
1. personal circumstances of the offended party and
2. the place of the commission of the crime Dwelling does not mean the permanent residence or
domicile of the offended party or that he must be the
owner thereof. He must, however, be actually living or
Definitions: dwelling therein even for a temporary duration or
The designation or title purpose.
of distinction used to fix It is not necessary that the accused should have actually
Rank of the offended
the relative position of entered the dwelling of the victim to commit the offense
party
the offended party in (i.e. triggerman fired the shot from outside the house, his
reference to others victim was inside).
May refer to old age or
Age of the offended
the tender age of the
party
victim

32 | C r i m i n a l L a w
Even if the killing took place outside the dwelling, it is
aggravating provided that the commission of the crime
begun in the dwelling.
In People v. Balansi (187 SCRA 566, 1990) it was held
that the victim need not be the owner or occupant of the
dwelling where he was shot.
Dwelling is not included in the qualifying circumstance of
treachery.
What aggravates the commission of the crime in
one’s dwelling:
1. The abuse of confidence which the offended party
reposed in the offender by opening the door to him; or
2. The violation of the sanctity of the home by
trespassing therein with violence or against the will of
the owner.
Dwelling was found aggravating in the following
cases although the crime was committed NOT in the
dwelling of the victims:
1. The victim was raped in the boarding house where
she was a bedspacer;
2. The victims were raped in paternal home where they
were guests at that time;
3. The victims, while sleeping as guests in the house of
another person, were shot to death.
Note: The Code speaks of “dwelling” NOT domicile.
Meaning of provocation in the aggravating
circumstance of dwelling:
The provocation must be: (GSI)
1. Given by the owner of the dwelling,
2. Sufficient, and
3. Immediate to the commission of the crime.
If all these conditions are present, it is NOT an
aggravating circumstance.
The provocation must also have a close relation to the
commission of the crime in the dwelling.
Reason: When it is the offended party who has provoked
the incident, he loses his right to the respect and
consideration due him in his own house.
Dwelling is NOT aggravating in the following cases:
1.When both the offender and the offended party are
occupants of the same house.
Exception: In case of adultery in the conjugal
dwelling, the same is aggravating. However, if the
paramour also dwells in the conjugal dwelling, the
applicable aggravating circumstance is abuse of
confidence.
33
2. When robbery is committed by the use of force upon
things, dwelling is not aggravating because it is
inherent.
But dwelling is aggravating in robbery with violence
against or intimidation of persons because this class of
robbery can be committed without the necessity of
trespassing the sanctity of the offended party’s house.
3.In the crime of trespass to dwelling, it is inherent or
included by law in defining the crime.
4.When the owner of the dwelling gave sufficient and
immediate provocation.
5. The victim is not a dweller of the house.
Par. 4.That the act be committed with
1. Abuse of confidence, or
2. Obvious ungratefulness.
Basis: Greater perversity of the offender as shown by
the means and ways employed.
Par. 4 provides two aggravating circumstances which, if
present in the same case must be independently
appreciated.
Requisites of abuse of confidence: (TAF)
1. That the offended party had Trusted the offender;
2. That the offender Abused such trust by committing a
crime against the offended party;
3.That the abuse of confidence Facilitated the
commission of the crime.
The confidence between the offender and the offended
party must be immediate and personal.
It is not a mere betrayal of trust, since the offended party
must be the one who actually reposed his confidence in
the offender.
Note: Abuse of confidence is inherent in: (STEM)
a. qualified seduction (Art. 337).
b. qualified theft (Art. 310);
c. estafa by conversion or misappropriation (Art. 315);
and
d. malversation(Art. 217);
Requisites of obvious ungratefulness: (TAOU)
1. That the offended party had trusted the offender;
2. That the offender abused such trust by committing a
crime against the offended party;
3. That the act be committed with obvious
ungratefulness.
 In their office Outside of their office
The ungratefulness contemplated by par. 4 must be such The offended party
obvious, clear and manifest ingratitude on the part of the May or may not be the Public authority should
accused. public authority not be the offended
party.
Par. 5.That the crime be committed:
1 In the palace of the Chief Executive, or Par. 6.That the crime be committed
2. In his presence, or 1. In the nighttime, or
3. Where public authorities are engaged in the 2. In an uninhabited place, or
discharge of their duties, or 3. By a band, whenever such circumstance may
4. In a place dedicated to religious worship. facilitate the commission of the offense.
Basis: Greater perversity of the offender as shown by Basis: On the time and place of the commission of the
the place of the commission of the crime, which must be crime and means and ways employed.
respected.
There are three aggravating circumstances in this
Must be dedicated to public religious worship; private paragraph
chapels not included.
When present in the same case and their element are
People vs. Jaurigue (76 Phil. 174, 182) – there must be distinctly palpable and can subsist independently, they
intention to desecrate the place dedicated to public shall be considered separately.
religious worship and hold said worship regularly in said
place. Not applicable when the mitigating circumstances of
passion or obfuscation or sufficient provocation are
The President or Chief Executive need not be in the present in the commission of the crime.
Palace to aggravate the liability of the offender under no.
2 above. As long as he was present, and his presence is When nighttime, uninhabited place or band
known to the accused when he did the crime, there is aggravating:
aggravating circumstance. 1. When it facilitated the commission of the crime
(objective); or
Except for the third which requires that official functions 2. When especially sought for by the offender to insure
are being performed at the time of the commission of the the commission of the crime or for the purpose of
crime, the other places mentioned are aggravating per se impunity (subjective); or
even if no official duties or acts of religious worship are 3. When the offender took advantage thereof for the
being conducted there. purpose of impunity (subjective).
Cemeteries are not considered as place dedicated to the
That period of darkness
worship of God.
beginning at end of dusk
Nighttime
and ending at dawn.
Offender must have intention to commit a crime when he (obscuridad)
Nights are from sunset
entered the place.
to sunrise.
One where there are no
An electoral precinct or polling place during election day
houses at all; a place at
is a place “where public authorities are engaged in the
a considerable distance
discharge of their duties”. Uninhabited place
from town, or where the
(despoblado)
houses are scattered at
Par. 5. Where Public
a great distance from
Authorities are Par. 2. Contempt or
each other.
Engaged in the Insult to Public
Whenever more than
Discharge of their Authorities
three (i.e. at least four)
Duties
armed malefactors shall
Public authorities are in the performance of their Band (en cuadrilla)
have acted together in
duties
the commission of an
Place where public duty is performed offense, it shall be

34 | C r i m i n a l L a w
 deemed committed by a
band.
1. Nighttime
It is necessary that the commission of the crime was
begun and completed at nighttime.
When the place of the crime is illuminated by light,
nighttime is not aggravating. Illumination may come
from moon, torch, or gasera.
It cannot be applied to cases involvingan accidental
meeting, a chance encounter or spurs of the moment.
Circumstance of nocturnity, although not specially
sought for, shall aggravate criminal liability if it
facilitated the commission of the offense or the
offender took advantage of the same to commit the
crime.
It is not considered as an aggravating circumstance
when the crime began at daytime. The commission of
the crime should begin and end at nighttime.
General Rule: Nighttime is absorbed in treachery.
Exception: Where both the treacherous mode of
attack and nocturnity were deliberately decided upon in
the same case, they can be considered separately if
such circumstances have different factual bases. In
People vs. Berdida (G.R. No. L-20183; June 30, 1966),
the Supreme Court ruled that “inasmuch as the
treachery consisted in the fact that the victims' hands
were tied at the time they were beaten, the
circumstance of nighttime is not absorbed in treachery,
but can be perceived distinctly therefrom, since the
treachery rests upon an independent factual basis. A
special case therefore is present to which the rule that
nighttime is absorbed in treachery does no apply.”
2. Uninhabited place
The determining factor for the existence of this
circumstance is the reasonable possibility of the victim
receiving or securing aid from third persons.
This should not be considered when the place where
the crime was committed could be seen and the voice
of the deceased could be heard from a nearby house.
It must appear that the solitude of the place where the
crime was committed was sought in order to better
attain the purpose. It cannot be applied in cases of
chance encounters.
3. Band
35
The four armed persons contemplated in this
circumstance must ALL be principals by direct
participation who acted together in the execution of the
acts constituting the crime. In this case, conspiracy is
presumed.
If one of them was a principal by inducement, the
aggravating circumstance of having acted with the aid
of armed men may be considered.
It absorbs the aggravating circumstances of abuse of
superior strength and use of firearms (except when the
firearm has no license or there is a lack of license to
carry the firearm) if they are present in the commission
of the crime.
This aggravating circumstance is not applicable in
crimes against chastity, but is considered in crimes
against property, crimes against persons, illegal
detention, and treason.
This aggravating circumstance is inherent in
brigandage.
“Arm” may even refer to stone.
When the armed men met up casually with others, and
a crime was thereafter committed, it cannot be
considered as an aggravating circumstance.
Par. 7.That the crime be committed on the occasion
of a conflagration, shipwreck, earthquake, epidemic
or other calamity or misfortune.
Basis: The time of the commission of the crime.
Reason for the aggravation:
In the midst of a great calamity, the offender, instead of
lending aid to the afflicted, adds to their suffering by
taking advantage of their misfortune to despoil them. It is
necessary that the offender took advantage of the
calamity or misfortune.
“Other calamity or misfortune” – refers to other conditions
of distress similar to those preceding in the enumeration.
There should be deliberate intent to take advantage of
this circumstance. It is inapplicable to cases attendant of
negligence or carelessness, passion of obfuscation and
chance encounters
Par. 8.That the crime be committed with the aid of:
1. Armed men, or
2. Persons who insure or afford impunity.
Basis: means and ways of committing the crime
Requisites:
1.That armed men or persons took part in the
commission of the crime, directly or indirectly;
2.That the accused availed himself of their aid or relied
upon them when the crime was committed.
“Armed” – equipped with a weapon (Black’s Law
Dictionary)
This requires that the armed men are ACCOMPLICES
who take part in that minor capacity directly or indirectly,
and not when they were merely present at the crime
scene. Neither should they constitute a band, for then the
proper aggravating circumstance would be “by a band.”
When this aggravating circumstance shall NOT be
considered:
1. When both the attacking party and the party attacked
were equally armed.
2. When the accused as well as those who cooperated
with him in the commission of the crime acted under
the same plan and for the same purpose.
Par. 8. “With the Aid
Par. 6 “By a Band”
of Armed Men”
As to their number
Requires more than At least two
three armed
malefactors (i.e., at
least four)
As to their action
Requires that more This circumstance is
than three armed present even if one of
malefactors shall have the offenders merely
acted together in the relied on their aid, for
commission of an actual aid is not
offense. necessary.
As to their liability
Band members are all Armed men are mere
principals. accomplices.
Mere moral or psychological aid or reliance is sufficient to
constitute this aggravating offense.
If there are four armed men, aid of armed men is
absorbed in employment of a band.
“Aid of armed men” includes “armed women” (People vs.
Licop, 94 Phil. 839, 846).
Persons who insure or afford impunity must have or be in
a position to afford impunity (ex. A judge)
Par. 9.That the accused is a recidivist (reincidencia)
Basis: Greater perversity of the offender, as shown by
his inclination to crimes
Recidivist
He is one who, at the time of his trial for one crime, shall
have been previously convicted by final judgment of
another crime embraced in the same title of the RPC
Note: A Recidivist is entitled to the benefits of the
Indeterminate Sentence Law but is disqualified from
availing credit of his preventive imprisonment.
Requisites: (TC2S)
1. That the offender is on trial for an offense;
2. That he was previously convicted by final judgment of
another crime;
3. That the offender is convicted of the new offense;
4. That both the first and the second offenses are
embraced in the Same title of the Code.
Meaning of “at the time of his trial for one crime”
a. It is employed in its general sense.
b. It is meant to include everything that is done in the
course of the trial, from arraignment until after
sentence is announced by the judge in open court.
c. In recidivism, it is sufficient that the succeeding offense
be committed after the commission of the preceding
offense provided that at the time of his trial for the
second offense, the accused had already been
convicted of the first offense.
d. If both offenses were committed on the same date,
they shall be considered as only one, hence, they
cannot be separately counted in order to constitute
recidivism. Also, judgments of convicted handed down
on the same day shall be considered as only one
conviction.
e. To prove recidivism, it is necessary to allege the same
in the information and to attach thereto certified copy
of the sentences rendered against the accused.
f. Recidivism must be taken into account no matter how
many years have intervened between the first and
second felonies.
g. Even if the accused was granted a pardon for the first
offense, but he commits another felony embraced in
the same title of the Code, the first conviction is still
counted to make him a recidivist, since pardon does
not obliterate the fact of his prior conviction.
h. Example of a recidivist is when the accused was
convicted previously of homicide and was now
convicted of the crime of rape. Both are under Title
Eight of Book Two of the RPC, Crimes against
persons.
i. RA 8353 also known as Anti-Rape Law of 1997
reclassified rape as Crime against persons.
36 | C r i m i n a l L a w
 circumstance. the penalty to be
When the accused is granted: imposed upon the
Pardon Amnesty accused.
Even if the accused In the case of amnesty
was granted a pardon which theoretically Four forms of repetition
for the first offense, the considers the previous Where a person, on
first conviction is still transgressions as not separate occasions, is
Recidivism (par.
counted to make him a punishable. According convicted of two
9,Art. 14) – Generic
recidivist since pardon to Art. 89, amnesty offenses embraced in
Aggravating
does not obliterate the extinguishes the the same title in the
Circumstance
fact of his prior penalty and all its RPC.
conviction. effects. Where the offender has
been previously
Par. 10. That the offender has been previously punished for an offense
Reiteracion or
punished to which the law
Habituality(par. 10,
1. For an offense to which the law attaches an equal attaches an equal or
Art. 14) – Generic
or greater penalty or greater penalty or for
Aggravating
2. For two or more crimes to which it attaches a two crimes to which it
Circustance
lighter penalty. attaches a lighter
penalty.
Basis: Greater perversity of the offender as shown by his Where a person within a
inclination to crimes period of ten years from
the date of his release
Multi-recidivism or
Requisites of reiteracion or habituality:(TPC) or last conviction of the
Habitual delinquency
1. That the accused is on trial for an offense; crimes of serious or less
(Art. 62, par, 5) –
2. That he previously served sentence for another serious physical injuries,
Extraordinary
offense to which the law attaches (not the penalty robbery, theft, estafa or
Aggravating
actually imposed): falsification, is found
Circumstance
a. Equalor greater penalty, or guilty of the said crimes
b. For two or more crimes to which it attaches a lighter a third time or oftener.
penalty than that for the new offense; and Where a person
3. That he is convicted of the new offense. commits felony before
Quasi-recidivism
beginning to serve or
(Art. 160) – Special
If the second offense or crime is punishable under a while serving sentence
Aggravating
special law, it cannot be considered under reiteracion on a previous conviction
Circumstance
because Arts. 13, 14 and 15 of the RPC are not for a felony.
applicable to special law crimes.
Since reiteracion provides that the accused has duly
Reiteracion Recidivism served the sentence for his previous conviction/s, or is
legally considered to have done so, quasi-recidivism
As to the first offense
cannot at the same time constitute reiteracion, hence this
It is necessary that the It is enough that a final aggravating circumstance cannot apply to a quasi-
offender shall have judgment has been recidivist.
served out his rendered in the first
sentence for the first offense. If the same set of facts constitutes recidivism and
offense. reiteracion, the liability of the accused should be
As to the kind of offenses involved aggravated by recidivism which can easily be proven.
The previous and Requires that the
subsequent offenses offenses be included in The court must exercise its discretion in applying this
must not be embraced the same title of the aggravating circumstance in favor of the accused.
in the same title of the Code.
Code. Par. 11.That the crime be committed in consideration
As to frequency of a price, reward or promise.
Not always an Always to be taken into
aggravating consideration in fixing

37
Basis: Greater perversity of the offender, as shown by there been an intent to kill, the crime committed is
the motivating power itself murder, qualified by circumstance that the crime was
committed “by means of fire”.
To consider this circumstance, the price, reward or
promise must be the primary reason or primordial motive “Fire,” “explosion,” and “derailment of locomotive” may be
for the commission of the crime. part of the definition of a particular crime, such as, arson,
crime involving destruction, and damages and
Whose liability is aggravated: obstruction to means of communication. In these cases,
If Alleged as a If Alleged as they do not serve to increase the penalty.
General Qualifying
Circumstance Circumstance A killing committed through any of these qualifies the
Only the liability of the Both the liability of the crime to murder, except if arson was resorted to but
receiver is affected. giver and the receiver without intent to kill, in view of P.D. 1613 which provides
are affected. a specific penalty for that situation.

There must be two or more principals, the one who gave Par. 7 “On the
or offered the price or promise and the one who accepted Par. 12 “By Means of Occasion of a
it, both of whom are principals. Inundation, Fire, etc.” Conflagration,
Shipwreck, etc.
If without previous promise it was given voluntarily after The crime is committed The crime is committed
the crime had been committed, it should not be taken into by means of any such on the occasion of a
consideration for the purpose of increasing the penalty. acts involving great calamity or misfortune.
waste or ruin.
The price, reward or promise need not consist of or refer
to material things or that the same were actually Rules as to the use of fire:
delivered. Act of the Accused Crime Committed
Intent was only to burn Simple arson but with a
It is sufficient that the offer made by the principal by but somebody died specific penalty
inducement be accepted by the principal by direct (Art.326)
participation before the commission of the offense. If fire was used as a Murder
means to kill
Par. 12. That the crime be committed by means of If fire was used to Separate crimes of
(FIPE-SAD) conceal the killing arson and murder/
1. Fire, homicide
2. Inundation,
3. Poison, Par. 13. That the act be committed with evident
4. Explosion, premeditation
5. Stranding of a vessel or intentional damage
thereto, Basis: Reference to the ways of committing the crime
6. By the use of any other artifice involving great because evident premeditation implies a deliberate
waste and ruin, or planning of the act before executing it.
7. Derailment of a locomotive.
Requisites:
Basis: Means and ways employed The prosecution must prove – (TADS)
Inundation 1. The time when the offender determined to commit the
It refers to use of water or causing the water to flood in crime;
the commission of the offense. 2. An act manifestly indicating that the culprit has clung
to his determination;
When another aggravating circumstance already 3. The date and time when the crime was committed, to
qualifies the crime, any of these aggravating compute the lapse of time; and
circumstances shall be considered as generic 4. A sufficient lapse of time between the determination
aggravating circumstance only. and execution, to allow him to reflect upon the
consequences of his act and to allow his conscience to
When there is no actual design to kill a person in burning overcome the resolution of his will.
a house, it is plain arson even if a person is killed. Had

38 | C r i m i n a l L a w
Essence: The execution of the criminal act is preceded Involves the use of
by cool thought and reflection upon the resolution to intellectual trickery or
carry out the criminal intent within a space of time Craft(astucia) cunning on the part of the
sufficient to arrive at a calm judgment (People vs. accused to aid in the
Abadies, GR No. 135975, August 14, 2002). execution of his criminal
design.
There must be sufficient time between the outward acts Insidious words or
and the actual commission of the crime. machinations used to
Fraud (fraude) induce the victim to act in a
Evident premeditation is presumed to exist when manner which would enable
conspiracy is directly established (People vs. Sapigao, the offender to carry out his
et. al., GR No. 144975, June 18, 2003). design.
Disguise (disfraz) Resorting to any device to
Premeditation is absorbed by reward or promise but only conceal identity.
insofar as the inducer is concerned since he obviously
reflected thereon in planning the crime but not the person Fraud Craft
induced since one can be a principal by direct Where there is a direct The act of the accused
participation without the benefit of due reflection. inducement by insidious done in order not to
words or machinations, arouse the suspicion of
In order for evident premeditation to exist, the person
premeditated against must be the same victim of the fraud is present. the victim constitutes
crime. It is not necessary that the victim is identified. It is craft.
sufficient that the victim is determined so as he belongs
to a group or class that may be premeditated against This is characterized by the intellectual or mental
(Ortega, 2009). rather than the physical means to which the criminal
resorts to carry out his design.
If the offender premeditated on the killing of any person,
it is proper to consider against the offender the
aggravating circumstance of premeditation, because Fraud
whoever is killed by him is contemplated in his According to Justice Regalado, the fine distinctions
premeditation. between “craft” and “fraud” would not really be called for
as these terms in Art. 14 are variants of means employed
Evident premeditation, while inherent in robbery, may be to deceive the victim and if all are present in the same
aggravating in robbery with homicide if the premeditation case, they shall be applied as a single aggravating
included the killing of the victim. circumstance.
It is a general rule that evident premeditation is not Craft and fraud may be absorbed in treachery if they
applicable in error in personae or aberratio ictus, except have been deliberately adopted as the means, methods
if there was a general plan to kill anyone to commit the or forms for the treacherous strategy, or they may co-
crime premeditated. exist independently.

Evident premeditation is compatible with the mitigating Fraud is inherent in estafa

circumstance of immediate vindication of a relative for a
grave offense. Disguise
The test of disguise is whether the device or contrivance
resorted to by the offender was intended to or did make
Par. 14 – That (CFD) identification more difficult, such as the use of a mask or
1. Craft, false hair or beard.
2. Fraud, or
3. Disguise be employed Par. 15.That
1. Advantage be taken of superior strength, or
There are three aggravating circumstances under this 2. Means be employed to weaken the defense.
paragraph.
There are two aggravating circumstances under this
Basis: Means employed in the commission of the crime paragraph.

39
 of the victim or tively weaker victim or
Basis: Means employed in the commission of the crime. victims. victims.
What is taken into
Par. 15 enunciates two aggravating circumstances either account here is not the
of which qualifies a killing to murder. number of aggressors
nor the fact that they
To deliberately use are armed, but their
excessive force that is out relative physical
of proportion to the means strength vis-a vis the
Advantage be taken for self-defense available offended party.
to the person attacked.
(People vs. Lobrigas, et. Abuse of superior strength absorbs cuadrilla(“band”).
al., GR No. 147649,
December 17, 2002) Note: The means employed may amount to treachery
The offender employs when the victim is not able to put up any sort of
Means employed to means that materially resistance.
weaken defense weakens the resisting
power of the offended Examples of “means employed to weaken defense”:
party. 1. Where one, struggling with another, suddenly throws a
cloak over the head of his opponent and while in this
No advantage of superior strength in the following: situation he wounds or kills him.
1. One who attacks another with passion and obfuscation 2. One who, while fighting with another, suddenly casts
does not take advantage of his superior strength. sand or dirt upon the latter eyes and then wounds or
2. When a quarrel arose unexpectedly and the fatal blow kills him.
was struck at a time when the aggressor and his
victim were engaged against each other as man to This circumstance is applicable only to crimes against
man. persons, and sometimes against person and property,
such as robbery with physical injuries or homicide.
For abuse of superior strength, the test is the relative
strength of the offender and his victim, whether or not he Par. 16.That the act be committed with treachery
took advantage of his greater strength. (alevosia).

When there are several offenders participating in the Basis: Means and ways employed in the commission of
crime, they must all be principals by direct participation the crime
and their attack against the victim must be concerted and
intended to be so. Treachery (alevosia)
Abuse of superior strength is inherent in the crime of It is present when the offender commits any of the crimes
parricide where the husband kills the wife. against person, employing means, methods or forms in
the execution thereof which tend directly and specially to
Abuse of superior strength is also present when the insure its execution, without risk to himself arising from
offender uses a weapon which is out of proportion to the the defense which the offended party might make.
defense available to the offended party.
Requisites of treachery:
When the victim was alternately attacked, there is no 1. That at the time of the attack, the victim was not in a
abuse of superior strength. position to defend himself; and
2. That the offender consciously adopted the particular
Abuse of Superior means, method or form of attack employed by him.
By a Band
Strength
Appreciated when the The gravamen of abuse The TEST of treachery is not only the relative position of
offense is committed of superiority is the the parties but, more specifically, whether or not the
by more than three taking advantage by the victim was forewarned or afforded the opportunity to
armed malefactors culprits of their make a defense or to ward off the attack.
regardless of the collective strength to
comparative strength overpower their rela- Rules regarding treachery:
1. Applicable only to crimes against persons.

40 | C r i m i n a l L a w
2. Means, methods or forms need not insure
accomplishment of crime.
3. The mode of attack must be consciously adopted.
Treachery is taken into account even if the crime against
the person is complexed with another felony involving a
different classification in the Code.
The suddenness of attack does not, of itself, suffice to
support a finding of alevosia, even if the purpose was to
kill, so long as the decision was made all of a sudden
and the victim’s helpless position was accidental.
Treachery must be appreciated in the killing of a child
even if the manner of attack is not shown.
Treachery is appreciated when the accused employed
means to render the victim defenseless before the
commission of the crime, or to eliminate the risk of
defense on the part of the offended party.
Important questions to answer:
1. Was the attack sudden and unexpected?
2. Did the offended party have opportunity to defend
himself?
3. Was the mode of the attack deliberately or consciously
adopted by the accused to insure execution without
risk to himself? If the answers to all these questions is
YES, then treachery is present.
When must treachery be present:
1. When the aggression is continuous, treachery must
be present in the BEGINNING of the assault (People
vs. Manalad, GR No. 128593, August 14, 2002).
2. When the assault was not continuous, in that there
was interruption, it is sufficient that treachery was
present at the moment the fatal blow was given (US
vs. Baluyot, 40 Phil 385, 1919).
Hence, even though in the inception of the aggression
which ended in the death of the deceased, treachery
was not present, if there was a break in the continuity
of the aggression and at the time of the fatal wound
was inflicted on the deceased he was defenseless,
the circumstance of treachery must be taken into
account.
Alevosia should be considered even if:
1. The victim was not predetermined but there was a
generic intent to treacherously kill any first two
persons belonging to a class. (The same rule obtains
for evident premeditation).
2. There was aberratio ictus and the bullet hit a person
different from that intended.
41
3. There was error in personae, hence the victim was not
the one intended by the accused.
Reason for the rule: When there is treachery, it is
impossible for either the intended victim or the actual
victim to defend himself against the aggression.
Treachery absorbs (CAN-ACE)
1. Craft
2. Abuse of superior strength
3. Nighttime
4. Aid of armed men
5. Cuadrilla (“band”)
6. Employing means to weaken the defense
Treachery cannot co-exist with passion or obfuscation
(People vs. Pansensoy, GR No. 140634, Sept. 12, 2002).
Par. 17.That means be employed or circumstances
brought about which add ignominy to the natural
effects of the act.
Basis: Means employed
Ignominy
It is a circumstance pertaining to the moral order, which
adds disgrace and obloquy to the material injury caused
by the crime
Note: This is inherent in libel and acts of lasciviousness.
Meaning of “which add ignominy to the natural
effects thereof”
The means employed or the circumstances brought
about must tend to make the effects of the crime more
humiliating to victim or to put the offended party to
shame, or add to his moral suffering (People vs.
Carmina, G.R. No. 81404, January 28, 1991).
Injured party must not be dead when the act causing
ignominy was inflicted to him.
Applicable to:
a. Crimes against chastity,
b. Less serious physical injuries,
c. Light or grave coercion, and
d. Murder.
Par. 18.That the crime be committed after an unlawful
entry.
Basis: Means and ways employed to commit the crime
Unlawful entry
It is when an entrance (and not for escape) is effected themselves of minors taking advantage of their
by a way not intended for the purpose. irresponsibility.

Reason for aggravation: One who acts, not respecting 2. By means of motor vehicles, airships, or other similar
the walls erected by men to guard their property and means.
provide for their personal safety, shows a greater
perversity, a greater audacity; hence, the law punishes Intended to counteract the great facilities found by
him with more severity. modern criminals in said means to commit crime and
flee and abscond once the same is committed.
Unlawful entry is inherent in:
1. Robbery with the use of force upon things; Use of motor vehicle is aggravating where the
2. Trespass to dwelling. accused purposely and deliberately used the motor
vehicle in:
Par. 19 .That as a means to the commission of a a. going to the place of the crime,
crime, a (WaRooFDoW) b. carrying away the effects thereof, and
1. Wall, c. in facilitating their escape.
2. Roof,
3. Floor, Meaning of “or other similar means”
4. Door, or Should be understood as referring to motorized vehicles
5. Window be broken. or other efficient means of transportation similar to
automobile or airplane.
Basis: Means and ways employed to commit the crime
Par. 21.That the wrong done in the commission of
This circumstance is aggravating only in those cases the crime be deliberately augmented by causing
where the offender resorted to any of said means to other wrong not necessary for its commission.
enter the house.
Basis: Ways employed to commit the crime
Par. 19 Par. 18
It involves the breaking Presupposes that Cruelty
(rompimiento) of the there is no such It is cruelty when the culprit enjoys and delights in
enumerated parts of breaking as by entry making his victim suffer slowly and gradually, causing
the house. through the window unnecessary physical pain in the consummation of the
criminal act.
If the offender broke a window to enable himself to reach
Requisites of cruelty:
a purse with money on the table near that window, which
1. That the injury caused be deliberately increased by
he took while his body was outside of the building, the
causing other wrong;
crime of theft was attended by this aggravating
2. That the other wrong be unnecessary for the execution
circumstance. It is not necessary that the offender should
of the purpose of the offender.
have entered the building.
Cruelty is inherent in:
Par. 20. That the crime be committed:
a. Crimes against persons
1. with the aid of persons under fifteen years of age,
b. Mutilation
or
2. by means of motor vehicles, airships, or other
There must be positive proof that the wounds found on
similar means.
the body of the victim were inflicted while he was still
alive in order to unnecessarily prolong physical suffering.
Basis: Means and ways employed to commit the crime
Number of wounds alone does not show cruelty, it being
Two different circumstances grouped in this
necessary to show that the accused deliberately and
paragraph:
inhumanly increased the sufferings of the victims (People
1. With the aid of persons under fifteen years of age.
v. Aguinaldo, 55 Phil. 610, 615-616).
Tends to repress, so far as possible, the frequent
If the victim was already dead when the acts of mutilation
practice resorted to by professional criminals to avail
were being performed, this would also qualify the killing

42 | C r i m i n a l L a w
to murder due to outraging of his corpse. But since the R.A. 7659 by any person who
victim is already dead, cruelty cannot be appreciated in belongs to an
this case. organized/syndicated
crime group.
Ignominy (Par.17) Cruelty (Par. 21) Owner, driver or
- The penalty of life
Involves moral Refers to physical passenger of imprisonment to death is
suffering suffering carnapped vehicle is imposed.
killed or raped
Unlike mitigating circumstances (par. 10, Art. 13), there is
no provision for aggravating circumstances of a similar or Organized/syndicated crime group
analogous character. It is a group of two or more persons collaborating,
confederating or mutually helping one another for the
Other Aggravating Circumstances Under Special purposes of gain in the commission of any crime (Art. 23,
Penal Laws R.A. 7659).

When a crime is Crimes involving gain or profit: (TERI)

committed by an 1. Theft
R.A 9165, offender who is under 2. Estafa
Comprehensive the influence of 3. Robbery
Dangerous Drugs Act dangerous drugs, such 4. Illegal Recruitment.
of 2002 state shall be
considered as a Thus syndicate is not aggravating in:
qualifying aggravating 1. Homicide
circumstance. 2. Murder
1. (Sec. 1, par.3) If 3. Rape
homicide or murder 4. Physical Injuries
is committed with
the use of an Specific Aggravating Circumstances
unlicensed firearm, 1. Violation of domicile (nighttime; papers and effects not
such use of an returned immediately)
unlicensed firearm 2. Interruption of religious worship (violence or threats)
shall be considered 3. Direct assault (weapon, offender is a public officer or
as an aggravating employee; offender lays hands upon a person in
circumstance. authority)
Use of Unlicensed 4. Grave threats (in writing; thru a middleman)
Firearm 2. (Sec. 3) when a 5. Slavery
(PD No. 1866 as person commits any 6. Robbery with violence against or intimidation of
amended by R.A. crime under the persons (uninhabited place, band) EXCEPT: robbery
8294) Revised Penal with homicide or robbery with rape
Code or special 7. Robbery with force upon things (uninhabited place and
laws with the use of by a band)
explosives including
but not limited to ARTICLE 15
pillbox, molotov ALTERNATIVE CIRCUMSTANCES
cocktail bombs,
denotation agents Alternative Circumstances
or incendiary Those which must be taken into consideration as
devices resulting in aggravating or mitigating according to the nature and
the death of a effects of the crime and the other conditions attending its
person, the same is commission.
aggravating.
- The maximum penalty The alternative circumstances are: (RID)
Organized/Syndicated shall be imposed if the 1. Relationship;
Crime Group under offense was committed 2. Intoxication; and
3. Degree of instruction and education of the offender.

43

Relationship
The alternative circumstance of relationship shall be
taken into consideration when the offended party is the
– (SADBroSA)
a. Spouse,
b. Ascendant,
c. Descendant,
d. Legitimate, natural, or adopted brother or sister, or
e. Relative by affinity in the same degree of the
offender.
Other relatives included:
a.The relationship of stepfather or stepmother and
stepson or stepdaughter.
Reason: It is the duty of the stepparents to bestow
upon their stepchildren a mother’s/father’s affection,
care and protection.
b. The relationship of adopted parent and adopted
child.
But the relationship of uncle and niece is not
covered by any of the relationship mentioned.
Application of Alternative Circumstances:
1. CRIMES AGAINST PROPERTY
Mitigating in the crimes against property (RUFA):
a. Robbery (Arts. 294-302),
b. Usurpation (Art. 312),
c. Fraudulent Insolvency(Art. 314)
d. Arson (Arts. 321-322, 325-326).
Exempting circumstance in the crimes of:
a. Theft,
b. Estafa, and
c. Malicious mischief if the offender and the offended
party lives together (Art. 332).
2. CRIMES AGAINST PERSONS
It is aggravating in crimes against persons in cases
where the offended party is a relative of a higher
degree than the offender, or when the offender and the
offended party are relatives of the same level.
a. Serious physical injuries (Art. 263)
i. aggravating even if the offended party is a
descendant of the offender. But the serious
physical injuries must not be inflicted by a parent
upon his child by excessive chastisement.
b. Less serious physical injuries or slight physical
injuries:
i. mitigating if the offended party is a relative of a
lower degree; and
ii. aggravating if the offended party is a relative of a
higher degree of the offender.
c. Homicide or murder: relationship is aggravating
regardless of degree
d. Rape: aggravating where a stepfather raped his
stepdaughter or in a case where a father raped his
own daughter.
3. CRIMES AGAINST CHASTITY
a. Acts of lasciviousness (Art. 336) – relationship is
always aggravating, regardless of whether the
offender is a relative of a higher or lower degree of
the offended party.
When the qualification given to the crime is derived
from the relationship between the offender and the
offended party, it is neither mitigating nor
aggravating, because it is inseparable from and
inherent in the offense (e.g. parricide, adultery and
concubinage).
b. Intoxication; When intoxication mitigating and
when aggravating:
Mitigating Aggravating
If intoxication is not If intoxication is
habitual habitual, or
If intoxication is not If it is intentional
subsequent to the plan (subsequent to the plan
to commit a felony to commit a felony) -
drinks fully, knowing its
effects, to find a
stimulant to commit a
crime or a means to
suffocate any remorse
To be entitled to the mitigating circumstance of
intoxication, it must be shown:
a. That at the time of the commission of the criminal
act, the accused has taken such quantity of
alcoholic drinks as to blur his reason and
deprive him of a certain degree of control; and
b. That such intoxication is not habitual, or
subsequent to the plan to commit the felony.
Habitual Drunkard
He is one given to intoxication by excessive use of
intoxicating drinks
To be mitigating, the accused’s state of intoxication
must be proved. Once intoxication is established by
satisfactory evidence, in the absence of proof to the
44 | C r i m i n a l L a w
 contrary, it is presumed to be non-habitual or
unintentional.
c. Instruction or Education
As an alternative circumstance, does not refer only
to literacy but more to the level of intelligence of the
accused. It refers to the lack of sufficient intelligence
and knowledge of the full significance of one’s acts
Low degree of instruction and education or lack of it
is generally mitigating. High degree of instruction
and education is aggravating, when the offender
took advantage of his learning in committing the
crime.
General Rule: Lack of sufficient education is
mitigating.
Exceptions: (PCTMR)
Crimes against property;(e.g. arson, estafa, theft,
robbery)
i. Crimes against chastity;
ii. Treason – because love of country should be a
natural feeling of every citizen, however unlettered
or uncultured he may be;
iii. Murder; and
iv. Rape (Malesa v. Director of Prisons, 59 Phil. 406,
408).
The classification of the offenders as principal,
accomplice, or an accessory is essential under the RPC.
The classification may be applied to special laws only if
the latter provides for the same graduated penalties as
those provided under the RPC.
Two parties in all crimes:
1. Active subject (the criminal)
Art. 16 enumerates the active subjects of the crime.
Only natural persons can be the active subject of crime
because of the highly personal nature of the criminal
responsibility.
Reasons:
a. Under the RPC, persons act with personal malice or
negligence, artificial persons cannot act with malice
or negligence.
b. A juridical person like a corporation cannot commit a
crime that requires willful purpose or malicious
intent.
c. There is substitution of deprivation of liberty for
pecuniary penalties in insolvency cases.
d. Other penalties like destierro and imprisonment are
executed on individuals only.
2. Passive subject (the injured party)
The holder of the injured right: the man, the juristic
person, the group, and the State

TITLE TWO: PERSONS CRIMINALLY Corporation and partnership can be a passive subject
LIABLE FOR FELONIES of a crime.

ARTICLE 16 General rule:Corpses and animals cannot be passive

WHO ARE CRIMINALLY LIABLE subjects because they have no rights that may be
injured.
For grave and less grave felonies:
1. Principals Exception: Under Art. 253, the crime of defamation
2. Accomplices may be committed if the imputation tends to blacken
3. Accessories the memory of one who is dead.

For light felonies: Art. 16 applies only when the offenders are to be
1. Principals judged by their individual, and not collective, liability.
2. Accomplices
Punishable ONLY WHEN consummated but in crimes
against persons or property, light felonies are punishable ARTICLE 17
in attempted and frustrated stage but only principal and PRINCIPALS
accomplice are liable. Principal by Principal by Principal by
Direct Induction Indispensable
Accessories are NOT liable for light felonies. Participation Cooperation
Those who take a Those who Those who
Reason: In the commission of light felonies, the social direct part in the directly force or cooperate in the
wrong as well as the individual prejudice is so small that execution of the induce others to commission of the
penal sanction is deemed not necessary for accessories. act. commit it. offense by another

45
 act without which it
would not have
been
accomplished.
Par. 1.Principals by direct participation
Requisites:
1. That they participated in the criminal resolution; and
2. That they carried out their plan and personally took
part in its execution by acts which directly tended to
the same end.
When the second requisite is lacking, there is only
conspiracy.
In conspiracy by prior agreement, the principal by
direct participation who does not appear at the scene
of the crime is NOT liable because:
a. His non-appearance is deemed desistance which is
favored and encouraged.
b. Conspiracy is generally not a crime unless the law
specifically provides a penalty therefor. (Art 8)
Thus, by merely conspiring, the would-be
participator has not yet committed any crime unless
he would appear at the scene of the crime and
perform any act directly or indirectly in the
accomplishment of the conspiracy.
c. There is no basis for criminal liability because there
is no criminal participation.
Meaning of “personally took part in its execution”
That the principal by direct participation must be at the
scene of the commission of the crime, personally taking
part in its execution except when there is conspiracy and
the principal by direct participation has already performed
his part prior to the actual commission of the crime.
Par. 2.Principals by induction
Requisites:
1. That the inducement be made directly with the
intention of procuring the commission of the crime;
and
2. That such inducement be the determining cause of the
commission of the crime by the material executor.
One cannot be held guilty of having instigated the
commission of the crime without first being shown that
the crime was actually committed (or attempted) by
another.
Thus, there can be NO principal by inducement (or by
indispensable cooperation) unless there is a principal by
direct participation. But there can be a principal by direct
participation without a principal by inducement (or by
indispensable cooperation).
The inducement must be the determining cause of the
commission of the crime by the principal by direct
participation that is without such inducement, the crime
would not have been committed.
The inducement must precede the act and must be so
influential, hence if there is a price or reward involved,
without prior promise, there can be no inducement.
If the crime committed is not contemplated in the order
given, inducement is not material and not the determining
cause thereof.
Two ways of becoming principal by induction:
1. By directly forcing another to commit a crime by:
a. Using irresistible force.
Irresistible Force
It is such physical force as would produce an effect
upon the individual that in spite of all resistance, it
reduces him to a mere instrument.
b. Causing uncontrollable fear.
Uncontrollable Fear
It is a compulsion by means of intimidation or threat
that promises an evil of such gravity and eminence
that the ordinary man would have succumbed to it
(U.S. vs. Elicanal, 35 Phil 209, 212, 213, 1916).
In these cases, there is no conspiracy, not even a
unity of criminal purpose and intention. Only the one
using the force or causing the fear is criminally
liable. The material executor is not criminally liable
because of Art. 12,pars. 5 and 6 (exempting
circumstances).
2. By directly inducing another to commit a crime by
:
a. Giving of price, or offering of reward or promise.
The one giving the price or offering the reward or
promise is a principal by inducement while the one
committing the crime in consideration thereof is a
principal by direct participation. There is collective
criminal responsibility.
b. Using words of command
The person who used the words of command is a
principal by inducement while the person who
committed the crime because of the words of
46 | C r i m i n a l L a w
 command is a principal by direct participation.
There is also collective criminal responsibility.
Requisites:
i. That the one uttering the words of command must
have the intention of procuring the commission of
the crime;
ii. That the one who made the command must have
an ascendancy or influence over the person
who acted;
iii. That the words used must be so direct, so
efficacious, so powerful as to amount to
physical or moral coercion;
iv. The words of command must be uttered prior to
the commission of the crime; and
v. The material executor of the crime has no
personal reason to commit the crime.
The inducement must precede the act induced and must
be so influential in producing the criminal act that without
it, the act would not have been performed.
If the person who actually committed the crime had
reason of his own to commit the crime, it cannot be said
that the inducement was influential in producing the
criminal act.
Offender who Made
Principal by
Proposal to Commit a
Inducement
Felony
In both
There is an inducement to commit a crime
When liable
Becomes liable The mere proposal to
only when the commit a felony is
crime is committed punishable in treason or
by the principal by rebellion. However, the
direct participation. person to whom the
proposal is made should
not commit the crime,
otherwise, the proponent
becomes a principal by
inducement.
What kind of crime involved
Involves any crime The proposal to be
punishable must involve
only treason, rebellion,
insurrection or coup d’
etat. (TRIC)
Effects of acquittal of principal by direct participation
upon liability of principal by inducement:
a. Conspiracy is negated by the acquittal of co-
defendant.
47
b. One cannot be held guilty of having instigated the
commission of a crime without first being shown that
the crime has been actually committed by another.
But if the one charged as principal by direct participation
is acquitted because he acted without criminal intent or
malice, his acquittal is not a ground for the acquittal of
the principal by inducement.
Reason for the rule: In exempting circumstances, such
as when the act is not voluntary because of lack of intent
on the part of the accused, there is a crime committed,
only that the accused is not a criminal.
Par. 3. Principal by indispensable cooperation
Requisites:
1. Participation in the criminal resolution, that is, there is
either anterior conspiracy or unity of criminal purpose
and intention immediately before the commission of
the crime charged; and
a. Requires participation in the criminal resolution
b. There must be conspiracy
c. Concurrence is sufficient
d. Cooperation is indispensable
2. Cooperation in the commission of the offense by
performing another act, without which it would not
have been accomplished.
a. Cooperation must be indispensable
b. If dispensable, accused is only an accomplice
c. If cooperation is necessary in the execution of the
offense, accused is considered as a principal by
direct participation.
Meaning of “cooperation in the commission of the
offense”
To desire or wish in common a thing. But that common
will or purpose does not necessarily mean previous
understanding, for it can be explained or inferred from
the circumstances of each case.
Collective Criminal Responsibility
This is present when the offenders are criminally liable in
the same manner and to the same extent. The penalty to
be imposed must be the same for all.
Principals by direct participation have collective criminal
responsibility. Principals by induction, except those who
directly forced another to commit a crime, and principals
by direct participation have collective criminal
responsibility. Principals by indispensable cooperation
have collective criminal responsibilities with the principals
by direct participation.
Individual Criminal Responsibility
In the absence of any previous conspiracy, unity of
criminal purpose and intention immediately before the
commission of the crime, or community of criminal
design, the criminal responsibility arising from different
acts directed against one and the same person is
individual and not collective, and each of the participants
is liable only for the act committed by him.
The person charged as an accomplice should not have
inflicted a mortal wound. If he inflicted a mortal wound,
he becomes a principal by direct participation.
In case of doubt, the participation of the offender will be
considered that of an accomplice rather than that of a
principal.

ARTICLE 18 Quasi Collective Responsibility

ACCOMPLICES It is one where some of the offenders in the crime are
principals and the others are accomplices
Accomplices
They are persons who, not acting as principals, Accomplice Conspirator
cooperate in the execution of the offense by previous and In both they know and agree with the criminal
simultaneous acts, which are not indispensable to the design.
commission of the crime. They come to know They come to know
about it after the the criminal intention
They act as mere instruments who perform acts not principals have reached because they
essential to the perpetration of the offense. the decision, and only themselves have
then do they agree to decided upon such
Requisites: cooperate in its course of action.
1. That there be community of design; that is, knowing execution.
the criminal design of the principal by direct They are merely They are the authors
participation, he concurs with the latter’s purpose; instruments who perform of a crime.
acts not essential to the
Mere knowledge of the criminal resolution only and perpetration of the
not concurrence or participation. offense.

2. That he cooperates in the execution of the offense by Principal by

previous or simultaneous acts, with the intention of Indispensable Accomplice
supplying material or moral aid in the execution of the Cooperation
crime in an efficacious way; and Cooperation must be Cooperation is
3. That there be a relation between the acts done by the indispensable. dispensable.
principal and those attributed to the person charged Participation in the Cooperates in the
as an accomplice. criminal resolution, that execution of the
is, there is either offense by previous or
Note: anterior conspiracy or simultaneous acts, with
An accomplice is also known as accessory before the unity of criminal the intention of
fact. purpose and intention supplying material or
immediately before the moral aid in the
The cooperation of an accomplice may be: commission of the execution of the crime
a. by previous act; and crime charged in an efficacious way
b. by simultaneous acts.
ARTICLE 19
His participation should only be necessary but not ACCESSORIES
indispensable.
Accessories
Before there could be an accomplice, there must be a They are those who:
principal by direct participation. 1. Having knowledge of the commission of the crime; and
2. Without having participated therein either as principals
One can be an accomplice even if he did not know of the or accomplices, take part subsequent to its
actual specific crime intended to be committed by the commission in any of the following acts:
principal, provided he was aware that the objective of the a. By profiting themselves or assisting the offender to
acts he was tasked to do was illicit. profit by the effects of the crime.

48 | C r i m i n a l L a w

In profiting by the effects of the crime, the
accessory must receive the property from the
principal. He should not take it without the consent
of the principal. If he took it without the consent of
the principal, he is not an accessory but a principal
in the crime of theft.
Knowledge of the commission of the crime after
acquisition of stolen property is sufficient.
b. By concealing or destroying the body, effects or
instruments of the crime to prevent its discovery.
“Body of the crime” is equivalent to corpus delicti.
Requisites:
i. The fact that the crime was committed; and
ii. The participation of the offender in the
commission of the crime.
c. By harboring, concealing, or assisting in the
escape of the principal of the crime, provided the
accessory acts with abuse of his public functions
or whenever the author of the crime is guilty of
treason, parricide, murder, or an Attempt to take
the life of the Chief Executive, or is known to be
habitually guilty of some other crime.
Two classes of accessories contemplated in par. 3 of
Art. 19:
1. Public officers who harbor, conceal or assist in the
escape of the principal of any crime (not light felony)
with abuse of his public functions.
Requisites:
a. The accessory is a public officer;
b. He harbors, conceals, or assists in the escape of
the principal;
c. The public officer acts with abuse of his public
functions; and
d. The crime committed by the principal is any crime,
provided it is not a light felony.
2. Private persons who harbor, conceal or assist in the
escape of the author of the crime who is guilty of
treason, parricide, murder, or attempts against the life
of the President, or who is known to be habitually
guilty of some other crime.
Requisites:
a. The accessory is a private person;
b. He harbors, conceals or assists in the escape of
the author of the crime; and
49
c. The crime committed by the principal is either:
(MAP-HaT)
i. Murder;
ii. An attempt against the life of the President;
iii. Parricide;
iv. That the principal is known to be habitually
guilty of some other crime; or
v. Treason.
Where the alleged principal is acquitted, it is neither
proper nor possible to convict the defendant as an
accessory. The responsibility of the accessory is
subordinate to that of the principal in a crime.
HOWEVER, conviction of an accessory is possible
notwithstanding the acquittal of the principal, if the crime
was in fact committed, but the principal was not held
liable, because of an exempting circumstance (Art. 12),
such as insanity or minority.
Neither the letter nor the spirit of the law requires that the
principal be convicted before one may be punished as an
accessory. As long as the corpus delicti is proved and
the accessory’s participation as such is shown, he can be
held criminally responsible and meted out the
corresponding penalty (Inovero vs. Coronel, CA, 65 O.G.
3160).
General rule: the prescribed acts of the accessory
under par. 2 must have been intended to prevent the
discovery of the crime; hence, mere silence is NOT
punishable.
Exceptions:
a. If, however, the crime involved is conspiracy to
commit treason, his silence may hold him liable for
misprision of treason (Art. 116) but as a principal
thereof.
b. Knowingly concealing the evil practices
enumerated in Art. 142 is also punishable as a
principal in Inciting to Sedition (Art. 142).
Where the accused misleads the authorities by giving
them false information, such act is equivalent to
concealment and he should be held as an accessory.
PRESIDENTIAL DECREE 1612
ANTI-FENCING LAW OF 1979
Fencing
It is an act, with intent to gain, of buying, selling,
receiving, possessing, keeping, or in any other manner
dealing in anything of value which a person knows or
should have known to be derived from the proceeds of
the crime of robbery or theft.
Fence
He is a person who commits the act of fencing. A fence
who receives stolen property as above-provided is not an
accessory but a principal in the crime defined in and
punished by the Anti-Fencing Law.
Mere possession of anything of value which has been the
subject of robbery or theft shall be prima facie evidence
of fencing.
PENALIZING OBSTRUCTION OF APPREHENSION
AND PROSECUTION OF CRIMINAL OFFENDERS
PRESIDENTIAL DECREE 1829
P.D. 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.
The acts enumerated under this decree are commonly
referred to as “OBSTRUCTION OF JUSTICE.” It
penalizes, inter alia, the act of harboring or concealing, or
facilitating the escape of any person he knows or has
reasonable ground to believe or suspect, has committed
anyoffense under existing penal laws in order to prevent
his arrest, prosecution and conviction. Here, he shall be
punished as a principal in the crime of obstruction of
justice.
Note: For further discussion on PD 1829, see section
on Special Penal Laws.
ARTICLE 20
ACCESSORIES WHO ARE
EXEMPT FROM CRIMINAL LIABLITY
The exemption provided for in this article is based on the
ties of blood and the preservation of the cleanliness of
one’s name, which compels one to conceal crimes
committed by relatives so near as those mentioned in
this article.
An accessory is exempt from criminal liability when
the principal is his –
1. Spouse, or
2. Ascendant, or
3. Descendant, or
4. Legitimate, natural or adopted brother, sister or
relative by affinity within the same degree.
Accessory is NOT exempt from criminal liability even
if the principal is related to him, if such accessory:
1. Profited by the effects of the crime, or
2. Assisted the offender to profit by the effects of the
crime.
Reason: Because such acts are prompted not by
affection but by a detestable greed
The public officer contemplated in par. 3 of Art. 19 is
exempt by reason of relationship to the principal, even if
such public officer acted with abuse of his official
functions.

Art. 19, RPC P.D. 1829 Reason: Ties of blood or relationship constitutes a more
The principal who was The person who was powerful incentive than the call of duty.
assisted committed only assisted committed any
any of the enumerated crime. Note: The benefits of the exception in Art. 20 do not
felonies (MAPHaT) apply to PD 1829.
unless the accessory is
a public officer who acts
with abuse of public
functions. TITLE THREE: PENALTIES
The crime committed by The crime committed by
the principal must be the principal is
under the RPC. punishable under any CHAPTER ONE: PENALTIES IN
existing penal law, GENERAL (ARTS. 21-24)
including the RPC.
The person who gave The person who gave
assistance is punished assistance is punished Penalty
as an accessory in the as a principal in the It is the suffering that is inflicted by the State for the
offense committed by crime of obstruction of transgression of the law.
the principal. justice..
Different juridical conditions of penalty: (P2C3EL)

50 | C r i m i n a l L a w
1. Must be productive of suffering, without however
affecting the integrity of the human personality
2. Must be personal – no one should be punished for the
crime of another
3. Must be commensurate with the offense – different
crimes must be punished with different penalties
4. Must be certain – no one may escape its effects
5. Must be correctional
6. Must be equal for all
7. Must be legal – it is the consequence of a judgment
according to law
Purpose of the state in punishing crimes: The State
has an existence of its own to maintain, a conscience to
assert, and moral principles to be vindicated. Penal
justice must therefore be exercised by the State in the
service and satisfaction of a duty, and rests primarily on
the moral rightfulness of the punishment inflicted.
The basis of the right to punish violations of penal law is
the police power of the State.
Three-fold purpose of penalty under RPC:
1. Retribution or expiation
2. Correction or reformation
3. Social Defense (Reyes, 2008, p. 585).
Constitutional restriction on penalties: The
Constitution directs that “excessive fines shall not be
imposed, nor cruel and unusual punishment inflicted
(Sec. 19 [1], Art. 3).
ARTICLE 21
PENALTIES THAT MAY BE IMPOSED
A felony shall be punishable only by the penalty
prescribed by law AT THE TIME OF ITS COMMISSION.
Reason: Because a law cannot be rationally obeyed
unless it is first shown, and a man cannot be expected to
obey an order that has not been given.
ARTICLE 22
RETROACTIVE EFFECT OF PENAL LAWS
General rule: Penal laws are applied prospectively.
Exception: When retrospective application will be
favorable to the person guilty of a felony, provided that:
1. The offender is NOT a habitual criminal (delinquent)
under Art. 62(5);
2. The new or amendatory law does NOT provide against
its retrospective application.
Reason for the exception: The sovereign, in enacting a
subsequent penal law more favorable to the accused,
51
has recognized that the greater severity of the former law
is unjust.
Habitual delinquent
He is a person who, within a period of ten years from the
date of his release or last conviction of the crimes of
falsification, robbery, estafa, theft, or serious or less
serious physical injuries (FRETSeL), is found guilty of
any said crimes a third time or oftener.
Ex post facto law
It is an act which when committed was not a crime,
cannot be made so by statute without violating the
constitutional inhibition as to ex post facto laws.
An ex post facto law is one which:
1. Makes criminal an act done before the passage of the
law and which was innocent when done;
2. Aggravates a crime, or makes it greater than it was,
when committed;
3. Changes the punishment and inflicts a greater
punishment than the law annexed to the crime when
committed;
4. Alters the legal rules of evidence, and authorizes
conviction upon a less or different testimony than the
law required at the time of the commission of the
offense;
5. Assumes to regulate civil rights and remedies only, in
effect imposing a penalty or deprivation of a right for
something which when done was lawful; and
6. Deprives a person accused of a crime of some lawful
protection to which he has become entitled, such as
the protection of a former conviction or acquittal, or a
proclamation of amnesty.
If retroactive effect of a new law is justified, it shall apply
to the defendant even if he is:
a. Presently on trial for the offense;
b. Has already been sentenced but service of which has
not begun; or
c. Already serving sentence.
The exception applies to a law dealing with prescription
of crime.
The retroactive effect of criminal statutes does not apply
to the culprit’s civil liability.
Reason: The rights of offended persons or innocent third
parties are not within the gift of arbitrary disposal of the
State.
No retroactive effect even when favorable to the
accused – if the new law is expressly made inapplicable
to pending actions or existing causes of action (Tavera v.
Valdez, 1 Phil. 468, 1902).
The provisions of Art. 22 are applicable even to special
laws which provide more favorable conditions to the
accused.
Criminal liability under the repealed law subsists:
1. When the provisions of the former law are reenacted;
or
The right to punish offenses committed under an old
penal law is not extinguished if the offenses are still
punishable in the repealing penal law.
2. When the repeal is by implication; or
When a penal law, which impliedly repealed an old
law, is itself repealed, the repeal of the repealing law
revives the prior penal law, unless the language of the
repealing statute provides otherwise.
If the repeal is absolute, criminal liability is obliterated.
3. When there is a saving clause.
When the repeal is absolute, the offense ceases to be
criminal (People v. Tamayo, 61 Phil. 226, 1935).
Note: No retroactive effect of penal laws as regards
jurisdiction of court. The jurisdiction of the court to try a
criminal action is to be determined by the law in force at
the time of instituting the action, not at the time of the
commission of the crime.
Jurisdiction of courts in criminal cases is determined by
the allegations of the complaint or information, and not by
the findings the court may make after trial (People v.
Romualdo, 87 Phil. 641, 642).
(See discussion of retroactive law under the Prospective
characteristic of criminal law)
ARTICLE 23
EFFECT OF PARDON BY THE
OFFENDED PARTY
General rule: Pardon by the offended party does NOT
extinguish the criminal liability of the offender.
Reason: A crime committed is an offense against the
State. Only the Chief Executive can pardon the
offenders.
Note: In criminal cases, the intervention of the aggrieved
parties is limited to being witnesses for the prosecution.
Compromise upon the civil liability arising from an
offense may be had; but such compromise shall not
extinguish the public action for the imposition of the legal
penalty (Art. 2034, Civil Code).
A contract stipulating for the renunciation of the right to
prosecute an offense or waiving the criminal liability is
VOID (Arts. 1306, 1352, 1409, Civil Code).
Exception: Pardon by the offended party will bar
criminal prosecution in the following crimes:
1. Adultery and Concubinage (Art. 344, RPC)
EXPRESS or IMPLIED pardon must be given by
offended party to BOTH offenders.
Pardon must be given PRIOR to institution of criminal
action.
2. Seduction, Abduction, Acts of Lasciviousness
(Art. 344, RPC)
EXPRESS pardon given by offended party or her
parents or grandparents or guardian
Note: People vs. Lacson ([CA] 55 OG 9460) held that
the pardon by the parents, standing alone, is
inefficacious. Too, the express pardon of a person
guilty of attempted abduction of a minor, granted by
the latter’s parents, is not sufficient to remove criminal
responsibility, but must be accompanied by the
express pardon of the girl herself.
Pardon must be given PRIOR to the institution of the
criminal action. However, marriage between the offender
and the offended party EVEN AFTER the institution of
the criminal action or conviction of the offender will
extinguish the criminal action or remit the penalty already
imposed against the offender, his co-principals,
accomplices, and accessories after the fact.
Note: Not applicable in rape, where there are two or
more principals involved and in case of multiple rape.
3. Rape (as amended by R.A. 8353)
The subsequent valid marriage between the offender
and the offended party shall extinguish criminal liability
or the penalty imposed. In case the legal husband is
the offender, subsequent forgiveness by the wife as
offended party shall also produce the same effect.
Pardon by the offended party under Art. 344 is ONLY
A BAR to criminal prosecution; it is NOT a ground for
extinguishment of criminal liability.
52 | C r i m i n a l L a w
 CIVIL LIABILITY may be extinguished by the EXRESS and 4 are merely preventive measures before
WAIVER of the offended party. conviction of offenders.
b. The offender is not subjected to or made to suffer
An offense causes 2 classes of injuries: these measures in expiation of or as punishment for
Social Injury Personal Injury a crime.
Caused to the victim of Par. 1 does not refer to the confinement of an insane or
Produced by the the crime who suffered imbecile who has not been arrested for a crime. It refers
disturbance and alarm damage either to his to “accused persons” who are detained “by reason of
which are the outcome person, to his property, insanity or imbecility.”
of the offense. to his honor or to her
chastity. Paragraphs 3 and 4 refer to administrative suspension
Is sought to be and administrative fines and not to suspension or fine as
repaired through the Is repaired through penalties for violations of the RPC.
imposition of the indemnity.
corresponding penalty. The deprivations of rights established in penal form by
The State has an The State has no the civil laws is illustrated in the case of parents who are
interest in this class of reason to insist in its deprived of their parental authority if found guilty of the
injury. payment. crime of corruption of their minor children, in accordance
The offended party with Art. 332 of the Civil Code.
cannot pardon the The offended party
offender so as to may waive the Where a minor offender was committed to a reformatory
relieve him of the indemnity. pursuant to Art. 80 (now, PD 603), and while thus
penalty. detained he commits a crime therein, he cannot be
The offended party considered a quasi-recidivist since his detention was only
cannot pardon the The offended party a preventive measure, whereas quasi-recidivism
offender so as to may waive the presupposes the commission of a crime during the
relieve him of the indemnity. service of the penalty for a previous crime.
penalty.

ARTICLE 24 CHAPTER TWO: CLASSIFICATION OF

MEASURES OF PREVENTION OR SAFETY WHICH
ARE NOT CONSIDERED PENALTIES
The following are NOT considered as penalties:
1. The arrest and temporary detention of accused
persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their
confinement in a hospital.
2. The commitment of a minor to any of the institutions
mentioned in Art. 80 (now Art. 192, PD No. 603) and
for the purposes specified therein.
3. Suspension from the employment or public office
during the trial or in order to institute proceedings.
4. Fines and other corrective measures which, in the
exercise of their administrative or disciplinary powers,
superior officials may impose upon their subordinates.
5. Deprivation of rights and the reparations which the civil
law may establish in penal form.
Reasons why they are NOT penalties:
a. They are not imposed as a result of judicial
proceedings. Those mentioned in paragraphs 1, 3
PENALTIES (ARTS. 25-26)
ARTICLE 25
PENALTIES WHICH MAY BE IMPOSED
The scale in Art. 25 is only a general classification of
penalties based on their severity, nature and subject
matter.
The scale of penalties in Art. 70 is provided for
successive service of sentences imposed on the same
accused, in consideration of their severity and natures.
The scales in Art. 71 are for the purpose of graduating
the penalties by degrees in accordance with the rules in
Art. 61.
Classification of penalties under article 25:
A. Based on their severity or gravity
1. Capital,
2. Afflictive,
3. Correctional,
4. Light
This classification corresponds to the classification of
felonies in Art. 9, into grave, less grave and light.

53

B. Based on their nature
1. Principal penalties – those expressly imposed by the
court in the judgment of conviction. May be further
classified based on divisibility.
a. Divisible – are those that have fixed duration and
are divisible into three periods.
b. Indivisible – are those which have no fixed
duration. These are:
i. Death
ii. Reclusión perpetua
iii. Perpetual absolute or special disqualification
iv. Public censure
2. Accessory penalties – are those that are deemed
included in the principal penalties.
C. Based on subject matter
1. Corporal (death).
2. Deprivation of freedom (reclusion perpetua and
temporal, prision mayor and correcional, arresto
mayor and menor).
3. Restriction of freedom (destierro).
4. Deprivation of rights (disqualification and
suspension).
5. Pecuniary (fine).
Perpetual or temporary absolute disqualification,
perpetual or temporary special disqualification, and
suspension may be principal or accessory penalties.
Examples:
1. Perpetual absolute disqualification is a principal
penalty in prevaricacion (Art. 204) and perpetual
special disqualification, in malversation(Art. 217).
2. Temporary absolute disqualification is a principal
penalty when the accessory acts with abuse of public
functions (Art, 19[3] and Art. 58) and temporary
special disqualification, in direct bribery (Art. 206).
3. Suspension is a principal penalty in rendition of unjust
interlocutory orders (Art. 206).
Bond to keep the peace is imposed only in the crime of
threats (Art. 284), either grave (Art. 282) or light (Art.
283).
RA No. 9346,
AN ACT PROHIBITING THE IMPOSITION OF DEATH
PENALTY IN THE PHILIPPINES
Sec. 2 of said law provides that In lieu of death penalty,
the following shall be imposed:
1. The penalty of reclusion perpetua, when the law
violated makes use of the nomenclature of the
penalties of the Revised Penal Code; or
2. The penalty of life imprisonment, when the law violated
does not make use of the nomenclature of the
penalties of the Revised Penal Code.
Section 3. Persons convicted of offenses punished with
reclusion perpetua, or whose sentences will be reduced
to reclusion perpetua, by reason of this Act, shall not be
eligible for parole under Act No. 4103, otherwise known
as the Indeterminate Sentence Law, as amended.
ARTICLE 26
FINE – WHEN AFFLICTIVE,
CORRECTIONAL OR LIGHT
Fine is:
1. Afflictive – over P6,000.00
2. Correctional – P200.00 to P6,000.00
3. Light penalty – less than P200.00
Same basis may be applied by analogy to Bond to keep
the peace.
This article determines the classification of a fine whether
imposed as a single or as an alternative penalty for a
crime.
The rule herein does not apply where the fine involved is
in a compound penalty, that is, it is imposed in
conjunction with another penalty. In this case, the highest
penalty shall be made the basis for computing the period
for the prescription of crimes (Article 90).
Where the fine in question is exactly P200, under Art. 9 it
is a light felony, hence the felony involved is a light
felony; whereas under Art. 26, it is a correctional penalty,
hence the offense involved is a less grave felony. It has
been held that this discrepancy should be resolved
liberally in favor of the accused, hence Art. 9 prevails
over Art. 26 (People vs. Yu Hai, 99 Phil. 725, 1956).
HOWEVER, according to Justice Regalado there is no
such discrepancy. What is really in issue is the
prescription of the offense vis-a-vis the prescription of the
penalty, the former being the forfeiture of the right of the
State to prosecute the offender and the latter being the
loss of its power to enforce the judgment against the
convict.
Note: In determining the prescription of crimes, apply Art.
9 (P200 fine is light felony). In determining the
prescription of penalty, apply Art. 26 (P200 fine
prescribes in 10 years).
CHAPTER THREE: DURATION AND
EFFECTS OF PENALTIES
(ARTS. 27 – 45)
54 | C r i m i n a l L a w
 1. When the offender is in prison – the duration of
temporary penalties is from the day on which the
SECTION ONE – DURATION OF PENALTIES judgment of conviction becomes final.
ARTICLE 27
DURATION OF EACH DIFFERENT PENALTIES Reason: Under Art. 24, the arrest and temporary
detention of the accused is not considered a penalty.
Afflictive
Reclusion Reclusion Prision Mayor Applies in cases of temporary penalties and the
Perpetua Temporal andTemporary offender is under detention (under preventive
Disqualification imprisonment)
20 yrs and 12 yrs and 6 yrs and 1 day to 12
1 day to 1 day to yrs., except when 2. When the offender is not in prison – the duration of
40 yrs 20 yrs disqualification is an penalties consisting in deprivation of liberty, is from
accessory penalty, in the day that the offender is placed at the disposal of
which case its duration is judicial authorities for the enforcement of the penalty.
that of the principal
penalty This rule applies in cases of penalties consisting in
deprivation of liberty and the offender is not in prison.
Correctional
Prisión Arresto Arresto Bond to 3. The duration of other penalties – the duration is
correccional, mayor menor keep the from the day on which the offender commences to
suspensión, peace serve his sentence. Applies in cases of:
and a. Penalties consisting in deprivation of liberty and the
destierro offender is undergoing preventive imprisonment;
6 mos. and 1 1 mo. And 1 day to the period but the offender is entitled to a deduction of full time
day to 6 yrs., 1 day to 6 30 days during which or 4/5 of the time of his detention.
except when mos. the bond b. Temporary penalties and the offender is not under
suspensión is shall be detention – because the offender is released on
an accessory effective is bail.
penalty, in discretionary
which case its on the court. ARTICLE 29
duration is PERIOD OF PREVENTIVE IMPRISONMENT
that of the DEDUCTED FROM TERM OF IMPRISONMENT
principal
penalty. Preventive imprisonment
It is the period of detention undergone by an accused
Nature of destierro where the crime with which he is charged is non-bailable
Destierro is a principal, correctional and divisible penalty. or, even if bailable, he is unable to post the requisite bail.

In what cases is destierro imposed?
1. Serious physical injuries or death under exceptional
circumstances (Art. 247)
2. In case of failure to give bond for good behavior (Art.
284)
3. As a penalty for the concubine in concubinage (Art.
334)
4. In cases where after reducing the penalty by one or
more degrees, destierro is the proper penalty.
ARTICLE 28
COMPUTATION OF PENALTIES
These rules on preventive imprisonment apply to all
sentences regardless of the duration thereof, including
the so-called perpetual penalties as long as they involve
deprivation of liberty. It applies to destierro.
When is the detention prisoner entitled to the full
credit of his preventive imprisonment?
If the detention prisoner agrees voluntarily in writing to
abide by the same disciplinary rules imposed upon
convicted prisoners.

Rules: When will he be credited only with four-fifths the time

during which he has undergone preventive
imprisonment?

55
If the detention prisoner does not agree to abide by the
same disciplinary rules imposed upon convicted
prisoners.
In the case of a youthful offender who has been
proceeded against under the Child and Youth Welfare
Code, he shall be credited in the service of his sentence
with the full time of his actual detention, whether or not
he agreed to abide by the same disciplinary rules of the
institution.
The following offenders are NOT entitled to be
credited with the full time or four-fifths of the time of
preventive imprisonment:
1. Recidivists or those convicted previously twice or more
times of any crime.
2. Those who, upon being summoned for the execution
of their sentence, failed to surrender voluntarily.
Habitual delinquents are included in No. 1.
No. 2 refers to convicts who failed to voluntarily
surrender to serve their penalties under a final
judgment, since this is indicative of a greater defiance
of authority. It does NOT refer to failure or refusal to
voluntarily surrender after the commission of the
crime.
The accused shall be released immediately whenever
he has undergone preventive imprisonment for a
period equal to or more than the possible maximum
imprisonment for the offense charged.
SECTION TWO – EFFECTS OF THE PENALTIES
ACCORDING TO THEIR RESPECTIVE NATURE.
ARTICLE 30
EFFECTS OF THE PENALTIES OF PERPETUAL OR
TEMPORARY
ABSOLUTE DISQUALIFICATION
1. Deprivation of the public offices and employments
which the offender may have held, even if conferred
by popular election.
2. Deprivation of the right to vote in any election for any
popular elective office or to be elected to such office.
3. Disqualification for the offices or public employments
and for the exercise of any of the rights mentioned.
4. Loss of all rights to retirement pay or other pension for
any office formerly held.
Perpetual absolute disqualification
It is effective during the lifetime of the convict and even
after the service of the sentence.
Temporary absolute disqualification
It lasts during the term of the sentence, and is removed
after the service of the same.
Exceptions:
1. Deprivation of the public office or employment; and
2. Loss of all rights to retirement pay or other pension for
any office formerly held.
A plebiscite is NOT mentioned or contemplated in Art.
30, par. 2 (deprivation of the right to vote), hence, the
offender may vote in that exercise, subject to the
provisions of pertinent election laws at the time.
ARTICLE 31
EFFECTS OF THE PENALTIES OF PERPETUAL OR
TEMPORARY
SPECIAL DISQUALIFICATION
1. Deprivation of the office, employment, profession or
calling affected;
2. Disqualification for holding similar offices or
employments either perpetually or during the term of
the sentence, according to the extent of such
disqualification.
ARTICLE 32
EFFECTS OF THE PENALTIES OF PERPETUAL OR
TEMPORARY SPECIAL DISQUALIFICATION FOR
THE EXERCISE OF THE RIGHT OF SUFFRAGE
1. Deprive the offender perpetually or during the term of
the sentence of:
a. The right to vote in any popular election for any
public office, or
b. To be elected to such office.
2. Not be permitted to hold any public office during the
period of disqualification.
Disqualification is the withholding of a privilege, not a
denial of right – a restriction upon the right of suffrage or
to hold office.
Purpose: To preserve the purity of elections; one
rendered infamous by conviction of felony or other base
offenses indicative of moral turpitude is unfit to exercise
such rights.
ARTICLE 33
EFFECTS OF THE PENALTIES OF SUSPENSION
FROM ANY PUBLIC OFFICE, PROFESSION, OR
CALLING, OR THE RIGHT OF SUFFRAGE
56 | C r i m i n a l L a w
1. Disqualification from holding such office or exercising 2. It shall not exempt the culprit from the payment of the
such right or calling or right of suffrage during the civil liability.
term of the sentence;
2. If suspended from the public office, the offender Limitations upon the exercise of the pardoning
cannot hold another office having similar functions power:
during the period of suspension. 1. That the power can be exercised only after conviction
“by final judgment”;
ARTICLE 34 2. That such power does not extend to cases of
CIVIL INTERDICTION impeachment;
3. No pardon, amnesty, parole or suspension of sentence
1. Deprivation of the rights of parental authority or for violation of election laws, rules, and regulations
guardianship of any ward; shall be granted by the President without the
2. Deprivation of marital authority; favorable recommendation of the COMELEC.
3. Deprivation of the right to manage his property and of
the right to dispose of such property by any act or any General Rule: When the principal penalty is remitted by
conveyance inter vivos. pardon, only the effect of that principal penalty is
extinguished, but not the accessory penalties attached to
But he can dispose of such property by will or donation it.
mortis causa.
Exception: When an absolute pardon is granted after
Civil interdiction is imposed when the penalty is: the term of imprisonment has expired, it removes what is
1. Death which is not carried out, left of the consequences of conviction.
2. Reclusión perpetua,or
3. Reclusión temporal Pardon by the Chief Pardon by the Offended
Executive (Art. 36) Party (Art. 23)
ARTICLE 35 As to the crime covered
EFFECTS OF BOND TO KEEP THE PEACE Can extend to any crime, Applies only to crimes
unless otherwise provided against chastity under the
1. The offender must present two sufficient sureties who by or subject to conditions RPC and marital rape.
shall undertake that the offender will not commit the in the Constitution or the
offense sought to be prevented, and that in case such laws.
offense be committed they will pay the amount As to the effect on civil liability
determined by the Court; or Cannot affect the civil The offended party can
2. The offender must deposit such amount with the Clerk liability ex delicto of the waive the civil liability.
of Court to guarantee said undertaking; or offender.
3. The offender may be detained, if he cannot give the As to extinguishment of criminal liability
bond, for a period not to exceed 6 months if Extinguishes criminal Does NOT extinguish
prosecuted for grave or less grave felony, or for a liability. criminal liability.
period not to exceed 30 days, if for a light felony.
Although it may constitute
Bond to keep the peace is different from bail bond which a bar to the prosecution of
is posted for the provisional release of a person arrested the offender in seduction,
for or accused of a crime. abduction and acts of
lasciviousness by the
Imposed as a penalty in threats (Art. 284) valid marriage of the
victim and the offender,
and in adultery and
ARTICLE 36 concubinage, by the
PARDON; ITS EFFECTS express or implied pardon
by the offended spouses.
Effects of pardon by the president: When granted
1. A pardon shall not restore the right to hold public office Can be extended only Can be validly granted
or the right of suffrage. after conviction by final only before the institution
Exception: When any or both such rights is/are judgment of the accused. of the criminal action.
expressly restored by the terms of the pardon.

57
 To whom granted ARTICLE 39
To any or all of the In seduction, abduction SUBSIDIARY PENALTY
accused. and acts of
lasciviousness, it benefits Subsidiary penalty
the co-principals, It is a subsidiary personal liability to be suffered by the
accomplices and convict who has no property with which to meet the fine,
accessories. at the rate of one day for each eight pesos (P8.00),
In adultery and subject to the rules provided for in Art. 39.
concubinage, must
include both offenders. Subsidiary penalty shall be proper only if the accused
As to whether it can be conditional has no property with which to pay the fine and not as a
May be absolute or Cannot validly be made matter of choice on his part by opting to go to jail instead
conditional. subject to a condition. of paying.

ARTICLE 37 Subsidiary penalty is NOT AN ACCESSORY PENALTY,

COSTS hence it must be specifically imposed by the court in its
judgment, otherwise the accused cannot be made to
Costs or costs of suit serve the corresponding subsidiary imprisonment.
These are the expenses of litigation allowed and
regulated by the Rules of Court to be assessed against Rules as to subsidiary liability
or to be recovered by a party in litigation. Penalty Imposed Subsidiary Penalty
1. Prisión correccional Subsidiary imprisonment is not
The following are included in costs: or arresto AND fine to exceed 1/3 of the term of
1. Fees, and the sentence, and in no case
2. Indemnities, in the course of judicial proceedings. to continue for more than one
year. Fraction or part of a day,
Costs are chargeable to the accused only in cases of not counted.
conviction. In case of acquittal, the costs are de officio, 2. Fine only Subsidiary imprisonment:
meaning each party bearing his own expenses. a. not to exceed 6 months – if
the culprit is prosecuted for
No costs shall be allowed against the Republic of the grave or less grave felony, and
Philippines, unless otherwise provided by law.
b. not to exceed 15 days – if
The payment of costs is a matter that rests entirely upon prosecuted for light felony.
the discretion of courts. 3. Higher than prisión No subsidiary imprisonment.
correccional
ARTICLE 38 4. If the penalty Subsidiary penalty shall
PECUNIARY LIABILITIES imposed is not to be consist in the same
executed by deprivations as those of the
What are the pecuniary liabilities of persons confinement, but of principal penalty, under the
criminally liable? fixed duration. same rules as nos. 1, 2 and 3
They are, in the following order: (RIFC) above.
1. Civil
a. The reparation of the damage caused In case the financial circumstances of the convict should
b. Indemnification of the consequential damages improve, he shall pay the fine, notwithstanding the fact
2. Pecuniary that the convict suffered subsidiary personal liability
a. Fine therefor.
b. Costs of proceedings.
When the penalty prescribed for the offense is
When is Article 38 applicable? imprisonment, it is the penalty actually imposed by the
In case the property of the offender should not be Court, not the penalty provided for by the Code, which
sufficient for the payment of all his pecuniary liabilities. should be considered in determining whether or not
subsidiary penalty should be imposed.

58 | C r i m i n a l L a w
No subsidiary penalty shall be imposed where:
1. The penalty imposed is higher than prisión
correccional or 6 years;
Additional penalty for habitual delinquency should be
included in determining whether or not subsidiary
penalty should be imposed.
2. For non-payment of reparation or indemnification;
3. For non-payment of cost;
4. Where the penalty imposed is a fine and another
penalty without fixed duration, like censure; and
5. The subsidiary penalty, though properly imposable is
not expressly stated in the judgment.
Note: The rules on subsidiary penalty in Art. 39 are
applicable to crimes punishable by special laws by force
of Art. 10 of the Code.
SECTION THREE – PENALTIES IN WHICH OTHER
ACCESSORY PENALTIES ARE INHERENT
ARTICLES 40 – 44
OUTLINE OF ACCESSORY PENALTIES INHERENT IN
PRINCIPAL PENALTIES
1. Death, when not executed by reason of commutation
or pardon
a. Perpetual absolute disqualification; and
b. Civil interdiction during 30 years, if not expressly
remitted in the pardon.
2. Reclusión perpetua and reclusión temporal
a. Civil interdiction for life or during the sentence; and
b. Perpetual absolute disqualification, unless
expressly remitted in the pardon of the principal
penalty.
3. Prisión mayor
a. Temporary absolute disqualification; and
b. Perpetual special disqualification from suffrage,
unless expressly remitted in the pardon of the
principal penalty.
4. Prisión correccional
a. Suspension from public office, profession or calling;
and
b. Perpetual special disqualification from suffrage, if
the duration of imprisonment exceeds 18 months,
unless expressly remitted in the pardon of the
principal penalty.
There is perpetual special disqualification from
suffrage, only when the duration of the
imprisonment exceeds 18 months.
5. Arresto – suspension of the right to hold office and the
right of suffrage during the term of the sentence.
Note: The Code does NOT provide for any accessory
penalty for destierro.
59
Reclusion Perpetua Life Imprisonment
Has a specific duration Has no definite term.
of 20 years and 1 day
to 40 years.
Imposable on felonies Imposable on crimes
punished by the RPC. punishable by special
laws.
Carries with it Does not carry with it
accessory penalties. accessory penalties.
ARTICLE 45
CONFISCATION AND FORFEITURE OF
THE PROCEEDS OF THE CRIME
Outline of the provisions of this article:
1. Every penalty imposed carries with it the forfeiture of
the proceeds of the crime and the instruments or tools
used in the commission of the crime. (There can be
no forfeiture when there is no criminal case filed.)
2. The proceeds and instruments or tools of the crime are
confiscated and forfeited in favor of the Government.
3. Property of a third person not liable for the offense is
not subject to confiscation and forfeiture.
4. Property not subject of lawful commerce (whether it
belongs to the accused or to third person) shall be
destroyed.
The confiscation and forfeiture of the proceeds and
instruments of a crime is an accessory penalty.
Articles which are forfeited, when the order or forfeiture is
already final, cannot be returned even in case of an
acquittal.
The provisions of Art. 45 CANNOT apply when:
1. The instruments belong to innocent third parties;
2. Such properties have not been placed under the
jurisdiction of the court because they must be
presented in evidence and identified in judgment; and
3. When it is legally or physically impossible.
This accessory penalty presupposes a judgment of
conviction. However, even if the accused is acquitted on
reasonable doubt, but the instruments or proceeds are
contraband, the judgment of acquittal shall order their
forfeiture for appropriate disposition.
CHAPTER FOUR: APPLICATION OF
PENALTIES (ARTS. 46-72)
 SECTION ONE – RULES FOR APPLICATION OF
PENALTIES TO THE PERSONS CRIMINALLY LIABLE
AND FOR THE GRADUATION OF THE SAME
ARTICLE 46
PENALTY TO BE IMPOSED UPON PRINCIPALS IN
GENERAL
General rule: The penalty prescribed by law in general
terms shall be imposed upon the principals for a
consummated felony.
Exception: When the penalty to be imposed upon the
principal in frustrated or attempted felony is fixed by law.
Graduation of penalties:
1. By degrees – refers to:
a. stages of execution (consummated, frustrated, or
attempted); and
b. degree of the criminal participation of the offender
(whether as principal, accomplice or accessory).
2. By periods – refers to the proper period of the penalty
which should be imposed when aggravating or
mitigating circumstances attend the commission of the
crime
ARTICLE 47
CASES WHEREIN THE DEATH PENALTY SHALL NOT
BE IMPOSED
No longer of any force or effect because the substantive
provisions thereof being inconsistent with R.A 9346,
while the procedural measures is superseded by the
present revised Rules of Court.
ARTICLE 48
COMPLEX CRIMES
Plurality of Crimes
It consists in the successive execution, by the same
individual, of different criminal acts, upon any of which no
conviction has yet been declared.
Kinds:
1. Real or material plurality – DIFFERENT crimes in
law, as well as in the conscience of the offender; the
offender shall be PUNISHED for each and every
offense that he committed.
2. Formal or ideal plurality – only ONE criminal liability.
Three groups under the formal type:
a. When the offender commits any of the complex
crimes in Art. 48.
b. When the law specifically fixes a single penalty for
two or more offenses committed (Special Complex
Crimes).
c. When the offender commits continuous crimes.
I. Complex Crimes Under Article 48
A. Concept:
1. In complex crime, although 2 or more crimes are
actually committed, they constitute only one
crime in the eyes of the law as well as in the
conscience of the offender.
2. The offender has only one criminal intent, hence
there is only one penalty imposed for the
commission of a complex crime.
B. Two kinds of complex crimes:
1. Compound crime (delito compuesto) – a single
act constitutes 2 or more grave or less grave
felonies
Requisites:
a. That only a single act is performed by the
offender;
b. That the single act produces:
i. Two or more grave felonies, or
ii. One or more grave and one or more less
grave felonies, or
iii. Two or more less grave felonies.
Light felonies produced by the same act should
be treated and punished as separate offenses
or may be absorbed by the grave felony.
When the crime is committed by force of
violence, slight physical injuries are absorbed
such as in direct assault and rape. Reason: the
slight physical injuries are the necessary
consequence of the force or violence inherent in
the crimes of direct assault and rape.
Art. 48 speaks of two or more grave or less
grave felonies resulting from a single act, which
excludes crimes punishable by special laws.
2. Complex crime proper (delito complejo) – an
offense is a necessary means for committing
the other.
The first offense must be consummated.
Requisites:
a. That at least two offenses are committed;
b. That one or some of the offenses must be
necessary to commit the other; and
c. That both or all of the offenses must be
punished under the same statute.
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Note: Necessary means is NOT equivalent to
indispensable means.
C. No complex crime in the following cases:
1. In case of continuous crimes
2. When one offense is committed to conceal the
other;
3. When the other crime is an indispensable part or
an element of the other offenses;
4. Where one of the offenses is penalized by a
special law;
5. When the provision provides for a two-tiered
penalty, e.g. Usurpation of property (Art. 312),
malicious procurement of a search warrant (Art
129), bribery (Art 210 par 1), maltreatment of
prisoners (Art 235).
Notes:
Art. 48 is intended to favor the culprit.
Reason: the offender is deemed less perverse than
when he commits said crimes thru separate and distinct
acts (People vs. Hernandez, 99 Phil. 515, 542-543).
The penalty for complex crime is the penalty for the most
serious crime, the same to be applied in its maximum
period.
If different crimes resulting from one single act are
punished with the same penalty, the penalty for any one
of them shall be imposed, the same to be applied in the
maximum period.
When 2 felonies constituting a complex crime are
punishable by imprisonment and fine, respectively, only
the penalty of imprisonment should be imposed.
Reason: Fine is not included in the list of penalties in the
order of severity, and it is the last in the graduated scales
in Art. 71 of the RPC.
When a complex crime is charged and one offense is not
proven, the accused can be convicted of the other.
There is NO complex crime of Estafa Thru Falsification of
Private Document as both crimes require damage as an
element which if used for one renders the other
incomplete, hence the query is as to which crime was
committed first.
If at the outset, the accused took a woman away against
her will and with lewd designs on his part, and he
thereafter raped her, this would clearly be the complex
crime of abduction with rape (People vs. Oso, 62 Phil.
271).
61
On the other hand, the rule has been that if he had no
lewd designs at the time of the forcible taking of the
victim, but the taking advantage later when the victim
was in his custody he raped her, he committed two
separate crimes of kidnapping, a crime against personal
liberty, and rape, then a crime against chastity (People
vs. Quitain, 99 Phil. 226).
Subsequent acts of intercourse, after forcible abduction
with rape, are separate acts of rape for even while the
first act of rape was being performed, the crime of
forcible abduction was already comsummated, so that
each of the three succeeding rapes cannot be complexed
with forcible abduction (People vs. Jose, No. L-282232,
Feb. 6, 1971).
There is no complex crime of rebellion with murder,
arson, robbery, or other common crimes.
Where the victim was kidnapped for the purpose of
extorting ransom under pain of death, and he was later
killed when no such ransom was paid, the complex crime
of kidnapping with murder was committed (Regalado,
2009, p.189).
Article 48 does not apply to acts penalized under Article
365 of the RPC. Article 48 Does not Apply to Acts
Penalized Under Article 365 of the Revised Penal
Code.
Article 48 is a procedural device allowing single
prosecution of multiple felonies falling under either of two
categories: (1) when a single act constitutes two or more
grave or less grave felonies (thus excluding from its
operation light felonies; and (2) when an offense is a
necessary means for committing the other. The
legislature crafted this procedural tool to benefit the
accused who, in lieu of serving multiple penalties, will
only serve the maximum of the penalty for the most
serious crime.
In contrast, Article 365 is a substantive rule penalizing
not an act defined as a felony but “the mental attitude x
xx behind the act, the dangerous recklessness, lack of
care or foresight x xx,” a single mental attitude
regardless of the resulting consequences. Thus, Article
365 was crafted as one quasi-crime resulting in one or
more consequences. Article 48 is incongruent to the
notion of quasi-crimes under Article 365. It is
conceptually impossible for a quasi-offense to stand for
(1) a single act constituting two or more grave or less
grave felonies; or (2) an offense which is a necessary
means for committing another.
Indeed, this is a constitutionally compelled choice. By
prohibiting the splitting of charges under Article 365,
irrespective of the number and severity of the resulting
acts, rampant occasions of constitutionally impermissible
second prosecutions are avoided, not to mention that
scarce state resources are conserved and diverted to
proper use.
Hence, we hold that prosecutions under Article 365
should proceed from a single charge regardless of the
number or severity of the consequences. In imposing
penalties, the judge will do no more than apply the
penalties under Article 365 for each consequence
alleged and proven. In short, there shall be no splitting of
charges under Article 365, and only one information shall
be filed in the same first level court.
This ruling secures for the accused facing an Article 365
charge a stronger and simpler protection of their
constitutional right under the Double Jeopardy Clause.
True, they are thereby denied the beneficent effect of the
favorable sentencing formula under Article 48, but any
disadvantage thus caused is more than compensated by
the certainty of non-prosecution for quasi-crime effects
qualifying as “light offenses” (or, as here, for the more
serious consequence prosecuted belatedly). it is so
minded, Congress can re-craft Article 365 by extending
to quasi-crimes the sentencing formula of Article 48 so
that only the most severe penalty shall be imposed under
a single prosecution of all resulting acts, whether
penalized as grave, less grave or light offenses. This will
still keep intact the distinct concept of quasi-offenses
(Ivler v. San Pedro and Ponce G.R. No. 172716,
November 17, 2010).
Rules in Art. 48 are NOT applicable:
1. When the crimes subject of the case have common
elements;
2. When the crimes involved are subject to the rule of
absorption of one crime by the other;
3. Where the two offenses resulting from a single act are
specifically punished as a single crime, such as less
serious physical injuries with serious slander of deed,
since this is punished under Art. 265 par. 2, as the
single crime of less serious physical injuries with
ignominy;
4. In special complex crimes or composite crimes;
5. When the crimes involved cannot be legally
complexed, viz.:
a. Malicious obtention or abusive service of search
warrant (Art. 129) with perjury;
b. Bribery (Art. 210) with infidelity in the custody of
prisoners;
c. Maltreatment of prisoners (Art. 235) with serious
physical injuries;
d. Usurpation of real rights (Art. 312) with serious
physical injuries; and
e. Abandonment of persons in danger (Art. 275) and
crimes against minors (Arts. 276 to 278) with any
other felony.
II. Special Complex Crimes – those which are treated
as single indivisible offenses although comprising more
than one specific crime and with specific penalty.
Examples:
1. Rape with homicide,
The homicide must always be consummated,
otherwise, separate offenses. The rape may either be
consummated or attempted.
2. Kidnapping with homicide,
3. Kidnapping with rape,
Kidnapping with rape is different from abduction with
rape. In the latter, there is lewd design (People vs.
Jose, G.R. No. L-28232, Feb. 6, 1971).
4. Robbery with homicide,
Additional homicide NOT aggravating.
5. Robbery with rape,
Additional rape not aggravating.
NOTE: There is no complex crime of Arson with
(Multiple) Homicide. Accordingly, in cases where both
burning and death occur, in order to determine what
crime/crimes was/were perpetrated – whether arson,
murder or arson and homicide/murder, it is de rigueur to
ascertain the main objective of the malefactor:
a. if the main objective is the burning of the building or
edifice, but death results by reason or on the
occasion of arson, the crime is simply arson, and the
resulting homicide is absorbed;
b. if, on the other hand, the main objective is to kill a
particular person who may be in a building or edifice,
when fire is resorted to as the means to accomplish
such goal the crime committed is murder only; lastly,
c. if the objective is, likewise, to kill a particular person,
and in fact the offender has already done so, but fire
is resorted to as a means to cover up the killing, then
there are two separate and distinct crimes committed
– homicide/murder and arson (People of the
Philippines v. Edna Malngan G. R. No. 170470,
September 26, 2006).
When the crimes involved cannot be legally
complexed, viz:
1.Malicious obtention or abusive service of search
warrant (Art. 129) with perjury;
2.Bribery (Art. 210) with infidelity in the custody of
prisoners;
3.Maltreatment of prisoners (Art. 235) with serious
physical injuries;
4. Usurpation of real rights (Art. 312) with serious
physical injuries; and
62 | C r i m i n a l L a w
5. Abandonment of persons in danger (Art. 275) and
crimes against minors (Arts. 276-278) with another Real or Material Plurality Continued Crime
felony.
There is a series of acts There is a series of acts
performed by the offender. performed by the offender.
Special Complex
Ordinary Complex Crime Crime or Composite Each act performed by the The different acts constitute
Crime offender constitutes a only one crime, all of the
separate crime, each act is acts performed arise from
As to their Concept generated by a criminal one criminal resolution.
impulse.
It is made up of two or more It is made up of two or
crimes being punished in more crimes which are
distinct provisions of the considered only as ARTICLE 49
Revised Penal Code but components of a single PENALTY TO BE IMPOSED UPON THE PRINCIPALS
alleged in one information indivisible offense WHEN THE CRIME COMMITTED IS DIFFERENT
either because they were being punished in one FROM THAT INTENDED
brought about by a single provision of the
felonious act or because one Revised Penal Code. Rules:
offense is a necessary means 1. If the penalty for the felony committed be higher than
for committing the other the penalty for the offense which the accused
offense or offenses. intended to commit, the lower penalty shall be
imposed in its maximum period.
As to Penalty 2. If the penalty for the felony committed be lower than
Penalty for the most serious It is the penalty the penalty for the offense which the accused
crime shall be imposed and in specifically provided for intended to commit, the lower penalty shall be
its maximum period. the special complex imposed in its maximum period.
crime that shall be
applied according to Art. 49 applies ONLY when there is a mistake in the
the rules on imposition identity of the victim of the crime, and the penalty for the
of the penalty. crime committed is different from that for the crime
intended to be committed. Also, it is applicable only when
the intended crime and the crime actually committed are
Note: One information should be filed when a complex punished with different penalties.
crime is committed.
Article 49 Article 48
III. Continuous crime – a single crime, consisting of a
series of acts, but all arising from ONE CRIMINAL Lesser penalty is imposed, Penalty for the more or
RESOLUTION; length of time in the commission is to be applied in maximum most serious crime shall be
immaterial. periods. imposed, to be applied in
Requisites: its maximum period.
1. Multiplicity of acts;
2. Unity of criminal purpose or intent; and Note: For Articles 50-57 and 60, refer to Art. 61 herein
3. Unity of criminal offense violated. provided.
Not a complex crime because the offender does not ARTICLE 58
perform a single act, but a series of acts, and one ADDITIONAL PENALTY TO BE IMPOSED UPON
offense is not a necessary means for committing the CERTAIN ACCESSORIES
other.
Public officers who help the author of the crime by
In determining venue, a continued, continuous or misusing their office and duties shall suffer the additional
continuing crime is DIFFERENT from a transitory crime penalties of:
(moving crime) – in the latter case, criminal action may 1. Absolute perpetual disqualification, if the principal
be instituted and tried in the court of the municipality, city offender is guilty of a grave felony;
or province wherein any of the essential ingredients 2. Absolute temporary disqualification if the principal
thereof took place. offender is guilty of less grave felony.

63
This article applies only to public officers who abused
their public functions.
ARTICLE 59
PENALTY TO BE IMPOSED IN CASE OF FAILURE TO
COMMIT THE CRIME BECAUSE THE MEANS
EMPLOYED OR THE AIMS SOUGHT ARE
IMPOSSIBLE
Impossible Crime
The penalty for impossible crime is arresto mayor
(imprisonment of 1 month and 1 day to 6 months) or fine
ranging from 200-500pesos.
Basis for the imposition of proper penalty:
1. Social danger; and
2. Degree of criminality shown by the offender
ARTICLE 61
RULES OF GRADUATING PENALTIES
According to Arts. 50-57, the penalty prescribed by law
for the felony shall be lowered by one or two degrees, as
follows:
1. For the principal in frustrated felony – one degree
lower;
2. For the principal in attempted felony – two degrees
lower;
3. For the accomplice in consummated felony – one
degree lower;
4. For the accessory in consummated felony – two
degrees lower;
Diagram of the application of Arts. 50- 57:
Frus-
Consummated Attempted
Trated
Principal 0 1 2 2. One who furnished the place for the perpetration of the
Accomplice 1 2 3 crime of slight illegal detention (Art. 268)
Accessory 2 3 4
In this diagram, “0” represents the penalty prescribed by
law in defining a crime, which is to be imposed on the
principal in a consummated offense, in accordance with
the provisions of Art. 46. The other figures represent the
degrees to which the penalty must be lowered, to meet
the different situations anticipated by law.
Bases for the determination of the extent of penalty
to be imposed under the RPC:
1. Stage reached by the crime in its development (either
attempted, frustrated or consummated)
2. Participations therein of the persons liable
3. Aggravating or mitigating circumstances which
attended the commission of the crime.
Degree
It is one entire penalty, one whole penalty or one unit of
the penalties enumerated in the graduated scales
provided for in Art. 71.
When there is mitigating or aggravating circumstance,
the penalty is lowered or increased by period only;
Exception: When the penalty is divisible and there are
two or more mitigating and without aggravating
circumstances, in which case the penalty is lowered by
degree.
Period
It is one of the three equal portions, called minimum,
medium and maximum, of a divisible penalty.
Exceptions to the rules established in Arts. 50 to 57
(Article 60):
Arts. 50 to 57 shall NOT apply to cases where the law
expressly prescribes the penalty for a frustrated or
attempted felony, or to be imposed upon accomplices or
accessories. (Art. 60)
General Rule: An accomplice is punished by a penalty
one degree lower than the penalty imposed upon the
principal.
Exceptions:
The following accomplices are punished with the same
penalty imposed upon the principal:
1. The ascendants, guardians, curators, teachers and
any person who by abuse of authority or confidential
relationship, shall cooperate as accomplices in the
crimes of rape, acts of lasciviousness, seduction,
corruption of minors, white slave trade or abduction
(Art. 346); and
When penalty prescribed is single and indivisible – the
penalty next lower in degree shall be that immediately
following that indivisible penalty in the respective
graduated scale in Article 71;
If the penalty prescribed by the Code consists in three
periods, corresponding to different divisible penalties, the
penalty next lower in degree is the penalty consisting in
the three periods down in the scale;
If the penalty prescribed by the Code consists in two
periods, the penalty next lower in degree is the penalty
consisting in two periods down in the scale;
64 | C r i m i n a l L a w
If the penalty prescribed by the Code consists in only one
period, the penalty next lower in degree is the next period
down in the scale.
Mitigating and aggravating circumstances are
disregarded in the application of the rules for graduating
penalties.
SECTION TWO – RULES FOR THE APPLICATION OF
PENALTIES WITH REGARD TO THE MITIGATING
AND AGGRAVATING CIRCUMSTANCES, AND
HABITUAL DELINQUENCY
ARTICLE 62
EFFECTS OF THE ATTENDANCE OF MITIGATING OR
AGGRAVATING CIRCUMSTANCES AND OF
HABITUAL DELIQUENCY
Rules regarding aggravating and mitigating
circumstances:
1. Aggravating circumstances which (a) in themselves
constitute a crime especially punished by law or
which (b) are included by the law in defining a crime
and prescribing the penalty therefor are not to be
taken into account to increase the penalty.
Maximum penalty shall be imposed:
a. When in the commission of the crime, advantage
was taken by the offender of his public position;
b. If the offense was committed by any person who
belongs to an organized/syndicated crime group.
2. The preceding rule applies with respect to aggravating
circumstances which are inherent in the crime;
3. Aggravating or mitigating circumstances which arise
from:
a. The moral attributes of the offender, or
b. From his private relations from the offended party,
or
c. From any other personal cause,
serve to aggravate or mitigate the liability of the
principals, accomplices and accessories as to whom
such circumstances are attendant;
4. The circumstances which consist in:
a. material execution of the act, or
b. the means employed to accomplish it,
shall serve to aggravate or mitigate the liability only of
those persons who had knowledge of them at the
time of the execution of the act or their cooperation
therein.
5. Additional penalty for habitual delinquency:
a. Upon 3rd conviction – culprit shall be sentenced to
the penalty provided by law for the last crime of
which he is found guilty and to the additional penalty
of prision correccional in its medium and maximum
periods.
65
b. Upon a 4th conviction – the culprit shall be
sentenced to the additional penalty of prision mayor
in its minimum and medium periods.
c. Upon 5th or additional conviction – the culprit shall
be sentenced to the additional penalty of prision
mayor in its maximum period to reclusion temporal in
its minimum period.
Total of the two penalties shall NOT exceed 30 years.
Effects:
1. Aggravating circumstances (generic and specific) have
the effect of increasing the penalty, without however
exceeding the maximum period provided by law.
2. Mitigating circumstances have the effect of diminishing
the penalty.
3. Habitual delinquency has the effect, not only of
increasing the penalty because of recidivism which is
generally implied in habitual delinquency, but also of
imposing an additional penalty.
Requisites of habitual delinquency: (ConCom10)
1. That the offender had been convicted of any of the
crimes of (FRETSeL)
a. Falsification,
b. Robbery,
c. Estafa,
d. Theft or
e. Serious or less serious physical injuries.
2. That after conviction or after serving his sentence, he
again committed, and, within 10 years from his last
release of first conviction, he was again convicted of
any of the said crimes for the second time.
3. That after his conviction of, or after serving sentence
for the second offense, he again committed, and,
within 10 years from his last release or last conviction,
he was again convicted of any of said offenses, the
third time or oftener.
Subsequent crime must be committed AFTER conviction
of former crime.
In determining the court’s jurisdiction, additional penalty
is NOT considered.
 Habitual 1. When the penalty is single indivisible, it shall be
Recidivism
Deliquency applied regardless of any mitigating (except if
As to the CRIMES committed privilege mitigating) or aggravating circumstances.
The crimes are It is sufficient that the 2. When the penalty is composed of two indivisible
specified accused on the date of penalties, the following rules shall be observed:
his trial, shall have a. When there is only one aggravating circumstance,
been previously the greater penalty shall be imposed.
convicted by final b. When there is neither mitigating nor aggravating
judgment of another circumstances, the lesser penalty shall be
crime embraced in the imposed.
same title. c. When there is a mitigating circumstance and no
As to the PERIOD of time the crimes are aggravating circumstance, the lesser penalty shall
committed be imposed.
The offender is found No period of time d.When both mitigating and aggravating
guilty within ten years between the former circumstances are present, the court shall allow
from his last release or conviction and the last them to offset one another.
last conviction. conviction. 3. When the penalty is composed of two indivisible
penalties, the penalty cannot be lowered by one
As to the NUMBER of crimes committed degree, no matter how many ordinary mitigating
The accused must be The second offense is circumstances are present.
found guilty the third for an offense found in
time or oftener of the the same title. Exception: When a privileged mitigating
crimes specified. circumstance under Art. 68 or Art. 69 is present.

As to their EFFECTS ARTICLE 64

An additional penalty If not offset by a
is also imposed. mitigating
circumstance, it serves
to increase the penalty
only to the maximum
A convict can be a habitual delinquent without being a
recidivist when no two of the crimes committed are
embraced in the same title of the RPC.
The imposition of additional penalty for habitual
delinquency is constitutional because it is neither an ex
post facto law nor does its imposition constitute double
jeopardy since it is not imposed for the same offense but
for the moral depravity of the accused.
ARTICLE 63
RULES FOR THE APPLICATION OF INDIVISIBLE
PENALTIES
Imposable penalty
It is the penalty that will be imposed after applying the
RPC and ISL
Prescribed penalty
It is the penalty prescribed by the RPC after considering
the mitigating and aggravating circumstances
Outline of the rules:
RULES FOR THE APPLICATION OF PENALTIES,
WHICH CONTAIN
THREE PERIODS
Outline of the rules:
1. No aggravating and no mitigating – medium period.
2. Only mitigating – minimum period.
3. Only aggravating – maximum period.
4. Where there are aggravating and mitigating – the court
shall offset those of one class against the other
according to their relative weight.
5. Two or more mitigating and no aggravating – penalty
next lower, in the period applicable, according to the
number and nature of such circumstances.
If there are three mitigating circumstances but two
aggravating circumstances, the rule is not applicable.
The effect is to fix the period at the minimum only.
6. No penalty greater than the maximum period of the
penalty prescribed by law shall be imposed, no matter
how many aggravating circumstances are present.
7. The court can determine the extent of the penalty
within the limits of each period, according to the
number and nature of the aggravating and mitigating
circumstances and the greater or lesser extent of the
evil produced by the crime.
Cases in which mitigating and aggravating
circumstances are NOT considered in the imposition
of penalty:

66 | C r i m i n a l L a w
1. When the penalty is single and indivisible (except if
privileged mitigating)
2. In felonies through negligence
3. When the penalty is only a fine imposed by an
ordinance
4. When the penalties are prescribed by special laws.
2. Simple imprudence, if it is a mere lack of precaution in
those cases where either the threatened harm is not
imminent or the danger is not openly visible.
ARTICLE 68
PENALTY TO BE IMPOSED UPON A
PERSON UNDER 18 YEARS OF AGE

ARTICLE 65 Application of Art. 68:

RULES IN CASES OF PENALTY NOT COMPOSED OF
THREE PERIODS
The courts shall apply the rules in the preceding articles
by:
1. dividing into three (3) equal portions the time included
in the penalty prescribed, and
2. forming one period of each of the three portions.
1. This article is NOT immediately applicable to a minor
under 18 years of age, because when such minor is
found guilty of the offense charged, the court shall
determine the penalty in the judgment of conviction
but shall suspend the promulgation (not the
execution) and orders commitment to a reformatory
institution, if the court therefor approves his
application.

ARTICLE 66 Upon the recommendation of the social worker who

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:
a. the mitigating and aggravating circumstances; and
b. more particularly, the wealth or means of the
culprit.
3. The court may also consider:
a. the gravity of the crime committed;
b. the heinousness of its perpetration; and
c. the magnitude of its effects on the offender’s
victims (People v. Manuel, CA-G.R. Nos. 14648-61-
R,July 6, 1957).
Note:
When the minimum of the fine is not fixed by law, the
determination of the amount of fine is left to the sound
discretion of the court, provided it shall not exceed the
maximum authorized by law.
Wealth or means of culprit is the main consideration in
the imposition of fines.
ARTICLE 67
WHEN NOT ALL REQUISITES OF
ACCIDENT ARE PRESENT
If not all the conditions necessary to exempt from liability
under Art. 12 (4) are present, the act should be
considered as:
1. Reckless imprudence, if the act is executed without
taking those precautions or measures which the most
common prudence would require; and
has custody of the child, the court shall dismiss the
case against the child and shall order the final
discharge of the child if it finds that the objective of
the disposition measures have been fulfilled.
2. This article has been repealed or amended in the
sense that the accused in par. 1 thereof is completely
absolved from criminal liability under RA 9344, hence
there is no basis for considering any privileged
mitigating circumstance in his favor.
3. That circumstance may, however, be involved in its
par. 2 where the accused is over 15 and below 18
years of age but he acted with discernment, and he is
returned to the other correlative proceedings, if any,
have not achieved their purposes and, in effect, the
accused has been found to be incorrigible
(Regalado).
If the court finds that the objective of the disposition
measures imposed upon the child in conflict with the
law have not been fulfilled, or if the child in conflict
with the law has willfully failed to comply with the
conditions of his/her disposition or rehabilitation
program, the child in conflict with the law shall be
brought before the court for promulgation (not
execution) of judgment.
If said child in conflict with the law has reached
eighteen (18) years of age while under suspended
sentence, the court shall determine whether to
discharge the child, to order execution of sentence, or
to extend the suspended sentence for a certain
specified period or until the child reaches the
maximum age of twenty-one (21) years (RA 9344)

67
 ARTICLE 69
PENALTY TO BE IMPOSED WHEN THE CRIME
COMMITTED IS NOT WHOLLY EXCUSABLE
Penalty: Lower by one or two degrees than that
prescribed by law
Application: When there is lack of some of the
conditions required to justify the deed or to exempt from
criminal liability in the several cases mentioned in Arts.
11 and 12; PROVIDED THAT, the majority of such
conditions be present.
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.

Unlawful aggression is indispensable in self-defense, 3. Absorption system

defense of relatives and defense of stranger, without The lesser penalties are absorbed by the graver
which, the offender is not entitled to reduction. penalties.

ARTICLE 70 ARTICLE 71
SUCCESSIVE SERVICE OF SENTENCE GRADUATED SCALES

When the culprit has to serve two or more penalties, he Apply this article in determining the proper degree where
shall serve them simultaneously if the nature of the the law prescribes a penalty lower or higher by two or
penalties will so permit. more degrees than another given penalty.

Otherwise, the order of their severity (under this article) Scale No. 1 Scale No. 2
shall be followed – so that they may be executed 1. Death 1. Perpetual absolute
successively 2. Reclusion perpetua disqualification
3. Reclusion temporal 2. Temporary absolute
Penalties which may be simultaneously served are: 4. Prision mayor disqualification
1. Perpetual absolute disqualification 5. Prisioncorreccional 3. Suspension from
2. Perpetual special disqualification 6. Arresto mayor public office, the right
3. Temporary absolute disqualification 7. Destierro to vote and be voted
4. Temporary special disqualification 8. Arrestomenor for, and the right to
5. Suspension 9. Public censure follow a profession or
6. Destierro 10. Fine calling
7. Public censure 4. Public censure
8. Fine and bond to keep the peace 5. Fine
9. Civil interdiction
10. Confiscation and payment of costs ARTICLE 72
PREFERENCE IN THE PAYMENT
If the sum total of all the penalties does NOT exceed the OF CIVIL LIABILITIES
most severe of all the penalties multiplied by three, the
three-fold rule does NOT apply. Civil liability is satisfied by following the chronological
order of the dates of the final judgment.
The Three-Fold Rule: (3:4:40)
1. The maximum duration of the convict’s sentence shall SECTION THREE – PROVISIONS COMMON IN THE
NOT be more than three times the length of time LAST TWO PRECEDING SECTIONS (ARTS. 73-77)
corresponding to the most severe of the penalties
imposed upon him. Art. 73 – Accessory penalties are also deemed imposed
2. But in no case to exceed 40 years. upon the convict.
3. This rule shall apply only when the convict is to serve
4 or more sentences successively. Art. 74 – The penalty higher than reclusion perpetua,
4. Subsidiary penalty forms part of the penalty. when death is not provided by law, shall be the same
penalty and the accessory penalties of Article 40

68 | C r i m i n a l L a w
 benefit of a guilty person who is not disqualified
Reason: penalty of death must be specifically imposed therefore, when the maximum imprisonment exceeds
by law as a penalty for a given crime. one (1) year. It applies to both violations of Revised
Penal Code and special laws.
Art. 75 – When necessary, fine shall be increased or
reduced for each degree, by ¼ of the maximum amount Purpose of ISL: To uplift and redeem valuable human
prescribed by law, without however, changing the material and prevent unnecessary and excessive
minimum. deprivation of personal liberty and economic usefulness
Fines are graduated into degrees for the accomplices (People vs Ducosin, 59 Phil 109; People vs Onate, 78
and accessories and for the principals in frustrated and SCRA 43) (Gregorio).
attempted felonies.
A. Sentence in the ISL
Distinctions between fine with a minimum and fine Sentence in the ISL
without a minimum. If the penalty is imposed If the penalty is imposed
1. In both, the law fixes the maximum of the fine. by the RPC by Special Penal Laws
2. When the law fixes the minimum of the fine, the court Maximum Term
cannot change the minimum; whereas, when the law
That which could be Must not exceed the
does not state the minimum of the fine but only the
properly imposed under maximum term fixed by
maximum, the court can impose any amount not
the RPC, considering said law.
exceeding such maximum.
the aggravating and
3. When the law fixes both the minimum and the
mitigating
maximum, the court can impose an amount higher
circumstances.
than the maximum; whereas, when only the maximum
Minimum Term
is fixed, it cannot impose an amount higher than the
Within the range of the Must not be less than
maximum.
penalty one degree the minimum term
lower than that prescribed by the same.
Art.76 – The legal period of duration of penalties shall be
prescribed by the RPC,
considered as divided into three parts, forming three
without considering the Note:For special laws, it
periods, the minimum, the medium, and the maximum.
circumstances is anything within the
inclusive range of the
ARTICLE 77
Note:BUT when there is prescribed penalty.
WHEN THE PENALTY IS A COMPLEX ONE
a privileged mitigating Courts are given
COMPOSED OF THREE DISTINCT PENALTIES
circumstance, so that discretion in the
the penalty has to be imposition of the
Complex Penalty
lowered by one degree, indeterminate penalty.
It is a penalty prescribed by law composed of three
the STARTING POINT The aggravating and
distinct penalties, each forming a period: the lightest of
for determining the mitigating
them shall be the minimum, the next the medium, and
minimum term of the circumstances are not
the most severe the maximum period.
indeterminate penalty is considered unless the
the penalty next lower special law adopts the
An example of this is the present penalty for treason by a
than that prescribed by same terminology for
resident alien, which is reclusion temporal to death
the Code for the penalties as those used
(Article 114). With the abolition of the death penalty, such
offense. in the RPC (such as
concept of a complex penalty finds no application now in
reclusiónperpetua and
the computation of penalties, but it is submitted that the
the like).
impasse may be resolved through the process of
computation stated in the second paragraph (Regalado).
In imposing a prison sentence for an offense punished by
INDETERMINATE SENTENCE LAW (ISL) the Revised Penal Code or special penal laws, the court
Act No. 4103 as amended shall sentence the accused to an indeterminate
byAct No. 4225 sentence, which has a maximum and a minimum term
based on the penalty ACTUALLY IMPOSED.
Concept of Indeterminate Sentence
It is a sentence with a minimum term and a maximum ISL application is mandatory, where imprisonment would
term which, the court is mandated to impose for the exceed one year.

69

BUT only when ISL would be favorable to the accused; if
it would result in lengthening his prison sentence, ISL
should NOT be applied.
Note: The modifying circumstances are considered only
in the imposition of the maximum term of the
indeterminate sentence (They are not considered in
fixing the minimum).
B. When benefit of the ISL is NOT applicable:
The Indeterminate Sentence Law shall not apply to
the following persons: 1D2P2 THEM
1. Maximum term of imprisonment actually imposed
does not exceed 1 year
2. Sentenced to the penalty of destierro or
suspension only
3. sentenced to death penalty, reclusion perpertua, or
life imprisonment
4. Convicted of piracy
5. Granted with conditional pardon by the president,
but violated the terms thereof
6. Convicted of treason, or conspiracy or proposal to
commit treason
7. Habitual delinquent
8. Escaped from confinement as a prisoner, or
evaded sentence
9. Convicted misprision of treason, espionage
rebellion, or sedition (MERS)
BUT a recidivist for the first time may be given the
benefits of the ISL.
C. Release of the Prisoner on Parole
The Board of Pardons and Parole may authorize the
release of a prisoner on parole, after he shall have
served the minimum penalty imposed on him,
PROVIDED that:
1. Such prisoner is fitted by his training for release,
2. There is reasonable probability that he will live and
remain at liberty without violating the law,
3. 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:
1. Show himself to be a law-abiding citizen and,
2. Shall not violate any law,
The Board may issue a final certification in his favor,
for his final release and discharge.
E. Sanction for Violation of Conditions of the Parole
When the paroled prisoner shall violate any of the
conditions of his parole:
1. The Board may issue an order for his arrest, and
thereafter,
2. 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 maximum terms in the ISL 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
of the prisoner on parole, upon terms and
conditions prescribed by the Board.
2. But when the paroled prisoner violates any of the
conditions of his parole during the period of
surveillance, he may be rearrested to serve the
remaining unexpired portion of the MAXIMUM
sentence.
3. Even if a prisoner has already served the
MINIMUM, but he is not fitted for release on the
parole, he shall continue to serve until the end of
the MAXIMUM term.
In fixing the minimum penalty, it is necessary for the
court to consider the criminal, first, as an individual and,
second, as a member of society.
G. Illustrations of Application of Indeterminate
Sentence Law
1. Under the Revised Penal Code:
A penalty of reclusion temporal was imposed upon
A for committing homicide.
a. There is no mitigating or aggravating
circumstance
i. Maximum Term – reclusion temporal which
should be imposed in the medium
period (Art 64 par. 1)
ii. Minimum Term – anywhere within the
range of prision mayor, the penalty next
lower from reclusion temporal.
b. There is one ordinary mitigating
circumstance
i. Maximum term – reclusion temporal, in its
minimum period, after considering the
mitigating circumstance.
ii. Minimum term – anywhere within the range
of prision mayor without reference to any of
its period.
c. There is one aggravating circumstance
i. Maximum Term – reclusion temporal, in its
maximum period, after considering the
aggravating circumstance
70 | C r i m i n a l L a w
 ii. Minimum Term – anywhere within the
range of prision mayor without reference to
any of its period
2. Under Special Law:
A is convicted of illegal possession of firearms
punishable by 1 year and 1 day to 5 years of
imprisonment
a. Maximum Term – shall not exceed 5 years as
fixed by law
b. Minimum Term – shall not be less than the
minimum of 1 year and 1 day prescribed by
said law.
PROBATION LAW OF 1976
(PD 968, as amended)
A. Concept
Probation
It is a disposition under which a defendant after
conviction and sentence is released subject to
conditions imposed by the court and to the
supervision of a probation officer.
Probation is NOT an absolute right. It is a mere
privilege whose grant rests upon the discretion of the
trial court. Its grant is subject to certain terms and
conditions that may be imposed by the trial court.
Having the power to grant the probation, it follows that
the trial court also has the power to order its
revocation in a proper case and under proper
circumstances.
B. Three- Fold Purpose
1. To promote the correction and rehabilitation of an
offender by providing him with individualized
treatment;
2. To provide an opportunity for the reformation of a
penitent offender which might be less probable if
he were to serve a prison sentence; and
3. To prevent the commission of offenses.
C. Application
This shall apply to all offenders except those entitled
to benefits under PD 603 and similar laws.
May be granted even if the sentence is fine only, but
with subsidiary imprisonment in case of insolvency.
D. Where and When to File the Application:
An APPLICATION for probation shall be filed by the
defendant with the trial court within the period for
perfecting an appeal.
71
Note: NO application for probation shall be
entertained or granted if the defendant has
PERFECTED AN APPEAL from the judgment of
conviction.
E. Effects of Filing and Grant/Denial of Application
a. FILING of application for probation operates as a
waiver of the right to appeal.
b. The order granting or denying probation shall not
be appealable.
c. Accessory penalties are deemed suspended once
probation is granted.
d. Civil liability is not affected by the suspension of the
sentence imposed on the accused who is granted
probation; court must hear the civil aspect.
The court may, after it shall have convicted and
sentenced a child in conflict with the law, and upon
application at any time, place the child on probation in
lieu of his/her sentence, taking into account the best
interest of the child. For this purpose, Section 4 of
presidential Decree No. 968, otherwise known as the
“Probation Law of 1976” is hereby amended
accordingly (Sec. 42, RA 9344, Juvenile Delinquency
Law).
F. Post-sentence Investigation
The convict is not immediately placed on probation.
There shall be a prior investigation by the probation
officer and a determination by the court. He may,
however, be released under his bail filed in the
criminal case or on recognizance.
G. 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.
H. Probation shall be denied if the court finds that:
1. The offender is in need of correctional treatment
that can be provided effectively by his commitment
to an institution.
2. There is undue risk of committing another crime.
3. Probation will depreciate the seriousness of the
offense committed.
I. Disqualified Offenders
The benefits of the Decree shall NOT be extended to
those:
1. Sentenced to serve a maximum term of
imprisonment of more the 6 years.
2. Convicted of subversion or any crime against the
national security or public order.
 3. Previously convicted by final judgment of an offense 2. If violation is established, the court may (a)
punished by imprisonment of not less than 1 month REVOKE his probation, or (b) continue his
and 1 day and/or a fine not less than P200. probation and MODIFY the conditions thereof.
4. Once placed on probation. This order is not appealable.
5. Who appealed. 3. If revoked, the probationer shall SERVE the
6. Convicted of drug trafficking or drug pushing sentence originally imposed.
7. Convicted of election offenses under the Omnibus
Election Code. M. Termination of Probation
The court may order the final discharge of the
Note: #5 does not apply to minor offenders. A child in probationer upon finding that, he has fulfilled the
conflict with law can apply probation ANYTIME. terms and conditions of his probation.
N. Effects of Termination of Probation
J. Conditions of Probation 1. Case is deemed terminated.
Two kinds of conditions imposed: 2. Restoration of all civil rights lost or suspended.
1. Mandatory or general – once violated, the probation 3. Fully discharges liability for any fine imposed.
is cancelled. They are:
a. Probationer: Presents himself to the probation Note that the probation is NOT coterminous with its
officer designated to undertake his supervision, period. There must be an order issued by the court
at such place as may be specified in the order, discharging the probationer (Bala vs. Martinez, 181
within 72 hours from receipt of order; SCRA 459, 1990).
b. He reports to the probation officer at least once a
month. Pardon Probation
2. Discretionary or special – additional conditions
listed, which the courts may additionally impose on Includes any crime and Exercised individually
the probationer towards his correction and is exercised individually by the trial court.
rehabilitation outside prison. HOWEVER, the by the President
enumeration is not inclusive. Probation statutes are
Exercised when the Must be exercised
liberal in character and enable the courts to
person is already within the period for
designate practically ANY term it chooses, as long
convicted perfecting an appeal.
as the probationer’s Constitutional rights are not
jeopardized. Also, they must not be unduly restrictive Merely looks It promotes the
of probationer, and not incompatible with the FORWARD and correction and
freedom of conscience of probationer. relieves the offender rehabilitation of an
from the consequen- offender by providing
K. Period of Probation ces of an offense of him with individualized
For how long may a convict be placed on which he has been treatment; provides an
probation? convicted; it does not opportunity for the
1. If the convict is sentenced to a term of work for the restoration reformation of a
imprisonment of NOT more than one year, the of the rights to hold penitent offender which
period of probation shall not exceed 2 years. public office, or the right might be less probable
2. In all other cases, if he is sentenced to more than of suffrage, unless such if he were to serve a
one year, said period shall not exceed 6 years. rights are expressly prison sentence; and
3. When the sentence imposes a fine only and the restored by means of prevent the commission
offender is made to serve subsidiary pardon. of offenses.
imprisonment. The period of probation shall be
twice the total number of days of subsidiary Does not alter the fact Does not alter the fact
imprisonment. that the accused is a that the accused is a
recidivist as it produces recidivist as it provides
L. Arrest of Persons on Probation and Subsequent only the extinction of only for an opportunity
Dispositions the personal effects of of reformation to the
1. At any time during probation, the court may issue a the penalty penitent offender
warrant for the ARREST of a probationer for any Does not extinguish the Does not extinguish the
serious violation of the conditions of probation, or civil liability of the civil liability of the
upon commission of another offense. offender offender

72 | C r i m i n a l L a w
 Being a PRIVATE ACT Being a grant by the
by the President, it trial court; it follows that What is the Purpose of the Code?
must be pleaded and the trial court also has The purpose is to avoid a situation where JUVENILE
proved by the person the power to order its OFFENDERS would commingle with ordinary criminals in
pardoned revocation in a proper prison.
case and under proper
circumstances. Guidelines:
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
CHAPTER FIVE: EXECUTION AND against him.
SERVICE OF PENALTIES
(ARTS. 78-88) The court may not pronounce judgment of conviction but
instead SUSPEND all further proceedings.
ARTICLE 78 Note: Suspension of sentence shall NOT APPLY TO (1)
WHEN AND HOW PENALTY IS TO BE EXECUTED a youthful offender who once enjoyed suspension of
sentence under its provisions, or (2) one who is
Only penalty by final judgment can be executed. A convicted of an offense punishable by death or life
penalty shall be executed in the form prescribed by law imprisonment.
and with any circumstances or incidents expressly
authorized thereby. The youthful offender shall be RETURNED to the
committing court for pronouncement of judgment, when
ARTICLE 79 the youthful offender:
SUSPENSION OF THE EXECUTION AND SERVICE OF 1. has been found incorrigible, or
THE PENALTIES IN CASE OF INSANITY 2. has willfully failed to comply with the conditions of his
rehabilitation programs; or
Rules regarding execution and service of penalties in 3. when his continued stay in the training institution
case of insanity: would be inadvisable.
1. When a convict becomes insane or imbecile after final
sentence has been pronounced, the execution of When the youthful offender has reached the age of
such sentence is suspended only as regards the EIGHTEEN while in commitment, the court shall
personal penalty. determine whether-
2. If he recovers his reason, his sentence shall be 1. To DISMISS the case, if the youthful offender has
executed unless the penalty has prescribed. behaved properly and has shown his capability to be
3. Even if while serving his sentence, the convict a useful member of the community; or
becomes insane or imbecile, the above provisions 2. To PRONOUNCE the judgment of conviction, if the
shall be observed. conditions mentioned are not met.
4. But the payment of his civil or pecuniary liabilities shall
not be suspended. In the latter case, the convicted offender may apply
for PROBATION. In any case, the youthful offender
NOTE: Art. 80 has been repealed by PD 603 which was shall be credited in the service of his sentence with
amended by RA 9344. the full time spent in actual commitment and
detention.
THE CHILD AND YOUTH WELFARE CODE
(PD 603, As Amended) The final release of a youthful offender, based on
good conduct as provided in Art. 196 shall not
Who is a Youthful Offender? obliterate his CIVIL LIABILITY for damages.
R.A. 9344 (Juvenile Justice & Welfare Act of 2006)
repealed P.D. 603 (The Child and Youth Welfare Code) Note:
on the matter so that a child 15 years of age or below at Arts. 81 – 85 refer to execution of Death Penalty
the time of the commission of the offense is exempt from Arts. 86 refers to execution and service of other penalties
criminal liability. If the child is over 15 but less than 18 (reclusion perpetua, reclusion temporal, prision mayor,
years of age, he is likewise exempt from criminal liability prisioncorrecional&arresto mayor)
UNLESS he acted with discernment.

73
 ARTICLE 87
DESTIERRO
Destierro
It is considered as a principal, correctional and divisible
penalty. Therefore jurisdiction over crimes punishable
with destierro lies with the Municipal Trial Court.
Only in the following cases is destierro imposed:
1. Death or serious physical injuries is caused or are
inflicted under exceptional circumstances (Art. 247);
2. Failure to give bond for good behavior in grave and
light threats (Art. 284);
3. Penalty for the concubine in concubinage (Art. 334);
4. When, after reducing the penalty by one or more
degrees, destierro is the proper penalty.
Entering the prohibited area is evasion of the service of
the sentence.
ARTICLE 88
ARRESTO MENOR
Served in:
1. Municipal jail;
2. House of defendant himself under the surveillance of
an officer of law BUT ONLY when the court so
provides in its decision
Grounds: health of the offender; other reasons
satisfactory to the court
TITLE FOUR: EXTINCTION OF
CRIMINAL LIABILITY
CHAPTER ONE: TOTAL EXTINCTION OF
CRIMINAL LIABILITY
(ARTS. 89-93)
ARTICLE 89
CRIMINAL LIABILITY IS
TOTALLY EXTINGUISHED
How criminal liability totally extinguished: (DSP3AM)
1. By the death of the convict as to personal penalties;
but as to pecuniary penalties, liability is extinguished
only when the death of the offender occurs before
final judgment;
2. By service of sentence; however, it does not
extinguish the civil liability; (Salgado vs. Court of
Appeals, G.R. No. 89606, August 30, 1990)
3. By absolute pardon;
4. By prescription of the crime;
5. By prescription of penalty;
6. By amnesty, which completely extinguishes the
penalty and all its effects;
7. By marriage of the offended woman with the offender
in the crimes of rape, seduction, abduction, and acts
of lasciviousness. In the crimes of rape, seduction,
abduction, and acts of lasciviousness, the marriage,
as provided under Art. 344, must be contracted in
good faith.
Extinction of criminal liability does not automatically
extinguish civil liability (Petralba v. Sandiganbayan, G.R.
no. 8137, August 16, 1991).
Death of the offended party will not extinguish the
criminal liability of the accused even in private offenses.
Civil liability is extinguished only when death occurs
before final judgment.
Judgment becomes final:
1. After the lapse of the period for perfecting an appeal;
or
2. When the sentence has been partly or totally satisfied
or served; or
3. The defendant has expressly waived in writing his right
to appeal (Sec. 7, Rule 16, Rules of Court).
Effect of death of the accused pending appeal of his
conviction
General Rule: The death of the accused pending the
appeal of his conviction extinguishes his criminal liability
as well as his civil liability based solely on the offense
committed.
Exception: Civil liability arising from sources other than
the crime committed survives and may be pursued in a
separate civil action. Sources of civil liability other than
crime are law, contracts, quasi-contracts and quasi-
delicts. (People vs. Bayotas, G.R. No. 152007,
September 2, 1994)
Amnesty
It is an act of the sovereign power granting oblivion or
general pardon for a past offense, and is rarely if ever
exercised in favor of a single individual, and is usually
extended in behalf of certain classes of persons who are
subject to trial but have not yet been convicted.
Pardon
It is an act of grace, proceeding from the power entrusted
with the execution of the laws, which exempts the
individual on whom it is bestowed from the punishment
the law inflicts for the crime he has committed.
74 | C r i m i n a l L a w
Pardon must be given AFTER final judgment, otherwise, Does not extinguish the Does not extinguish the
there will be violation of the Doctrine of Separation of civil liability of the civil liability of the
Powers. offender offender

Absolute Pardon Conditional Pardon Being a PRIVATE ACT Being a Proclamation of

by the President, it the Chief Executive with
The total extinction of The exemption of an must be pleaded and the concurrence of
criminal liability of the individual within certain proved by the person Congress; it is a
individual to whom it is limits or conditions from pardoned PUBLIC ACT of which
granted without any the punishment which the courts should take
condition. the law inflicts for the judicial notice
offense he had ARTICLE 90
It restores to the committed resulting in PRESCRIPTION OF CRIMES
individual his civil and the partial extinction of
political rights and his criminal liability. Prescription of the crime
remits the penalty It is the forfeiture or loss of the right of the State to
imposed for the prosecute the offender after the lapse of a certain time.
particular offense of
which he was Based on the penalty prescribed by the RPC.
convicted. In computing the period of prescription, the first is to be
excluded and the last day included.

Pardon Amnesty Prescriptive periods of crimes:

1. Crimes punishable by
Includes any crime and A blanket pardon to
a. Death, reclusión perpetua or reclusión temporal –
is exercised individually classes of persons or
20 years
by the President communities who may
b. Afflictive penalties – 15 years
be guilty of political
c. Correctional penalties – 10 years except those
offenses.
punishable by arresto mayor which shall prescribe
Exercised when the May be exercised even in 5 years.
person is already before trial or 2. Crime of libel – 1 year
convicted investigation is had 3. Offenses of oral defamation and slander by deed – 6
months
Merely looks Looks BACKWARD and a. Simple slander – 2 months
FORWARD and abolishes and puts into b. Grave slander – 6 months
relieves the offender oblivion the offense 4. Light offenses – 2 months
from the consequen- itself; it so overlooks 5. Crimes punishable by fines
ces of an offense of and obliterates the a. If fine is afflictive – 15 years
which he has been offense with which he is b. If it is correctional – 10 years
convicted; it does not charged that the person c. If it is light – 2 months
work for the restoration released by amnesty
of the rights to hold stands before the law The subsidiary penalty for nonpayment of the fine should
public office, or the right precisely as though he not be considered in determining the period of such
of suffrage, unless such had committed no crimes.
rights are expressly offense.
restored by means of When fine is an alternative penalty higher than the other
pardon. penalty which is by imprisonment, prescription of the
Does not alter the fact Makes an ex-convict no crime is based on the fine.
that the accused is a longer a recidivist,
recidivist as it produces because it obliterates Illegal recruitment – prescription is determined from the
only the extinction of the last vestige of the time the accused is certified as an illegal recruiter.
the personal effects of crime
the penalty Rule where last day of prescriptive period falls on a
Sunday or legal holiday

75
The information can no longer be filed on the next day as
the crime has already prescribed.
Period will not be prolonged because doubt should be
resolved in favor of the accused.
When the penalty is a compound one:
The highest penalty is the basis of the application of the
rules contained herein.
Is there a conflict between the provisions of the Revised
Penal Code on prescription of crimes and Section 8, Rule
117 of Rules of Court (time-bar)?
NO, it is but a limitation of the right of the State to revive
a criminal case against the accused after the Information
had been filed but subsequently provisionally dismissed
with the express consent of the accused. If a criminal
case is dismissed on motion of the accused because the
trial is not concluded within the period therefor, the
prescriptive periods under the Revised Penal Code are
not thereby diminished. But whether or not the
prosecution of the accused is barred by the statute of
limitations or by the lapse of the time-line under the new
rule, the effect is basically the same.
Violations penalized by special laws
Such offenses are, unless otherwise provided in their
respective special penal laws, prescribe in accordance
with the following rules:
1. After 1 year for offenses punished only by a fine or by
imprisonment for not more than one month, or both;
2. After 4 years for those punished by imprisonment for
more than one month, but less than two years;
3. After 8 years for those punished by imprisonment for
two years or more, but less than six years; and
4. After 12 years for any other offense punished by
imprisonment for six years or more, except the crime
of treason, which shall prescribe after twenty years.
5. Violations penalized by municipal ordinances shall
prescribe after 2 months (Act 3326)
When prescription of violations penalized by special
laws and ordinances begins to run
It begins from the day of the commission of the violation,
and if the same be not known at the time, from the
discovery thereof and the institution of judicial
proceedings for its investigation and punishment (Sec. 2,
Act No. 3326).
When prescription interrupted
It shall be interrupted when proceedings are instituted
against the guilty party, and shall begin to run again if the
proceedings are dismissed for reasons not constituting
jeopardy (Sec. 2, Act No. 3326).
Note: In Romualdez v. Marcelo et al. (GR No. 165510-
33, July 28, 2006) the Court ruled that the running of the
prescription of an offense punished by a special law is
NOT tolled by the absence of the offender from
Philippine soil.
ARTICLE 91
COMPUTATION OF PRESCRIPTION
OF OFFENSES
Outline:
1. Period of prescription commences to run from the day
on which the crime is discovered by the offended
party, the authorities, or their agents.
The period of prescription of crime commences to run
from the commission of the offense or its discovery, if
the commission of the same was unknown (People v.
Tamayo, 40 O.G. 2313).
2. It is interrupted by the filing of the complaint or
information corresponding to the offense committed
with the prosecutor except in cases falling under the
Rules on Summary Procedure (must be filed with the
court) and when filed with the Punong Barangay
(interruption should not exceed 60 days).
3. It shall commence to run again when such
proceedings terminate without the accused being
convicted or acquitted, or unjustifiably stopped for any
reason not imputable to the accused.
The termination contemplated here refers to a
termination that is final as to amount to a jeopardy
that would bar a subsequent prosecution.
4. The term of prescription shall not run when the
offender is absent from the Philippine Archipelago.
The prescriptive period of continuing crime, cannot begin
to run because there could be no termination of
continuity and the crime does not end.
The filing of the complaint with the municipal trial court,
although only for preliminary investigation, interrupted
and suspended the period of prescription in as much as
the jurisdiction of a court in a criminal case is determined
by the allegation in the complaint or information, not by
the result of proof.
Accused cannot be convicted of lesser offense included
within the offense charged, if the latter has already
prescribed. (Francisco vs. Court of Appeals, 122 SCRA
545, 1983)
Situations which do NOT follow Art. 91:
1. Continuing crimes;
2. In crimes against false testimony
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 a. If the testimony is against the defendant – from the
date final judgment was rendered;
b. If the testimony is in favor of the defendant – from
the date when testimony was given
3. Election offenses – (1) if discovery of offense is
incidental to judicial proceedings, prescription begins
when such proceeding terminates; otherwise, (2) from
the date of commission of offense.
4. Bigamy – although marriage is registered, prescriptive
period commences from date of discovery.
Effect of filing an amended complaint or information
upon period of prescription
If the amendment charges a different crime, the date of
the amended complaint or information should be
considered. If it is merely a correction of a defect, the
date of the original complaint or information should be
considered.
ARTICLE 92
PRESCRIPTION OF PENALTIES
Prescription of the penalty
It is the loss or forfeiture of the right of the government to
execute the final sentence, after the lapse of a certain
time.
Prescription of penalties is based on the penalty
imposed.
Prescriptive periods of penalties:
1. Death and reclusion perpetua – 20 years
2. Other afflictive penalties – 15 years
3. Correctional penalties – 10 years except for the
penalty of arresto mayor which prescribes in 5 years.
4. Light penalties – 1 year
The penalties must be imposed by final sentence.
Hence, if the convict appealed and thereafter fled to the
mountains, the penalty imposed upon him would never
prescribe, because pending the appeal, the sentence is
not final.
If the accused was never arrested to serve his sentence,
the prescriptive period cannot commence to run.
Prescription of the Prescription of the Penalty
Crime
The forfeiture or loss of The forfeiture or loss of the
the right of the State to right of the government to
prosecute execute the final sentence
77
It is the penalty It is the penalty imposed that
prescribed by law that should be considered.
should be considered.
ARTICLE 93
COMPUTATION OF THE PRESCRIPTION
OF PENALTIES
Outline:
1. Period of prescription commences to run from the date
when the culprit evaded the service of his sentence.
2. It is interrupted if the convict:
a. Gives himself up;
b. Be captured;
c. Goes to a foreign country with which we have no
extradition treaty; or
d. Commits another crime before the expiration of the
period of prescription.
The period of prescription of penalty shall commence to
run again when the convict escapes again, after having
been captured and returned to prison.
Elements:
1. That the penalty is imposed by final judgment;
2. That the convict evaded the service of his sentence by
escaping during the term of his sentence;
3. The convict who escaped from prison has not given
himself up, or been captured, or gone to a foreign
country with which we have no extradition treaty, or
committed another crime;
4. If our Government has extradition treaty with the
country to which the offender escaped, but the crime
committed is not included in the treaty, it is believed
that it would interrupt the running of the prescriptive
period.
5. That the penalty has prescribed, because of the lapse
of time from the date of the evasion of service of the
sentence by the convict.
6. Acceptance of conditional pardon interrupts the
prescriptive period.
Should the evasion of service of sentence, being in
itself a crime, interrupt the running of the
prescriptive period of penalties?
NO. The evasion of the service of the sentence, which is
a requisite in the prescription of penalties, must
necessarily take place BEFORE the running of the period
of prescription; hence, cannot interrupt it.
Period of prescription that ran during the evasion is
not forfeited
If the culprit is captured and evades again the service of
his sentence, the period of prescription that has run in his
favor should be taken into account.
 Obligation incurred by a person granted conditional
pardon
CHAPTER TWO: PARTIAL EXTINCTION
OF CRIMINAL LIABILITY (ARTS. 94-99)
He must comply strictly with the conditions imposed in
the pardon.

ARTICLE 94 Failure to comply with the condition shall result in the

PARTIAL EXTINCTION revocation of the pardon. Under Section 64(i), R.A.C, the
OF CRIMINAL LIABILITY Chief Executive may order his arrest and reincarceration.

Criminal liability is partially extinguished: He becomes liable under Art. 159 (This is the judicial
1. By conditional pardon; remedy).
2. By commutation of sentence;
The commutation of the original sentence for another Allowance for good conduct is NOT given to prisoners
of a different length and nature shall have the legal released under conditional pardon.
effect of substituting the latter in place of the former.
3. For good conduct allowances which the culprit may Allowance for Good Conduct
earn while he is serving his sentence; 1. During the first 2 years of imprisonment, he shall be
4. By parole allowed a deduction of 5 days for each month of good
a. Parole – is the suspension of the sentence of a behavior.
convict, after serving the minimum term of the 2. During the 3rd to 5th years of imprisonment, he shall be
indeterminate penalty, without being granted a allowed a deduction of 8 days for each month of good
pardon, prescribing the terms upon which the behavior.
sentence shall be suspended 3. During the following years until the 10th year of
b. If the convict fails to observe the condition of the imprisonment, he shall be allowed a deduction of 10
parole, the board of pardons and parole is days for each month of good behavior.
authorized to: 4. During the 11th and successive years of imprisonment,
i. Direct his arrest and return to custody and he shall be allowed a deduction of 15 days for each
thereafter; month of good behavior.
ii. To carry out his sentence without deduction of
the time that has elapsed between the date of Special time allowance for loyalty
the parole and the subsequent arrest. It is the deduction of 1/5 of the period of the sentence of
5. By probation. a prisoner who, having evaded the service of his
sentence during calamity or catastrophe mentioned in
Conditional Pardon Parole Art. 158, gives himself up to the authorities within 48
May be given at any May be given after the hours following the proclamation by the President
time after final prisoner has served announcing the passing away of the calamity or
judgment; is granted the minimum penalty; catastrophe.
by the Chief Executive is granted by the
under the provisions of Board of Pardons and The authority to grant time allowance is exclusively
the Administrative Parole under the vested in the Director of Prison. Such allowance once
Code provision of the granted shall not be revoked.
Indeterminate
Sentence Law In order to be entitled to the special allowance for loyalty,
For violation of the For violation of the the convict must have actually escaped.
conditional pardon, the terms of the parole,
convict may be the convict cannot be
ordered re-arrested or prosecuted. Under Art.
re-incarcerated by the 159 of the RPC, he
Chief Executive, or can be re-arrested and
may be prosecuted re-incarcerated to
under Art. 159 of the serve the unserved
Code portion of his original
penalty.

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TITLE FIVE: CIVIL LIABILITY
CHAPTER ONE: PERSONS CIVILLY
LIABLE FOR FELONIES
(ARTS. 100-103)
ARTICLE 100
CIVIL LIABILITY OF A PERSON
GUILTY OF FELONY
Every person criminally liable for a felony is also
civilly liable (Art. 100).
Exceptions:
1. Victimless crimes;
2. Flight to enemy country.
A crime has a dual character:
1. As an offense against the State, because of the
disturbance of the social order; and
2. As an offense against the private person injured by the
crime, UNLESS it involves the crime of treason,
rebellion, espionage, contempt, and others wherein
no civil liability arises on the part of the offender,
either because there are no damages to be
compensated or there is no private person injured by
the crime.
Effect of acquittal
Extinction of the penal action does NOT carry with it
extinction of the civil; UNLESS the extinction proceeds
from a declaration in a final judgment that the fact from
which the civil liability might arise did not exist. (See
Section 1, Rule 111 of the 2000 Rules on Criminal
Procedure. Civil liability arising from other sources of
obligations is not impliedly instituted with the criminal
action).
Effect of dismissal of case
The dismissal of the information or the criminal action
does NOT affect the right of the offended party to
institute or continue the civil action already instituted
arising from the offense, because such dismissal or
extinction of the penal action does not carry with it the
extinction of the civil action.
Effect of death of the offender
If the offender dies prior to the institution of the action or
prior to the finality of judgment, civil liability ex-delicto is
extinguished (De Guzman vs. People, G.R. No. 154579,
October 8, 2003).
79
In all these cases, civil liability from sources other than
delict are not extinguished.
Rule if the offender is acquitted, insofar as the civil
liability is concerned
As a rule, if the offender is acquitted, the civil liability is
extinguished, EXCEPT:
1. If the acquittal is on the ground that the guilt has not
been proven beyond reasonable doubt;
2. The acquittal was due to an exempting circumstance
in favor of an imbecile or an insane person, and a
person under 15 years of age, or those over 15 but
under 18, who has acted without discernment, or
those acting under the compulsion of an irresistible
force or under the impulse of an uncontrollable fear of
equal or greater injury;
3. When the court finds and states in its judgment that
there is only civil responsibility; and
4. When civil liability arises from other sources of
obligations
ARTICLE 101
RULES REGARDING CIVIL LIABILITY
IN CERTAIN CASES
Civil liability is still imposed in cases falling under
exempting circumstances, EXCEPT:
1. No civil liability in paragraph 4 of Art. 12 which
provides for injury caused by mere accident.
2. No civil liability in paragraph 7 of Art. 12 which
provides for failure to perform an act required by law
when prevented by some lawful or insuperable cause.
Persons civilly liable for acts of insane or minor
exempt from criminal liability (Paragraphs 1, 2 and 3
of Article 12)
The civil liability for acts committed by an imbecile or
insane or minor exempt from criminal liability shall
devolve upon the person having legal capacity or control
over them, if the latter are at fault or negligent. They are
primarily liable.
If there is no fault or negligence on their part, or even if at
fault or negligent but insolvent, or should there be no
person having such authority or control, the insane,
imbecile, or such minor shall respond with their own
property not exempt from execution.
Persons civilly liable for acts of minors over 15 years
of age who act with discernment
Article 201 of the Youth Welfare Code provides that the
civil liability for acts committed by a youth offender shall
devolve upon the following persons:
1. Offender’s father;
2. Mother, in case of the father’s death or incapacity;
3. Guardian, in case of mother’s death or incapacity
Persons civilly liable for acts committed by persons
acting under irresistible force or uncontrollable fear
1. The persons using violence or causing the fear are
primarily liable.
2. If there be no such persons, those doing the act shall
be liable secondarily.
No civil liability is imposed in cases falling under justifying
circumstances, EXCEPT under paragraph 4 of Article 11,
where a person does an act, causing damage to another,
in order to avoid evil or injury, the person benefited by
the prevention of the evil or injury shall be civilly liable in
proportion to the benefit he received.
ARTICLE 102
SUBSIDIARY LIABILITY OF INNKEEPERS,
TAVERNKEEPERS, AND PROPRIETORS
OF ESTABLISHMENTS
Elements under paragraph 1:
1. That the innkeeper, tavernkeeper or proprietor of
establishment or his employee committed a violation
of municipal ordinance or some general or special
police regulation.
2. That the crime is committed in such inn, tavern or
establishment.
3. That the person criminally liable is insolvent.
Concurrence of all elements makes the innkeeper,
tavernkeeper, or proprietor civilly liable for the crime
committed in his establishment.
Elements under paragraph 2:
1. That the guests notified in advance the innkeeper or
the person representing of the deposit of their goods
within the inn or house.
2. The guests followed the directions of the innkeeper or
his representative with respect to the care of and
vigilance over such goods.
3. Such goods of the guests lodging therein were taken
by robbery with force upon things or theft committed
within the inn or house.
No liability shall attach in case of robbery with violence
against or intimidation of persons, unless committed by
the innkeeper’s employees.
It is not necessary that the effects of the guest be
actually delivered to innkeeper
ARTICLE 103
SUBSIDIARY CIVIL LIABILITY
OF OTHER PERSONS
Elements:
1. The employer, teacher, person, or corporation is
engaged in any kind of industry.
2. Any of their servants, pupils, workmen, apprentices, or
employees commits a felony while in the discharge of
his duties.
3. The said employee is insolvent and has not satisfied
his civil liability.
Industry
It refers to a form of productive work, especially of
manufacture, or a particular class of productive work
itself, a trade or manufacture.
Notes:
A hospital doing charitable service is not engaged in
industry; hence, not subsidiarily liable for acts of nurses.
The employment of the diligence to be expected of a
good father of a family in the selection and supervision of
his employees will not exempt the parties subsidiarily
liable for damages.
Subsidiary liability of employer arises only after the
conviction of the employee in the criminal action.
The subsidiary liability may be enforced only upon a
motion for subsidiary writ of execution against the
employer and upon proof that the employee is insolvent
(Basilio v. Court of Appeals, 385 Phil. 21 [2000]).
If committed by a family driver, employer may be held
liable on a quasi-delict.
CHAPTER TWO: WHAT CIVIL LIABILITY
INCLUDES (ARTS. 104-111)
ARTICLE 104
WHAT IS INCLUDED IN
CIVIL LIABILITY
Restitution
Restitution of the thing itself must be made whenever
possible even when found in the possession of a third
person except when acquired by such person in any
manner and under the requirements which, by law, bar
an action for its recovery.
Restitution cannot be ordered before final judgment.
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The liability to return a thing must arise from a criminal
act, not from a contract.
Restitution can be ordered even if accused was acquitted
but the thing was proved to belong to a third person.
In addition to the return of the property, the culprit will be
ordered to pay such amount representing the
deterioration or diminution of value, if any.
Limited only to crimes against property BUT:
1. In a treason case, the defendant was ordered to return
the money he took from another person when he
committed the treasonous act (People vs. Logo, 80
Phil 377, 379).
2. In an abduction case, the defendant was ordered to
return the money taken from the offended girl (U.S.
vs. Banila, 19 Phil. 130, 134).
Reparation of damages
Reparation will be ordered by the court if restitution is not
possible. The court shall determine the amount of
damage, taking into consideration the price of the thing,
whenever possible, and its special sentimental value to
the injured party. It refers generally to crimes against
property.
If there is no evidence as to the value of the thing
unrecovered, reparation cannot be made (People v.
Dalena, C.A., G.R. Nos. 11387-R and 11388-R, October
25, 1954).
Indemnification for damages
Includes not only those caused the injured party, but
also, those suffered by his family or by a third person by
reason of the crime. It is ordinarily the remedy granted to
the victims of crimes against persons.
Reparation of and indemnification for damages may be
obtained only from the accused and his heirs.
Contributory negligence on the part of the offended party
reduces the civil liability of the offender.
The obligation to make restoration or reparation for
damages and indemnification for consequential damages
devolves upon the heirs of the person liable. The action
to demand restoration, reparation and indemnification
likewise descends to the heirs of the person injured.
Payment of civil liability:
1. Only principals - Pro rata
- Solidary obligation
2. Principal, accomplice, and accessory:
81
Principals - Pro rata, 50 % of the civil liability
Accomplices - 2/3 of 50%
Accessories - 1/3 of 50%
The principals, accomplices and accessories shall be
liable severally among themselves and subsidiarily for
those of the other persons liable.
Any person who has participated gratuitously in the
proceeds of a felony shall be bound to make restitution in
an amount equivalent to the extent of such participation.
In computing the loss of the victim’s earning capacity, as
an item of civil liability exdelicto, the Supreme Court has
constantly adopted the American Expectancy Table of
Mortality in the Computation thereof, using the following
formulae:
Net Earning Capacity = Life Expectancy x (Gross Annual
Income – Living Expenses)
1. Life expectancy = 2/3 x (80 – age at death)
2. Gross annual income = Monthly earnings x number of
months
3. Living Expenses = 50% of Gross Annual Income
CHAPTER THREE: EXTINCTION AND
SURVIVAL OF CIVIL LIABILITY
(ARTS. 112-113)
ARTICLE 112
EXTINCTION OF CIVIL LIABILITY
Civil liability is extinguished (PC3NO)
1. By payment or performance;
2. By the condonation or remission of the debt;
3. By the confusion or merger of the rights of the creditor
and debtor;
4. By compensation;
5. By novation;
6. Other causes of extinguishment of obligations, such as
annulment, rescission, fulfillment of a resolutory
condition, and prescription.
Note: Civil liability in criminal cases is not extinguished
by the loss of the thing due because reparation will be
ordered by the court in such cases. Except as provided in
Article 112, the offender shall continue to be obliged to
satisfy the civil liability arising from the crime committed
by him.
 TITLE ONE:
CRIMES AGAINST NATIONAL
SECURITY AND LAW OF NATIONS
SECTION ONE: TREASON AND ESPIONAGE
ARTICLE 114
TREASON
Treason
It is a breach of allegiance to a government, committed
by a person who owes allegiance to it.
Allegiance
It is the obligation of fidelity and obedience which the
individual owes to the government under which he lives
or to his sovereign, in return for the protection he
receives. Hence, an alien residing in the Philippines may
be prosecuted for acts of treason due to the temporary
allegiance he owes to the Philippine government.
Elements of treason:
1. That the offender owes allegiance to the
Government of the Philippines; (a Filipino citizen
or an alien residing in the Philippines).
Place of commission:
Filipino Citizen: Anywhere (Art.2, RPC) since he owes
permanent allegiance which consists in the obligation
of fidelity and obedience which a citizen or subjects
owes to his government or sovereign.
Alien: Only in the Philippines (EO No. 44) except in
case of conspiracy.
An alien owes permanent allegiance to his own
country, at the same time, a temporary allegiance to
the country where he resides. Temporary allegiance is
the obligation of fidelity & obedience which an alien
owes to the government of the country where he
resides.
2. That there is a war in which the Philippines is
involved;
Treason is a war crime. It remains dormant until the
emergency arises.
But as soon as war starts, it is put into effect (Laurel
vs. Misa, G.R. No. L-200 March 28, 1946).
3. That the offender either (modes of committing):
a. Levies war against the government; or
b. Adheres to the enemies, giving them aid or comfort.
Ways of being committed:
1. Levying war
Requisites:
a. That there is an actual assembling of men; and
b. For the purpose of executing a treasonable design
by force.
It is not necessary that there be a formal
declaration of the existence of a state of war. Actual
hostilities may determine the date of the
commencement of war (U.S. vs Lagnason, G.R.
No. 1582. March 28, 1904).
The levying of war must be with intent to overthrow
the government not merely to resist a particular
statute or to repel a particular officer. It is not
necessary that those attempting to overthrow the
government by force of arms should have the
apparent power to succeed in their design, in whole
or in part.
2. Adherence to the enemies, giving them aid and
comfort
Requisites:
a. Adherence to the enemies, AND
b. Giving of aid or comfort to them.
Note: Mere adherence without its physical
manifestation through the giving of aid or comfort is not
sufficient to constitute treason. Both adherence and
the giving of aid or comfort to the enemy must concur.
The term “enemy” applies only to the subjects of a
foreign power in a state of hostility with the traitor’s
country. It does not embrace rebels in insurrection
against their own country, for in that case the crime
would be rebellion.
The act committed need not actually strengthen the
enemy or be successful. However, the act must be
such that it directly and materially tends to improve the
conduct of war of the enemy.
“Adherence to enemy”
It means that there is intent to betray. The accused
intellectually or emotionally favors the enemy and
harbors sympathies or convictions disloyal to his
country’s policy or interest.
“Rendering aid or comfort”
It means an act which strengthens or tends to
strengthen the enemy in the conduct of war against the
traitor’s country or any act which weakens or tends to
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 Treason Sedition
Philippines must be at
war with another Internal conflict
country.
Violation of oath of Causing disturbances in
allegiance. one’s country.
The purpose of levying Such purpose is not
war is to help the necessary. (e.g. civil
enemy. uprising)
weaken the power of the traitor’s country to resist or to
attack the enemy.
Extent of aid or comfort – it must be a deed or physical
activity and not merely a mental operation such as acts
furnishing the enemy with arms, troops, supplies,
information, or means of transportation.
The extent of aid and comfort given to the enemies
must be to render assistance to them as enemies and
not merely as individuals and, in addition, be directly in
furtherance of the enemies’ hostile designs.
Giving information to (People vs. Paar, G.R. No. L-
2318, March 31, 1950), or commandeering foodstuffs
(People vs. Mangahas, 93 Phil 113) for the enemy is
evidence of both adherence and aid or comfort.
It is not essential that the effort to aid be successful,
provided overt acts are done which if successful would
advance the interest of the enemy (People vs. Alarcon,
G.R. No. L-407, July 28, 1947)
Commandeering of women to satisfy the lust of
the enemy is not treason.
Adherence may be proved:
1. By one witness;
2. From the nature of the act itself; or
3. From the circumstances surrounding the act.
Ways of proving Treason (overt act):
1. Testimony of two witnesses, at least, to the same overt
act (two-witness rule); or
The testimonies must refer to the same act, place and
moment of time.
If the overt act is separable, two witnesses must also
testify to each part of the overt act.
It is sufficient that the witnesses are uniform in their
testimony on the overt act. It is not necessary that
there be corroboration between them.
83
2. Confession of guilt by the accused in open court.
Treason absorbs crimes committed in furtherance
thereof. Treason cannot be complexed with other
crimes.
Treason is a CONTINUOUS OFFENSE. Treason is of
such nature that it may be committed by one single
act, by series of acts, or by several series thereof, not
only in a single time, but in different times, it being a
continuous crime (People vs. Victoria, G.R. No. L-369,
March 13, 1947).
Defenses:
a. Allowed:
i. Duress and fear of immediate death.
ii. Obedience to a de facto government (Mere
acceptance of public office and discharge of
official duties under the enemy do not constitute
per se the felony of treason. BUT when the
position is policy-determining, the acceptance of
public office and the discharge of official duties
constitute treason).
b. NOT allowed:
i. Suspended allegiance (since sovereignty is
not suspended in times of war, only the
exercise thereof is suspended).
ii. Change in sovereignty
iii. Loss of citizenship by joining the army of the
enemy.
There is no treason thru negligence. The overt act of
giving aid or comfort to the enemy must be intentional.
Circumstances inherent in treason: treachery, abuse of
superior strength and evident premeditation.
Circumstances aggravating in treason: ignominy, cruelty,
amount or degree of aid, gravity of separate distinct acts
of treason.
ARTICLE 115
CONSPIRACY & PROPOSAL
TO COMMIT TREASON
Conspiracy to commit treason
Committed when in time of war, two or more persons
come to an agreement to levy war against the
Government or to adhere to the enemies and to give
them aid or comfort, and decide to commit it (Arts. 8 and
114).
Proposal to commit treason
Committed when in time of war a person who has
decided to levy war against the Government or to adhere
to the enemies and to give them aid or comfort, proposes
its execution to some other person or persons (Arts. 8
and 114).
As a general rule, conspiracy and proposal to commit a
felony are not punishable (Article 8). Art 115 is an
exception as it specifically penalizes conspiracy and
proposal to commit treason.
The reason for the provision is that in treason, the very
existence of the state is endangered.
The two-witness rule does NOT apply because this is a
separate and distinct offense from that of treason.
These felonies are absorbed if treason is actually
committed.
ARTICLE 116
MISPRISION OF TREASON
Elements:
1. That the offender is a citizen of the Philippines, and
not a foreigner;
2. That he has knowledge of any conspiracy against the
Government;
3. That the conspiracy is one to commit treason; and
4. That he conceals or does not disclose and make
known the same as soon as possible to the proper
authority.
Art. 116 does NOT apply when treason is already
committed and the accused does not report its
commission.
Art 116 is an EXCEPTION to the rule that mere silence
does not make a person criminally liable.
The phrase “shall be punished as an accessory to the
crime of treason,” mentioned in the provision, does not
mean that the offender is, legally speaking, an accessory
to the crime of treason because he is already a principal
in the crime of misprision of treason. It simply means that
the penalty imposed is that of an accessory to the crime
of treason.
But the offender in Article 116 is a principal in the crime
of misprision of treason. Misprision of treason is a
separate and distinct offense from the crime of treason.
ARTICLE 117
ESPIONAGE
Espionage
The offense of gathering, transmitting, or losing
information respecting the national defense with intent or
reason to believe that the information is to be used to the
injury of the Republic of the Philippines or to the
advantage of a foreign nation.
Two ways of committing:
1. By entering, without authority, a warship, fort, or
military or naval establishment or reservation to obtain
any information, plans, photographs, or other data of
confidential nature relative to the defense of the
Philippines.
Elements:
a. That the offender enters any of the places
mentioned therein;
b. That he has no authority therefor; and
c. That his purpose is to obtain information, plans,
photographs or other data of a confidential nature
relative to the defense of the Philippines.
Offender must have the intention to obtain
information relative to the defense of the Philippines.
However, it is not necessary that the information is
actually obtained.
Person liable is any person (citizen or foreigner;
private individual or public officer).
2. By disclosing to the representative of a foreign nation
the contents of the articles, data or information referred
to in the preceding paragraph, which he had in his
possession by reason of the public office he holds.
Elements:
a. That the offender is a public officer;
b. That he has in his possession the articles, data or
information referred to in par. 1 of Art. 117, by
reason of the public office he holds; and
c. That he discloses their contents to a representative
of a foreign nation.
COMMONWEALTH ACT NO. 616
An Act to Punish Espionage and
Other Offenses Against
National Security
Acts Punished:
1. Unlawfully obtaining or permitting to be obtained
84 | C r i m i n a l L a w
 information affecting national defense.
Ways of Violating Sec. 1:
a. By going upon, entering, flying over or otherwise
obtaining information concerning any vessel, aircraft,
work of defense or other place connected with the
national defense or any other place where any
vessels, aircrafts, arms, munitions or other materials
for use in time of war are being made, or stored, for
the purpose of obtaining information respecting
national defense, with intent to use it to the injury of
the Philippines or to the advantage of any foreign
nation.
b. By copying, taking, making or attempting or inducing
or aiding another to copy, take, make or obtain any
sketch, photograph, photographic negative,
blueprint, plan, map instrument, appliance,
document, writing or note of anything connected with
the national defense, for the same purpose and with
like intent as in par. A.
c. By receiving or obtaining or agreeing or attempting
or inducing or aiding another to receive or obtain
from any sources any of those data mentioned in
par. B, code book or signal book, knowing that it will
be obtained or disposed of by any person contrary to
the provisions of this act.
d. By communicating or transmitting, or attempting
to communicate or transmit to any person not
entitled to receive it, by willfully retaining and failing
to deliver it on demand to any officer or employee
entitled to receive it, the offender being in
possession of, having access to, control over, or
being entrusted with any of the data mentioned in
par. B, or code book or signal book.
e. By permitting, through gross negligence, to be
removed from its proper place or custody or
delivered to anyone in violation of his trust, or to be
lost, stolen, abstracted or destroyed any of the data
mentioned in par B, code book or signal book, the
offender being entrusted with or having lawful
possession or control of the same.
2. Unlawfully disclosing information affecting national
defense.
Ways of violating Sec. 2:
a. By communicating, delivering or transmitting or
attempting or aiding or inducing another to do it, to
any foreign government or any faction or party or
military or naval force within a foreign country,
whether recognized or unrecognized by the
Philippines, or to any representative, officer,
employee, subject or citizen thereof, any of the data
mentioned in par. B of Sec. 1 hereof, code book or
signal book.
b. In time of war, by collecting, recording, publishing or
85
communicating or attempting to elicit any information
with respect to the movement, number, description,
condition, or disposition of any of the armed forces,
ships, aircraft, or war materials of the Philippines, or
with respect to the plans or conduct of any military,
naval or air operations or with respect to any works
or measures undertaken for the fortification or
defense of any place, or any other information
relating to the public defense, which might be useful
to the enemy.
3. Disloyal acts or words in time of peace.
Ways of violating Sec. 3:
a. By advising, counseling, urging or in any other
manner by causing insubordination, disloyalty,
mutiny or refusal of duty of any member of the
military, naval or air forces of the Philippines.
b. By distributing any written or printed matter which
advises, counsels, or urges such insubordination,
disloyalty, mutiny, or refusal of duty.
4. Disloyal acts or words in time of war.
Ways of violating Sec. 4:
a. By willfully making or conveying false reports or
false statements with intent to interfere with the
operations or success of the Armed Forces of the
Philippines.
b. To promote the success of its enemies, by willfully
causing or attempting to cause insubordination,
disloyalty, mutiny or refusal of duty in the Armed
Forces of the Philippines.
c. By willfully obstructing the recruiting or enlistment
service.
5. Conspiracy to commit the preceding acts.
Requisites:
a. Two or more persons conspire to violate the
provisions of Sec. 1, 2, 3 or 4 of this Act; and
b. One or more of such persons do any act to effect
the object of the conspiracy.
6. Harboring or concealing violators of the Act.
Requisites:
a. The offender knows that a person has committed or
is about to commit an offense under this Act; and
b. The offender harbors or conceals such person.
7. Making any photograph, sketch, picture, drawing, map
or graphical representation of vital military, naval and
air installations or equipment as defined by the
Philippine President as requiring protection against the
general dissemination of information relative thereto
UNLESS he obtains the permission of the
commanding officer (or higher authority).of post, camp
or station concerned and promptly submits the product
 obtained to the same commanding officer (or higher
authority) (Sec. 8).
8. Using or permitting or procuring the use of an aircraft
for the same purpose of violating #7 (Sec. 9).
9. Reproducing, publishing, selling, or giving away of
uncensored copies of those mentioned under #7
without the permission of the commanding officer (or
higher authority (Sec. 10).
10. Destroying or injuring or attempting to injure or
destroy war material (when the country is at war) or
national defense material, premises or utilities (even if
the country is not at war) (Secs. 11 & 13).
11. Making or causing to be made in a defective manner,
or attempting to make or cause to be made in a
defective manner, war material (when the country is
at war) or national defense material (even if the
country is not at war) (Secs. 12 & 14).
Espionage Treason
Both are crimes not conditioned by the citizenship of
the offender.
May be committed both Is committed only in time
in time of peace and in of war.
time of war.
May be committed in Is limited to two ways of
many ways. committing the crime:
levying war, and
adhering to the enemy
giving them aid or
comfort.
SECTION TWO: PROVOKING WAR AND DISLOYALTY
IN CASE OF WAR
ARTICLE 118
INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
Elements:
1. That the offender performs unlawful or unauthorized
acts; and
2. That such acts:
a. Provoke or give occasion for a war involving or liable
to involve the Philippines, or
b. Expose Filipino citizens to reprisals on their persons
and property.
Note: Intention of the accused is immaterial.
This is committed in time of peace.
Penalty is higher when the offender is a public
officer or employee.
Reprisal
It is an act of self-help on the part of the injured state,
responding after an unsatisfied demand to an act
contrary to international law on the part of the offending
state. (Naulilaa Incident Arbitration, Portuguese-German
Arbitral Tribunal, 1928)
ARTICLE 119
VIOLATION OF NEUTRALITY
Elements:
1. That there is a war in which the Philippines is not
involved;
2. That there is a regulation issued by a competent
authority for the purpose of enforcing neutrality; and
3. That the offender violates such regulation.
Neutrality
The condition of a nation that in time of war, it takes no
part in the dispute but continues peaceful dealings with
the belligerents.
There must be a regulation issued by competent
authority (President or the Chief of Staff of the AFP) for
the enforcement of neutrality.
ARTICLE 120
CORRESPONDENCE WITH
HOSTILE COUNTRY
Elements:
1. That it is made in time of war in which the Philippines
is involved;
2. That the offender makes correspondence with the:
a. Enemy country or
b. Territory occupied by the enemy troops;
3. That the correspondence is either:
a. Prohibited by the Government; or
b. Carried on in ciphers or conventional signs; or
c. Contains notice or information which might be useful
to the enemy
Correspondence
Communication by means of letters; or it may refer to the
letters which pass between those who have friendly or
business relations.
Even if the correspondence contains innocent matters, if
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the correspondence has been prohibited by the
government, it is punishable because of the possibility
that some information useful to the enemy might be
revealed unwittingly.
Prohibition by the Government is NOT essential when
the correspondence is carried on in ciphers or useful to
the enemy.
If the offender intended to aid the enemy by giving such
notice or information, the crime amounts to treason;
hence the penalty is the same as that for treason.
(Reyes, The Revised Penal Code Book II, 17th ed., 2008
p. 31).
Circumstances qualifying the offense
The following must concur:
1. That the notice or information might be useful to the
enemy;
2. That the offender intended to aid the enemy.
ARTICLE 121
FLIGHT TO ENEMY’S COUNTRY
Elements:
1. That there is a war in which the Philippines is involved;
2. That the offender owes allegiance to the Government;
3. That the offender attempts to flee or go to the enemy
country; and
4. That going to the enemy country is prohibited by the
competent authority.
An alien resident may be guilty of flight to enemy country,
because an alien owes allegiance to the Philippine
government albeit temporary.
Mere attempt to flee or go to enemy country
consummates the crime.
Article 121 must be implemented by the Government. If
fleeing or going to an enemy country is not prohibited by
competent authority, the crime defined in Article 121
cannot be committed.
SECTION THREE: PIRACY AND MUTINY ON THE
HIGH SEAS
ARTICLE 122
PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS OR IN PHILIPPINE WATERS
Piracy
87
It is robbery or forcible depredation on the high seas,
without lawful authority and done with animo furandi
(intention to steal) and in the spirit and intention of
universal hostility (People vs. Lol-lo, G.R. No. 17958
February 27, 1922).
Two ways or modes of committing piracy:
1. By attacking or seizing a vessel on the high seas or in
Philippine waters;
2. By seizing in the vessel while on the high seas or in
Philippine waters the whole or part of its cargo, its
equipment or personal belongings of its complement or
passengers.
Elements of piracy:
1. That a vessel is on the high seas or in Philippine
waters;
2. That the offenders are NOT members of its
complement or passengers of the vessel; and
3. That the offenders:
a. Attack or seize the vessel; or
b. Seize the whole or part of the cargo of said vessel,
its equipment or personal belongings of its
complement or passengers.
High seas
Waters which are beyond the boundaries of the low-
water mark, although such waters may be in the
jurisdictional limits of a foreign government; parts of the
sea that are not included in the exclusive economic zone,
in the territorial seas, or in the internal waters of a state,
or in the archipelagic waters of an archipelagic state
(United Nations Convention on the Law of the Sea).
Philippine waters
Shall refer to all bodies of water, such as but not limited
to seas, gulfs, bays around, between and connecting
each of the islands of the Philippine Archipelago,
irrespective of its depth, breadth, length or dimension,
and all other waters belonging to the Philippines by
historic or legal title, including territorial sea, the sea-bed,
the insular shelves, and other submarine areas over
which the Philippines has sovereignty or jurisdiction (Sec.
2, P.D. 532).
Piracy is a crime not against any particular state but
against all mankind. It may be punished in the competent
tribunal of any country where the offender may be found
or into which he may be carried.
Mutiny
The unlawful resistance to a superior, or the raising of
commotions and disturbances on board a ship against
the authority of its commander
 Piracy under RPC Mutiny 2. Whenever the pirates have abandoned their victims
without means of saving themselves; or
Place of commission: Either in Philippine waters or 3. Whenever the crime is accompanied by murder,
on the high seas homicide, physical injuries, or rape.
The persons who attack Mutiny is committed by
a vessel or seize its members of the crew or The “crimes” mentioned in the article which are qualified
cargo are strangers to passengers. are piracy and mutiny on the high seas.
the vessels.
Qualified piracy is a SPECIAL COMPLEX CRIME
Intent to gain is The offenders may only punishable by reclusion perpetua to death, regardless of
essential. intend to ignore the the number of victims.
ship’s officers or they
may be prompted by a Offenders are not liable for the separate crimes of
desire to commit murder, homicide, physical injuries, or rape.
plunder.
Qualified Mutiny
PRESIDENTIAL DECREE NO. 532 When the second or the third circumstance accompanies
Anti-Piracy and Anti-Highway the crime of mutiny mentioned under Art. 122, mutiny is
Robbery Law of 1974 then qualified. First circumstance may not qualify the
crime of mutiny, because in mutiny, the offenders are
Vessel “insiders” of the vessel (Boado, Notes and Cases on the
Any vessel or watercraft used for (a) transport of Revised Penal Code, 2008 p. 376).
passengers and cargo or (b) for fishing.
REPUBLIC ACT NO. 6235
ANTI-HIJACKING LAW
Piracy under
Piracy under RPC
PD 532
“Aircraft is in flight” from the moment all exterior doors
Punishes piracy Punishes piracy are closed following embarkation until the same doors
committed either in committed in Philippine are again opened for disembarkation.
Philippine waters or on waters only.
the high seas. Acts Punished:
1. Usurping or seizing control of an aircraft of Philippine
Offenders: Non- Offenders: Any person
registry while it is in flight; or compelling the pilots
passengers or non- (may be a passenger,
thereof to change its course or destination;
members of the crew, in crew or a stranger).
Note: When the aircraft is not in flight, the usurpation
short, strangers to the
or seizure of the aircraft may amount to coercion or
vessel.
threat. When death results, the crime is homicide or
murder, as the case may be.
Aiding or Abetting of Piracy
Any person who shall knowingly aid or abet piracy will be 2. Usurping or seizing control of an aircraft of foreign
considered as an accomplice in the commission of piracy registry, while within Philippine territory, or compelling
and punished according to the rules under the RPC. the pilots thereof to land in any part of Philippine
territory;
Requisites:
1. Knowingly aids or protects pirates; Under this Act, it is not required that the aircraft be a
2. Acquires or receives property taken by such pirates, or public utility. (Boado,2008, p. 379).
in any manner derives any benefit therefrom; and
3. Directly or indirectly abets the commission of piracy. Aggravating circumstances to acts punished under 1
and 2:
ARTICLE 123 a. When the offender has fired upon the pilot, member of
QUALIFIED PIRACY the crew, or passenger of the aircraft;
b. When the offender has exploded or attempted to
Qualifying Circumstances: explode any bomb or explosive to destroy the aircraft;
1. Whenever the offenders have seized the vessel by c. Whenever the crime is accompanied by murder,
boarding or firing upon the same; homicide, serious physical injuries or rape. (Thus, such

88 | C r i m i n a l L a w
 common crimes are considered aggravating
circumstances only; they are not separated from or
complexed with the crime of hijacking).
3. Carrying or loading on board an aircraft operating as a
public utility passenger aircraft in the Philippines
flammable, corrosive, explosive or poisonous
substances;
Under this act, mere carrying or loading of explosive,
corrosive, etc. brings about criminal liability (Boado,
p.379).
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.
Note: There is no attempted hijacking since it is
punishable under a special law and attempted stage is
not punishable under the said law.
TITLE TWO:
CRIMES AGAINST THE FUNDAMENTAL
LAW OF THE STATE
All offenses in this Title are required to be committed by
public officers except offending the religious feelings.
CHAPTER ONE: ARBITRARY
DETENTION OR EXPULSION,
VIOLATION OF DWELLING,
PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL
MEETINGS AND CRIMES AGAINST
RELIGIOUS WORSHIP (ARTS. 124-133)
SECTION ONE: ARBITRARY DETENTION AND
EXPULSION
ARTICLE 124
ARBITRARY DETENTION
Elements:
1. That the offender is a public officer or employee;
2. That he detains a person; and
3. That the detention is without legal grounds.
Detention
The actual confinement of a person in an enclosure, or in
any manner detaining and depriving him of his liberty
(People v. Gungon, G.R, No. 119574, March 19, 1998,
citing People v. Domasian, G.R. No. 95322, March 1,
1993).
Detention need not involve any physical restraint.
89
Psychological restraint is sufficient. If the acts and
actuations of the accused can produce such fear in the
mind of the victim sufficient to paralyze the latter, to the
extent that the victim is compelled to limit his own actions
and movements in accordance with the wishes of the
accused, then the victim is, for all intents and purposes,
detained against his will (Astorga vs. People, G. R. No.
154130 Oct. 1, 2003).
Legal grounds for the detention of persons:
1. The commission of a crime.
2. Violent insanity or other ailment requiring compulsory
confinement of the patient in a hospital.
Note: This list is not exclusive so long as the ground is
considered legal (e.g. in contempt of court, under
quarantine, or a foreigner to be deported).
The public officer liable for arbitrary detention must be
vested with authority to detain or order the detention of
persons accused of a crime, but when they detain a
person they have no legal grounds therefor.
If the detention is perpetrated by other public officers
NOT vested with authority or any private individual, the
crime committed is illegal detention (Art. 267 or 268).
The penalty for Arbitrary Detention depends upon the
period of detention involved. A greater penalty is
imposed if the period is longer.
Arrest without a warrant is the usual cause of arbitrary
detention. The crime of unlawful arrest is, however,
absorbed in the crime of arbitrary detention.
Arrest without warrant – when LAWFUL:
1. When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense;
“In his presence”
When the officer sees the offense being committed,
although at a distance, or hears the disturbance
created thereby and proceeds at once to the scene
thereof, or when the offense is continuing or has not
been consummated at the time the arrest is made, the
offense is said to be committed in his presence. (U.S.
vs. Samonte, G.R. No. 5649, September 6, 1910).
2. When an offense has in fact just been committed, and
he has probable cause to believe based on personal
knowledge of facts and circumstances that the person
to be arrested has committed it;
‘Personal Knowledge of facts’ in arrests without
warrant must be based upon probable cause, which
 means an actual belief or reasonable grounds of
suspicion (U.S. vs. Santos, G.R. No. 12779,
September 10, 1917).
3. When the person to be arrested is a prisoner who has
escaped from a penal establishment, or place where
he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being
transferred from one confinement to another. (Sec. 5,
Rule 113, Revised Rules of Criminal Procedure)
Periods of detention penalized
a. If the detention has not exceeded 3 days.
b. If the detention has continued more than 3
days but not more than 15 days.
c. If the detention has continued more than 15
days but not more than 6 months.
d. If the detention has exceeded 6 months.
Arbitrary Detention Unlawful Arrest
Committed by a public Committed by either
officer authorized to private individual or
arrest and detain a public officer who
person but he does so feigned to arrest a
without lawful cause. person without any legal
cause, for the purpose of
delivering him to the
proper authorities.
ARTICLE 125
DELAY IN THE DELIVERY OF DETAINED PERSONS
TO THE PROPER
JUDICIAL AUTHORITIES
Elements:
1. That the offender is a public officer or employee;
2. That he has detained a person for some legal ground
(Sec. 5, Rule 113, Rules of Court); and
3. That he fails to deliver such person to the proper
judicial authorities within:
a. 12 hrs for offenses punishable by light penalties or
their equivalent.
b. 18 hrs for offenses punishable by correctional
penalties or their equivalent.
c. 36 hrs for offenses punishable by afflictive penalties
or their equivalent.
Circumstances considered in determining liability of
officer detaining a person beyond legal period:
1. The means of communication;
2. The hour of arrest; and
3. Other circumstances such as the time of surrender and
the material possibility for the fiscal to make the
investigation and file in time the necessary information.
“Delivery to proper authorities”
It means filing of an Information against the person
arrested with the corresponding court or judge. It does
not mean “physical delivery.”
“Proper judicial authorities”
It refers to the courts of justice or judges of said courts
vested with judicial power to order the temporary
detention or confinement of a person charged with
having committed a public offense.
Reason for Article 125
It is intended to prevent any abuse resulting from
confining a person without informing him of his offense
and without permitting him to go on bail.
A private individual who makes a lawful arrest must also
comply with requirements under Art. 125. If he fails to
comply, he is liable for the crime of ILLEGAL
DETENTION under Art. 267 or 268.
The illegality of the detention is not cured by the filing of
information in court.
Art. 125 applies only when the arrest is made without a
warrant of arrest but lawful. It does NOT apply when the
arrest is by virtue of a warrant of arrest, in which case he
can be detained indefinitely. He must, however, be
delivered without unnecessary delay to the nearest police
station or jail.
The reason for this is that there is already a complaint or
information filed against him with the court which issued
the order or warrant of arrest and it is not necessary to
deliver the person thus arrested to that court.
Where a judge is not available, the arresting officer is
duty-bound to release a detained, if the maximum hours
for detention provided under Article 125 of the Revised
Penal Code has already expired. Failure to cause the
release may result in an offense under Article 125.
(Albior vs. Auguis, A.M. P-01-1472, June 26, 2003).
Person arrested may request for a preliminary
investigation but must sign a waiver of Art. 125.
“Delivery to proper authorities”
It means filing of an Information against the person
arrested with the corresponding court or judge. It does
not mean “physical delivery.”
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 Delay in the Delivery of 3. That the offender is not authorized to do so by law.
Arbitrary Detention Detained Persons to
the Proper Judicial Exception: There is no expulsion in cases of ejectment,
Author expropriation or when the penalty of destierro is imposed.

The detention is illegal The detention is legal in
from the beginning. the beginning but the
illegality of the detention
starts from the expiration
of any of the periods of
time specified in Art.
125, without the person
detained having been
delivered to the proper
judicial authority
Only the President of the Philippines is authorized to
deport aliens under the Revised Administrative Code.
Only the court by a final judgment can order a person to
change residence.
SECTION TWO: VIOLATION OF DOMICILE
ARTICLE 128
VIOLATION OF DOMICILE

ARTICLE 126 Acts Punished

DELAYING RELEASE
Three acts punished:
1. By delaying the performance of a judicial or executive
order for the release of a prisoner;
2. By unduly delaying the service of the notice of such
order to said prisoner;
3. By unduly delaying the proceedings upon any petition
for the liberation of such person.
Elements:
1. That the offender is a public officer or employee;
2. That there is a judicial or executive order for the
release of a prisoner or detention prisoner, or that
there is a proceeding upon a petition for the liberation
of such person; and
3. That the offender without good reason delays either:
a. The service of the notice of such order to the
prisoner;
b. The performance of such judicial or executive order
for the release of the prisoner; or
c. The proceedings upon a petition for the release of
such person.
Note: Most likely to be violated by wardens or jailers.
1. By entering any dwelling against the will of the owner
thereof;
2. By searching papers or other effects found therein
without the previous consent of such owner;
3. By refusing to leave the premises, after having
surreptitiously entered said dwelling and after having
been required to leave the same.
Common elements:
1. That the offender is a public officer or employee; and
2. That he is not authorized by judicial order to enter the
dwelling and/or to make a search for papers or other
effects.
Qualifying circumstances:
1. If committed at nighttime;
2. If any papers or effects, not constituting evidence of a
crime are not returned immediately after a search is
made by the offender.
The offender must be a public officer or employee. If he
is a private individual, or if the public officer is one whose
function does not include the duty to effect search and
seizure (Boado, 2008, p. 395), the crime committed is
TRESPASS TO DWELLING.

In the first mode, lack of consent would not suffice as the

ARTICLE 127 law requires that the offender’s entry must be over the
EXPULSION owner’s objection.

Two acts punished:
1. By expelling a person from the Philippines;
2. By compelling a person to change his residence.
Elements:
1. That the offender is a public officer or employee;
2. That he expels any person from the Philippines, or
compels a person to change his residence; and
In the second mode, mere lack of consent is sufficient.
Silence of the owner of the dwelling before and during
the search, without search warrant, by a public officer,
may show implied waiver.
In the third mode, what is punished is the refusal to
leave, the entry having been made surreptitiously.

91

It is believed, however, that if the surreptitious entry had
been made through an opening not intended for that
purpose, the offender would be liable under the first
mode since it is entry over the implied objection of the
inhabitant.
Although the Code speaks of the owner of the premises,
it would be sufficient if the inhabitant is the lawful
occupant using the premises as his dwelling, although he
is not the owner thereof.
The papers or other effects in the second mode must be
found in the dwelling (Reyes, 2008, p. 67).
“Not being authorized by judicial order”
A public officer or employee is authorized by judicial
order when he is armed with a search warrant duly
issued by the court. Hence, he is not authorized by
judicial order when the public officer has no search
warrant. (Reyes, p. 66)
“Against the will of owner”
It presupposes opposition or prohibition by the owner,
WHETHER EXPRESS OR IMPLIED, and not merely the
absence of consent. (Reyes, 2008, p. 66)
ARTICLE 129
SEARCH WARRANTS MALICIOUSLY OBTAINED
AND ABUSE IN THE SERVICE OF THOSE
LEGALLY OBTAINED
Acts Punished:
1. Procuring a search warrant without just cause.
Elements:
a. That the offender is a public officer or employee;
b. That he procures a search warrant; and
c. That there is no just cause.
2. Exceeding his authority or by using unnecessary
severity in executing a search warrant legally procured.
Elements:
a. That the offender is a public officer or employee;
b. That he has legally procured a search warrant; and
c. That he exceeds his authority or uses unnecessary
severity in executing the same.
Note: If in searching a house, the public officer
destroys furniture therein without any justification
at all, he is guilty under Article 129, as having
used unnecessary severity in executing the
search warrant.
Search warrant
It is an order in writing issued in the name of the People
of the Philippines, signed by the judge and directed to a
peace officer, commanding him to search for personal
property described therein and bring it before the court.
(Sec. 1, Rule 126, Revised Rules of Criminal Procedure)
Requisites for the issuance of search warrant:
A search warrant shall not issue except upon probable
cause in connection with one specific offense to be
determined personally by the judge after examination
under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing
the place to be searched and the things to be seized
which may be anywhere in the Philippines (Sec. 4, Rule
126, Revised Rules of Criminal Procedure).
Test of lack of just cause
Whether the affidavit filed in support of the application for
search warrant has been drawn in such a manner that
perjury could be charged thereon and affiant can be held
liable for damages caused.
If the search warrant is secured through a false affidavit,
the crime punished by this article
CANNOT be complexed but will be a separate crime
from perjury since the penalty herein provided shall be IN
ADDITION TO the penalty of perjury.
A search warrant shall be valid for ten (10) days from its
date.
When papers or effects are obtained during
unreasonable searches and seizures, or under a search
warrant issued without probable cause and not in
accordance with the procedure prescribed, or in violation
of the privacy of communication and correspondence, the
papers of effects thus obtained are not admissible if
presented as evidence.
Instances when a warrantless search and seizure is
valid:
1. Consented searches;
2. As an incident to a lawful arrest;
3. Searches of vessels and aircraft for violation of
immigration, customs, and drug laws;
4. Searches of moving vehicles;
5. Searches of automobiles at borders or constructive
borders;
6. Where the prohibited articles are in "plain view";
7. Searches of buildings and premises to enforce fire,
sanitary, and building regulations; and
8. "stop and frisk" operations (People v. Lopez, GR No.
181747, September 29, 2008).
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Note: The officer, if refused admittance to the place of
directed search after giving notice of his purpose and
authority, may break open any outer or inner door or
window of a house or any part of a house or anything
therein to execute the warrant or liberate himself or any
person lawfully aiding him when unlawfully detained
therein (Sec. 7, Rule 126, Revised Rules of Criminal
Procedure).
ARTICLE 130
SEARCHING DOMICILE WITHOUT WITNESSES
Elements:
1. That the offender is a public officer or employee;
2. That he is armed with a search warrant legally
procured;
3. That he searches the domicile, papers or other
belongings of any person; and
4. That the owner, or any member of his family or two
witnesses residing in the same locality are not
present.
ARTICLE 131
PROHIBITION, INTERRUPTION, & DISSOLUTION OF
PEACEFUL MEETINGS
Acts Punished:
1. Prohibiting, interrupting or dissolving without legal
ground the holding of a peaceful meeting;
To commit the crime under the first act:
a. The meeting must be peaceful; and
b. There is no legal ground for prohibiting, or
interrupting or dissolving that meeting (Reyes, p.77).
2. Hindering any person from joining any lawful
association or from attending any of its meetings;
3. Prohibiting or hindering any person from addressing,
either alone or together with others, any petition to the
authorities for the correction of abuses or redress of
grievances.
Common elements:
1. That the offender is a public officer or employee;
2. That he performs any of the acts mentioned above.

The papers or other belongings must be in the dwelling
of their owner at the time the search is made. It does not
apply to searches of vehicles or other means of
transportation because the searches are not made in
dwelling (Reyes, The Revised Penal Code Book II, 17th
ed., 2008 p. 73).
Art. 130 does NOT apply to searches of vehicles or other
means of transportation.
Search without warrant under the Tariff and Customs
Code does not include a dwelling house.
The right to freedom of speech and to peacefully
assemble, though guaranteed by our Constitution, is not
absolute, for it may be regulated in order that it may not
be “injurious to the right of the community or society,”
and this power may be exercised under the “police
power” of the state, which is the power to prescribe
regulations to promote the good order or safety and
general welfare of the people.
The offender must be a stranger, and not a participant. If
the offender is a participant, the crime committed is
unjust vexation.

Interrupting and dissolving the meeting of municipal

council by a public officer is a crime against a legislative
Search Warrants body, not punished under Art. 131 but under Arts. 143
Maliciously Searching and 144 of the RPC.
Violation of
Obtained and Domicile Without
Domicile If the offender is a private individual, the crime is
Abuse in the Witnesses
Service of those disturbance of public order under Art. 153.
Legally Obtained
There is no The public officer There was abuse SECTION FOUR: CRIMES AGAINST RELIGIOUS
warrant. is armed with a in the WORSHIP
warrant but such implementation of
was maliciously a valid warrant. ARTICLE 132
obtained. INTERRUPTION OF RELIGIOUS WORSHIP

SECTION THREE: PROHIBITION, INTERRUPTION, Elements:

AND DISSOLUTION OF PEACEFUL MEETINGS 1. That the offender is a public officer or employee;
2. That religious ceremonies or manifestations of any
religion are about to take place or are going on; and

93
3. That the offender prevents or disturbs the same.
Note: Qualified by violence or threats.
If the prohibition or disturbance is committed only in a
meeting or rally of a sect, it would be punishable under
Art.131.
ARTICLE 133
OFFENDING THE RELIGIOUS FEELINGS
Elements:
1. That the acts complained of were performed:
a. In a place devoted to religious worship (not
necessary that there is a religious ceremony going
on); or
b. During the celebration of any religious ceremony;
2. That the acts must be notoriously offensive to the
feelings of the faithful.
Religious ceremonies
Religious acts performed outside of a church, such as
processions and special prayers for burying dead
persons.
“Acts notoriously offensive to the feelings of the
faithful”
The acts must be directed against religious practice or
dogma or ritual for the purpose of ridicule, as mocking or
scoffing at or attempting to damage an object of religious
veneration.
May be committed by a public officer or a private
individual. This is the only crime in Title Two which does
NOT require that the offender be a public officer.
Offense to feelings is judged from complainant’s point of
view.
There must be deliberate intent to hurt the feelings of the
faithful.
If the act is directed to the religious belief itself and the
act is notoriously offensive, the crime is offending the
religious feelings. Otherwise, it is only unjust vexation.
(Boado, pp. 398-399)
TITLE THREE: CRIMES AGAINST
PUBLIC ORDER
ARTICLE 134
REBELLION/ INSURRECTION
Elements:
1. That there be:
a. Public uprising; and
b. Taking up of arms against the government.
2. For the purpose of either:
a. Removing from the allegiance to said Government
or its laws:
i. The territory of the Philippines, or any part
thereof; or
ii. Any body of land, naval or other armed forces;
or
b. Depriving the Chief Executive or Congress, wholly
or partially, of any of their powers or prerogatives.
If the act is to deprive the Judiciary of its powers or
prerogatives, the crime committed is sedition.
Rebellion
More frequently used where the object of the movement
is to completely overthrow and supersede the existing
government. It is a crime of the masses, of the multitude.
It is a vast movement of men and a complex network of
intrigues and plots. The purpose of the uprising must be
shown. Without evidence to indicate the motive or
purpose of the accused, the crime does not constitute
rebellion. It may constitute other crimes like sedition or
kidnapping.
Insurrection
More commonly employed in reference to a movement
which seeks merely to effect some change of minor
importance, or to prevent the exercise of governmental
authority with respect to particular matters or subjects.
Note: ACTUAL CLASH with the armed forces of the
Government is NOT necessary to convict the accused
who is in conspiracy with others actually taking arms
against the Government.
Rebellion Treason
As to purpose
1. To remove from the Violation by a subject of
allegiance to said his allegiance to his
Gov't or the laws the sovereign or to the
territory of the Phils. supreme authority of the
or any body of land, State.
naval or other
armed forces;
2. To deprive the Chief
Executive or
Congress of any of
their powers.
Manner of commission
1. Public uprising; and 1. By levying war
2. By taking arms against the Gov't;
against the Gov't. 2. By adhering to the
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 enemies of the 4. That the purpose of the attack is to seize or diminish
Phils., giving them state power.
aid or comfort
Time of commission The crime of coup d’etat may be committed with or
May be committed both Committed during time without civilian participation.
during times of peace of war.
and war. State Power includes power of the President, Legislative
and Judicial Power, including police power.
Proof needed for conviction
Proved by showing the 1. Testimony of 2 Under Section 3 of the Human Security Act of 2007, a
purpose of the uprising; witnesses, at least person who commits an act punishable as coup d’etat
there must be proof to the same overt including acts committed by private persons, thereby
beyond reasonable act; or sowing and creating a condition of widespread and
doubt. 2. Confession of extraordinary fear and panic among the populace, in
accused in open order to coerce the government to give in to an unlawful
court. demand, shall be guilty of Terrorism.

Giving aid and comfort is not criminal in rebellion. Rebellion Coup d’etat
Persons acting as couriers or spies for rebels are guilty Number of Offenders
of rebellion. There must be a public May be committed by
Mere silence regarding the presence of rebels despite uprising. It must involve one person or a
knowledge of a rebellion is not punishable. a multitude of people. multitude.
Offenders
Rebellion cannot be complexed with, but absorbs other No qualifications Principal offender/s
crimes committed in furtherance of rebellious movement. must belong to the
There is no complex crime of rebellion with murder and military or police, or hold
other common crimes, whether such crimes are any public office or
punishable under a special law or general law (RPC) employment, with or
provided that such crimes are committed in furtherance without civilian support.
or in pursuance of the movement to overthrow the
Purpose
government (Ponce Enrile v. Amin, G. R. No. 93335,
Purpose: To overthrow Purpose: To destabilize
September 13, 1990).
the government. the government or
diminish state power.
Under Section 3 of the Human Security Act of 2007, a
Means of commission
person who commits an act punishable as rebellion or
insurrection, thereby sowing and creating a condition of Public uprising and Swift attack
widespread and extraordinary fear and panic among the taking up of arms accompanied by
populace, in order to coerce the government to give in to against the government. violence, intimidation,
an unlawful demand shall be guilty of Terrorism. threat, strategy or
stealth directed against
ARTICLE 134-A the government or any
COUP D’ETAT military camp or
installation or
Elements: communication
1. That the offender is a person or persons belonging to networks, public utilities
the military or police or holding any public office or or other facilities needed
employment; for the exercise and
2. That it is committed by means of a swift attack, continued possession of
accompanied by violence, intimidation, threat, strategy, power.
or stealth;
3. That the attack is directed against duly constituted
authorities of the Republic of the Philippines, or any
military camp or installation, or communication
networks, public utilities or other facilities needed for
the exercise and continued possession of power; and

95
 Political Crimes
In contrast to common crimes, are those directly aimed
against the political order, as well as such common
ARTICLE 135 crimes as may be committed to achieve a political
PENALTY FOR REBELLION OR INSURRECTION OR purpose. The decisive factor is the intent or motive.
COUP D’ETAT
Killing, robbing, etc., for private purposes or profit,
Persons liable for rebellion, insurrection and/or coup without any political motivation, would be separately
d’etat: punished and would not be absorbed in the rebellion
A. The leaders – (People vs. Geronimo, et al., 100 Phil 90 [1956]).
1. Any person who
a. Promotes; ARTICLE 136
b. Maintains; orlkjhgfx CONSPIRACY & PROPOSAL TO COMMIT
c. Heads a rebellion or insurrection; or REBELLION, INSURRECTION
2. Any person who OR COUP D’ ETAT
a. Leads;
b. Directs; or Two Crimes penalized under this article:
c. Commands others to undertake a coup d’etat; 1. Conspiracy to commit rebellion; and
B. The participants – 2. Proposal to commit rebellion.
1. Any person who
a. Participates; or Conspiracy to commit rebellion
b. Executes the commands of others in rebellion, or When two or more persons come to an agreement to rise
insurrection; publicly and take arms against the Government for any of
2. Any person in the government service who the purposes of rebellion and decide to commit it.
a. Participates; or
b. Executes directions or commands of others in Proposal to commit rebellion
undertaking a coup d’etat; When the person who has decided to rise publicly and
3. Any person not in the government service who take arms against the Government for any of the
a. Participates; purposes of rebellion proposes its execution to some
b. Supports; other person or persons.
c. Finances; This is an instance where the law punishes preparatory
d. Abets; or acts.
e. Aids in undertaking a coup d’etat.
ARTICLE 137
Who shall be deemed the leader of the rebellion, DISLOYALTY OF PUBLIC
insurrection or coup d’etat in case he is unknown? OFFICERS/EMPLOYEES
Any person who in fact:
1. Directed the others, Acts Punished:
2. Spoke for them, 1. Failing to resist a rebellion by all means in their power;
3. Signed receipts and other documents issued in their 2. Continuing to discharge the duties of their office under
name, or the control of the rebels;
4. Performed similar acts, on behalf of the rebels. 3. Accepting appointment to office under the rebels.

Being a mere assistant to a principal, guilty of rebellion,
the accused is guilty only as a participant in the
commission of Rebellion under par. 2 of Art. 135 (People
v. Lava, G.R. No. L-4974 to 78, May 16, 1969).
Membership in a rebel organization does not
automatically qualify criminal acts as absorbed in
rebellion. It must be conclusively demonstrated that the
criminal acts were committed in furtherance of rebellion
(People v. Lovedioro, G.R. No. 112235, G.R. No.
112235).
The offender must be a public officer or employee.
The crime presupposes the existence of rebellion by
other persons; the offender must not be in conspiracy
with the rebels; otherwise, he himself will also be guilty of
rebellion.
ARTICLE 138
INCITING TO REBELLION/ INSURRECTION
Elements:
1. That the offender does not take up arms or is not in
open hostility against the Government;

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2. That he incites others to the execution of any of the that “the disturbance … shall be deemed to be
acts of rebellion; and tumultuous if caused by more than three persons who
3. That the inciting is done by means of speeches, are armed or provided with the means of violence.
proclamations, writings, emblems, banners or other
representations tending to the same end. Sedition Treason
In its more general In its more general
Proposal to Commit
Inciting to Rebellion sense, it is the raising of sense, it is the violation
Rebellion
commotions or by a subject of his
In both crimes, the offender induces another to disturbances in the allegiance to his
commit rebellion. State. sovereign.
The person who It is not required that the
proposes has decided to offender has decided to Sedition Rebellion
commit rebellion. commit rebellion.
In both, there must be public uprising.
The person who The act of inciting is
It is sufficient that the There must be taking up
proposes the execution done publicly.
of the crime uses secret public uprising is of arms against the
tumultuous. Government.
means.
The purpose of the The purpose is always
In both, the crime of rebellion should not be actually
offenders may be political.
committed by the persons to whom it is proposed or
political or social.
who are incited. If they commit rebellion because of
the proposal or inciting, the proponent or the one Not necessarily against Always against the
inciting may become a principal by inducement in the government. government.
the crime of rebellion.

ARTICLE 139 Public uprising and an object of sedition must concur.

SEDITION In sedition, it is immaterial if the objective be completely
Elements: attained.
1. That the offenders rise: Mere public uprising for any of the objectives mentioned
a. Publicly; and in Art. 139 is punishable.
b. Tumultuously;
2. That they employ force, intimidation, or other means General Rule: Common Crimes are NOT absorbed in
outside of legal methods; sedition.
3. That the offenders employ any of those means to Exception: Sedition absorbs the use of unlicensed
attain any of the following objects: firearms as an element thereof, pursuant to RA 8294.
a. To prevent the promulgation or execution of any law
or the holding of any popular election; ARTICLE 140
b. To prevent the government or any public officer from PENALTY FOR SEDITION
freely exercising its or his functions, or prevent the
execution of any Administrative Order; Persons liable:
c. To inflict any act of hate or revenge upon the person 1. The leader of the sedition; and
or property of any public officer or employee; 2. Other persons participating in the sedition.
d. To commit, for any political or social end, any act of
hate or revenge against private persons or any ARTICLE 141
social class; CONSPIRACY TO COMMIT SEDITION
e. To despoil, for any political or social end, any person
or the government of all its property or any part Only conspiracy to commit sedition is punishable and not
thereof. Proposal to commit sedition.

Sedition cannot be committed by one person. Article 189 There must be an agreement both to attain an object of
states “The crime of sedition is committed by persons sedition and to rise publicly and tumultuously.
who rise publicly and tumultuously.” In Article 163, the
word “tumultuous” is given a definite meaning. It says

97

ARTICLE 142
INCITING TO SEDITION
Acts Punished:
1. Inciting others to commit sedition by means of
speeches, proclamations, writings, emblems, cartoons,
banners, or other representations tending to the same
end;
2. Uttering seditious words or speeches which tend to
disturb the public peace;
3. Writing, publishing, or circulating scurrilous libels
against the Government or any of its duly constituted
authorities;
4. Knowingly concealing such evil practices.
“Knowingly concealing such evil practices” is ordinarily
an act of the accessory after the fact, but under this
provision, the act is treated and punished as that of the
principal.
Scurrilous
Means low, vulgar, mean, or foul.
Elements of Act no. 1:
1. That the offender does not take direct part in the crime
of sedition;
2. That he incites others to the accomplishment of any of
the acts which constitute sedition; and
3. That the inciting is done by means of speeches,
proclamations, writings, emblems, cartoons, banners,
or other representations tending to the same end.
Acts nos. 2 & 3 punishable when:
1. They tend to disturb or obstruct any lawful officer in
executing the functions of his office;
2. They tend to instigate others to cabal and meet
together for unlawful purposes;
3. They suggest or incite rebellious conspiracies or riots;
or
4. They lead or tend to stir up the people against the
lawful authorities or disturb the peace of the
community, and the safety and order of the
Government.
Rules relative to seditious words:
Clear and present danger rule
It is required that there must be reasonable ground to
believe that the danger apprehended is imminent and
that the evil to be prevented is a serious one. There must
be the probability of serious injury to the State.
Present refers to the time element. It used to be identified
with imminent and immediate danger. The danger must
not only be probable but very likely inevitable.
Dangerous tendency rule
There is inciting to sedition when the words uttered or
published could easily produce disaffection among the
people and a state of feeling in them incompatible with a
disposition to remain loyal to the Government and
obedient to the laws. The dangerous tendency rule is
generally adopted in the Philippines.
Reason why seditious utterances are prohibited:
If the State were compelled to wait until the apprehended
danger became certain, then its right to protect itself
would come into being simultaneously with the overthrow
of the Government, when there would be neither
prosecuting officers nor courts for the enforcement of the
law.
CHAPTER TWO: CRIMES AGAINST
POPULAR REPRESENTATION
(ARTS. 143-145)
SECTION ONE: CRIMES AGAINST LEGISLATIVE
BODIES AND SIMILAR BODIES
ARTICLE 143
ACTS TENDING TO PREVENT THE MEETING OF THE
ASSEMBLY AND SIMILAR BODIES
Elements:
1. That there be a projected or actual meeting of the
Congress or any of its committees or subcommittees,
constitutional commissions or committees or divisions
thereof, or of any provincial board or city or municipal
council or board;
2. That the offender, who may be any person, prevents
such meeting by force or fraud.
Force referred to here is one that produces an injury on
the person of another, and fraud involves falsification.
Thus, physical injuries and falsification will be complexed
as a necessary means to commit this crime.
ARTICLE 144
DISTURBANCE OF PROCEEDINGS
Elements:
1. That there be a meeting of Congress or any of its
committees or subcommittees, constitutional
commissions or committees or divisions thereof, or any
provincial board or city or municipal council or board;
and
2. That the offender does any of the following acts:
98 | C r i m i n a l L a w
 a. He disturbs any of such meetings; or
b. He behaves while in the presence of any such
bodies in such a manner as to interrupt its
proceedings or to impair the respect due it.
Complaint for disturbance of proceedings must be filed
by a member of the legislative body.
Disturbance created by a participant in the meeting is not
covered by Art. 144.
The same act may be made the basis for contempt since
it is coercive in nature while the crime under this Article is
punitive.
SECTION TWO: VIOLATION OF PARLIAMENTARY
IMMUNITY
ARTICLE 145
VIOLATION OF PARLIAMENTARY IMMUNITY
Acts Punished:
1. Using force, intimidation, threats, or frauds to prevent
any member from:
a. Attending the meetings of Congress or any of its
committees or subcommittees, constitutional
commissions or committees or divisions thereof, or
from
b. Expressing his opinions or
c. Casting his vote.
Elements:
a. That the offender uses force, intimidation, threats or
fraud; and
b. That the purpose of the offender is to prevent any
member of Congress from
i. Attending the meetings of the Congress or any of
its committees or constitutional commissions,
etc.; or
ii. Expressing his opinions; or
iii. Casting his vote.
Note: The offender in Par. 1 may be any person.
2. Arresting or searching any member while Congress is
in session, except in cases where such member has
committed a crime punishable under the Code by a
penalty higher than prision mayor.
Elements:
a. That the offender is a public officer or employee;
b. That he arrests or searches any member of
Congress;
c. That the Congress, at the time of arrest or search,
is in regular or special session; and
Session
99
Refers to the entire period from its initial
convening until its final adjournment.
d. That the member arrested or searched has not
committed a crime punishable under the Code by a
penalty higher than prision mayor.
Parliamentary immunity does not protect members of
Congress from responsibility before the legislative body
itself.
The 1987 Constitution exempts members of Congress
from arrest, while the Congress is in session, for all
offenses punishable by a penalty less than prision mayor.
It is not necessary that the member is actually prevented
from exercising any of his functions. It is sufficient that
Congress is in session and the offender, in using force,
intimidation, threats, or frauds, has the purpose to
prevent a member of the National Assembly from
exercising any of his such prerogatives.
Note: Sec. 11, Art. VI of the 1987 Constitution states
that, “A Senator or Member of the House of
Representatives shall in all offenses punishable by not
more than six years imprisonment, be privileged from
arrest while Congress is in session” while Art 145 of the
RPC states penalty higher than prison mayor. To be
consistent with the Constitution, the Constitution should
prevail over Art. 145, and the Constitution says “6 years”,
not prision mayor.
CHAPTER THREE: ILLEGAL
ASSEMBLIES AND ASSOCIATIONS
(ARTS. 146-147)
ARTICLE 146
ILLEGAL ASSEMBLIES
Forms of Illegal Assemblies:
1. Any meeting attended by armed persons for the
purpose of committing any of the crimes punishable
under the RPC.
Requisites:
a. That there is a meeting, gathering or group of
persons, whether in a fixed place or moving;
b. That the meeting is attended by armed persons; and
c. That the purpose of the meeting is to commit any of
the crimes punishable under the RPC.
Not all the persons present at the meeting of the first
form of illegal assembly must be armed. It is sufficient
 that at least 2 persons are armed. Public morals – refer to matters which affect the interest
of society and public convenience and is not limited to
If none of the persons present in the meeting are good customs.
armed, there is no crime of Illegal Assembly.
Persons liable:
2. Any meeting in which the audience, whether armed or 1. Founders, directors, and president of the association.
not, is incited to the commission of the crime of 2. Members of the association.
treason, rebellion or insurrection, sedition, or assault
upon a person in authority or his agent. Illegal Assembly Illegal Association
Requisites: It is necessary that there It is not necessary that
a. That there is a meeting, a gathering or group of is an actual meeting or there is an actual
persons, whether in a fixed place or moving; and assembly of armed meeting.
b. That the audience, whether armed or not, is incited persons for the purpose
to the commission of the crime of treason, rebellion specified in Art. 146.
or insurrection, sedition or direct assault.
It is the meeting and It is the act of forming or
attendance at such organizing and
It is necessary that the audience is actually incited. If in
meeting that are membership in the
the meeting the audience is incited to the commission of
punished. association that are
rebellion or sedition, the crimes committed are ILLEGAL
punished.
ASSEMBLY as regards the organizers or leaders or
persons merely present and INCITING TO REBELLION The persons liable are: The persons liable are:
OR SEDITION insofar as the one inciting them is 1. The organizers or 1. The founders,
concerned. leaders of the directors and
meetings; and president; and
Persons liable in illegal assemblies: 2. The persons present 2. The members.
1. The organizers or leaders of the meeting; at the meeting.
2. Persons merely present at the meeting.
Organized for temporary More or less of some
Presumptions: purposes. duration and existence.
If any person carries an unlicensed firearm, it is Held in connection with Even acts contrary to
presumed that: crimes punishable under public morals are
1. The purpose of the meeting insofar as he is concerned the RPC. included, thus may
is to commit acts punishable under the RPC; and include crimes
2. He is considered a leader or organizer of the meeting. punishable by special
The law does NOT distinguish whether or not the laws.
firearms are licensed or unlicensed. It only gives a
presumption if the firearm used is unlicensed.

A person invited to give a speech in an illegal assembly

or meeting and incites the members of such assembly is
guilty of inciting to sedition only and not punishable under
illegal assembly.

ARTICLE 147 CHAPTER FOUR: ASSAULT UPON, AND

ILLEGAL ASSOCIATIONS RESISTANCE & DISOBEDIENCE TO,
PERSONS IN AUTHORITY AND THEIR
AGENTS (ARTS. 148-152)
Prohibited associations:
Associations totally or partially organized for:
1. The purpose of committing any of the crimes ARTICLE 152
punishable under the RPC, or PERSONS IN AUTHORITY & AGENTS OF PERSONS
2. Some purpose contrary to public morals. IN AUTHORITY

100 | C r i m i n a l L a w
 Agent of a to attain an object of sedition.
Public Officer Person in
Person in
(PO) Authority (PA) 2. Without public uprising, by attacking, by employing
Authority (APA)
force or seriously intimidating or by seriously resisting
Any person Any person Any person who, any person in authority (PA) or any of his agents
who takes part directly vested by direct (APA), while engaged in the performance of official
in the with jurisdiction, provision of law duties, or on the occasion of such performance.
performance whether as an or by election or
of public individual or as a by appointment Elements:
functions in member of some by competent a. That the offender:
the court or authority, is i. Makes an attack – includes any offensive or
government. governmental charged with the antagonistic movement or action of any kind
corporation, maintenance of (equivalent to aggression),
board or public order and ii.Employs force:
commission. the protection If the offended part is only an agent of a person in
and security of authority, the force employed must be of serious
life and property. as to indicate determination to defy the law and its
representative at all hazards.
Any person who comes to the aid of a person in authority
may be considered as an agent of a person in authority. However, it is important to determine whether the
victim is a PA or APA.
A barangay chairman shall be deemed a PA. Where the force employed on the agent of a
person in authority is of a serious character,
A barrio councilman, barrio policeman and barangay including determination to defy the law and its
leader shall be deemed an APA. representative, the crime committed is direct
assault.
Teachers, professors, and persons in charge with the
supervision of public or duly recognized private schools, If the victim is a PA, the degree of force employed
colleges and universities, and lawyers in the actual against him is immaterial as the mere laying of
performance of their professional duties or on the hands on him is sufficient (U.S. vs Gumban, G.R.
occasion of such performance shall be deemed persons No. L-13658, November 9, 1918).
in authority, in applying Arts. 148 and 151.
If the victim is an APA, the violence, intimidation,
“Directly vested with jurisdiction” or resistance employed by the offender must be
Means the power or authority to govern and execute the serious (U.S. vs Tabiana, G.R. No. L-11847
laws. (Reyes 2008., p. 137) February 1, 1918).

ARTICLE 148 iii. Makes a serious intimidation (unlawful coercion,

DIRECT 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.
Elements:
a) That the offender employs force or intimidation;
b) That the aim of the offender is to attain any of the
purposes of the crime of rebellion or any of the
objects of the crime of sedition; and
c. That there is no public uprising.
Offended party need NOT BE a person in authority or
his agent, he may be a private individual if the object is
duress, putting someone in fear, exertion of an
influence in the mind which must be both
immediate and serious); or
The resistance must be active, not passive
(Reyes, p. 135). .
iv. Makes a serious resistance (if not serious, crime
committed may be that under Article 151 or
resistance and disobedience);
b. That the person assaulted is a person in authority or
his agent;
c. That at the time of the assault the person in authority
or his agent:
i. Is engaged in the actual performance of official
duties, or

101
 ii. That he is assaulted by reason of the past
performance of his official duties;
d. That the offender knows that the one he is assaulting
is a person in authority or his agent in the exercise of
his duties; and
e. That there is no public uprising.
Considered NOT in the actual performance of official
duties:
1. When the PA or APA exceeds his powers or acts
without authority;
2. Unnecessary use of force or violence;
3. Descended to matters which are private in nature.
Two kinds of direct assault of the second form:
1. Simple assault
2. Qualified assault
Direct assault is qualified when:
1. Committed with a weapon; or
2. Offender is a public officer or employee; or
3. Offender lays hands upon a person in authority.
Knowledge of the accused that the victim is a PA or
APA is essential.
Evidence of motive of the offender is important when
the person in authority or his agent who is attacked or
seriously intimidated is not in the actual performance of
his official duty.
Even when PA or APA agrees to fight, an attack made
by accused constitutes Direct Assault, except when the
attack is made in lawful defense; the character of a
person in authority or his agent is not laid off at will but
attaches to him until he ceases to be in office.
If Direct Assault is committed and as a result the PA or
APA is killed, the crime shall be the complex crime of
Direct Assault with Homicide or Murder, as the case
may be.
If Direct Assault is committed and the PA or APA
suffers Serious or Less Serious Physical Injuries, the
crime shall be a complex crime or Direct Assault with
Serious or Less Serious Physical Injuries.
The crime of slight physical injuries is absorbed in
direct assault if committed against an APA. If
committed against a PA, it will be considered as a
separate offense.
The crime of direct assault is not committed when the
PA or APA is suspended or under suspension when he
is attacked.
If the accused was also acting in the performance of
his official duties, crime committed may be coercion or
physical injuries.
Direct Assault cannot be committed in times of
rebellion or sedition because Art. 148 requires that the
assault be “without a public uprising” (People v.
Abalos, G.R. No. 88189, July 9, 1996).
ARTICLE 149
INDIRECT ASSAULT
Elements:
1. That an APA is the victim of any of the forms of direct
assault defined in Art. 148;
2. That a person comes to the aid of the APA;
3. That the offender makes use of force or intimidation
upon such person coming to the aid of the APA.
Indirect assault can be committed only when a direct
assault is also committed.
The offended party in indirect assault may be a private
person.
Under Art. 149, it was formerly required that (a) direct
assault is being committed against a PA or an APA; and
(b) a third party comes to the aid of the victim by virtue of
the latter’s order or request (U.S. v. Fortaleza, 12 Phil.
472). However, because of the amendment of Art. 152 by
R.A. 1978, a private individual coming to the aid of a PA
is himself deemed an APA. Thus, the rules should be:
a. If the victim is a PA who is the subject of a Direct
Assault, and the 3rd person coming to his aid (who
then becomes an APA) is likewise attacked, the crime
committed against the 3rd person will be Direct
Assault, resistance or disobedience depending on the
degree of force or violence used by the offender.
b. If the victim is an APA, it depends: if Direct Assault is
being committed against the APA, the attack against
the 3rd person will constitute Indirect Assault; if only
resistance or disobedience is being committed
against the agent, the attack against the 3rd person is
either physical injuries or coercion as the case may
be (Regalado p. 416-417).
ARTICLE 150
DISOBEDIENCE TO SUMMONS ISSUED BY THE
NATIONAL ASSEMBLY, ITS COMMITTEES OR
SUBCOMMITTEES, BY THE CONSTITUTIONAL
COMMISSION, ITS COMMITTEES, SUBCOMMITTEE
OR DIVISIONS
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Acts punished: Committed in any of the Committed by resisting
1. Refusing, without legal excuse, to obey summons of following ways: or seriously disobeying a
Congress, or any commission or committee chairman 1. By attacking; PA or APA.
or member authorized to summon witnesses; 2. By employing force;
2. Refusing to be sworn or placed under affirmation while 3. By seriously
before such legislative or constitutional body or official; intimidating;
3. Refusing to answer any legal inquiry or to produce any 4. By seriously resisting
books, papers, documents, or records in his a person in authority
possession, when required by them to do so in the or his agent
exercise of their functions;
4. Restraining another from attending as a witness in
The disobedience contemplated consists in the failure or
such legislative or constitutional body;
refusal to obey a direct order from the PA or APA.
5. Inducing disobedience to summons or refusal to be
sworn by any such body or official.
In the crime of resistance and disobedience the offender
must have knowledge that the person arresting is a PA or
The testimony of a person summoned must be upon
APA.
matters into which the legislature has jurisdiction to
inquire.

Any of the acts punished herein may also constitute “Shall resist or seriously disobey”
The word “seriously” is not used to describe resistance,
contempt.
because if the offender seriously resisted a person in
authority or his agent, the crime is Direct Assault.
ARTICLE 151
RESISTANCE & DISOBEDIENCE TO A PERSON IN
AUTHORITY OR THE AGENTS OF SUCH PERSON CHAPTER FIVE: PUBLIC DISORDERS
(ARTS. 153-156)
Elements of resistance & serious disobedience:
1. That a PA or his APA is engaged in the performance of
ARTICLE 153
official duty or gives a lawful order to the offender;
TUMULTS & OTHER DISTURBANCES
2. That the offender resists or seriously disobeys such
OF PUBLIC ORDER
person in authority or his agent; and
3. That the act of the offender is not included in the
Acts punished:
provisions of Arts. 148-150.
1. Causing any serious disturbance in a public place,
office or establishment;
Elements of simple disobedience:
1. That an APA is engaged in the performance of official Note: If disturbance is not serious in nature, alarms
and scandals under Art. 155 is committed.
duty or gives a lawful order to the offender;
2. Interrupting or disturbing public performances,
2. That the offender disobeys such APA; and
functions or gatherings, or peaceful meetings, if the act
3. That such disobedience is not of a serious nature.
is not included in Arts. 131-132;
The accused must have knowledge that the person
giving the order is a peace officer. 3. Making an outcry tending to incite rebellion or sedition
in any meeting, association or public place;
Note: If outcry was premeditated to incite, the
Direct Assault Resistance crime committed is inciting to rebellion or
The PA or APA must be Only in actual sedition.
engaged in the performance of duties. 4. Displaying placards or emblems which provoke a
performance of official disturbance of public order in such place;
duties or that he is 5. Burying with pomp the body of a person who has
assaulted by reason been legally executed.
thereof.
Serious disturbance must be planned or intended.
Force employed is Use of force is not so
serious. serious. Outcry
Attack or Employment of Attack or Employment of To shout spontaneously subversive or provocative words
Force is deliberate Force is not deliberate. tending to stir up the people so as to obtain by means of

103
force or violence any of the objects of rebellion or printing, lithography or any other means of publication,
sedition. The outcry must be spontaneous, otherwise it as news any false news which may endanger the
would be the same as inciting to rebellion or sedition. public order, or cause damage to the interest or credit
of the State;
Burying with pomp the body of a person Ostentatious
display of a burial. The offender must know that the news is false, to be
liable.
Inciting to Sedition or Public Disorder
Rebellion 2. Encouraging disobedience to the law or to the
constituted authorities or by praising, justifying or
The outcry or displaying of The outcry is more or less extolling any act punished by law, by the same means
emblems or placards unconscious outburst or by words, utterances or speeches;
should have been done which, although rebellious
with the idea aforethought or seditious in nature, is The act of the offender of encouraging disobedience to
of inducing his hearers or not intentionally calculated the law or the authorities punishable under this
readers to commit the to induce others to commit paragraph is different from inciting to sedition which
crime of rebellion or rebellion or sedition. requires that the people rise publicly.
sedition.
At the outset, the meeting At the outset, the meeting 3. Maliciously publishing or causing to be published any
is unlawful. is lawful but becomes official resolution or document without authority, or
unlawful after the outburst before they have been published officially;
described above.
4. Printing, publishing or distributing (or causing the
same) books, pamphlets, periodicals, or leaflets which
The penalty next higher in degree shall be imposed upon do not bear the real printer’s name, or which are
persons causing any disturbance or interruption of a classified as anonymous.
tumultuous character.
Note: Actual public disorder or actual damage to the
It is tumultuous if caused by more than three persons credit of the State is not necessary. The mere
who are armed or provided with the means of violence. possibility of causing such damage is sufficient.
However, this is only a presumption juris tantum, hence if
the disturbance is in fact tumultuous it is immaterial that R.A. No. 248 prohibits the reprinting, reproduction or
there are no such armed persons. Conversely if the republication of government publications and official
gathering is not in fact tumultuous, it does not matter if documents without previous authority.
there are such armed persons present on that occasion.
If the printer/owner of the printing establishment took
If the act of disturbing or interrupting a meeting or part in the preparation and publication of the libelous
religious ceremony is not committed by public officers, or writings he shall be liable under Art. 360.
if committed by public officers they are participants
therein, Article 153 should be applied. If the publication is both obscene and anonymous, the
offenses cannot be complexed as they involve different
If the person who disturbs or interrupts the meeting or acts separately punished under this Article and Art.
religious worship is a public officer, he shall be liable 201 on obscene publications.
under Art. 131 or 132.
ARTICLE 155
Tumults and other disturbances can be complexed with ALARMS & SCANDALS
direct assault if the tumults and disturbances of public
order are directed against a PA or APA. Acts punished:
1. Discharging any firearm, rocket, firecracker, or other
ARTICLE 154 explosive within any town or public place, which
UNLAWFUL USE OF MEANS OF PUBLICATION AND produces alarm or danger.
UNLAWFUL UTTERANCES
Note: The discharge of the firearm should not be
Acts punished: directed at a person. Otherwise, the offense committed
1. Publishing or causing to be published, by means of would be Discharge of Firearms under Art. 254.

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It is the result, not the intent that counts. The act must
produce alarm or danger as a consequence.
The discharge may take place within one’s own home
since the law does not distinguish as to where in town.
According to Viada, the discharge of firecrackers and
rockets during fiestas and festivals are not covered by
the law.
2. Instigating or taking an active part in any charivari or
other disorderly meeting offensive to another or
prejudicial to public tranquility.
This article applies even if the prisoner is in the
hospital or asylum when he is removed or when the
offender helps his escape, because it is considered as
an extension of the penal institution.
If the offender is a public officer who is actually and
presently in custody or charge of the prisoner, (e.g. a
guard on duty) he is liable for infidelity in the custody of
a prisoner under Art. 223.
But if the crime committed by the prisoner for which he
is confined or serving sentence is treason, murder, or
parricide, the act of taking the place of the prisoner in
prison is that of an accessory under Art. 19, par. 3.

Charivari Liability of the prisoner who escapes:

Includes a medley of discordant voices, a mock
serenade of discordant noises made on kettles, tins,
horns, etc. designed to annoy or insult.
The reason for punishing instigating or taking active
part in charivari and other disorderly meeting is to
prevent more serious disorders.
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.
a. If a DETENTION PRISONER, he is NOT criminally
liable.
b. If a CONVICT by FINAL JUDGMENT, he is liable for
evasion of service of his sentence (Art. 157).
If the delivery of the prisoner was committed through
bribery:
a. The BRIBER commits corruption of a public officer
(Art. 212) and delivering prisoners from jail.
b. The JAILER, if a public officer, commits infidelity in
the custody of prisoners (Art. 223) and bribery (Art.
210).
c. The PRISONER commits evasion of service of
sentence (Art. 157) if he is already convicted by final
judgment.

If the disturbance is of a serious nature, the case will

fall under Art. 153. Delivering Prisoners Infidelity in the
from Jail Custody of Prisoners
ARTICLE 156
DELIVERING PRISONERS FROM JAIL Offender: usually Offender: public officer
committed by an who had the prisoner in
Elements: outsider. It may also his custody or charge
1. That there is a person confined in a jail or penal apply to an employee of who was in connivance
establishment; the penal establishment, with the prisoner in the
2. That the offender removes therefrom such person, or provided he does not latter’s escape
helps the escape of such person. have custody or charge
of such person.
Committed in two ways: Prisoner: May be a convict or a detainee
1. By removing a prisoner confined in jail or penal
institution – to take away a person from confinement
with or without the active participation of the person CHAPTER SIX: EVASION OF SERVICE
released. OF SENTENCE
2. By helping said person to escape – furnish material (ARTS. 157-159)
means to facilitate escape.

The prisoner may be a detention prisoner or one ARTICLE 157

sentenced by virtue of a final judgment. EVASION OF SERVICE OF SENTENCE

105
Elements:
1. That the offender is a convict by final judgment;
2. That he is serving his sentence, which consists in
deprivation of liberty;
3. That he evades the service of his sentence by
escaping during the term of his sentence.
Circumstances qualifying the offense:
If such evasion or escape takes place:
1. By means of unlawful entry (this should be “by
scaling”);
2. By breaking doors, windows, gates, walls, roofs or
floors;
3. By using picklocks, false keys, disguise, deceit,
violence, or intimidation;
4. Through connivance with other convicts or employees
of the penal institution.
The following cannot commit evasion of service of
sentence:
a. Accused who escapes during appeal or a detention
prisoner
b. Minor delinquents
c. Deportees
If the accused escaped while the sentence of conviction
was under appeal, he is not liable under Article 157, the
judgment not having become final, and this is true even if
his appeal was later dismissed because he had escaped
(Curiano vs. Court of First Instance, G.R. L-8104, April
15, 1955).
Persons convicted under this Article are disqualified from
the benefits of the Indeterminate Sentence Law.
Escape
Flee from; to avoid; to get out of the way, as to flee to
avoid arrest (Black’s Law Dictionary, 4th ed., p. 640).
ARTICLE 158
EVASION OF SERVICE OF SENTENCE ON THE
OCCASION OF DISORDERS, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES
Elements:
1. That the offender is a convict by final judgment, and is
confined in a penal institution;
2. That there is disorder, resulting from:
a. Conflagration,
b. Earthquake,
c. Explosion,
d. Similar catastrophe,
e. Mutiny in which he has not participated;
3. That the offender 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.
What is punished is not the leaving of the penal
institution, but the failure of the convict to give himself up
to the authorities within 48 hours after the proclamation
announcing the passing away of the calamity.
If the offender fails to give himself up, he shall suffer an
increase of 1/5 of the time still remaining to be served
under the original sentence, which shall not exceed 6
months. If the offender gives himself up, he is entitled to
a deduction of 1/5 of his original sentence.
“Mutiny” in this article implies an organized unlawful
resistance to a superior officer; a sedition; a revolt
(People vs. Padilla, C.A., 46 O.G. 2151).
If one partakes in the mutiny, he will be liable for the
offenses which he committed during the mutiny whether
or not he returns.
ARTICLE 159
OTHER CASES OF EVASION OF SENTENCE
(CONDITIONAL PARDON)
Elements:
1. That the offender was a convict;
2. That he was granted a conditional pardon by the
Chief Executive; and
3. That he violated any of the conditions of such pardon.
Violation of conditional pardon is a distinct crime.
(This is according to Reyes);
According to Regalado, however, there are actually
two views:
a. One is expressed in People v. Jose (75 Phil. 612)
which states that it is not a distinct crime, since the
penalty is only the recommitment of the convict to
serve the portion of the sentence remitted by the
pardon; hence it is only a continuation of the
original case.
b. The other view which is the more logical one is
expressed in People v. Martin (68 Phil. 122) which
states that since the code imposes a specific
penalty of prision correccional in its minimum
period if the unserved portion is less than six years,
it is therefore a distinct crime.
A conditional pardon is a contract between the Chief
Executive who grants the pardon and the convict who
accepts it.
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Offender can be arrested and reincarcerated without
trial – in accordance with Sec. 64(I) of the Revised
Administrative Code.
The condition imposed upon the prisoner that he
should not commit another crime, extends to offenses
punishable by special laws.
Offender must be found guilty of the subsequent
offense before he can be prosecuted under Art 159.
The court cannot require the convict to serve the
unexpired portion of the original sentence if it does
not exceed six years, the remedy is left to the
President who has the authority to recommit him to
serve the unexpired portion of his original sentence.
The period when convict was at liberty is not
deducted in case he is recommitted.
Violation of Evasion of Service of
Conditional Pardon Sentence
Infringes the terms of the Defeats the purpose of
contract. the law.
Does not affect public Disturbs public order.
order.
TITLE FOUR: CRIMES AGAINST
PUBLIC INTEREST
CHAPTER SEVEN: COMMISSION OF
ANOTHER CRIME DURING SERVICE OF
PENALTY IMPOSED FOR ANOTHER
PREVIOUS OFFENSE
ARTICLE 160
COMMISSION OF ANOTHER CRIME DURING THE
SERVICE OF PENALTY IMPOSED FOR ANOTHER
PREVIOUS OFFENSE (QUASI-RECIDIVISM)
Elements:
1. That the offender was already convicted by final
judgment of one offense;
2. That he committed a new felony before beginning to
serve such sentence or while serving the same.
A quasi-recidivist can be pardoned:
1. At the age of 70, if he shall have already served out
his original sentence (and not a habitual criminal); or
2. When he shall have completed it after reaching the
107
said age, unless by reason of his conduct or other
circumstances, he shall not be worthy of such
clemency.
In reiteracion, the offender against whom it is
considered shall already have served out his
sentence for the prior offenses.
Quasi-recidivism is a SPECIAL AGGRAVATING
CIRCUMSTANCE which cannot be offset by ordinary
mitigating circumstances.
First crime for which the offender is serving sentence
need not be a felony; but the second crime must be a
felony.
The word ‘another’ in Article 160 does not mean that
the new felony which is committed by a person
already serving sentence is different from the crime
for which he is serving sentence.
Only considered as final judgment when the accused
does not appeal anymore.
Quasi-recidivism does not require that the offense for
which the convict is serving and the new felony
committed be embraced in the same title of the RPC.
While in recidivism, both the first and the second
offenses must be embraced in the same title of the
RPC.
SECTION 1: FORGING THE SEAL OF THE
GOVERNMENT OF THE PHILIPPINE ISLANDS, THE
SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE.
ARTICLE 161
COUNTERFEITING SEAL OF GOVERNMENT,
SIGNATURE AND STAMP OF PRESIDENT
Acts Punished:
1. Forging the Great Seal of the Government of the
Philippines;
2. Forging the signature of the President;
3. Forging the stamp of the President.
If the signature of the President is forged, it is not
falsification of public document, but forging the
signature of the Chief Executive.
ARTICLE 162
USE OF FORGED SIGNATURE, COUNTERFEIT
SEAL OR STAMP
Elements:
1. That the seal of the Republic was counterfeited, or the
signature or stamp of the Chief Executive was forged
by another person;
2. That the offender knew of the counterfeiting or forgery;
and
3. That he used the counterfeit seal or forged signature or
stamp.
The offender must NOT be the forger otherwise the
crime committed is forgery under Art. 161.
In using the forged signature or stamp of the President
or forged seal, the participation of the offender is in
effect that of an accessory. Although the general rule is
that he should be punished by a penalty two (2)
degrees lower, under Article 162 he is punished by a
penalty only one degree lower.
SECTION TWO:
COUNTERFEITING COINS
ARTICLE 163
MAKING AND IMPORTING AND UTTERING FALSE
COINS
Elements:
1. That there be false or counterfeited coins;
2. That the offender either made, imported or uttered
such coins; and
3. That in case of uttering such false or counterfeited
coins, he connived with the counterfeiters or
importers.
A coin is false or counterfeited, if it is forged or if it is not
authorized by the Government as legal tender,
regardless of its intrinsic value.
Counterfeiting
Means the imitation of a legal or genuine coin.
There is counterfeiting when a spurious coin is made.
There must be an imitation of the peculiar design of a
genuine coin.
Uttering
Means to pass counterfeited coins
Uttering includes delivery or the act of giving them away.
It is uttered when it is paid even though the utterer may
not obtain the gain he intended.
Kinds of coins the counterfeiting of which is
punished:
1. Silver coins of the Philippines or coin of the Central
Bank;
2. Coin of the minor coinage of the Philippines or the
Central Bank;
3. Coin of the currency of a foreign country.
Former coins withdrawn from circulation may be
counterfeited.
Pars. 1 and 2 of Art. 163 mention “coin” without any
qualifications.
As regards par. 3, the use of the word “currency” is
not correct because the Spanish text uses the word
“moneda” which embraces not only those that are
legal tender but also those out of circulation.
ARTICLE 164
MUTILATION OF COINS – IMPORTATION AND
UTTERANCE OF MUTILATED COINS
Acts punished:
1. Mutilating coins of the legal currency, with the intent
to damage or to defraud another;
2. Importing or uttering such mutilated coins, with the
further requirement that there must be connivance
with the mutilator or importer in case of uttering.
The coin must be of legal tender or current coins of the
Philippines and not of a foreign country.
Mutilation
Means to take off part of the metal either by filing it or
substituting it for another metal of inferior quality. It is to
diminish by ingenious means the metal in the coin, and
thus diminish its intrinsic value.
ARTICLE 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT
CONNIVANCE
Acts Punished:
1. Possession of coin, counterfeited or mutilated by
another with intent to utter the same knowing that it is
false or mutilated;
Elements:
a. Possession;
b. With intent to utter; and
c. Knowledge.
2. Actually uttering false or mutilated coin, knowing it to
be false or mutilated.
Elements:
a. Actually uttering; and
b. Knowledge.
It does NOT require that the false coin is legal tender.
But if the coin being uttered or possessed with intent to
utter is a mutilated coin, it must be a legal tender coin.
108 | C r i m i n a l L a w
 The possession prohibited in Art. 165 is possession in
general, that is, not only actual, physical possession
but also constructive possession or the subjection of
the thing to one’s control, otherwise offenders could
easily evade the law by the mere expedient of placing
other persons in actual, physical possession of the
thing although retaining constructive possession or
actual control thereof (People vs. Andrada, 11 C.A.
Rep. 147).
Actually uttering false or mutilated coin, knowing it to
be false or mutilated, is a crime under Art. 165, even if
the offender was not in connivance with the
counterfeiter or mutilator.
SECTION THREE: FORGING TREASURY OR BANK
NOTES, OBLIGATIONS AND SECURITIES;
IMPORTING AND UTTERING FALSE OR FORGED
NOTES, OBLIGATIONS AND SECURITIES
ARTICLE 166
FORGING TREASURY OR BANK NOTES OR OTHER
DOCUMENTS PAYABLE TO BEARER; IMPORTING
AND UTTERING THE SAME
Acts punished:
1. Forging or falsification of treasury or bank notes or
other documents payable to bearer;
Forging
Committed by giving to a treasury or bank note or any
instrument payable to bearer or to order the
appearance of a true and genuine document.
Falsification
Committed by erasing, substituting, counterfeiting, or
altering by any means, the figures, letters, words, or
signs contained therein (Art. 169).
2. Importation of the same: it means to bring them into
the Philippines, which presupposes that the obligations
or notes are forged or falsified in a foreign country.
3. Uttering the same in connivance with forgers or
importers: it means offering obligations or notes
knowing them to be false or forged, whether such offer
is accepted or not, with a representation, by words or
actions, that they are genuine and with an intent to
defraud.
What may be forged or falsified under Article 166:
1. Treasury or bank notes;
2. Certificates;
3. Other obligations and securities, payable to bearer.
109
The Code punishes forging or falsification of bank
notes and of documents of credit payable to bearer
and issued by the State more severely than
counterfeiting of coins because the first tends to bring
such documents into discredit and produces a lack of
confidence on the part of the holders of the said
documents to the prejudice of the interests of the
society and the State. Moreover, it is easier to forge or
falsify such certificates, notes, etc. and the profit
derived therefrom is greater and the incentive for its
commission is more powerful. (U.S. vs. Gardner 3 Phil
403)
The falsification of Philippine National Bank (PNB)
checks is not forgery under Art. 166 of RPC but
falsification of commercial documents under Art 172 in
connection with Art. 171 of the Code.
ARTICLE 167
COUNTERFEITING, IMPORTING AND UTTERING
INSTRUMENTS NOT
PAYABLE TO BEARER
Elements:
1. That there be an instrument payable to order or other
document of credit NOT payable to bearer;
2. That the offender either forged, imported or uttered
such instrument; and
3. That in case of uttering, he connived with the importer
or forger.
Counterfeiting under Art. 167 must involve an instrument
payable to order or other document of credit not payable
to bearer.
Forgery of currency is punished so as to maintain the
integrity of the currency and thus insure the credit
standing of the government and prevent the imposition
on the public and the government of worthless notes or
obligations (People vs. Galano, C.A.,54 O.G. 5897, as
cited in Reyes).
The utterer should not be the forger, otherwise,
connivance is obviously not required, for he can be held
liable as a forger of the instrument. (People vs. Orqueza,
14 C.A. Rep. 730, as cited in Reyes)
ARTICLE 168
ILLEGAL POSSESSION AND USE OF
FALSE TREASURY OR BANK NOTES AND OTHER
INSTRUMENTS OF CREDIT
Elements:
1. That the treasury or bank note or certificate or other
obligation and securities payable to bearer or any
 instrument payable to order or other document of credit
not payable to bearer is forged or falsified by another;
2. That the offender knows that any of these instruments
is forged or falsified;
3. That he performs any of these acts:
a. Using any of such forged or falsified instruments; or
b. Possessing with intent to use, any of the forged or
falsified documents.
Possession of false treasury or bank notes alone is not a
criminal offense. For it to constitute an offense,
possession must be with intent to use said false treasury
or bank notes (People vs. Digoro, G.R. No. L-22032,
March 4, 1966).
The accused must have knowledge of the forged
character of the note.
A person in possession of falsified document and who
makes use of the same is presumed to be the material
author of falsification.
appear to have originated from legitimate sources. It is
committed by the following:
a. Any person knowing that any monetary instrument or
property represents, involves, or relates to, the
proceeds of any unlawful activity, transacts or attempts
to transact said monetary instrument or property.
b. Any person knowing that any monetary instrument or
property involves the proceeds of any unlawful activity,
performs or fails to perform any act as a result of which
he falicitates the offense of money laundering referred
to in paragraph (a) above.
c. Any person knowing that any monetary instrument or
property is required under this Act to be disclosed and
filed with the Anti-Money Laundering Council (AMLC),
fails to do so" (Sec 4).
Covered transaction'
It is a transaction in cash or other equivalent monetary
instrument involving a total amount in excess of Five
hundred thousand pesos (PhP 500,000.00) within one (1)
banking day (Sec 1).

ARTICLE 169 Suspicious transaction

HOW FORGERY IS COMMMITTED Are transactions with covered institutions,
regardless of the amounts involved, where any of
How committed: the following circumstances exist:
1. By giving to a treasury or bank note or any instrument
payable to bearer or to order the appearance of a true
1. there is no underlying legal or trade obligation,
and genuine document; purpose or economic justification;
2. By erasing, substituting, counterfeiting, or altering by 2. the client is not properly identified;
any means the figures, letters, words or signatures 3. the amount involved is not commensurate with
contained therein. the business or financial capacity of the client;
4. taking into account all known circumstances, it
PD 247 penalizes defacement, mutilation, tearing, may be perceived that the client's transaction is
burning or destroying of Central Bank notes and coins. structured in order to avoid being the subject of
reporting requirements under the Act;
It includes falsification and counterfeiting. 5. any circumstances relating to the transaction
which is observed to deviate from the profile of
Forgery Falsification
the client and/or the client's past transactions
As used in Art. 169 refers The commission of any of
to the falsification and the eight (8) acts
with the covered institution;
counterfeiting of treasury mentioned in Art. 171 on 6. the transactions is in a way related to an unlawful
or bank notes or any legislative (only the act of activity or offense under this Act that is about to
instruments payable to the making alteration), public be, is being or has been committed; or
bearer or to order. or official, commercial, or 7. any transactions that is similar or analogous to
private documents, or any of the foregoing (Sec 2).
wireless, or telegraph
messages. Unlawful activity refers to any act or omission or
series or combination thereof involving or having
ANTI-MONEY LAUNDERING ACT direct relation to following:
R.A. No. 9194 a. Kidnapping for ransom under Article 267 of Act No.
3815, otherwise known as the Revised Penal Code,
Money laundering as amended;
Is a crime whereby the proceeds of an unlawful activity
as herein defined are transacted, thereby making them

110 | C r i m i n a l L a w
 b. Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of
Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Act of 2002;
c. Section 3 paragraphs B, C, E, G, H and I of
republic Act No. 3019, as amended, otherwise
known as the Anti-Graft and Corrupt Practices Act;
d. Plunder under Republic Act No. 7080, as
amended;
e. Robbery and extortion under Articles 294, 295,
296, 299, 300, 301 and 302 of the Revised Penal
Code, as amended;
f. Jueteng and Masiao punished as illegal gambling
under Presidential Decree No. 1602;
g. Piracy on the high seas under the Revised Penal
Code, as amended and Presidential under the
Revised Penal Code, as amended and
Presidential Decree No. 532;
h. Qualified theft under Article 310 of the Revised
Penal Code, as amended;
i. Swindling under Article 315 of the Revised
PenalCode, as amended;
j. Smuggling under Republic Act Nos. 455 and 1937;
k. Violations under Republic Act No. 8792, otherwise
known as the Electronic Commerce Act of 2000;
l. Hijacking and other violations under Republic Act
No. 6235; destructive arson and murder, as
defined under the Revised Penal Code, as
amended, including those perpetrated by terrorists
against non-combatant persons and similar
targets;
m. Fraudulent practices and other violations under
Republic Act No. 8799, otherwise known as the
Securities Regulation Code of 2000;
n. Felonies or offenses of a similar nature that are
punishable under the penal laws of other countries
(Sec 3).
SECTION FOUR: FALSIFICATION OF LEGISLATIVE,
PUBLIC, COMMERCIAL AND PRIVATE DOCUMENTS
AND WIRELESS, TELEGRAPH AND TELEPHONE
MESSAGES
ARTICLE 170
FALSIFICATION OF LEGISLATIVE DOCUMENTS
Elements:
1. That there be a bill, resolution or ordinance enacted or
approved or pending approval by either House of the
Legislature or any provincial board or municipal
council;
2. The offender alters the same;
3. That he has no proper authority therefor; and
4. That alteration changed the meaning of the document.
The bill, resolution, or ordinance must be genuine.
111
Offender may be private individual or a public officer.
The act of falsification is limited to altering that which
changes its meaning. Hence, other acts of falsification,
even in legislative documents, are punished either in
Art. 171 or under Art. 172.
R.A. 248 prohibits the reprinting, reproduction or
republication of government publications and official
documents without previous authority.
ARTICLE 171
FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE
OR NOTARY OR ECCLESIASTICAL MINISTER
Elements:
1. That the offender is a public officer, employee or
notary public or ecclesiastical minister;
The ecclesiastical minister is liable under this article if
he shall commit any of the acts of falsification with
respect to any record or document of such character
that its falsification may affect the civil status of
persons.
2. That he takes advantage of his official position when:
a. He has the duty to make or prepare or otherwise
intervene in the preparation of the document;
b. He has the official custody of the document which he
falsifies.
If he did not take advantage of his official position, he
would be guilty of falsification of public document by a
private individual under Art. 172.
3. The offender falsifies a document.
Document
It is any written statement by which a right is established
or an obligation extinguished or by which a fact may be
proven or affirmed.
The document must be complete or at least it must have
the appearance of a true and genuine document.
The document must be of apparent legal efficacy.
In the 1st, 2nd, 6th, 7th (second part) and 8th mode of
falsification, there must be a GENUINE DOCUMENT.
In the other paragraphs of Art. 171, falsification may be
committed by simulating or fabricating a document.
Different Modes of Falsifying a Document:
A. Counterfeiting or imitating (feigning) any
handwriting, signature or rubric.
Requisites:
1. That there be an intent to imitate or an attempt to
imitate; and
2.The two signatures or handwritings, the genuine and
the forged bear some resemblance to each other.
Counterfeiting
Imitating any handwriting, signature or rubric
Imitating (feigning)
Simulating a signature, handwriting, or rubric out of
one which does not in fact exist
If there is no attempt whatsoever by the accused to
imitate the signatures of the other person so that they
are entirely unlike the genuine signature, the accused
may be found guilty under the second mode of
falsifying a document.
B. Causing it to appear that persons have participated
in an act or proceeding when they did not in fact
so participate.
Requisites:
1. That the offender caused it to appear in a document
that a person or persons participated in an act or
proceeding; and
2. That such persons did not in fact so participate in the
act or proceeding.
The imitation of the signature of the offended party is
not necessary in this mode of falsification.
C.Attributing to persons who have participated in
any act or proceeding statements other than those
in fact made by them.
Requisites:
1. That a person or persons participated in an act or
proceeding;
2. That such person or persons made statements in
that act or proceeding;
3. That the offender in making a document, attributed
to such person, statements other than those in fact
made by such person or persons.
D. Making untruthful statements in a narration of
facts.
Requisites:
1. That the offender makes in a document statements
in a narration of facts;
2. That he has the legal obligation to disclose the truth
of the facts narrated by him;
3. That the facts narrated by the offender are
absolutely false; and
4. That the perversion of truth in the narration of facts
was made with the wrongful intent of injuring a third
person.
There must be narration of facts, not a conclusion of
law.
Legal obligation means that there is a law requiring the
disclosure of the facts narrated.
The facts must be absolutely false. The crime of
falsification is not violated if there is some colorable
truth in the statements of the accused.
Wrongful intent not essential when the document
falsified is public document.
If the narration of facts is contained in an affidavit or a
statement required by law to be sworn to, the crime
committed is perjury.
The person making the narration of facts must be
aware of the falsity of the facts narrated by him
(Reyes, p. 225).
E. Altering true dates.
Date must be essential.
The alteration of the date or dates in a document must
affect either the veracity of the document or the effects
thereof.
Alteration of dates in official receipts to prevent
discovery of malversation is falsification.
F. Making alteration or intercalation in a genuine
document which changes its meaning.
Requisites:
1. That there be an alteration (change) or intercalation
(insertion) on a document;
2. That it was made on a genuine document;
If the document is not genuine, the crime of estafa is
committed.
3. That the alteration or intercalation has changed the
meaning of the document;
4. That the change made the document speak
something false.
Alteration which speaks the truth is not falsification.
The idea of deception is inherent in the word alteration
— of making the instrument speak something which
the parties did not intend it to speak.
112 | C r i m i n a l L a w

G.Issuing in an authenticated form a document
purporting to be a copy of an original document
when no such original exists or including in such a
copy a statement contrary to or different from that
of the genuine original.
CANNOT be committed by a private individual or by a
notary public or public officer who DOES NOT take
advantage of his official position.
Intent to gain or prejudice is not necessary, because it
is the interest of the community which is intended to be
guaranteed by the strict faithfulness of the officials
charged with the preparation and preservation of the
acts in which they intervene.
H.Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry or official
book.
ARTICLE 172
FALSIFICATION BY PRIVATE INDIVIDUALS AND USE
OF FALSIFIED DOCUMENTS
Acts punished:
1. Falsification of public, official or commercial
document by a private individual.
Elements:
a. The offender is a private individual or a public officer
or employee who did not take advantage of his
official position; and
b. That he committed any of the acts of falsification
enumerated in Art.171 (Pars.1-6);
c. That the falsification was committed in a public or
official or commercial document.
Public document
A document created, executed or issued by a public
official in response to the exigencies of the public
service, or in the execution of which a public official
intervened; any instrument authorized by a notary
public or a competent public official, with the
solemnities required by law.
Official document
A document which is issued by a public official in the
exercise of the functions of his office.
Commercial document
Any document defined and regulated by the Code of
Commerce or any other commercial laws.
2. Falsification of private document by any person.
Elements:
113
a. That the offender committed any of the acts of
falsification, except those in par. 7, enumerated in
Art.171;
b. That the falsification was committed in a private
document;
c. That the falsification caused damage to a third party
or at least the falsification was committed with the
intent to cause such damage.
Private document
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
or agreement is proved, evidenced or set forth.
Mere falsification of private document is not enough. Two
things are required:
i. He must have falsified the same; and
ii. He must have performed an independent act which
operates to the prejudice of third persons.
Damage need not be material, damage to one’s honor is
included.
There is no crime of estafa through falsification of a
private document because the immediate effect of
falsification of private document is the same as that of
estafa.
Generally, falsification is consummated when the
genuine document is altered or the moment the false
document is executed. It is immaterial that the offender
did not achieve his objective.
3. Use of falsified documents.
Elements:
a. Introducing in a judicial proceeding
i. That the offender knew that the document was
falsified by another person;
ii. That the false document was embraced in Art. 171
or in any of subdivision No.1 or 2 of Art. 172;
iii. That he introduced said document in evidence in
any judicial proceeding.
Note: No damage is required.
b. Use in any other transaction
i. That the offender knew that the document was
falsified by another person;
ii. That the false document was embraced in Art. 171
or in any of subdivision No. 1 or 2 of Art. 172;
iii. That he used such document (not in judicial
proceeding);
iv. That the use of the false document caused
damage to another or at least it was used with
intent to cause damage.
 Note:
If a person knowingly offers in evidence a FALSE
WITNESS OR TESTIMONY, Art. 184 should apply.
If a person makes, presents or uses any record,
document, paper or object with knowledge of its falsity
and with intent to affect the course or outcome of the
investigation of, or official proceedings IN CRIMINAL
CASES, such person is liable under PD 1829.
Falsification of Falsification of
Public/Official or Private Document
Commercial Document
When committed as a Even when
necessary means to committed as a
commit estafa, complex necessary means to
crime is committed commit estafa, the
crime is either estafa
or falsification only,
because in this type
of falsification, an act
independent of
falsification is
required to show
intent to defraud
Acts punished:
1. Uttering fictitious wireless, telegraph, or telephone
messages;
2. Falsifying wireless, telegraph or telephone messages.
Elements:
a. That the offender is an officer or employee of the
Government or an officer or an employee of a
private corporation, engaged in the service of
sending or receiving wireless, cable or telephone
message; and
b. That he commits any of the above acts.
3. Using such falsified messages.
With respect to No. 3, the offender need not be
connected to the government or to such corporation.
Elements:
a. That the accused knew that the wireless, cable,
telegraph or telephone message was falsified by
any person specified in 1st paragraph of Art.173;
b. That the accused used such falsified dispatch; and
c. That the use of the falsified dispatch resulted in the
prejudice of a third party, or that the use thereof
was with the intent to cause such prejudice.
Act No. 1851, Sec. 4, punishes private individuals who
forge or alter telegram.

Falsification of
Falsification by SECTION FIVE: FALSIFICATION OF MEDICAL
Public Officer
Private Individual CERTIFICATES, CERTIFICATES OF MERIT OR
The prejudice to a third Prejudice to third person SERVICE AND THE LIKE
party is taken into is immaterial; what is
account so that if punished is the violation ARTICLE 174
damage is not apparent, of public faith and the FALSE MEDICAL CERTIFICATES, FALSE
or at least if with no perversion of truth CERTIFICATES OF MERIT OR SERVICE
intent to cause it, the
falsification is not Persons liable:
punishable 1. Physician or surgeon who, in connection with the
practice of his profession, issued a false certificate;
There is no falsification of private document through The crime is False Medical Certificate by a physician.
reckless imprudence. Public officer who issued a false certificate of merit or
service, good conduct or similar circumstances;
Falsification is consummated the moment the genuine 2. The crime is False Certificate of Merit or Service by a
document is altered or the moment the false document is public officer.
executed. It is immaterial that the offender did not 3. Private individual who falsified a certificate falling in
achieve his objective. the classes mentioned in Nos. 1 and 2.

ARTICLE 173 The crime is False Medical Certificate by a private

FALSIFICATION OF WIRELESS, CABLE, individual or False Certificate of Merit or Service by a
TELEGRAPH AND TELEPHONE MESSAGES AND private individual.
USE OF SAID FALSIFIED MESSAGES

114 | C r i m i n a l L a w
Certificate
Is any writing by which testimony is given that a fact has
or has not taken place.
The phrase “or similar circumstances” in Art. 174 does
not seem to cover property, because the circumstance
contemplated must be similar to “merit,” “service,” or
“good conduct.”
ARTICLE 175
USING FALSE CERTIFICATES
Elements:
1. That a false certificate mentioned in the preceding
article was issued;
2. That the offender knew that the certificate was false;
and
3. That he used the same.
When the false certificates in the preceding article is
used in a judicial proceeding, Art. 175 will apply. The
use of false document in judicial proceeding under Art
172 is limited to those false documents mentioned in
Arts. 171 and 172.
SECTION SIX: MANUFACTURING, IMPORTING AND
POSSESSION OF INSTRUMENTS OR IMPLEMENTS
INTENDED FOR THE COMMISSION OF
FALSIFICATION
ARTICLE 176
MANUFACTURING AND POSSESSION OF
INSTRUMENTS AND IMPLEMENTS FOR
FALSIFICATION
Acts punished:
1. Making or introducing into the Philippines any stamps,
dies, marks, or other instruments or implements for
counterfeiting or falsification;
2. Possessing with intent to use the instruments or
implements for counterfeiting or falsification made in or
introduced into the Philippines by another person.
It is not necessary that the implements confiscated form
a complete set for counterfeiting, it being enough that
they may be employed by themselves or together with
other implements to commit the crime of counterfeiting or
falsification.
115
Arts. 165 and 176 punish not only actual, physical
possession, but also constructive possession or the
subjection of the thing to one’s control.
CHAPTER TWO: OTHER FALSITIES
(ARTS. 177- 184)
SECTION ONE: USURPATION OF AUTHORITY,
RANK, TITLE AND IMPROPER USE OF NAMES,
UNIFORMS AND INSIGNIA
ARTICLE 177
USURPATION OF AUTHORITY
OR OFFICIAL FUNCTIONS
Two offenses contemplated in Art. 177:
1. Usurpation of authority
2. Usurpation of official functions
How committed:
1. By knowingly misrepresenting oneself to be an officer,
agent or representative of the Government, whether
local, national or foreign;
Note: In usurpation of authority, the mere act of
knowingly and falsely representing oneself to be an
officer, etc. is sufficient. It is not necessary that he
performs an act pertaining to a public officer.
2. By performing any act pertaining to a person in
authority or public officer of the Government under the
pretense of official position and without authority.
Note: In usurpation of official functions, it is essential
that the offender should have performed an act
pertaining to a person in authority or public officer, in
addition to other requirements.
Usurper is “one who introduces himself into an office
that is vacant, or who without color of title, ousts the
incumbent and assumes to act as an officer by
expressing some of the functions of the office” (People
vs. Buenaflor, C.A., 72 O.G. 364, as cited in Reyes).
It may be violated by a public officer.
It does not apply to an occupant under color of title.
Republic Act No. 75 provides penalty for usurping
authority of diplomatic, consular or other official of a
foreign government in addition to the penalty imposed
by the RPC.
There must be a positive, express, and explicit
representation on the part of the offender.
The acts performed must pertain to:
1. The Government
2. To any person in authority a judgment; person of a judgment
3. To any public officer or (c) to imperson- or concealing
cause ated. his true name
ARTICLE 178 damage to and other
USING FICTITIOUS NAME AND public personal
CONCEALING TRUE NAME interest. circumstances
for the same
Elements: (Using Fictitious Name) purpose or
1. That the offender uses a name other than his real purposes
name;
2. That he uses that fictitious name publicly; and The crimes under this Article may be complexed with the
3. That the purpose of the offender is — crime of delivering prisoners from jail, but may not be
a. To conceal a crime; complexed with evasion of service of sentence.
b. To evade the execution of a judgment; or
c. To cause damage to public interest. COMMONWEALTH ACT NO. 142,
as amended by REPUBLIC ACT NO. 6085
Damage must be to public interest. If damage is to An Act Regulating the Use of Aliases
private interest, the crime will be estafa under Art.
315, 2(a). General rule: No person shall use any name different
from the one with which he was registered at birth in the
Signing fictitious name in an application for passport office of the local civil registry, or with which he was
is publicly using such fictitious name (U.S. vs. To registered in the Bureau of Immigration upon entry, or
Lee Piu, G.R. No. 11522, September 26, 1916). such substitute name as may have been authorized by a
competent court.
Elements: (Concealing True Name)
1. That the offender conceals: Exception: As pseudonym solely for literary, cinema,
a. His true name, AND television, radio or other entertainment purposes and in
b. All other personal circumstances; athletic events where the use of pseudonym is a normally
2. That the purpose is only to conceal his identity. accepted practice.
Fictitious name
Any other name which a person publicly applies to Any person desiring to use an alias shall apply for
himself without authority of law. authority therefor in proceedings like those legally
provided to obtain judicial authority for a change of name.
Using Fictitious Name Concealing True Name
No person shall be allowed to secure such judicial
Element of publicity must be Element of publicity is authority for more than one alias.
present. not necessary.
The petition for an alias shall set forth:
The purpose is either to The purpose is merely to
1. The person’s baptismal and family name and the name
conceal a crime, to evade the conceal identity.
recorded in the civil registry, if different, his immigrant’s
execution of a judgment, or to
name, if an alien, and his pseudonym, if he has such
cause damage.
names other than his original or real name,
2. The reason or reasons for the use of the desired alias.
Using Usurpa- Estafa Using
Fictitious tion of (par. Fictitious The judicial authority for the use of alias, the Christian
Name (Art. Civil 2a, Art. Name Under name and the alien’s immigrant name shall be
178) Status 315) P.D. 1829 recorded in the proper local civil registry, and no
(Art. 348) person shall use any name or names other than his
Purpose of Purpose Purpose Purpose of original or real name unless the same is or are duly
the offender is to enjoy is to publicly using a recorded in the proper local civil registry.
is to (a) the rights defraud fictitious name
conceal a arising third is to conceal a No person having been baptized with a name different
crime; (b) from the persons crime, evade from that with which he was registered at birth in a
evade the civil status prosecution or local civil registry, or in case of an alien, registered in
execution of of the the execution the Bureau of Immigration upon entry, or any person

116 | C r i m i n a l L a w
 who obtained judicial authority to use an alias, or who
uses a pseudonym, shall represent himself in any
public or private transaction or shall sign or execute
any public or private document without stating or
affixing his real or original name and all names or
aliases or pseudonym he is or may have been
authorized to use.
ARTICLE 179
ILLEGAL USE OF UNIFORMS OR INSIGNIA
Elements:
1. That the offender makes use of insignia, uniform or
dress;
2. That the insignia, uniform or dress pertains to an office
not held by the offender or to a class of persons of
which he is not a member; and
3. That said insignia, uniform or dress is used publicly
and improperly.
Wearing the uniform of an imaginary office is NOT
punishable. The office must actually exist.
An EXACT IMITATION of a uniform or dress is
UNNECESSARY.
Republic Act No. 493 punishes the wearing of insignia,
badge or emblem of rank of the members of the Armed
Forces of the Philippines or Constabulary.
Republic Act No. 75 punishes the unauthorized wearing
of any naval, military, police or other official uniform,
decoration or regalia of a foreign State or one nearly
resembling the same, with intent to deceive or mislead.
Executive Order No. 297 punishes the illegal
manufacture, sale, distribution and use of PNP uniforms,
insignias and other accoutrements.
SECTION TWO: FALSE TESTIMONY
False testimony
It is committed by any person who, being under oath, and
required to testify as to the truth of a certain matter at a
hearing before a competent authority, shall deny the truth
or say something contrary to it.
Three forms of false testimony
1. False Testimony in Criminal Cases (Arts. 180-181)
2. False Testimony in Civil Cases (Art. 182)
3. False Testimony in other cases (Art. 183)
ARTICLE 180
FALSE TESTIMONY AGAINST A DEFENDANT
117
Elements:
1. That there be a criminal proceeding;
2. That the offender testifies falsely under oath against
the defendant therein;
3. That the offender who gives false testimony knows
that it is false;
Good faith is a defense
4. That the defendant against whom the false testimony
is given is either acquitted or convicted in a final
judgment.
Penalty depends upon the sentence of the defendant
against whom false testimony was given.
Defendant must be sentenced to at least a correctional
penalty or a fine, or must be acquitted.
The offender is liable even if his testimony was not
considered by court. The law intends to punish the mere
giving of false testimony.
The testimony must be complete.
Art. 180 applies to Special Penal Laws because Special
Penal Laws follow the nomenclature of the RPC.
ARTICLE 181
FALSE TESTIMONY FAVORABLE
TO THE DEFENDANT
The false testimony in favor of the defendant need not
directly influence the decision of the acquittal and it need
not benefit the defendant.
Conviction or acquittal of defendant in principal case is
not necessary.
False testimony is punished not because of the effect it
actually produces but because of its tendency to favor or
to prejudice the defendant.
A defendant who falsely testifies in his own behalf in a
criminal case can only be guilty of Art. 181 when he
voluntarily goes upon the witness stand and falsely
imputes to some other person the commission of a grave
offense. If he merely denies the commission of the crime
or his participation therein, he should not be prosecuted
for false testimony (U.S. vs. Soliman, G.R. No. L-11555,
January 6, 1917).
Testimony must be complete. Rectification made
spontaneously after realizing the mistake is not false
testimony.
ARTICLE 182
 FALSE TESTIMONY IN need not be required but that it was sufficient if it was
CIVIL CASES AUTHORIZED by law to be made.

Elements: Material matter

1. That the testimony must be given in a civil case; Is the main fact which is the subject of the inquiry or any
2. That the testimony must relate to the issues circumstance which tends to prove that fact or any fact or
presented in said case; circumstance which tends to corroborate or strengthen
3. That the testimony must be false; the testimony relative to the subject of inquiry, or which
4. That the false testimony must be given by the legitimately affects the credit of any witness who testifies.
defendant knowing it to be false; and
5. That the testimony must be malicious and given with
an intent to affect the issues presented in said case.
Material Relevant Pertinent
Art. 182 is NOT applicable when the false testimony is
given in special proceedings. When it is When it tends in When it concerns
directed to any reasonable collateral matters
Civil case prove a fact in degree to which make more
An ordinary suit in a court of justice, by which one party issue. establish the or less probable
prosecutes another for the enforcement or protection of a probability or the proposition at
right, or the prevention or redress of a wrong and that improbability of a issue.
every other remedy is a special proceeding (People vs. fact in issue.
Hernandez 67 O.G. 8330).

The criminal action for false testimony must be

suspended when there is a pending determination of the
falsity of the subject testimonies of private respondents in
the civil case (Ark Travel Express vs. Judge Abrogar;
G.R. No. 137010. August 29, 2003).
ARTICLE 183
PERJURY
Two ways of committing perjury:
1. By falsely testifying under oath;
2. By making a false affidavit.
Falsely testifying under oath must NOT be in a judicial
proceeding.
Oath
Any form of attestation by which a person signifies that
he is bound in conscience to perform an act faithfully and
truthfully.
Affidavit
A sworn statement in writing; a declaration in writing,
made upon oath before an authorized magistrate or
officer.
Art 183 governs in false testimony given in cases other
than those punished in Arts 180-182, and in actions for
perjury.

Testimony must be complete. Good faith or lack of malice is a defense in perjury.

Elements: There is no perjury if sworn statement is not material to

1. That the accused made a statement under oath or
executed an affidavit upon a material matter;
2. That the statement or affidavit was made before a
competent officer authorized to receive and administer
oath;
3. That in that statement or affidavit, the accused made a
willful and deliberate assertion of a falsehood; and
4. That the sworn statement or affidavit containing the
falsity is required by law.
Note: However, in People v. Angangco (G.R. No. L-
47693, Oct.12, 1943), the SC held that the statement
the principal matter under investigation.
There is no perjury through negligence or imprudence
since the word ‘knowingly’ under Article 183 suggests
that the assertion of falsehood must be willful and
deliberate.
Two contradictory sworn statements are not sufficient to
convict of perjury. The prosecution must prove which of
the two statements is false, and must show that
statement to be false by other evidence than the
contradictory statement.

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Competent person authorized to administer oath
A person who has a right to inquire into the questions
presented to him upon matters under his jurisdiction
Subornation of perjury
Is committed by a person who knowingly and willfully
procures another to swear falsely and the witness
suborned does testify under the circumstances rendering
him guilty of perjury.
Subornation of perjury is NOT expressly penalized in the
RPC, but the direct induction of a person by another to
commit a perjury may be punished under Art. 183 in
relation to Art. 17.
ARTICLE 184
OFFERING FALSE TESTIMONY IN EVIDENCE
Elements:
1. That the offender offered in evidence a false witness
or testimony;
2. That he knew the witness or testimony was false; and
3. That the offer was made in a judicial or official
proceeding.
Art. 184 does not apply when the offender induced a
witness to testify falsely. Art. 184 applies when the
offender knowingly presented a false witness, and the
latter testified falsely.
Testimony must be complete.
Penalty is that for false testimony if committed in a
judicial proceeding and the penalty is that for perjury if
committed in other official proceeding.
CHAPTER THREE:
FRAUDS (ARTS. 185-189)
SECTION ONE: MACHINATIONS, MONOPOLIES, AND
COMBINATIONS
ARTICLE 185
MACHINATIONS IN PUBLIC AUCTIONS
Acts punished:
1. Soliciting any gift or promise as a consideration for
refraining from taking part in any public auction.
Elements:
a. That there be a public auction;
b. That the accused solicited any gift or a promise from
any of the bidders;
c. That such gift or promise was the consideration for
119
his refraining from taking part in that public auction;
and
d. That the accused had the intent to cause the
reduction of the price of the thing auctioned.
Consummated by mere solicitation.
2. Attempting to cause bidders to stay away from an
auction by threats, gifts, promises or any other artifice.
Elements:
a. That there be a public auction;
b. That the accused attempted to cause the buyers to
stay away from that public auction;
c. That it was done by threats, gifts, promises or any
other artifice; and
d. That the accused had the intent to cause the
reduction of the price of the thing auctioned.
Consummated by mere attempt.
ARTICLE 186
MONOPOLIES AND COMBINATIONS
IN RESTRAINT OF TRADE
Acts punished:
1. Combination or conspiracy to prevent free competition
in the market.
By entering into any contract or agreement or taking
part in any conspiracy or combination in the form of a
trust or otherwise, in restraint of trade or commerce or
to prevent by artificial means free competition in the
market.
2. Monopoly to restrain free competition in the market.
By monopolizing any merchandise or object of trade or
commerce, or by combining with any other person or
persons to monopolize said merchandise or object in
order to alter the prices thereof by spreading false
rumors or making use of any other artifice to restrain
free competition in the market.
3. Making transactions prejudicial to lawful commerce or
to increase the market price of merchandise.
The person liable is the:
a. Manufacturer,
b. Producer,
c. Processor, or
d. Importer of any merchandise or object of
commerce.
 The crime is committed by (1) combining, (2)
conspiring, or (3) agreeing with any person.
The purpose is (1) to make transactions prejudicial to
lawful commerce, or (2) to increase the market price of
any merchandise or object of commerce
manufactured, produced, processed, assembled or
imported into the Philippines.
Mere conspiracy or combination is punished.
If the offense affects any food substance or other
particles of prime necessity, it is sufficient that initial
steps are taken.
When offense is committed by a corporation or
association, the president and directors or managers
are liable when they (1) knowingly permitted or (2)
failed to prevent the commission of such offenses.
SECTION TWO: FRAUDS IN COMMERCE AND
INDUSTRY
ARTICLE 187
IMPORTATION AND DISPOSITION OF FALSELY
MARKED ARTICLES OR MERCHANDISE MADE OF
GOLD, SILVER OR OTHER PRECIOUS METALS OR
THEIR ALLOYS
Articles or merchandise involved:
Those made of –
1. Gold,
2. Silver,
3. Other precious metals, or
4. Their alloys.
Elements:
1. That the offender imports, sells or disposes any of
those articles or merchandise;
2. That the stamps, brands or marks of those articles or
merchandise fail to indicate the actual fineness or
quality of said metal or alloy; and
3. That the offender knows that the stamps, brands, or
marks fail to indicate the actual fineness or quality of
said metal or alloy.
Selling the misbranded articles is NOT necessary.
Art. 187 does not apply to the manufacturer of
misbranded articles. The manufacturer is liable for Estafa
under Art. 315 subdivision 2(b) of the RPC.
Note: Arts. 188 and 189 have been REPEALED by the
Intellectual Property Code.
REPUBLIC ACT NO. 8293
Intellectual Property Code
Intellectual Property Rights consists of:
1. Copyright and Related Rights;
2. Trademarks and Service Marks;
3. Geographic Indications;
4. Industrial Designs;
5. Patents;
6. Layout-Designs (Topographies) of Integrated Circuits;
and
7. Protection of Undisclosed Information
Technology transfer arrangements
Contracts or agreements involving the transfer of
systematic knowledge for the manufacture of a product,
the application of a process, or rendering of a service
including management contracts; and the transfer,
assignment or licensing of all forms of intellectual
property rights, including licensing of computer software
except computer software developed for mass market.
Criminal action for repetition of infringement
If infringement is repeated by the infringer or by anyone
in connivance with him after finality of the judgment of the
court against the infringer, the offenders shall, without
prejudice to the institution of a civil action for damages,
be criminally liable therefor.
The making, using, offering for sale, selling, or importing
a patented product or a product obtained directly or
indirectly from a patented process, or the use of a
patented process without the authorization of the
patentee constitutes patent infringement.
Remedies for infringement
Any person infringing a right protected under this law
shall be liable:
1. To an injunction restraining such infringement. The
court may also order the defendant to desist from an
infringement, among others, to prevent the entry into
the channels of commerce of imported goods that
involve an infringement, immediately after customs
clearance of such goods.
2. Pay to the copyright proprietor or his assigns or heirs
such actual damages, including legal costs and other
expenses, as he may have incurred due to the
infringement as well as the profits the infringer may
have made due to such infringement, and in proving
profits the plaintiff shall be required to prove sales only
and the defendant shall be required to prove every
element of cost which he claims, or, in lieu of actual
damages and profits, such damages which to the court
shall appear to be just and shall not be regarded as
penalty.
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3. Deliver under oath, for impounding during the
pendency of the action, upon such terms and
conditions as the court may prescribe, sales invoices
and other documents evidencing sales, all articles and
their packaging alleged to infringe a copyright and
implements for making them.
4. Deliver under oath for destruction without any
compensation all infringing copies or devices, as well
as all plates, molds, or other means for making such
infringing copies as the court may order.
5. Such other terms and conditions, including the
payment of moral and exemplary damages, which the
court may deem proper, wise and equitable and the
destruction of infringing copies of the work even in the
event of acquittal in a criminal case.
In an infringement action, the court shall also have the
power to order the seizure and impounding of any
article which may serve as evidence in the court
proceedings (Sec. 28, P.D. No. 49a).
In determining the number of years of imprisonment and
the amount of fine, the court shall consider the value of
the infringing materials that the defendant has produced
or manufactured and the damage that the copyright
owner has suffered by reason of the infringement.
Any person who at the time when copyright subsists in a
work has in his possession an article which he knows, or
ought to know, to be an infringing copy of the work for the
purpose of:
a. Selling, letting for hire, or by way of trade offering or
exposing for sale, or hire, the article;
b. Distributing the article for purpose of trade, or for any
other purpose to an extent that will prejudice the rights
of the copyright owner in the work; or
c. Trade exhibit of the article in public, shall be guilty of
an offense and shall be liable on conviction to
imprisonment and fine as above mentioned (Sec. 29,
P.D. No. 49a).
Unfair competition:
1. Any person, who is selling his goods and gives them
the general appearance of goods of another
manufacturer or dealer, either as to the goods
themselves or in the wrapping of the packages in
which they are contained, or the devices or words
thereon, or in any other feature of their appearance,
which would be likely to influence purchasers to
believe that the goods offered are those of a
manufacturer or dealer, other than the actual
manufacturer or dealer, or who otherwise clothes the
goods with such appearance as shall deceive the
public and defraud another of his legitimate trade, or
any subsequent vendor of such goods or any agent of
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any vendor engaged in selling such goods with a like
purpose;
2. Any person who by any artifice, or device, or who
employs any other means calculated to induce the
false belief that such person is offering the services of
another who has identified such services in the mind of
the public; or
3. Any person who shall make any false statement in the
course of trade or who shall commit any other act
contrary to good faith of a nature calculated to discredit
the goods, business or services of another (Sec.
168.3, Intellectual Property Code).
False Designations of Origin; False Description or
Representation
Any person who, on or in connection with any goods or
services, or any container for goods, uses in commerce
any word, term, name, symbol, or device, or any
combination thereof, or any false designation of origin,
false or misleading description of fact, or false or
misleading representation of fact, which:
1. Is likely to cause confusion, or to cause mistake, or to
deceive as to the affiliation, connection, or association
of such person with another person, or as to the origin,
sponsorship, or approval of his or her goods, services,
or commercial activities by another person; or
2. In commercial advertising or promotion, misrepresents
the nature, characteristics, qualities, or geographic
origin of his or her or another person's goods, services,
or commercial activities (Sec. 160, Intellectual Property
Code).
Liable to a civil action for damages and injunction by any
person who believes that he or she is or is likely to be
damaged by such act.
Independent of the civil and administrative sanctions
imposed by law the offender may also be criminally
liable.
REPUBLIC ACT NO. 455
Law on Smuggling
Acts punished:
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.
3. That he must be shown to have knowledge that the
merchandise had been illegally imported.
TITLE FIVE: CRIMES RELATED TO
OPIUM AND OTHER PROHIBITED
DRUGS

REPUBLIC ACT NO. 9165
Comprehensive Dangerous Drugs Act of 2002
(Repealing RA No. 6425, otherwise known as the
Dangerous Drugs Act of 1972)
Definition of Terms (Sec. 3)
Controlled precursors and essential chemicals
(CP/EC)
Include those listed in Tables I and II of the 1988 UN
Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances.
Dangerous Drugs (DD)
Include those listed in the Schedules annexed to the
1961 Single Convention on Narcotic Drugs, as amended
by the 1972 Protocol, and in the Schedules annexed to
the 1971 Single Convention on Psychotropic
Substances.
Financier
Any person who pays for, raises or supplies money for,
or underwrites any of the illegal activities prescribed
under this Act.
Protector/Coddler
Any person who knowingly and willfully consents to the
unlawful acts provided for in this Act and uses his/her
influence, power or position in shielding, harboring,
screening or facilitating the escape of any person he/she
knows, or has reasonable grounds to believe on or
suspects, has violated the provisions of this Act in order
to prevent the arrest, prosecution and conviction of the
violator.
Pusher
Any person who sells, trades, administers, dispenses,
delivers or gives away to another, on any terms
whatsoever, or distributes, dispatches in transit or
transports dangerous drugs or who acts as a broker in
any of such transactions, in violation of this Act.
Prohibition on Plea-Bargaining (Sec. 23)
Any person charged under any provision of this Act
regardless of the imposable penalty shall NOT be
allowed to avail of the provisions of plea-bargaining.
Non-applicability of the Probation Law for Drug
Traffickers and Pushers (Sec. 24)
Any person convicted for drug trafficking or pushing
under this Act, regardless of the penalty imposed by the
Court, CANNOT avail of the privilege granted by the
Probation Law (PD No. 968, as amended).
Qualifying Aggravating Circumstances in the
Commission of a Crime by Offender under influence
of DD (Sec. 25)
Notwithstanding the provisions of the law to the contrary,
a positive finding for the use of dangerous drugs shall be
a QUALIFYING AGGRAVATING CIRCUMSTANCE in
the commission of a crime by an offender, and the
applicable penalty provided for in the RPC shall be
applicable.
Confiscation and Forfeiture of Proceeds and
Instruments (Sec. 20)
All proceeds and properties derived from the unlawful
acts under this Act shall be confiscated and forfeited in
favor of the State.
Dangerous Drugs Test and Record Requirement
(Article III)
The following shall be subjected to undergo drug testing:
a) Applicants for driver’s license.
b) Applicants for firearm’s license and for permit to carry
firearms outside of residence.
All persons who by the nature of their profession carry
firearms shall undergo drug testing.
c) Students of secondary and tertiary schools.
d) Officers and employees of public and private offices
(whether domestic or overseas).
Shall be subjected to undergo a random drug test.
Any officer or employee found positive of use of
dangerous drugs shall be dealt with administratively
which shall be a ground for suspension or termination
subject to the provisions of Art. 282 of the Labor Code
and pertinent provisions of the Civil Service Law.
e) Officers and members of the military, police and other
law enforcement agencies shall undergo an annual
mandatory drug test.
f) All candidates for public office whether appointed or
elected both in the national or local government shall
undergo a mandatory drug test.
Note: The Court has held that the testing requirement as
to national officials whose qualifications have been
expressly set in the Constitution, such as the President,
Vice President, Senators and Congressmen, is
unconstitutional. Where the Constitution has expressly
set out the qualifications, these are exclusive and may
not be broadened nor circumscribed by legislative fia.
(SJS v. DDB and PDEA, G.R. No. 157870, November 3,
2008).
The testing requirement is no longer required for those
charged before the prosecutor’s office. The Court held
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that such testing is unconstitutional as it effectively
singles out its subject and seeks to violate his rights
against self-incrimination and privacy. A person accused
of an offense does not consent to such testing and
neither does he waive his right to privacy simply by being
a person accused of a crime (SJS v. DDB and PDEA,
G.R. No. 157870, November 3, 2008).
Those found to be positive for dangerous drugs shall be
subjected to the provisions of Sec. 15 (Use of Dangerous
Drugs), which involves rehabilitation for a minimum
period of 6 months for the first offense, or imprisonment
of 6 to 12 years for the second offense.
Acts Punished:
(For table of acts punished see Annex J)
1. Importation of dangerous drugs and/or controlled
precursors and essential chemicals (Section 4).
2. Sale, trading, administration, dispensation, delivery,
distribution and transportation of dangerous drugs
and/or controlled precursors and essential chemicals
(Section 5).
In order to sustain a conviction for selling prohibited
drugs, the element of sale must be unequivocally
established. What the law proscribes is not only the
act of selling but also the act of delivering. What is
important is that the poseur-buyer received the drugs
from the accused (People v. Ponferada, G.R. No.
101004, March 17, 1993).
The following elements must concur:
a. The identity of the buyer and the seller, the object
and the consideration of the sale; and
b. The delivery of the thing sold and the payment
therefor (People v. Villahermosa, G.R. No. 186465,
June 2, 2011).
"Delivery" necessarily involves the knowledge on
the part of the one delivering that what he is
delivering is DD. If there is no evidence to show
this knowledge, accused will be acquitted (Boado,
p. 525). “Deliver” under RA 9165 is defined as
“knowingly passing a dangerous drug to another,
personally or otherwise, and by any means, with
or without consideration” (People v. Jumao-as,
G.R. No. 101334, February 14, 1994).
3. Maintenance of a den, dive or resort. (Section 6)
4. Employment in and visiting a den, dive or resort
(Section 7).
The violator must be aware of the nature of the place
as such, and in case of the visitor, he must also
knowingly visit the same.
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5. Manufacture of dangerous drugs and/or controlled
precursors and essential chemicals (Section 8).
6. Illegal chemical diversion of controlled precursors and
essential chemicals (Section 9).
7. Manufacture or delivery of equipment, instrument,
apparatus and other paraphernalia for dangerous
drugs and/or controlled precursors essential chemicals
(Sec. 10).
8. Possession of dangerous drugs (Sec. 11).
Elements
a. Unauthorized;
b. Either actual or constructive;
c. Irrespective of its quantity; and
d. With intent to possess or with full knowledge that
what was possessed was any of the prohibited
drugs.
9. Possession of equipment, instrument, apparatus and
other paraphernalia for dangerous drugs (Sec. 12).
The possession of such equipment, instrument,
apparatus and other paraphernalia fit or intended
for any of the purposes enumerated in the
preceding paragraph shall be prima
facie evidence that the possessor has smoked,
consumed, administered to himself/herself,
injected, ingested or used a dangerous drug and
shall be presumed to have violated Section 15 of
this Act (Sec. 12).
10. Possession of dangerous drugs during parties,
social gatherings or meetings or in the proximate
company of at least 2 persons (Sec. 13).
11. Possession of equipment, instrument, apparatus and
other paraphernalia for dangerous drugs during
parties, social gatherings or meetings or in the
proximate company of at least 2 persons (Sec. 14).
12. Use of dangerous drugs (Sec. 15).
This Section shall not be applicable where the
person tested is also found to have in his/her
possession such quantity of any dangerous drug
provided for under Sec. 11 of this Act, in which case
the provisions stated therein shall apply (Sec. 15).
13. Cultivation or culture of plants classified as
dangerous drugs or are sources thereof (Sec. 16).
14. Failure to maintain and keep records of transactions
on dangerous drugs and/or controlled precursors
and essential chemicals (Sec. 17).
15. Unnecessary prescription of dangerous drugs (Sec.
18).
16. Unlawful prescription of dangerous drugs (Sec. 19).
Rules on Possession, Sale and Use of Prohibited
Drugs and/or Paraphernalia
1.When the seller is apprehended, the quantity he is
possessing must be equal to that being sold by him. If
so, it will be illegal sale only, possession being
absorbed by the sale. But if the quantity possessed by
him is greater than the quantity negotiated, he is still
liable for illegal possession equal to the excess
amount.
2. Possession of instruments for administering drugs is
punished separately. But if possession of pipe is when
he is smoking the same, possession of pipe is
absorbed. If he is found possessing the pipe and
opium and he is not smoking, two crimes are
committed: illegal possession of opium and illegal
possession of opium pipe.
3. An offender who is tested positive for use and is found
to be in possession of any quantity of dangerous drugs
shall be punished for possession only (Section 115 in
relation to Section 15).
Other Acts Punished Under RA 9165
1. Misappropriation, misapplication or failure to account
seized, confiscated or surrendered DD, CP/EC and
plants which are sources of DD, instruments,
paraphernalia or lab equipment, including proceeds/
properties obtained from the unlawful act (Sec. 27).
2. Benefitting from the proceeds of trafficking of
dangerous drugs (Sec. 27).
3. Receiving financial/material contributions from
persons found guilty of trafficking dangerous drugs
(Sec. 27).
The person liable under Sec. 27 is a public officer or
employee.
4. Planting of dangerous drugs, controlled precursors or
essential chemicals as evidence (Sec. 29).
5. Consenting or knowingly tolerating any violation of RA
9165 in the case of a partner, president, director,
manager, trustee, estate administrator, or officer of a
partnership, corporation, association or any juridical
entity (Sec. 30).
6. Knowingly consenting to, tolerating, or authorizing the
use of a vehicle, vessel, aircraft, equipment or other
facility, as an instrument in the importation, sale,
trading, administration, dispensation, delivery,
distribution, transportation or manufacture of
dangerous drugs, or chemical diversion if the same
are owned by or under the control or supervision of
the officers of juridical entities (Sec. 30).
7. Violating any rule or regulation issued by the DDB
pursuant to RA 9165 (Sec. 32).
8. Issuance of a false or fraudulent dangerous drug test
result (Sec. 37).
9. Violation of the confidentiality rule on records of drug
dependents under voluntary submission (Sec. 72).
10. Failure or refusal to appear as a witness for any
violation of this act (Sec. 91).
11. Delay or bungling in the handling of the prosecution
of drug related cases (Sec. 92).
Custody and Disposition of Confiscated, Seized,
Surrendered Dangerous Drugs, Paraphernalia etc.
(Sec. 21)
The PDEA shall take charge and have custody of all DD,
CP/EC and equipment/ paraphernalia confiscated, seized
or surrendered for proper disposition.
1. Physical inventory and photograph the articles seized
in the presence of the accused, his representative or
counsel, a representative from the media and the
DOJ, and any elected public official who shall be
required to sign the copies of the inventory and be
given a copy thereof.
2. Submit the article within 24 hours to the PDEA
Forensic Laboratory for a qualitative and quantitative
examination.
3. Certification of the results of the laboratory
examination within 24 hours from the receipt of the
subject items. When the volume of the subject does
not allow the completion of the examination within 24
hours, a partial laboratory report shall be issued, with
a final certification to follow within the next 24 hours.
4. Filing of the criminal case in court.
5. Ocular inspection by the Court of the subject seized,
confiscated or surrendered.
6. Within the next 24 hours, the burning or destroying of
the items in the presence of the accused or his
counsel, representative from the media, DOJ, civil
society, and any elected public official.
7. Sworn certification of the burning or disposal is issued
by the DDB.
8. Submission of the sworn certificate of destruction or
burning to the court.
9. After promulgation of judgment by the court, the
representative sample, with leave of court, shall be
turned over to the PDEA which shall destroy the
same within 24 hours from its receipt.
10. The DDB shall be informed of the termination of the
case.
Chain of Custody
The duly recorded authorized movements and custody of
seized drugs or controlled chemicals or plant sources of
dangerous drugs or laboratory equipment of each stage,
from the time of seizure/confiscation to receipt in the
forensic laboratory to safekeeping to presentation in
court for destruction. Such record of movements and
custody of seized item shall include the identity and
signature of the person who held temporary custody of
the seized item, the date and time when such transfer of
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custody were made in the course of safekeeping and use
in court as evidence, and the final disposition (Sec. 1(b)
of the Dangerous Drugs Board Resolution No. 1, Series
of 2002, implementing RA 9165).
Note: Non-compliance with the procedure outlined in
Section 21(a), of Republic Act No. 9165, shall not render
void and invalid such seizures of and custody over said
items, for as long as the integrity and evidentiary value of
the seized items are properly preserved by the
apprehending officers (People v. Lopez, GR No. 181747,
September 29, 2008).
Attempt or Conspiracy to commit the following
unlawful acts shall be penalized by the same penalty
prescribed for the commission of the same as
provided under the Act (Sec. 26):
1. Importation of any DD and/or CP/EC;
2. Sale, trading, administration, dispensation, delivery,
distribution and transportation of any DD and/or
CP/EC;
3. Maintenance of a den, dive or resort where any DD is
used in any form;
4. Manufacture of any DD and/or CP/EC; and
5. Cultivation or culture of plants which are sources of
dangerous drugs.
Criminal Liability of Government Officials and
Employees (Sec. 28)
If the violators are government officials and employees,
maximum penalties of the unlawful act plus absolute
perpetual disqualification from any public office shall be
imposed.
Additional Penalty if Offender is an Alien (Sec. 31)
In addition to the penalties prescribed in the unlawful act
committed, any alien who violates such provisions of this
Act shall, after service of sentence, be deported
immediately without further proceedings, unless death is
the penalty.
Immunity from Prosecution and Punishment
Requisites: (Sec. 33)
1. The accused should be prosecuted for violation of
Sec. 7, 11, 12, 14, 15, and 19 of the said Act;
2. Voluntarily gives information of any of these acts: Sec.
4, 5, 6, 8, 10, 13, and 16; violation of any other
provisions of the Act if committed by a drug syndicate
including any information leading to the whereabouts,
identities, and arrests of any/ all of the syndicate
members;
Drug Syndicate
Any organized group of two (2) or more persons
forming or joining together with the intention of
125
committing any offense prescribed under this Act.
3. He willingly testifies against any of the individuals; and
4. His information and testimony has complied with the
following:
a. It is necessary for the conviction of the above
persons;
b. It is not yet in the possession of the State;
c. It can be substantially corroborated in his material
points;
d. The witness has not been convicted of a crime
involving moral turpitude except when there is no
other direct evidence available for his prosecution
other than the testimony of the witness;
e. The witness shall strictly and faithfully comply
without delay with any conditions/ undertaking
lawfully imposed by the State;
f. The witness does not appear to be the most guilty;
and
g. There is no direct evidence available for the State
except for the testimony of the witness.
Grounds for termination of immunity (Sec. 34)
1. If the testimony is false, malicious, or made only to
harass, molest or prejudice the accused.
2. Failure or refusal to testify without just cause, when
lawfully obliged to do so.
3. Violating any condition for immunity.
Effect of termination of immunity: (Sec. 34)
The immunity shall cease and the witness shall be
prosecuted or cited for contempt.
Voluntary submission of a drug dependent to
confinement, treatment and rehabilitation (Sec. 54)
The drug dependent may, by himself/herself or through
his/her parent, spouse, guardian or relative within the 4th
degree of consanguinity or affinity, apply to the Board or
its duly recognized representative, for treatment and
rehabilitation of the drug dependency.
Upon such application, the Board shall bring forth the
matter to the Court which shall order that the applicant be
examined for drug dependency.
1. If positive:
a. The court shall issue an order for rehabilitation and
treatment to a center for not less than 6 months; or
b. May be placed in the care of DOH accredited
physician if there is no near or accessible center; OR
when the drug dependent is under 18 years old, and
first time offender, and non-confinement in a center
will not pose a serious danger to his/ her family or
community.
 Confinement in a center shall not exceed 1 year,
after which time the Court, as well as the Board,
shall be apprised by the head of the treatment and
rehabilitation center of the status of said drug
dependent and determine whether further
confinement will be for the welfare of the drug
dependent and his/her family or community.
Exemption from the Criminal Liability under the
Voluntary Submission Program (Sec. 55):
Requisites:
1. He/she has complied with the rules and regulations of
the center, the applicable rules and regulations of the
Board, including the after-care and follow-up program
for at least 18 months following temporary discharge
from confinement in the Center.
2. He/she has never been charged or convicted under
this Act.
3. He/she has no record of escape from a center.
4. He/she poses no serious danger to himself/herself,
his/her family or the community by his/her exemption
from criminal liability.
Compulsory confinement of a drug dependent who
refuses to apply under the voluntary submission
program (Sec. 61):
Notwithstanding any law, rule and regulation to the
contrary, any person determined and found to be
dependent on dangerous drugs shall, upon petition by
the Board or any of its authorized representative, be
confined for treatment and rehabilitation in any Center
duly designated or accredited for the purpose.
Such petition may be filed by any person authorized by
the Board with the RTC of the province or city where
such person is found.
Prescription of the offense charged against a drug
dependent under the Compulsory Submission
Program (Sec. 63)
It will not run during the time that the drug dependent is
under confinement in a Center or otherwise under the
treatment and rehabilitation program approved by the
Board.
Suspension of Sentence of a First-Time Minor
Offender (Sec. 66)
Accused: over 15 years old at the time of violation of
Sec. 11 of this Act but not more than 18 years old at the
time when the judgment should have been promulgated
after having been found guilty of said offense.
Suspension may be given subject to the following
conditions:
1. Has not been previously convicted of violating any
provision of CDDA of 2002, DDA of 1972, RPC, or any
special penal laws;
2. Has not been previously committed to a Center or to
the care of a DOH-accredited physician; and
3. Board favorably recommends it.
However, Sec. 38 of R.A. No. 9344( Juvenile Justice and
Welfare Act) provides for the AUTOMATIC
SUSPENSION of sentence of a child in conflict with the
law, even if he/she is already 18 years of age or more at
the time he/she is found guilty of the offense charged. It
reads:
Sec. 38. Automatic Suspension of Sentence. – Once the
child who is under eighteen (18) years of age at the time
of the commission of the offense is found guilty of the
offense charged, the court shall determine and ascertain
any civil liability which may have resulted from the
offense committed. However, instead of pronouncing the
judgment of conviction, the court shall place the child in
conflict with the law under suspended sentence, without
need of application: Provided, however, That suspension
of sentence shall still be applied even if the juvenile is
already eighteen (18) of age or more at the time of the
pronouncement of his/her guilt.
Upon suspension of sentence and after considering the
various circumstances of the child, the court shall impose
the appropriate disposition measures as provided in the
Supreme Court on Juvenile in Conflict with the Law.
The above-quoted provision makes no distinction as to
the nature of the offense committed by the child in
conflict with the law, unlike P.D. No. 603 and A.M. No.
02-1-18-SC. The said P.D. and Supreme Court (SC)
Rule provide that the benefit of suspended sentence
would not apply to a child in conflict with the law if,
among others, he/she has been convicted of an offense
punishable by death, reclusion perpetua or life
imprisonment. In construing Sec. 38 of R.A. No. 9344,
the Court is guided by the basic principle of statutory
construction that when the law does not distinguish, we
should not distinguish. Since R.A. No. 9344 does not
distinguish between a minor who has been convicted of a
capital offense and another who has been convicted of a
lesser offense, the Court should also not distinguish and
should apply the automatic suspension of sentence to a
child in conflict with the law who has been found guilty of
a heinous crime (People of the Philippines vs Richard O.
Sarcia G.R. No. 169641 September 10, 2009).
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Discharge After Compliance with Conditions of
Suspended Sentence of a First-Time Minor Offender
(Sec. 67)
If the first time minor offender under suspended sentence
complies with the rules and regulations of the Board, the
court, upon recommendation of the Board, shall
discharge the accused and dismiss all proceedings.
The minor shall not thereafter be held guilty of perjury or
of concealment or misrepresentation by reason of his/her
failure to acknowledge the case or recite any fact related
thereto in response to any inquiry made of him for any
purpose.
The privilege of suspended sentence shall be availed of
only ONCE by an accused drug dependent who is a first-
time offender over fifteen (15) years of age at the time of
the commission of the violation of Section 15 (Use of
Dangerous Drugs) but not more than eighteen (18) years
of age at the time when judgment should be promulgated
(Sec. 68).
Dangerous Drugs Board and Philippine Drug
Enforcement Agency (Article IX)
Dangerous Drugs Board
Shall be the policy-making and strategy-formulating body
in the planning and formulation of policies and programs
on drug prevention and control.
Philippine Drug Enforcement Agency (PDEA)
Shall serve as the implementing arm of the Board, and
shall be responsible for the efficient and effective law
enforcement of all the provisions on any dangerous drug
and/or controlled precursor and essential chemical as
provided in the Act.
Among the powers and duties of the PDEA is to prepare
for prosecution or cause the filing of appropriate criminal
and civil cases for violation of all laws on dangerous
drugs, controlled precursors and essential chemicals,
and other similar controlled substances, and assist,
support and coordinate with other government agencies
for the proper and effective prosecution of the same.
(Sec. 84 [h])
The PDEA shall be the lead agency in the investigation
of any violation of RA No. 9165 (Sec. 86, last par.).
Limited Applicability of RPC to RA 9165
Notwithstanding any law, rule or regulation to the
contrary, the provisions of the RPC shall not apply to the
provisions of this Act, except in the case of minor
offenders. Where the offender is a minor, the penalty for
127
acts punishable by life imprisonment to death shall be
reclusion perpetua to death (Sec. 98).
TITLE SIX: CRIMES AGAINST PUBLIC
MORALS
CHAPTER ONE: GAMBLING AND
BETTING (ARTS. 195-199)
Arts. 195-199 and provisions of PD 483 and 449 are
repealed insofar as they are inconsistent with PD 1602,
which provides for stiffer penalties for violation of the
Gambling Laws.
Gambling
Is any game or scheme, whether upon chance or skill,
wherein wagers consisting of money, articles of value or
representative of value are at stake or made.
1. Any person taking part, directly or indirectly in any
illegal or unauthorized activities or games of
cockfighting, jueteng, jai alai or horse racing to include
bookie operations and game fixing, numbers, bingo
and other forms of lotteries; cara y cruz, pompiang and
the like; 7-11 and any game using dice; black jack,
lucky nine, poker and its derivatives, monte, baccarat,
cuajo, pangguigue and other card games; pak que,
high and low, mahjong, domino and other games using
plastic tiles and the like; slot machines, roulette, pinball
and other mechanical contraptions and devices; dog
racing, boat racing, car racing and other forms of
races; basketball, boxing, volleyball, bowling, pingpong
and other forms of individual or team contests to
include game fixing, point shaving and other
machinations; banking or percentage game, or any
other game or scheme, whether upon chance or skill,
wherein wagers consisting of money, articles of value
or representative of value are at stake or made;
2. Any person knowingly permitting any form of gambling
previously enumerated to be carried on in an inhabited
or uninhabited place or in any building, vessel or other
means of transportation owned or controlled by him.
Elements:
a.That a gambling game was carried on in an
inhabited or uninhabited place or in any building,
vessel or other means of transportation;
b. That the place, building, vessel or other means of
transportation is owned or controlled by the
offender; and
c. That the offender permitted the carrying on of such
game, knowing that it is a gambling game.
3. Any person knowingly permitting any form of gambling
to be carried on in a place which has a reputation of a
 gambling place or where prohibited gambling is
frequently carried on therein, or in a public or
government building or barangay hall;
4. The maintainer or conductor of the above gambling
schemes.
Maintainer
It is the person who sets up and furnishes the means
with which to carry on the gambling game or scheme.
Conductor
It is the person who manages or carries on the
gambling game or scheme.
5. A government official who is a maintainer, conductor
or banker of the gambling schemes, or the player,
promoter, referee, umpire, judge or coach in case of
game fixing, point shaving and other machinations.
6. Any person who knowingly and without lawful purpose
in any hour of any day, possesses any lottery list,
paper or other matter containing letters, figures, signs
or symbols pertaining to or in any manner used in the
games of jueteng, jai alai or horse racing bookies and
similar games of lotteries and numbers which have
taken place or about to take place.
7. Any barangay official who, with knowledge of the
existence of the gambling house or place in his
jurisdiction fails to abate the same or take action in
connection therewith.
8. Any security officer, security guard, watchman, private
or house detective of hotels, villages, buildings,
enclosures and the like which have the reputation of a
gambling place or where gambling activities are being
held.
Proof that the game took place or is about to take
place is not necessary.
A mere bystander or spectator in a gambling game is
not criminally liable, because he does not take part
therein, directly or indirectly. The law does not make
the mere presence in a gambling house an offense
(U.S. vs. Palma, G.R. No. 2188, May 5, 1905).
Lottery
It is a scheme for the distribution of prizes by chance
among persons who have paid, or agreed to pay, a
valuable consideration for the chance to obtain a prize
(U.S. v. Filart, G.R. No. L-10263, May 13, 1915).
Elements of lottery:
1. Consideration;
2. Chance;
3. Prize or some advantage or inequality in amount or
value which is in the nature of a prize.
There is no lottery when there is full value for money and
the prize is merely incidental (Reyes, p. 343).
ARTICLE 196
IMPORTATION SALE AND POSSESSION OF
LOTTERY TICKETS OR ADVERTISEMENTS
Acts punished relative to lottery tickets or
advertisements:
1. By importing into the Philippines from any foreign place
or port any lottery ticket or advertisement.
2. By selling or distributing the same in connivance with
the importer.
3. By possessing, knowingly and with intent to use, lottery
tickets or advertisements.
4. By selling or distributing the same without connivance
with the importer.
The possession of any lottery ticket or advertisement is
prima facie evidence of an intent to sell, distribute or use
the same.
PRESIDENTIAL DECREE NO. 483
Penalizing Betting, Game-fixing or
Point-Shaving and Machinations in
Sport Contests
Note: This repealed Article 197 (Betting in Sports
Contests) of RPC.
Acts punished: Game-fixing, point-shaving, game
machination, in connection with the games of basketball,
volleyball, softball, baseball; chess, boxing bouts, “jai-
alai,” “pelota” and all other sports contests, games or
races; as well as betting therein except as may be
authorized by law (Sec. 2).
Definitions:
1. Betting – betting money or any object or article of
value or representative of value upon the result of any
game, races and other sports contests.
2. Game-fixing – any arrangement, combination,
scheme or agreement by which the result of any game,
races or sports contests shall be predicted and/or
known other than on the basis of the honest playing
skill or ability of the players or participants.
3. Point-shaving – any such arrangement, combination,
scheme, or agreement by which the skill or ability of
any player or participant in a game, race or sports
contest to make points or scores shall be limited
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 deliberately in order to influence the result thereof in
favor of one or the other team, player or participant
therein.
4. Game machination – any other fraudulent, deceitful,
unfair or dishonest means, method, manner or practice
employed for the purpose of influencing the result of
any game, race or sports contest (Sec 1).
Liability of offenders:
When the offender is an official, such as promoter,
referee, umpire, judge, or coach in the game, race,
sports contests, or the manager or sponsor of any
participating team, individual, or player therein, or
participants or players in such games, races, or other
sports contests, he shall, upon conviction, be punished
by prision correccional in its maximum period and a fine
of 2,000 pesos with subsidiary imprisonment in case of
insolvency, at the discretion of the court. This penalty
shall also be imposed when the offenders compose a
syndicate of five or more persons.
In case of any other offender, he shall, upon conviction,
be punished by prision correccional in its medium period
and a fine of 1,000 pesos with subsidiary imprisonment in
case of insolvency at the discretion of the court.
When the offender is an official or employee of any
government office or agency concerned with the
enforcement or administration of laws and regulations on
sports, the penalty provided for in the preceding
paragraph shall be imposed. In addition, he shall be
disqualified from holding any public office or employment
for life. If he is an alien, he may be deported (Section 3).
ARTICLE 198
ILLEGAL BETTING ON HORSE RACES
Acts punished in illegal betting on horse races:
1. By betting on horse races during the periods not
allowed by law.
2. By maintaining or employing a totalizer or other device
or scheme for betting on races or realizing profit
therefrom, during the periods not allowed by law.
Totalizer
It is a machine for registering and indicating the number
and nature of bets made on horse races.
Horse Races are allowed during:
1. Sundays not reserved
2. 24 Saturdays
3. Legal Holidays EXCEPT:
a. Independence Day
b. Rizal Day
c. Registration or Voting day
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d. Holy Thursday
e. Good Friday
ARTICLE 199
ILLEGAL COCKFIGHTING
Modified by: PD 449
Under PD 449, the following may be held liable:
1. Any person who, directly or indirectly, participates in
cockfights, by betting money or other valuable things in
a day other than those permitted by law.
2. Any person who, directly or indirectly, organizes
cockfights at which bets are made in a day other than
those permitted by law.
3. Any person who, directly or indirectly, participates in
cockfights, by betting money or other valuable things at
a place other than a licensed cockpit.
4. Any person who, directly or indirectly, organizes
cockfights at which bets are made at a place other
than a licensed cockpit.
5. Owner, manager or lessee of the cockpit who shall
permit gambling of any kind on the premises of the
cockpit or place of cockfighting during cockfights.
Cockfighting is allowed during:
1. Sundays
2. Legal Holidays EXCEPT:
a. Rizal Day
b. Independence Day
c. National Heroes Day
d. Holy Thursday
e. Good Friday
f. Election or Referendum Day
g. During the Registration days for election or
referendum
3. During local fiestas for not more than 3 days
4. During provincial, city or municipal, agricultural,
commercial or industrial fair, carnival or exposition for
a similar period of three days.
CHAPTER TWO: OFFENSES AGAINST
DECENCY AND GOOD CUSTOMS
(ARTS. 200-202)
ARTICLE 200
GRAVE SCANDAL
Elements:
1. That the offender performs an act or acts;
2. That such act or acts be highly scandalous as
offending against decency or good customs;
3. That the highly scandalous conduct is not expressly
falling within any article of the RPC; and
4. That the act or acts complained of be committed in a
 public place or within the public knowledge or view.
Decency
Means proprietary of conduct; proper observance of the
requirements of modesty, good taste, etc.
Customs
Established usage, social conventions carried on by
tradition and enforced by social disapproval of any
violation thereof.
Grave scandal
Consists of acts which are offensive to decency and
good customs which, having been committed publicly,
have given rise to public scandal to persons who have
accidentally witnessed the same.
The act punishable by Article 200 are those which by
their publicity and character can cause public scandal
among the person witnessing them, besides being
contrary to morals and good customs (People vs.
Dumlao, C.A., 380 O.G.3715).
If the act or acts of the offender are punished under
another article of the RPC, Art. 200 is NOT applicable.
The acts must be performed in a public place or within
public knowledge or view.
Hence, distinction should be made as to the place where
the offensive act was committed, whether in the public
place or in a private place:
1. In public place, the criminal liability arises irrespective
of whether the immoral act is open to the public view.
In short public view is not required.
2. When act offensive to decency is done in a private
place, public view or public knowledge is required.
When the acts were performed in a private house and
seen by one person, the crime was not committed. This
circumstance does not constitute the degree of publicity
which is an essential element of the crime.
ARTICLE 201
IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS,
AND INDECENT SHOWS
Persons Liable:
1. Those who shall publicly expound or proclaim
doctrines openly contrary to public morals.
2. The authors of obscene literature, published with their
knowledge in any form; the editors publishing such
literature; and the owners/operators of the
establishment selling the same.
Mere possession of obscene materials is not
punishable.
The crime of illegal publication is also committed when
the real printer’s name is not divulged.
The author of obscene literature is liable only when it is
published with his knowledge.
Those who, in theaters, fairs, cinematographs or any
other place, exhibit indecent or immoral plays,
scenes, acts or shows which are proscribed and shall
include those which:
a. Glorify criminals or condone crimes;
b. Serve no other purpose but to satisfy the market
for violence, lust or pornography;
c. Offend any race or religion;
d. Tend to abet traffic in and use of prohibited drugs;
and
e. Are contrary to law, public order, morals, good
customs, established policies, lawful orders,
decrees and edicts.
3. Those who shall sell, give away or exhibit films, prints,
engravings, sculptures or literature which are offensive
to morals.
What is punished is the distribution of indecent
literature, etc., to many people and not merely the
isolated, casual or occasional act of giving such kind of
literature to a single recipient (People v. Tempongko, 1
C.A. Rep. 317).
The purpose of the law is to protect the morals of the
public
Publicity is essential.
Morals
Imply conformity with the generally accepted standards
of goodness or rightness in conduct or character,
sometimes, specifically, to sexual conduct.
Obscene
It means something offensive to chastity, decency or
delicacy (People v. Kottinger, G.R. No. L-20569, October
29, 1923).
The Test of Obscenity
The test is whether the tendency of the matter charged
as obscene, is to deprave or corrupt those whose minds
are open to such immoral influences, and into whose
hands such a publication may fall and also whether or
not such publication or act shocks the ordinary and
common sense of men as an indecency.
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Indecency
It is an act against the good behavior and a just delicacy.
Mere nudity in pictures or paintings is not an obscenity.
The proper test is whether the motive of the picture, as
indicated by it, is pure or impure; or whether it is naturally
calculated to excite impure imaginations (People vs.
Serrano, CA-G.R. No. 5566-R, November 24, 1950).
Mere possession of obscene materials, without intention
to sell, exhibit, or give them away, is not punishable
under Article 201, considering the purpose of the law is
to prohibit the dissemination of obscene materials to the
public (Fernando vs. Court of Appeals, G.R. No. 169751,
December 6, 2006).
Disposition of prohibited articles:
The disposition of the literature, films, prints, engravings,
sculptures, paintings or other materials involved in the
violation shall be governed by the following rules:
1. Upon conviction of the offender – to be forfeited in
favor of the government to be destroyed.
2. Where the criminal case against the violator results in
an acquittal – to be forfeited in favor of the
government to be destroyed, after forfeiture
proceedings conducted by the chief constabulary.
3. The person aggrieved by the forfeiture action of the
Chief of Police may, within 15 days after his receipt of
the copy of the decision, appeal the matter to the
Secretary of the National Defense for review. The
decision of the Secretary of the National Defense shall
be final and unappealable (Sec. 2, P.D. 969).
Obscene publications and indecent shows under RA
7610
Any person who shall hire, employ, use, persuade,
induce or coerce a child to perform in obscene exhibition
and indecent shows, whether live or in video, pose, or
model in obscene publications or pornographic materials
or to sell or distribute the said materials shall suffer the
penalty of prision mayor in its medium period.
If the child used as a performer, subject or
seller/distributor is below twelve (12) years of age, the
penalty shall be imposed in its maximum period.
Any ascendant, guardian or person entrusted in any
capacity with care of a child who shall cause and/ or
allow such child to be employed or to participate in an
obscene play, scene, act, movie or show in any other
acts covered by this section shall suffer the penalty of
prision mayor in its medium period (Sec. 9).
131
ARTICLE 202
VAGRANTS AND PROSTITUTES
Note: Republic Act No. 10158 (2012) decriminalized
vagrancy.
Persons Liable:
1. Any person having no apparent means of subsistence,
who has the physical ability to work and who neglects
to apply himself to some lawful calling (Mendicant).
2. Any person found loitering about public or semipublic
buildings or places or tramping or wandering about the
country or the streets without visible means of support.
The absence of visible means of support or a lawful
calling is necessary to convict one for loitering around
saloons, dram shops, and gambling houses (U.S. v.
Hart, 26 Phil. 149).
3. Any idle or dissolute person who lodges in houses of
ill-fame; ruffians or pimps and those who habitually
associate with prostitutes (Vagrant).
4. Any person who, not being included in the provisions
of other articles of this Code, shall be found loitering in
any inhabited or uninhabited place belonging to
another without any lawful or justifiable purpose.
5. Prostitutes
Art. 202 is NOT applicable to minors
Persons below eighteen (18) years of age shall be
exempt from prosecution for the crimes of vagrancy and
prostitution under Art. 202 of the RPC, of mendicancy
under PD 1563, and sniffing of rugby under PD 1619,
such prosecution being inconsistent with the United
Nations Convention on the Rights of the Child: Provided,
That said persons shall undergo appropriate counseling
and treatment program. (Sec. 58, RA 9344 otherwise
known as the “Juvenile Justice and Welfare Act of
2006”).
Prostitutes
Women who, for money or profit habitually indulge in
sexual intercourse or lascivious conduct.
Dissolutes
Lax, unrestrained, immoral.
Ruffians
Violent or lawless individuals.
Pimp
One who provides gratification for the lust of others.
Persons Liable under PD 1563 or the Mendicancy
Law:
1. Mendicant himself
2. Any person who abets mendicancy by giving alms
directly to mendicants, exploited infants, and minors on
public roads, sidewalks, parks and bridges.
REPUBLIC ACT NO. 9208
THE ANTI-TRAFFICKING IN PERSONS ACT OF
2003
“Trafficking in Persons”
It is the recruitment, transportation, transfer or harboring,
or receipt of persons with or without the victim’s consent
or knowledge, within or across national borders by
means of threat or use of force, or other forms of
coercion, abduction, fraud, deception, abuse of power or
of position, taking advantage of the vulnerability of the
person or, the giving or receiving of payments or benefits
to achieve the consent of a person having control over
another person for the purpose of exploitation which
includes at a minimum, the exploitation or the prostitution
of others or other forms of sexual exploitation, forced
labor or services, slavery, servitude or the removal or
sale of organs (Sec 3).
Acts of Trafficking in Persons
It shall be unlawful for any person, natural or juridical, to
commit any of the following acts:
1. To recruit, transport, transfer, harbor, provide, or
receive a person by any means, including those done
under the pretext of domestic or overseas employment
or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced
labor, slavery;
2. To introduce or match for money, profit, or material,
economic or other consideration, any person or, as
provided for under R.A. No. 6955, any Filipino woman
to a foreign national, for marriage for the purpose of
acquiring, buying, offering, selling, or trading him/her to
engage in prostitution, pornography;
3. To offer or contract marriage, real or simulated, for
the purpose of acquiring, buying, offering, selling, or
trading them to engage in prostitution, pornography,
sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage;
4. To undertake or organize tours and travel plans
consisting of tourism packages or activities for the
purpose of utilizing and offering persons for
prostitution, pornography or sexual;
5. To maintain or hire a person to engage in prostitution
or pornography;
6. To adopt or facilitate the adoption of persons, for the
purpose of prostitution, pornography, sexual
exploitation, forced-labor, slavery, involuntary servitude
or debt-bondage;
7. To recruit, hire, adopt, transport or abduct a person,
by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of
removal or sale of organs of said person;
8. To recruit, transport or adopt a child to engage in
armed activities in the Philippines or abroad (Sec. 4).
TITLE SEVEN: CRIMES COMMITTED
BY PUBLIC OFFICERS
ARTICLE 203
WHO ARE PUBLIC OFFICERS
Requisites:
To be a public officer one must be –
1. Taking part in the performance of public functions in
the government, or performing in said Government or
in any of its branches public duties as an employee,
agent or subordinate official, of any rank or class; and
2. That his authority to take part in the performance of
public functions or to perform public duties must be –
a. By direct provision of the law; or
b. By popular election; or
c. By appointment by competent authority.
The term “public officers” embraces every public servant
from the highest to the lowest. For the purposes of the
RPC, it obliterates the standard distinction in the law of
public officers between “officer” and “employee.”
Temporary performance of public functions by a laborer
makes him a public officer.
CHAPTER TWO: MALFEASANCE AND
MISFEASANCE IN OFFICE
(ARTS. 204-212)
SECTION ONE: DERELICTION OF DUTY
Misfeasance
Improper performance of some act which might lawfully
be done.
Malfeasance
The performance of some act which ought not to be
done.
Nonfeasance
Omission of some act which ought to be performed.
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 ARTICLE 204
KNOWINGLY RENDERING
UNJUST JUDGMENT
Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted to him
for decision;
3. That the judgment is unjust; and
4. That the judge knows that his judgment is unjust.
Judgment
It is the final consideration and determination of a court of
competent jurisdiction upon the matters submitted to it, in
an action or proceeding.
Unjust judgment
It is one which is contrary to law, or is not supported by
evidence, or both.
An unjust judgment is rendered knowingly when it is
made deliberately and maliciously.
Knowingly means consciously, intelligently, willfully, or
intentionally (Black’s Law Dictionary, 5th ed., 784).
Sources of unjust judgment:
1. Error;
2. Ill-will or revenge; or
3. Bribery.
There is no liability at all for a mere error in good faith.
There must be evidence that the judgment is unjust for it
cannot be presumed and the judge knew that the
judgment is unjust. The Supreme Court must have
declared the judgment as unjust in a certiorari,
prohibition, or administrative proceeding.
Art. 204 has no application to members of a collegiate
court who reach their conclusions in consultation and
accordingly render their collective judgment after due
deliberation (In Re: Laureta, G.R. No. 68635, May 14,
1987).
ARTICLE 205
JUDGMENT RENDERED THROUGH NEGLIGENCE
Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted to him
for decision;
3. That the judgment is manifestly unjust; and
4. That it is due to his inexcusable negligence or
ignorance.
133
“Manifestly Unjust Judgment”
It is so manifestly contrary to law, that even a person
having a meager knowledge of the law cannot doubt the
injustice. Therefore, there is no need for a declaration by
the Supreme Court that the same is unjust in order to
result in conviction (Albert).
Abuse of discretion or mere error of judgment is NOT
punishable.
ARTICLE 206
UNJUST INTERLOCUTORY ORDER
Elements:
1. That the offender is a judge;
2. That he performs any of the following acts:
a. Knowingly renders unjust interlocutory order or
decree; or
b. Renders a manifestly unjust interlocutory order or
decree through inexcusable negligence or
ignorance.
Interlocutory order
It is an order which is issued by the court between the
commencement and the end of a suit or action and which
decides some point or matter, but which, however, is not
a final decision of the matter in issue.
Test: Does it leave something to be done in the trial
court with respect to the merits of the case? If it does, it
is interlocutory; if it does not, it is final.
Example: An order granting preliminary injunction or an
order appointing a receiver is an interlocutory order.
ARTICLE 207
MALICIOUS DELAY IN THE ADMINISTRATION OF
JUSTICE
Elements:
1. That the offender is a judge;
2. That there is a proceeding in his court;
3. That he delays the administration of justice; and
4. That the delay is malicious, that is, the delay is
caused by the judge with deliberate intent to inflict
damage on either party in the case.
Mere delay without malice is NOT a felony under this
article.
If the delay is NOT malicious, but committed through
gross negligence, the crime committed is that under RA
3019, Sec. 3(e).
 ARTICLE 208
PROSECUTION OF OFFENSES; NEGLIGENCE AND
TOLERANCE
Acts punished:
1. By maliciously refraining from instituting prosecution
against violators of the law.
2. By maliciously tolerating the commission of a crime.
Elements:
1. That the offender is a public officer or officer of the law
who has a duty to cause the prosecution of, or to
prosecute offenses;
2. That knowing the commission of the crime, he does
not cause the prosecution of the criminal or knowing
that a crime is about to be committed he tolerates its
commission; and
3. That the offender acts with malice and deliberate
intent to favor the violator of the law.
Negligence means “neglect of the duties of his office
by maliciously failing to move the prosecution and
punishment of the delinquent.
Malice is an important element in this Article.
Maliciously signifies deliberate intent.
The guilt of the offender is a prejudicial question to
the liability of the officer charged under this
provision.
Who Can Be Offenders in Art. 208?
1. Public officer
Officers of the prosecution department, whose duty is
to institute criminal proceedings for felonies upon being
informed of their perpetration.
2. Officer of the law
Includes all those who, by reason of the position held
by them, are duty-bound to cause prosecution and
punishment of offenders.
The fiscal or the city attorney, as prosecuting officer,
is under no compulsion to file the corresponding
information based upon as complaint, where he is
not convinced that the evidence gathered or
presented would warrant the filing of an action in
court.
Liability of public officer who, having the duty of
prosecuting the offender, harbored, concealed, or
assisted in the escape of the latter, is that of the
principal in the crime of dereliction of duty in the
prosecution of offense.
Note: Any person who solicits, accepts, or agrees to
accept any benefit in consideration of abstaining from,
discounting, or impeding the prosecution of a criminal
offender is liable under PD 1829.
ARTICLE 209
BETRAYAL OF TRUST BY AN
ATTORNEY OR SOLICITOR —
REVELATION OF SECRETS
Acts punished:
1. Causing damage to his client, either:
a. By any malicious breach of professional duty; or
b. Inexcusable negligence or ignorance.
If no damage is caused, attorney may be held
administratively or civilly liable.
2. Revealing any of the secrets of his client learned by
him in his professional capacity.
Damage is NOT necessary.
3. Undertaking the defense of the opposing party in the
same case without the consent of his first client after
having undertaken the defense of said first client or
after having received confidential information from said
client.
If the client consents to the attorney’s taking the
defense of the other party, there is no crime.
Procurador judicial
A person who had some practical knowledge of law and
procedure, but not a lawyer, and was permitted to
represent a party in a case before an inferior court.
SECTION TWO: BRIBERY
ARTICLE 210
DIRECT BRIBERY
Acts Punished:
1. By agreeing to perform, or by performing in
consideration of any offer, promise, gift or present, an
act constituting a crime, in connection with the
performance of his official duties.
The acceptance of the offer or promise is enough to
consummate the crime. Absent such acceptance, only
the person making the offer or promise is liable for
Attempted Corruption of a Public Officer.
2. By accepting a gift in consideration of the execution of
an act which does not constitute a crime, in connection
134 | C r i m i n a l L a w
 with the performance of his official duty. or be capable of pecuniary estimation (Reyes, p. 387).

The gift must be accepted by the public officer. It may ARTICLE 211
be received by the public officer himself or through a INDIRECT BRIBERY
third person.
Elements:
If the offer is not accepted by the public officer, only 1. That the offender is a public officer;
the person offering the gift or present is criminally 2. That he accepts gifts; and
liable for attempted corruption of public officer under 3. That the said gifts are offered to him by reason of his
Article 212 in relation to Article 6. The public officer is office.
not liable.
Direct Bribery Indirect Bribery
The act must be unjust.
As to consideration
3. By agreeing to refrain, or by refraining, from doing In both crimes the public officer receives gift.
something which it is his official duty to do, in
consideration of a gift or promise. As to existence of agreement
There is an agreement No such agreement
The third form of direct bribery differs from between the public exists.
prevaricacion (Art. 208) in that in bribery, the offender officer and the giver of
refrained from doing his official duty in consideration of gift or present.
a gift received or promised. This element is not
necessary in the crime of prevaricacion. As to necessity of the performance of the act
The offender agrees to It is not necessary that
Elements of direct bribery: perform or performs an the officer should do
1. That the offender be a public officer; act or refrains from any particular act or
2. That the offender accepts an offer or a promise or doing something, even promise to do an
receives a gift or present by himself or through because of the gift or act, as it is enough that
another; promise. he accepts gifts offered
3. That such offer or promise be accepted, or gift or to him by reason of his
present received by the public officer – office.
a. With a view to committing some crime; or
b. In consideration of the execution of an act which
does not constitute a crime, but the act must be There is no attempted or frustrated indirect bribery
unjust; or because it is committed by accepting gifts offered to the
c. To refrain from doing something which it is his public officer by reason of his office. If he does not
official duty to do; accept the gifts, he does not commit the crime. If he
4. That the act which the offender agrees to perform or accepts the gifts, it is consummated.
which he executes be connected with the
performance of his official duties. It is considered indirect bribery even if there was a sort of
an agreement between public officer and giver of gift.
The provisions of Art. 210 are made applicable to
assessors, arbitrators, appraisal and claim Receiving of gifts by public officials and employees, and
commissioners, experts or any other persons performing giving of gifts by private persons, on any occasion,
public duties (Art. 210, last par.). including Christmas is punishable.

The act which the public officer agrees to perform must
be connected with the performance of official duties.
For the purpose of punishing bribery, the temporary
performance of public functions is sufficient to constitute
a person a public officer.
The thing offered or accepted may be money, property,
services or anything else of value. It must have a value
Note: PD 46 punishes:
1. Any public official or employee who receives, directly
or indirectly; and
2. Any private person who gives, or offers to give:
Any gift, present or other valuable thing to any
occasion, when such gift, present or other valuable
thing is given by reason of the former’s official position,
whether the same is for past favors or the giver hopes
or expects to receive a favor or better treatment in the

135
 future from the public official or employee concerned in
the discharge of his official functions.
Included within the prohibition is the throwing of parties
or entertainments in honor of the official or employees or
his immediate relatives.
ARTICLE 211-A
QUALIFIED BRIBERY
Elements:
1. That the offender is a public officer entrusted with law
enforcement;
2. That the offender refrains from arresting or prosecuting
an offender who has committed a crime punishable by
reclusion perpetua and/or death; and
Note: If the crime committed is punishable by a
penalty less than reclusion perpetua, the public officer
is liable under Article 208 and direct bribery.
3. That the offender refrains from arresting or prosecuting
the offender in consideration of any promise, gift or
present.
The guilt of the offender is a prejudicial question to the
liability of the officer charged under this provision.
ARTICLE 212
CORRUPTION OF PUBLIC OFFICIALS
Elements:
1. That the offender makes offers or promises or gives
gifts or presents to a public officer; and
2. That the offers or promises are made or the gifts or
presents given to a public officer, under circumstances
that will make the public officer liable for direct bribery
or indirect bribery.
This article is concerned with the liability of the person
who shall have made the offers or promises or given the
gifts to the public officer.
The crime is attempted if the offer, promise, gift or
present was refused and consummated if accepted.
PD 749 grants immunity from prosecution to givers of
bribes and other gifts and to their accomplices if they
willingly testify against public officers or employees in
bribery and other graft cases. For the immunity to be
enjoyed, the following conditions must concur:
a. The information must refer to consummated violations
of Arts. 210, 211, 212 of the RPC; R.A. 3019, as
amended; Sec. 345 of the Internal Revenue Code and
Sec. 3604 of the Tariff and Customs Code and other
provisions of said Codes penalizing abuse or
dishonesty on the part of the public officials concerned;
and other laws, rules and regulations punishing acts of
graft, corruption and other forms of official abuse;
b. The information and testimony are necessary for the
conviction of the accused public officer;
c. Such information and testimony are not yet in the
possession of the State;
d. Such information and testimony can be corroborated
on its material points; and
e. The informant or witness has not been previously
convicted of a crime involving moral turpitude (Sec. 1).
The immunity shall not attach if the information turned
out to be false and malicious or made only for the
purpose of harassing, molesting or in any way
prejudicing the public officer denounce (Sec. 2).
PRESIDENTIAL DECREE NO. 749
GRANTING IMMUNITY FROM PROSECUTION TO
GIVERS OF BRIBES AND OTHER GIFTS AND TO
THEIR ACCOMPLICES IN BRIBERY AND OTHER
GRAFT CASES AGAINST PUBLIC OFFICERS
Persons Granted Immunity
Any person who voluntarily gives information and
willingly testifies against public official or employee for
any violation of :
1. Articles 210, 211 and 212 of RPC;
2. R.A. No. 3019, as amended;
3. Section 345 of the Internal Revenue Code and other
provisions of the said Codes penalizing abuse or
dishonesty on the part of the public officials concerned;
4. Other laws, rules and regulations punishing acts of
grafts, corruption, and other forms of official abuse
(Sec 1).
This immunity may be enjoyed by such informant or
witness notwithstanding that he offered or gave the bribe
or gift to the public official or is an accomplice for such
gift or bribe-giving. Provided, the following conditions
concur:
1. The information must refer to consummated violations
of any of the above-mentioned provisions of law, rules
and regulations;
2. The information and testimony are necessary for the
conviction of the accused public officer;
3. Such information and testimony are not yet in the
possession of the State;
4. Such information and testimony can be corroborated
on its material points; and
5. The informant or witness has not been previously
convicted of a crime involving moral turpitude (Sec1).
136 | C r i m i n a l L a w

REPUBLIC ACT NO. 3019
As amended by
RA 3047, PD 77, & BP 195
Anti-Graft and Corrupt Practices Act
Section 2. Definition of Terms
Government
The national government, the local government, the
GOCCs and all other instrumentalities or agencies of the
government.
Public officer
Includes elective and appointive officials and employees,
permanent or temporary, whether in the classified or
unclassified or exempt service receiving compensation,
even nominal from the government.
Receiving any gift
Includes the act of accepting directly or indirectly a gift
from a person other than a member of the public officer's
immediate family, in behalf of himself or of any member
of his family or relative within the fourth civil degree,
either by consanguinity or affinity, even on the occasion
of a family celebration or national festivity like Christmas,
if the value of the gift is under the circumstances
manifestly excessive.
In the case of Pecho vs. Sandiganbayan, G.R. No.
111399, November 14, 1994, the SC held that violation
of Section 3(e) thereof is punishable only in its
consummated stage. In said case, the SC said that in
case of special laws such as RA 3019, the application of
Article 6 in relation to Article 10 of the Revised Penal
Code will depend on how such laws define the offenses
therein.
Section 3. Corrupt Practices of Public Officials:
The corrupt practices herein enumerated are in addition
to acts or omissions of public officers already penalized
by existing law.
1. Persuading, inducing or influencing another public
officer to perform an act constituting a violation of rules
and regulations duly promulgated by competent
authority or an offense in connection with the official
duties of the latter, or allowing himself to be
persuaded, induced, or influenced to commit such
violation or offense.
Persons Liable:
a. Public officer who persuades, induces, or influences
another public officer.
b. Public officer who is persuaded, induced or
137
influenced.
Requesting or receiving any gift, present, or benefit is
not required in this provision (Reyes, p.399).
2. Directly or indirectly requesting or receiving any gift,
present, share, percentage, or benefit, for himself or
for any other person, in connection with any contract or
transaction between the government and any other
party, wherein the public officer in his official capacity
has to intervene under the law.
The lack of “demand” is immaterial. After all, Sec. 3(b)
of RA 3019 uses the word “or” between requesting and
receiving.
There must be a clear intention on the part of the
public officer to take the gift so offered and consider it
as his or her own property from then on. Mere physical
receipt unaccompanied by any other sign,
circumstance or act to show acceptance is not
sufficient to lead the court to conclude that the crime
has been committed (Peligrino v. People, G.R. No.
136266, August 31, 2001).
This section refers to a public officer whose official
intervention is required by law in a contract or
transaction (Jaravata v. Sandiganbayan, G.R. No. L-
56170, January 31, 1984).
A “transaction,” like a contract, is one which involves
some consideration as in credit transactions (Soriano
v. Sandiganbayan, G.R. No. L-65952, July 31, 1984).
3. Directly or indirectly requesting or receiving any gift,
present or other pecuniary or material benefit, for
himself or for another, from any person for whom the
public officer, in any manner or capacity has secured
or obtained, or will secure or obtain, any government
permit or license, in consideration for the help given or
to be given, without prejudice to Sec. 13 of this Act.
4. Accepting or having any member of his family accept
employment in a private enterprise which has pending
official business with him during the pendency thereof
or within 1 year after its termination.
5. Causing any undue injury to any party, including the
government, or giving any private party any
unwarranted benefits, advantage or preference in the
discharge of his official, administrative or judicial
functions through manifest partiality, evident bad faith
or gross inexcusable negligence. This provision shall
apply to officers and employees of offices or
Government corporations charged with the grant of
licenses or permits or other concessions.
 To be held liable under said section, the act of the
accused which caused undue injury must have been
done with manifest partiality, evident bad faith or gross
inexcusable negligence.
The undue injury must be specified, quantified and
proven to the point of moral certainty (Llorente vs.
Sandiganbayan, G.R. No. 122166, March 11, 1998).
If the act was committed with malice, the crime
committed may be that under Art. 207 (malicious delay
in the administration of justice) of the RPC.
Gross negligence
Negligence characterized by the want of even slight
care, acting or omitting to act in a situation where there
is a duty to act, not inadvertently but willfully and
intentionally with a conscious indifference to
consequences in so far as other persons may be
affected. It is the omission of that care which even
inattentive and thoughtless men never fail to take on
their property (Alejandro v. People, G.R. No. 81031,
February 20, 1989). In case of public officials, there is
gross negligence when a breach of duty is flagrant and
palpable (Quibal v. Sandiganbayan, G. R. No. 109991,
May 22, 1995).
The last sentence of this paragraph is intended to
make clear the inclusion of officers and employees of
offices or government corporations which, under the
ordinary concept of “public officer” may not come
within the term. It is a strained construction of the
provision to read it as applying exclusively to public
officers charged with the duty of granting license or
permits or other concessions (Mejorada v.
Sandiganbayan, G.R. No. L-51065-72 June 30, 1987).
6. Neglecting or refusing, after due demand or request,
without sufficient justification, to act within reasonable
time on any matter pending before him for the purpose
of obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material
benefit or advantage, or for the purpose of favoring his
own interest or giving undue advantage in favor of or
discriminating against any other interested party.
7. Entering on behalf of the Government, into any
contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the
public officer profited or will profit thereby.
It is not necessary that the public officer profited or
will profit from the contract or transaction. It is the
commission of the act as defined by law and not the
character thereof that determines whether the
provision has been violated (Marcos v.
Sandiganbayan, G.R. No. 126995, October 6, 1998).
8. Directly 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 which he is
prohibited by the Constitution or by law from having
any interest.
What is contemplated in this section is the actual
intervention in the transaction in which one has
financial or pecuniary interest in order that liability
may attach (Trieste v. Sandiganbayan, G.R. Nos. L-
70332-43, November 13, 1986).
9. 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
which he is a member; and which exercises discretion
in such approval, even if he votes against the same or
does not participate in the action of the board,
committee, panel or group.
Interest for personal gain shall be presumed against
those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular
transactions or acts by the board, panel or group to
which they belong.
10. Knowingly approving or granting any license, permit,
privilege or benefit in favor of any person not qualified
for or not legally entitled to such license, permit,
privilege or advantage, or of a mere representative or
dummy of one who is not qualified or entitled.
Requesting or receiving any gift, present or benefit is
not required in this provision.
11. Divulging valuable information of a confidential
character, acquired by his office or by him on
account of his official position to unauthorized
persons, or releasing such information in advance of
its authorized release date.
If damage was caused, Article 229 (revelation of
secrets by an officer) under the RPC is committed.
Section 4. Prohibition on Private Individuals
1. Taking advantage of family or close personal relation
with public official who has to intervene in some
business, transaction, application, request or contract
of the government with any other person, by directly or
indirectly requesting or receiving any present, gift, or
material or pecuniary advantage from such public
138 | C r i m i n a l L a w
 official.
Family relation
Includes the spouse or relatives by consanguinity or
affinity in the third civil degree.
Close personal relation
Includes close personal friendship, social and fraternal
connections, and professional employment all giving
rise to intimacy which assures free access to such
public officer.
2. Knowingly inducing or causing any public official to
commit any of the offenses defined in Section 3.
Section 5. Prohibition on certain relatives
The spouse or any relative, by consanguinity or affinity,
within the 3RD CIVIL DEGREE, of the President, the Vice-
President, Senate President, or the Speaker of the
House of Representatives is prohibited to intervene
directly or indirectly, in any business, transaction,
contract or application with the government.
Exceptions to the provisions:
a. Any person who, prior to the assumption of office of
any of those officials to whom he is related, has been
already dealing with the government along the same
line of business, nor to any transaction, contract or
application already existing or pending at the time of
such assumption of public office.
b. Any application filed by him, the approval of which is
not discretionary on the part of the official or officials
concerned but depends upon compliance with the
requisites provided by law, or rules or regulations
issued pursuant to law.
c. Any act lawfully performed in an official capacity or in
the exercise of a profession.
Section 6. Prohibition on Members of Congress
Members of Congress during their term are prohibited to
acquire or receive any personal pecuniary interest in any
specific business enterprise which will be directly and
particularly favored or benefited by any law or resolution
authored by them.
The prohibition shall also apply to any public officer who
recommended the initiation in Congress of the enactment
or adoption of any law or resolution and acquires or
receives any such interest during his incumbency.
The member of Congress or other public officer, who,
having such interest prior to the approval of a law or
resolution authored or recommended by him, continues
for thirty days after such approval to retain his interest
also violates this section.
139
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 other
lawful income.
Ground for forfeiture of unexplained wealth.
Section 11. Prescription of offenses
15 years – prescriptive period of all offenses under the
Act.
Section 12. Termination of office
No public officer is allowed to resign or retire:
1. Pending investigation, criminal or administrative or
2. Pending a prosecution against him
3. For any offense under the Act or under the provisions
of the RPC on Bribery.
Section 13. Suspension and loss of benefits
Any public officer against whom any criminal prosecution
under a valid information under RA 3019 or the
provisions of RPC on bribery is pending in court, shall be
suspended from office. If convicted by final judgment, he
shall lose all retirement or gratuity benefits, but if
acquitted, he shall be entitled to reinstatement and
salaries and benefits he failed to receive.
It is mandatory for the Court to place under preventive
suspension a public officer accused before it. Imposition
of suspension, however, is not automatic or self-
operative. A pre-condition is the existence of a valid
information, determined at a pre-suspension hearing.
Once a proper determination of the validity of the
information has been made, it becomes the ministerial
duty of the Court to issue the order of preventive
suspension. (Segovia v. Sandiganbayan, G.R. No.
124067, March 27, 1998)
Section 14. Exception
Unsolicited gifts or presents of small or insignificant value
offered or given as a mere ordinary token of gratitude of
friendship according to local custom or usage.
REPUBLIC ACT NO. 7080
ANTI-PLUNDER ACT
Means or schemes to acquire ill-gotten wealth:
(Sec.1 [d])
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, kickbacks 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 at the expense
and to the damage and prejudice of the Filipino people
and the Republic of the Philippines.
These should be committed by a combination or through
a series of acts. There should be at least two acts
otherwise the accused should be charged with the
particular crime committed and not with plunder. A
COMBINATION means at least two acts of a different
category while a SERIES means at least two acts of the
same category (Estrada vs. Sandiganbayan, G.R. No.
148560, November 21, 2001).
Section 2. Definition of the Crime of Plunder;
Penalties
Plunder
A crime committed by any public officer, by himself or in
connivance with his family, relatives by affinity or
consanguinity, business associates, subordinates or
other persons, by amassing, accumulating or acquiring
ill-gotten wealth in the aggregate amount or total value of
at least 50 million pesos.
Penalty: Reclusion Perpetua to Death
Mitigating and extenuating circumstances shall be
considered by the courts in the imposition of penalty.
Section 4. Rule of Evidence
It is NOT necessary to prove each and every criminal act
done. A pattern of overt or criminal acts indicative of the
over-all unlawful scheme or conspiracy shall be
sufficient.
PATTERN consists of at least a combination or series of
overt or criminal acts enumerated in subsections (1) to
(6) of Sec. 1(d) (Estrada vs. Sandiganbayan, G.R. No.
148560, November 21, 2001).
Section 6. Prescription of Crimes
The crime punishable under this Act shall prescribe in 20
years. However, the right of the State to recover
properties unlawfully acquired by public officers from
them or from their nominees or transferees shall not be
barred by prescription or laches or estoppel.
Plunder is a crime malum in se because the constitutive
crimes are mala in se. The elements of mens rea must
be proven in a prosecution for plunder (Estrada vs.
Sandiganbayan, G.R. No. 148560, November 21, 2001).
CHAPTER THREE: FRAUDS AND
ILLEGAL EXACTIONS AND
TRANSACTIONS
(ARTS. 213-216)
ARTICLE 213
FRAUDS AGAINST THE TREASURY AND SIMILAR
OF OFFENSES
Acts Punished:
1. By entering into an agreement with any interested
party or speculator or making use of any other
scheme, to defraud the Government, in dealing with
any person with regard to furnishing supplies, the
making of contracts, or the adjustment or settlement of
accounts relating to public property or funds.
2. By demanding, directly or indirectly, the payment of
sums different from or larger than those authorized by
law, in the collection of taxes, licenses, fees, and other
imposts.
3. By failing voluntarily to issue a receipt, as provided by
law, for any sum of money collected by him officially, in
the collection of taxes, licenses, fees and other
imposts.
4. By collecting or receiving, directly or indirectly, by way
of payment or otherwise, things or objects of a nature
different from that provided by law, in the collection of
taxes, licenses, fees and other imposts.
Elements of frauds against public treasury (Par. 1):
1. That the offender be a public officer;
2. That he should have taken advantage of his office,
that is, he intervened in the transaction in his official
capacity;
3. That he entered into an agreement with any interested
party or speculator or made use of any other scheme
with regard to
a. Furnishing supplies
b. The making of contracts, or
c. The adjustment or settlement of accounts relating to
140 | C r i m i n a l L a w
 public property or funds
4. That the accused had intent to defraud the
Government.
The offender must have the duty as public officer to
deal with any person with regard to furnishing supplies,
making of contracts, or the adjustment or settlement of
accounts relating to public property or funds.
This crime is consummated by merely entering into an
agreement with any interested party or speculator or
by merely making use of a scheme to defraud the
government. It is not necessary that the government is
actually defrauded by reason of the transaction. It is
sufficient that the public officer who acted in his official
capacity had the intent to defraud the Government.
Elements of illegal exactions (Pars. 2-4):
1. The offender is a public officer entrusted with the
collection of taxes, licenses, fees and other imposts;
and
2. He is guilty of any of the following acts or omissions:
a. Demanding, directly or indirectly, the payment of
sums different from or larger than those authorized
by law; or
b. Failing voluntarily to issue a receipt, as provided by
law, for any sum of money collected by him officially;
or
c. Collecting or receiving, directly or indirectly, by way
of payment or otherwise, things or objects of a
nature different from that provided by law.
Mere demand for larger or different amount is sufficient
to consummate a crime.
When there is deceit in demanding a greater fee than
that prescribed by law, the crime committed is estafa and
not illegal exaction.
A tax collector who collected a sum larger than that
authorized by law and spent the same is guilty of illegal
exaction and malversation.
Officers or employees of the Bureau of Internal Revenue
or Bureau of Customs are not covered by this article. The
National Internal Revenue Code or the Administrative
Code applies.
ARTICLE 214
OTHER FRAUDS
Elements:
1. That the offender is a public officer;
2. That he takes advantage of his official position; and
3. That he commits any of the frauds or deceits
enumerated in Arts. 315 to 318 (estafa, other forms of
141
swindling, swindling a minor, and other deceits).
The penalty (special disqualification) under this article is
in addition to the penalties prescribed in the Articles
violated.
Not a crime but considered as a special aggravating
circumstance.
ARTICLE 215
PROHIBITED TRANSACTIONS
Elements:
1. That the offender is an appointive public officer;
Examples: justices, judges or fiscals, employees
engaged in the collection and administration of public
funds
2. That he becomes interested, directly or indirectly, in
any transaction of exchange or speculation;
3. That the transaction takes place within the territory
subject to his jurisdiction; and
4. That he becomes interested in the transaction during
his incumbency.
The transaction must be one of exchange or speculation,
such as buying and selling stocks, commodities, land,
etc., hoping to take advantage of an expected rise and
fall in price.
Purchasing of stocks or shares in a company is simply an
investment and is not a violation of the article. But buying
regularly securities for resale is speculation.
ARTICLE 216
POSSESSION OF PROHIBITED INTEREST BY A
PUBLIC OFFICER
Persons liable:
1. Public officer who, directly or indirectly, became
interested in any contract or business in which it was
his official duty to intervene.
2. Experts, arbitrators, and private accountants who, in
like manner, took part in any contract or transaction
connected with the estate or property in the appraisal,
distribution or adjudication of which they had acted.
3. Guardians and executors with respect to the property
belonging to their wards or the estate.
Actual fraud is NOT necessary, the act is punished
because of the possibility that fraud may be committed or
that the officer or private person (such as an expert,
arbitrator, private accountant, guardian and executor)
may place his own interest above that of the government
or party which he represents.
Intervention must be by virtue of public office held. The
official who intervenes in contracts which have no
connection with his office cannot commit the crime
defined under this Article.
CHAPTER FOUR: MALVERSATION OF
PUBLIC FUNDS OR PROPERTY
(ARTS. 217-222)
ARTICLE 217
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
— PRESUMPTION OF MALVERSATION
Malversation is also called embezzlement (Reyes, The
Revised Penal Code Book II, 17th ed., 2008 p. 425).
Acts punished:
1. By appropriating public funds or property.
To appropriate public funds or property includes
every attempt to dispose of the same without right.
2. By taking or misappropriating the same.
3. By consenting, or through abandonment or
negligence, permitting any other person to take such
public funds or property.
4. By being otherwise guilty of the misappropriation or
malversation of such funds or property.
Common elements:
1. That the offender be a public officer.
2. That he had custody or control of funds or property by
reason of the duties of his office.
3. That those funds or property were public funds or
property for which he was accountable.
4. That he appropriated, took, misappropriated or
consented, or through abandonment or negligence,
permitted another person to take them.
Custody
Means guarding or keeping safe; care.
Accountable Officer
A public officer who, in the discharge of his office,
receives money or property of the government which he
is bound to later account for. It is the nature of the duties
of, not the nomenclature used for, or the relative
significance of the title to, the position which controls in
the determination (Tanggote v. Sandiganbayan, G.R. No.
103584, September 2, 1994).
Funds or property must be received in official capacity.
Hence, if the public officer had no authority to receive the
money and he misappropriated the same, the crime is
estafa, not malversation.
The penalty for malversation is the same whether
committed with malice or through negligence or
imprudence.
Nature of the duties of the public officer, not the name of
the office, is controlling.
Malversation may be committed by private
individuals in the following cases:
1. Those in conspiracy with public officers guilty of
malversation.
2. Those who are accessory or accomplice to a public
officer.
The provisions of Article 217 shall apply to (1)
private individuals who, in any capacity
whatsoever, have charge of national, provincial or
municipal funds, revenues or property, and to (2)
any administrator or depositary of funds or
property attached or seized or deposited by public
authority.
3. Custodian of public funds or property in whatever
capacity.
4. Depositary or administrator of public funds or property.
Presumption
When demand is made to the accountable officer to
account for the funds and property and the same is not
forthcoming, this shall be a prima facie evidence that he
has put such missing funds or property to personal use.
The return of the funds malversed is only mitigating, not
exempting circumstance.
Demand is NOT necessary in malversation. Damage to
the government is also not necessary.
Malversation is principally distinguished from estafa
by:
1. The public or private character of the accused.
2. The nature of the funds.
3. The fact that conversion is not required in
malversation.
4. The rule that there is no need of prior demand in
malversation.
5. The absence of a requirement of damage in
malversation.
Malversation can be committed through
abandonment or negligence. Negligence is the
omission to do something which a reasonable man,
guided by those considerations which ordinarily
regulate the conduct of human affairs, would do, or
142 | C r i m i n a l L a w
the doing of something which a prudent and
reasonable man would do.
The failure of a public officer to have duly
forthcoming any public funds or property with which
he is chargeable, upon demand by any duly
authorized officer, shall be prima facie evidence that
he has put such missing funds or property to
personal uses.
Direct Evidence Not Required in Malversation
Direct evidence is not necessary to prove malversation
because the law presumes that malversation was
committed when after there has been complete, thorough
and reliable audit, there is a discrepancy in the funds or
property. As such, when the officer cannot overthrow the
presumption in law, he may be held liable for
malversation although no directevidence has been
presented yet (Cabella v. Sandiganbayan, 197 SCRA 94
[1991]).
ARTICLE 218
FAILURE OF ACCOUNTABLE OFFICER
TO RENDER ACCOUNTS
Elements:
1. That the offender is a public officer, whether in the
service or separated therefrom;
2. That he must be an accountable officer for public
funds or property;
3. That he is required by law or regulation to render
accounts to the Commission on Audit, or to a provincial
auditor; and
4. That he fails to do so for a period of two months after
such accounts should be rendered.
Demand for accounting is NOT necessary.
It is NOT necessary that there be misappropriation. If
there is misappropriation, he would be liable also for
malversation under Art. 217.
ARTICLE 219
FAILURE OF RESPONSIBLE PUBLIC OFFICER TO
RENDER ACCOUNTS BEFORE LEAVING THE
COUNTRY
Elements:
1. That the offender is a public officer;
2. That he must be an accountable officer for public
funds or property; and
3. That he must have unlawfully left (or be on the point of
leaving) the Philippines without securing from the
Commission on Audit a certificate showing that his
143
accounts have been finally settled.
The act of leaving the country must be
unauthorized or not permitted by law.
ARTICLE 220
ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
Elements:
1. That the offender is a public officer;
2. That there is a public fund or property under his
administration;
3. That such public fund or property has been
appropriated by law or ordinance; and
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.
The crime under this Article is also referred to as
TECHNICAL MALVERSATION.
The public funds or property must be appropriated by law
or ordinance for a particular purpose.
Illegal Use of Public
Malversation
Funds or Property
The offenders are accountable public officers in
both crimes.
The offender does not The offender in certain
derive any personal gain cases profits from the
or profit. proceeds of the crime.
The public fund or The public fund or
property is applied to property is applied to the
another public use. personal use and benefit
of the offender or of
another person.
ARTICLE 221
FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS
OR PROPERTY
Acts Punished:
1. By failing to make payment by a public officer who is
under obligation to make such payment from
Government funds in his possession.
Elements:
a. Public officer has government funds in his
possession;
b. He is under obligation to make payment from such
funds; and
c. He fails to make the payment, maliciously.

2. By 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.
ARTICLE 222
OFFICERS INCLUDED IN THE PRECEDING
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 or depository of funds or property
attached, seized, or deposited by public authority even
if such property belongs to a private individual.
(example: sheriffs and receivers)
The word administrator does not include judicial
administrator appointed to administer the estate of a
deceased person because he is not in charge of any
property attached, impounded, or placed in deposit by
public authority. Conversion of effects in his trust
makes him liable for estafa.
Private property is included, provided it is attached,
seized, or deposited by public authority.
CHAPTER FIVE: INFIDELITY OF PUBLIC
OFFICERS
(ARTS. 223-230)
SECTION ONE: INFIDELITY IN THE CUSTODY OF
PRISONERS
ARTICLE 223
CONNIVING WITH OR CONSENTING TO EVASION
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 judgment;
3. That such prisoner escaped from his custody; and
4. That he was in connivance with the prisoner in the
latter’s escape.
Connivance with the prisoner (agreement between
the prisoner and the public officer) in his escape is
an indispensable element of the offense.
Classes of prisoners involved:
1. If the fugitive has been sentenced by final judgment to
any penalty.
2. If the fugitive is held only as detention prisoner for any
crime or violation of law or municipal ordinance.
A detention prisoner is a person in legal custody,
arrested for, and charged with, some crime or public
offense.
Leniency, laxity and release of detention prisoner who
could not be delivered to the judicial authority within
the time fixed by law, are not considered infidelity in
the custody of prisoners.
There is real and actual evasion of service of sentence
when the custodian permits the prisoner to obtain a
relaxation of his imprisonment and to escape the
punishment of being deprived of his liberty, thus
making the penalty ineffectual, although the convict
may not have fled (U.S. vs. Bandino, G.R. No. L-9964,
February 11,1915).
ARTICLE 224
EVASION THROUGH NEGLIGENCE
Elements:
1. That the offender is a public officer;
2. That he is charged with the conveyance or custody of
a prisoner, either detention prisoner or prisoner by final
judgment; and
3. That such prisoner escapes through his negligence.
Not every negligence or distraction of a guard is
penalized. It is only that positive carelessness that is
short of deliberate non-performance of his duties as
guard that is the gravamen of the crime of infidelity under
Art. 224 (People v. Reyes, et al., C.A., 59 O.G. 6664).
The fact that the public officer recaptured the prisoner
who had escaped from his custody does not afford
complete exculpation.
A policeman who, assigned to guard a prisoner, falls
asleep, with the result that the prisoner escapes, is guilty
of negligence in the custody of a prisoner (People vs.
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Guiab, G.R. No. 39631, May 6, 1934).
Liability of escaping prisoner:
1. If the fugitive is serving sentence by reason of final
judgment, he is liable for evasion of the service of
sentence under Art. 157.
2. If the fugitive is only a detention prisoner, he does not
incur criminal liability.
Any public officer who has direct custody of a
detained person under the provisions of this Act and
who, by deliberate act, misconduct or inexcusable
negligence causes or allows the escape of such
detained person shall be guilty of an offense
(Human Security Act of 2007, R.A. 9372, Section
44).
ARTICLE 225
ESCAPE OF PRISONER UNDER THE CUSTODY OF A
PERSON NOT A PUBLIC OFFICER
Elements:
1. That the offender is a private person;
2. That the conveyance or custody of a prisoner or
person under arrest is confided to him;
3. That the prisoner or person under arrest escapes; and
4. That the offender consents to the escape of the
prisoner or person under arrest, or that the escape
takes place through his negligence.
Art. 225 is NOT applicable if a private person was the
one who made the arrest and he consented to the
escape of the person he arrested.
SECTION TWO: INFIDELITY IN THE CUSTODY OF
DOCUMENTS
ARTICLE 226
REMOVAL, CONCEALMENT, OR DESTRUCTION OF
DOCUMENTS
Elements:
1. That the offender be a public officer;
Note: Only public officers who have been officially
entrusted with the documents or papers can be held
liable under Article 226. If the offender is a private
individual, estafa is committed if there is damage
caused. If there is no damage, the crime is malicious
mischief.
2. That he removes, conceals or destroys documents or
papers;
The removal must be for illicit purpose when the
145
intention of the offender is –
a. to tamper with it, or
b. to profit by it, or
c. to commit an act constituting a breach of trust
in the official care thereof.
Papers include checks, promissory notes, and paper
money.
3. That the said documents or papers should have been
entrusted to such public officer by reason of his office;
and
4. That damage, whether serious or not, to a third party
or to the public interest should have been caused.
The document must be complete and one by which a
right can be established or an obligation could be
extinguished.
The removal must be for an illicit purpose.
The crime of removal of public document in breach of
official trust is consummated upon its removal or
secreting away from its usual place in the office and after
the offender had gone out and locked the door, it being
immaterial whether he has or has not actually
accomplished the illicit purpose for which he removed
said document.
Damage in this article may consist in mere alarm to the
public or in the alienation of its confidence in any branch
of the government service.
ARTICLE 227
OFFICER BREAKING SEAL
Elements:
1. That the offender is a public officer;
2. That he is charged with the custody of papers or
property;
3. That these papers or property are sealed by proper
authority; and
4. That he breaks the seals or permits them to be
broken.
5.
Damage or intent to damage is not necessary.
ARTICLE 228
OPENING OF CLOSED DOCUMENTS
Elements:
1. That the offender is a public officer;
2. That any closed papers, documents, or objects are
entrusted to his custody;
3. That he opens or permits to be opened said closed third person;
papers, documents, or objects; and 5. That the delivery is wrongful; and
4. That he does not have the proper authority. 6. That damage be caused to public interest

The closed document must be entrusted to the custody “Charge”

of the accused by reason of his office. Means control or custody. If the public officer is merely
entrusted with the papers but not with the custody, he is
If in opening closed papers or objects, the public officer not liable under this provision.
broke the seal, the offense would be breaking seal under
Art. 227 and not the crime of opening a closed document, Damage is an element of the offenses defined in Art.
because the offender must be a public officer “not 229. A higher penalty is provided if serious damage is
included in the preceding article.” caused otherwise a lower penalty is imposed. This
indicates that the lesser penalty refers to causing
Damage or intent to cause damage is NOT an element of damage which is not serious.
this offense.
Infidelity in the
SECTION THREE: REVELATION OF SECRETS Revelation of Secrets Custody of
by an Officer Document/Papers by
ARTICLE 229 Removing the Same
REVELATION OF SECRETS BY AN OFFICER
The papers contain The papers do not
secrets and therefore contain secrets but their
Acts punished: should not be removal is for an illicit
1. By revealing any secret known to the offending public published, and the purpose.
officer by reason of his official capacity. public officer having
charge thereof removes
Elements of No. 1: and delivers them
1. That the offender is a public officer; wrongfully to a third
That he knows of a secret by reason of his official person.
capacity;
2. That he reveals such secret without authority or
justifiable reasons; and
3. That damage, great or small, be caused to public
interest.
ARTICLE 230
Sec 3 (k) of RA 3019 is violated if there is no damage PUBLIC OFFICER REVEALING SECRETS OF
caused in revealing the secret. PRIVATE INDIVIDUAL

This article punishes minor official betrayals, Elements:

infidelities of little consequence, affecting usually the
administration of justice, executive or official duties, or
the general interest of the public order.
Secrets must affect public interest, if not, the
revelation would constitute no crime at all.
2. By delivering wrongfully papers or copies of papers of
which he may have charge and which should not be
published.
Elements of No. 2:
1. That the offender is a public officer;
2. That he has charge of papers;
3. That those papers should not be published;
4. That he delivers those papers or copies thereof to a
1. That the offender is a public officer;
2. That he knows of the secrets of a private individual by
reason of his office; and
3. That he reveals such secrets without authority or
justifiable reason.
If the offender is a lawyer, the crime under Art. 209 is
committed.
If the offender is a private individual, the crime under Art.
290 or 291 is committed.
Revelation to one person is necessary and sufficient, for
public revelation is not required.
It is NOT necessary that damage is suffered by the

146 | C r i m i n a l L a w
private individual. The reason for this provision is to
uphold faith and trust in public service.
CHAPTER SIX: OTHER OFFENSES OR
IRREGULARITIES BY PUBLIC
OFFICERS
(ARTS. 231-245)
SECTION ONE: DISOBEDIENCE, REFUSAL OF
ASSISTANCE AND MALTREATMENT OF
PRISONERS
ARTICLE 231
OPEN DISOBEDIENCE
Elements:
1. That the offender is a judicial or executive officer;
2. That there is a judgment, decision or order of a
superior authority;
3. That such judgment, decision or order was made
within the scope of the jurisdiction of the superior
authority and issued with all legal formalities; and
4. That the offender without any legal justification openly
refuses to execute said judgment, decision or order,
which he is duty bound to obey.
ARTICLE 232
DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER
WHEN SAID ORDER WAS SUSPENDED BY
INFERIOR OFFICER
Elements:
1. That the offender is a public officer;
2. That an order is issued by his superior for execution;
3. That he has for any reason suspended the execution
of such order;
4. That his superior disapproves the suspension of the
execution of the order; and
5. That the offender disobeys his superior despite the
disapproval of the suspension.
This article does NOT apply if the order of the superior is
illegal.
ARTICLE 233
REFUSAL OF ASSISTANCE
Elements:
1. That the offender is a public officer;
2. That a competent authority demands from the offender
that he lend his cooperation towards the administration
of justice or other public service; and
3. That the offender fails to do so maliciously.
There must be damage to the public interest or to a third
147
party.
If the offender is a private individual, he may be held
liable for contempt.
ARTICLE 234
REFUSAL TO DISCHARGE ELECTIVE OFFICE
Elements:
1. That the offender is elected by popular election to a
public office;
2. That he refuses to be sworn in or to discharge the
duties of said office; and
3. That there is no legal motive for such refusal to be
sworn in or to discharge the duties of said office.
ARTICLE 235
MALTREATMENT OF PRISONERS
Elements:
1. That the offender is a public officer or employee;
2. That he has under his charge a prisoner convicted by
final judgment or a detention prisoner;
3. That he maltreats such prisoner in either of the
following manners:
a. By overdoing himself in the correction or handling
of a prisoner or detention prisoner under his
charge either:
i. by the imposition of punishments not authorized
by the regulations; or
ii. by inflicting such punishments (those
authorized) in a cruel and humiliating manner;
or
b. By maltreating such prisoner to extort a
confession or to obtain some information from
the prisoner.
The public officer or employee must have actual charge
of the prisoner.
To be a detention prisoner, the person arrested must be
placed in jail even for a short while.
Offender may also be held liable for physical injuries or
damage caused. There is no complex crime of
maltreatment of prisoners with serious or less serious
physical injuries, as defined in Art. 48.
REPUBLIC ACT N0. 9745
Anti-Torture Act of 2009
Torture"
Refers to an act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a
person for such purposes as
1. obtaining from him/her or a third person
information or a confession;
2. punishing him/her for an act he/she or a third
person has committed or is suspected of having
committed; or
3. intimidating or coercing him/her or a third person;
or for any reason based on discrimination of any
kind, when such pain or suffering is inflicted by or
at the instigation of or with the consent or
acquiescence of a person in authority or agent of
a person in authority.
Punishable Acts
1. Physical torture is a form of treatment or punishment
inflicted by a person in authority or agent of a person
in authority upon another in his/her custody that
causes severe pain, exhaustion, disability or
dysfunction of one or more parts of the body, such as:
a. Systematic beating, headbanging, punching,
kicking, striking with truncheon or rifle butt or other
similar objects, and jumping on the stomach;
b. Food deprivation or forcible feeding with spoiled
food, animal or human excreta and other stuff or
substances not normally eaten;
c. Electric shock;
d. Cigarette burning; burning by electrically heated
rods, hot oil, acid; by the rubbing of pepper or
other chemical substances on mucous
membranes, or acids or spices directly on the
wound(s);
e. The submersion of the head in water or water
polluted with excrement, urine, vomit and/or blood
until the brink of suffocation;
f. Being tied or forced to assume fixed and stressful
bodily position;
g. Rape and sexual abuse, including the insertion of
foreign objects into the sex organ or rectum, or
electrical torture of the genitals;
h. Mutilation or amputation of the essential parts of
the body such as the genitalia, ear, tongue, etc.;
i. Dental torture or the forced extraction of the teeth;
j. Pulling out of fingernails;
k. Harmful exposure to the elements such as sunlight
and extreme cold;
l. The use of plastic bag and other materials placed
over the head to the point of asphyxiation;
m. The use of psychoactive drugs to change the
perception, memory. alertness or will of a person,
such as:
i. The administration or drugs to induce
confession and/or reduce mental competency;
or
ii. The use of drugs to induce extreme pain or
certain symptoms of a disease; and
n. Other analogous acts of physical torture; and
2. "Mental/Psychological Torture" refers to acts
committed by a person in authority or agent of a
person in authority which are calculated to affect or
confuse the mind and/or undermine a person's dignity
and morale, such as:
a. Blindfolding;
b. Threatening a person(s) or his/fher relative(s) with
bodily harm, execution or other wrongful acts;
c. Confinement in solitary cells or secret detention
places;
d. Prolonged interrogation;
e. Preparing a prisoner for a "show trial", public
display or public humiliation of a detainee or
prisoner;
f. Causing unscheduled transfer of a person
deprived of liberty from one place to another,
creating the belief that he/she shall be summarily
executed;
g. Maltreating a member/s of a person's family;
h. Causing the torture sessions to be witnessed by
the person's family, relatives or any third party;
i. Denial of sleep/rest;
j. Shame infliction such as stripping the person
naked, parading him/her in public places, shaving
the victim's head or putting marks on his/her body
against his/her will;
k. Deliberately prohibiting the victim to communicate
with any member of his/her family; and
l. Other analogous acts of mental/psychological
torture.
Who are Criminally Liable
1. Any person who actually participated Or induced
another in the commission of torture or other cruel,
inhuman and degrading treatment or punishment or
2. Those who cooperated in the execution of the act of
torture or other cruel, inhuman and degrading
treatment or punishment by previous or simultaneous
acts shall be liable as principal
Any superior military, police or law enforcement officer or
senior government official who issued an order to any
lower ranking personnel to commit torture for whatever
purpose shall be held equally liable as principals.
SECTION TWO: ANTICIPATION,
PROLONGATION AND ABANDONMENT OF THE
DUTIES AND POWERS OF PUBLIC OFFICE
ARTICLE 236
ANTICIPATION OF DUTIES OF
A PUBLIC OFFICE
148 | C r i m i n a l L a w
Elements: The public officer The public officer does
1. That the offender is entitled to hold a public office or abandons his office to not abandon his office but
employment, either by election or appointment; evade the discharge he fails to prosecute an
2. That the law requires that he should first be sworn in of his duty. offense by dereliction of
and/or should first give a bond; duty or by malicious
3. That he assumes the performance of the duties and tolerance of the
powers of such office; and commission of offenses.
4. That he has not taken his oath of office and/or given
the bond required by law.
SECTION THREE: USURPATION OF POWERS
AND UNLAWFUL APPOINTMENTS
ARTICLE 237
PROLONGING PERFORMANCE
ARTICLE 239
OF DUTIES AND POWERS
USURPATION OF LEGISLATIVE POWERS
Elements:
Elements:
1. That the offender is holding a public office;
1. That the offender is an executive or judicial officer;
2. That the period provided by law, regulations or
2. That he:
special provisions for holding such office, has already
a. Makes general rules or regulations beyond the
expired; and
3. That he continues to exercise the duties and powers scope of his authority; or
b. Attempts to repeal a law; or
of such office.
c. Suspends the execution thereof.

ARTICLE 240
Officers contemplated:
USURPATION OF EXECUTIVE FUNCTIONS
A public officer who has been suspended, separated,
declared overage, or dismissed cannot continue to
Elements:
perform the duties of his office.
1. That the offender is a judge;
2. That he:
ARTICLE 238
a. Assumes a power pertaining to the executive
ABANDONMENT OF OFFICE
authorities; or
b. Obstructs the executive authorities in the lawful
Elements:
exercise of their powers.
1. That the offender is a public officer;
2. That he formally resigns from his position;
Legislative officers are not liable for usurpation of
There must be written or formal resignation
3. That his resignation has not yet been accepted; and powers.
4. That he abandons his office to the detriment of the
ARTICLE 241
public service.
USURPATION OF JUDICIAL FUNCTIONS
Qualifying circumstance – when the abandonment of
the office has for its purpose to evade the discharge of Elements:
1. That the offender is an officer of the executive branch
the duties of preventing, prosecuting or punishing any of
of the Government;
the crimes falling within Title 1 and Chapter 1 Title 3 of
2. That he:
Book 2 of the RPC.
a. Assumes judicial powers; or
b. Obstructs the execution of any order or decision
Negligence and rendered by any judge within his jurisdiction.
Abandonment of
Tolerance in
Office
Prosecution of Offenses ARTICLE 242
(Art. 238)
(Art. 208) DISOBEYING REQUEST FOR
Committed by any Committed only by public DISQUALIFICATION
public officer. officers who have the duty
to institute prosecution for Elements:
the punishment of 1. That the offender is a public officer;
violations of the law. 2. That a proceeding is pending before such public

149
 officer;
3. That there is a question brought before the proper
authority regarding his jurisdiction, which is not yet
decided;
4. That he has been lawfully required to refrain from
continuing the proceeding; and
5. That he continues the proceeding.
ARTICLE 243
ORDERS OR REQUESTS BY EXECUTIVE
OFFICERS TO ANY JUDICIAL AUTHORITY
Elements:
1. That the offender is an executive officer;
2. That he addresses any order or suggestion to any
judicial authority; and
3. That the order or suggestion relates to any case or
business coming within the exclusive jurisdiction of
the courts of justice.
ARTICLE 244
UNLAWFUL APPOINTMENTS
Elements:
1. That the offender is a public officer;
2. That he nominates or appoints a person to a public
office;
3. That such person lacks the legal qualifications therefor;
and
4. That the offender knows that his nominee or appointee
lacks the qualification at the time he made the
nomination or appointment.
The offense is committed by “nominating” or by
“appointing.” “Nominate” is different from “recommend.”
Recommending, knowing that the recommendee has no
qualification, is not a crime.
There must be a law providing for the qualifications of a
person to be nominated or appointed to a public office.
SECTION FOUR: ABUSES AGAINST CHASTITY
ARTICLE 245
ABUSES AGAINST CHASTITY – PENALTIES
Ways of committing abuses against chastity:
1. By soliciting or making immoral or indecent
advances to a woman interested in the matters
pending before the offending officer for decision, or
with respect to which he is required to submit a
report to or consult with a superior officer.
2. By soliciting or making immoral or indecent advances
to a woman under the offender’s custody.
3. By soliciting or making immoral or indecent advances
to the wife, daughter, sister or relative within the same
degree by affinity of any person in the custody of the
offending warden or officer.
Elements:
1. That the offender is a public officer;
2. That he solicits or makes immoral or indecent
advances to a woman; and
3. That such woman must be —
a. Interested in matters pending before the offender
for decision, or with respect to which he is required
to submit a report to or consult with a superior
officer; or
b. Under the custody of the offender who is a warden
or other public officer directly charged with the care
and custody of prisoners or persons under arrest;
or
c. The wife, daughter, sister or relative within the
same degree by affinity of the person in the custody
of the offender.
The mother of the person in the custody of the offender is
NOT included.
Solicit
Means to propose earnestly and persistently something
unchaste and immoral to a woman.
This crime is consummated by mere proposal. If the
offender succeeds in committing a crime against chastity,
the solicitation and advances are considered merely as
preparatory acts.
Proof of solicitation is NOT necessary when there is
sexual intercourse.
Note: See also RA 7877, the “Anti-Sexual Harassment
Act of 1995” which applies where the accused demands,
requests or otherwise requires any sexual favors from
the victim in a work, education or training-related
environment.
TITLE EIGHT: CRIMES AGAINST
PERSONS
SECTION ONE: PARRICIDE, MURDER, HOMICIDE
ARTICLE 246
PARRICIDE
Elements:
1. That a person is killed;
2. That the deceased is killed by the accused; and
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3. That the deceased is the father, mother, or child,
whether legitimate or illegitimate, or a legitimate other
ascendant or other descendant, or the legitimate
spouse, of the accused.
Cases of parricide when the penalty shall NOT be
reclusion perpetua to death:
1. Parricide through negligence (Art. 365).
2. Parricide by mistake (Art. 249).
3. Parricide under exceptional circumstances (Art. 247).
The child should not be less than 3 days old;
otherwise the crime is infanticide. (Art. 255)
Relationship of the offender with the victim is the
essential element of the crime. Hence:
a. If a person wanted to kill a stranger but by mistake
killed his own father, he will be held liable for
parricide BUT Art. 49 will apply as regards the
proper penalty to be imposed, that is, the penalty
for the lesser offense in its maximum period.
b. A stranger who cooperates and takes part in the
commission of the crime of parricide is not guilty of
parricide but only of homicide or murder, as the
case may be. The key element in parricide is the
relationship of the offender with the victim (People
vs. Dalag, G.R. No. 129895, April 30, 2003).
c. The relationship between the offender and the
victim must be alleged.
The law does NOT require knowledge of relationship,
thus, a person who killed another not knowing that the
latter was his son will still be held guilty of parricide.
The fact that the husband only intended to maltreat his
wife does not exempt him from liability for resulting and
more serious crime committed (People vs. Tomotorgo,
G.R. No. L-47941, April 30, 1985).
Legitimacy need NOT be alleged when the accused
killed his (1)father, (2) mother or (3) child.
However with respect to the other ascendant,
descendant or spouse, the relationship MUST be
legitimate.
An adopted child is considered as a legitimate child BUT
since the relationship is exclusive between the adopter
and the adopted child, killing the parents of the adopter is
not considered parricide of “other (legitimate)
ascendants”.
151
ARTICLE 247
DEATH OR PHYSICAL INJURIES INFLICTED UNDER
EXCEPTIONAL CIRCUMSTANCES
Elements:
1. That a legally married person or a parent surprises his
spouse or his daughter, the latter under 18 years of
age and living with him, in the act of committing sexual
intercourse with another person;
2. That he or she kills any or both of them, or inflicts
upon any or both of them any serious physical injury, in
the act or immediately thereafter; and
3. That he has not promoted or facilitated the prostitution
of his wife or daughter, or that he or she has not
consented to the infidelity of the other spouse.
The requisites of Art. 247 must be established by the
evidence of the defense and accused cannot enter into a
conditional plea of guilty and be sentenced with destierro
since the prosecution will have to charge the defendant
with parricide and/or homicide, in case death results, or
of serious physical injuries in other cases.
For Art. 247 to apply, the offender must prove that he
actually surprised his wife and (her paramour) in
flagrante delicto, and that he killed the man during or
immediately thereafter. Evidence of the victim’s
promiscuity, is inconsequential to the killing (People vs.
Puedan, G.R. No. 139576, September 2, 2002).
Surprise
To come upon suddenly and unexpectedly.
Sexual intercourse does NOT include preparatory acts.
Immediately thereafter
The discovery, the escape, the pursuit and the killing
must all form part of one continuous act (U.S. vs. Vargas,
et al., G.R. 1053, May 7, 1903).
The accused must be a legally married person and the
word “spouse” shall include “wife.”
The parent need NOT be legitimate.
No liability for less serious or slight physical injuries
suffered by third persons during the commission of the
act under this article
Justification for Art. 247
The law considers the spouse or parent as acting in a
justified burst of passion.
 ARTICLE 248
MURDER
Murder
Unlawful killing of any person which is not parricide or
infanticide, provided that any of the following
circumstances is present:
1. With treachery, taking advantage of superior strength,
with the aid 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 promise;
3. By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or assault
upon a railroad, fall of an airship, by means of motor
vehicles, or with the use of any other means involving
great waste and ruin;
4. On occasion of any calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of
a volcano, destructive cyclone, epidemic, or any other
public calamity;
5. With evident premeditation; or
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse (As amended by RA
No. 7659).
Elements:
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended by any of the qualifying
circumstances mentioned in Art. 248; and
4. That the killing is not parricide or infanticide.
Rules for the application of the circumstances which
qualify the killing to murder:
1. That murder will exist with only one of the
circumstances described in Art. 248.
2. Where there are more than one qualifying
circumstance present, only one will qualify the killing,
with the rest to be considered as generic aggravating
circumstances.
3. That when the other circumstances are absorbed or
included in one qualifying circumstance, they cannot
be considered as generic aggravating.
4. That any of the qualifying circumstances enumerated
in Art. 248 must be alleged in the information.
Outraging (physical act)
Means to commit an extremely vicious or deeply insulting
act.
Scoffing (verbal act)
Means to jeer, and implies a showing of irreverence.
Dismemberment of a dead body is one manner of
outraging or scoffing at the corpse of the victim and
qualifies the killing to murder (People vs. Guillermo, G.R.
No. 147786, January 20, 2004).
If homicide or murder is committed with the use of an
unlicensed firearm, such use of an unlicensed firearm
shall be considered as an aggravating circumstance.
(R.A. No. 8294, Sec. 1)
Treachery and Evident Premeditation are inherent in
murder by means of Poison BUT the Use of Poison is not
inherent in murder. It only becomes inherent if there is
intent to kill and the poison is used as a means to kill.
ARTICLE 249
HOMICIDE
Homicide
The unlawful killing of any person, which is NOT
parricide, murder or infanticide.
Intent to kill is conclusively presumed when death results;
evidence of intent to kill is important only in attempted or
frustrated homicide.
Intent to kill is usually shown by the kind of weapon used
and part of the body wounded.
Elements:
1. That a person was killed;
2. That the accused killed him without any justifying
circumstance;
3. That the accused had the intention to kill, which is
presumed; and
4. That the killing was not attended by any of the
qualifying circumstances of murder, or by that of
parricide or infanticide.
The use of an unlicensed firearm is an aggravating
circumstance in homicide and is NOT to be considered
as a separate offense (RA No. 8294, Sec. 1).
Corpus Delicti
Actual commission of the crime charged and not the
body of the person killed.
Accidental Homicide
Is the death of a person brought about by a lawful act
performed with proper care and skill and without
homicidal intent. e.g. death in boxing bout. There is NO
FELONY committed in this case.
In an attempted or frustrated homicide, the offender
must have the intent to kill the victim. If there is no
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intent to kill on the part of the offender, he is liable
for physical injuries.
In all crimes against persons in which the death of the
victim is an element of an offense, there must be
satisfactory evidence of (1) the fact of death and (2) the
identity of the victim.
When there is no way of determining how the attack was
committed, treachery cannot be considered and the
accused is guilty of homicide only (People vs. Dela Cruz,
G.R. No. 152176, October 1, 2003).
There is no such crime as frustrated homicide through
imprudence.
ARTICLE 250
PENALTY FOR FRUSTRATED PARRICIDE, MURDER,
OR HOMICIDE
Courts may impose a penalty two degrees lower for
frustrated parricide, murder or homicide.
Courts may impose a penalty three degrees lower for
attempted parricide, murder or homicide.
This provision is permissive, NOT MANDATORY.
An attempt on or conspiracy against the life of the Chief
Executive, member of his family, any member of his
cabinet or members of latter’s family is punishable by
death (PD 1110-A).
ARTICLE 251
DEATH CAUSED IN A TUMULTUOUS AFFRAY
Elements:
1. That there be several persons;
2. That they did not compose groups organized for the
common purpose of assaulting and attacking each
other reciprocally, otherwise, they may be held liable
as co-conspirators;
3. That these several persons quarreled and assaulted
one another in a confused and tumultuous manner;
4. That someone was killed in the course of the affray;
5. That it cannot be ascertained who actually killed the
deceased; and
6. That the person or persons who inflicted serious
physical injuries or who used violence can be
identified.
Persons liable:
1. The person or persons who inflicted the serious
physical injuries are liable.
2. If it is not known who inflicted the serious physical
153
injuries on the deceased – ALL the persons who used
violence upon the person of the victim are liable, but
with lesser liability.
Tumultuous affray
A melee or free-for-all, where several persons not
comprising definite or identifiable groups attack one
another in a confused and disorganized manner resulting
in the death or injury of one or some of them.
Tumultuous affray exists when at least four persons took
part.
When the quarrel is between a distinct group of
individuals, one of whom was sufficiently identified as the
principal author of the killing, as against a common,
particular victim, it is not a "tumultuous affray" within the
meaning of Art. 251 of the RPC (People vs. Unlagada,
G.R. No. 141080, September 17, 2002). In such a case,
the crime committed is homicide under Art. 249.
The victim may be a participant or non-participant
thereof.
ARTICLE 252
PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS
AFFRAY
Elements:
1. That there is a tumultuous affray as referred to in Art.
251;
2. That a participant or some participants thereof suffer
serious physical injuries or physical injuries of a less
serious nature only;
3. That the person responsible therefor cannot be
identified; and
4. That all those who appear to have used violence upon
the person of the offended party are known.
Injured/victim must be a participant in the affray.
Only those who used violence are punished, because if
the one who caused the physical injuries is known, he
will be liable for the physical injuries actually committed,
and not under this article.
ARTICLE 253
GIVING ASSISTANCE TO SUICIDE
Acts punished:
1. By assisting another to commit suicide, whether the
suicide is consummated or not.
2. By lending his assistance to another to commit suicide
to the extent of doing the killing himself.
A person who attempts to commit suicide is not criminally
liable even if an innocent third person or property is hurt
or damaged.
The penalty for giving assistance to suicide if the
offender is the father, mother, child or spouse of the one
committing suicide is the same since the law does not
distinguish.
Euthanasia or “Mercy-Killing”
Is a practice of painlessly putting to death a person
suffering from some incurable disease.
A doctor who resorted to euthanasia may be held liable
for murder under Art. 248 since euthanasia is not giving
assistance to suicide BUT doing the killing himself.
In euthanasia, the person killed does not want to die.
ARTICLE 254
DISCHARGE OF FIREARMS
Elements:
1. That the offender discharges a firearm against or at
another person; and
2. That the offender has no intention to kill that person.
It is not applicable to police officers in the performance of
their duties.
The PURPOSE of the offender is only to intimidate or
frighten the offended party.
If in the discharge of firearm, the offended party is hit and
wounded, there is a complex crime of discharge of
firearm with serious or less serious physical injuries; BUT
if only slight physical injuries were inflicted, there is no
complex crime (BUT two separate crimes) since such
physical injuries constitutes a light felony.
The crime is discharge of firearm even if the gun was not
pointed at the offended party when it was fired, as long
as it was initially aimed by the accused at or against the
offended party.
If the firearm was not aimed against or at another person,
the crime committed is alarms and scandals.
No offense for Illegal discharge of firearms through
imprudence.
SECTION TWO: INFANTICIDE AND ABORTION
ARTICLE 255
INFANTICIDE
Infanticide
It is the killing of any child less than three days of age,
whether the killer is the parent or grandparent, any other
relative of the child, or a stranger.
Elements:
1. That a child was killed;
2. That the deceased child was less than three days (72
hours) of age; and
3. That the accused killed the said child.
No crime of infanticide is committed if the child has been
dead or if, although born alive, it could not sustain an
independent life when it was killed.
Father or mother or other legitimate ascendant who kills
a child less than three days old shall suffer the penalty
for parricide.
Other person who kills or who cooperates with the
mother or maternal grandparent in killing a child less than
three days old will suffer the penalty for murder.
Only the mother and the maternal grandparents of the
child are entitled to the mitigating circumstance of
concealing the dishonor.
The delinquent mother who claims concealing dishonor
must be of good reputation and good morals.
Treachery is inherent in infanticide.
ARTICLE 256
INTENTIONAL ABORTION
Intentional abortion
Willful killing of the fetus in the uterus or the violent
expulsion of the fetus from the maternal womb which
results in the death of the fetus.
Ways of Committing Intentional Abortion:
1. By using any violence upon the person of the
pregnant woman;
2. By acting, without using violence and without the
consent of the woman (by administering drugs or
beverages upon such pregnant woman without her
consent; and
3. By acting, with the consent of the pregnant woman,
by administering drugs or beverages.
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Elements:
1. That there is a pregnant woman;
2. That violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts
upon such pregnant woman;
3. That as a result of the use of violence or drugs or
beverages upon her, or any other act of the accused,
the fetus dies, either in the womb or after having been
expelled therefrom; and
4. That the abortion is intended.
Person liable in Intentional Abortion:
1. The person who intentionally caused the abortion
under Art. 256.
2. The pregnant woman if she consented under Art. 258.
As long as the fetus dies as a result of the violence used
or the drugs administered, the crime of abortion exists,
even if the fetus is over or less than 6 months, or is full
term.
If the fetus could sustain an independent life (the fetus
must have had an intrauterine life of not less than 7
months) after its separation from the maternal womb, and
it is killed, the crime is infanticide, not abortion.
Fetus must die in consummated abortion. If it is
intentional abortion and the fetus does not die, it is
frustrated intentional abortion when all the acts of
execution have been performed by the offender.
If the abortion is not intended and the fetus does not die,
in spite of the violence intentionally exerted, the crime
may only be physical injuries. There is no crime of
frustrated unintentional abortion, in view of the lack of
intention to cause an abortion.
If there is no intention to cause abortion and no violence,
there is no abortion of any kind.
ARTICLE 257
UNINTENTIONAL ABORTION
Elements:
1. That there is a pregnant woman;
2. That violence is used upon such pregnant woman
without intending an abortion;
3. That the violence is intentionally exerted; and
4. That as a result of the violence, the fetus dies, either
in the womb or after having been expelled therefrom.
Violence refers to actual physical force.
CONFLICTING VIEWS: The offender must have known
155
of the woman’s pregnancy (People v. Carnaso, C.A., 61
OG 3623) However, in US v. Jeffrey (GR No. 5597,
March 5, 1910), it was ruled that knowledge of such
pregnancy was not necessary.
In the case of People vs. Salufrania (G.R. No. L-50884
March 30, 1988), the Supreme Court ruled that despite
knowledge of the accused of his wife’s pregnancy, the
intent to cause the abortion has not been sufficiently
established, thus, the accused is only liable for the
complex crime of parricide (for the death of wife) with
unintentional abortion (for the death of the fetus in the
mother’s womb).
If grave threats were made to cause abortion, a complex
crime of grave threats and intentional abortion is
committed. If light threats were made, two separate
crimes of light threats and intentional abortion are
committed.
There is a complex crime of homicide with unintentional
abortion (People v. Genoves, 33 O.G. 2201).
There is complex crime of parricide with abortion (People
v. Villanueva, G.R. No. 95851 March 1, 1995).
ARTICLE 258
ABORTION PRACTICED BY THE WOMAN HERSELF
OR HER PARENTS
Elements:
1. That there is a pregnant woman who has suffered an
abortion;
2. That the abortion is intended; and
3. That the abortion is caused by –
a. The pregnant woman herself;
b. Any other person, with her consent; or
c. Any of her parents, with her consent, for the
purpose of concealing her dishonor.
Under a and c above, the woman is liable under Art.
258; while the third person under b is liable under Art.
256.
If the purpose is other than to conceal the woman’s
dishonor, abortion by any of her parents falls under
Art. 256.
Liability of the pregnant woman is mitigated if her (not
including the maternal grandparents’) purpose is to
conceal her dishonor.
There is no mitigation for parents of the pregnant
woman even if the purpose is to conceal dishonor in
abortion, unlike in infanticide.
 ARTICLE 259
ABORTION PRACTICED BY A PHYSICIAN OR
MIDWIFE IN DISPENSING OF ABORTIVES
Elements:
1. That there is a pregnant woman who has suffered an
abortion;
2. That the abortion is intended;
3. That the offender, who must be a physician or
midwife, causes, or assists in causing the abortion;
and
4. That said physician or midwife takes advantage of his
or her scientific knowledge or skill.
The penalties provided for intentional abortion shall be
imposed in the maximum period upon the physician or
midwife. They are severely punished because they incur
a heavier guilt in making use of their knowledge for the
destruction of human life, where it should be used only
for its preservation.
If abortion was not intended or was a result of a mistake,
no crime is committed.
If the woman is not really pregnant, an impossible crime
is committed.
As to PHARMACISTS, the Elements are:
1. That the offender is a pharmacist;
2. That there is no proper prescription from a physician;
and
3. That the offender dispenses any abortive.
This crime is consummated by dispensing an abortive
without proper prescription from a physician. It is not
necessary that the abortive was actually used.
It is immaterial that the pharmacist knows that the
abortive would be used for abortion. Otherwise, he shall
be liable as an accomplice in the crime of abortion should
abortion result from the use thereof.
SECTION THREE: DUEL
ARTICLE 260
RESPONSIBILITY OF PARTICIPANTS
IN A DUEL
Acts punished:
1. By killing one’s adversary in a duel;
2. By inflicting upon such adversary physical injuries;
and
3. By making a combat although no physical injuries
have been inflicted.
Persons liable:
1. The person who killed or inflicted physical injuries
upon his adversary or both combatants in any other
case, as principals.
2. The seconds, as accomplices.
Duel
A formal or regular combat previously concerted between
two parties in the presence of two or more seconds of
lawful age on each side, who make the selection of arms
and fix all other conditions of the fight.
Seconds
The persons who make the selection of the arms and fix
the other conditions of the fight.
Self defense cannot be invoked if there was a pre-
concerted agreement to fight, but if the attack was made
by the accused against his opponent before the
appointed place and time, there is an unlawful
aggression, hence self-defense can be claimed.
If death results, penalty is the same as that for homicide.
ARTICLE 261
CHALLENGING TO A DUEL
Acts Punished:
1. By challenging another to a duel;
2. By inciting another to give or accept a challenge to a
duel; and
3. By scoffing or decrying another publicly for having
refused to accept a challenge to fight a duel.
Persons liable:
1. Challenger
2. Instigators
A challenge to fight, without contemplating a duel, is not
challenging to a duel. The person making the challenge
must have in mind a formal combat to be concerted
between him and the one challenged in the presence of
two or more seconds.
CHAPTER TWO: PHYSICAL INJURIES
(ARTS. 262-266)
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ARTICLE 262
MUTILATION
Two kinds:
1. By intentionally mutilating another by depriving him,
either totally or partially, of some essential organ for
reproduction (castration).
Elements:
a. That there be castration, that is, mutilation of
organs necessary for generation, such as penis or
ovarium; and
b. That the mutilation is caused purposely and
deliberately, that is, to deprive the offended party
of some essential organ for reproduction.
Note: Intentionally depriving the victim of the
reproductive organ does not necessarily involve the
cutting off of the organ or any part thereof. It suffices
that it is rendered useless.
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 the body
(mayhem).
The law looks NOT only to the result but also to the
intention or purpose of the act. Mutilation is always
intentional.
The intention of the offender to deprive the victim of
the body part whether by castration or mayhem is
essential and must thus exist in either case.
Cruelty, as understood in Art 14 (21), is inherent in
mutilation and, in fact, that is the only felony where
the said circumstance is an integral part and is
absorbed therein. If the victim dies, the crime is
murder qualified by cruelty, but the offender may still
claim and prove that he had no intention to commit so
grave a wrong.
ARTICLE 263
SERIOUS PHYSICAL INJURIES
How committed:
1. By wounding;
2. By beating;
3. By assaulting; or
4. By administering injurious substance.
157
Serious physical injuries
1. When the injured person becomes insane, imbecile,
impotent or blind in consequence of the physical
injuries inflicted;
Impotence
Means inability to copulate.
Blindness must be complete; it must be of both eyes.
2. When the injured person –
a. Loses the use of speech or the power to hear or to
smell, or loses an eye, a hand, a foot, an arm, or a
leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which he
was theretofore habitually engaged, in
consequence of the physical injuries inflicted.
Loss of power to hear must be of both ears; if one ear
only, such injury falls under paragraph
Loss of use of hand or incapacity for usual work must
be permanent.
3. When the person injured –
a. Becomes deformed, or
b. Loses any other member of his body, or
c. Loses the use thereof, or
d. Becomes ill or incapacitated for the performance of
the work in which he was habitually engaged for
more than 90 days, in consequence of the physical
injuries inflicted.
In paragraphs 2 and 3, the offended party must have
a vocation or work at the time of the injury.
4. When the injured person becomes ill or incapacitated
for labor for more than 30 days (but must not be more
than 90 days), as a result of the physical injuries
inflicted.
30 days < X ≤ 90 days
Paragraph 4 speaks of incapacity for any kind of
labor.
Note: Hospitalization for more than 30 days may
mean either illness or incapacity for labor for more
than 30 days.
This crime is considered a formal crime since it is
punished based on the gravity of the injuries inflicted.
What is penalized in the crime of injuries is the result.
Thus, it is always consummated and cannot be
committed in the attempted or frustrated stage.

If a robbery is committed and the injured person
suffers that enumerated under numbers 3 and 4, the
crime/s committed is/are:
a. Special complex crime of robbery with serious
physical injuries – if the injured person is not
responsible for the robbery.
b. Separate crimes of robbery and serious physical
injuries – if the injured person is a robber.
There must be NO INTENT TO KILL; otherwise, the
crime would be attempted or frustrated homicide,
parricide or murder, as the case maybe.
Where the category of the offense of serious physical
injuries depends on the period of illness or incapacity
for labor, there must be evidence of that length of that
period; otherwise, the offense shall only be slight
physical injuries.
Serious physical injuries may be committed by
reckless imprudence or by simple imprudence or
negligence under Art. 365 in relation to Art. 263.
Insanity
Means loss of reason or will; failure to determine right
from wrong; failure to perceive things as they are.
Lessening of efficiency due to injury is not incapacity.
Work
Includes studies or preparation for a profession.
Requisites of deformity:
1. Physical ugliness;
2. Permanent and definite abnormality; and
3. Must be conspicuous and visible.
The injury to cause deformity is one that cannot be
replaced by nature.
A scar produced by an injury constitutes deformity
within the meaning of paragraph 3 of this article.
Attempted or
Physical Injuries
Frustrated Homicide
The offender inflicts Attempted homicide
physical injuries. may be committed, even
if no physical injuries are
inflicted.
Attempted or
Physical Injuries
Frustrated Homicide
Offender has no intent to The offender has an
kill the offended party. intent to kill the offended
party.
Qualifying Circumstances:
1. Offense committed against persons enumerated in
the crime of parricide.
2. With the attendance of circumstance which qualifies
the crime to murder.
HOWEVER, the “qualified penalties” are NOT applicable
to parents who inflict serious physical injuries upon their
children by excessive chastisement.
ARTICLE 264
ADMINISTERING INJURIOUS
SUBSTANCE OR BEVERAGES
Elements:
1. That the offender inflicted upon another any serious
physical injury;
2. That it was done by knowingly administering to him
any injurious substances or beverages or by taking
advantage of his weakness of mind or credulity; and
3. That he had no intent to kill.
It is frustrated murder if there was intent to kill.
“Administering injurious substance”
Means introducing into the body the substance.
If the accused did not know of the injurious nature of the
substances he administered, he shall not be liable under
this Aricle.
Art. 264 does not apply when the physical injuries that
result are less serious or light, they will be treated under
Art. 265 or 266, as the case may be.
ARTICLE 265
LESS SERIOUS PHYSICAL INJURIES
Elements:
1. The offended party is incapacitated for labor for 10
days or more but not more than 30 days, or needs
medical attendance for the same period; and
10 days ≤ X ≤ 30 days
2. The physical injuries must not be those described in
the preceding articles.
Qualified Less Serious Physical Injuries:
1. A fine not exceeding P500, in addition to arresto
158 | C r i m i n a l L a w
 mayor, shall be imposed for less serious physical If physical injuries were inflicted with an intent to insult or
injuries when: humiliate the injured person, the intent to insult or
a. There is manifest intent to insult or offend the humiliate shall be:
injured person; or
b. There are circumstances adding ignominy to the Considered as an aggravating circumstance of ignominy
offense. in case of serious physical injuries.
2. A higher penalty is imposed when the victim is either:
a. The offender’s parent, ascendant, guardian, curator Considered in increasing the penalty and qualifying the
or teacher; or crime in case of less serious physical injuries.
b. Persons of rank or persons in authority, provided
the crime is not direct assault. Separate crime of slander by deed in case of slight
physical injuries.
The law includes 2 subdivisions, to wit:
1. The inability for work; and Physical Injuries Mutilation
2. The necessity for medical attendance No SPECIAL There is a SPECIAL
INTENTION to clip INTENTION to clip off
Therefore, although the wound required medical off some part of the some part of the body so
attendance for only 2 days, yet, if the injured party was body so as to deprive as to deprive him of such
prevented from attending to his ordinary labor for a he offended party of part.
period of 29 days, the physical injuries sustained are such part.
denominated as less serious.
ANTI-HAZING LAW
In the absence of proof as to the period of the offended
(R.A. No. 8049)
party’s incapacity for labor or of required medical
attendance, offense committed is only slight physical
Hazing
injuries.
It is an initiation rite or practice as a prerequisite for
admission into membership in a fraternity, sorority or
There must be proof as to the period of the required
organization by placing the recruit, neophyte or applicant
medical attendance (People v. Penesa, 81 Phil. 398,
in some embarrassing or humiliating situations such as
Aug. 19, 1948).
forcing him to do menial, silly, foolish, and similar
ARTICLE 266 activities or otherwise subjecting him to physical or
SLIGHT PHYSICAL INJURIES psychological suffering or injury.
AND MALTREATMENT
Allowed Initiation Rites (Section 2)
Kinds: Those that have prior written notice to the school
1. Physical injuries which incapacitated the offended authorities or head of organization 7 days before the
party for labor from one to nine days, or required conduct of such initiation. The written notice shall contain
medical attendance during the same period; the following:
2. Physical injuries which did not prevent the offended 1. Period of the initiation activities which shall not exceed
party from engaging in his habitual work or which did 3 days.
not require medical attendance; and 2. Names of those to be subjected to such activities.
3. Ill-treatment of another by deed without causing any 3. Undertaking that no physical violence be employed by
injury. anybody.
Example: Any physical violence which does not
produce injury, such as slapping the face of the What acts are punishable: All acts so long as it caused
offended party, without causing a dishonor. physical injuries at the very least.

When there is no evidence of actual injury, it is only slight Persons liable:

physical injuries.
Supervening event converting the crime into serious
physical injuries after the filing of the information for slight
physical injuries can still be the subject of a new charge.
1. Officers and members of the fraternity, sorority or
organization who actually participated in the infliction of
physical harm shall be liable as principals – if the
person subjected to hazing suffers any physical injury
or dies as a result thereof.
2. Owner of the place where the hazing is conducted

159
 shall be liable as an accomplice – when he has actual
knowledge of the hazing conducted therein but failed
to take any action to prevent the same from occurring.
3. Parents shall be liable as principals – when they have
actual knowledge of the hazing conducted in the home
of one of the officers or members of the fraternity,
sorority or organization, but failed to prevent the same.
4. School authorities and faculty members shall be liable
as accomplices – when they consent to the hazing or
have actual knowledge thereof, but failed to take any
action to prevent the same from occurring.
5. Officers, former officers or alumni of the organization,
group, fraternity or sorority shall be liable as principals
– if they actually planned the hazing, although not
present when the acts constituting the hazing were
committed.
6. Officers or members of the organization, group,
fraternity or sorority shall be liable as principals – if
they knowingly cooperated in carrying out the hazing
by inducing the victim to be present thereat.
7. The fraternity or sorority’s adviser shall be liable as
principal - if he was present when the acts constituting
the hazing were committed and failed to take any
action to prevent the same.
The presence of “any person” (i.e. whether or not
member of the fraternity/sorority) during the hazing is
prima facie evidence of participation therein as a
principal UNLESS he prevented the commission of the
prohibited acts.
The mitigating circumstance that there was no intention
to commit so grave a wrong shall NOT APPLY (Sec. 4,
par. e, R.A. No. 8049).
REPUBLIC ACT NO. 9262
ANTI-VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN ACT OF 2004
Violence against women and their children refers to
any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against
a woman with whom the person has or had a sexual or
dating relationship, or with whom he has a common child,
or against her child whether legitimate or illegitimate,
within or without the family abode, which result in or is
likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such
acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited to, the
following acts:
1. "Physical Violence" refers to acts that include bodily
or physical harm;
2. "Sexual violence" refers to an act which is sexual in
nature, committed against a woman or her child. It
includes, but is not limited to:
a. rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object,
making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of
the victim's body, forcing her/him to watch
obscene publications and indecent shows or
forcing the woman or her child to do indecent acts
and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;
b. acts causing or attempting to cause the victim to
engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical
or other harm or coercion;
c. Prostituting the woman or child.
3. "Psychological violence" refers to acts or omissions
causing or likely to cause mental or emotional
suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes causing
or allowing the victim to witness the physical, sexual
or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography
in any form or to witness abusive injury to pets or to
unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.
4. "Economic abuse" refers to acts that make or attempt
to make a woman financially dependent which
includes, but is not limited to the following:
a. withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73
of the Family Code;
b. deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment
of the conjugal, community or property owned in
common;
c. destroying household property;
d. controlling the victims' own money or properties or
solely controlling the conjugal money or properties
(Sec 3).
Punishable Acts
The crime of violence against women and their children
is committed through any of the following acts:
1. Causing physical harm to the woman or her child;
160 | C r i m i n a l L a w
2. Threatening to cause the woman or her child physical
harm;
3. Attempting to cause the woman or her child physical
harm;
4. Placing the woman or her child in fear of imminent
physical harm;
5. Attempting to compel or compelling the woman or her
child to engage in conduct which the woman or her
child has the right to desist from or desist from
conduct which the woman or her child has the right to
engage in, or attempting to restrict or restricting the
woman's or her child's freedom of movement or
conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or
intimidation directed against the woman or child. This
shall include, but not limited to, the following acts
committed with the purpose or effect of controlling or
restricting the woman's or her child's movement or
conduct:
a. Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
b. Depriving or threatening to deprive the woman or
her children of financial support legally due her or
her family, or deliberately providing the woman's
children insufficient financial support;
c. Depriving or threatening to deprive the woman or
her child of a legal right;
d. Preventing the woman in engaging in any
legitimate profession, occupation, business or
activity or controlling the victim's own mon4ey or
properties, or solely controlling the conjugal or
common money, or properties;
6. Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;
7. Causing or attempting to cause the woman or her
child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical
harm, or through intimidation directed against the
woman or her child or her/his immediate family;
8. Engaging in purposeful, knowing, or reckless conduct,
personally or through another, that alarms or causes
substantial emotional or psychological distress to the
woman or her child. This shall include, but not be
limited to, the following acts:
a. Stalking or following the woman or her child in
public or private places;
b. Peering in the window or lingering outside the
residence of the woman or her child;
c. Entering or remaining in the dwelling or on the
property of the woman or her child against her/his
will;
d. Destroying the property and personal belongings
or inflicting harm to animals or pets of the woman
or her child; and
161
e. Engaging in any form of harassment or violence;
9. Causing mental or emotional anguish, public ridicule
or humiliation to the woman or her child, including, but
not limited to, repeated verbal and emotional abuse,
and denial of financial support or custody of minor
children of access to the woman's child/children
(Sec.5).
CHAPTER THREE: RAPE
(ARTS. 266-A – 266-D)
ARTICLE 266-A
THE ANTI-RAPE LAW (RA 8353)
Classification of Rape
1. Traditional Rape under Art. 335 – carnal knowledge
of a woman against her will; in this case, the offender
is always a man and the offended party is always a
woman.
2. Sexual Assault under R.A. 8353 – this is committed
when the offender inserts his penis to another person’s
mouth or anal orifice or by inserting an instrument or
object into the genital or anal orifice of another person.
The offender and the offended party can either be a
man or a woman in the case of the insertion of any
instrument or object.
How rape is committed:
1. By a man who shall have carnal knowledge of a
woman under any of the following circumstances:
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or
otherwise unconscious;
c. By means of fraudulent machinations or grave
abuse of authority;
d. When the offended party is under twelve (12) years
of age or is demented, even though none of the
circumstances mentioned above be present.
Elements:
a. That the offender is a man;
b. That the offender had carnal knowledge of a
woman; and
c. That such act is accomplished under any of the
following circumstances:
i. By using force, threat or intimidation; or
ii. When the woman is deprived of reason or
otherwise unconscious; or
iii. By means of fraudulent machination or grave
abuse of authority; or
iv. When the woman is under 12 years of age or
demented.
Notes: The offender must not have known that the
victim is demented, otherwise qualified rape is
committed.

Circumstance (iv) does not only pertain to
chronological age but also to mental age (People vs.
Atento, G.R. No. 84728 April 26, 1991).
2. By any person who, under any of the circumstances
mentioned in paragraph 1, 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.
Elements:
a. That the offender commits an act of sexual
assault;
b. That the act of sexual assault is committed by any
of the following means:
i. By inserting his penis into another person’s
mouth or anal orifice; or
ii. By inserting any instrument or object into the
genital or anal orifice of another person.
c. That the act of sexual assault is accomplished
under any of the circumstances enumerated under
the first act of committing rape.
Under R.A. 8353, the crime of rape can now be
committed by a male or a female.
To be CONSUMMATED, it is not essential that there be
a complete penetration of the female organ, neither is it
essential that there be a rupture of the hymen.
However, there must be sufficient and convincing proof
that the penis indeed touched the labias or slid into the
female organ, and not merely stroked the external
surface thereof, for the accused to be convicted of
consummated rape. Absent of any showing of the
slightest penetration of the female organ, it can only be
attempted rape, if not acts of lasciviousness (People vs.
Campuhan, G.R. No. 129433, March 30, 2000).
For a charge for rape by sexual assault with the use of
one’s fingers or any other object to be consummated,
there should be evidence of at least the slightest
penetration of the sexual organ and not merely a brush
or graze of its surface (People v. Dela Cruz, GR No.
180501, December 24, 2008).
There is NO crime of FRUSTRATED RAPE. The
slightest penetration or mere touching of the genitals
consummates the crime of rape.
There is ATTEMPTED RAPE when there is no
penetration of the female organ because not all the acts
of execution were performed. However, there must be an
intention to have carnal knowledge of the woman against
her will.
Acknowledgment of the consummated act is not
considered giving of consent.
In Statutory Rape (when the girl is under 12 years of
age), the offender’s knowledge of the victim’s age is
IMMATERIAL.
When the girl is under 12 years of age, rape is committed
although she consented to the sexual act or even if the
girl is a prostitute. The law does not consider that kind of
consent as voluntary, as the offended party under 12
years of age cannot have a will of her own.
If the offended woman is below 12 years of age, it is
always rape. Her mental, and not only the chronological
age is considered. Thus, it is still rape if the woman is 13
years old with a mental capacity of a 5 year old.
Furthermore, the amendatory law has added the more
glaring and unfortunate situation of a demented girl.
Example: 31 year old mental retardate with the mental
capacity of a 5-year-old (People vs. Manlapaz, G.R. No.
L-41819, Feb. 28, 1978).
Force employed against the victim of rape need not be of
such character as could not be resisted. It is enough that
the force used is sufficient to consummate the culprit’s
purpose of copulating with the victim.
The test is whether the threat or intimidation produces a
reasonable fear in the mind of victim that if she resists or
does not yield to the desires of thee accused, the threat
would be carried out.
If the woman contributed in some way to the
consummation of the act, this may constitute an offense
other than rape.
Intimidation
Includes the moral kind; Intimidation must be viewed in
light of the victim’s perception and judgment at the time
of rape and not by any hard and fast rule.
Having sex with a deaf-mute is not rape in the absence
of proof that she is imbecile.
There is NO crime of rape if liquor or drug is used to
induce the victim’s consent so as to incite her passion
and it did not deprive her of her will power.
Moral ascendancy or influence exercised by the accused
over the victim substitutes for the element of physical
force or intimidation in cases of rape.
162 | C r i m i n a l L a w

Rape Shield Rule – Character of the woman is
immaterial in rape. It is no defense that the woman is of
unchaste character, provided the illicit relations were
committed with force and violence, etc.
Rape may be committed using the fingers under the
second act, but the ‘instrument or object’ other than the
penis must be inserted into the genital or anal orifice of
another person (Obaña v. Hon. Soriano, G.R. No. 60353.
Aug. 21, 2001).
ARTICLE 266-B
QUALIFIED RAPE
Rape under both acts of committing it is qualified by
the following:
1. When rape is committed with the use of a deadly
weapon or by two or more persons;
2. When by reason or occasion of rape, the victim has
become insane;
3. When the rape is attempted and a homicide is
committed by reason of or on the occasion of rape
(special complex crime);
4. When by reason of or on occasion of rape, homicide is
committed (special complex crime);
5. When the victim is under 18 years of age and the
offender is a parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within the third civil
degree, or the common law spouse of the parent of the
victim;
The statement that the victim “is the minor daughter” of
the offender is not enough. It is essential that the
information must state the exact age of the victim at
the time of the commission of the crime (People v.
Baniguid, G.R. No. 137714, Sept. 8, 2000).
The relationship of stepdaughter and stepfather
presupposes a legitimate relationship between the
victim’s mother and the offender, i.e., they were
married after the marriage of the victim’s mother to her
father was dissolved (People vs. Melendres, G.R.
133999-4001, Aug. 31, 2000).
When the victim is under the custody of the police or
military authorities or any law enforcement or penal
institution;
6. 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;
7. 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
163
commission of the crime;
8. When the victim is a child below 7 years old;
9. When the offender knows that he is afflicted with
HIV/AIDS or any other sexually transmissible disease
and the virus or disease is transmitted to the victim;
10. When committed by any member of the AFP or para-
military units thereof of the PNP or any law
enforcement agency or penal institution, when the
offender took advantage of his position to facilitate the
commission of the crime;
11. When by reason or on the occasion of the rape, the
victim has suffered permanent physical mutilation or
disability;
12. When the offender knew of the pregnancy of the
offended party at the time of the commission of the
crime;
13. When the offender knew of the mental disability,
emotional disorder and/or physical disability of the
offended party at the time of the commission of the
crime.
Rape with homicide is a special complex crime, but when
homicide is committed NOT by reason or on the occasion
of rape, there is no special complex crime of rape with
homicide.
ARTICLE 266-C
EFFECT OF PARDON
Effects of pardon:
1. The subsequent valid marriage between the offender
and the offended party shall extinguish:
a. The criminal action or
b. The penalty already imposed.
2. The subsequent forgiveness of the wife to the legal
husband shall extinguish the criminal action or the
penalty, PROVIDED that the crime shall not be
extinguished or the penalty shall not be abated if the
marriage is void ab initio. This is an exception to the
rule that forgiveness by the offended party shall not
extinguish the penal action in crimes against persons.
Since rape is now a crime against persons, marriage
extinguishes the penal action only as to the principal, i.e.
the husband, but not as to the accomplices and
accessories.
The principle does not apply where MULTIPLE RAPE
was committed because while marriage with one
defendant extinguishes the criminal liability, its benefits
cannot be extended to the acts committed by the others
of which he is a co-principal.
Prior to RA No. 8353, a husband cannot be guilty of rape
committed upon his wife because of the matrimonial
consent which she gave when she assumed the
marriage relation. However, under Art 266-C of RA No.
8353, a husband may be guilty of rape of his wife if it is
the legal husband who is the offender.
ARTICLE 266-D
PRESUMPTIONS
Evidence which may be accepted in the prosecution
of rape:
1. Any physical overt act manifesting resistance against
the act of rape in any degree from the offended party;
or
2. Where the offended party is so situated as to render
him/her incapable of giving his/her consent.
TITLE NINE: CRIMES AGAINST
PERSONAL LIBERTY AND SECURITY
SECTION ONE: ILLEGAL DETENTION
ARTICLE 267
KIDNAPPING AND SERIOUS
ILLEGAL DETENTION
Elements:
1. That the offender is a private individual who is not any
of the parents of the victim nor a female; (People vs.
Ponce, G.R. No. 171653, April 24, 2007);
2. That he kidnaps or detains another, or in any other
manner deprives the latter of his liberty;
3. That the act of detention or kidnapping must be
illegal; and
The detention is illegal when not ordered by
competent authority or not permitted by law.
4. That in the commission of the offense, any of the
following circumstances is present:
a. That the kidnapping or detention lasts for more than
3 days; or
b. That it is committed simulating public authority; or
c. That any serious physical injuries are inflicted upon
the person kidnapped or detained or threats to kill
him are made; or
d. That the person kidnapped or detained is a minor,
female, or a public officer (People vs. Mercado,
G.R. No. L-65152, August 30, 1984).
It is NOT necessary that the victim be placed in an
enclosure. It may consist not only in placing a person in
an enclosure but also in detaining him or depriving him in
any manner of his liberty, as long as the victim is
detained or deprived in any manner of his liberty.
The original Spanish version of Art. 267 of the RPC used
the term "lock up" (encarcerar) rather than "kidnap"
(sequestrator or raptor) which "includes not only the
imprisonment of a person but also the deprivation of his
liberty in whatever form and for whatever length of time"
(People v. Baldogo, G.R. Nos. 128106-07, January 24,
2003).
The crime is committed when the offender left the child in
the house of another, where the child had freedom of
locomotion but not the freedom to leave it at will because
of his tender age (People v. Acosta, 60 O.G. 6999).
When Death Penalty is imposed
1. If the purpose is to extort ransom;
Ransom
It is the money, price, or consideration paid or
demanded for redemption of a captured person or
persons, a payment that releases from captivity.
2. When the victim is killed or dies as a consequence of
the detention;
3. When the victim is raped; or
4. When the victim is subjected to torture or
dehumanizing acts.
The essence of the crime of kidnapping is the actual
deprivation of the victim’s liberty coupled with the intent
of the accused to effect it (People v. Pavillare G.R. No.
129970, April 5, 2000).
If the person killed, tortured or raped is not the same
victim of kidnapping or detention, the crimes may be
complexed or considered as separate offenses.
The essential element or act which makes the offense
kidnapping is the deprivation of an offended party’s
liberty under any of the four circumstances enumerated.
But when the kidnapping or detention was committed for
the purpose of extorting ransom, it is not necessary that
one or any of such circumstances enumerated in the first
par. of Art. 267 be present. Actual demand for ransom is
NOT necessary.
Where the person kidnapped is killed in the course of the
detention, regardless of whether the killing was purposely
sought or was merely an afterthought, the kidnapping
and murder or homicide can no longer be complexed
under Art. 48 nor be treated as separate crimes but shall
be punished as a special complex crime under the last
paragraph of Art. 267, as amended by RA 7659.
164 | C r i m i n a l L a w
 Lewd design came after At the outset, there is
Regardless of the number of the victims killed, there is the intent to kidnap the already lewd design.
only one crime of special complex crime of kidnapping victim.
with homicide or murder, as the case may be. However, It is a special complex It is a complex crime
if the person killed is not the kidnap victim, it shall be crime. under Article 48 since
treated as a separate crime of homicide or murder, as forcible abduction is a
the case may be. necessary means of
committing the crime of
When the victim is a minor and the accused is any of the rape.
parents, the penalty is that provided for in Art. 271 par.2,
If there is an attempted If there is an attempted
RPC.
rape, it shall be rape, the crime
considered a separate committed is only
Where there is no showing that the accused intended to
crime. forcible abduction, the
deprive their victims of their liberty for some time and for
former being an
some purpose, and there being no appreciable interval
expression of the lewd
between their being taken and their being shot from
design.
which kidnapping may be inferred, the crimes committed
were murder and frustrated murder and not the complex If there are multiple If there are multiple
crimes of kidnapping with murder and kidnapping with rapes, there is only one rapes, only one is
frustrated murder. special complex crime complexed with forcible
of Kidnapping with abduction and the rest
If the primary and ultimate purpose of the accused is to Rape. shall be considered as
kill the victim, the incidental deprivation of the victim’s separate crimes.
liberty does not constitute the felony of kidnapping but is
merely a preparatory act to the killing, and hence, is ARTICLE 268
merged into, or absorbed by, the killing of the victim SLIGHT ILLEGAL DETENTION
(People v. Delim, G.R. No. 142773, Jan. 28, 2003).
Elements:
There is no kidnapping with murder, but only murder 1. That the offender is a private individual;
where a 3-year old child was gagged, hidden in a box 2. That he kidnaps or detains another, or in any manner
where he died and ransom asked. The demand for deprives him of his liberty;
ransom did not convert the offense into kidnapping with 3. That the act of kidnapping or detention is illegal; and
murder. The defendant was well aware that the child 4. That the crime is committed without the attendance of
would be suffocated to death in a few moments after she the circumstances enumerated in Art. 267.
left. The demand for ransom is only a part of the diabolic
scheme of the defendant to murder the child, to conceal Liability is mitigated when the following
his body and then demand money before the discovery circumstances concur:
of the cadaver (People vs. Lora, G.R. No.49430, March 1. Offender voluntarily releases the person so kidnapped
30, 1982). or detained within three days from the commencement
of the detention
2. Without having attained the purpose intended; and
Illegal Detention Arbitrary Detention
3. Before the institution of criminal proceedings against
Committed by a private Committed by a public him.
individual who officer or employee who
unlawfully kidnaps, detains a person without When the victim is female, the detention is under Art 267;
detains or otherwise legal ground. voluntary release is not mitigating there.
deprives a person of
liberty. Liability of accomplice in Slight Illegal Detention
Crime is against Crime against the The same penalty of reclusion temporal shall be incurred
personal liberty and fundamental laws of the by anyone who shall furnish the place for the perpetration
security. State. of the crime. His participation is raised to that of a real
co-principal. If the crime is under Article 267, he is a
Kidnapping with Rape Forcible Abduction mere accomplice unless there was conspiracy.
with Rape

165
 ARTICLE 269 only arresto mayor.
UNLAWFUL ARREST
Kidnapping and failure to return a minor (Art. 270) is
Elements: necessarily included in Kidnapping and Serious Illegal
1. That the offender arrests or detains another person; Detention of Minor (Par. 4 of Art. 267), but what
2. That the purpose of the offender is to deliver him to the differentiates them are the following:
proper authorities; and
3. That the arrest or detention is unauthorized by law or Kidnapping and Kidnapping and
there is no reasonable ground therefor. Serious Illegal Failure to Return a
Detention of Minors Minor
The offender is any person, whether a public officer or a
private individual. However, the public officer must not be Offender is not Offender is entrusted
vested with the authority to arrest or detain a person or entrusted with the with the custody of the
must not act in his official capacity. Otherwise, Art. 124 is custody of the victim. minor.
applicable and not Art. 269. What is punished is What is punished is
the Illegal detaining or the deliberate failure of
Unlawful Arrest Other Illegal Detention kidnapping of the the offender having the
minor. custody of the minor to
Purpose of locking up restore him to his
or detaining the victim is parents or guardian.
to deliver him to the Any other case.
proper authorities, and ARTICLE 271
develops to be unlawful. INDUCING A MINOR TO ABANDON
HIS HOME
No period of detention is fixed by law under Art. 269 but
the motive of the offender is controlling. Elements:
1. That a minor (less than 18 years old) is living in the
home of his parents or guardian or the person
Delay in the Delivery of Unlawful Arrest
entrusted with his custody; and
Detained Persons
2. That the offender induces said minor to abandon such
Detention is for some legal Detention is not home.
ground authorized by law
Inducement must be (a) actual, (b) committed with
Committed by criminal intent and (c) determined by a will to cause
Committed by failing to
making an arrest damage.
deliver such person to the
not authorized by
proper judicial authority
law The crime committed may be exploitation of minors
within a certain period
depending on the purpose of the inducement.

SECTION TWO: KIDNAPPING OF MINORS
ARTICLE 270
KIDNAPPING & FAILURE TO RETURN A MINOR
Elements: (EF)
1. That the offender is entrusted with the custody of a
minor person (less than 18 years old); – this is the
essential element
2. That he deliberately fails to restore the said minor to
his parents or guardian;
This may also be committed by the mother or father of
the child. When committed by either parent, penalty is
“To induce”
Means to influence; to prevail on; to move by persuasion;
or to incite by motives.
Father or mother may commit crimes under Arts. 270 &
271 – where they are living separately and the custody of
the minor children has been given to one of them.
It is not necessary that the minor actually abandons the
home.
The minor should not leave his home on his own free will
(People v. Ricarte C.A. 49 O.G. 974).

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 Note: Creditor-Debtor relationship between the offender
and the offended party must exist, otherwise, the crime
committed is coercion.

There is no violation of this article if a debtor is compelled

SECTION THREE: to work as an office janitor because this article
SLAVERY AND SERVITUDE specifically provides that the debtor is compelled to work
as a household servant or farm laborer (Reyes, The
ARTICLE 272 Revised Penal Code Book II, 17th ed., 2008 p. 597).
SLAVERY
Services Rendered
Elements: Exploitation of Child
under Compulsion in
1. That the offender purchases, sells, kidnaps or detains Labor
Payment of Debt
a human being; and
2. That the purpose of the offender is to enslave such Victim is a minor Does not distinguish
human being. whether the victim is a
minor or not
Qualifying circumstance: When the purpose of the Minor is compelled to Debtor himself is the
offender is to assign the offended party to some immoral render services for the one compelled to work
traffic. supposed debt of his for the offender.
parent or guardian.
If the victim is female, the crime committed may be that
under Art. 341 or white slave trade. Service of minor is not Limited to household
limited to household and farm work.
The purpose must be determined, if the purpose is to and farm work.
enslave the victim, it is slavery; otherwise, it is If in other capacities,
kidnapping or illegal detention. crime committed may
be coercion.
ARTICLE 273
EXPLOITATION OF CHILD LABOR
CHAPTER TWO: CRIMES AGAINST
Elements: SECURITY
1. That the offender retains a minor in his service; (ARTS. 275-289)
2. That it is against the will of the minor; and
3. That it is under pretext of reimbursing himself of a SECTION ONE: ABANDONMENT OF HELPLESS
debt incurred by an ascendant, guardian or person PERSONS AND EXPLOITATION OF MINORS
entrusted with the custody of such minor.
ARTICLE 275
Note the phrase “against the (minor’s) latter’s will”; ABANDONMENT OF PERSONS IN DANGER AND
hence, if the minor consents to the offender’s retaining ABANDONMENT OF ONE’S OWN VICTIM
his services, there is no violation of this article.
Acts punished:
ARTICLE 274 1. By failing to render assistance to any person whom
SERVICES RENDERED UNDER the offender finds in an uninhabited place wounded or
COMPULSION IN PAYMENT OF DEBT in danger of dying when he can render such
assistance without detriment to himself, unless such
Elements: omission shall constitute a more serious offense.
1. That the offender compels a debtor to work for him,
either as household servant or farm laborer; Elements:
2. That it is against the debtor’s will; and a. The place is uninhabited;
3. That the purpose is to require or enforce the payment b. The accused found there a person wounded or in
of a debt. danger of dying;
c. The accused can render assistance without
detriment to himself; and
d. The accused fails to render assistance.

167
2. By failing to help or render assistance to another
whom the offender has accidentally wounded or
injured.
3. By failing to deliver a child under seven years of age
whom the offender has found abandoned, to the
authorities or to his family, or by failing to take him to
a safe place.
Uninhabited place
It is determined by possibility of person receiving
assistance from another. The place may still be
considered uninhabited in legal contemplation even if
there are many houses around but the possibility of
receiving assistance is remote.
The child under seven years of age must be found in an
unsafe place.
It is immaterial that the offender did not know that the
child is under seven years.
ARTICLE 276
ABANDONING A MINOR
Elements:
1. That the offender has the custody of a child;
2. That the child is under seven years of age;
3. That he abandons such child; and
4. That he has no intent to kill the child when the latter is
abandoned.
If there is intent to kill and the child dies, the crime would
be murder, parricide, or infanticide, as the case may be.
If the child does not die, it is attempted or frustrated
murder, parricide or infanticide, as the case may be.
Intent to kill cannot be presumed from the death of the
child. The ruling that intent to kill is conclusively
presumed from the death of the victim of the crime is
applicable only to crimes against persons, and not to
crimes against security, particularly the crime of
abandoning a minor under Art. 176.
If the intent in abandoning the child is to lose its civil
status, the crime under Art. 347 (concealment or
abandonment of a legitimate child) is committed.
Circumstances Qualifying the Offense:
1. When the death of the minor resulted from such
abandonment; or
2. If the life of the minor was in danger because of the
abandonment.
The act must be conscious and deliberate such that the
abandonment deprives the child of the care and
protection from danger to his person.
ARTICLE 277
ABANDONMENT OF MINOR ENTRUSTED WITH HIS
CUSTODY;
INDIFFERENCE OF PARENTS
Acts punished:
1. By delivering a minor to a public institution or other
persons without the consent of the one who entrusted
such minor to the care of the offender or, in the
absence of that one, without the consent of the proper
authorities.
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 and;
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.
2. By neglecting his (offender’s) children by not giving
them the education which their station in life requires
and financial condition permits.
Elements of 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.
Failure to give education must be due to deliberate
desire to evade such obligation.
The "neglect of child" punished under Art. 59(4) of PD
603 is also a crime (known as "indifference of parents")
penalized under the second paragraph of Art. 277 of the
RPC (De Guzman v. Perez, et al. G.R. No. 156013, July
25, 2006). The detention is illegal when not ordered by
competent authority or not permitted by law.
168 | C r i m i n a l L a w
 Abandonment of Inducing A Minor to
Exploitation of Minors
Minor by Persons Abandonment of Abandon his Home
(Art 278, par. 5)
Entrusted with Minor (Art. 271)
Custody
The purpose of No such purpose.
inducing the minor to
The custody of the The custody of the abandon the home is to
offender is specific, that offender is stated in follow any person
is, the custody for the general. engaged in any of the
rearing or education of callings mentioned.
the minor.
Victim is under 16 years Victim is a minor
Minor is under 18 years Minor is under 7 years of age. (under 18 years of
of age. of age. age).
Minor is delivered to a Minor is abandoned in
public institution or such a way as to R.A. 7610 punishes abuse, exploitation and
other person. deprive him of the care discrimination of minors
and protection that his
tender years need. ARTICLE 279
ADDITIONAL PENALTIES FOR
OTHER OFFENSES
ARTICLE 278
EXPLOITATION OF MINORS
Imposition of the penalties prescribed in the preceding
Acts Punished: articles (Art 275-278) shall not prevent the imposition
1. Causing any boy or girl under 16 years of age to upon the same person of the penalty provided for any
perform any dangerous feat of balancing, physical other felonies defined and punished under the RPC.
strength, or contortion, the offender being any person.
2. Employing children under 16 years of age who are not SECTION TWO: TRESPASS TO DWELLING
children or descendants of the offender in exhibitions
ARTICLE 280
of acrobat, gymnast, rope-walker, diver, or wild
QUALIFIED TRESPASS TO DWELLING
animal tamer, the offender being an acrobat, etc., or
circus manager or engaged in a similar calling.
Elements:
3. Employing any descendant under 12 years of age in
1. That the offender is a private person;
dangerous exhibitions enumerated in the next
2. That he enters the dwelling of another;
preceding paragraph, the offender being engaged in
3. That such entrance is against the will of the owner or
any of said callings.
occupant.
4. Delivering a child under 16 years of age gratuitously
to any person following any calling enumerated in
Rationale: To protect and preserve by law the privacy of
paragraph two, or to any habitual vagrant or beggar,
one’s dwelling.
the offender being an ascendant, guardian, teacher,
or person entrusted in any capacity with the care of
Qualifying Circumstance: If committed by means of
such child.
violence/intimidation.
5. Inducing any child under 16 years of age to abandon
the home of its ascendants, guardians, curators or
teachers to follow any person engaged in any calling Simple Trespass to Qualified Trespass to
mentioned in paragraph two, or to accompany any Dwelling Dwelling
habitual vagrant or beggar, the offender being any Offender enters the Offender enters the
person. dwelling of another and dwelling of another
the entrance is against against the latter’s will
Must be of such nature as to endanger the life or safety the latter’s will. and the offense is
of the minor. committed by means of
violence or intimidation.
Qualifying Circumstance: Delivery of the child is made
in consideration of any price, compensation or promise. Dwelling place

169
Means any building or structure exclusively devoted for
rest and comfort. It is not necessary that it be the
permanent dwelling of the person.
Determining factor of whether a building is a dwelling
depends upon the use to which it is put.
In general, all members of a household must be
presumed to have authority to extend an invitation to
enter the house.
To commit trespass, the entrance by the accused should
be against the presumed/implied or express prohibition of
the occupant. Lack of permission does not amount to
prohibition.
Cases to which the provision of this article is NOT
applicable:
1. If the entrance to another’s dwelling is made for the
purpose of preventing some serious harm to himself,
the occupants of the dwelling or a third person.
2. If the purpose is to render some service to humanity or
justice.
3. If the place where entrance is made is a café, tavern,
inn and other public house, while the same are open.
Note: A person who believes that a crime has been
committed against him has every right to go after the
culprit and arrest him without any warrant even if in the
process he enters the house of another against the
latter’s will. (Sec. 6, Rule 113, Rules of Court)

There is an implied prohibition when entrance is made ARTICLE 281

through means not intended for ingress. OTHER FORMS OF TRESPASS

Rule: Whoever enters the dwelling of another at late Elements:

hour of the night after the inmates have retired and 1. That the offender enters the closed premises or the
closed their doors does so against their will. Prohibition in fenced estate of another;
this case is presumed. 2. That the entrance is made while either of them is
uninhabited;
If a person was killed after trespass by the offender, the 3. That the prohibition to enter be manifest; and
following crimes are committed: 4. That the trespasser has not secured the permission of
a. If there was no intent to kill when he entered – the owner or the caretaker thereof.
separate crimes of homicide or murder and qualified
trespass to dwelling. Qualified
b. If there was intent to kill when he entered – the crime Other Forms of
Trespass to
of homicide/murder with dwelling as an aggravating Trespass
Dwelling
circumstance.

Prohibition must be in existence prior to or at the time of Offender is a private The offender is any
entrance. person. person.
Offender enters a Offender enters closed
Prohibition is not necessary when violence or intimidation dwelling house. premises or fenced
is employed by the offender (qualified trespass). estate.

Violence/Intimidation may be the method by which one Place entered is Place entered is
may pass the threshold of the dwelling of another or the inhabited. uninhabited.
conduct immediately after the entrance of the offender. Act constituting the It is the entering the
crime is entering the closed premises or the
Ordinarily, all trespassers have intention to commit dwelling against the will fenced estate without
another crime HOWEVER, if there is no overt act of of the owner. securing the
crime intended to be done, what is committed is trespass permission of the
to dwelling. owner or caretaker
thereof.
Trespass may be committed by the owner of a dwelling
(i.e. lessor enters the house leased to another against Prohibition to enter is Prohibition to enter
the latter's will). express or implied. must be manifest.

If the offender is a public officer or employee, the crime Premises

committed is violation of domicile.

170 | C r i m i n a l L a w
Signifies distinct and definite locality. It may mean a
room, shop, building or definite area, but in either case, Grave Threats Light Threats
locality is fixed.
Act threatened Act threatened does
SECTION THREE: amounts to a crime. not amount to a crime.
THREATS AND COERCION
Threats Coercion
ARTICLE 282
GRAVE THREATS Intimidation is Intimidation or Violence
essential. is the essence of the
Acts punished: crime.
1. By threatening another with the infliction upon his
Intimidation is future Force or Violence must
person, honor, or property or that of his family of any
and conditional. be imminent, actual
wrong amounting to a crime and demanding money
and immediate.
or imposing any other condition even though not
unlawful, and the offender attained his purpose. (with Intimidation is directed Intimidation is directed
condition) against the victim or his against the victim only.
family.
Elements of Grave Threats where the offender
attained his purpose: Qualifying Circumstance: If threat was made in writing
a. That the offender threatens another person with or through a middleman.
the infliction upon the latter’s person, honor or
property, or upon that of the latter’s family, of any Intimidation (promise of future harm or injury) is the
wrong; essence of the crime.
b. That such wrong amounts to a crime;
c. That there is a demand for money or that any other The crime of threats is consummated the moment the
condition is imposed, even though not unlawful; threat comes to the knowledge of the person threatened.
and
d. That the offender attains his purpose. Threats made in connection with the commission of other
crimes are absorbed by the latter.
2. By making such threat without the offender attaining
his purpose (with condition; elements for this act are If there is another crime actually committed or the
the same with the first except that the purpose is not objective of the offender is another crime, and the threat
attained). is only a means to commit it or a mere incident to its
commission, the threat is absorbed by the other crime.
3. By threatening another with the infliction upon his
person, honor or property or that of his family of any If the threat was made with the deliberate purpose of
wrong amounting to a crime, the threat not being creating in the mind of the person threatened the belief
subject to a condition (without condition). that the threat would be carried into effect, the crime
committed is grave threats, and the minor crime which
Elements of Grave Threats NOT subject to a accompanied it should be disregarded.
condition:
a. That the offender threatens another person When the offender demands the money or property on
with the infliction upon the latter’s person, honor, the spot, the crime is not grave threats BUT robbery with
or property, or upon that of the latter’s family, of intimidation.
any wrong;
b. That such wrong amounts to a crime; and Note: Under PD 1829, the following acts purpose of
c. That the threat is not subject to a condition. which is to prevent a person from appearing in the
investigation of, or official proceedings in criminal cases
The third form of grave threats must be serious in the is punishable:
sense that it is deliberate and that the offender persists in a. Threatening directly or indirectly another with the
the idea involved in his threats. infliction of any wrong upon his person, honor or
property or that of any immediate member or
members of his family; or
b. Imposing a condition, whether lawful or unlawful.

171

ARTICLE 283
LIGHT THREATS
Elements:
1. That the offender makes a threat to commit a wrong;
2. That the wrong does not constitute a crime;
3. That there is a demand for money or that other
condition is imposed even though not unlawful; and
4. That the offender has attained his purpose or, that he
has not attained his purpose.
weapon in a quarrel, unless it be in lawful self-
defense.
2. Orally threatening another, in the heat of anger, with
some harm constituting a crime, without persisting in
the idea involved in his threat.
3. Orally threatening to do another any harm not
constituting a felony.
Where the threats are directed to a person who is absent
and uttered in a temporary fit of anger, the offense is only
other light threats.

Light threats are committed in the same manner as Grave Threats and
grave threats except that the act threatened to be Other Light Threats
Light Threats
committed should not be a crime.
No demand for money. In certain cases,
Note: Blackmailing may be punished under Art. 283. demand for money is
material.
ARTICLE 284 No condition imposed. In certain cases,
BOND FOR GOOD BEHAVIOR imposed condition is
material.
When a person is required to give bail bond:
1. When he threatens another under the circumstances Threat is not Threat is deliberate.
mentioned in Art. 282. deliberate.
2. When he threatens another under the circumstances
mentioned in Art. 283. ARTICLE 286
GRAVE COERCION
Bond to Keep the Bond for a Good
Two Ways of Committing Grave Coercion:
Peace Behavior
1. By preventing another by means of violence, threats
Provides for bond to Provides for bond for or intimidation, from doing something not prohibited
keep the peace. good behavior. by law (Preventive).
Not made applicable to Applicable only to
If the thing prevented from execution is prohibited by
any particular case. cases of grave threats
law, there will be no coercion.
and light threats.
It is a distinct penalty. It is an additional 2. By compelling another, by means of violence, threats
penalty. or intimidation, to do something against his will,
whether it be right or wrong (Compulsive).
If the offender fails to If he shall fail to give
give the bond, he shall bail, he shall be
be detained for a sentenced to destierro. Preventive Compulsive
period not exceeding 6 The act prevented to The act compelled to
months (if prosecuted be done must not be be done by another
for grave/less grave prohibited by law. against his will may or
felony) or not may not be prohibited
exceeding 30 days (if by law.
prosecuted for light
felony).
When PREVENTING is not considered Coercion:
Under Art. 132: When a public officer prevents the
ARTICLE 285 ceremonies of a religious group.
OTHER LIGHT THREATS
Under Art. 143: When a person prevents the meeting of a
Acts Punished: legislative assembly.
1. Threatening another with a weapon, or drawing such

172 | C r i m i n a l L a w
Under Art. 145: When a person prevents a member of
Congress from attending meetings, expressing his Grave Coercion Illegal Detention
opinions or casting his vote through the use of force or
intimidation. Intent to deprive the Intent to deprive is
offended party of his present.
Under Article 287: When the violence is employed to liberty is not clear (i.e.
seize anything belonging to the debtor of the offender. may freely leave the
house but is compelled
In grave coercion, the act of preventing by force must be to return).
made at the time the offended party was doing or about
to do the act to be prevented. If the act was already done Maltreatment of
when violence is exerted, the crime is unjust vexation. Grave Coercion
Prisoners
(People vs. Madrid, C.A., 53 O.G. 711)
If the offended party is If the offended party is
When COMPELLING is not considered Coercion: not a prisoner, a prisoner, extracting
Under Art. 127: When a public officer compels a person extracting information information using force
to change his residence. using force or or intimidation is
intimidation is coercion. maltreatment.
Under Art. 267: When a person kidnaps his debtor to
compel him to pay. There is no grave coercion where the accused acted in
good faith in the performance of his duty.
Elements:
1. That a person prevented another from doing Coercion is always consummated even if the offended
something not prohibited by law, or by compelling him party did not accede to the purpose of the coercion.
to do something against his will, be it right or wrong;
2. That the prevention or compulsion be effected by ARTICLE 287
violence, threats or intimidation; and LIGHT COERCION
3. That the person that restrained the will and liberty of
another has no right to do so, or in other words, that Elements:
the restraint is not made under authority of law or in 1. That the offender must be a creditor;
the exercise of any lawful right. 2. That he seizes anything belonging to his debtor;
3. That the seizure of the thing be accomplished by
When PRISION MAYOR shall be imposed: means of violence or a display of material force
1. If the coercion is committed in violation of the exercise producing intimidation; and
of the right of suffrage. 4. That the purpose of the offender is to apply the same
2. If the coercion is committed to compel another to to the payment of the debt.
perform any religious act.
3. If the coercion is committed to prevent another from
performing any religious act.
Unjust Vexation (Art. 287, par. 2)
Grave Coercion Unjust Vexation Includes any human conduct which although not
productive of some physical or material harm would,
however, unjustly annoy or vex an innocent person.
Use of violence upon
the offended party in There is no violence or In determining whether the crime of unjust vexation is
preventing or intimidation. committed, the offender's act must have caused
compelling him to do annoyance, irritation, vexation, torment, distress or
something against his disturbance to the mind of the person to whom it is
will. directed.

It is distinguished from grave and light coercions by the

absence of violence.

Light coercion will be unjust vexation when the element

of violence is absent.

173

ARTICLE 288
OTHER SIMILAR COERCIONS (COMPULSORY
PURCHASE OF MERCHANDISE & PAYMENT OF
WAGES BY MEANS OF TOKENS)
Acts Punished:
1. Forcing or compelling, directly or indirectly, or
knowingly permitting the forcing or compelling of the
laborer or employee of the offender to purchase
merchandise or commodities of any kind from him
Elements:
a. That the offender is any person, agent or officer of
any association or corporation;
b. That he or such firm or corporation has employed
laborers or employees; and
c. That he forces or compels, directly or indirectly, or
knowingly permits to be forced or compelled, any
of his or its laborers or employees to purchase
merchandise or commodities of any kind from him
or from said firm or corporation.
2. Paying the wages due his laborer or employee by
means of tokens or objects other than the legal tender
currency of the Philippines, unless expressly
requested by such laborer or employee.
Elements:
a. That the offender pays the wages due a laborer or
employee employed by him by means of tokens or
objects;
b. That those tokens or objects are other than the
legal tender currency of the Philippines; and
c. That such employee or laborer does not expressly
request that he be paid by means of tokens or
objects.
Inducing an employee to give up any part of his wages
by force, stealth, intimidation, threat or by any other
means is unlawful under Art. 116 of the Labor Code, not
under the RPC. Wages shall be paid in legal tender and
the use of tokens, promissory notes, vouchers, coupons,
or any other form alleged to represent legal tender is
absolutely prohibited even when expressly requested by
the employee.
ARTICLE 289
FORMATION, MAINTENANCE, & PROHIBITION OF
COMBINATION OF CAPITAL OR LABOR THROUGH
VIOLENCE OR THREATS
Elements:
1. That the offender employs violence or threats, in such
a degree as to compel or force the laborers or
employers in the free and legal exercise of their
industry or work; and
2. That the purpose is to organize, maintain or prevent
coalitions of capital or laborers or lockout of
employers.
The act should not be a more serious offense.
Peaceful picketing is allowed. When the picketers employ
violence or if they make threats, they shall be held liable
for coercion.
Preventing employee from joining any registered labor
organization is punished under the Labor Code, not
under the RPC.
CHAPTER THREE: DISCOVERY AND
REVELATION OF SECRETS
(ARTS. 290-292)
ARTICLE 290
DISCOVERING SECRETS THROUGH
SEIZURE OF CORRESPONDENCE
Elements:
1. That the offender is a private individual or even a
public officer not in the exercise of his official function;
2. That he seizes the papers or letters of another;
3. That the purpose is to discover the secrets of such
other person; and
4. That the offender is informed of the contents of the
papers or letters seized.
Seize
To place in the control of someone a thing or to give him
the possession thereof. It is not necessary that in the act,
there should be force or violence.
Qualifying Circumstance: Offender reveals the
contents of such paper or letter of another to a third
person.
Prejudice is not an element of this offense.
There must be taking possession of papers or letters of
another even for a short time.
If the purpose of seizure is to cause damage, estafa is
committed.
If the purpose is to harass or annoy, the crime is unjust
vexation.
174 | C r i m i n a l L a w
 workman of a manufacturing or industrial
Public Officer establishment;
Seizure of 2. That the manufacturing/industrial establishment has a
Revealing Secrets of
Correspondence secret of the industry which the offender has learned;
Private Individual
3. That the offender reveals such secrets;
Public officer comes to Private individual 4. That prejudice is caused to the owner.
know the secret of any seizes the papers or
private individual by letters of another. Secrets must relate to manufacturing process.
reason of his office.
The secret is not It is necessary that the Prejudice is an essential element in this offense because
necessarily contained offender seizes the Article 292 says “to the prejudice of the owner thereof.”
in papers or letters. papers or letters of
another to discover the TITLE TEN: CRIMES AGAINST
secret of the latter. PROPERTY
Reveals the secret It is not necessary that
without justifiable there by a secret, and ARTICLE 293
reason. if there is a secret WHO ARE GUILTY OF ROBBERY
discovered, it is not
necessary that it be Robbery
revealed. It is the taking of personal property belonging to another,
Act punished is the Act punished is the with intent to gain, by means of violence against, or
revelation of secrets by seizure of intimidation of any person, or using force upon anything.
the officer by reason of correspondence so as
his office. to discover the secrets Classification of Robbery:
of the offended party. 1. Robbery with violence against, or intimidation of
persons (Arts. 294, 297 and 298).
2. Robbery by use of force upon things (Arts. 299 and
Article 290 NOT applicable to: 302).
1. Parents, guardians, or persons entrusted with the
custody of minors with respect to the papers or letters Elements of Robbery in general:
of the children or minors placed under their care or 1. That there be personal property (bienes muebles)
custody; belonging to another;
2. Spouses with respect to the papers or letters of either 2. That there is unlawful taking (apoderamiento or
of them. asportacion) of that property;
3. That the taking must be with intent to gain (animus
ARTICLE 291
lucrandi); and
REVEALING SECRETS WITH
4. That there is violence against or intimidation of any
ABUSE OF OFFICE
person or force used upon things.
Elements:
Personal property
1. That the offender is a manager, employee or servant;
As long as the personal property does not belong to the
2. That he learns the secrets of his principal or master in
accused who has a valid claim thereover, it is immaterial
such capacity;
whether said offender stole it from the owner, a mere
3. That he reveals such secrets.
possessor, or even a thief of the property.
Secrets must be learned by reason of their The property taken must be personal property, for if real
employment. property is occupied or real right is usurped by means of
Damage is not necessary. violence against or intimidation of persons, the crime is
usurpation (Reyes, p. 653).
ARTICLE 292
REVELATION OF INDUSTRIAL SECRETS
Classification of personal property under the Civil Code
does not apply. The test is whether or not the object is
Elements:
susceptible of appropriation and transportation
1. That the offender is a person in charge, employee or
(Regalado).

175

Prohibited articles may be the subject matter of robbery.
Unlawful taking
1. Unlawful taking means appropriating a thing belonging
to another and placing it under one's control or
possession.
2. Unlawful taking is COMPLETE:
a. Robbery with violence against or intimidation of
persons — offender has already the possession of
the thing even if he has no opportunity to dispose of
it.
b. Robbery with force upon things — the thing must be
brought outside the building for consummated
robbery to be committed.
Intent to gain
Intent to gain is presumed from the unlawful taking of
personal property.
The elements of “personal property belonging to another”
and that of “intent to gain” must concur.
If the accused, with intent to gain, took from another,
personal property which turned out to be his own
property, the property not belonging to another, he
cannot be held liable for robbery; even if in the taking the
accused used violence against or intimidation of person,
or force upon anything.
If he took personal property from another, believing that it
was his own property, but in reality it belonged to the
offended party, there being no intent to gain, he cannot
be held liable for robbery, even if the accused used
violence against or intimidation of person, or force upon
things.
Thus, if the property turns out to be the offender’s own
property, an impossible crime is committed.
If there was no intent to gain, estafa or coercion may be
committed.
Violence or Intimidation
Must be present BEFORE the taking of personal property
is complete. But when the violence results in homicide,
rape, intentional mutilation or any of the serious physical
injuries penalized in Par. 1 and 2 of Art 263, the taking of
the personal property is robbery complexed with any of
those crimes under Art. 294, even if the taking was
already complete when the violence was used by the
offender.
Art. 294 applies only where robbery with violence against
or intimidation of persons takes place without entering an
inhabited house under the circumstances in Art. 299.
When both circumstances are present, the offense shall
be considered as a complex crime under Art. 48, and the
penalty shall be for the graver offense in the maximum
period (Napolis v. CA, No. L- 28865, Feb 28, 1972).
If it is the owner who forcibly takes the personalty from its
lawful possessor, the crime is estafa under Art. 316(3)
since the former cannot commit robbery on his own
property even if he uses violence or intimidation.
Whenever violence against or intimidation of any person
is used, the taking of personal property is always
robbery. If there is no violence or intimidation, but only
force upon things, the taking is robbery only if the force is
used either to enter the building or to break doors,
wardrobes, chests, or any other kind of locked or sealed
furniture or receptacle inside the building or to force them
open outside after taking the same from the building.
In the absence of this element, the crime committed is
theft.
Intimidation does not need to be physical since it can
also be psychological.
To determine the number of robberies committed, check
if all the elements of robbery based on the provisions of
the different means of committing the crime are present.
If in each case, the elements of a certain kind of robbery
are present, then it constitutes one count of robbery
already.
SECTION ONE: ROBBERY WITH VIOLENCE
AGAINST OR INTIMIDATION OF PERSONS
ARTICLE 294
ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
Acts Punished:
1. (a) When by reason or on occasion of the robbery, the
crime of homicide is committed; (b) or when the
robbery is accompanied by rape or intentional
mutilation or arson.
2. When by reason or on occasion of such robbery any of
the physical injuries resulting in insanity, imbecility,
impotency or blindness is inflicted. (subdivision 1 of
Art. 263)
3. When by reason or on occasion of robbery, any of the
physical injuries penalized in subdivision 2 of Art. 263
is inflicted.
176 | C r i m i n a l L a w
 When the person injured –
a. Loses the use of speech or the power to hear or to
smell, or loses an eye, a hand, a foot, an arm, or a
leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which he was
therefore habitually engaged, in consequence of the
physical injuries inflicted;
4. (a) If the violence or intimidation employed in the
commission of the robbery is carried to a degree
clearly unnecessary for the commission of the crime;
or (b) When in the course of its execution, the offender
shall have inflicted upon ANY PERSON NOT
RESPONSIBLE FOR ITS COMMISSION physical
injuries covered by subdivisions 3 and 4 of Art. 263.
When the person injured –
a. Becomes deformed; or
b. Loses any other member of his body; or
c. Loses the use thereof; or
d. Becomes ill or incapacitated for the performance of
the work in which he was habitually engaged for
more than 90 days, in consequence of the physical
injuries inflicted; or
e. When the injured person becomes ill or
incapacitated for labor for more than 30 days (but
must not be more than 90 days), as a result of the
physical injuries inflicted.
5. If the violence employed by the offender does not
cause any of the serious physical injuries defined in
Art. 263, or if the offender employs intimidation only.
(simple robbery)
These offenses are known as SPECIAL COMPLEX
CRIMES. Crimes defined under this article are the
following:
1. Robbery with homicide
2. Robbery with rape
3. Robbery with intentional mutilation
4. Robbery with arson
5. Robbery with serious physical injuries
Robbery with Homicide
The term “homicide” is used in its generic sense and
includes any kind of killing, whether parricide or murder
or where several persons are killed and the name of this
special complex crime shall remain as robbery with
homicide. The qualifying circumstance (e.g. treachery in
murder) will only become an aggravating circumstance.
The juridical concept of robbery with homicide does not
limit the taking of life to one single victim. All the
homicides or murder are merged in the composite,
integrated whole that is robbery with homicide so long as
all the killings were perpetrated by reason or on the
177
occasion of the robbery (People vs. Madrid, G.R. No. L-
3023, January 3, 1951).
Homicide may precede robbery or may occur after
robbery. What is essential is that the offender must have
intent to take personal property before the killing.
Where the offender’s intention to take personal property
of the victim arises as an afterthought, where his original
intent was to kill, he is guilty of two separate crimes of
homicide or murder, as the case may be, and theft.
The phrase “by reason” covers homicide committed
before or after the taking of personal property of another,
as long as the motive of the offender in killing is to
deprive the victim of his personal property which is
sought to be accomplished by eliminating an obstacle,
killing a person after robbery to do away with a witness or
to defend the possession of the stolen property.
There is robbery with homicide even if the person
killed was a bystander and not the person robbed or
even if it was one of the offenders. The law does not
require the victim of the robbery be also the victim of
homicide.
Robbery with homicide exists even if the death of the
victim supervened by mere accident. It is sufficient that a
homicide resulted by reason or on the occasion of the
robbery. (People v. Mangulabnan, G.R. No. L-8919,
September 28, 1956).
When homicide is committed by reason or on the
occasion of the robbery, all those who took part as
principals in the robbery would also be held liable as
principals of the single and indivisible felony of robbery
with homicide although they did not actually take part in
the killing, unless it clearly appears that they endeavored
to prevent the same. (People vs. Hernandez, G.R. No.
139697, June 15, 2004).
Robbery with Rape
In robbery with rape, the law uses the phrase “when the
robbery shall have been accompanied by rape”. But like
in robbery with homicide, the offender must have the
intent to take the personal property belonging to another
with intent to gain, and such intent must precede the
rape.
Robbery with rape does not cover robbery with attempted
rape since what is provided by the RPC is a special
complex crime of robbery with rape. Robbery with
attempted rape cannot be complexed under Art. 48 since
one crime is not a necessary means of committing the
other nor can both be results of a single act.
If rape was the primary objective of the accused, and his
taking of the jewels of the victim was not with intent to
gain but just to have some tokens of her supposed
consent to the coition, the accused committed two
distinct crimes of rape and unjust vexation. (People vs.
Villarino, CA-G.R. No. 6342-R, November 26, 1951).
slight physical injuries were committed after the robbery
was consummated, that would constitute a separate
offense.
Under clause B, it is required that the physical injuries be
inflicted in the course of the execution of the robbery and
that any of them was inflicted upon any person not
responsible for the commission of the robbery.

All the robbers may be held liable for robbery with rape Simple Robbery
even if not all of them committed the crime of rape based Par. 5 is known as simple robbery because they only
on the concept of conspiracy. (People vs. Balacanao, involve slight or less serious physical injuries, which are
G.R. No. 118133, February 28, 2003) absorbed in the crime of robbery as an element thereof.

Par 1 of this article also applies even if the victim of the Violence or intimidation may enter at any time before the
rape committed by the accused was herself a member of owner is finally deprived of his property. This is so
the gang of robbers. because asportation is a complex fact, a whole divisible
into parts, a series of acts, in the course of which
Note: There is no crime of Robbery with Multiple personal violence or intimidation may be injected.
Homicide or Robbery with Multiple Counts of Rape.
Although there be more than one instance of
homicide/murder or rape, they shall be considered as Threats to Extort Robbery thru
embraced under one special complex crime of either Money Intimidation
Robbery with Homicide or Robbery with Rape.
Intimidation is Intimidation is actual
Neither shall the additional rape/s or homicide/s be conditional or future. and immediate.
considered aggravating. Unless and until a law is Intimidation may be Intimidation is personal.
passed providing that the additional rape/s (or through an intermediary.
homicide/s) may be considered aggravating, the Court
must construe the penal law in favor of the offender as Intimidation may refer to Intimidation is directed
no person may be brought within its terms if he is not person, honor or only to the person of the
clearly made so by the statute (People vs. Sultan, G. R. property of the offended victim.
No. 132470, April, 27, 2000). party or of his family.
Robbery with Arson The gain of the culprit is The gain of the culprit is
In the case of robbery with arson, it is essential that the not immediate. immediate.
robbery precedes the arson. There must be an intent to
commit robbery and no killing, rape or intentional
mutilation should be committed in the course of the Robbery Bribery
robbery, or else, arson will only be considered an The victim is deprived of He parts with his
aggravating circumstance of the crime actually his money, property by money, in a sense,
committed. force or intimidation. voluntarily.
Robbery with Serious Physical Injuries
Par 2 and par. 3 of this article also apply even when the Robbery Grave Coercion
serious physical injuries referred to therein are inflicted
In both crimes, there is violence used by the
upon a co-robber.
offender
Under the 4th act punishable, clause A, the violence need With intent to gain. No intent to gain.
not result in serious physical injuries. The first clause in
Art 294 par 4 requires only that the violence be ARTICLE 295
unnecessary for the commission of the crime. ROBBERY WITH PHYSICAL INJURIES,
COMMITTED IN AN UNINHABITED PLACE AND
To be considered as robbery with physical injuries, the BY A BAND OR WITH THE USE OF FIREARM ON
injuries inflicted must be serious; otherwise, they shall be A STREET, ROAD OR ALLEY
absorbed in the robbery. However, if the less serious or

178 | C r i m i n a l L a w
Qualified Robbery with Violence Against or
Intimidation of Persons:
Nos. 3, 4, and 5 of Article 294 if committed:
1. In an uninhabited place (despoblado); or
2. By a band (en cuadrilla); 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
their respective conveyances; or
5. On a street, road, highway, or alley, and the
intimidation is made with use of firearms, the offender
shall be punished by the maximum period or the
proper penalties prescribed in Art. 294.
This article provides for five special aggravating
circumstances which, because they impose the penalty
in the maximum period and cannot be offset by a generic
mitigating circumstance, are also considered as
qualifying circumstances.
Robbery with Robbery in an
Violence Against or Uninhabited Place
Intimidation of and by a Band
Persons
Despoblado and en Both must concur.
cuadrilla need not
concur.
If the crime committed is robbery with homicide, rape,
mutilation or arson (Par. 1) or with physical injuries under
subdivision 1 of Art. 263 (Par. 2), despoblado and
cuadrilla will each be considered only as a generic
aggravating circumstance.
ARTICLE 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
malefactors shall be the maximum of the
corresponding penalty provided by law without
prejudice to the criminal liability for illegal possession
of 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 assaults committed by the
band, unless it be shown that he attempted to prevent
the same.
179
Art. 296, just like Art. 295, also applies only to robbery
under pars. 3, 4 and 5 of Art. 294, and not to robbery with
homicide, rape, intentional mutilation, arson or the
physical injuries in par. 1 of Art. 263.
PD 1866 penalizes illegal possession of firearm in
addition to criminal liability for robbery by a band. Under
R.A. No. 8294, the use of unlawful firearms in murder
and homicide is now considered not as a separate crime
but merely a special aggravating circumstance.
Use of unlicensed firearm by a band in the commission of
robbery with physical injuries cannot be offset by a
generic mitigating circumstance.
Requisites for liability for the acts of other members
of the band:
1. He was a member of the band;
2. He was present at the commission of a robbery by that
band;
3. The other members of that band committed an assault;
and
4. He did not attempt to prevent the assault.
Robbery by a band - all are liable for any assault
committed by the band, unless the others attempted
to prevent the assault.
Proof of conspiracy is not necessary when four or more
armed persons committed robbery.
The circumstance that the robbery was committed by a
band would only be appreciated as an ordinary
aggravating circumstance in Robbery with Homicide. No
such crime as robbery with homicide in band (People vs.
Apduhan, Jr., G.R. No. L-19491, August 30, 1968).
ARTICLE 297
ATTEMPTED AND FRUSTRATED ROBBERY
COMMITTED UNDER CERTAIN CIRCUMSTANCES
Special Complex Crime: When by reason or on
occasion of an attempted or frustrated robbery, a
homicide is committed.
“Homicide” under this article is also used in its generic
sense – to include any other unlawful killing. However, if
the killing legally constituted murder or parricide, the
offense will continue to be covered by Art. 297 with the
technical name stated therein, but the penalty shall be for
murder or parricide because Art. 297 states, “unless the
homicide (killing) committed shall deserve a higher
penalty under this Code.”
The penalty is the same whether the robbery is
attempted or frustrated.
If homicide is not consummated, the crimes of robbery
and attempted or frustrated homicide:
1. May be complexed (Article 48); or
2. Considered as separate crimes; or
3. Considered as one crime, one absorbing the other.
If physical injuries were inflicted on the victim, but
no intent to kill was proved and the victim did not
die, the liability of the offender may be as follows:
1. If the physical injuries were by reason of the attempted
or frustrated robbery as the means for the commission
of the latter, the injuries are absorbed by the latter and
the crime shall only be attempted or frustrated robbery.
2. If the physical injuries were inflicted only on the
occasion of the aborted robbery but not employed as a
means of committing the latter, these will be separate
crimes of attempted or frustrated robbery and physical
injuries.
3. If both killing and physical injuries were committed on
that occasion, the crime will be penalized in
accordance with Art. 297 but the physical injuries will
be absorbed.
When the offense committed is attempted or frustrated
robbery with serious physical injuries, Art. 48 is
applicable, since the felony would fall neither under Art.
294 which covers consummated robbery with homicide
nor under Art. 297 which covers attempted or frustrated
robbery with homicide. However, for Art. 48 to apply,
serious physical injuries must be employed as a
necessary means of committing robbery.
ARTICLE 298
EXECUTION OF DEEDS BY MEANS OF
VIOLENCE OR INTIMIDATION
Elements:
1. That the offender has intent to defraud another;
2. That the offender compels him to sign, execute, or
deliver any public instrument or document; and
3. That the compulsion is by means of violence or
intimidation.
Art. 298 is not applicable if the document is void (Reyes,
p. 698).
SECTION TWO: ROBBERY WITH THE USE OF FORCE
UPON THINGS
ARTICLE 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; or
b. By breaking any wall, roof, floor, door, or window; or
c. By using false keys, picklocks or similar tools; or
d. 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.
Any of the four means described in subdivision (a) of Art.
299 must be resorted to by the offender TO ENTER a
house, not to get out.
The wall broken must be an outside wall, not a wall
between rooms in a house or building, because the
breaking of a wall must be for the purpose of entering.
But if a room is occupied by a person as his separate
dwelling, the breaking of the room’s wall may give rise to
robbery.
False keys
Genuine keys stolen from the owner or any keys other
than those intended by the owner for use in the lock
forcibly opened by the offender.
The genuine key must be stolen, not taken by force or
intimidation from the owner.
Picklock or similar tools
Those specially adopted to the commission of robbery.
The false key or picklock must be used for entering the
building.
The whole body of the culprit must be inside the building
to constitute entering.
Not every physical force exerted by the offender is
covered by Art. 299, hence breaking store windows to
steal something but without entry, is only theft.
180 | C r i m i n a l L a w
Elements: (Subdivision B)
1. Offender is inside a dwelling house, public building or
edifice devoted to religious worship, regardless of the
circumstances under which he entered it.
2. The offender takes personal property belonging to
another with intent to gain under any of the following
circumstances:
a. by the breaking of internal doors, wardrobes, chests,
or any other kind of sealed furniture or receptacle; or
b. by taking such furniture or objects away to be broken
open outside the place of the robbery.
Entrance into the building by any means mentioned in
subdivision (a) of Art. 299 is not required in robbery
under subdivision (b) of the same article.
The term door under this subdivision refers only to doors
lids or opening sheets of furniture or other portable
receptacles – NOT to outside doors of house or building.
It is estafa or theft, if the locked or sealed receptacle is
not forced open in the building where it is kept or taken
therefrom to be broken outside.
ARTICLE 300
ROBBERY IN AN UNINHABITED
PLACE AND BY A BAND
Under this Article, Robbery with Force Upon Things is
qualified when committed in an uninhabited place AND
by a band, as distinguished from Qualified Robbery with
Violence or Intimidation of Persons (Art. 295) which is
committed in an uninhabited place OR by a band.
ARTICLE 301
WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING
OR BUILDING DEDICATED TO RELIGIOUS WORSHIP
AND THEIR DEPENDENCIES
Inhabited House
Means any shelter, ship, or vessel constituting the
dwelling of one or more persons, even though the
inhabitants thereof shall temporarily be absent therefrom
when the robbery is committed.
Dependencies of an inhabited house, public building
or building dedicated to religious worship
All interior courts, corrals, warehouses, granaries, barns,
coachhouses, stables, or other departments or enclosed
places
1. Contiguous to the building or edifice,
2. Having an interior entrance connected therewith, and
3. Which form part of the whole.
181
Orchards and other lands used for cultivation or
production are not included in the terms of the next
preceding paragraph, even if closed, contiguous to the
building and having direct connection therewith.
Public Building
Includes every building owned by the Government or
belonging to a private person, used or rented by the
Government, although temporarily unoccupied by the
same.
ARTICLE 302
ROBBERY IN AN UNINHABITED PLACE
OR IN A PRIVATE BUILDING
Elements:
1. That the offender entered an uninhabited place or a
building which was not a dwelling house, not a public
building, or not an edifice devoted to religious worship;
2. That any of the following circumstances was present:
a. The entrance was effected through an opening not
intended for entrance or egress;
b. A wall, roof, floor, or outside door or window was
broken;
c. The entrance was effected through the use of false
keys, picklocks or other similar tools;
d. A door, wardrobe, chest, or any sealed or closed
furniture or receptacle was broken; or
e. A closed or sealed receptacle was removed, even if
the same be broken open elsewhere;
3. That with intent to gain, the offender took therefrom
personal property belonging to another.
The only difference between Arts. 299 and 302 is that the
use of fictitious name or simulation of public authority can
be used only in Art. 299 which refers to inhabited
buildings and not in Art. 302 which involves uninhabited
or other places.
While Art. 302 provides for robbery in an “uninhabited
place,” it actually means an uninhabited house.
Building
Any kind of structure used for storage or safekeeping of
personal property (U.S. v. Magsino, G.R. No. 1339.
November 28, 1903).
When the property taken is a mail matter during any of
the robberies defined in Arts. 294, 295, 297, 299, 300 &
302, the penalties next higher than those provided in said
articles shall be imposed.
The taking of large cattle is now punished under P.D. No.
533.

ARTICLE 303
ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN
AN UNINHABITED PLACE OR PRIVATE BUILDING
Penalty is one (1) degree lower when cereals, fruits, or
firewood are taken in robbery with force upon things.
Cereals
Are seedlings which are the immediate product of the
soil. The palay must be kept by the owner as “seedling”
or taken for that purpose by the robbers.
ARTICLE 304
POSSESSION OF PICKLOCKS
OR SIMILAR TOOLS
Refer to all bodies of water, such as but not limited to
seas, gulfs, bays around, between and connecting each
of the Islands of the Philippine Archipelago, irrespective
of its depth, breadth, length or dimension, and all other
waters belonging to the Philippines by historic or legal
title, including territorial sea, the sea-bed, the insular
shelves, and other submarine areas over which the
Philippines has sovereignty or jurisdiction.
Vessel
Any vessel or watercraft used for transport of passengers
and cargo from one place to another through Philippine
waters and includes all kinds and types of vessels or
boats used in fishing.

Elements: Philippine highway

1. That the offender has in his possession picklocks or
similar tools;
2. That such picklocks or similar tools are specially
adopted to the commission of robbery; and
3. That the offender does not have lawful cause for such
possession.
Actual use of picklocks or similar tools is not necessary in
illegal possession thereof.
If the person who makes such tools is a locksmith, the
penalty is higher.
Refer to any road, street, passage, highway and bridges
or other parts thereof, or railway or railroad within the
Philippines used by persons, or vehicles, or locomotives
or trains for the movement or circulation of persons or
transportation of goods, articles, or property or both.
Highway robbery/Brigandage
Seizure of any person for ransom, extortion or other
unlawful purposes, or the taking away of the property of
another by means of violence against or intimidation of
persons or force upon things or other unlawful means,
committed by any person on any Philippine highway.

ARTICLE 305 Elements:

FALSE KEYS 1. The robbery should take place along the Philippine
highway;
Inclusions: 2. The act of robbery must be indiscriminate. It should not
1. Tools not mentioned in the next preceding article. be an isolated case; and
2. Genuine keys stolen from the owner. 3. The victim was not predetermined. The robbery must
3. Any keys other than those intended by the owner for be directed not only against specific, intended or
use in the lock forcibly opened by the offender. perceived victims, but against any and all prospective
victims.
A master key is a picklock and its possession is
punishable. Any person who aids or protects highway robbers or
abets the commission of highway robbery or brigandage
A lost or misplaced key found by another and not shall be considered as an ACCOMPLICE.
returned to its rightful owner is considered as a genuine
key stolen from the owner. The object of the decree is to deter and punish lawless
elements who commit acts of depredation upon persons
CHAPTER TWO: BRIGANDAGE and properties of innocent and defenseless inhabitants
(ARTS. 306-307) who travel from one place to another thereby disturbing
the peace and tranquility of the nation and stunting the
PRESIDENTIAL DECREE 532 economic and social progress of the people (People v.
Modified Arts. 306 & 307 Pulusan, G.R. No. 110037, May 21, 1998).

Definition of Terms (Section 2) A conviction for highway robbery under this decree
Philippine waters requires proof that the accused were organized for the

182 | C r i m i n a l L a w
purpose of committing robbery indiscriminately (ibid.).
Punishable Acts:
1. Piracy (Section 3)
2. Highway robbery/brigandage (Section 3)
3. Aiding pirates or highway robbers/ brigands or abetting
piracy or highway robbery/ brigandage (Section 4)
The only things to prove are:
1. That there is an organization of more than three armed
persons forming a band of robbers;
2. That the purpose of the band is any of those
enumerated in Art. 306;
3. That they went upon the highway or roamed upon the
country for that purpose;
4. That the accused is a member of such band.

Brigandage The term “highway” includes streets within, as well as

PD 532 roads outside the cities.
(Art. 306, RPC)
Mere conspiracy to Mere formation of a
Brigandage Robbery in Band
constitute the offense band for any purpose
of brigandage is not indicated in the law is Purpose: commit Purpose: commit robbery,
punishable punishable. robbery in highway; or to not necessarily in
(presupposes that acts kidnap persons for highways.
defined are actually ransom; or any other
committed). purpose attained by
force and violence.
Offenders need not Offenders must be a
constitute a band. One band of robbers. Agreement is to commit Agreement is to commit a
person can commit the several robberies. particular robbery.
crime.
Mere formation is Actual commission of
punished. robbery is necessary.

ARTICLE 306
ARTICLE 307
BRIGANDAGE
AIDING OR ABETTING A
BAND OF BRIGANDS
Brigandage
A crime committed by more than three armed persons
Elements:
who form a band of robbers for the purpose of
1. That there is a band of brigands;
committing robbery in the highway or kidnapping persons
2. That the offender knows the band to be of brigands;
for the purpose of extortion or to obtain ransom, or for
and
any other purpose to be attained by means of force and
3. That the offender does any of the following acts:
violence.
a. That he aids, abets, or protects such band of
brigands;
Elements:
b. That he gives them information on the movements
1. There be at least four armed persons;
of the police or other peace officers of the
2. They formed a band of robbers; and
government; or
3. The purpose is any of the following:
c. That he acquires or receives property taken by
a. To commit robbery in a highway; or
such brigands.
b. To kidnap persons for the purpose of extortion or to
obtain ransom; or
It shall be presumed that the person performing any of
c. To attain by means of force and violence any other
the acts provided in this article has performed them
purpose.
knowingly, unless the contrary is proven.
Presumption of law as to brigandage: CHAPTER THREE: THEFT
All are presumed to be highway robbers or brigands, if (ARTS. 308-311)
any of them carries an unlicensed firearm.
ARTICLE 308
Brigandage may be committed without the use of
WHO ARE LIABLE FOR THEFT
firearms. The term “armed” covers arms and weapons in
general, not necessarily firearms.
Theft

183
Is committed by any person who, with intent to gain but
without violence or intimidation of persons nor force upon
things, shall take the personal property of another without
the latter’s consent.
Elements:
1. That there be taking of personal property;
2. That said property belongs to another;
3. That the taking be done with intent to gain;
4. That the taking be done without the consent of the
owner; and
5. That the taking be accomplished without the use of
violence against or intimidation of persons or force
upon things.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail
to deliver the same to the local authorities or to its
owner.
It is necessary to prove:
a. The time of the seizure of the thing;
b. That it was a lost property belonging to another; and
c. That 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.
The term “lost property” embraces loss by stealing.
The finder in law can also be held liable for theft
under this paragraph.
2. Any person who, after having maliciously damaged the
property of another, shall remove or make use of the
fruits or object of the damage caused by him.
3. Any person who shall enter an enclosed estate or a
field where trespass is forbidden or which belongs to
another and without the consent of its owner; shall
hunt or fish upon the same or shall gather fruits,
cereals, or other forest or farm products.
Elements:
a. That there is an enclosed estate or a field where
trespass is forbidden or which belongs to another;
b. That the offender enters the same;
c. That the offender hunts or fishes upon the same or
gathers fruits, cereals, or other forest or farm
products in the estate or field; and
d. That the hunting or fishing or gathering of products is
without the consent of the owner.
The fishing referred to in this article is not fishing in the
fishpond or fishery; otherwise it is qualified theft under
Art.310.
Theft is not a continuing offense.
In theft, the phrase used is “shall take personal
property of another”, not “shall take away such
property”.
Theft Robbery
The offender does not use There is violence or
violence or intimidation or intimidation or force upon
does not enter a house or things.
building through any of the
means specified in Art. 299
or Art. 302 in taking
personal property of
another with intent to gain.
It suffices that consent on It is necessary that the
the part of the owner is taking is against the will
lacking. of the owner.
From the moment the offender gained possession of the
thing, even if the culprit had no opportunity to dispose of
the same, the unlawful taking is complete (People vs.
Salvilla, GR. No. 86163, April 26, 1990).
The ability of the offender to freely dispose of the
property stolen is not a constitutive element of the crime
of theft. It finds no support or extension in Article 308,
whether as a descriptive or operative element of theft or
as the mens rea or actus reus of the felony (Valenzuela
vs. People of the Philippines, G. R. No. 160188, June 21,
2007).
Theft is not limited to an actual finder of lost property who
does not return or deposit it with the local authorities but
includes a policeman to whom he entrusted it and who
misappropriated the same, as the latter is also a finder in
law.
Theft of electricity is also punishable under RA 7832, the
Anti-Electricity and Electric Transmission Lines/Materials
Pilferage Act of 1994.
ARTICLE 309
PENALTIES
The basis of penalty in Theft is:
1. The value of the thing stolen, and in some cases,
2. The value and the nature of the property taken, or
3. The circumstances or causes that impelled the culprit
to commit the crime.
The offender is liable for theft of whole car taken to
another place, even if only the tires are taken away
(People v. Carpio, 54 Phil. 48).
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 ARTICLE 310
QUALIFIED THEFT
There is qualified theft in the following instances:
1. If theft is committed by a domestic servant
2. If committed with grave abuse of confidence
3. If the property stolen is (a) motor vehicle, (b) mail
matter or (c) large cattle
4. If the property stolen consists of coconuts taken from
the premises of plantation.
5. If the property stolen is taken from a fishpond or fishery
6. If property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance
Elements:
1. Taking of personal property;
2. That the said property belongs to another;
3. That the said taking be done with intent to gain;
4. That it be done without the owner’s consent;
5. That it be accomplished without the use of violence or
intimidation against persons, nor of force upon things;
and
6. That it be done with grave abuse of confidence
(People v. Puig, G.R. Nos. 173654-765, August 28,
2008).
Penalty for qualified theft is two degrees higher than that
provided in Art. 309.
Theft by domestic servant is always qualified, and it is
not necessary to show that it was committed with grave
abuse of confidence.
To constitute “grave abuse of confidence,” in the second
kind of qualified theft, there must be allegation in the
information and proof of a relation, by reason of
dependence, guardianship or vigilance between the
accused and the offended party, that has created a high
degree of confidence between them, which the accused
abused. (People v. Koc Song, G.R. No. L-45043, Aug.
28, 1936)
ANTI CARNAPPING ACT of 1972
(R.A. 6539)
Carnapping
Taking, with intent to gain, of motor vehicle belonging to
another without the latter’s consent, or by means of
violence against or intimidation of persons, or by using
force upon things.
Motor Vehicle
Any vehicle which is motorized using the streets which
are public, not exclusively for private use, comes within
185
the concept of motor vehicle. It includes all vehicles
propelled by power, other than muscular power.
If the OWNER, DRIVER OR OCCUPANT of a carnapped
vehicle is killed or raped in the course of the commission
of the carnapping or on the occasion thereof, the penalty
of reclusion perpetua to death shall be imposed.
Since Sec. 14 of RA 6539 uses the words “IS KILLED,”
no distinction must be made between homicide and
murder.
If the motor vehicle was not taken by the offender but
was delivered by the owner or the possessor to the
offender, who thereafter misappropriated the same, the
crime is either qualified theft or estafa
Qualified Theft only: If material or physical possession
was given to the offender.
Estafa only: If material plus juridical possession were
given to the offender.
CATTLE RUSTLING LAW of 1974
(P.D. 533)
Cattle Rustling
Is defined as the taking away by any means, method or
scheme, without the consent of the owner/raiser, of any
large cattle whether or not for profit or gain, or whether
committed with or without violence against or intimidation
of persons or force upon things. It includes the killing of
large cattle or taking it as meat or hide without the
consent of the owner/raiser.
Large Cattle
Shall include the cow, carabao, horse, mule, ass, or
other domesticated member of the bovine family. Goats
are not large cattle.
Presumption of Cattle Rustling
Failure to exhibit the required documents by any person
having in his possession, control, or custody of large
cattle, upon demand by competent authorities shall be
prima facie evidence that the large cattle in his
possession, control and custody are the fruits of the
crime of cattle rustling.
LAW ON ILLEGAL FISHING
(P.D. 534)
Illegal Fishing
The act of any person to catching, taking or gathering or
causing to be caught, taken or gathered fish or
fishery/aquatic products in Philippine waters with the use
of explosives, obnoxious or poisonous substances or by
the use of electricity.
Dealing in illegally caught fish or fishery/aquatic
products
Any person who possesses or deals in, sells or in any
manner disposes of, for profit, any fish, fishery/aquatic
products which have been illegally caught, taken or
gathered shall, upon conviction, be punished by
imprisonment.
“HIGHGRADING” OR THEFT OF GOLD
(P.D. 581)
“Highgrading” or Theft of Gold
The act of any person who shall take gold-bearing ores
or rocks from a mining claim or mining camp or shall
remove, collect or gather gold-bearing ores or rocks in
place or shall extract or remove the gold from such ores
or rocks, or shall prepare and treat such ores or rocks to
recover or extract the gold content thereof, without the
consent of the operator of the mining claim.
Presumption: Unauthorized possession by any person
within a mining claim or mining camp of gold-bearing
ores or rocks or of gold extracted or removed from such
ores or rocks shall be prima facie evidence that they
have been stolen from the operator of a mining claim
(Sec. 2).
ANTI – FENCING LAW
(P.D. 1612)
Elements:
1. Crime of robbery or theft has been committed;
2. Accused, who is not a principal or accomplice in the
commission of the crime of robbery or theft, buys,
receives, possesses, keeps, acquires, conceals, sells,
or disposes of, or shall buy and sell, or in any other
manner deal any article, item, object or anything of
value which he knows, or should be known to him, to
have been derived from the proceeds of said crime;
3. Accused knows or should have known that said article,
item, object or anything of value has been derived from
the proceeds of theft or robbery; and
4. Accused has intent to gain for himself or another.
Section 2. Definition of Terms.
Fencing
The act of any person who, with intent to gain for himself
or for another, shall buy, receive, possess, keep, acquire,
conceal, sell, or dispose of, or shall buy and sell, or in
any other manner deal any article, item, object or
anything of value which he knows, or should be known to
him, to have been derived from the proceeds of the crime
of robbery or theft.
Section 5. Presumption of Fencing.
Mere possession of any good, article, item, object, or
anything of value which has been the subject of robbery
or thievery shall be prima facie evidence of fencing.
Section 6. Clearance/Permit to Sell Used/ Second Hand
Articles.
All stores, establishments or entities dealing in the buy
and sell of any good, article, item, object or anything of
value shall, before offering the same for sale to the
public, secure the necessary clearance or permit from
the station commander of the Philippine National Police
in the town or city where such store, establishment or
entity is located.
Any person who fails to secure the required
clearance/permit shall also be punished as a fence.
Fencing is not a continuing offense. The court of the
place where fencing was committed has jurisdiction over
the case. The place where robbery or theft took place is
insignificant.
An accessory to the crime of robbery or theft may also be
held liable for fencing.
PRESIDENTIAL DECREE NO. 401
Penalizing the Unauthorized Installation of Water,
Electrical or Telephone Connections, the Use of
Tampered Water or Electrical Meters, and other Acts
(March 1, 1974)
Acts punished:
1. The use of tampered water or electrical meters to steal
water or electricity;
2. The stealing or pilfering of water and/or electrical
meters, electric and/or telephone wires;
3. Knowingly possessing stolen or pilfered water and/or
electrical meters and stolen or pilfered electric and/or
telephone wires.
Theft of electricity can also be committed by any of
the following means:
1. Turning back the dials of the electric meter;
2. Fixing the electric meter in such a manner that it will
not register the actual electric consumption;
3. Under-reading of electric consumption; and
4. Tightening screw or rotary blades to slow down the
rotation of the same (People v. Relova, No. L- 45129,
March 6, 1987).
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 PENALIZING TIMBER SMUGGLING OR ILLEGAL
CUTTING OF LOGS FROM PUBLIC FORESTS AND
FOREST RESERVES AS QUALIFIED THEFT
(P.D. NO. 330)
Any person, whether natural or juridical who directly or
indirectly cuts, gathers, removes, or smuggles timber, or
other forest products, either from any of the public forest,
forest reserves and other kinds of public forest, whether
under license or lease, or from any privately owned forest
land in violation of existing laws, rules and regulations
shall be guilty of the crime of qualified theft.
P.D. NO. 705
REVISING PRESIDENTIAL DECREE NO. 389,
OTHERWISE KNOWN AS THE FORESTRY REFORM
CODE OF THE PHILIPPINES
Acts punished:
1. Cutting, gathering and/or collecting timber or other
products without license from any forest land or timber
from alienable and disposable public lands or from
private lands shall be guilty of qualified theft under
Arts. 309 and 310 of the RPC;
2. Entering and occupying or possessing, or making
kaingin for his own private use or for others any forest
land without authority or destroying in any manner
such forest land or part thereof, or causing any
damage to the timber stand and other products and
forest growths found therein;
3. Grazing or causing to graze without authority livestock
in forest lands, grazing lands and alienable and
disposable lands which have not as yet been disposed
of in accordance with Public Land Act;
4. Occupying for any length of time without permit any
portion of the national parks system or cutting,
destroying, damaging, or removing timber or any
species of vegetation or forest cover and other natural
resources found therein or mutilating, defacing, or
destroying objects of natural beauty or of scenic value
within areas of the natural park system;
5. Selling or offering for sale any log, lumber, plywood or
other manufactured wood products in the international
or domestic market, unless he complies with the
grading rules established or to be established by the
Government.
ARTICLE 311
THEFT OF THE PROPERTY OF THE NATIONAL
LIBRARY AND NATIONAL MUSEUM
Theft of property on National Library and Museum has a
fixed penalty regardless of its value. But if the crime is
committed with grave abuse of confidence, the penalty
187
for qualified theft shall be imposed, because Art. 311
says “unless a higher penalty should be provided under
the provisions of this Code.”
CHAPTER FOUR: USURPATION
(ARTS. 312-313)
ARTICLE 312
OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN PROPERTY
Elements:
1. That the offender takes possession of any real
property or usurps any real rights in property;
2. That the real property or real rights belong to another;
3. That violence against or intimidation of persons is
used by the offender in occupying real property or
usurping real property or usurping real right in
property; and
4. That there is intent to gain.
Acts punished:
1. By taking possession of any real property belonging to
another by means of violence against or intimidation of
persons.
2. By usurping any real rights in property belonging to
another by means of violence against or intimidation of
persons.
There is only civil liability if there is no violence or
intimidation in taking possession.
Art. 312 does not apply when the violence or intimidation
took place subsequent to the entry. Violence or
intimidation must be the means used in occupying real
property or in usurping real rights and not in retaining
possession.
When there is no intent to gain, crime committed is
coercion.
When there is no violence or intimidation used and there
is no intent to gain, the crime is only malicious mischief.
Art. 312 only provides a penalty of fine. However, the
offender shall also suffer the penalty for acts of violence
executed by him. Art. 48 on complex crimes does not
apply.
Criminal action for usurpation of real property does not
bar a civil action for forcible entry.
Republic Act No. 947 punishes entering or occupying of
public agricultural land including public lands granted to
private individuals.
Squatters – As defined under Urban Development and
Housing Act, they are:
1. Those who have the capacity or means to pay rent or ARTICLE 315
for legitimate housing but are squatting anyway. SWINDLING/ESTAFA
2. Those who were awarded lots but sold or lease them
out. Elements in general:
3. Those who are intruders of lands reserved for 1. That the accused defrauded another by abuse of
socialized housing, pre-empting possession by confidence, or by means of deceit; and
occupying the same. 2. That damage or prejudice capable of pecuniary
estimation is caused to the offended party or third
Occupation of Real persons.
Property or
Theft/Robbery Damage or prejudice may consist of:
Usurpation of Real
Rights in Property 1. Offended party being deprived of his money or
property as a result of the defraudation;
Personal property is Real property or real 2. Disturbance in property rights;
taken. right is involved 3. Temporary prejudice.
Note: Profit or gain must be obtained by the accused
ARTICLE 313 personally and mere negligence in allowing another to
ALTERING BOUNDARIES OR LANDMARK benefit from the transaction is not estafa.

Elements: I. Estafa with Unfaithfulness or Abuse of Confidence

1. That there be boundary marks or monuments of towns,
provinces, or estates, or any other marks intended to
designate the boundaries of the same; and
2. That the offender alters said boundary marks.
Altering
Is understood in its general and indefinite meaning. Any
alteration is enough to constitute the material element of
the crime.
CHAPTER FIVE:
CULPABLE INSOLVENCY (ART. 314)
ARTICLE 314
FRAUDULENT INSOLVENCY
A. Estafa with unfaithfulness (Article 315, No. 1-A)
Elements:
1. That the offender has an onerous obligation to
deliver something of value;
2. That he alters its substance, quantity or quality;
3. That damage or prejudice capable of pecuniary
estimation is caused to the offended party or third
persons.
It is estafa even if the obligation be based on an
immoral or illegal obligation.
When there is no agreement as to the quality of
thing to be delivered, the delivery of the thing not
acceptable to the complainant is not estafa.

Elements: B. Estafa with abuse of confidence (Article 315

1. That the offender is a debtor, that is, he has obligations
due and demandable;
2. That he absconds with his property; and
3. That there be prejudice to his creditors.
Actual prejudice is required.
Real property may be the subject matter of fraudulent
insolvency.
Unlike in the Insolvency Law, Art. 314 does not require
for its application that the criminal act should have been
committed after the institution of insolvency proceedings.
It is not necessary that the defendant should have been
adjudged bankrupt or insolvent.
CHAPTER SIX: SWINDLING AND OTHER
DECEITS (ARTS. 315-318)
No.1-B)
Elements:
1. That money, goods, or other personal property be
received by the offender in trust, or on
commission, or for administration, or under any
other obligation involving the duty to make delivery
of, or to return, the same;
Money, goods or other personal property must
be received by the offender under certain kind
of transaction transferring juridical possession
to him.
When the thing is received by the offender
188 | C r i m i n a l L a w
 from the offended party (1) in trust, or (2) on
commission, or (3) for administration, the
offender acquires both material and juridical
possession of the thing received.
2. That there be misappropriation or conversion of
such money or property by the offender, or denial
on his part of such receipt;
3. That such misappropriation or conversion or
denial is to the prejudice of another; and
4. That there is demand made by the offended party
to the offender.
The 4th element is not necessary when there
is evidence of misappropriation of the goods
by the defendant.
Note: The second element shows three ways in
which estafa under this paragraph may be
committed:
a. Misappropriation of the thing received;
b. Conversion of the thing received; or
c. Denial of the receipt of the thing received.
Definition of Terms
1. Misappropriation (M) – the act of taking
something for one’s own benefit.
2. Conversion – the act of using or disposing of
another’s property as if it was one’s own; thing has
been devoted to a purpose or use other than that
agreed upon.
3. Material Possession (MP) – the actual physical
possession of personal property, where the
possessor cannot claim a better right to such
property than that of its owner.
4. Juridical Possession (JP) – is present when the
possession of the personal property arises from a
lawful causation, contract or agreement, express
or implied, written or unwritten or by virtue of a
provision of law.
In such a case, the possessor of the property has
a better right to it than the owner and may set up
his possession thereof against the latter due to the
lawful transaction between them.
5. Ownership (O) – There is ownership of the
personal property when there is no obligation to
return exactly the same property given or lent to
the possessor.
Take Note:
1. If the offender has been given Material Possession of
the personal property and he Misappropriates the
same, he is liable for the crime of THEFT.
189
MP + M = Theft
2. If the offender has been given Juridical Possession
and Material Possession of the personal property and
he Misappropriates the same, he is liable for the crime
of ESTAFA.
JP + MP + M = Estafa
3. If the person has been given the Ownership, Juridical
Possession, and Material Possession of the personal
property and he misappropriates the same, he is NOT
criminally liable and incurs only a CIVIL LIABILITY.
O + JP + MP + M = NO CRIME
The contracts of deposit, commodatum, lease, quasi-
contract of solutio indebiti and trust receipt transactions
are examples of obligations involving the duty to return or
make delivery.
The thing to be delivered or returned by the offender
must be the very object which he received.
The person prejudiced need not necessarily be the
owner of the property.
As for the element of demand, the law does NOT require
demand as a condition precedent to the crime of
embezzlement. The consummation of the crime
of estafa does not depend on the fact that a request for a
return of the money is first made and refused in order
that the author of the crime should comply with the
obligation to return the sum misapplied (Nepomuceno v.
People, G.R. No. 166246, April 30, 2008).
Demand under this kind of estafa need NOT be formal or
written (Asejo v. People, G.R. No. 157433, July 24,
2007).
Exceptions:
1. When the offender’s obligation to comply is subject to
a period, and
2. When the accused cannot be located despite due
diligence.
Is Novation a Ground to Extinguish Criminal Liability
under Estafa?
NO. The Novation of the contract or obligation AFTER
criminal liability for Estafa has been INCURRED is NOT
a ground to extinguish the offender’s criminal liability.
Novation is not one of the grounds for the extinguishment
of criminal liability under Art. 89 of the RPC.
HOWEVER, where such novation, occurs BEFORE the
criminal liability for Estafa has been incurred, that is C. Estafa by taking undue advantage of the
when not all the elements therefore are present, then no signature in blank (Article 315, No. 1-C)
criminal liability attaches. Criminal liability for Estafa Elements:
already committed is not affected by compromise or 1. That the paper with the signature of the offended
novation of contract, for it is a public offense which must party be in blank;
be prosecuted and punished by the state at its own 2. That the offended party should have delivered it to
volition (People vs. Florido, 12 C.A. Rep. 551). the offender;
3. That above the signature of the offended party a
Theft Estafa document is written by the offender without
The offender takes The offender receives authority to do so; and
the thing without the the thing from the 4. That the document so written creates a liability of,
owner’s consent. offended party. or causes damage to the offended party or any
third person.
The offender acquires The offender acquires
only the material or also the juridical
Note: If the paper with the signature in blank is
physical possession possession of the
stolen the crime is falsification of documents by
of the thing. thing and the offender
making it appear that he participated in a
misappropriates it.
transaction when in fact he did not.
Note: If an object was received to be sold, but instead it II. Estafa by Means of Deceit (Article 315, No. 2)
was pledged, estafa is committed. Elements:
1. That there must be false pretense, fraudulent act or
If an object was to be pledged, but instead it was sold, fraudulent means;
theft is committed. 2. That such false pretense, act or fraudulent means
must be made or executed prior to or simultaneously
with the commission of the fraud;
Estafa 3. That the offended party must have relied on the false
with abuse of Malversation pretense, fraudulent act, or fraudulent means, that
confidence is, he was induced to part with his money or property
Offenders are entrusted with funds or property. because of the false pretense, fraudulent act, or
Considered as continuing offenses. fraudulent means; and
The funds or property Usually public funds 4. That as a result thereof, the offended party suffered
are private. or property. damage.
Offender is a private Offender who is
There is no deceit if the complainant was aware of
individual or even a usually a public officer
the fictitious nature of the pretense.
public officer who is is accountable for
not accountable for public funds or
It is indispensable that the element of deceit,
public funds or property.
consisting in the false statement or fraudulent
property.
representation of the accused, be made prior to, or
There is no estafa Malversation can be at least simultaneously with, the delivery of the thing
through negligence. committed through by the complainant, it being essential that such false
abandonment or statement or fraudulent representation constitutes
negligence. the very cause or the only motive which induces the
Crime is committed by Crime is committed by complainant to part with the thing.
misappropriating, appropriating, taking
converting or denying or misappropriating or Fraudulent
having received consenting, or The acts must be characterized by, or founded on,
money, goods, or through abandonment deceit, trick or cheat.
other personal or negligence,
property. permitting any other Ways of commission:
person to take the A. Article 315 No. 2 (A):
public funds or 1. By using a fictitious name.
property. 2. By falsely pretending to possess (a) power, (b)

190 | C r i m i n a l L a w
 influence, (c) qualifications, (d) property, (e)
credit, (f) agency, (g) business or imaginary
transactions.
3. By means of other similar deceits.
There is use of fictitious name when a person
uses a name other than his real name. Thus,
when a person found a pawnshop ticket in the
name of another and, using the name of that
another person, redeemed the jewelry
mentioned therein, he committed estafa by
using fictitious name (People vs. Yusay, G.R.
No. L-26957, September 2, 1927).
The offender must be able to obtain
something from the offended party because of
the false pretense, that is, without which the
offended party would not have parted with it.
ILLEGAL RECRUITMENT
Under the Migrant Workers Act
(R.A. No. 8042 as amended by R.A. No. 10022)
Illegal Recruitment
Any act of canvassing, enlisting, hiring, or procuring
workers, including referring contract services,
promising or advertising for employment abroad,
whether for profit or not, when undertaken by a non-
licensee or non-holder of authority.
Any such non-licensee or non-holder of authority who,
for a fee, offers and promises employment abroad to
two or more persons shall be deemed so engaged in
illegal recruitment.
It shall likewise include the acts enumerated under
Sec. 5 of R.A. No. 10022, whether committed by any
person, whether a non-licensee, non-holder, licensee
or holder of authority.
Economic Sabotage:
1. Illegal recruitment by syndicate – committed by a
group of three (3) or more persons conspiring or
confederating with one another.
2. Large Scale Illegal Recruitment – committed against
three (3) or more persons.
Penalty for Illegal Recruitment involving economic
191
sabotage is punishable by life imprisonment and fine
of P2,000,000 to P5,000,000.
In People v. Calonzo (G.R. Nos. 115150-55, Sept.
27, 1996), The SC reiterated the rule that a person
convicted for illegal recruitment under the Labor
Code, as amended, can be convicted for estafa,
under Art 315 (par. 2), if the elements of the crime
are present.
B. Article 315 No. 2 (B)
By altering, the quality, fineness or weight of
anything pertaining to his art or business.
C. Article 315 No. 2 (C)
By pretending to have bribed any Government
employee.
The accused, by pretending to have bribed a
government employee, can be held further liable
for such calumny in a criminal action for either
slander or libel depending on how he recounted
the supposed bribery.
However, the crime committed is corruption of
public officer if the money was indeed given.
D. Article 315 No. 2 (D)
Elements:
1. That the offender postdated a check, OR
issued a check in payment of an obligation;
and
2. That such postdating or issuing a check was
done when the offender had no funds in the
bank, or his funds deposited therein were not
sufficient to cover the amount of the check.
The issuance by the offender of the check
(whether postdated or not), prior to or
simultaneous with the transaction, must be for
the purpose of contracting the obligation,
otherwise if the check is issued in payment of a
preexisting obligation, no estafa is committed,
only a civil liability.
If the check was issued by the debtor only for
security of the creditor, as in the nature of
promissory notes but not to be encashed, no
estafa will be involved.
Good faith is a defense in a charge of estafa by
postdating or issuing a check (People v.
Villapando, 56 Phil 31).
Estafa by issuing a bad check is a continuing
 offense.
There is prima facie evidence of deceit when the
drawer fails to pay or make arrangement for
payment three (3) days after receiving notice of
dishonor.
The payee or person receiving the check must be
damaged or prejudiced (Reyes, p.825).
BOUNCING CHECKS LAW
(B.P. Blg. 22)
Offenses Punished under BP 22:
A. Making or Drawing and issuing a check knowing at
the time of issue that he does not have sufficient
funds.
Elements:
1. That a person makes or draws and issues any
check to apply on account or for value;
2. That the person knows that at the time of issue he
does not have sufficient funds or credit with the
drawee bank for the payment of such check upon
its presentment; and
3. That the check is subsequently dishonored by the
drawee bank for insufficiency of funds or credit, or
would have been dishonored for the same reason
had not the drawer, without any valid reason,
ordered the bank to stop payment.
Requisites for Criminal Liability under BP 22
1. A person makes, draws or issues a check as
payment for account or for value;
2. That the check was dishonored by the bank due to
a lack of funds, insufficiency of funds or account
already closed;
3. The payee or holder of such check gives a written
notice of dishonor and demand for payment; and
4. That the maker, drawer or issuer, after receiving
such notice and demand, refuses or fails to pay
the value of the check within FIVE BANKING
DAYS.
It is not the making, drawing, or issuance, nor the
dishonor of the check which gives rise to a violation
of BP 22, but rather the failure to make good the
check within FIVE BANKING DAYS from receipt of
the Notice of Dishonor and Demand for Payment.
Take Note: While the written notice of dishonor and
demand is not an element in the violation of BP 22,
the failure to give such notice to the maker, drawer
or issuer of the bouncing check is FATAL to an
action to hold the latter criminally liable.
The full payment of the amount appearing in the
check within five banking days from notice of
dishonor is a "complete defense" against BP 22. The
absence of a notice of dishonor necessarily deprives
an accused an opportunity to preclude criminal
prosecution. Accordingly, procedural due process
clearly enjoins that a notice of dishonor be actually
served on the maker, drawer or issuer of the check.
He has a right to demand that the notice of dishonor
be actually sent to and received by him to afford him
the opportunity to avert prosecution under B.P. 22
(Lina Lim Lao v. People, G.R. No. 119178, June 20,
1997).
B. Failing to keep sufficient funds to cover the full
amount of the check.
Elements:
1. That a person has sufficient funds with the drawee
bank when he makes or draws and issues a check;
2. 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; and
3. That the check is dishonored by the drawee bank.
Note: The 90-day period stated above is NOT an
element of the violation of BP 22 by failing to keep
sufficient funds. As such, the maker, drawer or issuer
of the check is not discharged from his duty to maintain
a sufficient balance in his account for a reasonable
time even beyond the 90-day period. A “reasonable
time” according to current banking practice is 6 months
or 180 days, after which the check becomes stale.
Thus, where a check is presented beyond the 90-day
period, but within 180 days from the date indicated
therein, and it is dishonored due to a failure to maintain
a sufficient balance, the maker, drawer or issuer shall
still be liable for violation of BP 22 (Wong v. CA, GR
No. 117857, February 2, 2001).
Gravamen of BP 22 is the issuance of a worthless or
bum check.
Evidence of Knowledge of Insufficient Funds:
Refusal of drawee bank to pay the check due to
insufficiency of funds when presented within 90 days
from the date of the check shall be prima facie
knowledge of insufficiency of funds, unless the drawer
or maker pays the holder the amount due thereon or
makes arrangements for the payment thereof by the
drawee within five (5) banking days after receipt of
notice that the check was dishonored.
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Under SC Administrative Circular 12-2000, as BP 22 Estafa (RPC)
clarified by A.C. 13-2001: The drawer is given Given 3 days after
5 days after receiving notice of
Where the circumstances of both the offense and the receiving notice of dishonor.
offender clearly indicate good faith or a clear mistake dishonor within
of fact without taint of intelligence, the imposition of which to pay or
fine alone should be considered as the more make arrangements
appropriate penalty. for payment.
That there are no That there are no
The Administrative Circular merely lays down a RULE funds or no funds or there are
OF PREFERENCE in the application of the penalties sufficient funds at insufficient funds at
provided for in B.P. 22. The circular does not delete the time of issuance the time of
the penalty of imprisonment, for should the judge or at the time of issuance.
decide that imprisonment is the more appropriate presentment if
penalty; the circular ought not to be a hindrance. made within 90
days.
Prosecution under BP 22 shall be without prejudice to The maker or Not necessary that
any liability for any violation in the RPC. drawer and issuer the drawer should
knows at the time of know at the time
The fine under BP 22 is based on the amount of the issue that he does that he issued the
check and is without regard to the amount of damage not have sufficient check that the
caused. fund in or credit funds deposited in
with the drawee the bank were not
The accused will be liable for the dishonor of the check bank for the sufficient to cover
even if it was issued in payment of a preexisting legal payment of the the amount of the
obligation as he issued that check “to apply on check in full. check.
account.” Mere issuance of a No presumption of
check that is knowledge arises.
BP 22 Estafa (RPC) dishonored gives
Endorser is not Endorser who acted rise to the
liable. with deceit knowing presumption of
that the check is knowledge of
worthless will be insufficiency of
criminally liable. funds.
Malum prohibitum Malum in se
Issuance of check It is the means to E. Article 315, No. 2(E)
is for value or on obtain the valuable 1. By obtaining food, refreshment or
account. consideration from accommodation at hotel, inn, restaurant,
the payee (debt is boarding house, lodging house or apartment
not preexisting). house without paying therefor, with intent to
Deceit and damage False pretenses or defraud the proprietor or manager thereof;
are not elements of deceit and damage, 2. By obtaining credit at any of the said
the crime; the or at least intent to establishments by the use of any false pretense;
gravamen of the cause damage, are 3. By abandoning or surreptitiously removing any
offense is the essential and the part of his baggage from any of the said
issuance of the false pretenses establishments after obtaining credit, food,
unfunded check. must be prior to or refreshment or accommodation therein, without
simultaneous with paying therefor.
the damage
caused. III. Estafa Through the Following Fraudulent Means
A. Estafa by inducing another to sign any
document (Article 315 No. 3A)
Elements:
1. That the offender induced the offended party to
sign a document;

193
 2. That deceit be employed to make him sign the
document;
3. That the offended party personally signed the
document; and
4. That prejudice be caused.
Note: If offended party willingly signed the
document and there was deceit as to the
character or contents of the document, the crime
committed is falsification. BUT where the
accused made representation as to mislead the
complainant as to the character of the
documents, it is considered estafa.
B. Estafa by resorting to some fraudulent
practice to insure success in gambling (Article
315 No. 3B)
C. Estafa by removing, concealing or destroying
documents (Article 315 No. 3C)
Elements:
1. That there be court record, office files,
documents or any other papers;
2. That the offender removed, concealed or
destroyed any of them; and
3. That the offender had intent to defraud another.
Infidelity in
Custody of Estafa
Document
Same manner of committing the crime.
Offender is a public The offender is a
officer who is private individual or
officially entrusted public officer who is
with the document. not officially
entrusted with the
documents.
Intent to defraud is There is intent to
not necessary. defraud.
If there is no intent to defraud, the crime
committed is malicious mischief.
ARTICLE 316
OTHER FORMS OF SWINDLING
Persons liable:
1. Any person who, pretending to be the owner of any
real property, shall convey, sell, encumber or mortgage
the same.
Elements:
a. That the thing be immovable, such as a parcel of
land or a building; (property must actually exist)
b. That the offender who is not the owner of said
property should represent that he is the owner
thereof;
c. That the offender should have executed an act of
ownership (selling, leasing, encumbering or
mortgaging the real property);
d. That the act be made to the prejudice of the owner
or a third person.
Note: If the thing is not existing, the crime is estafa by
means of false pretenses under Article 315 (2a).
2. Any person who, knowing that real property is
encumbered, shall dispose of the same, although such
encumbrance be not recorded.
Elements:
a. That the thing disposed of be real property.
b. That the offender knew that the real property was
encumbered, whether the encumbrance is
recorded or not. (principle of constructive notice
does not apply)
c. That there must be express representation by the
offender that the real property is free from
encumbrance.
d. That the act of disposing of the real property be
made to the damage of another.
Note: If the thing is a personalty, Article 319 applies.
Encumbrance
Includes every right or interest in the land which
exists in favor of third persons
3. The owner of any personal property who shall
wrongfully take it from its lawful possessor, to the
prejudice of the latter or any third person.
Elements:
a. That the offender is the owner of personal property;
b. That said personal property is in the lawful
possession of another;
c. That the offender wrongfully takes it from its lawful
possessor; (if from unlawful possessor, Art. 429 of
the Civil Code applies)
d. That prejudice is thereby caused to the possessor or
third person.
Note: The crime will still be estafa even if the owner
takes the personalty from the lawful possessor under
the modes of taking in theft or robbery which latter
crimes cannot be committed by the owner on his
property (Regalado, 2008).
4. Any person who, to the prejudice of another, shall
execute any fictitious contract.
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5. Any person who shall accept any compensation for
services not rendered or for labor not performed.
This act requires fraud as an essential element. If there
is no fraud, it only becomes solutio indebiti, with the
civil obligation to return the wrong payment.
6. Any person who shall sell, mortgage or encumber real
property with which the offender guaranteed the
fulfillment of his obligation as surety.
Elements:
a. That the offender is a surety in a bond given in a
criminal or civil action;
b. That he guaranteed the fulfillment of such obligation
with his real property or properties;
c. That he sells, mortgages, or, in any manner
encumbers said real property; and
d. That such sale, mortgage or encumbrance is (1)
without express authority from the court, or (2) made
before the cancellation of his bond, or (3) before being
relieved from the obligation contracted by him.
Since the penalty of fine prescribed in Art. 316 is based
on the “value of the damage caused,” mere intent to
cause damage is not sufficient. There must be actual
damage caused by the act of the offender. (Reyes, p.
848)
ARTICLE 317
SWINDLING A MINOR
Elements:
1. That the offender takes advantage of the inexperience
or emotions or feelings of a minor;
2. That he induces such minor to assume an obligation,
or to give release, or to execute a transfer of any
property right;
3. That the consideration is some loan of money, credit,
or other personal property; (if real property, Art. 318
applies; minor cannot convey real property without
judicial authority); and
4. That the transaction is to the detriment of such minor.
ARTICLE 318
OTHER DECEITS
Acts Punished:
1. By defrauding or damaging another by any other deceit
not mentioned in the preceding articles.
2. By interpreting dreams, by making forecasts, telling
fortunes, by taking advantage of the credulity of the
public in any other manner, for profit or gain.
REPUBLIC ACT NO. 8484
ACCESS DEVICES REGULATION ACT OF 1998
195
Definition of terms
1. Access Device – any card, plate, code, account
number, electronic serial number, personal
identification number, or other telecommunications
service, equipment, or instrumental identifier, or other
means of account access that can be used to obtain
money, good, services, or any other thing of value or to
initiate a transfer of funds (other than a transfer
originated solely by paper instrument).
2. Counterfeit Access Device – any access device that
is counterfeit, fictitious, altered, or forged, or an
identifiable component of an access device or
counterfeit access device.
3. Unauthorized Access Device – any access device
that is stolen, lost, expired, revoked, canceled,
suspended, or obtained with intent to defraud.
4. Access Device Fraudulently Applied for – any
access device that was applied for or issued on
account of the use of falsified document, false
information, fictitious identities and addresses, or any
form of false pretense or misrepresentation.
5. Consumer – a natural person.
6. Credit Card – any card, plate, coupon book, or other
credit device existing for the purpose of obtaining
money, goods, property, labor or services or any thing
of value on credit.
7. Device Making or Altering Equipment – any
equipment, mechanism or impression designed or
primarily used for making or altering or re-encoding an
access device or a counterfeit access device.
8. Finance Charges – represent the amount to be paid
by the debtor incident to the extension of credit such
as interest or discounts, collection fees, credit
investigation fees, and other service charges.
9. Open-end-credit plan – a consumer credit extended
on an account pursuant to a plan under which:
a. The creditor may permit the person to make
purchase or obtain loans, from time to time, directly
from the creditor or indirectly by use of credit card, or
other service;
b. The person has the privilege of paying the balance;
or
c. A finance charge may be computed by the creditor
from time to time on an unpaid balance.
10. Penalty Charges – such amount, in addition to
interest, imposed on the credit card holder for non-
payment of an account within a prescribed period.
11. Produce – includes design, alter, authenticate,
duplicate or assemble.
12. Trafficking – transferring, or otherwise disposing of,
to another, or obtaining control of, with intent to
transfer or dispose of.
Acts Prohibited (Section 9)
The following acts shall constitute access device
fraud and are hereby declared to be unlawful:
1. Producing, using, trafficking in one or more
counterfeit access devices;
2. Trafficking in one or more unauthorized access
devices or access devices fraudulently applied for;
3. Using, with intent to defraud, an unauthorized
access device;
4. Using an access device fraudulently applied for;
5. Possessing one or more counterfeit access devices
or access devices fraudulently applied for;
6. Producing, trafficking in, having control or custody
of, or possessing device-making or altering
equipment without being in the business or
employment, which lawfully deals with the
manufacture, issuance, or distribution of such
equipment;
7. Inducing, enticing, permitting or in any manner
allowing another, for consideration or otherwise to
produce, use, traffic in counterfeit access devices,
unauthorized access devices or access devices
fraudulently applied for;
8. Multiple imprinting on more than one transaction
record, sales slip or similar document, thereby
making it appear that the device holder has entered
into a transaction other than those which said device
holder had lawfully contracted for, or submitting,
without being an affiliated merchant, an order to
collect from the issuer of the access device, such
extra sales slip through an affiliated merchant who
connives therewith, or, under false pretenses of
being an affiliated merchant, present for collection
such sales slips, and similar documents;
9. Disclosing any information imprinted on the access
device, such as, but not limited to, the account
number or name or address of the device holder,
without the latter's authority or permission;
10. Obtaining money or anything of value through the
use of an access device, with intent to defraud or
with intent to gain and fleeing thereafter;
11. Having in one's possession, without authority from
the owner of the access device or the access device
company, an access device, or any material, such
as slips, carbon paper, or any other medium, on
which the access device is written, printed,
embossed, or otherwise indicated;
12. Writing or causing to be written on sales slips,
approval numbers from the issuer of the access
device of the fact of approval, where in fact no such
approval was given, or where, if given, what is
written is deliberately different from the approval
actually given;
13. Making any alteration, without the access device
holder's authority, of any amount or other
information written on the sales slip;
14. Effecting transaction, with one or more access
devices issued to another person or persons, to
receive payment or any other thing of value;
15. Without the authorization of the issuer of the access
device, soliciting a person for the purpose of:
a. Offering an access device; or
b. Selling information regarding or an application to
obtain an access device; or
16. Without the authorization of the credit card system
member or its agent, causing or arranging for
another person to present to the member or its
agent, for payment, one or more evidence or records
of transactions made by credit card.
Conspiracy to commit access device fraud. (Section
11) are punishable under this code.
Frustrated and attempted access device fraud
(Section 12) is also punishable.
Accessory to access device fraud (Section 13) Any
person who, with intent to gain for himself or for another,
buys, receives, possesses, keeps, acquires, conceals,
sells, or disposes of, shall buy and sell, or in any manner
deal in any article, item, object or anything of value which
he knows or should be known to him, to have been
acquired through the use of counterfeit access device or
an unauthorized access device or an access device
known to him to have been fraudulently applied for, shall
be considered as an accessory to an access device. Said
person shall be prosecuted under this Act or under the
Anti-Fencing Law of 1979 (Presidential Decree No. 1612)
whichever imposes the longer prison term as penalty for
the consummated offense.
Presumption and prima facie evidence of intent to
defraud (Section 14)
The mere possession, control or custody of:
a. An access device, without permission of the owner or
without any lawful authority;
b. A counterfeit access device;
c. Access device fraudulently applied for;
d. Any device-making or altering equipment by any
person whose business or employment does not
lawfully deal with the manufacture, issuance, or
distribution of access device;
e. An access device or medium on which an access
device is written, not in the ordinary course of the
possessor's trade or business; or
f. A genuine access device, not in the name of the
possessor, or not in the ordinary course of the
possessor's trade or business, shall be prima facie
evidence that such device or equipment is intended to
be used to defraud.
A cardholder who abandons or surreptitiously leaves the
196 | C r i m i n a l L a w
place of employment, business or residence stated in his
application or credit card, without informing the credit
card company of the place where he could actually be
found, if at the time of such abandonment or surreptitious
leaving, the outstanding and unpaid balance is past due
for at least ninety (90) days and is more than Ten
thousand pesos (P10,000.00), shall be prima facie
presumed to have used his credit card with intent to
defraud.
If the mortgagee elected to file a suit for collection,
not foreclosure, thereby abandoning the mortgage
as basis for relief, the removal of the property is not
a violation of par 1 of Art 319.
Chattel mortgage must be valid and subsisting.
B. By selling or pledging personal property already
pledged, or any part thereof, under the terms of the
Chattel Mortgage Law, without the consent of the
mortgagee written on the back of the mortgage and
noted on the record thereof in the office of the
register of deeds of the province where such
property is located.

Sale or Pledge of Mortgaged Property

Elements:
1. Personal property is already pledged under
Chattel Mortgage Law;
CHAPTER SEVEN: CHATTEL 2. Offender, who is the mortgagor, sells or pledges
MORTGAGE (ART. 319) the same property or any part thereof; and
3. No consent of mortgagee written on the back of
ARTICLE 319 the mortgage and noted on the record thereof in
REMOVAL, SALE OR PLEDGE OF MORTGAGED the Office of the Register of Deeds.
PROPERTY
Damage to the mortgagee is not essential.
Acts punished:
A. By knowingly removing any personal property Disposing of
Estafa
mortgaged under the Chattel Mortgage Law to any Encumbered Property
province or city other than the one in which it is The property involved is The property involved is
located at the time of execution of the mortgage, personal property. real property.
without the written consent of the mortgagee or his Selling or pledging of To constitute estafa, it is
executors, administrators or assigns. personal property sufficient that the real
already pledged or property mortgaged be
Removal of Mortgaged Property mortgaged is committed sold as free, even
Elements: by the mere failure to though the vendor may
1. That personal property is mortgaged under Chattel obtain the consent of the have obtained the
Mortgage Law; mortgagee in writing, consent of the
2. That the offender knows that such property is so even if the offender mortgagee in writing.
mortgaged; should inform the
3. That he removes such mortgaged personal purchaser that the thing
property to any province or city other than the one sold is mortgaged.
in which it was located at the time of the execution The purpose of the law The purpose is to
of the mortgage; is to protect the protect the purchaser,
4. That the removal is permanent; and mortgagee. whether the first or the
5. That there is no written consent of mortgagee, second.
executors, administrators, or assigns to such
removal. CHAPTER EIGHT: ARSON AND OTHER
CRIMES INVOLVING DESTRUCTIONS
The removal of the mortgaged personal property (ARTS. 320-326B)
must be coupled with intent to defraud.

A third person, other than the mortgagor, may be ARTICLE 320-326-B

held liable REPEALED BY PD 1613

197
 PD 1613 – AMENDING THE LAW ON ARSON
Kinds of Arson:
1. Arson (Sec. 1, PD No. 1613)
2. Destructive arson (Art. 320, as amended by RA No.
7659)
3. Other cases of arson (Sec. 3, PD No. 1613)
Arson
When any person burns or sets fire to the property of
another, or his own property under circumstances which
expose to danger the life or property of another. (Sec. 1,
PD 1613); It is the malicious destruction of property by
fire.
Destructive Arson (Art. 320, RPC)
Burning of:
1. One (1) or more buildings or edifices, consequent to
one single act of burning, or as a result of
simultaneous burnings, or committed on several or
different occasions;
2. Any building of public or private ownership, devoted to
the public in general or where people usually gather or
congregate for a definite purpose such as, but not
limited to, official governmental function or business,
private transaction, commerce, trade workshop,
meetings and conferences, or merely incidental to a
definite purpose such as but not limited to hotels,
motels, transient dwellings, public conveyances or
stops or terminals, regardless of whether the offender
had knowledge that there are persons in said building
or edifice at the time it is set on fire and regardless
also of whether the building is actually inhabited or not;
3. Any train or locomotive, ship or vessel, airship or
airplane, devoted to transportation or conveyance, or
for public use, entertainment or leisure;
4. Any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the
service of public utilities; or
5. Any building the burning of which is for the purpose of
concealing or destroying evidence of another violation
of law, or for the purpose of concealing bankruptcy or
defrauding creditors or to collect from insurance.
There is also Destructive Arson: (Art. 320, RPC)
1. When the arson is committed by 2 or more persons,
regardless of whether their purpose is merely to burn
or destroy the building or the burning merely
constitutes an overt act in the commission of another
violation of the law.
2. When any person shall burn:
a. Any arsenal, shipyard, storehouse or military power
or fireworks factory, ordinance, storehouse, archives
or general museum of the Government; or
b. In an inhabited place, any storehouse or factory of
inflammable or explosive materials.
Other cases of Arson: (Sec. 3, PD 1613)
Burning of:
1. Any building used as offices of the Government or any
of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine
shaft, platform or tunnel;
4. Any plantation, farm, pasture land, growing crop, grain
field, orchard, bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill, or mill central; or
6. Any railway or bus station, airport, wharf, or
warehouse.
Special Aggravating Circumstance on Arson (Sec. 4,
PD 1613):
1. If committed with intent to gain.
2. If committed for the benefit of another.
3. If the offender is motivated by spite or hatred towards
the owner or occupant of the property burned.
4. If committed by a syndicate – planned or carried out by
three or more persons
Prima facie evidence of Arson (Sec. 6, PD 1613):
1. If the fire started simultaneously in more than one part
of the building or establishment.
2. If substantial amount of flammable substances or
materials are stored within the building not of the
offender nor for the household.
3. If gasoline, kerosene, petroleum or other flammable or
combustible substances or materials soaked therewith
or containers thereof, or any mechanical, electrical,
chemical, or electronic contrivance designed to start a
fire, or ashes or traces of any of the foregoing are
found in the ruins or premises of the burned building or
property.
4. If the building or property is insured for substantially
more than its actual value at the time of the issuance
of the policy.
5. If during the lifetime of the corresponding fire insurance
more than two fires have occurred in the same or other
premises owned or under the control of the offender
and/or insured.
6. If shortly before the fire, a substantial portion of the
effects insured and stored in a building or property had
been withdrawn from the premises except in the
ordinary course of business.
7. If a demand for money or other valuable consideration
was made before the fire in exchange for the
desistance of the offender or for the safety of the
person or property of the victim.
Conspiracy to commit arson is punished. (Sec. 7, PD
1613)
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The building which is the object of arson including the
land on which it is situated shall be confiscated and
escheated to the State. (Sec. 8, PD 1613)
Examples of Attempted, frustrated or consummated
arson:
a. A person, intending to burn a wooden structure,
collects some rags, soaks them in gasoline and places
them beside the wooden wall of the building. When he
is about to light a match to set fire to the rags, he is
discovered by another who chases him away.
The crime committed is attempted arson, because the
offender commences the commission of the crime
directly by overt acts (placing the rags soaked in gasoline
beside the wooden wall of the building and lighting a
match) but he does not perform all the acts of execution
(the setting of fire to the rags) due to the timely
intervention of another who chases away the offender.
If that person is able to light or set fire to the rags but the
fire was put out before any part of the building was
burned, it is frustrated.
But if before the fire was put out, it had burned a part of
the building, it is consummated.
b. The crime is classified only as frustrated arson,
inasmuch as the defendant performed all the acts
conceive to the burning of said house, but
nevertheless, owing to causes independent of his will,
the criminal act which he intended was not produced.
The offense committed cannot be classified as
consummated arson by the burning of said inhabited
house, for the reason that no part of the building had
yet commenced to burn, although, as the piece of sack
and the rag, soaked in kerosene oil, had been placed
near partition of the entresol, the partition might have
started to burn, had the fire not been put out on time.
(U.S. v. Valdez; G.R. No. L-14128, Dec. 10, 2918)
c. Any charring of the wood of a building, whereby the
fiber of the wood is destroyed, is sufficient. It is
necessary that the wood should be ablaze.
And the mere fact that a building is scorched or
discolored by heat is not sufficient to constitute
consummated arson.
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
199
burned.
When there is fire, the crime committed is either
frustrated (e.g. set fire to the blankets but fire was put
out before any part of the building was burned) or
consummated arson, never attempted.
There is no complex crime of arson with homicide. If by
reason of or on the occasion of arson, death results,
the penalty of reclusion perpetua to death shall be
imposed. The crime of homicide is absorbed.
CHAPTER NINE: MALICIOUS MISCHIEF
(ARTS. 327-331)
Malicious Mischief
Is the willful damaging of another’s property for the sake
of causing damage due to hate, revenge or other evil
motive.
ARTICLE 327
MALICIOUS MISCHIEF
Elements:
1. That the offender deliberately caused damage to the
property of another;
2. That such act does not constitute arson or other crimes
involving destruction; and
3. That the act of damaging another’s property be
committed merely for the sake of damaging it.
This third element presupposes that the offender acted
due to hate, revenge or other evil motive. This crime
cannot be committed thru reckless imprudence or thru
violence in the course of a fight.
If there is no malice in causing the damage, the
obligation is only civil.
Damage
In malicious mischief means not only loss but also a
diminution of what is a man’s own. Thus, damage to
another’s house includes defacing it.
Damage of property must not result from a crime.
Malicious mischief does not necessarily involve moral
turpitude.
It is theft when there is intent to gain as when the
offender removes or makes use of the fruits or objects of
the damage (Art 308, par 2) .
 ARTICLE 328
SPECIAL CASES OF MALICIOUS MISCHIEF
1. Causing damage to obstruct the performance of public
functions;
2. Using poisonous or corrosive substances;
3. Spreading any infection or contagion among cattle;
4. Causing damage to the property of the National
Museum or National Library, or to any archive or
registry, waterworks, road, promenade, or any other
thing used in common by the public.
These are called qualified malicious mischief.
The mischief mentioned in the first case (no. 1) is to be
distinguished from sedition (Art. 139), in that the element
of public and tumultuous uprising is not present in this
crime.
ARTICLE 329
OTHER MISCHIEFS
Mischiefs not included in the next preceding article and
are punished according to the value of damage caused.
ARTICLE 330
DAMAGE AND OBSTRUCTION TO MEANS OF
COMMUNICATION
Person liable: Any person who shall damage any
railway, telegraph or telephone lines.
Qualifying circumstance: Damage shall result in the
derailment of cars, collision or other accident.
For the purpose of the provisions of Art. 330, the electric
wires, traction cables, signal system, and other things
pertaining to railways, shall be deemed to constitute an
integral part of a railway system. Art. 330 does not apply
when the telegraph or telephone do not pertain to
railways.
ARTICLE 331
DESTROYING OR DAMAGING STATUES, PUBLIC
MONUMENTS OR PAINTINGS
Persons liable:
1. Any person who shall destroy or damage statues or
any other useful or ornamental public monuments.
2. Any person who shall destroy or damage any useful or
ornamental painting of a public nature.
CHAPTER TEN: EXEMPTION FROM
CRIMINAL LIABILITY IN CRIMES
AGAINST PROPERTY
(ART. 332) (ARTS. 327-331)
ARTICLE 332
PERSONS EXEMPT FROM CRIMINAL LIABILITY
Crimes involved in the exemption:
1. Theft
2. Swindling (estafa)
3. Malicious mischief
Persons exempted:
1. Spouses, ascendants and descendants, or relatives by
affinity in the same line.
2. The widowed spouse with respect to the property
which belonged to the deceased spouse before the
same shall have passed to the possession of another.
3. Brothers and sisters and brothers in law and sisters in
law, if living together.
4. Stepfather, adopted father, natural children, concubine,
paramour included as ascendants by affinity.
Also applies to common-law spouses.
No criminal liability but only civil liability shall result from
the commission of any of the said crimes.
The exemption does not apply to strangers participating
in the commission of the crime.
The exemption does not apply if the crimes of theft,
swindling and malicious mischief are complexed with
another crime.
Crimes against chastity are also referred to as private
crimes, or crimes which cannot be prosecuted de officio,
because of the requirement that the prosecution thereof
be upon a sworn written complaint of the offended party
or certain persons authorized by law.
The crimes against chastity which cannot be
prosecuted de officio are:
a. Adultery (Art. 333)
b. Concubinage (Art. 334)
c. Acts of lasciviousness with or without consent (Arts.
336, 339)
d. Seduction whether qualified or simple (Arts. 337, 338),
and
e. Abduction which may be forcible or consented (Arts.
342, 343)
But corruption of minors (Art. 340) and white slave trade
(Art. 341) can be prosecuted de officio.
TITLE ELEVEN: CRIMES
AGAINST CHASTITY
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CHAPTER ONE: ADULTERY AND
CONCUBINAGE (ARTS. 333-334)
ARTICLE 333
ADULTERY
Who are liable?
1. The married woman who engages in sexual
intercourse with a man not her husband.
2. The man who, knowing of the marriage of the woman,
has sexual intercourse with her.
Elements:
1. That the woman is married;
2. That she has sexual intercourse with a man not her
husband; and
3. That as regards the man with whom she has sexual
intercourse, he must know her to be married.
Adultery is committed even if the marriage is
subsequently declared void.
The death of the paramour will not bar prosecution
against the unfaithful wife, because the requirement
that both offenders be included in the complaint is
absolute only when the offenders are alive.
The death of the offended party will not terminate the
proceedings.
Each occasion of sexual intercourse constitutes a
crime of adultery.
The criminal liability is mitigated when adultery is
committed while abandoned by spouse without
justification.
Abandonment without justification is not an exempting
circumstance but is merely mitigating.
There is no crime of frustrated adultery.
Acquittal of one of the defendants will not automatically
acquit the other:
a. There may not be a joint criminal intent, although
there is a joint physical act.
b. One of the parties may be insane and the other is
sane.
c. The man may not know that the woman is married.
d. The death of the woman during the pendency of the
action cannot defeat the trial and conviction of the
man.
201
e. A married man who does not know of the married
status of the woman may be liable for concubinage,
if he appears to be guilty of any of the acts defined in
Art. 334.
Requirements for pardon:
1. Must come before the institution of the criminal
prosecution; and
2. Both offenders must be pardoned.
There is an implied pardon:
Act of intercourse with offending spouse subsequent to
the adulterous conduct.
When there is consent, whether implied or expressed, of
the husband, he cannot institute a criminal complaint for
adultery.
Under the law there can be no accomplice in the crime of
adultery, although in fact there can be such an
accomplice.
Recrimination
Husband’s illicit relationship does not absolve but may
mitigate wife’s liability for adultery.
ARTICLE 334
CONCUBINAGE
Who are liable?
1. The married man.
2. The woman who knew that the man was married.
Elements:
1. That the man must be married;
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling
(mistress must live therein as such);
b. Having sexual intercourse under scandalous
circumstances with a woman who is not his wife
(proof of actual sexual relations not required as long
as it can be inferred);
c. Cohabiting with her in any other place (as husband
and wife);
3. As regards the woman, she must know him to be
married.
Conjugal dwelling
Means the home of the husband and wife even if the wife
happens to be temporarily absent on any account.
Scandalous circumstances are not necessary to make a
husband guilty of concubinage by keeping a mistress in
the conjugal dwelling.
Scandal – consists in any reprehensible word or deed
that offends public conscience, redounds to the detriment
of the feelings of honest persons, and gives occasion to
the neighbor’s spiritual damage or ruin.
Cohabit – means to dwell together, in the manner of
husband and wife, for some period of time, as
distinguished from occasional transient interviews for
unlawful intercourse.
Adultery is more severely punished than concubinage.
Reason: Because adultery makes possible the
introduction of another man’s blood into the family so that
the offended husband may have another man’s son
bearing his (husband’s) name and receiving support from
him.
Art. 335 has been repealed by RA No. 8353 (Anti-Rape
Law of 1997) effective Oct. 22, 1997. Provisions on Rape
are found in Arts. 266-A to 266-D under Crimes Against
Persons.
REPUBLIC ACT NO. 9995
ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009
Photo or video voyeurism means the act of taking
photo or video coverage of a person or group of persons
performing sexual act or any similar activity or of
capturing an image of the private area of a person or
persons without the latter's consent, under
circumstances in which such person/s has/have a
reasonable expectation of privacy, or the act of selling,
copying, reproducing, broadcasting, sharing, showing or
exhibiting the photo or video coverage or recordings of
such sexual act or similar activity through VCD/DVD,
internet, cellular phones and similar means or device
without the written consent of the person/s involved,
notwithstanding that consent to record or take photo or
video coverage of same was given by such person's
Prohibited Acts
1. To take photo or video coverage of a person or group
of persons performing sexual act or any similar activity
or to capture an image of the private area of a person/s
such as the naked or undergarment clad genitals,
public area, buttocks or female breast without the
consent of the person/s involved and under
circumstances in which the person/s has/have a
reasonable expectation of privacy;
2. To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of sexual
act or any similar activity with or without consideration;
3. To sell or distribute, or cause to be sold or distributed,
such photo or video or recording of sexual act, whether
it be the original copy or reproduction thereof; or
4. To publish or broadcast, or cause to be published or
broadcast, whether in print or broadcast media, or
show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and other
similar means or device.
CHAPTER TWO: ACTS OF
LASCIVIOUSNESS (ART. 336)
ARTICLE 336
ACTS OF LASCIVIOUSNESS
Elements:
1. That the offender commits any act of lasciviousness or
lewdness;
2. That the act of lasciviousness is committed against a
person of either sex;
3. That it is done under any of the following
circumstances:
a. By using force or intimidation; or
b. When the offended party is deprived of reason or
otherwise unconscious; or
c. By means of fraudulent machination or grave abuse
of authority; or
d. When the offended party is under 12 years of age or
is demented.
The crime is unjust vexation in the absence of any of the
above-mentioned circumstances (circumstances of rape).
Attempted Rape Acts of Lasciviousness
The acts performed by There is no intent to have
offender clearly indicate sexual intercourse.
that his purpose was to
lie with the offended
woman, it is attempted.
The lascivious acts are The lascivious acts are
but the preparatory acts the final objective sought
to the commission of by the offender.
rape.
Manner of commission is the same.
The performance of lascivious character is common
to both.
Lewd – obscene, lustful, indecent, lecherous.
What constitutes lewd or lascivious conduct must be
determined from the circumstances of each case. The
presence or absence of the lewd designs is inferred from
the nature of the acts themselves and the environmental
circumstances.
202 | C r i m i n a l L a w
There can be no attempted and frustrated acts of Procedure).
lasciviousness.

In People v. Jalosjos (GR No. 132876-279, Nov. 16,

2001), the SC adopted the definition of “lascivious
conduct” in Sec. 32, Art. XIII of the Implementing Rules CHAPTER THREE: SEDUCTION,
and Regulations of RA 7610, which reads as follows: CORRUPTION OF MINORS, AND WHITE
SLAVE TRADE
(ARTS. 337-341)
“The intentional touching, either directly or through
clothing, of the genitalia, anus, groin, breast, inner thigh
or buttocks; or the introduction of any object into the ARTICLE 337
genitalia, anus or mouth of any person, whether of the QUALIFIED SEDUCTION
same or opposite sex, with an intent to abuse, humiliate,
harass, degrade, or arouse or gratify the sexual desire of Seduction
any person; bestiality, masturbation, lascivious exhibition Means enticing a woman to unlawful sexual intercourse
of the genitals or pubic area of a person.” by promise of marriage or other means of persuasion
without use of force.

Two classes:
1. Seduction of a virgin over 12 years and under 18 years
Who must prosecute criminal actions of age by persons who abuse their authority or the
confidence reposed in them.
R.A. 7610 Acts of 2. Seduction of a sister by her brother or descendant by
Lasciviousness her ascendant, regardless of her age and reputation.
Complaints on cases of
unlawful acts committed Elements:
against the children as The offenses of 1. That the offended party is a virgin;
enumerated herein may seduction, abduction 2. She must be over 12 and under 18 years of age;
be filed by the following: and acts of 3. That the offender had sexual intercourse with her; and
lasciviousness shall 4. That there is abuse of authority, confidence or
a. Offended party; not be prosecuted relationship on the part of the offender.
b. Parents or guardians; except upon a
c. Ascendant or complaint filed by the Virgin
collateral relative offended party or her Refers to a woman of chaste character or a woman of
within the third degree parents, good reputation. Virginity in this sense does NOT mean
of consanguinity; grandparents or physical virginity.
d. Officer, social worker guardian, nor, in any
or representative of a case, if the offender Virginity is presumed if the woman is unmarried and of
licensed child-caring has been expressly good reputation.
institution; pardoned by any of
e. Officer or social them. If the offended If there is no sexual intercourse and only acts of
worker of the party dies or lewdness are performed, the crime is acts of
Department of Social becomes lasciviousness under Art. 339.
Welfare and incapacitated before
Development; she can file the The following are the OFFENDERS:
f. Barangay chairman; complaint, and she 1. Those who abused their authority:
or has no known a. Persons in public authority
g. At least three (3) parents, b. Guardian
concerned grandparents or c. Teacher
responsible citizens guardian, the State d. Person who, in any capacity, is entrusted with the
where the violation shall initiate the education or custody of the woman seduced
occurred(Sec. 27) criminal action in her 2. Those who abused confidence reposed in them:
behalf (Section 5, a. Priest
Rule 110, Revised b. House servant
Rules on Criminal c. Domestic

203
3. Those who abused their relationship: Acts of Acts of
a. Brother who seduced his sister Lasciviousness Lasciviousness with
b. Ascendant who seduced his descendant Consent of the
Offended Party
A “domestic” is different from a house servant, it
means any person living under the same roof as a Both treat of acts of lasciviousness.
member of the same household, and includes The offended party is a The offended party
boarders or house-guests but not transients or visitors. female or a male. should only be female.
The acts are committed The acts of
The fact that the girl gave her consent to the sexual under circumstances lasciviousness are
intercourse is no defense. In the same way, lack of which, had there been committed under the
consent of the girl is not an element of the offense. carnal knowledge, circumstances which,
would amount to rape. had there been carnal
The seduction of a sister or descendant is known as knowledge, would
incest. Virginity of the sister or descendant is not amount to either
required and she may be over 18 years of age. qualified seduction or
Relationship must be by consanguinity. The simple seduction.
relationship need not be legitimate.

ARTICLE 338
SIMPLE SEDUCTION
Elements:
1. That the offended party is over 12 and under 18 years
of age;
2. That she must be of good reputation, single or widow;
3. That the offender has sexual intercourse with her; and
4. That it is committed by means of deceit.
Deceit generally takes the form of unfulfilled promise of
marriage.
It is not required in simple seduction that the victim be a
virgin.
The gist of qualified seduction is the abuse of authority,
confidence, or relationship as the means of committing
the crime. In simple seduction, it is the use of deceit. But
in both kinds of seduction, there must be sexual
intercourse.
ARTICLE 339
ACTS OF LASCIVIOUSNESS WITH THE CONSENT
OF THE OFFENDED PARTY
Elements:
1. That the offender commits acts of lasciviousness or
lewdness;
2. That the acts are committed upon a woman who is a
virgin or single or a widow of good reputation, under 18
years of age but over 12 years, or a sister or
descendant regardless of her reputation or age; and
3. That the offender accomplishes the acts by abuse of
authority, confidence, relationship or deceit.
There is an oversight in the law where the victim is
exactly 12 years of age. If the victim is below 12, the
crime will be rape, or unconsented acts of lasciviousness
or forcible abduction. Hence Art. 339 stating “over 12
years of age” should be construed as twelve years of age
and over, thus construing the doubt in favor of the
accused.
ANTI-SEXUAL HARRASMENT ACT
(R.A. No. 7877)
Persons liable:
Employer, employee, manager, supervisor, teacher,
professor, instructor, coach, trainor, or any other person
having authority, influence, or moral ascendancy over
another in a work, education or training-related
environment.
Acts Punished:
Demanding, requesting, or otherwise requiring any
sexual favor from the other, regardless of whether the
demand, request, or requirement is accepted by the
object of the act.
ARTICLE 340
CORRUPTION OF MINORS
(AS AMENDED BY BP 92)
Acts Punished
To promote or facilitate the prostitution or corruption of
persons under age to satisfy the lust of another.
Under age means under 18 years of age.
The victim must be of good reputation and not a

204 | C r i m i n a l L a w
prostitute or corrupted person.
It is not necessary that the unchaste acts shall have been
done since what is being punished is mere act of
promotion or facilitation.
Special Protection of Children Against Child Abuse
Act (R.A. 7610) – Child prostitution and attempt to
commit child prostitution are punished under this Act.
Sec. 5. Child Prostitution and other Sexual Abuse –
Children whether male or female, who for
child inside the room or cubicle of a house, an inn, hotel,
motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or
secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be
exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution,
under paragraph (b) of Section 5 hereof when any
person is receiving services from a child in a sauna
parlor or bath, massage clinic, health club and other
similar establishments.

money, profit or other consideration or due to the ARTICLE 341

coercion or influence of any adult syndicate or group, WHITE SLAVE TRADE
indulge in sexual intercourse or lascivious conduct are
deemed to be children exploited in prostitution and other Prohibited acts:
sexual abuse. 1. Engaging in the business of prostitution.
2. Profiting by prostitution.
3. Enlisting the services of women for the purpose of
Persons liable: prostitution.
1. Those who engage in or promote, facilitate or induce
child prostitution which include, but are not limited to Corruption of Minors White Slave Trade
the following:
It is essential that Minority need not be
a. Acting as a procurer of a child prostitute.
victims are minors. involved.
b. Inducing a person to be a client of a child prostitute
by means of written or oral advertisements or other May have victims of Limited only to
similar means. either sex. females.
c. Taking advantage of influence or relationship to May not necessarily be Generally for profit.
procure a child as a prostitute. for profit.
d. Threatening or using violence towards a child to
engage him/her as a prostitute. Committed by a single Generally committed
e. Giving monetary consideration, goods or other act. habitually.
pecuniary benefit to a child with the intent to engage
such child in prostitution. The first two modes require the element of profit and
habituality. In the third mode, the profit motive is not
2. Those who commit the act of sexual intercourse or required. (Regalado)
lascivious conduct with a child exploited in prostitution
or subjected to other sexual abuse. White slave trade may be with or without the consent of
3. Those who derive profit or advantage therefrom, the woman, while slavery for the purpose of assigning
whether as manager or owner of the establishment the woman to immoral traffic (Art. 272) is committed
where the prostitution takes place, or of the sauna, against her will.
disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in CHAPTER FOUR: ABDUCTION
prostitution in addition to the activity for which the (ARTS. 342-343)
license has been issued to said establishment. (Sec 5,
RA 7610)
Abduction
Note: There is also a crime of attempted child The taking away of a woman from her house or the place
prostitution under Sec 5 pars. 1 and 2 of RA 7610 (Sec where she may be for the purpose of carrying her to
6, RA 7610). another place with intent to marry or corrupt her.

There is an attempt to commit child prostitution under Two Kinds of Abduction:

Section 5, paragraph (a) hereof when any person who, 1. Forcible abduction (Art. 342)
not being a relative of a child, is found alone with the said 2. Consented abduction (Art. 343)

205
 ARTICLE 344
ARTICLE 342 PROSECUTION OF THE CRIMES OF ADULTERY,
FORCIBLE ABDUCTION CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE
AND ACTS OF LASCIVIOUSNESS
Elements:
1. That the person abducted is a woman; regardless of 1. Adultery and concubinage must be prosecuted upon
her age, civil status, or reputation; the complaint signed by the offended spouse (and in
2. That the abduction is against her will; and the absence of an express or implied pardon).
3. That the abduction is with lewd design. 2. Seduction, abduction and acts of lasciviousness must
be prosecuted upon the complaint signed by (and in
Grave Coercion/ the absence of an express pardon) offended party –
Forcible Abduction a. Even if a minor;
Kidnapping
b. If of legal age and not incapacitated, only she can
With lewd design No lewd design
file complaint.
There is no deprivation There is deprivation of
of liberty. liberty. If a minor or incapacitated and refuses to file either
of the next succeeding persons may file:
Conviction of acts of lasciviousness is not a bar to a. Either of the parents;
conviction of forcible abduction. b. Either of the grandparents whether paternal or
maternal side;
Attempted Rape is absorbed by Forcible Abduction as c. Legal or judicial guardians;
the former constitutes the element of lewd design. d. The State, as parens patriae when the offended
party dies or becomes incapacitated before she
If girl is under 12 – crime is ALWAYS FORCIBLE could file the complaint and she has no known
ABDUCTION even if she voluntarily goes with her parents, grandparents or guardians.
abductor.
Pursuant to R.A. No. 8353, rape is now a crime
Sexual intercourse is not necessary in forcible abduction. against persons, which may be prosecuted de
The intent to seduce the girl is sufficient. officio.

ARTICLE 343 In adultery and concubinage, the offended party

CONSENTED ABDUCTION must institute the criminal prosecution against both
the guilty parties, if they are alive.
Elements:
1. That the offended party must be a virgin; The right to file the action granted to the parent,
2. That she must be over 12 and under 18 years if age; grandparent or guardian shall be exclusive of all
3. That the taking away of the offended party must be other persons and shall be exercised successively in
with her consent, after solicitation or cajolery from the the order provided by law.
offender; and
4. That the taking away of the offended party must be Effects of Pardon
with lewd designs. Pardon in adultery and concubinage must come
before the institution of the criminal action and both
Crimes against Chastity where age and reputation of offenders must be pardoned by the offended party if
the victim are immaterial: said pardon is to be effective.
1. Acts of lasciviousness against the will of the offended
party or against a sister or descendant. Pardon in seduction must also come before the
2. Qualified Seduction of sister or descendant. institution of the criminal action.
3. Forcible Abduction
Condonation is not pardon in concubinage or
CHAPTER FIVE: PROVISIONS
RELATING TO THE PRECEDING
adultery – any subsequent act of the offender
CHAPTERS OF TITLE ELEVEN showing that there was no repentance will not bar
(ARTS. 344-346) the prosecution of the offense.

Pardon by the offended party who is a minor must

have the concurrence of parents – except when the

206 | C r i m i n a l L a w
 offended party has no parents. Persons who act as accomplices in crimes against
chastity (EXCEPT adultery and concubinage where there
Marriage of the offender with the offended party in can be no accomplices or accessories), shall be
seduction, abduction and acts of lasciviousness punished as principals.
extinguishes criminal action or remits the penalty
already imposed, and it benefits the co-principals, In addition, teachers or persons entrusted with education
accomplices and accessories. In rape, it extends and guidance of the youth are penalized with
only as to the principal. disqualification.
ARTICLE 345
CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES Furthermore, all those falling within the terms of this
AGAINST CHASTITY article shall be punished with special disqualification from
the office of guardian.
Persons who are guilty of rape, seduction or
abduction shall also be sentenced:
1. To indemnify the offended woman;
2. To acknowledge the offspring, EXCEPT:
a. In adultery and concubinage since only a natural
child may be acknowledged;
b. Where either the offended party or the accused is
married;
c. When paternity cannot be determined as in multiple
rape; and
d. Other instances where the law should prevent the
offender from doing so;
3. In every case to support the offspring.

Note: Under the Family Code, children are classified as

only either legitimate or illegitimate, with no further
positive act required from the parent, as the law itself
provides the child’s status. Natural children under the
Civil Code fall within the classification of illegitimate
children under the Family Code.
Art. 176 of the Family Code confers parental authority
over illegitimate children on the mother and provides their
entitlement to support in conformity with the Family
Code.
ARTICLE 346
LIABILITY OF ASCENDANTS, GUARDIANS,
TEACHERS, OR OTHER PERSONS ENTRUSTED
WITH THE CUSTODY OF THE OFFENDED PARTY
Persons who cooperate as accomplices but are punished
as principals in seduction, abduction, acts of
lasciviousness, acts of lasciviousness with the consent of
the offended party, corruption of minors, white slave
trade:
1. Ascendants,
2. Guardians,
3. Curators,
4. Teachers, and
5. Any person, who cooperates as accomplice with abuse
of authority or confidential relationship.
TITLE TWELVE: CRIMES AGAINST
THE CIVIL STATUS OF PERSONS
CHAPTER ONE: SIMULATION OF
BIRTHS AND USURPATION OF CIVIL
STATUS (ARTS. 347-348)
ARTICLE 347
SIMULATION OF BIRTHS, SUBSTITUTION OF ONE
CHILD FOR ANOTHER, AND CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE CHILD
Acts punished:
1. Simulation of births;
2. Substitution of one child for another;
3. Concealing or abandoning any legitimate child with
intent to cause such child to lose its civil status.
Object of the crime under Art. 347 is the creation of false,
or the causing of the loss of, civil status.
Simulation of births
Takes place when the woman pretends to be pregnant
when in fact she is not, and on the day of the supposed
delivery, takes the child of another as her own.
The operative act in the simulation is the registration of

207
the child in the registry of births as the pretending
parents own.
The simulation which is a crime is that which alters the
civil status of person.
The woman who simulates birth and the one who
furnishes the child are both liable as principals.
The unlawful sale of the child by its father was held to be
not punishable under the RPC (US vs. Capillo et. al., 30
Phil 349). Now, it is punishable under PD 603, with its
Art. 59(3) which imposes 2-6 months imprisonment
and/or P500.00 fine. Furthermore, if the accused shall
engage in trading and dealing with children, including the
act of buying and selling of child, that crime of child
trafficking is punished with reclusion temporal to
reclusion perpetua under Sec 7, R.A. No. 7610.
In concealing or abandoning any legitimate child,
three requisites must be present, namely:
1. The child must be legitimate;
2. The offender conceals or abandons such child; and
3. The offender has the intent to cause such child to lose
its civil status.
The child must be legitimate and a fully developed and
living being (U.S. v. Capillo, et al., 30 Phil. 355).
Abandon
Means to leave a child in a public place where other
people may find the child.
Art. 276 (Abandoning a Minor) distinguished from
Art. 347
Abandoning a Minor Simulation of Births,
Substitution of One
Child for Another,
and Concealment or
Abandonment of a
Legitimate Child
Crime against security. Crime against the civil
status of a person.
The offender must be The offender is any
the one who has the person.
custody of the child.
The purpose of the The purpose is to
offender is to avoid the cause the child to lose
obligation of rearing its civil status.
and caring for the
child.
ARTICLE 348
USURPATION OF CIVIL STATUS
Usurping the civil status of another is committed by
assuming the filiation, or the parental or conjugal rights of
another with intent to enjoy the rights arising from the
civil status of the latter.
Note: Crime is qualified if the purpose is to defraud
offended parties and heirs.
It is absolutely necessary in order to constitute this crime
that the intent of the offender is to enjoy the rights arising
from the civil status of the person impersonated.
Otherwise, the case will only be a violation of Art. 178 for
using a fictitious name, or as estafa under Art. 315.
Example, where the intent of such usurpation is merely to
enjoy or use the usurped civil rights, as by using
another’s license or getting a cedula in another’s name,
to avoid military service or to get a passport, it would not
be punishable under this article (II Cuello Calon, Codigo
Penal, 10th edition, p. 670). The offender could be liable
for using fictitious name (Art. 178) or estafa if he intended
to defraud third persons (Art. 315), or possibly perjury or
falsification depending on the acts he performed in
connection with his intended offense.
CHAPTER TWO: ILLEGAL MARRIAGES
(ARTS. 349-352)
ARTICLE 349
BIGAMY
Elements:
1. That the 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 or subsequent marriage;
and
4. That the second or subsequent marriage has all the
essential requisites for validity.
First marriage must be valid. If it is void or voidable,
bigamy may still be committed if there is no judicial
declaration of nullity or annulment of the first marriage.
Bigamy is a public crime, thus, its prosecution may be
initiated by anyone.
A person convicted of bigamy may still be prosecuted for
concubinage.
208 | C r i m i n a l L a w
The death of the first spouse during the pendency of the
bigamy case does not extinguish the crime, because
when the accused married the second spouse the first
marriage was still subsisting.
The second spouse who knew of the first marriage is an
accomplice, as well as the person who vouched for the
capacity of either of the contracting parties.
The prescriptive period for the crime of bigamy does not
commence from the commission thereof but from the
time of its discovery by the complainant spouse. While, it
may be conceded that the bigamous marriage was
celebrated publicly in church and recorded in the Office
of the Civil Registrar, the rule on constructive notice
cannot apply (Regalado, Criminal Law Conspectus).
In Tenebro v. CA (G.R. No. 150758, Feb. 18, 2004), the
SC held that a declaration of the nullity of the second
marriage on the ground of psychological incapacity is of
absolutely no moment insofar as the
State’s penal laws are concerned. Since a marriage
contracted during the subsistence of a valid marriage is
automatically void, the nullity of this second marriage is
not per se an argument for the avoidance of criminal
liability for bigamy.
ARTICLE 350
MARRIAGE CONTRACTED AGAINST PROVISIONS
OF LAWS
(Illegal Marriage)
Elements:
1. That the offender contracted marriage; and
2. That he knew at the time that
a. The requirements of the law were not complied with;
or
b. The marriage was in disregard of a legal
impediment.
The offender must not be guilty of bigamy.
QUALIFYING CIRCUMSTANCE: If either of the
contracting parties obtains the consent of the other by
means of violence, intimidation or fraud.
Conviction of a violation of Art. 350 involves moral
turpitude.
ARTICLE 351
PREMATURE MARRIAGES
209
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 his death.
2. A woman whose marriage having been annulled or
dissolved, married before delivery or before expiration
of the period of 301 days after the date of legal
separation.
Period may be disregarded if the first husband was
impotent or sterile or if the woman was pregnant before
the death of the first husband and gave birth within the
said period.
The period of 301 days is important only in cases where
the woman is not pregnant, or does not know that she is
pregnant at the time she becomes a widow. If she is
pregnant at the time she becomes a widow, the
prohibition is good only up to delivery.
Since the purpose of this article is to avoid cases of
doubtful paternity, the woman will not be liable
thereunder if: (a) she has already delivered; and (b) she
has conclusive proof that she was not pregnant by her
first spouse since he was permanently sterile (People vs.
Masinsin, CA, 49 OG 3908).
ARTICLE 352
PERFORMANCE OF ILLEGAL MARRIAGES
Priests or ministers of any religious denomination or sect,
or civil authorities who shall perform or authorize any
illegal marriage ceremony shall be punished under the
Marriage Law.
Art. 352 presuppose that the priest or minister or civil
authority is authorized to solemnize marriages. If the
accused is not authorized to solemnize marriage and he
performs an illegal marriage ceremony, he is liable under
Art. 177 (usurpation of authority or public function).
The solemnizing officer of any of the foregoing illegal
marriages who performs or authorizes the same, despite
his knowledge of the illegality, shall be punished under
Sec. 39 of Act No. 3613.
TITLE THIRTEEN: CRIMES AGAINST
HONOR
CHAPTER ONE: LIBEL
(ARTS. 353-362)

SECTION ONE: DEFINITIONS, FORMS, AND
PUNISHMENT OF THE CRIME
ARTICLE 353
LIBEL
Elements:
1. That there must be an imputation of a crime, or a vice
or defect, real or imaginary, or any act, omission,
condition, status or circumstance;
2. That the imputation must be made publicly;
3. That it must be malicious;
4. That the imputation must be directed at a natural
person or a juridical person, or one who is dead; and
5. That the imputation must tend to cause the dishonor,
discredit, or contempt of the person defamed.
Test of defamatory imputation:
A charge is sufficient if the words are calculated to
induce the hearers to suppose and understand that the
person against whom they were uttered was guilty of
certain offenses, or are sufficient to impeach the honesty,
virtue or reputation, or to hold him up to public ridicule.
The meaning of the writer is immaterial. However, if
criminal intention is imputed against another, it is not
considered libelous.
An expression of opinion by one affected by the act of
another and based on actual fact is not libelous.
Imputation may cover:
1. Crime allegedly committed by the offended party;
2. Vice or defect, real or imaginary, of the offended party;
3. Any act, omission, condition, status of, or
circumstances relating to the offended party.
Dishonor
Means disgrace, shame, ignominy.
Discredit
Means loss of credit or reputation; disesteem.
Contempt
Means state of being despised.
Publication
Is the communication of the defamatory matter to some
third person or persons. Thus, sending a letter containing
defamatory words against another to a third person is
sufficient publication.
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 to be malicious from the
defamatory imputation even if it is true; proof is not
required because it is presumed to exist from the
defamatory imputation.
When the communication is PRIVILEGED, malice is not
presumed from the defamatory words. Malice (in fact)
must be proved.
Guidelines when several persons are defamed:
1. If the defamation is made on different occasions or by
independent acts, there are as many crimes of libel as
there are persons directly addressed with such
statements or directly referred to.
2. If the defamation is made on a single occasion:
a. Where the same was directed at a class or group of
numerous persons in general terms only without any
particular person being directly addressed, there is
no victim identified or identifiable, hence no
actionable libel.
b. If the statement is so sweeping or all embracing as
to apply to every individual in that group or class so
that each individual therein can prove that the
defamatory statement specifically pointed to him, he
can bring his action separately.
c. If several identifiable victims are libeled in a single
article, there are as many crimes of libel as there are
persons defamed.
ARTICLE 354
REQUIREMENT FOR PUBLICITY
Every Defamatory Imputation is presumed to be
Malicious, Even if it be True.
The PRESUMPTION is rebutted if it is shown by the
accused that –
1. The defamatory imputation is true, in case the law
allows proof of the truth of the imputation (see Art.
361);
2. It is published with good intention;
3. There is justifiable motive for making it.
MALICE is not presumed in the following cases
involving qualifiedly privileged communication:
1. Private communication made by any person to another
in the performance of any legal, moral or social duty.
Requisites of the first kind of privileged
communication:
1. That the person who made the communication had a
legal, moral or social duty to make the communication,
or, at least, he had an interest to be upheld;
2. That the communication is addressed to an officer or a
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 board, or superior, having some interest or duty in the
matter; and
3. That the statements in the communication are made in
good faith without malice (in fact).
The defense of privileged communication will be
overcome if it is shown that (1) the defendant acted
with malice in fact, or (2) there is no reasonable ground
for believing the charge to be true.
4. A fair and true report, made in good faith, without any
comments or remarks, of any judicial, legislative, or
other official proceedings which are not of confidential
nature or of any statement, report, or speech delivered
in said proceedings, or of any other act performed by
public officers in the exercise of their functions.
Requisites of the second kind of privileged
communication:
1. That it is fair and true report of a judicial, legislative, or
other official proceedings which are not of a
confidential nature, or of a statement, report or speech
delivered in said proceedings, or of any other act
performed by a public officer in the exercise of his
functions;
2. That it is made in good faith; and
3. That it is without any comments or remarks.
Therefore, qualified privileged communications must be
made with malice and bad faith in order to be actionable.
An absolutely privileged communication is not actionable
even if made in bad faith. Specifically recognized in the
Constitution as absolutely privileged are statements
made in official proceedings of Congress by members
thereof, as an implementation of their parliamentary
immunity.
Statements made in judicial proceedings are privileged
but only if pertinent or relevant to the case involved.
Enumeration under Art. 354 is not an exclusive list of
qualifiedly privileged communication.
Defamatory remarks and comments on the conduct or
acts of public officers which are related to the discharge
of their official duties will not constitute libel if the
defendant proves the truth of the imputation.
Doctrine of Fair Comment
Means that while in general every discreditable
imputation publicly made is deemed false, because every
man is presumed innocent until his guilt is judicially
proved, and every false imputation is directed against a
public person in his public capacity, it is not necessarily
actionable.
211
Criticism
Deals only with such things as shall invite public attention
or call for public comment. It does not follow a public man
into his private life nor pry into his domestic concerns.
If one’s good name is assailed in the newspaper, he may
reply by defending himself, and if his reply is made in
good faith, without malice and is not unnecessarily
defamatory of his assailant, it is privileged. (People v.
Baja, C.A., 40 O.G. Supp. 5, 206)
Retaliation or vindictiveness cannot be a basis of self-
defense.
THE ANTI-WIRE TAPPING ACT
(R.A. No. 4200)
Unlawful acts by any person or participant, not
authorized by all the parties to any private
communication or spoken word:
1. To tap any wire or cable.
2. To use any other device or arrangement to secretly
overhear, intercept or record such communication or
spoken word by using a device known as dictaphone,
dictagraph, detectaphone, walkie-talkie or tape-
recorder.
3. To knowingly possess any tape/wire or disc record of
any communication or spoken word or copies thereof.
4. To replay the same for any person or persons.
5. To communicate the contents thereof, verbally or in
writing.
6. To furnish transcriptions thereof, whether complete or
partial.
Exception: When a peace officer is authorized by written
order from the court.
Any recording, communication or spoken word obtained
in violation of the provisions of this Act shall be
INADMISSIBLE IN EVIDENCE in any judicial, quasi-
judicial or administrative hearing or investigation.
The phrase “any other device or arrangement” does not
cover an extension line (Gaanan v. IAC, G.R. No. L-
69809, October 16, 1986).
ARTICLE 355
LIBEL BY MEANS OF WRITINGS
OR SIMILAR MEANS
Committed by means of:
1. Writing
2. Printing
3. Lithography
4. Engraving
5. Radio
6. Phonograph
7. Painting
8. Theatrical exhibition
9. Cinematographic exhibition
10. Or any similar means
Defamation through amplifier system is slander not libel.
If defamatory remarks are made in the heat of passion
which culminated in a threat, the derogatory statements
will not constitute an independent crime of libel but a part
of the more serious crime of threats.
Administrative Circular No. 08-2008, issued on
January 25, 2008, laid down a rule of preference for the
imposition of a fine only rather than imprisonment in libel
cases. The Administrative Circular provides that:
1. It does not remove imprisonment as an alternative
penalty for the crime of libel under Art. 355 of the RPC.
2. The Judges may, in the exercise of sound discretion,
and taking into consideration the peculiar
circumstances of each case, determine whether the
imposition of a fine alone would best serve the
interests of justice or whether forbearing to impose
imprisonment would depreciate the seriousness of the
offense, work violence on the social order, or otherwise
be contrary to the imperatives of justice.
3. Should only a fine be imposed and the accused be
unable to pay the fine, there is no legal obstacle to the
application of the RPC provisions on subsidiary
imprisonment.
ARTICLE 356
THREATENING TO PUBLISH AND OFFER TO
PREVENT SUCH PUBLICATION FOR A
COMPENSATION
Acts punished:
1. Threatening another to publish a libel concerning him,
or his parents, spouse, child or other members of the
family.
2. Offering to prevent the publication of such libel for
compensation or money consideration.
This is also known as blackmail. Art. 283 regarding light
threats is another form of blackmail.
Blackmail
Any lawful extortion of money by threats of accusation or
exposure.
It is essential that the threat to publish, or to offer to
prevent the publication of libel must be for a
compensation or money consideration, in order it may be
penalized under this article.
Blackmail is possible in the following crimes:
a. Light threats (Art 283)
b. Threatening to publish, or offering to prevent the
publication of, a libel for compensation (Art 356)
ARTICLE 357
PROHIBITED PUBLICATION OF ACTS REFERRED TO
IN THE COURSE
OF OFFICIAL PROCEEDINGS
Elements:
1. That the offender is a reporter, editor or manager of a
newspaper, daily or magazine;
2. He publishes facts connected with the private life of
another; and
3. Such facts are offensive to the honor, virtue and
reputation of said person.
This article is referred to as the Gag Law because while
a report of an official proceeding is allowed, it gags those
who would publish therein facts which this article
prohibits, and punishes any violation thereof.
The Gag Law prohibits the publication of cases relating
to adultery, divorce, legitimacy of children, etc.
Under Republic Act No. 1477:
A newspaper reporter cannot be compelled to reveal the
source of the news report he made, unless the court or a
House or committee of Congress finds that such
revelation is demanded by the security of the state.
ARTICLE 358
SLANDER (Oral Defamation)
Kinds:
1. Simple slander; and
2. Grave slander, when it is of a serious and insulting
nature.
Factors that determine the gravity of the oral
defamation:
1. Expressions used;
2. Personal relations of the accused and the offended
party;
3. Circumstances surrounding the case;
4. Social standing and position of the offended party.
The slander need not be heard by the offended party.
Gossiping is considered as oral defamation if a
defamatory fact is imputed or intriguing against honor if
there is no imputation.
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Self-defense in slander may only be invoked if his reply is
made in good faith, without malice, is not necessarily
defamatory to his assailant and is necessary for his
explanation or defense.
ARTICLE 359
SLANDER BY DEED
Slander by Deed
Is a crime committed by performing any act which casts
dishonor, discredit or contempt upon another person.
Elements:
1. That the offender performs any act not included in any
other crime against honor;
2. That such act is performed in the presence of other
persons; and
3. That such act casts dishonor, discredit, or contempt
upon the offended party.
If there is no intent to dishonor the offended party, the
crime is maltreatment by deed under Art. 266.
ARTICLE 361
PROOF OF TRUTH
When proof of the truth is admissible in a charge for
Libel:
1. When the act or omission imputed constitutes a crime
regardless of whether the offended party is a private
individual or a public officer.
2. When the offended party is a Government employee,
even if the imputation does not constitute a crime,
provided it is related to the discharge of his official
duties.
The proof of truth of the accusation cannot be based
upon mere hearsay, rumors or suspicion. It must be
positive, direct evidence upon which a definite finding
may be made by the court.
Defense in Defamation:
1. It appears that the matters charged as libelous is true;
2. It was published with good motives; AND
3. For a justifiable ends.

Slander by deed is of two kinds:

1. Simple slander by deed; and
2. Grave slander by deed, that is, which is of a serious
nature.

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. Incriminating
Innocent Defamation
SECTION TWO: GENERAL PROVISIONS Persons
Imputation is public
ARTICLE 360 Offender does not avail
PERSONS RESPONSIBLE FOR LIBEL and malicious
himself of written or
calculated to cause
spoken word in
1. The person who publishes, exhibits or causes the dishonor, discredit, or
besmirching the
publication or exhibition of any defamation in writing or contempt upon the
victim’s reputation.
similar means. offended party.
2. The author or editor of a book or pamphlet.
3. The editor or business manager of a daily newspaper ARTICLE 362
magazine or serial publication. LIBELOUS REMARKS
4. The owner of the printing plant which publishes a
libelous article with his consent and all other persons Libelous remarks or comments connected with the matter
who in any way participate in or have connection with privileged under the provisions of Art. 354, if made with
its publication. malice, shall not exempt the author thereof nor the editor
or managing editor of a newspaper from criminal liability.
An independent civil action may be filed simultaneously
or separately in the same RTC where the criminal action
was filed and vice versa. ADMINISTRATIVE CIRCULAR No. 08-2008

213
 GUIDELINES IN THE OBSERVANCE OF A RULE OF Elements:
PREFERENCE IN THE IMPOSITION OF PENALTIES IN 1. That the offender performs an act;
LIBEL CASES. 2. That by such act he directly incriminates or imputes to
an innocent person the commission of a crime; and
Article 355 of the Revised Penal Code penalizes libel, 3. That such act does not constitute perjury.
committed by means of writing, printing, lithography,
engraving, radio, phonograph, painting, theatrical Incriminating
exhibition, cinematographic exhibition, or any similar Perjury by Making
Innocent
means, with prision correctional in its minimum and False Accusation
Persons
medium periods or fine ranging from 200 to 6,000
Limited to the act of Giving of false
pesos, or both, in addition to the civil action which may
planting evidence and statement under oath
be brought by the offended party.
the like in order to or making a false
incriminate an innocent affidavit, imputing to
In the following cases, the Court opted to impose only a person. the person the
fine on the person convicted of the crime of libel: commission of a crime.

In Fernando Sazon v. Court of Appeals and People of the It is committed by It is committed when
Philippines (G.R. No. 120715, March 29, 1996) the Court performing an act by the imputation was
modified the penalty imposed upon petitioner, an officer which the offender falsely made before an
of a homeowners’ association, for the crime of libel from directly incriminates or officer.
imprisonment and fine in the amount of P200.00, to fine imputes to an innocent
only of P3,000.00, with subsidiary imprisonment in case person the commission
of insolvency, for the reason that he wrote the libelous of a crime.
article merely to defend his honor against the malicious
messages that earlier circulated around the subdivision, ARTICLE 364
which he thought was the handiwork of the private INTRIGUING AGAINST HONOR
complainant.
Committed by any person who shall make any intrigue
which has for its principal purpose to blemish the honor
In Quirico Mari v. Court of Appeals and People of the
or reputation of another.
Philippines( 388 Phil. 269, 279, 2000) ,where the crime
involved is slander by deed, the Court modified the
This refers to such intrigues against a person’s honor or
penalty imposed on the petitioner, an ordinary
reputation which are not otherwise punished under other
government employee, from imprisonment to fine of
articles of the RPC. It differs from defamation in that it
P1,000.00, with subsidiary imprisonment in case of
consists of tricky or secret plots and may be committed
insolvency, on the ground that the latter committed the
without using written or spoken words which are
offense in the heat of anger and in reaction to a
defamatory.
perceived provocation.

In Jose Alemania Buatis, Jr. v. People of the Philippines Intriguing Against

Defamation
and Atty. Jose Pieraz (G.R. No. 142509, March 24, Honor
2006), the Court opted to impose upon petitioner, a Source of derogatory Source is known.
lawyer, the penalty of fine only for the crime of libel statements cannot be
considering that it was his first offense and he was determined.
motivated purely by his belief that he was merely Consists of some tricky Committed in a public
exercising a civic or moral duty to his client when wrote and secret plot. and malicious manner.
the defamatory letter to private complainant.
Passes such The remarks made are
utterances without claimed to be true.
CHAPTER TWO: INCRIMINATORY subscribing to the truth
MACHINATIONS (ART. 363-364) of the remarks.

ARTICLE 363
INCRIMINATING INNOCENT PERSONS TITLE XIV: QUASI-OFFENSES

214 | C r i m i n a l L a w
 SOLE CHAPTER: CRIMINAL Test of negligence: Would a prudent man, in the
NEGLIGENCE (ART. 365) position of the person to whom negligence is attributed,
foresee harm to the person injured as a reasonable
ARTICLE 365 consequence of the course about to be pursued? If so,
IMPRUDENCE AND NEGLIGENCE the law imposes a duty on the actor to refrain from that
course or to take precaution against its mischievous
Four ways of committing quasi-offenses under Art results, and the failure to do so constitutes negligence.
365:
1. By committing through reckless imprudence any act Simple Imprudence
which, had it been intentional, would constitute a grave Consists in the lack of precaution displayed in those
or less grave felony or light felony; cases in which the damage impending to be caused is
2. By committing through simple imprudence or not immediate nor the danger clearly manifest.
negligence an act which would otherwise constitute a
grave or less serious felony;
3. By causing damage to the property of another through Elements:
reckless imprudence or simple imprudence or 1. That there is lack of precaution on the part of the
negligence; offender; and
4. By causing through simple imprudence or negligence 2. That the damage impending to be caused is not
some wrong which, if done maliciously, would have immediate nor the danger clearly manifest.
constituted a light felony.
Art. 64 relative to mitigating and aggravating
Imprudence Negligence circumstances is not applicable to crimes committed
through negligence.
Deficiency of action. Deficiency of perception.
Failure in precaution. Failure in advertence. The defense of contributory negligence does not apply in
To avoid wrongful acts: To avoid wrongful acts: criminal cases through reckless imprudence since one
one must take the paying proper attention cannot allege negligence of another to evade the effects
necessary precaution and using due diligence of one’s own negligence. It only mitigates criminal
once they are foreseen. in foreseeing them. liability. (Reyes, p. 1059)

The penalties provided for in Article 365 are NOT

applicable when:
Reckless Imprudence
1. The penalty provided for the offense is equal to or
Consists in voluntarily but without malice, doing or failing
lower than those provided in the first two paragraphs of
to do an act from which material damage results by
Art 365;
reason of inexcusable lack of precaution on the part of
2. By imprudence or negligence, and with violation of the
the person performing or failing to perform such act,
Automobile Law, the death of a person shall be
taking into consideration his employment or occupation,
caused.
degree of intelligence, physical condition and other
circumstances regarding persons, time and place.
Qualifying Circumstance: Failing to lend on-the-spot
help to the victims of his act of negligence. It raises the
Elements:
penalty one degree higher.
1. That the offender does or fails to do an act;
2. That the doing of or the failure to do that act is
Exception: Sec. 55 of RA 4136, the driver can leave his
voluntary;
vehicle without aiding the victims if:
3. That it be without malice;
1. He is in imminent danger of being harmed,
4. That material damage results; and
2. He wants to report to the nearest officer of the law, or
5. That there is inexcusable lack of precaution on the part
3. He desires to summon a physician or a nurse for
of the person performing or failing to perform such act
medical assistance to the injured.
taking into consideration –
a. Employment or occupation.
There must be injury to person or damage to property as
b. Degree of intelligence, physical condition. and
a consequence of reckless or simple imprudence.
c. Other circumstances regarding persons, time and
place.
Doctrine of Last Clear Chance

215
The contributory negligence of the party injured will not
defeat the action if it be shown that the accused might,
by the exercise of reasonable care and prudence, have
avoided the consequences of the negligence of the
injured party.

Emergency Rule
An automobile driver who, by the negligence of another
and not by his own negligence, is suddenly placed in an
emergency and compelled to act instantly to avoid a
collision or injury is not guilty of negligence if he makes
such a choice which a person of ordinary prudence
placed in such a position might make even though he did
not make the wisest choice.

The SC held in the case of Ivler v. San Pedro (G.R. No.

172716, Nov. 17, 2010) that reckless imprudence or
negligence is a crime in itself. Hence, once convicted or
acquitted of a specific act of reckless imprudence, the
accused may not be prosecuted again for that same act.
For the essence of the quasi offense of criminal
negligence under Art. 365 of the RPC lies in the
execution of an imprudent or negligent act that, if
intentionally done, would be punishable as a felony. The
law penalizes thus the negligent or careless act, not the
result thereof. The gravity of the consequence is only
taken into account to determine the penalty, it does not
qualify the substance of the offense. And, as the careless
act is single, whether the injurious result should affect
one person or several persons, the offense (criminal
negligence) remains one and the same, and cannot be
split into different crimes and prosecutions.

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 REPUBLIC ACT 9346
AN ACT PROHIBITING THE IMPOSITION
OF DEATH
PENALTY IN THE PHILIPPINES
Approved: June 24, 2006
In lieu of the death penalty, the following shall be
imposed (Section 2):
A. Reclusion Perpetua – when the law violated makes
use of the nomenclature of the penalties of the
Revised Penal Code.
B. Life imprisonment – when the law violated does not
make use of the nomenclature of the penalties of the
Revised Penal Code.
Note: Person convicted of offenses punished with
reclusion perpetua, or whose sentences will be reduced to
reclusion perpetua shall not be eligible for parole under
Act No. 4180 or Indeterminate Sentence Law (Section 3).
REPUBLIC ACT NO. 9262
ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN ACT OF 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER PURPOSES
Approved: March 8, 2004
Definition of Terms (Section 3)
A. Violence against women and their children – any act
or a series of acts committed by any person against a
woman who is his:
1. Wife;
2. Former wife; or
3. Against a woman with whom the person has or had
a sexual or dating relationship; or
4. With whom he has a common child, or against her
child whether legitimate or illegitimate, within or
without the family abode which result in or is likely to
result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of
such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty.
B. Physical Violence – acts that include bodily or
physical harm
217
C. Sexual violence includes, but is not limited to:
1. Rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object,
making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of
the victim's body, forcing her/him to watch obscene
publications and indecent shows or forcing the
woman or her child to do indecent acts and/or
make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;
2. Acts causing or attempting to cause the victim to
engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical or
other harm or coercion;
3. Prostituting the woman or child.
D. Psychological violence – acts or omissions causing
or likely to cause mental or emotional suffering of the
victim such as but not limited to:
1. Intimidation;
2. Harassment;
3. Stalking;
4. Damage to property;
5. Public ridicule or humiliation;
6. Repeated verbal abuse;
7. Mental infidelity;
8.Causing or allowing the victim to witness the
physical, sexual or psychological abuse of a
member of the family to which the victim belongs; or
9. To witness pornography in any form;
10. To witness abusive injury to pets; or
11. Unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.
E. Economic abuse – acts that make or attempt to make
a woman financially dependent which includes, but is
not limited to the following:
1. Withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases
wherein the other spouse/ partner objects on valid,
serious and moral grounds as defined in Article 73
of the Family Code;
2. Deprivation or threat of deprivation of the use of
financial resources and the right to the use and
enjoyment of property owned in common;
3. Destroying household property;
4. Controlling the victim’s own money or properties or
solely controlling the conjugal money or properties.
[Type text]
F. Battery – act of inflicting physical harm upon the
woman or her child resulting to the physical and
psychological or emotional distress.
G. Battered Woman Syndrome – defined pattern of
psychological and behavioral symptoms found in
women living in battering relationships as a result of
cumulative abuse.
H. Dating relationship – situation wherein the parties live
as husband and wife without the benefit of marriage or
are romantically involved over time and on a
continuing basis during the course of the relationship.
Note: A casual acquaintance or ordinary socialization
between two individuals in a business or social context
is not a dating relationship.
I. Sexual relations – refers to a single sexual act which
may or may not result in the bearing of a common child.
J. Children – refers to those below 18 years of age or
older but are incapable of taking care of themselves as
defined under Republic Act No. 7610. The term
includes the biological children of the victim and other
children under her care.
Acts Punishable (Section 5): (C-TAPA- ICE-C)
The crime of violence against women and their children is
committed through any of the following acts:
1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child physical
harm;
3. Attempting to cause the woman or her child physical
harm;
4. Placing the woman or her child in fear of imminent
physical harm;
5. Attempting to compel or compelling the woman or her
child to engage in conduct which the woman or her
child has the right to desist from or desist from conduct
which the woman or her child has the right to engage
in, or attempting to restrict or restricting the woman's
or her child's freedom of movement or conduct by
force or threat of force, physical or other harm or threat
of physical or other harm, or intimidation directed
against the woman or child.
This shall include, but not be limited to, the following
acts committed with the purpose or effect of
controlling or restricting the woman's or her child's
movement or conduct:
a.Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
b.Depriving or threatening to deprive the woman or
her children of financial support legally due her or
her family, or deliberately providing the woman's
children insufficient financial support;
c.Depriving or threatening to deprive the woman or
her child of a legal right;
d.Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or
controlling the victim's own money or properties, or
solely controlling the conjugal or common money,
or properties;
6. Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;
7. Causing or attempting to cause the woman or her child
to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical
harm, or through intimidation directed against the
woman or her child or her/his immediate family;
8. Engaging in purposeful, knowing, or reckless conduct,
personally or through another that alarms or causes
substantial emotional or psychological distress to the
woman or her child.
This shall include, but not limited to the following acts:
a.Stalking or following the woman or her child in
public or private places;
b.Peering in the window or lingering outside the
residence of the woman or her child;
c.Entering or remaining in the dwelling or on the
property of the woman or her child against her/his
will;
d.Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or
her child; and
e. Engaging in any form of harassment or violence;
9. Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but
not limited to, repeated verbal and emotional abuse,
and denial of financial support or custody of minor
children of access to the woman's child/children.
Prohibited Defense (Section 27)
Being under the influence of alcohol, any illicit drug, or any
other mind-altering substance shall not be a defense
under this Act.
Venue (Section 7)
The Regional Trial Court designated as a Family Court
shall have original and exclusive jurisdiction over
cases of violence against women and their children under
this law.
In the absence of such court in the place where the
offense was committed, the case shall be filed in the
2|S p e c i a l P e n a l L a w s
[Type text]
Regional Trial Court where the crime or any of its
elements was committed at the option of the complainant.
Protection Orders (Section 8)
Issued for the purpose of preventing further acts of
violence against a woman or her child and other
necessary relief.
The relief granted under a protection order serve the
purpose of safeguarding the victim from further harm,
minimizing any disruption in the victim's daily life, and
facilitating the opportunity and ability of the victim to
independently regain control over her life.
Other reliefs granted through a protection order:
1. Prohibition of the respondent from threatening to
commit or committing, personally or through another,
any of the acts mentioned in Section 5 of this Act;
2. Prohibition of the respondent from harassing, annoying,
telephoning, contacting or otherwise communicating
with the petitioner, directly or indirectly;
3. Removal and exclusion of the respondent from the
residence of the petitioner, regardless of ownership of
the residence, either temporarily or permanently where
no property rights are violated.
If respondent must remove personal effects from the
residence, the court shall direct a law enforcement
agent to escort respondent;
4. Directing the respondent to stay away from petitioner
and designated family or household member at a
distance specified by the court, and to stay away from
the residence, school, place of employment, or any
specified place frequented by the petitioner and any
designated family or household member;
5. Directing lawful possession and use by petitioner of an
automobile and other essential personal effects,
regardless of ownership, and directing the appropriate
law enforcement officer to accompany the petitioner to
the residence of the parties to ensure that the
petitioner is safely restored to the possession of the
automobile and other essential personal effects, or to
supervise the petitioner's or respondent's removal of
personal belongings;
6. Granting a temporary or permanent custody of a
child/children to the petitioner;
7. Directing the respondent to provide support to the
woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court
shall order an appropriate percentage of the income or
salary of the respondent to be withheld regularly by the
respondent's employer for the same to be
automatically remitted directly to the woman. Failure to
[Type text]
remit and/or withhold or any delay in the remittance of
support to the woman and/or her child without
justifiable cause shall render the respondent or his
employer liable for indirect contempt of court;
8. Prohibition of the respondent from any use or
possession of any firearm or deadly weapon and order
him to surrender the same to the court for appropriate
disposition by the court, including revocation of license
and disqualification to apply for any license to use or
possess a firearm.
If the offender is a law enforcement agent, the court
shall order the offender to surrender his firearm and
shall direct the appropriate authority to investigate on
the offender and take appropriate action on matter;
9. Restitution for actual damages including, but not limited
to, property damage, medical expenses, childcare
expenses and loss of income;
10.Directing the DSWD or any appropriate agency to
provide petitioner’s need; and
11. Provision of such other forms of relief as the court
deems necessary, provided petitioner and any
designated family or household member consents to
such relief.
Any of the reliefs provided under this section shall be
granted even in the absence of a decree of legal
separation or annulment or declaration of absolute nullity
of marriage.
Who May File Petition for Protection Orders (Section
9): (O-PAO-PPLA)
1. Offended party;
2. Parents or guardians of the offended party;
3. Ascendants, descendants or collateral relatives within
the fourth civil degree of consanguinity or affinity;
4. Officers or social workers of the DSWD or social
workers of LGUs;
5. Police officers, preferably those in charge of women
and children’s desk;
6. Punong Barangay or Barangay Kagawad;
7. Lawyer, counselor, therapist or healthcare provider of
the petitioner;
8. At least 2 concerned responsible citizens of the city or
municipality where the violence against women and
their children occurred and who has personal
knowledge of the offense committed.
If the applicant is not the victim, the application must be
accompanied by an affidavit of the applicant attesting to:
a. The circumstances of the abuse suffered by the victim;
and
b. The circumstances of consent given by the victim for
[Type text]
the filing of the application.
When disclosure of the address of the victim will pose
danger to her life, it shall be so stated in the application. In
such case, the applicant shall:
a. Attest that the victim is residing in the municipality or
city over which court has territorial jurisdiction; and
b. Shall provide a mailing address for the purpose of
service processing. (Section 11)
Kinds of Protection Order:
1. Barangay Protection Order (BPO) (Section 14) –
issued by a punong barangay to the applicant on the
date of filing after ex parte determination of the basis
of the application.
In the absence of punong barangay, any available
barangay kagawad may act on the application. In such
case, the order must be accompanied by an attestation
that the punong barangay was unavailable at the time
of the issuance of the BPO.
BPOs shall be effective for 15 days.
The parties may be accompanied by a non-lawyer
advocate in any proceeding before the punong
barangay.
2. Temporary Protection Order (TPO) (Section 15) –
issued by a court of competent jurisdiction after ex
parte determination that such should be issued.
Effective for 30 days.
The said court shall schedule a hearing on the
issuance of PPO prior to the date of the expiration of
the TPO.
3. Permanent Protection Order (PPO) (Section 16) –
issued by the court after notice and hearing.
Respondent’s non-appearance despite proper notice,
or his lack of lawyer, shall NOT be a ground for
rescheduling the hearing on the merits of the issuance
of PPO.
If despite proper notice, respondent fails to appear: the
court shall allow ex parte presentation of evidence by
the applicant.
If respondent appears without counsel: the court shall
appoint a lawyer for the respondent and proceed with
the hearing.
General Rule: The hearing for the issuance of the PPO
shall only be conducted in only one day.
Where the court is unable to conduct the hearing within
one day and the TPO is due to expire, the court shall
continuously extend the TPO for a period of 30 days at
each particular time until final judgment is issued.
The extended or renewed TPO may be modified by the
court as may be necessary or applicable to address the
needs of the applicant.
Effectivity of PPO:
PPO shall be effective until revoked by the court upon
application of the person in whose favor it was issued.
The court shall not deny the issuance of protection order
on the basis of the lapse of time between the act of
violence and the filing of the application.
Regardless of the conviction or acquittal of the
respondent, the Court must determine whether or not the
PPO shall become final. Even in a dismissal, a PPO shall
be granted as long as there is no clear showing that the
act from which the order might arise did not exist.
General Rule: TPO and PPO are filed in the family court
at the place of residence of the petitioner (Section 10).
Exception: In the absence of a family court, with the
RTC, MeTC, MTC or MCTC with territorial jurisdiction over
the place of residence of the petitioner.
The issuance of a BPO or the pendency of an application
for BPO shall not preclude a petitioner from applying for,
or the court from granting a TPO or PPO.
An application for protection order filed with a court shall
be considered an application for both TPO and PPO.
Applicability of Protection Orders to Criminal Cases
(Section 22)
The provisions on protection orders shall be applicable in
impliedly instituted with the criminal actions involving
violence against women and their children.
Prescriptive Period (Section 24)
The following acts prescribe in 20 years: (C-TAPAI)
1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child physical
harm;
3. Attempting to cause the woman or her child physical
harm;
4. Placing the woman or her child in fear of imminent
physical harm;
4|S p e c i a l P e n a l L a w s
[Type text]
5. Attempting to compel or compelling the woman or her
child to engage in conduct which the woman or her child
has the right to desist from or desist from conduct which
the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman's or her
child's freedom of movement or conduct by force or
threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against
the woman or child.
6. Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;
The following acts prescribe in 10 years: (CEC)
1. Causing or attempting to cause the woman or her child
to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical
harm, or through intimidation directed against the
woman or her child or her/his immediate family;
2. Engaging in purposeful, knowing, or reckless conduct,
personally or through another that alarms or causes
substantial emotional or psychological distress to the
woman or her child.
3. Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and
denial of financial support or custody of minor children
of access to the woman's child/children.
Violence against Women and their Children as a
Public Crime (Section 25)
Such violence are considered a public offense which may
be prosecuted upon the filing of a complaint by any citizen
having personal knowledge of the circumstances involving
the commission of the crime.
Battered Woman Syndrome as a Defense (Section 26)
Those who are found by the courts to be suffering from
Battered Woman Syndrome do not incur any criminal and
civil liability notwithstanding the absence of any of the
elements for justifying circumstances of self-defense
under the RPC.
The courts shall be assisted by expert psychiatrists/
psychologists in determining the state of mind of the
woman suffering from Battered Woman Syndrome at the
time of the commission of the crime.
Custody of children, given to the woman victim
(Section 28)
The woman victim of violence shall be entitled to the
custody and support of her child/children. Children below
seven (7) years old older but with mental or physical
[Type text]
disabilities shall automatically be given to the mother, with
right to support, unless the court finds compelling reasons
to order otherwise.
A victim who is suffering from Battered Woman Syndrome
shall not be disqualified from having custody of her
children. In no case shall custody of minor children be
given to the perpetrator of a woman who is suffering from
Battered Woman Syndrome.
Persons Intervening Exempt from Liability (Section
34)
In every case of violence against women and their
children, any person, police authority or barangay official
shall not be liable for any criminal, civil or administrative
liability resulting therefrom provided that such person,
police authority or official:
1. Was acting in accordance with law;
2. Responds or intervenes; or
3. Without using violence or restraint greater than
necessary to ensure the safety of the victim.
Any victim under this act shall be entitled to the
following damages (Section 36) (MAC)
1. Moral
2. Actual
3. Compensatory
Cases Exempt from Payment of Docket fees and other
Expenses (Section 38)
1. Victim is indigent, or
2. There is an immediate necessity due to imminent
danger to act on an application for protection order.
Entitlement of Woman Victims to Work Leave (Section
43)
Woman victims shall be entitled to take a paid leave of
absence up to ten (10) days in addition to other paid
leaves under the Labor Code and Civil Service Rules and
Regulations, extendible when the necessity arises as
specified in the protection order.
Confidentiality of Records in VAWC Cases (Section
44)
All records pertaining to cases of violence against women
and their children including those in the barangay shall be
confidential and all public officers and employees and
public or private clinics to hospitals shall respect the right
to privacy of the victim.
[Type text]
Suppletory Application of RPC to VAWC (Section 47)
RPC and other applicable laws shall have suppletory
application.
REPUBLIC ACT NO. 7610
SPECIAL PROTECTION OF CHILDREN
AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION
(AS AMENDED)
Approved: June 17, 1992
Definition of Terms (Section 3)
Child abuse
It is the maltreatment, whether habitual or not, of the child
which includes any of the following:
1. Psychological and physical abuse, neglect, cruelty,
sexual abuse and emotional maltreatment;
2. Any act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of a child as a
human being;
3. Unreasonable deprivation of his basic needs for
survival, such as food and shelter; or
4. Failure to immediately give medical treatment to an
injured child resulting in serious impairment of his
growth and development or in his permanent
incapacity or death.
“Circumstances which gravely threaten or endanger
the survival and normal development of children"
These include, but are not limited to, the following;
1. Being in a community where there is armed conflict or
being affected by armed conflict-related activities;
2. Working under conditions hazardous to life, safety and
normal which unduly interfere with their normal
development;
3. Living in or fending for themselves in the streets of
urban or rural areas without the care of parents or a
guardian or basic services needed for a good quality of
life;
4. Being a member of a indigenous cultural community
and/or living under conditions of extreme poverty or in
an area which is underdeveloped and/or lacks or has
inadequate access to basic services needed for a
good quality of life;
5. Being a victim of a man-made or natural disaster or
calamity; or
6. Other analogous circumstances which endanger the
life, safety or normal development of children.
Acts Punishable
1. Child prostitution and other sexual abuse Section 5
(See Art. 340 under Book Two)
Note: Under Section 6, there is an attempt to commit
child prostitution.
2. Child trafficking
Note: Under Section 8, there is an attempt to commit
child trafficking,
3. Engagement of children in obscene publications and
indecent shows
4. Engagement of children in the worst forms of child labor
(Section 12-D)
5. Employment of children as model in advertisement
directly or indirectly promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts,
gambling or any form of violence or pornography
(Section 14)
6. Discrimination of children of indigenous cultural
communities (Section 20)
7. Other Acts of Neglect, Abuse, Cruelty or Exploitation
and Other Conditions Prejudicial to the Child's
Development (Section 10)
Children Exploited in Prostitution and Other Sexual
Abuse (Section 5)
Children, whether male or female, who for money, profit or
any other consideration or due to the coercion or influence
of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct.
Persons Liable:
1. Those who engage in or promote, facilitate or induce
child prostitution which include, but are not limited to,
the following:
a. Acting as a procurer of a child prostitute
b. Inducing a person to be a client of a child prostitute
by means of written or oral advertisements or other
similar means
c. Taking advantage of influence or relationship to
procure a child as a prostitute
d. Threatening or using violence towards a child to
engage him as a prostitute.
e. Giving monetary consideration, goods or other
pecuniary benefit to a child with the intent to
engage such child in prostitution;
2. Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in prostitution
or subjected to other sexual abuse;
3. Those who derive profit on advantage therefrom,
whether as manager or owner of the establishment
where the prostitution takes place or of the sauna,
disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in
6|S p e c i a l P e n a l L a w s
[Type text]
prostitution in addition to activity for which the license
has been issued to said establishment.
Attempt to Commit Child Prostitution (Section 6)
Persons Liable:
1. Any person, who not being a relative of a child, is found
alone with the said child inside the room or cubicle of a
house, an inn, hotel, motel, pension house, apartelle or
other similar establishments, vessel, vehicle or any
other hidden or secluded area under circumstances
which would lead a reasonable person to believe that
the child is about to be exploited in prostitution and
other sexual abuse;
2. Any person is receiving services from a child in a sauna
parlor or bath, massage clinic, health club and other
similar establishments.
Child Trafficking (Section 7)
Any person who shall engage in trading and dealing with
children including, but not limited to, the act of buying and
selling of a child for money, or for any other consideration,
or barter.
Attempt to Commit Child Trafficking (Section 8) -
There is an attempt to commit child trafficking:
1. When a child travels alone to a foreign country without
valid reason therefor and without clearance issued by
the Department of Social Welfare and Development or
written permit or justification from the child's parents or
legal guardian;
2. When a person, agency, establishment or child-caring
institution recruits women or couples to bear children
for the purpose of child trafficking; or
3. When a doctor, hospital or clinic official or employee,
nurse, midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking; or
4. When a person engages in the act of finding children
among low-income families, hospitals, clinics,
nurseries, day-care centers, or other child-during
institutions who can be offered for the purpose of child
trafficking.
Obscene Publications and Indecent Shows
(Section 9) – Any person who shall hire, employ, use,
persuade, induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live or in video,
or model in obscene publications or pornographic
materials or to sell or distribute the said materials.
Other Acts of Abuse (Section 10)
1. Any person who shall commit any other acts of child
abuse, cruelty or exploitation or to be responsible for
other conditions prejudicial to the child's development.
2. Any person who shall keep or have in his company a
minor, twelve (12) years or under or who in ten (10)
[Type text]
years or more his junior in any public or private place,
hotel, motel, beer joint, discotheque, cabaret, pension
house, sauna or massage parlor, beach and/or other
tourist resort or similar.
Provided, that this provision shall not apply to any
person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by
law, local custom and tradition or acts in the
performance of a social, moral or legal duty.
3. Any person who shall induce, deliver or offer a minor to
any one prohibited by this Act to keep or have in his
company a minor as provided in the preceding
paragraph.
4. Any person, owner, manager or one entrusted with the
operation of any public or private place of
accommodation, whether for occupancy, food, drink or
otherwise, including residential places, who allows any
person to take along with him to such place or places
any minor herein described.
5. Any person who shall use, coerce, force or intimidate a
street child or any other child to:
a. Beg or use begging as a means of living;
b. Act as conduit or middlemen in drug trafficking or
pushing; or
c. Conduct any illegal activities.
Sanctions for Establishments or Enterprises (Section
11)
1. All establishments and enterprises which promote or
facilitate child prostitution and other sexual abuse,
child trafficking, obscene publications and indecent
shows, and other acts of abuse shall be immediately
closed and their authority or license to operate
cancelled, without prejudice to the owner or manager
thereof being prosecuted under this Act and/or the
Revised Penal Code, as amended, or special laws.
2. An establishment shall be deemed to promote or
facilitate child prostitution and other sexual abuse,
child trafficking, obscene publications and indecent
shows, and other acts of abuse if the acts constituting
the same occur in the premises of said establishment
under this Act or in violation of the Revised Penal
Code, as amended. An enterprise such as a sauna,
travel agency, or recruitment agency which: promotes
the aforementioned acts as part of a tour for foreign
tourists; exhibits children in a lewd or indecent show;
provides child masseurs for adults of the same or
opposite sex and said services include any lascivious
conduct with the customers; or solicits children or
activities constituting the aforementioned acts shall be
deemed to have committed the acts penalized herein.
Employment of Children (Section 12) - Children below
15 years of age shall not be employed except:
1. Child works directly under the sole responsibility of
[Type text]
his/her parents or legal guardian and where only
members of his/her family are employed: provided,
however, that his/her employment neither endangers
his/her life, safety, health and morals, nor impairs
his/her normal development: provided further that the
parent or legal guardian shall provide the said minor
child with the prescribed primary and/or secondary
education.
2. Child’s employment or participation in public
entertainment or information through cinema, theater,
radio or television is essential: provided that
employment contract is concluded by the child’s
parents or legal guardian, with the express agreement
of the child concerned, if possible, and the approval of
the Department of Labor and Employment: provided
further that the following requirements in all instances
are strictly complied with: (PMP)
a. Employer shall ensure the protection, health, safety,
morals and normal development of the child;
b. Employer institute measures to prevent the child’s
exploitation or discrimination taking into account
system and level of remuneration and the duration
and arrangement of working time;
c. Employer shall formulate and implement, subject to
the approval and supervision of competent
authorities, a continuing program for training and
skills acquisition of the child.
General Rule: No child below 15 shall be employed.
Exceptions:
a. When a child works directly under the sole
responsibility of his parents or legal guardian and
where only members of the employer's family,
provided that
i. Employment does not endanger child’s life, safety
and health and morals, nor impairs his normal
development;
ii. Parent or legal guardian shall provide the said minor
child with the prescribed primary and/or secondary
education;
b. When a child's employment or participation in public &
entertainment or information through cinema, theater,
radio or television is essential provided that
i. Employment contract concluded by the child's parent
or guardian, with the express agreement of the child
concerned, if possible, and the approval of the
DOLE and the following requisites are met:
ii. the employer shall ensure the protection, health,
safety and morals of the child;
iii. the employer shall institute measures to prevent the
child's exploitation or discrimination taking into
account the system and level of remuneration, and
the duration and arrangement of working time; and
iv. the employer shall formulate and implement,
subject to the approval and supervision of
competent authorities, a continuing program for
training and skill acquisition of the child.
v.Employment does not involve commercials or
advertisements promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts and
violence (Section 14).
Hours of Work of a Working Child (Section 12-A)
Age Provision
Below 15 May be allowed to work for not more
years of than 20 hours a week: provided that
age the work shall not be more than 4
hours at any given day
Not allowed to work between 8:00
PM and 6:00 AM of the following day
15 years of Not allowed to work for more than 8
age but hours a day and in no case beyond
below 18 40 hours a week
Not allowed to work between 10:00
PM and 6:00 AM the following day
Worst Forms of Child Labor (Section 12-D) (SHIP)
1. All forms of slavery or practices similar to slavery;
2. Use, procuring or offering of a child for prostitution, for
the production of pornography or for pornographic
performances;
3. Use, procuring or offering of a child for illegal or illicit
activities;
4. Work which, by its nature or circumstances in which it is
carried out, is hazardous or likely to be harmful to the
health, safety or morals of children, such that it:
a. Debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being; or
b. Exposes the child to physical, emotional or sexual
abuse, or is found to be highly stressful
psychologically or may prejudice morals; or
c.Performed underground, underwater or at dangerous
heights; or
d.Involves the use of dangerous machinery, equipment
and tools; or
e. Exposes the child to physical danger or which
requires the manual transport of heavy loads; or
f. Performed in an unhealthy environment exposing the
child to hazardous working conditions, elements,
substances, co-agents or processes involving
ionizing, radiation, fire, flammable substances,
noxious components and the like, or to extreme
temperatures, noise levels or vibrations; or
g. Performed under particularly difficult conditions; or
h. Exposes the child to biological agents; or
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[Type text]

i. Involves the manufacture or handling of explosives Who may be liable:

and other pyrotechnic products. Description Penalty
Conspirator Two or more 40 years
(Section 4) persons come imprisonment
REPUBLIC ACT NO. 9372 to an
HUMAN SECURITY ACT OF 2007 agreement
concerning the
AN ACT TO SECURE AND PROTECT OUR PEOPLE commission of
FROM TERRORISM the crime of
terrorism and
Approved: March 9, 2007 decide to
commit the
The crime of terrorism is committed by any person who same.
engages in any of the following acts punishable under Accomplice Any person 17 years, 4
RPC and other special laws: (Section 5) who, not being months, 1 day
a principal or a to 20 years
Under the RPC (PRC-MaKaDa) conspirator, imprisonment
1. Piracy in general and Mutiny in the high seas or in the cooperates in
Philippine waters (Art. 122); the execution of
2. Rebellion or Insurrection (Art. 134); either the crime
3. Coup d’etat including acts committed by private of terrorism or
persons (Art. 134-a); conspiracy to
4. Murder (Art. 248); commit
5. Kidnapping and Serious Illegal Detention (Art. 267); terrorism by
6. Crimes involving destruction (Art. 324). previous or
simultaneous
acts.
Under Special Laws (ATAHAF) Accessory Any person 10 years and 1
1. Arson (PD No. 1613); (Section 6) who, having day to 12
2. Toxic substances and Hazardous and Nuclear Waste knowledge of years
Control Act of 1990 (RA No. 6969); the commission imprisonment
3. Atomic Energy Regulatory and Liability Act of 1968 (RA of the crime of
No. 5207); terrorism or
4. Anti-Hijacking Law (RA No. 6235); conspiracy to
5. Anti-Piracy and Anti-Highway Robbery Law of 1974 commit
(PD No. 532); terrorism, and
6. Decree Codifying the Laws on Illegal and Unlawful without having
Possession, Manufacture, Dealing in, Acquisition or participated
Disposition of Firearms, Ammunitions or Explosives therein, takes
(PD No. 1866). part subsequent
to its
PROVIDED that the following requisites are present: commission in
1. The act committed sows and creates a condition of any of the
widespread and extraordinary fear and panic among following
the populace; manner:
2. The act was committed in order to coerce the a. Profiting
government to give in to an unlawful demand. himself or
assisting the
Note: The benefit of Parole under the Indeterminate offender to
Sentence Law (Act. No. 4103) is not applicable to profit by the
persons convicted under this Act. effects of the
crime;
b. Concealing
or destroying
the body of

[Type text]
[Type text]

the crime or b.There is probable cause to believe based on

the effects or personal knowledge of facts that evidence, which is
instruments essential to the conviction of any charged or
thereof in suspected person, will be obtained;
order to c. There is no other effective means for acquiring such
prevent its evidence.
discovery;
c. Harboring, Classified Information (Section 9)
concealing 1. Written order granted by the authorizing division of the
or assisting CA;
in the 2. Order by CA to extend No.1;
escape of 3. Original application of the applicant;
the principal 4. Application to renew No. 3;
or 5. Written authorizations of Anti-Terrorism Council.
conspirator.
Provided, the person being surveilled or whose
Note: The provisions of Articles 18 on accomplices and communications have been monitored, listened to,
19 on accessories of the RPC do not apply since the bugged or recorded, has the right to be informed of the
penalty of nomenclature in the Act is not the same as that acts done by the law enforcement authorities and to
of the RPC. challenge the legality of the interference before the CA
which issued the order.
Surveillance and Interception of Communication
(Section 7) The judicial authorization shall be effective for the length
of time specified in the written order of the authorizing
General Rule: Notwithstanding RA No. 4200 (Anti-Wire division of the CA, which shall not exceed 30 days from
Tapping Law), a police or law enforcement official and the receipt of the order by the applicant (Section 10).
members of his team may, upon written order of the Court
of Appeals, listen to, intercept and record any The authorizing division of the CA may extend or renew
communication between members of a judicially declared the said authorization for another non-extendible period,
and outlawed terrorist organization or group of persons or which shall not exceed 30 days from the expiration of the
of any person charged with or suspected of the crime of original period, PROVIDED THAT:
terrorism or conspiracy to commit terrorism. 1. The authorizing division of the CA is satisfied that such
extension is in the public interest;
Exception: Communications between: 2. The ex parte application for extension or renewal is filed
1. Lawyers and clients; by the original applicant and has been duly authorized
2. Doctors and patients; in writing by the Anti-Terrorism Council.
3. Journalists and their sources;
4. Confidential business correspondence. In case of death or disability of the original applicant:
the application for extension shall be filed by the one next
Requisites for Formal Application for Judicial in rank to the original applicant among the members of his
Authorization to Intercept and Record team.
Communication: (Section 8)
1. There must be an ex parte application by the police or The applicant shall have 30 days after the termination of
law enforcement official; the period granted by CA within which to file the
2. The applicant must have been duly authorized in writing appropriate case before the Public Prosecutor’s Office.
by the Anti-Terrorism Council;
3. Examination under oath or affirmation of the applicant If no case is filed within the 30-day period, the applicant
and the witnesses he may produce to establish that: shall notify the person subject of the surveillance of the
(CEN) termination of such surveillance or recording.
a.There is probable cause to believe based on
personal knowledge of facts that the said crime of Custody of Intercepted and Recorded Information
terrorism or conspiracy to commit terrorism has (Section 11)
been committed, is being committed or is about to All tapes, discs and recordings made pursuant to the
be committed; authorization of the CA (including excerpts, summaries
and written notes made in connection therewith) shall be

10 | S p e c i a l P e n a l L a w s
[Type text]
deposited in a sealed envelope or package accompanied
by a joint affidavit of the applicant police officer or law
enforcement officials and the members of his team, with
the authorizing CA division within 48 hours after the
expiration of the order.
It is unlawful for any person, police officer or any
custodian of the tapes, discs and recording, and their
excerpts and summaries, written notes or memoranda to
copy in whatever form, to remove, delete, expunge,
incinerate, shred or destroy in any manner the items
enumerated above in whole or in part under any pretext
whatsoever.
Disposition of Deposited Materials (Section 13)
The sealed envelope or package and the contents thereof
shall be deemed classified information and the same shall
not be opened and its contents shall not be divulged or
used as evidence UNLESS authorized by written order of
the authorizing CA division.
The said written order shall be granted upon:
1. A written application of DOJ filed before the authorizing
division of CA;
2. A showing that the DOJ has been duly authorized in
writing by the Anti-Terrorism Council to file such
application;
3. Proper notice to the person whose communication has
been subjected to surveillance that the sealed
envelope or package shall be opened.
The written application shall clearly state the purpose
or reason:
i. for opening the sealed envelope;
ii. for revealing or disclosing its classified contents;
iii. for replaying, divulging, and or reading any of the
listened to, intercepted, and recorded
communications, etc.;
iv. for using any of the said listened to, intercepted and
recorded communications as evidence (Section 14)
Evidentiary Value of Deposited Materials (Section 15)
Any listened to, intercepted, and recorded
communications, or any information or fact contained
therein, including their existence, content, substance,
purport, effect, or meaning, which have been secured in
violation of the pertinent provisions of this Act, shall
absolutely not be admissible and usable as evidence
against anybody in any judicial, quasi-judicial, legislative,
or administrative investigation, inquiry, proceeding, or
hearing.
Proscription of Terrorist Organizations, Association
or Group of Persons (Section 17)
Any organization, association or group of persons –
[Type text]
1. Organized for the purpose of engaging in terrorism; or
2. Although not organized for that purpose, actually uses
the acts to terrorize or to sow and create a condition of
widespread and extraordinary fear and panic among
the populace in order to coerce the government to give
in to unlawful demand shall, upon application by DOJ
before a competent RTC, with due notice and
opportunity to be heard given to the said group, be
declared as a terrorist and outlawed organization,
association, or group of persons by the said RTC.
Note: An association of terrorists is not an illegal
association defined under the RPC.
Illegal associations (Article 147, RPC)
These are associations totally or partially organized for the
purpose of committing any of the crimes punishable under
this Code or for some purpose contrary to public morals.
Period of Detention Without Judicial Warrant of Arrest
(Section 18)
General Rule: Notwithstanding Art. 125 of RPC, any
police or law enforcement personnel who has taken
custody of a person charged or suspected of the crime of
terrorism or conspiracy to commit terrorism shall deliver
said charged person to the proper judicial authority within
3 days counted from the moment of arrest.
Note: Anti-terrorism law amended Art. 125 of the RPC
insofar as terrorism and conspiracy to commit terrorism
are concerned.
Delay in the delivery of detained persons to the
proper judicial authorities (Article 125, RPC)
The penalties provided in the next preceding article shall
be imposed upon the public officer or employee who shall
detain any person for some legal ground and shall fail to
deliver such person to the proper judicial authorities within
the period of; 12 hours for crimes or offenses punishable
by light penalties, or their equivalent; 18 hours for crimes
or offenses punishable by correctional penalties, or their
equivalent and 36 hours for crimes, or offenses
punishable by afflictive or capital penalties, or their
equivalent.
Exception (Section 19): In the event of actual or
imminent terrorist attack, suspects may be detained for
more than 3 days upon written approval of:
1. Municipal, city, provincial or regional official of Human
Rights Commission;
2. Judge of MTC, RTC or Sandiganbayan; or
[Type text]
3. Justice of CA nearest the place of arrest. The written
approval must be procured within 5 days after the date
of detention.
Provided that within 3 days after detention, suspects
whose connection with the terror attack or threat is not
established, shall be released immediately.
If the arrest is made during Saturdays, Sundays,
Holidays or after office hours, the police or law
enforcement personnel shall bring the arrested person
to the residence of any of the officials mentioned
above that is nearest the place where the accused
was arrested.
Special Cases
Where the arrest resulted from:
1. Surveillance or interception of communication; OR
2. Examination of bank deposits.
Before detaining the person suspected of the crime of
terrorism or conspiracy to commit terrorism, the arresting
officer shall present him/her before any judge at the
latter’s residence or office nearest the place where the
arrest took place at any time of the day or night. The
following shall be the duties of the judge in such case:
1. Ascertain the identity of the police or law enforcement
personnel and the person arrested;
2. Inquire on the reason for the arrest;
3. Determine whether or not the person arrested has been
subjected to any physical, moral or psychological
torture, by whom and why;
4. Submit a written report of his/her observations within 3
calendar days from the time the suspect was brought
before him.
Failure to Deliver Suspect to Proper Judicial Authority
(Section 20)
The penalty of 10 years and 1 day to 12 years or
imprisonment shall be imposed upon any police or law
enforcement personnel who has apprehended or arrested,
detained and taken custody of a person charged with or
suspected of the crime of terrorism or conspiracy to
commit terrorism and fails to deliver such charged or
suspected person to the proper judicial authority within the
period of 3 days.
Rights of a Person under Custodial Detention (Section
21)
1.Right to be informed of the nature and cause of his
arrest;
2. Right to remain silent;
3.Right to have competent and independent counsel
preferably of his choice.
If the person cannot afford the services of counsel of his
choice, the police or law enforcement officers
concerned shall immediately contact the free legal
assistance unit of the IBP or PAO;
4. Right to be informed of the cause of his detention in the
presence of his legal counsel;
5. Allowed to communicate freely with his counsel;
6. Allowed to communicate freely and privately with the
members of his family or with his nearest relatives and
to be visited by them;
7. Allowed freely to avail of the service of a physician of
choice.
Restriction on Travel (Section 26)
Requisites
1. Evidence of guilt is not strong;
2. Person charged with the crime of terrorism or
conspiracy to commit terrorism is entitled to bail and is
granted the same;
3. Application by the prosecutor to the court to limit the
right of travel of the accused.
Limitation to the right of travel of the accused
1. Within the municipality or city where he resides or
where the case is pending: travel outside of said
municipality or city, without the authorization of the
court, shall be deemed a violation of the terms and
conditions of his bail, which shall be then forfeited as
provided under the rules of court.
2. House arrest at the usual place of residence of the
accused: accused may not use telephones,
cellphones, e-mails, computers, the internet or other
means of communications with people outside the
residence until otherwise ordered by the court.
Modes of termination of restrictions
1. Upon the acquittal of the accused;
2. Dismissal of the case filed against the accused;
3. Upon the discretion of the court on motion of the
prosecutor or of the accused.
Examination of Bank Deposits, Accounts and Records
(Section 27)
Notwithstanding RA No. 1405 (Bank Secrecy Law) as
amended, judicial authorization to examine bank deposits,
accounts and records may be procured from the justices
of CA designated to handle anti-terrorism cases after
satisfying themselves of the existence of probable cause
in hearing for that purpose that:
1. A person charged with or suspected of the crime of
terrorism or, conspiracy to commit terrorism;
2. Of a judicially declared and outlawed terrorist
organization, association, or group of persons; and
12 | S p e c i a l P e n a l L a w s
[Type text]
3. Of a member of such judicially declared and outlawed
organization, association, or group of persons, may
authorize in writing any police or law enforcement
officer and the members of his/her team duly
authorized in writing by the anti-terrorism council to:
a. Examine, or cause the examination of, the deposits,
placements, trust accounts, assets and records in a
bank or financial institution; and
b. Gather or cause the gathering of any relevant
information about such deposits, placements, trust
accounts, assets, and records from a bank or
financial institution.
Note: The bank or financial institution concerned, shall not
refuse to allow such examination or to provide the desired
information, when so, ordered by and served with the
written order of the Court of Appeals.
Requisites for application to examine bank deposits
(Section 28):
1. Ex parte application to the CA by the police or law
enforcement official;
2. The police or law enforcement official must be
authorized in writing by the Anti-Terrorism Council to
file such application;
3. Examination under oath or affirmation of the applicant
and the witnesses he may produce to establish the
facts that will justify the need and urgency of
examining and freezing the bank deposits,
placements, trust accounts, assets and records.
Effective period of court authorization to examine and
obtain information on bank deposits, accounts and
records (Section 30) – time specified in the written order,
which shall not exceed 30 days from the date of the
receipt of the written order by the applicant police.
It may be extended for another period which shall not
exceed 30 days from the expiration of the original period,
provided:
1. The authorizing division of the CA is satisfied that such
extension is in the public interest;
2.The application for extension or renewal must have
been authorized in writing by the Anti-Terrorism
Council;
3. Such must be filed by the original applicant.
In case of death or disability of the original applicant –
the one next in rank to the original applicant among the
members of his team shall file the application for
extension.
The applicant shall have 30 days after the termination of
the period granted by the CA within which to file the
[Type text]
appropriate case before the Public Prosecutor’s Office for
any violation of this Act.
If no case is filed within the said period, the applicant shall
immediately notify in writing the person subject of bank
examination and freezing of accounts.
Custody of Bank Data and Information (Section 31)
All information, summaries and other documents obtained
from the examination of bank deposits shall within 48
hours after the expiration of the period fixed in the written
order be deposited with the authorizing division of CA in a
sealed envelope or package and shall be accompanied by
a joint affidavit of the applicant police or law enforcement
official and the persons who actually conducted the
examination of said bank deposits, placements, trust
accounts, assets and records.
Disposition of Bank Materials (Section 33)
The sealed envelope or package shall not be opened and
its contents shall not be used as evidence unless
authorized in a written order of the authorizing division of
CA.
Requisites in applying for judicial authorization to
open the sealed envelope containing records of bank
account:
1. Written application of DOJ filed before the authorizing
division of CA;
2. Authorization in writing by the Anti-terrorism Council to
file such application;
3. Notice in writing to the party concerned not later than 3
days before the scheduled opening;
4. The application and notice must clearly state the reason
for opening or using the information.
Evidentiary Value of Deposited Bank Materials
(Section 35)
Any information secured in violation of this act shall not be
admissible as evidence in any judicial, quasi-judicial,
legislative, or administrative investigation, inquiry,
proceeding, or hearing.
Seizure and Sequestration (Section 39)
The said accounts shall be seized, sequestered, and
frozen in order to prevent their use or transfer for
purposes that are inimical to the safety and security of the
people or injurious to the state.
Note: The accused may withdraw such sums as may be
reasonably needed by the monthly needs of his family
including the services of his counsel upon approval of the
court.
[Type text]
The accused may also use any of his property that is
under seizure or sequestration or frozen because of his or
her indictment as a terrorist upon permission of the court
for any legitimate reason.
If the person suspected of or charged with the crime of
terrorism or conspiracy to commit terrorism is found, after
his investigation, to be innocent by the investigating body,
or is acquitted, after his arraignment or his case is
dismissed before his arraignment by a competent court
(Section 41).
Effects:
1. The seizure, sequestration and freezing of his bank
deposits, placements, trust accounts, assets and
records shall forthwith be deemed lifted by the
investigating body or by the competent court, as the
case may be, and
2. His bank deposits, placements, trust accounts, assets
and records shall be deemed released from such
seizure, sequestration and freezing, and shall be
restored to him without any delay by the bank or
financial institution concerned without any further
action on his part.
The filing of any appeal on motion for reconsideration
shall not state the release of said funds from seizure,
sequestration and freezing.
If the person charged with the crime of terrorism or
conspiracy to commit terrorism is convicted by a final
judgment of a competent trial court, his seized,
sequestered and frozen bank deposits, placements, trust
accounts, assets and records shall be automatically
forfeited in favor of the government.
Infidelity in the Custody of Detained Persons (Section
44)
Infidelity
It is committed when any public officer who has direct
custody of a detained person and who by his deliberate
act, misconduct or inexcusable negligence causes or
allows the escape of such detained person.
Penalties
1. If the detained person has already been convicted and
sentenced in a final judgment: imprisonment for 12
years and 1 day to 20 years.
2. If the detained person has not been convicted and
sentenced in a final judgment: imprisonment for 6
years and 1 day to 12 years.
The acquittal of the accused or the dismissal of the case
shall be a bar to another prosecution for any offense or
felony which is necessarily included in the offense
charged under this Act (Section 49).
Requisites:
1. There must be a valid complaint or information or other
formal charge sufficient in form and substance to
sustain conviction; and
2. The accused had pleaded to the charge.
Upon acquittal, any person accused of terrorism shall be
entitled to the payment of damages in the amount of
P500,000.00 for every day that he has been detained
without warrant (Section 50).
The provisions of Book 1 of the RPC shall be applicable to
this act (Section 52).
Extra-territorial Application of This Act (Section 58)
Subject to the provision of an existing treaty of which the
Philippines is a signatory and to any contrary provision of
any law of preferential application, the provisions of this
act shall apply:
1. To individual persons who commit any of the crimes
defined and punished under this act within the
terrestrial domain, interior waters, maritime zone, and
airspace of the Philippines;
2. To those who, although physically outside the territorial
limits of the Philippines, commit, conspire or plot to
commit any of the crimes defined and punished in this
act inside the territorial limits of the Philippines;
3. To those who, although physically outside the territorial
limits of the Philippines, commit any of the said crimes
on board Philippine ship or airship;
4. To those who commit any of the said crimes within any
embassy, consulate or diplomatic premises belonging
to or occupied by the Philippine Government in an
official capacity;
5. To those who, although physically outside the territorial
limits of the Philippines, commit said crimes against
Philippine citizens or persons of Philippine descent,
where their citizenship or ethnicity was a factor in the
commission of the crime;
6. To those who, although physically outside the territorial
limits of the Philippines, commit said crimes directly
against the Philippine Government.
Note: The provisions of this Act shall be automatically
suspended 1 month before and 2 months after the holding
of any election (Section 62).
14 | S p e c i a l P e n a l L a w s
[Type text]
PRESIDENTIAL DECREE NO. 1866, AS
AMENDED BY RA 8294
Codifying the Laws on Illegal/Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition, of
Firearms, Ammunition or Explosives or Instruments
Used in the Manufacture of Firearms, Ammunition or
Explosives, and Imposing Stiffer Penalties for Certain
Violations Thereof and for Relevant Purposes
Approved: June 29, 1983
Acts Punishable
1. Unlawful manufacture, sale, acquisition, disposition or
possession of firearms or ammunition or instruments
used or intended to be used in the manufacture of
firearms of ammunition (Section 1).
The possession of any machinery, tool or instrument
used directly in the manufacture of firearms or
ammunition, by any person whose business or
employment does not lawfully deal with the
manufacture of firearms or ammunition, shall be prima
facie evidence that such article is intended to be used
in the unlawful/illegal manufacture of firearms or
ammunition;
2. Unlawful manufacture, sale, acquisition, disposition or
possession of explosives (Section 3).
The possession of any machinery, tool or instrument
directly used in the manufacture of explosives, by any
person whose business or employment does not
lawfully deal with the manufacture of explosives shall
be prima facie evidence that such article is intended to
be used in the unlawful/illegal manufacture of
explosives;
3. Tampering of firearm's serial number (Section 5);
4. Repacking or altering the composition of lawfully
manufactured explosives (Section 6);
5. Unauthorized issuance of authority to carry firearm
and/or ammunition outside of residence (Section 7).
Note: Under nos. 1 and 2:
a. If homicide or murder (no. 1) or crimes defined in the
RPC or special laws (no. 2) is/are committed with the
use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as an
aggravating circumstance.
b. If the violation is in furtherance of or incident to, or in
connection with the crime of rebellion or insurrection,
sedition, or attempted coup d'etat, such violation shall
[Type text]
be absorbed as an element of the crime of rebellion, or
insurrection, sedition, or attempted coup d'etat.
Definition of Terms (Section 1 IRR of P.D. 1866)
Firearm
As herein used, includes rifles, muskets, carbines,
shotguns, revolvers, pistols and all other deadly weapons
from which a bullet, ball, shot, shall or other missile may
be discharged by means of gunpowder or other
explosives. The term also includes air rifles and air pistols
not classified as toys under the provisions of Executive
Order No. 712 dated July 28, 1981. The barrel of any
firearm shall be considered a complete firearm.
Ammunition
It refers to loaded shells for rifles, muskets, carbines,
shotguns, revolvers, pistols and other firearms from which
a bullet, ball, shot, shall or other missile may be fired by
means of gunpowder of explosives.
Permit To Carry Firearm Outside of Residence
It is a written authority issued to any person by the Chief
of Constabulary which entitles such person o carry his
licensed or lawfully issued firearms outside of residence
for the duration and purpose specified therein.
Residence
It refers to that place where the firearm and ammunition is
being permanently kept. It includes the office or house
where it is kept and premises of the house enclosed by
walls and gates separating said premises from adjacent
properties. For firearms covered by a Regular License or
Special Permit their residence shall be that specified in
the license or permit; and those covered by a Certificate of
Registration or a Memorandum Receipt their residence in
the office/station to which the grantee belongs.
The term unlicensed firearm shall include: (Section 5 of
RA 8294)
1. Firearms with expired license; or
2. Unauthorized use of licensed firearm in the commission
of the crime.
REPUBLIC ACT NO. 9160 (AS
AMENDED BY R.A. 9194)
ANTI-MONEY LAUNDERING
ACT OF 2001
Money laundering (Section 4)
It is a scheme whereby the proceeds of an illegal activity
are transacted and made to appear to have originated
from legitimate sources.
[Type text]

Covered Institutions (Section 3a) to the penalties prescribed,

1. All those supervised and regulated by BSP; perpetual or temporary
2. All those supervised and regulated by the SEC; absolute disqualification from
3. All those supervised and regulated by the Insurance office
Commission.

Money laundering is committed by (Section 4):

1. Any person knowing that a monetary instrument is 3-8 years imprisonment and
related to the proceeds of an unlawful activity, enters fine of not less than
or attempts to enter into a transaction using the said P500,000.00 but more than
monetary instrument; P1,000,000.00
2. Any person knowing that a monetary instrument
involves the proceeds of an unlawful activity, performs Breach of Note: In the case of a breach
or fails to perform any act as a result of which he confidentiality of confidentiality that is
facilitates the offence of money laundering; (Section 9c) published or reported by
3. Any person knowing that a monetary instrument is media, the responsible
required under the AMLA to be disclosed and filed with reporter, writer, president,
the Anti-Money Laundering Council, fails to do so. publisher, manager and editor-
in-chief shall be liable under
Penalty this Act.
Punishable Act
(Section 14)
1. 7-14 years imprisonment Definition of Terms (Section 3)
and fine not less than
P3,000,000.00 but not more Covered Transaction
than twice the value of It is transaction in cash or other equivalent monetary
monetary instrument or instrument involving a total amount in excess of
property involved; P500,000.00 that is done with the covered institution,
Money 2. 4-7 years imprisonment and within 1 banking day.
laundering fine not less than
(Section 4) P1,500,000.00 but not more Suspicious transaction
than P3,000,000.00; It is transaction which must be reported by a covered
3. 6 months - 4 years institution regardless of the amount involved provided that
imprisonment or fine not less the following circumstances are present:
than P100,000.00 but not 1. The individual making the transaction is not properly
more than P500,000.00 or identified;
both. 2. There is no underlying legal or trade obligation, purpose
6 months - 1 year or a fine of or economic justification for that transaction;
Failure to keep
not less than P100,000.00 but 3. The amount involved is not commensurate with the
records (Section
not more than P500,000.00 or business or financial capacity of the individual making
9b)
both. the transaction;
Malicious 6 months - 4 years 4. The transaction is structured in a manner that invites
reporting imprisonment and fine of not suspicion, that it is trying to avoid the reporting
(Section 14c) – less than P100,000.00 but not requirement under the AMLA;
any person who, more than P500,000.00 5. Any circumstance relating to the transaction which is
with malice, or in observed to deviate from the client’s past transactions;
bad faith, reports Offender is a juridical 6. The transaction is in any way related to an unlawful
or files a person: court may suspend or activity under the AMLA.
completely revoke its license
unwarranted or Unlawful Activities under AMLA
false information Offender is an alien: Any act or omission or series or combination thereof
relative to money deportation without further involving or having relation to the following:
laundering proceedings after serving the 1. Kidnapping for Ransom
transaction penalties prescribed 2. Drug Offenses
against any Offender is a public 3. Graft and Corrupt Practices
person. official/employee: in addition 4. Plunder

16 | S p e c i a l P e n a l L a w s
[Type text]
5. Robbery and Extortion
6. Jueteng and Masiao
7. Piracy on the High Seas
8. Qualified Theft
9. Swindling
10. Smuggling
11. Electronic Commerce Crimes
12. Hijacking, Destructive Arson and Murder
13. Securities Fraud
14. Felonies or offenses of a similar nature punishable
under the penal laws of other countries
Note: Under the AMLA, a person can be prosecuted and
punished for both the underlying unlawful activity and the
money laundering offense, and the proceeds thereof can
be confiscated or forfeited in favor of the government.
(Section 6).
What is the effect of the bank deposit secrecy laws on
the implementation of AMLA?
When reporting covered or suspicious transactions to the
Anti-Money Laundering Council, covered institutions and
their officers and employees are not deemed to have
violated the bank deposit secrecy laws. However, they are
strictly prohibited from disclosing such transactions to any
person in any manner or by any means. The violation of
confidentiality makes them criminally liable. (Section 9).
PD 1829
PENALIZING OBSTRUCTION OF
APPREHENSION AND PROSECUTION OF
CRIMINAL OFFENDERS
Approved: January 16, 1981
Acts Punishable (Section 1)
1. Preventing witnesses from testifying in any criminal
proceeding or from reporting the commission of any
offense or the identity of any offender/s by means of
bribery, misrepresentation, deceit, intimidation, force or
threats;
2. Altering, destroying, suppressing or concealing any
paper, record, document or object, with intent to impair
its verity, authenticity, legibility, availability, or
admissibility as evidence in any investigation of or
official proceedings in, criminal cases, or to be used in
the investigation of, or official proceedings in, criminal
cases;
3. Harboring or concealing, or facilitating the escape of,
any person he knows, or has reasonable ground to
believe or suspect, has committed any offense under
[Type text]
existing penal laws in order to prevent his arrest,
prosecution and conviction;
4. Publicly using a fictitious name for the purpose of
concealing a crime, evading prosecution or the
execution of a judgment, or concealing his true name
and other personal circumstances for the same
purpose or purposes;
5. Delaying the prosecution of criminal cases by
obstructing the service of process or court orders or
disturbing proceedings in the fiscal’s offices, in
Tanodbayan, or in the courts;
6. Making, presenting or using any record, document,
paper or object with knowledge of its falsity and with
intent to affect the course or outcome of the
investigation of, or official proceedings in, criminal
cases;
7. Soliciting, accepting, or agreeing to accept any benefit
in consideration of abstaining from, discounting or
impeding the prosecution of a criminal offender;
8. Threatening directly or indirectly another with the
infliction of any wrong upon his person, honor or
property or that of any immediate member or members
of his family in order to prevent such person from
appearing in the investigation of, or official
proceedings in, criminal cases, or imposing a
condition, whether lawful or unlawful, in order to
prevent a person from appearing in the investigation of
or in official proceedings in, criminal cases;
9. Giving of false or fabricated information to mislead or
prevent the law enforcement agencies from
apprehending the offender or from protecting the life or
property of the victim; or fabricating information from
the data gathered in confidence by investigating
authorities for purposes of background information and
not for publication and publishing or disseminating the
same to mislead the investigator or to the court.
The fact that the offender is not criminally liable as
accessory under Article 20 of the RPC does not absolve
him from liability for his acts punishable under PD 1829.
Note: If any of the foregoing acts are committed by a
public official or employee, he shall, in addition to the
penalties provided thereunder, suffer perpetual
disqualification from holding public office. (Section 2)
REPUBLIC ACT NO. 1379
AN ACT DECLARING FORFEITURE IN
FAVOR OF THE STATE ANY PROPERTY
FOUND TO HAVE BEEN UNLAWFULLY
ACQUIRED BY ANY PUBLIC OFFICER
OR EMPLOYEE AND PROVIDING FOR
THE PROCEEDINGS THEREFOR.
[Type text]
Approved: June 18, 1955
Acts Punishable
1. Transfer or conveyance of any unlawfully acquired
property by any public officer or employee; or
2. Acceptance of such transfer or conveyance by any
person.
Definition of Terms (Section 1)
Public officer or employee
Any person holding any public office or employment by
virtue of an appointment, election or contract, and any
person holding any office or employment, by appointment
or contract, in any State owned or controlled corporation
or enterprise.
Other legitimately acquired property
It means any real or personal property, money or
securities which the respondent has at any time acquired
by inheritance and the income thereof, or by gift inter
vivos before his becoming a public officer or employee, or
any property (or income thereof) already pertaining to him
when he qualified for public office or employment, or the
fruits and income of the exclusive property of the
respondent's spouse. It shall not include:
1. Property unlawfully acquired by the respondent, but
its ownership is concealed by its being recorded in
the name of, or held by, the respondent's spouse,
ascendants, descendants, relatives, or any other
person.
2. Property unlawfully acquired by the respondent, but
transferred by him to another person or persons on or
after the effectivity of this Act.
3. Property donated to the respondent during his
incumbency, unless he can prove to the satisfaction
of the court that the donation is lawful.
Filing of Petition (Section 2)
1. A complaint is filed by any taxpayer to the city or
provincial fiscal;
2. The fiscal shall conduct a previous inquiry similar to
preliminary investigations in criminal cases and shall
certify to the Solicitor General that there is reasonable
ground to believe that there has been committed a
violation of this Act and the respondent is probably
guilty thereof;
3. The Solicitor General shall file, in the name and on
behalf of the Republic of the Philippines, in the Court
of First Instance (now RTC) of the city or province
where said public officer or employee resides or holds
office, a petition for a writ commanding said officer or
employee to show cause why the property aforesaid,
or any part thereof, should not be declared property of
the State.
Note: No such petition shall be filed within one year
before any general election or within three months before
any special election.
The property shall be presumed prima facie to have been
unlawfully acquired whenever any public officer or
employee has acquired during his incumbency an amount
of property which is manifestly out of proportion to his
salary as such public officer or employee and to his other
lawful income and the income from legitimately acquired
property.
The resignation, dismissal or separation of the officer or
employee from his office or employment in the
Government or in the Government-owned or controlled
corporation shall not be a bar to the filing of the petition:
Provided, however, That the right to file such petition shall
prescribe after four years from the date of the resignation,
dismissal or separation or expiration of the term of the
officer or employee concerned.
Effect of failure of respondent to show that he has
lawfully acquired the subject property (Section 6)
The court shall declare such property, forfeited in favor of
the State, and by virtue of such judgment the property
aforesaid shall become property of the State
Note: No judgment shall be rendered within six months
before any general election or within three months before
any special election. The Court may, in addition, refer the
case to the corresponding Executive Department for
administrative or criminal action, or both.
REPUBLIC ACT NO. 9208
ANTI-TRAFFICKING IN PERSONS ACT
OF 2003
Approved: May 26, 2003
Definition of Terms (Section 3)
Trafficking in Persons
It refers to the recruitment, transportation, transfer or
harboring, or receipt of persons with or without the victim's
consent or knowledge, within or across national borders
by means of threat or use of force, or other forms of
coercion, abduction, fraud, deception, abuse of power or
of position, taking advantage of the vulnerability of the
18 | S p e c i a l P e n a l L a w s
[Type text]
person, or the giving or receiving of payments or benefits
to achieve the consent of a person having control over
another person for the purpose of exploitation which
includes at a minimum, the exploitation or the prostitution
of others or other forms of sexual exploitation, forced labor
or services, slavery, servitude or the removal or sale of
organs.
The recruitment, transportation, transfer, harboring or
receipt of a child for the purpose of exploitation shall also
be considered as "trafficking in persons" even if it does
not involve any of the means set forth in the preceding
paragraph.
Child
It refers to a person below eighteen (18) years of age or
one who is over eighteen (18) but is unable to fully take
care of or protect himself/herself from abuse, neglect,
cruelty, exploitation, or discrimination because of a
physical or mental disability or condition.
Prostitution
It refers to any act, transaction, scheme or design
involving the use of a person by another, for sexual
intercourse or lascivious conduct in exchange for money,
profit or any other consideration.
Forced Labor and Slavery
It is refer to the extraction of work or services from any
person by means of enticement, violence, intimidation or
threat, use of force or coercion, including deprivation of
freedom, abuse of authority or moral ascendancy, debt-
bondage or deception.
Sex Tourism
It refers to a program organized by travel and tourism-
related establishments and individuals which consists of
tourism packages or activities utilizing and offering escort
and sexual services as enticement for tourists. This
includes sexual services and practices offered during rest
and recreation periods for members of the military.
Sexual Exploitation
It refers to participation by a person in prostitution or the
production of pornographic materials as a result of being
subjected to a threat, deception, coercion, abduction,
force, abuse of authority, debt bondage, fraud or through
abuse of a victim's vulnerability.
Debt Bondage
It refers to the pledging by the debtor of his/her personal
services or labor or those of a person under his/her
control as security or payment for a debt, when the length
and nature of services is not clearly defined or when the
[Type text]
value of the services as reasonably assessed is not
applied toward the liquidation of the debt.
Pornography
It refers to any representation, through publication,
exhibition, cinematography, indecent shows, information
technology, or by whatever means, of a person engaged
in real or simulated explicit sexual activities or any
representation of the sexual parts of a person for primarily
sexual purposes.
Acts Punishable
1. Acts of trafficking in persons (Section 4):
a. To recruit, transport, transfer, harbor, provide, or
receive a person by any means, including those
done under the pretext of domestic or overseas
employment or training or apprenticeship, for the
purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
b. To introduce or match for money, profit, or material,
economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for
the purpose of acquiring, buying, offering, selling or
trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
c. To offer or contract marriage, real or simulated, for
the purpose of acquiring, buying, offering, selling, or
trading them to engage in prostitution, pornography,
sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
d. To undertake or organize tours and travel plans
consisting of tourism packages or activities for the
purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
e. To maintain or hire a person to engage in prostitution
or pornography;
f. To adopt or facilitate the adoption of persons for the
purpose of prostitution, pornography, sexual
exploitation, forced-labor, slavery, involuntary
servitude or debt bondage;
g. To recruit, hire, adopt, transport or abduct a person,
by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of
removal or sale of organs of said person;
h. To recruit, transport or adopt a child to engage in
armed activities in the Philippines or abroad.
2. Acts that promote trafficking in persons (Section 5):
a. To knowingly lease or sublease, use or allow to be
used any house, building or establishment for the
purpose of promoting trafficking in persons;
[Type text]
b. To produce, print and issue or distribute unissued,
tampered of fake counseling certificates, registration
stickers and certificates of any government agency
which issues these certificates and stickers as proof
of compliance with government regulatory and pre-
departure requirement for the purpose of promoting
trafficking in persons;
c. To advertise, publish, print, broadcast or distribute, or
cause the advertisement, publication, printing,
broadcasting or distribution by any moans, including
the use of information technology and the internet, of
any brochure, flyer, or any propaganda material that
promotes trafficking in persons;
d. To assist in the conduct of misrepresentation or fraud
for purposes of facilitating the acquisition of
clearances and necessary exit documents from
government agencies that are mandated to provide
pre-departure registration and services for departing
persons for the purpose of promoting trafficking in
persons;
e. To facilitate, assist or help in the exit and entry of
persons from/to the country at international and local
airports, territorial boundaries and seaports who are
in possession of unissued, tampered or fraudulent
travel documents for he purpose of promoting
trafficking in persons;
f. To confiscate, conceal, or destroy the passport, travel
documents, or personal documents or belongings of
trafficked persons in furtherance of trafficking or to
prevent them from leaving the country or seeking
redress from the government or appropriate
agencies; and
g. To knowingly benefit from, financial or otherwise, or
make use of, the labor or services of a person held
to a condition of involuntary servitude, forced labor,
or slavery.
3. Qualified trafficking in persons (Section 6):
a. Trafficked person is a child;
b. Adoption is effected through RA 8043, otherwise
known as the "Inter-Country Adoption Act of 1995"
and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
c. Crime is committed by a syndicate, or in large scale.
Trafficking is deemed committed by a syndicate if
carried out by a group of three (3) or more persons
conspiring or confederating with another. It is
deemed committed in large scale if committed
against three (3) or more persons, individually or as
a group;
d. Offender is an ascendant, parent, sibling, guardian or
a person who exercises authority over the trafficked
person or when the offense is committed by a public
officer or employee;
e. Trafficked person is recruited to engage in
prostitution with any member of the military or law
enforcement agencies;
f. Offender is a member of the military or law
enforcement agencies; and
g. Act of trafficking in persons, by reason or on
occasion, the offended party dies, becomes insane,
suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired
Immune Deficiency Syndrome (AIDS).
4. To buy or engage the services of trafficked persons for
prostitutions (Section 11).
Who May File Complaint for Trafficking (Section 8):
(CAT-PLSS)
1. Children;
2. Any person who has personal knowledge of the
commission of any offense under this Act;
3. Trafficked person;
4. Parents;
5. Legal guardian;
6. Spouse;
7. Siblings;
Prescriptive Period (Section 12) – 10 years
If committed by a syndicate or in a large scale – 20 years
The period shall commence to run from the day on which
the trafficked person is delivered or released from the
conditions of bondage and shall be interrupted by the
filing of the complaint or information and shall commence
to run again when such proceedings terminate without the
accused being convicted or acquitted or are unjustifiably
stopped for any reason not imputable to the accused.
Legal Protection to Trafficked Persons (Section 17)
Trafficked persons shall be recognized as victims of the
act or acts of trafficking and as such shall not be
penalized for crimes directly related to the acts of
trafficking enumerated in this Act or in obedience to the
order made by the trafficker in relation thereto.
Note: The consent of a trafficked person to the intended
exploitation set forth in this Act shall be irrelevant.
REPUBLIC ACT NO. 9851
AN ACT DEFINING AND PENALIZING
CRIMES AGAINST INTERNATIONAL
HUMANITARIAN LAW. GENOCIDE AND
OTHER CRIMES AGAINST HUMANITY,
ORGANIZING JURISDICTION,
DESIGNATING SPECIAL COURTS, AND
FOR R20 | S p eP
ELATED c URPOSES
ial Penal Laws
[Type text]
Definition of Terms (Section 3)
Apartheid
It means inhumane acts committed in the context of an
institutionalized regime of systematic oppression and
domination by one racial group or groups and committed
with the intention of maintaining that regime.
Arbitrary deportation or forcible transfer of population
It means forced displacement of the persons concerned
by expulsion or other coercive acts from the area in which
they are lawfully present, without grounds permitted under
domestic or international law.
Armed Conflict
It refers to any use of force or armed violence between
States or a protracted armed violence between
governmental authorities and organized armed groups or
between such groups within a State: Provided, That such
force or armed violence gives rise, or may give rise, to a
situation to which the Geneva Conventions of 12 August
1949, including their common Article 3, apply. Armed
conflict may be international, that is, between two (2) or
more States, including belligerent occupation; or non-
international, that is, between governmental authorities
and organized armed groups or between such groups
within a State. It does not cover internal disturbances or
tensions such as riots, isolated and sporadic acts of
violence or other acts of a similar nature.
Armed Forces
It is all organized armed forces, groups and units that
belong to a party to an armed conflict which are under a
command responsible to that party for the conduct of its
subordinates. Such armed forces shall be subject to an
internal disciplinary system which enforces compliance
with International Humanitarian Law.
Attack Directed Against Any Civilian Population
It is a· course of conduct involving the multiple
commission of acts referred to in Section 6 of this Act
against any civilian population, pursuant to or in
furtherance of a State or organizational policy to commit
such attack.
Effective Command and Control or Effective Authority
and Control
It means having the material ability to prevent and punish
the commission of offences by subordinates.
Enforced or Involuntary Disappearance of Persons
[Type text]
It means the arrest, detention, or abduction of persons by,
or with the authorization, support or acquiescence of, a
State or a political organization followed by a refusal to
acknowledge that deprivation of freedom or to give
information on the fate or whereabouts of those persons,
with the intention of removing them from the protection of
the law for a prolonged period of time.
Enslavement
It is the exercise of any or all of the powers attaching to
the right of ownership over a person and includes the
exercise of such power in the course of trafficking in
persons, in particular women and children.
Extermination
It is the intentional infliction of conditions of life, inter alia,
the deprivation of access to food and medicine, calculated
to bring about the destruction of a part of a population.
Forced Pregnancy
It means the unlawful confinement of a woman to be
forcibly made pregnant, with the intent of affecting the
ethnic composition of any population or carrying out other
grave violations of international law.
Hors de combat
It means a person who:
1. Is in the power of an adverse party;
2. Has clearly expressed an intention to surrender; or
3. Has been rendered unconscious or otherwise
incapacitated by wounds or sickness and therefore is
incapable of defending himself:
Provided, that in any of these cases, the person abstains
from any hostile act and does not attempt to escape.
Military Necessity
It means the necessity of employing measures which are
indispensable to achieve a legitimate aim of the conflict
and are not otherwise prohibited by International
Humanitarian Law.
Non-defended Locality
It refers to a locality that fulfills the following conditions:
1. All combatants, as well as mobile weapons and mobile
military equipment, must have been evacuated;
2. No hostile use of fixed military installations or
establishments must have been made;
3. No acts of hostility must have been committed by the
authorities or by the population; and
4. No activities in support of military operations must have
been undertaken.
No quarter will be given
[Type text]
It means refusing to spare the life of anybody, even of
persons manifestly unable to defend themselves or who
clearly express their intention to surrender.
Perfidy
It means acts which invite the confidence of an adversary
to lead him/her to believe he/she is entitled to, or is
obliged to accord protection under the rules of
International Humanitarian Law, with the intent to betray
that confidence, including but not limited to:
1. Feigning an intent to negotiate under a flag of truce;
2. Feigning surrender;
3. Feigning incapacitation by wounds or sickness;
4. Feigning civilian or noncombatant status; and
5. Feigning protective status by use of signs, emblems or
uniforms of the United Nations or of a neutral or other
state not party to the conflict.
Persecution
It is the intentional and severe deprivation of fundamental
right contrary to international law by reason of identity of
the group or collectivity.
Protected Person in an armed conflict means:
1. A person wounded, sick or shipwrecked, whether
civilian or military;
2. A prisoner of war or any person deprived of liberty for
reasons related to an armed conflict;
3. A civilian or any person not taking a direct part or
having ceased to take part in the hostilities in the
power of the adverse party;
4. A person who, before the beginning of hostilities, was
considered a stateless person or refugee under the
relevant international instruments accepted by the
parties to the conflict concerned or under the national
legislation of the state of refuge or state of residence;
5. A member of the medical personnel assigned
exclusively to medical purposes or to the
administration of medical units or to the operation of or
administration of medical transports; or
6. A member of the religious personnel who is exclusively
engaged in the work of their ministry and attached to
the armed forces of a party to the conflict, its medical
units or medical transports, or non-denominational,
noncombatant military personnel carrying out functions
similar to religious personnel.
Superior
1. A military commander or a person effectively acting as
a· military commander; or
2. Any other superior, in as much as the crimes arose
from activities within the effective authority and control
of that superior.
Torture
It is the intentional infliction of severe pain or suffering,
whether physical, mental, or psychological, upon a person
in the custody or under the control of the accused; except
that torture shall not include pain or suffering arising only
from, inherent in or incidental to, lawful sanctions.
Works and Installations Containing Dangerous Forces
It means works and installations the attack of which may
cause the release of dangerous forces and consequent
severe losses among the civilian population, namely:
dams, dikes, and nuclear, electrical generation stations.
Acts Punishable:
A. War Crimes, which include the following (Section 4):
1. In case of an international armed conflict, grave
breaches of the Geneva Conventions of August 12,
1949, namely, any of the following acts against
persons or property protected under the provisions
of the relevant Geneva Convention:
a. Willful killing;
b. Torture or inhuman treatment, including biological
experiments;
c. Willfully causing great suffering, or serious injury
to body or health;
d. Extensive destruction and appropriation of
property not justified by military necessity and
carried out unlawfully and wantonly;
e. Willfully depriving a prisoner of war or other
protected person of the rights of fair and regular
trial;
f. Arbitrary deportation or forcible transfer of
population or unlawful confinement;
g. Taking of hostages;
h. Compelling a prisoner of war or other protected
person to serve in the forces of a hostile power;
and
i. Unjustifiable delay in the repatriation of prisoners
of war or other protected persons.
2. In case of a non-international armed conflict, serious
violations of common Article 3 to the four (4) Geneva
Conventions of August 12, 1949, namely, any of the
following acts committed against persons taking no
active part in the hostilities, including members of the
armed forces who have laid down their arms and
those placed hors de combat by sickness, wounds,
detention or any other cause:
a. Violence to life and person, in particular, willful
killings, mutilation, cruel treatment and torture;
b. Committing outrages upon personal dignity, in
particular, humiliating and degrading treatment;
c. Taking of hostages; and
d. The passing of sentences and the carrying out of
executions without previous judgment pronounced
22 | S p e c i a l P e n a l L a w s
[Type text]
by a regularly constituted court, affording all
judicial guarantees which are generally
recognized as indispensable.
3. Other serious violations of the laws and customs
applicable in armed conflict, within the established
framework of international law, namely:
a. Intentionally directing attacks against the civilian
population as such or against individual civilians
not taking direct part in hostilities;
b. Intentionally directing attacks against civilian
objects, that is, objects which are not military
objectives;
c. Intentionally directing attacks against buildings,
material, medical units and transport, and
personnel using the distinctive emblems of the
Geneva Conventions or Additional Protocol III in
conformity with international law;
d. Intentionally directing attacks against personnel,
installations, material, units or vehicles involved
in a humanitarian assistance or peacekeeping
mission in accordance with the Charter of the
United Nations, as long as they are entitled to the
protection given to civilians or civilian objects
under the international law of armed conflict;
e. Launching an attack with the knowledge that such
attack will cause incidental loss of life or injury to
civilians or damage to civilian objects or
widespread, long-term and severe damage to the
natural environment which would be excessive in
relation to the concrete and direct military
advantage anticipated;
f. Launching an attack against works or installations
will cause excessive loss of life, injury to civilians
or damage to civilian objects, and causing death
or serious injury to body or health;
g. Attacking or bombarding, by whatever means,
towns, villages, dwellings or buildings which are
undefended and which are not military
objectives, or making non-defended localities or
demilitarized zones the object of attack;
h. Killing or wounding a person in the knowledge
that he/she is hors de combat, including a
combatant who, having laid down his/her arms or
no longer having means of defense, has
surrendered at discretion;
i. Making improper use of a flag of truce, of the flag
or the military insignia and uniform of the enemy
or of the United Nations, as well as of the
distinctive emblems of the Geneva Conventions
or other protective signs under International
Humanitarian Law, resulting in death, serious
personal injury or capture;
j. Intentionally directing attacks against buildings
dedicated to religion, education, art, science or
[Type text]
charitable purposes, historic monuments,
hospitals and places where the sick and
wounded are collected, provided they are not
military objectives. In case of doubt whether such
building or place has been used to make an
effective contribution to military action, it shall be
presumed not to be so used;
k. Subjecting persons who are in the power of an
adverse party to physical mutilation or to medical or
scientific experiments of any kind, or to removal of
tissue or organs for transplantation, which are
neither' justified by the medical, dental or hospital
treatment of the person concerned nor carried out in
his/her interest, and which cause death to or
seriously endanger the health of such person or
persons;
l. Killing, wounding or capturing an adversary by
resort to perfidy;
m. Declaring that no quarter will be given;
n. Destroying or seizing the enemy's property unless
such destruction or seizure is imperatively
demanded by the necessities of war;
o. Pillaging a town or place, even when taken by
assault;
p. Ordering the displacement of the civilian
population for reasons related to the conflict,
unless the security of the civilians involved or
imperative military reasons so demand;
q. Transferring, directly or indirectly, by the
occupying power of parts of its own civilian
population into the territory it occupies, or the
deportation or transfer of all or parts of the
population of the occupied territory within or
outside this territory;
r. Committing outrages upon personal dignity, in
particular, humiliating and degrading treatment;
s. Committing rape, sexual slavery, enforced
prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual violence
also constituting a grave breach of the Geneva
Conventions or a serious violation of common
Article 3 to the Geneva Conventions;
t. Utilizing the presence of a civilian or other
protected person to render certain points, areas
or military forces immune from military
operations;
u. Intentionally using starvation of civilians as a
method of warfare by depriving them of objects
indispensable to their survival, including willfully
impeding rebel supplies as provided for under
the Geneva Conventions and their Additional
Protocols;
v. In an international armed conflict, compelling the
nationals of the hostile party to take part m the
operations of war directed against their own
[Type text]
country, even If they were in the belligerent's
service before the commencement of the war;
w. In an international armed conflict, declaring
abolished, suspended or inadmissible In a court
of law the rights and actions of the nationals of
the hostile party;
x. Committing any of the following acts:
i. Conscripting, enlisting or recruiting children
under the age of fifteen (15) years into the
national armed forces;
ii. Conscripting, enlisting or recruiting children
under the age of eighteen (18) years into an
armed force or group other than the national
armed forces; and
iii. Using children under the age of eighteen (18)
years to participate actively m hostilities; and
y. Employing means of warfare which are prohibited
under international law, such as:
i. Poison or poisoned weapons;
ii. Asphyxiating, poisonous or other gases, and all
analogous liquids, materials or devices;
iii. Bullets which expand or flatten easily in the
human body, such as bullets with hard envelopes
which do not entirely cover the core or are
pierced with incisions; and
iv. Weapons, projectiles and material and methods
of warfare which are of the nature to cause
superfluous injury or unnecessary suffering or
which are inherently indiscriminate in violation of
the international law of armed conflict.
B. Genocide (Section 4):
1. Any of the following acts with intent to destroy, in
whole or in part, a national, ethnic, racial, religious,
social or any other similar stable and permanent
group as such:
a. Killing members of the group;
b. Causing serious bodily or mental harm to
members of the group;
c. Deliberately inflicting on the group conditions of
life calculated to bring about its physical
destruction in whole or in part;
d. Imposing measures intended to prevent births
within he group; and
e. Forcibly transferring children of the group to
another group.
2. Genocide is likewise committed when a person
directly and publicly incites others to commit
genocide.
C. Other Crimes against Humanity (Section 6) – means
any of the following acts when committed as part of a
widespread or systematic attack directed against any
civilian population, with knowledge of the attack:
1. Willful Killing;
2. Extermination;
3. Enslavement;
4. Arbitrary deportation or forcible transfer of population,
5. Imprisonment or other severe deprivation of physical
liberty in violation of fundamental rules of
International law;
6. Torture;
7. Rape, sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization, or any other form
of sexual violence of comparable gravity;
8. Persecution against any identifiable group or
collectivity on political, racial, national, ethnic,
cultural, religious, gender, sexual orientation or
other grounds that are universally recognized as
impermissible under international law, in
connection with any act referred to this paragraph
or any crime defined in this Act;
9. Enforced or involuntary disappearance of persons,
10. Apartheid; and
11. Other inhumane acts of a similar character
intentionally causing great suffering, or serious
injury to body or to mental or physical health.
Note: The crimes defined and penalized under this Act,
their prosecution, and the execution of sentences
imposed on their account, shall not be subject to any
prescription (Section 11).
REPUBLIC ACT NO. 9775
ANTI-CHILD PORNOGRAPHY
ACT OF 2009
Approved: November 17, 2009
Definition of Terms (Section 3)
Child
It refers to persons below eighteen (18) years of age or
those over but are unable to fully take care of themselves
or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or
mental disability or condition.
Further, “child” shall also refer to:
1. A person, regardless of age, who is presented, depicted
or believed to be a child as defined herein; and
2. A computer-generated, digitally or manually crafted
images or graphics of a person who is represented or
who is made to appear to be a child as defined herein.
24 | S p e c i a l P e n a l L a w s
[Type text]
Child Pornography
It refers to any public or private representation, by
whatever means, of a child engaged in real or simulated
explicit sexual activities or any representation of the
sexual parts of a child for primarily sexual purposes.
Child Pornography Materials
It is the means and methods by which child pornography
is carried out:
1. As to form:
a. Visual depiction - which includes not only images of
real children but also digital image, computer image
or computer-generated image that is
indistinguishable from that of real children engaging
in an explicit sexual activity. Visual depiction shall
include:
i. Undeveloped film and videotapes;
ii. Data and/ or images stored on a computer disk or
by electronic means capable of conversion into a
visual image;
iii. Photograph, film, video, picture, digital image or
picture, computer image or picture, whether made
or produced by electronic, mechanical or other
means;
iv. Drawings, cartoons, sculptures or paintings
depicting children; or
v. Other analogous visual depiction; or
b. Audio representation of a person who is or is
represented as being a child and who is engaged in
or is represented as being engaged in explicit sexual
activity, or an audio representation that advocates,
encourages or counsels any sexual activity with
children. It shall include audio recordings and live
audio transmission conveyed through whatever
medium including real-time internet communications;
or
c. Written text or material that advocates or counsels
explicit sexual activity with a child and whose
dominant characteristic is the description, for a
sexual purpose, of an explicit sexual activity with a
child.
1. As to content:
It includes representation of a person who is, appears to
be, or is represented as being a child, the dominant
characteristic of which is the depiction, for a sexual
purpose, of:
a. The sexual organ or the anal region, or a
representation thereof; or
b. The breasts, or a representation of the breasts, of a
female person.
Explicit Sexual Activity
It refers to actual or simulated:
1. Sexual intercourse or lascivious act including, but not
[Type text]
limited to, contact involving genital to genital, oral to
genital, anal to genital or oral to anal, whether between
persons of the same or opposite sex;
2. Bestiality;
3. Masturbation;
4. Sadistic or masochistic abuse;
5. Exhibition of the genitals, buttocks, breast, pubic area
and/or anus; or
6. Use of any object or instrument for lascivious acts.
Internet Address
It pertains to a website, bulletin board service, internet
chat room or news group, or any other internet or shared
network protocol address.
Internet Café or Kiosk
It refers to an establishment that offers or proposes to
offer services to the public for the use of its computer/s or
computer system for the purpose of accessing the
Internet, computer games or related services.
Internet Content Host
It refers to a person who hosts or who proposes to host
Internet content in the Philippines.
Internet Service Provider (ISP)
It refers to a person or entity that supplies, or proposes to
supply, an Internet carriage service to the public.
Luring
It means the act of communicating, by means of a
computer system, with a child or someone who the
offender believes to be a child for the purpose of
facilitating the commission of a sexual activity or
production of child pornography.
Grooming
It refers to the act of preparing a child or someone who
the offender believes to be a child for a sexual activity or
sexual relationship by communicating child pornography.
It includes online enticement, or enticement through any
other means.
Primarily sexual purposes
It refers to purposes which will fulfill all the following
conditions:
1. The average person applying contemporary community
standards would find the work taken as a whole
appealing to prurient interest and satisfying only the
market for gratuitous sex and violence;
2. The work depicts or describes sexual conduct in a
patently offensive way; and
3. The work taken as a whole imbued within its context,
manner or presentation, intention and culture,
[Type text]
lascivious, literary, artistic, political and scientific value.
Acts Punishable (Section 4): (CHEW-P5 –FEK)
1. To conspire to commit any of the prohibited acts stated
in this section. Conspiracy to commit any form of child
pornography shall be committed when two (2) or more
persons come to an agreement concerning the
commission of any of the said prohibited acts and
decide to commit it;
2. To hire, employ, use, persuade, induce or coerce a
child to perform in the creation or production of any form
of child pornography;
3. To engage in the luring or grooming of a child;
4. To willfully access any form of child pornography;
5. To produce, direct, manufacture or create any form of
child pornography;
6. To publish offer, transmit, sell, distribute, broadcast,
advertise, promote, export or import any form of child
pornography;
7. To possess any form of child pornography with the
intent to sell, distribute, publish, or broadcast: Provided.
Note: Possession of three (3) or more articles of child
pornography of the same form shall be prima facie
evidence of the intent to sell, distribute, publish or
broadcast;
8. For a parent, legal guardian or person having custody
or control of a child to knowingly permit the child to
engage, participate or assist in any form of child
pornography;
9. To possess any form of child pornography.
For film distributors, theaters and telecommunication
companies, by themselves or in cooperation with other
entities, to distribute any form of child pornography;
10. To engage in pandering of any form of child
pornography;
11. To knowingly, willfully and intentionally provide a
venue for the commission of prohibited acts as, but not
limited to, dens, private rooms, cubicles, cinemas,
houses or in establishments purporting to be a
legitimate business;
Syndicated Child Pornography (Section 5)
If carried out by a group of three (3) or more persons
conspiring or confederating with one another.
Who May File a Complaint (Section 6): (O-PABLO-
PALO)
1. Offended party
2. Parents or guardians
3. Ascendant or collateral relative within the third degree
of consanguinity
4. Barangay chairman
5. Local social welfare development officer
6. Officer, social worker or representative of a licensed
child-caring institution
7. Any person who has personal knowledge of the
circumstances of the commission of any offense under
this Act
8. At least 3 concerned responsible citizens residing in the
place where the violation occurred
9. Any law enforcement officer
10. Officer or social worker of the DSWD
REPUBLIC ACT. NO. 9745
ANTI-TORTURE ACT OF 2009
An Act Penalizing Torture and Other Cruel, Inhuman
and Degrading Treatment or Punishment and
Prescribing Penalties Therefor
Approved: November 10, 2009
Definition of Terms (Section 3)
Torture
It is an act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him/her or a third person
information or a confession; punishing him/her for an act
he/she or a third person has committed or is suspected of
having committed; or intimidating or coercing him/her or a
third person; or for any reason based on discrimination of
any kind, when such pain or suffering is inflicted by or at
the instigation of or with the consent or acquiescence of a
person in authority or agent of a person in authority. It
does not include pain or Buffering arising only from,
inherent in or incidental to lawful sanctions.
Other cruel, inhuman and degrading treatment or
punishment
It refers to a deliberate and aggravated treatment or
punishment not enumerated under Section 4 of his Act,
inflicted by a person in authority or agent of a person in
authority against a person under his/her custody, which
attains a level of severity causing suffering, gross
humiliation or debasement to the latter.
Note: The assessment of the level of severity shall
depend on all the circumstances of the case, including the
duration of the treatment or punishment, its physical and
mental effects and, in some cases, the sex, religion, age
and state of health of the victim.
Victim
It refers to the person subjected to torture or other cruel,
inhuman and degrading treatment or punishment as
defined above and any individual who has suffered harm
as a result of any act(s) of torture, or other cruel, inhuman
and degrading treatment or punishment.
26 | S p e c i a l P e n a l L a w s
[Type text]
Order of Battle
It is any document or determination made by the military,
police or any law enforcement agency of the government,
listing the names of persons and organizations that it
perceives to be enemies of the State and that it considers
as legitimate targets as combatants that it could deal with,
through the use of means allowed by domestic and
international law.
Acts Punishable
A. Acts of Torture, which shall include, but not limited to
the following (Section 4):
1. Physical torture – is a form of treatment or
punishment inflicted by a person in authority or
agent of a person in authority upon another in
his/her custody that causes severe pain,
exhaustion, disability or dysfunction of one or more
parts of the body, such as:
a. Systematic beating, head banging, punching,
kicking, striking with truncheon or rifle butt or
other similar objects, and jumping on the
stomach;
b. Food deprivation or forcible feeding with spoiled
food, animal or human excreta and other stuff or
substances not normally eaten;
c. Electric shock;
d. Cigarette burning; burning by electrically heated
rods, hot oil, acid; by the rubbing of pepper or
other chemical substances on mucous
membranes, or acids or spices directly on the
wound(s);
e. The submersion of the head in water or water
polluted with excrement, urine, vomit, and/or
blood until the brink of suffocation;
f. Being tied or forced to assume fixed and stressful
bodily position;
g. Rape and sexual abuse, including the insertion
of foreign objects into the sex organ or rectum,
or electrical torture of the genitals;
h. Mutilation or amputation of the essential parts of
the body such as the genitalia, ear, tongue, etc.;
i. Dental torture or the forced extraction of the
teeth;
j. Pulling out of fingernails;
k. Harmful exposure to the elements such as
sunlight and extreme cold;
l. The use of plastic bag and other materials placed
over the head to the point of asphyxiation;
m. The use of psychoactive drugs to change the
perception, memory. alertness or will of a
person, such as:
i. The administration of drugs to induce confession
and/or reduce mental competency; or
ii. The use of drugs to induce extreme pain or
certain symptoms of a disease; and
[Type text]
n. Other analogous acts of physical torture; and
1. Mental or Psychological Torture –refers to acts
committed by a person in authority or agent of a
person in authority which are calculated to affect or
confuse the mind and/or undermine a person’s
dignity and morale, such as:
a. Blindfolding;
b. Threatening a person(s) or his/her relative(s)
with bodily harm, execution or other wrongful
acts;
c. Confinement in solitary cells or secret detention
places;
d. Prolonged interrogation;
e. Preparing a prisoner for a “show trial”, public
display or public humiliation of a detainee or
prisoner;
f. Causing unscheduled transfer of a person
deprived of liberty from one place to another,
creating the belief that he/she shall be
summarily executed;
g. Maltreating a member/s of a person’s family;
h. Causing the torture sessions to be witnessed by
the person’s family, relatives or any third party;
i. Denial of sleep/rest;
j. Shame infliction such as stripping the person
naked, parading him/her in public places,
shaving the victim’s head or putting marks on
his/her body against his/her will;
k. Deliberately prohibiting the victim to
communicate with any member of his/her
family; and
l. Other analogous acts of mental/psychological
torture.
Note: (Section 6) Torture and other cruel, inhuman and
degrading treatment or punishment as criminal acts shall
apply to all circumstances. A state of war or a threat of
war, internal political instability, or any other public
emergency, or a document or any determination
comprising an order of battle shall not and can never be
invoked as a justification for torture and other cruel,
inhuman and degrading treatment or punishment.
Prohibited detention (Section 7)
Secret detention places, solitary confinement,
incommunicado or other similar forms of detention, where
torture may be carried out with impunity are hereby
prohibited. In which case, the Philippine National Police
(PNP), the Armed Forces of the Philippines (AFP) and
other law enforcement agencies concerned shall make an
updated list of all detention centers and facilities under
their respective jurisdictions with the corresponding data
on the prisoners or detainees incarcerated or detained
[Type text]
therein such as, among others, names, date of arrest and
incarceration, and the crime or offense committed.
Note: The list of detainees and detention facilities shall be
available to the public at all times and submitted to the
CHR.
Non-applicability of Exclusionary Rule (Section 8)
Any confession, admission or statement obtained as a
result of torture shall be inadmissible in evidence in any
proceedings, except if the same is used as evidence
against a person or persons accused of committing
torture.
Torture as a Separate and Independent Crime (Section
15)
Torture as a crime shall not absorb or shall not be
absorbed by any other crime or felony committed as a
consequence, or as a means in the conduct or
commission thereof. In which case, torture shall be treated
as a separate and independent criminal act whose
penalties shall be imposable without prejudice to any
other criminal liability provided for by domestic and
international laws.
REPUBLIC ACT NO. 9995
ANTI- PHOTO AND VIDEO VOYEURISM
ACT OF 2009
An Act Defining and Penalizing the Crime of Photo
and Video Voyeurism, Prescribing Penalties Therefor,
and for Other Purposes
Approved: February 15, 2010
Definition of Terms (Section 3)
Broadcast
It is to make public, by any means, a visual image with the
intent that it be viewed by a person or persons.
Capture
With respect to an image, means to videotape,
photograph, film, record by any means, or broadcast.
Female breast
It is any portion of the female breast.
Photo or video voyeurism
It is the act of taking photo or video coverage of a person
or group of persons performing sexual act or any similar
activity or of capturing an image of the private area of a
person or persons without the latter's consent, under
circumstances in which such person/s has/have a
reasonable expectation of privacy, or the act of selling,
copying, reproducing, broadcasting, sharing, showing or
exhibiting the photo or video coverage or recordings of
such sexual act or similar activity through VCD/DVD,
internet, cellular phones and similar means or device
without the written consent of the person/s involved,
notwithstanding that consent to record or take photo or
video coverage of same was given by such person/s.
Private area of a person/s
It is the naked or undergarment clad genitals, pubic area,
buttocks or female breast of an individual.
Under circumstances in which a person has a
reasonable expectation of privacy- belief that he/she
could disrobe in privacy, without being concerned that an
image or a private area of the person was being captured;
or circumstances in which a reasonable person would
believe that a private area of the person would not be
visible to the public, regardless of whether that person is
in a public or private place.
Acts Punished (Section 4)
1. To take photo or video coverage of a person or group
of persons performing sexual act or any similar activity
or to capture an image of the private area of a
person/s such as the naked or undergarment clad
genitals, pubic area, buttocks or female breast without
the consent of the person/s involved and under
circumstances in which the person/s has/have a
reasonable expectation of privacy;
2. To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of sexual
act or any similar activity with or without consideration;
3. To sell or distribute, or cause to be sold or distributed,
such photo or video or recording of sexual act, whether
it be the original copy or reproduction thereof; or
4. To publish or broadcast, or cause to be published or
broadcast, whether in print or broadcast media, or
show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and other
similar means or device.
Note: The prohibition under Nos. 2, 3 & 4 shall apply
notwithstanding that consent to record or take photo or
video coverage of the same was given by such person/s.
Any person who violates this provision shall be liable for
photo or video voyeurism as defined herein.
REPUBLIC ACT. NO. 9184
GOVERNMENT PROCUREMENT
REFORM ACT
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[Type text]
An Act Providing for the Modernization,
Standarization and Regulation of the Procurement
Activities of the Government and for Other Purposes
Approved: January 10, 2003
Definition of Terms (Section 5)
BAC
It is the Bids and Awards Committee
Bid
It is signed offer or proposal submitted by a supplier,
manufacturer, distributor, contractor or consultant in
response to the Bidding Documents.
Competitive Bidding
It is a method of procurement which is open to
participation by any interested party and which consist of
the following processes: advertisement, pre-bid
conference, eligibility screening of bids, evaluations of
bids, post - qualification, and award of contract, the
specific requirements and mechanics of which shall be
defined in the IRR to be promulgated under this Act.
Consulting Services
It is services for Infrastructure Projects and other types of
projects or activities of the Government requiring
adequate external technical and professional experts that
are beyond the capability and/or capacity of the
government to undertake such as, but not limited to:
1. advisory and review services
2. pre investment or feasibility studies
3. design
4. construction supervision
5. management and related services
6. other technical services or special studies.
Goods
All items, supplies, materials and general support
services, except consulting services and infrastructure
projects, which may be needed in the transaction of the
public businesses or in the pursuit of any government
undertaking, project or activity, whether in the nature of
equipment, furniture, stationery, materials for construction,
or personal property of any kind, including non - personal
or contractual services such as the repair and
maintenance of equipment and furniture, as well as
trucking, hauling, janitorial, security, and related or
analogous services, as well as procurement of materials
and supplies provided by the procuring entity or such
services.
[Type text]
Head of the Procuring Entity
It refers to:
1. the head of the agency or his duly authorized official,
for national government agencies;
2. the governing board or its duly authorized official, for
government-owned and/or-controlled corporation; or
3. the local chief executive, for local government units.
Note: In a department, office or agency where the
procurement is decentralized, the Head of each
decentralized unit shall be considered as the Head of the
Procuring Entity subject to the limitations and authority
delegated by the head of the department, office or
agency.
Infrastructure Projects
It includes the construction, improvement, rehabilitation,
demolition, repair, restoration or maintenance of roads
and bridges, railways, airports, seaports, communication
facilities, civil works components of information technology
projects, irrigation, flood control and drainage, water
supply, sanitation, sewerage and solid waste
management systems, shore protection, energy/power
and electrification facilities, national buildings, school
buildings and other related construction projects of the
government.
Procurement
It is the acquisition of Goods, Consulting Services, and the
contracting for Infrastructure Projects by the Procuring
Entity. Procurement shall also include the lease of goods
and real estate. With respect to real property, its
procurement shall be governed by the provisions of
Republic Act No.8974, entitled "An Act to Facilitate the
Acquisition of Right-of -Way Site or Location of National
Government Infrastructure Projects and for Other
Purposes" and other applicable laws, rules and
regulations.
Procuring Entity
It is any branch, department, office, agency, or
instrumentality of the government, including state
universities and colleges, government-owned and/or -
controlled corporations, government financial institutions,
and local government units procuring Goods, Consulting
Services and Infrastructure Projects.
Acts Punished (Section 65)
A. Public officers who (DO-USA):
Note: The liability and punishment for public officers
are without prejudice to the provisions of RA 3019 and
other penal laws.
1. Delaying, without justifiable cause, the screening for
eligibility, opening of bids, evaluation and post
[Type text]
evaluation of bids, and awarding of contracts
beyond the prescribed periods of Bids or other
documents;
2. Open any sealed Bid including but not limited to
Bids that may have been submitted through the
electronic system and any and all documents
required to be sealed or divulging their contents,
prior to the appointed time for the public opening of
Bids or other documents;
3. Unduly influencing or exerting undue pressure on
any member of the BAC or any officer or employee
of the procuring entity to take a particular bidder;
4. Splitting of contracts which exceed procedural
purchase limits and competitive bidding;
5. When the head of the agency abuses the exercise
of his power to reject any and all bids as mentioned
under Section 41 of this Act with manifest
preference to any bidder who is closely related to
him in accordance with Section 47 of this Act.
Note: In addition to the proposed contents of the Invitation
to Bid as mentioned under Section 21, all bidding
documents shall be accompanied by a sworn affidavit of
the bidder that he or she or any officer of their corporation
in not related to the Head of the Procuring Entity by
consanguinity or affinity up to the third civil degree
(Section 47)
Note: When done in collusion with private individuals, the
private individuals shall likewise be liable for the offense.
B. Private individuals who, including any public officer,
who conspires with them (MARR- WUFF):
1. When a bidder maliciously submits different Bids
through two or more persons, corporations,
partnerships or any other business entity in which
he has interest of create the appearance of
competition that does not in fact exist so as to be
adjudged as the winning bidder;
2. When two or more bidders agree and submit
different Bids as if they were bona fide, when they
knew that one or more of them was so much higher
than the other that it could not be honestly
accepted and that the contract will surely be
awarded to the pre-arranged lowest Bid;
3. When two or more bidders enter into an agreement
which call upon one to refrain from bidding for
Procurement contracts, or which call for withdrawal
of bids already submitted, or which are otherwise
intended to secure as undue advantage to any one
of them;
4. When a bidder, by himself or in connivance with
others, employ schemes which tend to restrain the
natural rivalry of the parties or operates to stifle or
suppress competition and thus produce a result
disadvantageous to the public;
5. Withdraw a Bid, after it shall have qualified as the
Lowest Calculated Bid/Highest Rated Bid, or to
accept and award, without just cause or for the
purpose of forcing the Procuring Entity to award the
contract to another bidder. This shall include the
non-submission of requirements such as, but not
limited to, performance security, preparatory to the
final award of the contract;
6. Participate in a public bidding using the name of
another or allow another to use one's name for the
purpose of participating in a public bidding;
7. Submit eligibility requirements of whatever kind and
nature that contain false information or falsified
documents calculated to influence the outcome of
the eligibility screening process or conceal such
information in the eligibility requirements when the
information will lead to a declaration of ineligibility
from participating in public bidding;
8. Submit Bidding Documents of whatever kind and
nature than contain false information or falsified
documents or conceal such information in the
Bidding Documents, in order to influence the
outcome of the public bidding.
Civil Liability in Case of Conviction (Section 67)
Without prejudice to administrative sanctions that may be
imposed in proper cases, a conviction under this Act or
RA 3019 shall carry with it civil liability, which may either
consist of restitution for the damage done or the forfeiture
in favor of the government of any unwarranted benefit
derived from the act or acts in question or both, at the
discretion of the courts.
P.D. NO. 968
PROBATION LAW OF 1976
Approved: July 24, 1976
Purpose (Section 2):
1. promote the correction and rehabilitation of an
offender by providing him with individualized treatment;
2. provide an opportunity for the reformation of a
penitent offender; and
3. prevent the commission of offenses.
Definition of Terms (Section 3):
Probation
It is a disposition under which a defendant, after
conviction and sentence, is released subject to conditions
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imposed by the court and to the supervision of a probation
officer.
Probationer
It is a person placed on probation.
Probation Officer
He is one who investigates for the court a referral for
probation or supervises a probationer or both.
Grant of Probation (Section 4):
Application
An application for probation shall be filed with the trial
court, with notice to the appellate court if an appeal has
been taken from the sentence of conviction. The filing of
the application shall be deemed:
1. a waiver of the right to appeal, or
2. the automatic withdrawal of a pending appeal.
Note: Probation may be granted whether the sentence
imposes a term of imprisonment or fine only
Order
The court may, after conviction and upon application of
the defendant:
1. suspend the execution of the sentence; and
2. place the defendant on probation upon such period and
terms as it may deem best.
Note: An order granting or denying probation shall not be
appealable.
Criteria for Placing an Offender on Probation (Section
8):
The court shall consider all information relative to the:
1. character;
2. antecedents;
3. environment;
4. mental and physical condition of the offender;
5. and available institutional and community resources.
Probation shall be denied if the court finds that (CUD):
1. the offender is in need of correctional treatment that
can be provided most effectively by his commitment to
an institution;
2. there is undue risk that during the period of probation
the offender will commit another crime; or
3. probation will depreciate the seriousness of the offense
committed.
Disqualified Offenders (Section 9): (SS- SPF)
1. those sentenced to serve a maximum term of
imprisonment of more than six years;
[Type text]
2. those convicted of any offense against the security of
the State;
3. those who are already serving sentence at the time the
substantive provisions of this Decree became
applicable.
4. those who have been once on probation;
5. those who have previously been convicted by final
judgment of an offense punished by imprisonment of
not less than one month and one day and/or a fine of
not less than P200;
Conditions (Section 10)
1. Mandatory Conditions:
The probationer shall:
a. Present himself to the probation officer within 72
hours from receipt of probation order.
b. Report himself to the probation officer at least once a
month during the period of probation.
2. Discretionary Conditions:
a. cooperate with a program of supervision
b. meet his family responsibilities;
c. devote himself to a specific employment and not to
change said employment without the prior written
approval of the probation officer;
d. undergo medical, psychological or psychiatric
examination and treatment and enter and remain in a
specified institution, when required for that purpose;
e. pursue a prescribed secular study or vocational
training;
f. attend or reside in a facility established for instruction,
recreation or residence of persons on probation;
g. refrain from visiting houses of ill-repute;
h. abstain from drinking intoxicating beverages to
excess;
i. permit to probation officer or an authorized social
worker to visit his home and place or work;
j. reside at premises approved by it and not to change
his residence without its prior written approval; or
k. satisfy any other condition related to the rehabilitation
of the defendant and not unduly restrictive of his
liberty or incompatible with his freedom of
conscience.
Period (Section 14)
If the sentence imposes:
1. imprisonment of not more than one year- period shall
not exceed two years
2. imprisonment of more than one year- period shall not
exceed six years.
3. Fine only and the offender is made to serve subsidiary
imprisonment- period shall not be less than nor to be
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more than twice the total number of days of subsidiary
imprisonment
Arrest of Probationer (Section 15)
If the probationer violated any of the conditions of
probation:
1. the court shall issue a warrant of arrest
2. he shall be brought before the court for informal and
summary hearing
3. the court may grant bail; and
4. the court may revoke or continue his probation or
modify the conditions.
Termination of Probation (Section 16)
After the period of probation and upon consideration of
the report and recommendation of the probation officer,
the court may order the final discharge of the probationer
upon finding that he has fulfilled the terms and conditions
of his probation
Effects of Termination (id.)
1. The case is deemed terminated;
2. Restore to him all civil rights lost or suspend as a result
of his conviction; and
3. To fully discharge his liability for any fine
PD NO. 532
ANTI-PIRACY AND ANTI-HIGHWAY
ROBBERY LAW OF 1974
PENALTY IN THE PHILIPPINES
Approved: August 8, 1974
Definition of Terms (Section 2):
Philippine Waters
It refer to all bodies of water, such as but not limited to,
seas, gulfs, bays around, between and connecting each of
the Islands of the Philippine Archipelago, irrespective of its
depth, breadth, length or dimension, and all other waters
belonging to the Philippines by historic or legal title,
including territorial sea, the sea-bed, the insular shelves,
and other submarine areas over which the Philippines has
sovereignty or jurisdiction.
Vessel
It is any vessel or watercraft used for transport of
passengers and cargo from one place to another through
Philippine Waters. It shall include all kinds and types of
vessels or boats used in fishing.
Philippine Highway
It refers to any road, street, passage, highway and bridges
or other parts thereof, or railway or railroad within the
Philippines used by persons, or vehicles, or locomotives
or trains for the movement or circulation of persons or
transportation of goods, articles, or property or both.
Piracy
It is ny attack upon or seizure of any vessel, or the taking
away of the whole or part thereof or its cargo, equipment,
or the personal belongings of its complement or
passengers, irrespective of the value thereof, by means of
violence against or intimidation of persons or force upon
things, committed by any person, including a passenger or
member of the complement of said vessel, in Philippine
waters.
Pirates
It refers to the offenders
Highway Robbery/Brigandage- the seizure of any
person for ransom, extortion or other unlawful purposes,
or the taking away of the property of another by means of
violence against or intimidation of person or force upon
things of other unlawful means, committed by any person
on any Philippine Highway.
Accomplice
Any person who:
1. knowingly or protects pirates or highway
robbers/brigands, such as giving them information
about the movement of police or other peace officers of
the government;
2. acquires or receives property taken by such pirates or
brigands or in any manner derives any benefit
therefrom;
3. directly or indirectly abets the commission of piracy or
highway robbery or brigandage, shall be considered as
an accomplice of the principal offenders and be
punished in accordance with the Rules prescribed by
the Revised Penal Code.
Acts Punishable and Their Penalties
PUNISHABLE ACTS PENALTIES
Piracy reclusion temporal in its
medium and maximum
periods
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Piracy with rape, mandatory penalty of 2. It shall be unlawful for any person to commit any of the
murder or homicide death acts mentioned in no. (1) under any of the following
circumstances (Section 2):
Piracy and the a. whenever he has fired upon the pilot, member of the
offenders: crew or passenger of the aircraft;
1. abandoned the b. whenever he has exploded or attempted to explode
victims without means any bomb or explosive to destroy the aircraft;
of saving themselves c. Whenever the crime is accompanied by murder,
seized the vessel by homicide, serious physical injuries or rape.
firing upon or boarding
it Penalty: Imprisonment of fifteen years to death, or a
fine of not less than twenty-five thousand pesos but
Highway reclusion temporal in its not more than fifty thousand pesos
Robbery/Brigandage minimum period
Highway reclusion temporal in its 3. It shall be unlawful for any person, natural or juridical, to
Robbery/Brigandage medium and maximum ship, load or carry in any passenger aircraft operating as a
with physical injuries or periods public utility within the Philippines, and explosive,
other crimes flammable, corrosive or poisonous substance or material
Highway death penalty (Section 3).
Robbery/Brigandage
with kidnapping for Penalty: Imprisonment of at least five years but not more
ransom or extortion, or than ten years or by a fine of not less than ten thousand
murder or homicide, or pesos but not more than twenty thousand pesos.
rape
REPUBLIC ACT NO. 4200
ANTI-WIRETAPPING LAW
REPUBLIC ACT NO. 6235
Approved: Jun 19, 1965
ANTI- HIJACKING LAW
Acts Punishable
It shall be unlawful for any person:
Approved: June 19, 1971 1. not being authorized by all the parties to any private
communication or spoken word, to tap any wire or
Acts Punishable cable, or by using any other device or arrangement, to
1. It shall be unlawful for any person to (Section 1): secretly overhear, intercept, or record such
a. compel a change in the course or destination of an communication or spoken word by using a device
aircraft of Philippine registry commonly known as a dictaphone or dictagraph or
b. seize or usurp the control thereof, while it is in flight. dictaphone or walkie-talkie or tape recorder, or
c. compel an aircraft of foreign registry to land in however otherwise described (Sec. 1 par.1);
Philippine territory 2. be he a participant or not in the act or acts penalized in
d. seize or usurp the control thereof while it is within the the next preceding sentence, to knowingly possess
said territory. any tape record, wire record, disc record, or any
other such record, or copies thereof, of any
Penalty: Imprisonment of not less than twelve (12) communication or spoken word secured either before
years but not more than twenty (20) years, or by a fine or after the effective date of this Act in the manner
of not less than twenty thousand (20,000) pesos but not prohibited by this law; or to replay the same for any
more than forty thousand (40,000) pesos. other person or persons; or to communicate the
contents thereof, either verbally or in writing, or to
Note: An aircraft is in flight from the moment all its furnish transcriptions thereof, whether complete or
external doors are closed following embarkation until partial, to any other person: Provided, That the use of
any of such doors is opened for disembarkation (id.) such record or any copies thereof as evidence in
any civil, criminal investigation or trial of offenses
mentioned in section 3 hereof, shall not be covered
by this prohibition (Sec.1 par.2).

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Exception: Nothing contained in this Act, however, shall
render it unlawful or punishable for any peace officer, who
is authorized by a written order of the Court, to execute
any of the acts declared to be unlawful in the two
preceding sections in cases involving the crimes of:
1. treason,
2. espionage,
3. provoking war and disloyalty in case of war,
4. piracy,
5. mutiny in the high seas,
6. rebellion,
7. conspiracy and proposal to commit rebellion,
8. inciting to rebellion, sedition,
9. conspiracy to commit sedition,
10. inciting to sedition,
11. kidnapping as defined by the Revised Penal Code,
and
12. violations of Commonwealth Act No. 616, punishing
espionage and other offenses against national
security (Sec.3 par.1)
The written order shall only be issued or granted:
(Sec. 3 par.1)
1. upon written application and the examination under
oath or affirmation of the applicant and the witnesses
he may produce,
2. that there are reasonable grounds to believe that any of
the crimes enumerated hereinabove has been
committed or is being committed or is about to be
committed,
Provided, however, That in cases involving the
offenses of rebellion, conspiracy and proposal to
commit rebellion, inciting to rebellion, sedition,
conspiracy to commit sedition, and inciting to sedition,
such authority shall be granted only upon prior proof
that a rebellion or acts of sedition, as the case may be,
have actually been or are being committed;
3. that there are reasonable grounds to believe that
evidence will be obtained essential to the conviction of
any person for, or to the solution of, or to the
prevention of, any of such crimes; and
4. that there are no other means readily available for
obtaining such evidence.
The written order of the Court shall specify: (Sec.3
par.2)
1.the identity of the person or persons whose
communications, conversations, discussions, or spoken
words are to be overheard, intercepted, or recorded
and, in the case of telegraphic or telephonic
communications, the telegraph line or the telephone
number involved and its location;
2.the identity of the peace officer authorized to overhear,
intercept, or record the communications, conversations,
discussions, or spoken words;
3. the offense or offenses committed or sought to be
prevented; and
4. the period of the authorization.
Note: The authorization shall be effective for the period
specified in the order which shall not exceed sixty (60)
days from the date of issuance of the order, unless
extended or renewed by the court upon being satisfied
that such extension or renewal is in the public interest.
BATAS PAMBANSA BLG. 22
BOUNCING CHECKS LAW
Approved: April 3. 1979
Acts Punishable
1. Any person who makes or draws and issues any check
to apply on account or for value, knowing at the time of
issue that he does not have sufficient funds in or credit
with the drawee bank for the payment of such check in
full upon its presentment, which check is subsequently
dishonored by the drawee bank for insufficiency of
funds or credit or would have been dishonored for the
same reason had not the drawer, without any valid
reason, ordered the bank to stop payment (Sec. 1 par.
1).
2. any person who, having sufficient funds in or credit with
the drawee bank when he makes or draws and issues a
check, shall fail to keep sufficient funds or to maintain a
credit to cover the full amount of the check if presented
within a period of ninety (90) days from the date
appearing thereon, for which reason it is dishonored by
the drawee bank (Sec. 1 par. 2).
Note: Where the check is drawn by a corporation,
company or entity, the person or persons who actually
signed the check in behalf of such drawer shall be liable
under this Act (Sec. 1 par. 3).
Penalty: punishable by imprisonment of not less than
thirty days but not more than one (1) year or by a fine of
not less than but not more than double the amount of the
check which fine shall in no case exceed Two Hundred
Thousand Pesos, or both such fine and imprisonment at
the discretion of the court.
Note: Under Administrative Circular 12-2000 issued on
21 November 2000, the Supreme Court (Second
Division), in its decision in Eduardo Vaca v. Court of
Appeals (G.R. No. 131714, 16 November 1998; 298
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SCRA 656, 664), per Mr. Justice V. Mendoza, modified
the sentence imposed for violation of B.P. Blg. 22 by
deleting the penalty of imprisonment and imposing only
the penalty of fine in an amount double the amount of the
check.
Administrative Circular No. 13-2001 further clarified
that:
1.Administrative Circular 12-2000 does not remove
imprisonment as an alternative penalty for violations
of B.P. Blg. 22;
2. The Judges concerned may, in the exercise of sound
discretion, and taking into consideration the peculiar
circumstances of each case, determine whether the
imposition of a fine alone would best serve the interests
of justice or whether forbearing to impose imprisonment
would depreciate the seriousness of the offense, work
violence on the social order, or otherwise be contrary to
the imperatives of justice
3. Should only a fine be imposed and the accused be
unable to pay the fine, there is no legal obstacle to the
application of the Revised Penal Code provisions on
subsidiary imprisonment.
Prima Facie Evidence of Knowledge of Insufficient
Funds:
The making, drawing and issuance of a check payment of
which is refused by the drawee because of insufficient
funds in or credit with such bank, when presented within
ninety (90) days from the date of the check, shall be prima
facie evidence of knowledge of such insufficiency of funds
or credit
Exceptions:
1. When the maker or drawer pays the holder thereof the
amount due thereon, or
2. makes arrangements for payment in full by the drawee
of such check within (5) banking days after receiving
notice that such check has not been paid by the drawee.
PRESIDENTIAL DECREE NO. 1612
ANTI-FENCING LAW OF 1979
Approved: June 15, 1979
Definition of Terms
Fencing
[Type text]
It is the act of any person who, with intent to gain for
himself or for another, shall buy, receive, possess, keep,
acquire, conceal, sell or dispose of, or shall buy and sell,
or in any other manner deal in any article, item, object or
anything of value which he knows, or should be known to
him, to have been derived from the proceeds of the crime
of robbery or theft. (Sec. 2, par 1)
Fence
It includes any person, firm, association, corporation or
partnership or other organization who/which commits the
act of fencing. (Sec. 2, par 2)
Note: If the fence is a partnership, firm, corporation or
association, the president or the manager or any officer
thereof who knows or should have known the commission
of the offense shall be liable. (Sec. 4)
Presumption of Fencing (Sec. 5)
General Rule: Mere possession of any good, article, item,
object, or anything of value which has been the subject of
robbery or thievery shall be prima facie evidence of
fencing.
Exception: Possession of Clearance/Permit to
Sell/Used Second Hand Articles.
All stores, establishments or entities dealing in the buy
and sell of any good, article item, object of anything of
value obtained from an unlicensed dealer or supplier
thereof, shall before offering the same for sale to the
public, secure the necessary clearance or permit from the
station commander of the Integrated National Police in the
town or city where such store, establishment or entity is
located.
Any person who fails to secure the clearance or permit
required by this section or who violates any of the
provisions of the rules and regulations promulgated there
under shall upon conviction be punished as a fence.
REPUBLIC ACT NO. 9344
JUVENILE JUSTICE AND WELFARE
ACT OF 2006
Approved: April 28, 2006
Definition of terms (Section 4):
"Child"
It refers to a person under the age of eighteen (18) years.
 [Type text]

"Child at Risk"
It refers to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal, family
and social circumstances Step 1: Determination of Age (sec. 7)

"Child in Conflict with the Law" Presumption: The child in conflict with the law shall enjoy
It refers to a child who is alleged as, accused of, or the presumption of minority.
adjudged as, having committed an offense under
Philippine laws. Construction: In case of doubt as to the age of the child,
it shall be resolved in his/her favor.
Minimum Age of Criminal Responsibility (Sec 6) Evidence of age:
1. Documents:
Age and Corresponding Liability a. child’s birth certificate,
Age Criminal Civil b. Baptismal certificate
Liability Liability c. Any other pertinent documents.
15 years of age or Exempt Subject to
under at the time civil liability 2. In the absence of the above documents, information
of the commission from: (cta)
of the offense a. the child himself/herself,
Above 15 years Exempt Subject to b. testimonies of other persons,
but below 18 years civil liability c. the physical appearance of the child and other
of age without relevant evidence.
discernment
Above 15 years Subject to Subject to Step 2: Ascertainment of Criminal Liability based on
but below 18 years criminal liability civil liability Age and Discernment
of age with but shall 1. Child 15 years of age or under at the time of the
discernment undergo commission of the offense- shall be exempt from
diversion criminal liability. However, the child shall be
program subjected to an intervention program.
At least 18 years Subject to Subject to 2. If the child is 15 years of age or below - the authority
of age criminal liability civil liability has the duty to release the child to the custody of:
a. his/her parents or guardian or in the absence
thereof, the child’s nearest relative;
b. duly registered nongovernmental or religious
organization, a barangay official or a member of
the Barangay Council for the Protection of Children
(BCPC), a local social welfare and development
officer upon refusal of the above-mentioned; or
c. when and where appropriate, the DSWD.

Procedure for Taking the Child into Custody (Sec. 21)

PROCEDURE From the moment a child is taken into custody, the law
enforcement officer shall:
Determination of Age 1. Explain to the child in simple language and in a dialect
that he/she can understand why he/she is being
placed under custody and the offense that he/she
allegedly committed;
2. Inform the child of the reason for such custody and
If 15-18 year old If 15-18 year old If below 15 advise the child of his/her constitutional rights in a
w/o discernment
with discernment language or dialect understood by him/her;
3. Properly identify himself/herself and present proper
identification to the child;

Subjected to Subjected to
intervention diversion Subjected to
program program
intervention 36 | S p e c i a l P e n a l L a w s
program
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4. Refrain from using vulgar or profane words and
from sexually harassing or abusing, or making sexual
advances on the child in conflict with the law;
5. Avoid displaying or using any firearm, weapon,
handcuffs or other instruments of force or restraint,
unless absolutely necessary and only after all other
methods of control have been exhausted and have
failed;
6. Refrain from subjecting the child in conflict with the
law to greater restraint than is necessary.
7. Avoid violence or unnecessary force;
8. Determine the age of the child.
9. Immediately but not later than eight (8) hours after
apprehension, turn over custody of the child to the
Social Welfare and Development Office or other
accredited NGOs, and notify the child's apprehension.
The social welfare and development officer shall explain
to the child and the child's parents/guardians the
consequences of the child's act with a view towards
counseling and rehabilitation, diversion from the
criminal justice system, and reparation, if appropriate;
10. Take the child immediately to the proper medical
and health officer for a thorough physical and mental
examination. The examination results shall be kept
confidential unless otherwise ordered by the Family
Court.
11. Ensure that should detention of the child in conflict
with the law be necessary, the child shall be secured in
quarters separate from that of the opposite sex and
adult offenders;
12. Record the following in the initial investigation:
a.Whether handcuffs or other instruments of restraint
were used, and if so, the reason for such;
b. That the parents or guardian of a child, the DSWD,
and the PA0 have been informed of the apprehension
and the details thereof; and
c.The exhaustion of measures to determine the age of a
child and the precise details of the physical and
medical examination or the failure to submit a child to
such examination; and
13. Ensure that all statements signed by the child
during investigation shall be witnessed by the
child's parents or guardian, social worker, or legal
counsel in attendance who shall affix his/her
signature to the said statement.
Note: A child in conflict with the law shall only be
searched by a law enforcement officer of the same gender
and shall not be locked up in a detention cell.
Child above 15 years but below 18 years of age who
acted WITHOUT discernment-exempt from criminal
liability and be subjected to an intervention program.
Child above 15 years but below 18 years of age who
[Type text]
acted WITH discernment- subjected to the appropriate
proceedings in accordance with this Act.
Discernment
It is the mental capacity to understand the difference
between right and wrong and its consequences.
SEC. 23. System of Diversion. - Children in conflict with
the law shall undergo diversion programs without
undergoing court proceedings subject to the conditions
herein provided:
1. Where the imposable penalty for the crime committee is
not more than six (6) years imprisonment, the law
enforcement officer or Punong Barangay with the
assistance of the local social welfare and development
officer or other members of the LCPC shall conduct
mediation, family conferencing and conciliation and,
where appropriate, adopt indigenous modes of conflict
resolution in accordance with the best interest of the
child with a view to accomplishing the objectives of
restorative justice and the formulation of a diversion
program. The child and his/her family shall be present in
these activities.
2. In victimless crimes where the imposable penalty is not
more than six (6) years imprisonment, the local social
welfare and development officer shall meet with the
child and his/her parents or guardians for the
development of the appropriate diversion and
rehabilitation program, in coordination with the BCPC;
3. Where the imposable penalty for the crime committed
exceeds six (6) years imprisonment, diversion
measures may be resorted to only by the court.
Diversion Measures (Sec. 37)
Where the maximum penalty imposed by law for the
offense with which the child in conflict with the law is
charged is imprisonment of not more than twelve (12)
years, regardless of the fine or fine alone regardless of the
amount, and before arraignment of the child in conflict
with the law, the court shall determine whether or not
diversion is appropriate.
Note: The exemption from criminal liability herein
established does not include exemption from civil liability.
Child under 18 years of age at the time of commission of
the offense, if found guilty of the offense charged, civil
liability shall be determined and ascertained. However,
instead of pronouncing the judgment of conviction, the
court shall place the child in conflict with the law
under suspended sentence, without need of application.
Suspension of sentence shall still be applied even if the
juvenile is already eighteen years (18) of age or more at
the time of the pronouncement of his/her guilt (Section
38).
[Type text]

1. vagrancy and prostitution under Section 202 of the

Step 3: Discharge of the Child in Conflict with the Law Revised Penal Code,
(SEC. 39)Upon the recommendation of the social worker 2. mendicancy under Presidential Decree No. 1563, and
who has custody of the child, the court shall dismiss the 3. sniffing of rugby under Presidential Decree No. 1619.
case against the child whose sentence has been
suspended and against whom disposition measures have
been issued, and shall order the final discharge of the
child if it finds that the objective of the disposition
measures have been fulfilled.

The discharge of the child in conflict with the law shall

not affect the civil liability resulting from the commission
of the offense, which shall be enforced in accordance with
law.

Return of the Child in Conflict with the Law to Court

(Sec. 40)
If the court finds that the objective of the disposition
measures imposed upon the child in conflict with the law
have not been fulfilled, or if the child in conflict with the
law has willfully failed to comply with the conditions of
his/her disposition or rehabilitation program, the child
in conflict with the law shall be brought before the court
for execution of judgment.
If said child in conflict with the law has reached eighteen
(18) years of age while under suspended sentence, the
court shall determine whether to discharge the child in
accordance with this Act, to order execution of sentence,
or to extend the suspended sentence for a certain
specified period or until the child reaches the maximum
age of twenty-one (21) years.

Credit in Service of Sentence (Sec. 41)

The child in conflict with the law shall be credited in the
services of his/her sentence with the full time spent in
actual commitment and detention under this Act.

Probation as an Alternative to Imprisonment (Sec. 42)

The court may, after it shall have convicted and sentenced
a child in conflict with the law, and upon application at any
time, place the child on probation in lieu of service of
his/her sentence taking into account the best interest of
the child. For this purpose, Section 4 of Presidential
Decree No. 968, otherwise known as the "Probation Law
of 1976", is hereby amended accordingly.

Status Offenses (sec. 57)

Any conduct not considered an offense or not penalized if
committed by an adult shall not be considered an offense
and shall not be punished if committed by a child.

Offenses Not Applicable to Children (Sec. 58)

Persons below eighteen (18) years of age shall be
exempt from prosecution for the crime of

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