Esguerra Updated Criminal Law II - Bar Review 2016

CRIMINAL LAW
BAR REVIEW
Atty. Ramon S. Esguerra

BOOK II of the
Revised Penal
Code
Title One:
CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS
Section One. Treason and espionage

• Article 114. Treason
• Article 115. Conspiracy and proposal to commit
treason
• Article 116. Misprision of treason
• Article 117. Espionage
Art. 114. Treason – is a felony committed by any Filipino
citizen or an alien residing in the Philippines who levies
war against the government of the Philippines or adheres
to her enemies by giving them aid or comfort.
Elements:
1. Offender is a Filipino citizen or an alien residing in
the Philippines;
2. There is a war in which the Philippines is involved;
3. The offender either –
• Levies war against the Government; or
• Adheres to the enemies, giving them aid or
comfort.
Treason cannot be committed in time of peace.

Ways of proving treason:
• A person may be convicted of treason on the following
evidence ONLY:
• [Two-witness rule] Testimony of two witnesses, at least,
to the same overt act; or
• Confession of the accused in open court.
The change in government from commonwealth does

not affect the crime of treason. It holds applicable to the
present government being an offense against the same
government and sovereign people. (Laurel v. Misa, G.R.
No. L-409, 30 January 1947).
Art. 115. Conspiracy and proposal to commit
treason
Elements (Conspiracy):
1. In time of war;
2. Two or more persons come to an agreement to levy
war against the gov’t or to adhere to the enemies
and to give them aid or comfort; and
3. They decide to commit it.
Art. 115. Conspiracy and proposal to commit
treason
Elements (Proposal):
1. In time of war;
2. A person who has decided to levy war against the
government or to adhere to the enemies and to give
them aid or comfort; and
3. Proposes its execution to some other person or
persons.
• Note: The two-witness rule does not apply to

conspiracy or proposal to commit treason.
Art. 116. Misprision of treason
Elements:
1. Offender must be owing allegiance to the
Government, and not a foreigner;
2. He has knowledge of any conspiracy (to commit
treason) against the Government; and
3. He conceals or doesn’t disclose and make known
the same as soon as possible to the governor or
fiscal of the province or the mayor or fiscal of the
city in which he resides.
Art. 116. Misprision of Treason
• The felony of Misprision of Treason will not apply

when the crime of treason has already been
committed by someone and the accused doesn’t
report its commission to the proper authority. The law
says “knowledge of any conspiracy against” not
knowledge of treason actually committed.
• The offender in misprision is punished “as an

accessory to the crime of treason”. Hence, the
penalty for misprision is two degrees lower than that
provided for treason.
Art. 117 Espionage
• Espionage is committed in two ways:
(Mode 1) Elements:
1. Offender enters a warship, fort or naval or military
establishment or reservation;
2. He has no authority therefor; and
3. His purpose is to obtain information, plans,
photographs or other data of a confidential nature
relative to the defense of the Philippines.
• Note: It is not necessary that information be actually

obtained.
Art. 117 Espionage
• Espionage is committed in two ways:
(Mode 2) Elements:
1. Offender is a public officer;
2. He has in his possession (by reason of the public
office he holds) any information, plans, photographs
or other data of a confidential nature relative to the
defense of the Philippines; and
3. He discloses their contents to a representative of a
foreign nation.
Section Two. Provoking war and disloyalty in case of
war
• Article 118. Inciting to war or giving motives for

reprisals
• Article 119. Violation of neutrality
• Article 120. Correspondence with hostile country
• Article 121. Flight to enemy’s country
Art. 118. Inciting to war or giving motives for
reprisals – is a felony committed by any person who, by unlawful
or unauthorized acts provokes or gives occasion for a war involving
or liable to involve the Philippine Islands or exposes Filipino citizens
to reprisals on their persons or property.
Elements:
1. Offender performs unlawful or unauthorized acts;
and
2. Such acts provoke or give occasion for a war
involving or liable to involve the Philippines or expose
Filipino citizens to reprisals on their persons or
property
• Illustration: The public destruction of the flag or seal of a foreign
state or the public manifestations of hostility to the head or
ambassador of another state.
- Note: A higher penalty is imposed when the same is
committed by a public officer or employee.
Art. 119. Violation of neutrality – is a felony committed
by person who, on the occasion of a war in which the
Government is not involved, violates any regulation
issued by competent authority for the purpose of
enforcing neutrality.
• Elements:
1. There is a war in which the Philippines is not
involved;
2. There is a regulation issued by competent authority
for the purpose of enforcing neutrality; and
3. The offender violates such regulation.
Art. 120. Correspondence with hostile country – is a
felony committed by any person who in time of war, shall
have correspondence with an enemy country or territory
occupied by enemy troops:
1. if the correspondence has been prohibited by the
Government, or
2. if such correspondence be carried on in ciphers or
conventional signs, or
3. if notice or information be given thereby which
might be useful to the enemy.
- If the offender intended to aid the enemy by giving

such notice or information, a higher penalty is imposed
Art. 120. Correspondence with hostile country
• “Correspondence” means communications by means

of letters.
Circumstances qualifying the offense:

• Notice or information might be useful to the enemy;
and
• Offender intended to aid to enemy
• These acts amount to treason. Hence, the penalty is

the same as that for treason.
Art. 121. Flight to Enemy's Country
Elements:
1. There is a war in which the Philippines is involved;
2. Offender must be owing allegiance to the
government;
3. Offender attempts to flee or go to enemy country; and
4. Going to the enemy country is prohibited by
competent authority.
• Mere attempt to flee or go to enemy country

consummates the crime.
Section Three. Piracy and mutiny on the high seas or in
Philippine waters
• Article 122. Piracy in general and mutiny on the high
seas or in Philippine waters
• Article 123. Qualified piracy
Art. 122. Piracy and Mutiny on the high seas or in
Philippine waters
• Piracy – is a felony committed by any person who is
not a passenger of a vessel nor a member of its
complement who shall (1) attack or seize a vessel
while on high seas or in Philippine waters, or, (2) who
shall seize the cargo or equipment of the vessel or
seize the personal belongings of its complement or
passengers while the said vessel is on high seas while
or in Philippine waters.
Elements of piracy:
A. The vessel is on the high seas or Philippine waters;
B. Offenders are neither members of its complement
nor passengers of the vessel;
Philippine waters
Elements of piracy
C. Offenders either --
a. attack or seize a vessel on the high seas or in
Philippine waters; or
b. seize 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; and
D. There is intent to gain.

Philippine waters
• Mutiny on the high seas – is a felony committed by

any person who, in high seas, shall attempt to usurp
the command of the vessel from the master, or to
deprive him in the free or lawful exercise of his
authority, or shall attempt to overthrow of the legal
authority of the master, with intent to remove him,
against his will.
Philippine waters
Piracy Mutiny
Persons who attack Offenders are
a vessel or seize its members of the crew
cargo are strangers of passengers
to said vessels
Intent to gain is Intent to gain is not
essential essential
Offenders may only
intend to ignore the
ship’s officers
Art. 123. Qualified Piracy.
• This felony is committed under any of the following
circumstances:
1. Whenever the pirates have seized a vessel by
boarding or firing upon the same;
2. Whenever the pirates have abandoned their
victims without means of saving themselves; or
3. Whenever the crime is accompanied by murder,
homicide, physical injuries or rape.
Anti-Piracy and Anti- Highway Robbery (P.D.532)
Punishable acts:
1. Attacking or seizing any vessel while the vessel is

within Philippine waters;
2. Seizing or taking away the whole or part of the vessel

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 while the vessel is in
Philippine waters;
Punishable acts:
Note: A higher penalty is imposed if physical injuries or
other crimes are committed as a result or on the occasion
thereof, the penalty of reclusion perpetua shall be imposed. If
rape, murder or homicide is committed as a result or on the
occasion of piracy, or when the offenders abandoned the
victims without means of saving themselves, or when the
seizure is accomplished by firing upon or boarding a vessel.
3. Knowingly aiding or protecting pirates, such as giving

them information about the movement of police or other
peace officers of the government, or by acquiring or
receiving property taken by the pirates or in any manner
derives any benefit therefrom.
• 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.
• Vessel shall refer to 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.
Piracy under RPC v. Piracy under P.D. No. 532
RPC P.D. 532

High seas;
Where Philippine
Philippine
Committed Waters
Waters
Persons who
strangers Any person
may commit
Title Two:
CRIMES AGAINST THE FUNDAMENTAL
LAWS OF THE STATE
Section One. Arbitrary detention and expulsion

• Article 124. Arbitrary detention
• Article 125. Delay in the delivery of detained persons
to the proper judicial authorities
• Article 126. Delaying release
• Article 127. Expulsion
Art. 124. Arbitrary detention – is a felony committed by
any public officer or employee who detains a person
without legal ground.
Elements:
1. Offender is a public officer or employee;
2. He detains a person; and
3. The detention is without legal grounds.
Meaning of absence of legal ground:

• No crime was committed by the detained;
• There is no violent insanity of the detained person; and
• The person detained has no ailment which requires
compulsory confinement in a hospital.
Art. 124. Arbitrary detention
Notes:
• When is there detention?
A person is detained when he is placed in confinement
or there is a restraint on his person.
• The law does not fix a minimum period of detention. In

US v. Braganza, the detention was for less than half an
hour; and in US v. Agravante, the detention was only
for one hour.
Art. 125. Delay in the delivery of detained persons to
the proper judicial authorities – is a felony committed
by any public officer or employee who detained any
person for some legal ground but failed to deliver such
person to the proper judicial authorities within the period
of:
a. twelve (12) hours, for crimes or offenses

punishable by light penalties, or their equivalent;
b. eighteen (18) hours, for crimes or offenses punishable

by correctional penalties, or their equivalent and
c. thirty-six (36) hours, for crimes, or offenses punishable

by afflictive or capital penalties, or their equivalent.
the proper judicial authorities
Elements (as amended by E.O. No. 272)

2. He detains a person for some legal ground;
3. He fails to deliver such person to the proper judicial
authorities within –
a. 12 hours for light penalties;
b. 18 hours for correctional penalties; and
c. 36 hours for afflictive or capital penalties.
• If the offender is a private person, the crime is Illegal

Detention.
• Under Art. 125, the public officer has detained the

offended party for some legal ground. The detention is
legal in the beginning because the person detained was
arrested under any of the circumstances where arrest
without warrant is authorized by law. However, his
detention becomes illegal after a certain period of time
because he is not delivered to the proper judicial
authority. If the detention is NOT for some legal ground,
the crime is Arbitrary Detention under Art. 124.
• Art. 125 does NOT apply when the arrest is by virtue of a
warrant of arrest, in which case, the person arrested can
be detained indefinitely until his case is decided by the
court or he posts bail for his temporary release.
• “Delivery to the proper judicial authorities” doesn’t consist

in a physical delivery, but in making an accusation or
charge or filing of an information against the person
arrested with the corresponding court or judge.
• “Proper judicial authorities” means 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.
Art. 126. Delaying release – is a felony committed by
any public officer or employee who delays the release of
a prisoner or detained person (1) by delaying the
performance of any judicial or executive order for the
release of the prisoner, (2) by unduly delaying the
service of the notice of such order to said prisoner or (3)
by unduly delaying the proceedings upon any petition for
the liberation of such person.
Elements
2. 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
Art. 126. Delaying release
Elements
3. Offender without good reason delays --
• the service of the notice of such order to the
prisoner;
• the performance of such judicial or executive order
for the release of the prisoner; or
• the proceedings upon a petition for the release of
such person.
Art. 127. Expulsion – is a felony committed by any
public officer or employee who, not being thereunto
authorized by law, (1) shall expel any person from the
Philippine Islands, or (2) shall compel such person to
change his residence.
Acts punished:
1. Expelling a person from the Philippines;
2. Compelling a person to change his residence.
Elements
2. He either --
a. expels any person from the Philippines; or
b. compels a person to change residence; and
3. Offender is not authorized to do so by law.
Art. 127. Expulsion
• In Villavicencio v. Lukban (G.R. No. L-14639, 25 March

1919), the Court held that the Mayor cannot force
prostitutes residing in Manila to live in Davao against
their will, there being no law that authorizes them to do
so.
Section Two. Violation of domicile
• Article 128. Violation of domicile
• Article 129. Search warrants maliciously obtained and
abuse in the service of those legally obtained
• Article 130. Searching domicile without witnesses
Art. 128. Violation of domicile – is a felony committed
by any public officer or employee who, not being
authorized by judicial order, (1) shall enter any dwelling
against the will of the owner thereof, (2) search papers
or other effects found therein without the previous
consent of such owner, or (3) having surreptitiously
entered said dwelling, and being required to leave the
premises, shall refuse to do so.
- A higher penalty is imposed if the crime is committed
on nighttime or if any papers or effects, not constituting
evidence of a crime, are not returned immediately after
a search is made by the offender.
Art. 128. Violation of domicile
Acts punished:
1. Entering any dwelling against the will of the owner
thereof;
2. Searching papers or other effects found therein
without the previous consent of such owner; or
3. Refusing to leave the premises, after having
surreptitiously entered said dwelling and after having
been required to leave the same.
Common elements:
1. Offender is a public officer or employee; and
2. He is not authorized by judicial order to enter the
dwelling or to make a search therein for papers or
other effects.

• If committed at nighttime; or
• If any papers or effects not constituting evidence of a
crime are not returned immediately after the search
made by offender.
• A public officer is “authorized by judicial order” when he
is armed with a search warrant duly issued by the
court.
• To constitute a violation of domicile, the entrance by
the public officer must be against the will of the owner,
which presupposes opposition or prohibition of the
owner, whether express or implied. If the entrance is
only without the consent of the owner, the crime is not
committed. Besides, silence of the owner of the
dwelling before and during the search, may show
implied waiver.
• If the public officer searches a person outside his
dwelling without a search warrant, the crime committed
is grave coercion, if violence or intimidation is used, or
unjust vexation, if there is no violence or intimidation.
Art. 128. Maliciously obtaining search warrant and
abuse in the service of those maliciously obtained –
is a felony committed by any public officer or employee
who (1) shall procure a search warrant without just
cause, or (2) having legally procured a search warrant,
shall exceed his authority or use unnecessary severity in
executing the same, without prejudice to the liability of
the offender for the commission of any other offense.
abuse in the service of those maliciously obtained
Acts punished
1. Procuring a search warrant without just cause;
Elements:
2. He procures a search warrant; and
3. There is no just cause.
abuse in the service of those maliciously obtained
Acts punished
2. Exceeding his authority or by using unnecessary

severity in executing a search warrant legally
procured.
Elements
2. He has legally procured a search warrant; and
3. He exceeds his authority or uses unnecessary
severity in executing the same.
Art. 130. Searching domicile without witnesses
Elements
2. He is armed with search warrant legally procured;
3. He searches the domicile, papers or other belongings
of any person; and
4. The owner, or any members of his family, or two
witnesses residing in the same locality are not
present.
Art. 130. Searching domicile without witnesses
Violation of Domicile Searching Domicile

without witnesses
Public officer has no Public officer has a
authority to make a search warrant
search
• Art. 130 does NOT apply to searches of vehicles or

other means of transportation, because the searches
are not made in a dwelling.
Section Three. Prohibition, interruption and dissolution
of peaceful meetings
• Article 131. Prohibition, interruption and dissolution of
peaceful meetings
Section Four. Crimes against religious worship

• Article 132. Interruption of religious worship
• Article 133. Offending the religious feelings
Art. 131. Prohibition, interruption and dissolution of
peaceful meetings – is a felony committed by any
public officer or employee who, without legal ground,
shall:
(1) prohibit or interrupt the holding of a peaceful meeting,

or shall dissolve the same, or
(2) hinder any person from joining any lawful association

or from attending any of its meetings, or
(3) prohibit or hinder any person from addressing, either

alone or together with others, any petition to the
authorities for the correction of abuses or redress of
grievances.
Art. 131. Prohibition, interruption and dissolution of
peaceful meetings
• Only a public officer or employee can commit this

crime. If the offender is a private individual, the crime is
Disturbance of Public Order under Art. 153.
• But the offender must be a stranger, not a participant,

in the peaceful meeting. Where the offender is a
participant, the crime committed is unjust vexation.
Art. 132. Interruption of religious worship – is a felony
committed by any public officer or employee who shall
prevent or disturb the ceremonies or manifestations of
any religion.
Elements
2. Religious ceremonies or manifestations of any
religious are about to take place or are going on; and
3. Offender prevents or disturbs the same.
• The felony becomes Qualified (higher penalty is

imposed ) if committed by violence or threat.
Art. 133. Offending the religious feelings – is a felony
committed by anyone who, in a place devoted to
religious worship or during the celebration of any
religious ceremony shall perform acts notoriously
offensive to the feelings of the faithful.
Elements
1. Acts complained of were performed in a place
devoted to religious worship, OR during the
celebration of any religious ceremony; and
2. The acts must be notoriously offensive to the feelings
of the faithful.
• There must be deliberate intent to hurt the feelings of

the faithful.
Title Three:
CRIMES AGAINST PUBLIC ORDER
Art. 134 Rebellion or insurrection –

Elements:
1. There is a public uprising and taking arms against
the government; and
2. The purpose of the uprising or movement is --
a. to remove from the allegiance to the government
or its laws Philippine territory or any part thereof,
or any body of land, naval, or other armed forces;
OR
b. to deprive the Chief Executive or Congress, wholly
or partially, of any of their powers or prerogatives.
Rebellion Treason
Levying of war against the Levying of war against the
government during peace government, when
time for any of the performed to aid the enemy;
purposes in Article 134 adherence to enemy
Always involves taking up May be committed by mere

arms vs. the government adherence to the enemy,
giving him aid or comfort
Art .134 - A. Coup d’ etat
Elements:
1. Offender is a person or persons belonging to the
military or police or holding any public office or
employment;
2. It is committed by means of a swift attack
accompanied by violence, intimidation, threat, strategy
or stealth;
3. The attack is directed against the duly constituted
authorities of the Republic of the Philippines, or any
military camp or installation, communication networks,
public utilities or other facilities needed for the
exercise and continued possession of power; and
4. The purpose of the attack is to seize or diminish state
power.
Art. 135. Penalty for rebellion, insurrection or coup d’ etat
Persons liable for rebellion, insurrection or coup d' etat:
• The leaders –
1. Any person who promotes, maintains or heads a

rebellion or insurrection; or
2. Any person who leads, directs or commands others to

undertake a coup d' etat;
Art. 135. Penalty for rebellion, insurrection or coup d’ etat
Persons liable for rebellion, insurrection or coup d' etat:
• The participants --
1. Any person who participates or executes the
commands of others in rebellion or insurrection;
2. Any person in the government service who
participates, or executes directions or commands of
others in undertaking a coup d’ etat;
3. Any person not in the government service who
participates, supports, finances, abets or aids in
undertaking a coup d' etat.
Art. 139. Sedition
Elements:
1. Offenders rise publicly and tumultuously;
2. Offenders employ force, intimidation, or other
means outside of legal methods;
3. Purpose is to attain any of the following objectives:
a. To prevent the promulgation or execution of any law
or the holding of any popular election;
b. To prevent the national government or any
provincial or municipal government, or any public
officer from exercising its or his functions or prevent
the execution of an administrative order;
c. To inflict any act of hate or revenge upon the person
or property of any public officer or employee;
Art. 139. Sedition
3. Purpose is to attain any of the following objectives:
d. To commit, for any political or social end, any act of

hate or revenge against private persons or any
social classes; or
e. To despoil for any political or social end, any
person, municipality or province, or the national
government of all its property or any part thereof.
Art. 142. Inciting to Sedition
Acts punishable:
1. Inciting others to the accomplishment of any of the
acts which constitute sedition by means of
speeches, proclamations, writings, emblems, etc.;
2. Elements:
a. Offender does not take direct part in the crime of
sedition;
b. He incites others to the accomplishment of any of
the acts which constitute sedition; and
c. Inciting is done by means of speeches,
proclamations, writings, emblems, cartoons,
banners, or other representations tending towards
the same end.
Art. 142. Inciting to Sedition
Acts punishable:
3. Uttering seditious words or speeches which tend to

disturb the public peace; and
4. Writing, publishing, or circulating scurrilous libels

against the government or any of the duly
constituted authorities thereof, which tend to disturb
the public peace tending towards the same end.
• Uttering seditious words, publishing and circulation
scurrilous libels are punishable (second and third
type of inciting to sedition), when:
1. They tend to disturb or obstruct any lawful officer in

executing the functions of his office; or
2. They tend to instigate others to cabal and meet
together for unlawful purposes; or
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, the safety and order of the government.
Art. 143. Act tending to prevent the meeting of the
Assembly and similar bodies – is a felony committed by
any person who, by force or fraud, prevents the meeting of
the Congress of the Philippines or of 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.
Elements:
1. There is a projected or actual meeting of 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; and
2. Offender, who may be any person, prevents such
meetings by force or fraud.
Art. 144 Disturbance of proceedings – is a felony
committed by any person who:
(1) disturbs the meetings of the Congress of the

Philippines or of 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, or
(2) in the presence of any such bodies should behave

in such manner as to interrupt its proceedings or to
impair the respect due it.
Art. 145. Violation of parliamentary immunity – is a
felony committed by:
(1) any person who shall use force, intimidation,

threats, or fraud to prevent any member of the
Congress of the Philippines from attending the
meetings of the Congress or of any of its committees or
subcommittees, constitutional commissions or
committees or divisions thereof, from expressing his
opinions or casting his vote; and
(2) by any public officer or employee who shall, while

the Congress is in regular or special session, arrest or
search any member thereof, except in case such
member has committed a crime punishable under this
Code by a penalty higher of more than six (6) years.
Art. 146. Illegal assemblies – is a felony committed
by any person who:
(1) shall attend a meeting that is attended by armed

persons and the meeting has for its purpose the
commission any of the crimes punishable under the
Revised Penal Code, or
(2) shall attend a meeting in which the audience is

incited to the commission of the crime of treason,
rebellion or insurrection, sedition or assault upon a
person in authority or his agents.
Art. 146. Illegal assemblies
- A higher penalty is imposed upon the organizers or

leaders of such meeting
- If any person present at the meeting carries an
unlicensed firearm, it shall be presumed that the
purpose of said meeting, insofar as he is
concerned, is to commit acts punishable under the
RPC, and he shall be considered a leader or
organizer of the meeting.
-"meeting" shall be understood to include a

gathering or group, whether in a fixed place or
moving.
Art. 147. Illegal associations – is a felony committed
by the founders, directors, president of associations
and members of association which is totally or partially
organized for the purpose of:
(1) committing any of the crimes punishable under this

Code or
(2) for some purpose contrary to public morals.

Art. 148. Direct assault
Acts punished:
1. Without public uprising, by employing force or
intimidation for the attainment of any of the purposes
enumerated in defining the crimes of rebellion and
sedition;
Elements:
1. Offender employs force or intimidation;
2. 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
3. There is no public uprising.
Acts punished:
2. Without public uprising, by attacking, by employing

force or by seriously intimidating or by seriously resisting
any person in authority or any of his agents, while
engaged in the performance of official duties, or on
occasion of such performance
Elements:
1. Offender makes an attack, employs force, makes a
serious intimidation, or makes a serious resistance;
2. The person assaulted is a person in authority or his
agent;
3. At the time of the assault, the person in authority or
his agent is engaged in the actual performance of
official duties, or that he is assaulted by reason of
the past performance of official duties;
4. Offender knows that the one he is assaulting is a
person in authority or his agent in the exercise of his
duties; and
5. There is no public uprising.
Art. 149. Indirect assault – is a felony committed by
any person who shall make use of force or intimidation
upon any person coming to the aid of the authorities, or
their agents on occasion of the commission of any of the
crimes direct assault.
Elements:
1. A person in authority or his agent is the victim of any
of the forms of direct assault defined in Article 148;
2. A person comes to the aid of such authority or his
agent; and
3. Offender makes use of force or intimidation upon
such person coming to the aid of the authority or his
agent.
• Indirect assault can be committed only when direct
assault is committed.
Art. 150. Disobedience to summons issued by the
National Assembly, its committees or
subcommittees, by the Constitutional
Commissions, its committees, subcommittees or
divisions – committed by:
(1) any person who, having been duly summoned to attend
as a witness before the Congress, its special or standing
committees and subcommittees, the Constitutional
Commissions and its committees, subcommittees, or
divisions, or before any commission or committee chairman
or member authorized to summon witnesses, refuses,
without legal excuse, to obey such summons, or being
present before any such legislative or constitutional body or
official, refuses to be sworn or placed under affirmation or to
answer any legal inquiry or to produce any books, papers,
documents, or records in his possession, when required by
them to do so in the exercise of their functions; or
Art. 150. Disobedience to summons issued by the
National Assembly, its committees or
subcommittees, by the Constitutional
Commissions, its committees, subcommittees or
divisions – committed by:
(2) any person who shall restrain another from

attending as a witness, or who shall induce
disobedience to a summon or refusal to be sworn by
any such body or official.
Art. 151. Resistance and disobedience to a person
in authority or the agents of such person – is a
felony committed by any person who resist or seriously
disobey a person in authority, or the agents of such
person, while engaged in the performance of official
duties.
- a lower penalty is imposed when the disobedience

to an agent of a person in authority is not of a serious
nature.
Art. 153. Tumults and other disturbance of public
orders; Tumultuous disturbance or interruption
liable to cause disturbance –
• is a felony committed by any person who (1) shall
cause any serious disturbance in a public place,
office, or establishment, or (2) shall interrupt or disturb
public performances, functions or gatherings, or
peaceful meetings, if the act is not included in the
provisions of Articles 131 and 132 (3) in any meeting,
association, or public place, shall make any outcry
tending to incite rebellion or sedition or in such place,
or (4) shall display placards or emblems which
provoke a disturbance of the public order, or (5) who
shall bury with pomp the body of a person who has
been legally executed.
liable to cause disturbance
- A higher penalty is imposed if the disturbance or
interruption is of a tumultuous character. The
disturbance or interruption shall be deemed to be
tumultuous if caused by more than three persons
who are armed or provided with means of violence.
Acts punishable:
1. Causing any serious disturbance in a public place,
office or establishment;
2. Interrupting or disturbing performances, functions or
gatherings, or peaceful meetings, if the act is not
included in Articles 131 and 132
liable to cause disturbance
Acts punishable:
3. Making any outcry tending to incite rebellion or
sedition in any meeting, association or public place;
4. Displaying placards or emblems which provoke a
disturbance of public order in such place;
5. Burying with pomp the body of a person who has
been legally executed.
Art. 154. Unlawful use of means of publication and
unlawful utterances – is a felony committed by:
1. any person who by means of printing, lithography,

or any other means of publication shall publish or
cause to be published as news any false news which
may endanger the public order, or cause damage to
the interest or credit of the State;
2. any person who by the same means, or by words,

utterances or speeches shall encourage
disobedience to the law or to the constituted
authorities or praise, justify, or extol any act punished
by law;
Art. 154. Unlawful use of means of publication and
unlawful utterances – is a felony committed by:
3. any person who shall maliciously publish or cause

to be published any official resolution or document
without proper authority, or before they have been
published officially; or
4. any person who shall print, publish, or distribute or

cause to be printed, published, or distributed books,
pamphlets, periodicals, or leaflets which do not bear
the real printer's name, or which are classified as
anonymous.
Art. 155. Alarms and scandals – is a felony committed
by:
1. Any person who within any town or public place,

shall discharge any firearm, rocket, firecracker, or
other explosives calculated to cause alarm or danger;
(the discharge of firearm should not be directed at a
person, otherwise, the offender is liable for discharge
of firearm)
2. Any person who shall instigate or take an active part

in any charivari or other disorderly meeting offensive to
another or prejudicial to public tranquility;
Art. 155. Alarms and scandals – is a felony committed
by:
3. Any person who, while wandering about at night or

while engaged in any other nocturnal amusements,
shall disturb the public peace; or
4. Any person who, while intoxicated or otherwise, shall

cause any disturbance or scandal in public places.
- If the disturbance is of serious nature, the crime
committed is Tumults and other disturbances of
public order.
Art. 156. Delivering prisoners from jails– is a felony
committed by any person who shall:
(1) remove from any jail or penal establishment any

person confined therein (whether detention prisoner or
prisoner by final judgment) or,
(2) shall help the escape of such person, by means of

violence, intimidation, or bribery.
- a lower penalty is imposed if other means are
employed, or if the escape of the prisoner takes place
outside of said establishments by taking the guards by
surprise.
Art. 157. Evasion of service of sentence – is a felony
committed by any person convicted by final judgment
who shall evade service of his sentence by escaping
during the term of his imprisonment.
- The felony is qualified when the evasion or escape
shall have taken place:
(1) by means of unlawful entry,
(2) by breaking doors, windows, gates, walls, roofs, or
floors, or
(3) by using picklocks, false keys, deceit, violence or
intimidation, or
(4) through connivance with other convicts or
employees of the penal institution.
Art. 158. Evasion of service of sentence on the
occasion of disorder, conflagrations, earthquakes, or
other calamities – is a felony committed by a convict
who evades the service of his sentence, by leaving the
penal institution where he shall have been confined, on
the occasion of disorder resulting from a conflagration,
earthquake, explosion, or similar catastrophe, or during a
mutiny in which he has not participated who shall fail to
give himself up to the authorities within forty-eight (48)
hours following the issuance of a proclamation by the
Chief Executive announcing the passing away of such
calamity.
Art. 158. Evasion of service of sentence on the
occasion of disorder, conflagrations, earthquakes, or
other calamities
• The offender shall suffer an increase of one-fifth of the

time still remaining to be served under the original
sentence, which in no case shall exceed six months.
• Convict who, under the circumstances mentioned in

the preceding paragraph, shall give themselves up to
the authorities within the above mentioned period of 48
hours, shall be entitled to the deduction of one fifth of
the period of his sentence.
Art. 159. Other cases of evasion of service of
sentence – is committed by a convict who, having been
granted conditional pardon by the Chief Executive, shall
violate any of the conditions of such pardon.
• If the penalty remitted by the granting of such pardon

be higher than six years, the convict shall then suffer
the unexpired portion of his original sentence.
Title Four
CRIMES AGAINST PUBLIC INTEREST
Art. 161. Counterfeiting the great seal of the

Government of the Philippine Islands, forging the
signature or stamp of the Chief Executive – is a
felony committed by any person who shall forge the
Great Seal of the Government of the Philippine or the
signature or stamp of the Chief Executive.
Art. 162. Using forged signature or counterfeit seal

or stamp – is a felony committed by any person who
shall knowingly make use of the counterfeit seal of the
Government or forged signature or stamp of the Chief
Executive.
Art. 163. Making and importing and uttering false
coins – is a felony committed by any person who
makes, imports, or utters, (any) false coins, in
connivance with counterfeiters, or importers.
Art. 164. Mutilation of coins; Importation and

utterance of mutilated coins – is a felony committed
by who shall mutilate coins of the legal currency of the
Philippine or import or utter mutilated current coins, or
in connivance with mutilators or importers.
Requisites of mutilation under the RPC
(1) Coin mutilated is of legal tender;
(2) Offender gains from the precious metal dust
abstracted from the coin; and
(3) It has to be a coin.
Art. 165. Selling of false or mutilated coin, without
connivance – is a felony committed by any person who
shall knowingly, although without the connivance
mentioned in the preceding articles, possess false or
mutilated coin with intent to utter the same, or shall
actually utter such coin.
Acts punished
1. Possession of coin, counterfeited or mutilated by
another person, with intent to utter the same, knowing
that it is false or mutilated;
Elements
1. Possession;
2. With intent to utter; and
3. Knowledge.
Art. 165. Selling of false or mutilated coin, without
connivance – is a felony committed by any person who
shall knowingly, although without the connivance
mentioned in the preceding articles, possess false or
mutilated coin with intent to utter the same, or shall
actually utter such coin.
Acts punished
2. Actually uttering such false or mutilated coin,
knowing the same to be false or mutilated.
Elements
1. Actually uttering; and
2. Knowledge.
Art. 166. Forging treasury or bank notes on other
documents payable to bearer; importing, and
uttering such false or forged notes and documents
– is a felony committed:
(1) by any person who shall forge or falsify treasury or

bank notes or certificates or other obligations and
securities payable to bearer, or
(2) by any person who shall import and utter in

connivance with forgers or importers of such false or
forged obligations or notes.
Art. 167. Counterfeiting, importing and uttering
instruments not payable to bearer – is a felony
committed by any person who shall forge, import or
utter, in connivance with the forgers or importers, any
instrument payable to order or other document of credit
not payable to bearer.
Elements
• There is an instrument payable to order or other
documents of credit not payable to bearer;
• Offender either forged, imported or uttered such
instrument; and
• In case of uttering, he connived with the forger or
importer.
Art. 168. Illegal possession and use of false treasury
or bank notes and other instruments of credit – is a
felony committed by any person who shall knowingly
use or have in his possession, with intent to use any of
the false or falsified instruments referred to in this
section.
Art. 169. How Forgery is committed.

Forgery is committed:
(1) By giving to a treasury or bank note or any
instrument, payable to bearer or order mentioned
therein, the appearance of a true genuine document;
or
(2) By erasing, substituting, counterfeiting or altering
by any means the figures, letters, words or signs
contained therein.
Art. 170. Falsification of legislative documents – is
a felony committed by any person who, without proper
authority therefor alters any bill, resolution, or
ordinance enacted or approved or pending approval by
either House of the Legislature or any provincial board
or municipal council.
Notes:
• Forgery includes falsification and counterfeiting.
• Giving checks the appearance of true and genuine
document is forgery.
• The possession of genuine treasury notes of the

Philippines, where any of the figures, letters, words
or signs contained therein had been erased and/or
altered, with knowledge of such erasure/alteration,
and with intent to use such notes in enticing another
to advance funds for the purpose of financing the
manufacture of counterfeit notes is punishable by Art.
168 in relation to Art 169 (1) of the Revised Penal
Code. (Del Rosario v. People)
Distinction between falsification and forgery:
• Falsification is the commission of any of the eight

acts mentioned in Article 171 on legislative (only the
act of making alteration), public or official,
commercial, or private documents, or wireless, or
telegraph messages.
• The term forgery as used in Article 169 refers to the

falsification and counterfeiting of treasury or bank
notes or any instruments payable to bearer or to
order.
Art. 171. Falsification by public officer, employee or
notary – is a felony committed by any public officer,
employee, or notary who, taking advantage of his
official position, shall falsify a document by committing
any of the following acts:
1. Counterfeiting or imitating any handwriting,

signature or rubric;
2. Causing it to appear that persons have participated
in any act or proceeding when they did not in fact so
participate;
3. Attributing to persons who have participated in an
act or proceeding statements other than those in fact
made by them;
4. Making untruthful statements in a narration of
facts;
Art. 171. Falsification by public officer, employee or
notary – is a felony committed by any public officer,
employee, or notary who, taking advantage of his
official position, shall falsify a document by committing
any of the following acts:
5. Altering true dates;
6. Making any alteration or intercalation in a genuine
document which changes its meaning;
7. 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; or
8. Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry, or official
book.
Counterfeiting and Feigning
• In Counterfeiting, there must be (1) an intent or

attempt to imitate and (2) that the two
signatures/handwritings, the genuine and the
forged, bear some resemblance to each other.
• In feigning, there is no original signature,

handwriting, or rubric but a forgery of a signature,
handwriting or rubric that does not exist.
Making untruthful statements in a narration of facts
• There must be a narration of facts not of conclusion of

law, and there must be a legal obligation on the part
of the accused to disclose the truth of the facts
narrated.
• The narration of facts must be absolutely false and

the person making such narration must be aware of
the falsity of the facts narrated by him.
Altering True Dates
• Date must be essential.
• Altering dates in official receipts to prevent the
discovery of malversation is falsification.
Making alteration or intercalation

• Alteration which speaks the truth is not falsification.
• The alteration must affect the integrity or change the
effects of the documents.
Art. 171. Falsification by an ecclesiastical minister – is
a felony committed by an ecclesiastical minister who
commit any of the offenses enumerated in Art. 171, with
respect to any record or document of such character that
its falsification may affect the civil status of persons.
Notes:
• Even if the offender is a public officer but the falsification
committed by him is upon a document which does not
pertain to his office, it was committed without abuse of
his office. Thus it will not fall under Art 171 but Art 172.
• A private person who cooperates with a public officer in
the falsification of public documents is guilty under Art
171 and incurs the same liability and penalty as the
public officer as there is conspiracy.
Art. 171. Falsification of public documents
Elements:
• The offender makes in a public document untruthful
statements in a narration of facts;
• He has a legal obligation to disclose the truth of the facts
narrated by him; and
• The facts narrated by him are absolutely false. (People v.
Sandiganbayan, G.R. No. 197593, 5 August 2015)
Art. 172. Falsification by private individual and use of
falsified documents.
Acts punished:
1. Falsification of public, official or commercial

document by a private individual;
2. Falsification of private document by any person;
3. Use of falsified document.
There are four (4) kinds of documents:

(1) Public document in the execution of which, a
person in authority or notary public has taken part;
(2) Official document in the execution of which a
public official takes part;
(3) Commercial document or any document
recognized by the Code of Commerce or any commercial
law; and
(4) Private document in the execution of which only
private individuals take part.
Falsification by private individual is committed by:
(1) Any private individual who shall commit any of the

falsifications enumerated in Art. 171 in any public or
official document or letter of exchange or any other kind
of commercial document; and
(2) Any person who, to the damage of a third party, or with

the intent to cause such damage, shall in any private
document commit any of the acts of falsification
enumerated in Art. 171.
Falsification by private individual
Elements under paragraph 1:

1. Offender is a private individual or public officer or
employee who did not take advantage of his official
position;
2. He committed any act of falsification under Art 171;
3. The falsification was committed in a public, official, or
commercial document or letter of exchange.
Falsification by private individual

1. Offender committed any of the acts of falsification
except Article 171(7), that is, 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;
2. Falsification was committed in any private document;
and
3. Falsification causes damage to a third party or at least
the falsification was committed with intent to cause
such damage.
Use of falsified documents is committed by:
any person who shall knowingly introduce in evidence in
any judicial proceeding or to the damage of another or
who, with the intent to cause such damage, shall use any
of the false documents embraced in the next preceding
article, or in any of the foregoing subdivisions of this
article.
ELEMENTS:
In introducing in a judicial proceeding -
1. Offender knew that the document was falsified by
another person;
2. The false document is in Articles 171 or 172 (1 or 2);
3. He introduced said document in evidence in any
judicial proceeding; and
4. Damage is not necessary.
• Use of falsified documents
ELEMENTS:
In use in any other transaction -

1. Offender knew that a document was falsified by
another person;
2. The false document is embraced in Articles 171 or 172
(1 or 2);
3. He used such document; and
4. The use caused damage to another or at least used
with intent to cause damage.
Falsification of a Falsification of a
Public document Private document
Mere falsification is Prejudice to 3rd person
enough or intent to cause it is
enough
Committed by any of Cannot be committed by
the 8 means under Art the ways in par 7 & 8 of
171 Art 171
Principal thing punished
is violation of public
faith and destruction of
truth as therein
solemnly proclaimed
Art. 173. Falsification of wireless, cable, telegraph and
telephone messages, and use of said falsified
messages – is a felony committed by any officer or
employee of the Government or of any private corporation
or concern engaged in the service of sending or receiving
wireless, cable or telephone message who shall utter a
fictitious wireless, telegraph or telephone message of any
system or falsifies the same.
• A lower penalty is imposed on any person who shall

use such falsified dispatch to the prejudice of a third
party or with the intent of cause such prejudice.
messages
Acts punished
1. Uttering fictitious wireless, telegraph or telephone

message;
2. Falsifying wireless, telegraph or telephone
message; and
3. Using such falsified message.
.
messages
Notes:
• The public officer, to be liable, must be engaged in the
service of sending or receiving wireless, cable or
telephone message.
• Private individual cannot be a principal by direct
participation in falsification of telegraphic dispatches
under Art. 173 unless he is an employee of a
corporation engaged in the business of sending or
receiving wireless, telegraph or telephone message.
• Act. No. 1851 punishes private individuals who forge or
alter telegram by an fine of not more than P100.
Art. 174. False medical certificates, false
certificates of merits or service, etc. – is a felony
committed by:
(1) any physician or surgeon who, in connection, with

the practice of his profession, shall issue a false
certificate; and
(2) any public officer who shall issue a false certificate

of merit of service, good conduct or similar
circumstances.
• A lower penalty is imposed on any private person who

falsifies a certificate falling within the classes
mentioned in the two preceding subdivisions.
certificates of merits or service, etc.
Persons liable:
1. Physician or surgeon who, in connection with the
practice of his profession, issues a false certificate (it
must refer to the illness or injury of a person);
[The crime here is false medical certificate by a
physician.]
2. Public officer who issues a false certificate of merit

of service, good conduct or similar circumstances;
[The crime here is false certificate of merit or service by
a public officer.]
certificates of merits or service, etc.
Persons liable:
3. Private person who falsifies a certificate falling

within the classes mentioned in the two preceding
subdivisions.
[The crime is false medical certificate by private person
or false certificate of merit or service by a private
person]
Art. 175. Using false certificates. — The penalty of
arresto menor shall be imposed upon any one who
shall knowingly use any of the false certificates
mentioned in Art. 174.
Elements
1. The following issues a false certificate:
a. Physician or surgeon, in connection with the practice
of his profession, issues a false certificate;
b. Public officer issues a false certificate of merit of
service, good conduct or similar circumstances;
c. Private person falsifies a certificate falling within the
classes mentioned in the two preceding subdivisions.
2. Offender knows that the certificate was false; and

3. He uses the same.
Art. 176. Manufacturing and possession of
instruments or implements for falsification – is a
felony committed by any person who shall make or
introduce into the Philippine any stamps, dies, marks,
or other instruments or implements intended to be
used in the commission of the offenses of
counterfeiting or falsification mentioned in the
preceding sections of this Chapter.
• A lower penalty is imposed on any person who, with

the intention of using them, shall have in his
possession any of the instruments or implements
mentioned in the preceding paragraphs.
Art. 176. Manufacturing and possession of
instruments or 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; and
2. Possessing with intent to use the instruments or
implements for counterfeiting or falsification made in or
introduced into the Philippines by another person.
Art. 177. Usurpation of authority or official
functions – is a felony committed by:
(1) any person who shall knowingly and falsely

represent himself to be an officer, agent or
representative of any department or agency of the
Philippine Government or of any foreign government,
or
(2) who, under pretense of official position, shall
perform any act pertaining to any person in authority or
public officer of the Philippine Government or any
foreign government, or any agency thereof, without
being lawfully entitled to do so.
functions
Acts punished
1. Usurpation of authority;
Elements
a. Offender knowingly and falsely represents
himself; and
b. As an officer, agent or representative of any
department or agency of the Philippine government
or of any foreign government.
functions
Acts punished
2. Usurpation of official functions.
Elements
a. Offender performs any act;
b. Pertaining to any person in authority or public
officer of the Philippine government or any foreign
government, or any agency thereof;
c. Under pretense of official position; and
d. Without being lawfully entitled to do so.
• Art. 178. Using fictitious name and concealing
true name – is a felony committed by any person
who shall publicly use a fictitious name for the
purpose of concealing a crime, evading the execution
of a judgment or causing damage.
- A lower penalty is imposed on any person who
conceals his true name and other personal
circumstances.
Use of Fictitious name Concealing true name

Element of publicity must Element of publicity is
be present not necessary
Purpose is to conceal a Purpose is merely to
crime, to evade the conceal identity
execution of a judgment or
to cause damage
Art. 179. Illegal use of uniforms or insignia
Elements
1. Offender makes use of insignia, uniforms or
dress;
2. The insignia, uniforms or dress pertains to an
office not held by such person or a class of persons of
which he is not a member; and
3. Said insignia, uniform or dress is used publicly
and improperly.
False Testimony – is a felony committed by any person
who shall give false testimony for or against the defendant
in any criminal or civil case.
Three forms of false testimony
1. False testimony in criminal cases (Arts 180, 181)

2. False testimony in civil case (Art 182)
3. False testimony in other cases (Art 183)
Art.180. False Testimony against a Defendant
Elements
1. There is a criminal proceeding;
2. Offender testifies falsely under oath against the
defendant therein;
3. Offender who gives false testimony knows that it
is false; and
4. Defendant against whom the false testimony is
given is either acquitted or convicted in a final
judgment.
Art. 181. False Testimony Favorable to the
Defendant
Elements
1. A person gives false testimony;
2. In favor of the defendant; and
3. In a criminal case.
• Conviction or acquittal of defendant in the principal

case is not necessary as it is sufficient that the
defendant is prosecuted for a felony punishable by
afflictive penalty or by other penalty.
Art. 182. False Testimony in Civil Cases
Elements:
1. Testimony given in a civil case;
2. Testimony relates to the issues presented in said
case;
3. Testimony is false;
4. Offender knows that testimony is false; and
5. Testimony is malicious and given with an intent to
affect the issues presented in said case.
• The testimony given in the civil case must be false.

• Art. 182 is not applicable when the false testimony is
given in special proceeding as it applies only to
ordinary civil cases.
Art. 183. False Testimony in Other Cases and Perjury in
Solemn Affirmation
Acts punished
1. By falsely testifying under oath;
2. By making a false affidavit.
Elements of perjury:
1. Offender makes a statement under oath or executes an
affidavit upon a material matter;
2. The statement or affidavit is made before a competent
officer, authorized to receive and administer oaths;
3. Offender makes a willful and deliberate assertion of a
falsehood in the statement or affidavit;
4. The sworn statement or affidavit containing the falsity is
required by law, that is, it is made for a legal purpose.
Art. 183. False Testimony in Other Cases and Perjury
in Solemn Affirmation
• The phrase “when the law so requires” does not mean

that the sworn statement or affidavit must be required
by law. It has been interpreted to mean “in cases in
which the law so authorizes”. Hence, even if there is no
law requiring the statement to be made under oath, as
long as it is made for a legal purpose, it is sufficient
(People v. Angcangco).
• In prosecutions for perjury, a matter is material if it is
the "main fact which was the subject of the inquiry, or
any circumstance which tends to prove that fact . . .“
(Acuna v. Deputy Ombudsman, 2005)
Art. 183. False Testimony in Other Cases and Perjury
in Solemn Affirmation
False testimony Perjury

Perversions of truth
Given in the course of Not given in judicial
judicial proceeding proceeding
Contemplates an actual May be committed
trial during preliminary
investigation and in
making false affidavits
Art. 184. Offering false testimony in evidence – is a
felony committed by who shall knowingly offer in
evidence a false witness or testimony in any judicial or
official proceeding.
Elements
1. Offender offers in evidence a false witness or
testimony;
2. He knows that the witness or the testimony was
false; and
3. The offer is made in any judicial or official
proceeding.
Art. 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
1. There is a public auction;
2. Offender solicits any gift or a promise from any of
the bidders;
3. Such gift or promise is the consideration for his
refraining from taking part in that public auction; and
4. Offender has the intent to cause the reduction of
the price of the thing auctioned.
Art. 185. Machinations in public auctions
Acts punished
2. Attempting to cause bidders to stay away from an

auction by threats, gifts, promises or any other artifice.
Elements
1. There is a public auction;
2. Offender attempts to cause the bidders to stay
away from that public auction;
3. It is done by threats, gifts, promises or any other
artifice; and
4. Offender has the intent to cause the reduction of
the price of the thing auctioned.
.
Art. 186. Monopolies and combinations in restraint
of trade
Acts punished
A. Combination to prevent free competition in the

market;
Elements
1. Entering into any contract or agreement or taking
part in any conspiracy or combination in the form of a
trust or otherwise;
2. In restraint of trade or commerce or to prevent by
artificial means free competition in the market.
of trade
Acts punished
B. Monopoly to restrain free competition in the
market;
Elements
1. 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;
2. In order to alter the prices thereof by spreading
false rumors or making use of any other artifice;
3. To restrain free competition in the market
of trade
Acts punished
C. Manufacturer, producer, or processor or importer
combining, conspiring or agreeing with any person to
make transactions prejudicial to lawful commerce or to
increase the market price of merchandise.
Elements
1. Manufacturer, producer, processor or importer of any
merchandise or object of commerce;
2. Combines, conspires or agrees with any person;
3. Purpose is to make transactions prejudicial to lawful
commerce or to increase the market price of any
merchandize or object of commerce manufactured,
produced, processed, assembled or imported into the
Philippines.
Art. 187. Importation and disposition of falsely
marked articles or merchandise made of gold, silver,
or other precious metals or their alloys
Elements
1. Offender imports, sells or disposes articles made
of gold, silver, or other precious metals or their alloys;
2. The stamps, brands, or marks of those articles of
merchandise fail to indicate the actual fineness or quality
of said metals or alloys;
3. Offender knows that the stamps, brands, or marks
fail to indicate the actual fineness or quality of the metals
or alloys.
Title Five:
CRIMES RELATIVE TO OPIUM
& OTHER PROHIBITED DRUGS
Violation of the Dangerous Drugs Acts of 2002
(R.A. No. 9165)
Acts Punished:
1. Importation of dangerous drugs and / or controlled
precursors and essential chemicals (Sec.4)
Maximum penalty is imposed for any person who

commits this act through the use of:
- diplomatic passport / facilities; or
- official status intended to facilitate unlawful entry.
(R.A. No. 9165)
2. Sale, trading, administration, dispensation,

delivery, distribution and transportation of dangerous
drugs and / or controlled precursors and essential
chemicals (Sec.5)
Even brokers can be held criminally liable
12 years and 1 day to 20 years to protector or "coddlers"
The maximum penalty is imposed if :
- done within 100 meters from the school;
- use of minors or mentally incapacitated persons as
runners, couriers, and messengers;
- victim of the offense is a minor or mentally incapacitated
individual;
- drug was proximate cause of the death;
- person who organizes, manages, or finances such
activities.
(R.A. No. 9165)
Acts Punished:
3. Maintenance of den, dive or resort where
dangerous drugs and / or controlled precursors and
essential chemicals are used or sold (Sec. 6)
4. Being employees of the den, dive or resort:

a. Any employee of a den, dive, or resort who is
aware of the nature of the place as such
b. Any person who, not being included in the
provisions of the next preceding paragraph, is aware of
the nature of the place as such and shall knowingly visit
the same. (Sec.7)
(R.A. No. 9165)
Acts Punished:
5. Manufacture of dangerous drugs and / or
controlled precursors and essential chemicals (Sec. 8)
• Prima facie proof of manufacturing: presence of any

controlled precursor and essential chemical or
laboratory equipment in the clandestine laboratory
• Aggravating circumstances:
a. any phase of the manufacturing process was conducted in
the presence or with the help of minors;
b. any phase of the manufacturing process was established
or undertaken within 100 meters of a residential, business,
church or school premises;
(R.A. No. 9165)
Acts Punished:
5. Manufacture of dangerous drugs and / or
controlled precursors and essential chemicals (Sec. 8)
• Aggravating circumstances:
c. any clandestine laboratory was secured or protected with
booby traps;
d. any clandestine laboratory was concealed with legitimate
business operations; and
e. any employment of a practitioner, chemical engineer,
public official or foreigner.
(R.A. No. 9165)
Acts Punished:
6. Illegal diversion of any controlled precursor and
essential chemical (Sec.9)
7. Manufacture or delivery of equipment, instrument,

apparatus, and other paraphernalia for dangerous drugs
and / or controlled precursors and essential chemicals
(Sec. 10)
- Includes instruments that will be used to inject, ingest,

inhale, or otherwise introduce into the human body a
dangerous drug
8. Possession of dangerous drug (Sec.11)

(R.A. No. 9165)
Acts Punished:
9. Possession of equipment, instrument, apparatus
and other paraphernalia for dangerous drugs (Sec.12)
- Possession of such equipment shall be prima facie
evidence that the possessor has used the dangerous
drug (violation of Sec. 15)
10. Possession of dangerous drugs during parties,

social gatherings or meetings will merit maximum penalty
regardless of quantity and purity (Sec. 13)
- Test: In the proximate company of at least two persons.
11. Possession of equipment, instrument, apparatus

for dangerous drugs during parties, social gatherings, or
meetings merit maximum penalty (Sec.14)
(R.A. No. 9165)
Acts Punished:
12. Use of dangerous drugs (Sec. 15)
Penalties:
- 1st offense: minimum of 6 months rehabilitation in a
government center
- 2nd offense: 6 yrs and 1 day to 12 years imprisonment
13. Cultivation or culture of plants classified as

dangerous drugs (Sec. 16)
14. Maintenance and keeping of original records of

transactions on dangerous drugs and / or controlled
precursors and essential chemicals (Sec. 17)
(R.A. No. 9165)
Acts Punished:
15. Unnecessary prescription of dangerous drugs
(Sec. 18)
16. Unlawful prescription of dangerous drugs (Sec.

19)
17. Planting of evidence: Planting of any dangerous

drugs and / or controlled precursors and essential
chemicals shall suffer the penalty of death
(Sec. 29)
(R.A. No. 9165)
Other pertinent provisions:
A person charged under this act shall not be allowed to

avail of the provision on plea-bargaining (Sec. 23)
A person convicted of drug trafficking or pushing cannot

avail of the privilege granted by the Probation Law (Sec.
24)
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 application of the
penalty provided for in the Revised Penal Code shall be
applicable (Sec. 25 )
(R.A. No. 9165)
Attempt or Conspiracy: (Sec. 26)
Any attempt or conspiracy to commit the following shall be
punishable by the same penalty for the commission
thereof:
• Importation of dangerous drugs and / or controlled

precursors and essential chemicals;
• Sale, trading, administration, dispensation, delivery,
distribution and transportation of dangerous drugs and / or
controlled precursors and essential chemicals;
• Maintenance of den, dive or resort where dangerous drugs
and / or controlled precursors and essential chemicals are
used or sold;
• Manufacture of dangerous drugs and / or controlled
precursors and essential chemicals; and
• Cultivation or culture of plants classified as dangerous drugs
(R.A. No. 9165)
Immunity from Prosecution and Punishment (Sec. 33)
Requisites:
1. A person violated Sections 7, 11, 12, 14, 15, and
19, of R.A. No 9165;
2. Said person voluntarily gives information about: (a)
any violation of Sections 4, 5, 6, 8, 10, 13, and 16 of said
Act; (b) any violation of the offenses mentioned if
committed by a drug syndicate, or (c) any information
leading to the whereabouts, identities and arrest of all or
any of the members thereof;
3. Said person willingly testifies against such persons
as described above;
(R.A. No. 9165)
Requisites:
4. Said person/informant does not appear to be most
guilty for the offense with reference to which his/her
information or testimony were given;
5. There is no direct evidence available for the State
except for the information and testimony of the said
informant or witness; and
6. That the following conditions must concur:
(a) The information and testimony are necessary
for the conviction of the persons described above;
(b) Such information and testimony are not yet in
the possession of the State;
(R.A. No. 9165)
Requisites:
(c) Such information and testimony can be
corroborated on its material points;
(d) the informant or witness has not been
previously convicted of a crime involving moral turpitude,
except when there is no other direct evidence available for
the State other than the information and testimony of said
informant or witness; and
(e) The informant or witness shall strictly and
faithfully comply without delay, any condition or
undertaking, reduced into writing, lawfully imposed by the
State as further consideration for the grant of immunity
from prosecution and punishment.
(R.A. No. 9165)
Sec. 21. Custody and Disposition of Confiscated, Seized,

and/or Surrendered Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or Laboratory
Equipment.
• The apprehending team having initial custody and control of

the drugs shall, immediately after seizure and confiscation,
physically inventory and photograph the same in the
presence of the accused or the person/s from whom such
items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media
and the Department of Justice (DOJ), and any elected public
official who shall be required to sign the copies of the
inventory and be given a copy thereof (Sec. 21[1]);
(R.A. No. 9165)
• Within twenty-four (24) hours upon confiscation/seizure of

dangerous drugs, the same shall be submitted to the PDEA
Forensic Laboratory for a qualitative and quantitative
examination (Sec. 21 [2]);
• A certification of the forensic laboratory examination results,

which shall be done under oath by the forensic laboratory
examiner, shall be issued within twenty-four (24) hours after
the receipt of the subject item/s (Sec. 21 [3]);
(R.A. No. 9165)
• After the filing of the criminal case, the Court shall, within
seventy-two (72) hours, conduct an ocular inspection of the
confiscated, seized and/or surrendered dangerous drugs,
plant sources of dangerous drugs, and controlled precursors
and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and
through the PDEA shall within twenty-four (24) hours
thereafter proceed with the destruction or burning of the
same, in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media
and the DOJ, civil society groups and any elected public
official (Sec. 21 [4]).
(R.A. No. 9165)
• The Board shall then issue a sworn certification as to the fact

of destruction or burning of the subject item/s which,
together with the representative sample/s in the custody of
the PDEA, shall be submitted to the court having jurisdiction
over the case. In all instances, the representative sample/s
shall be kept to a minimum quantity as determined by the
Board (Sec. 21 [5]);
(R.A. No. 9165)
• The alleged offender or his/her representative or counsel shall
be allowed to personally observe all of the above proceedings
and his/her presence shall not constitute an admission of guilt.
In case the said offender or accused refuses or fails to appoint
a representative after due notice in writing to the accused or
his/her counsel within seventy-two (72) hours before the actual
burning or destruction of the evidence in question, the Secretary
of Justice shall appoint a member of the public attorney's office
to represent the former (Sec. 21 [ 6]);
• After the promulgation and judgment in the criminal case

wherein the representative sample/s was presented as
evidence in court, the trial prosecutor shall inform the Board of
the final termination of the case and, in turn, shall request the
court for leave to turn over the said representative sample/s to
the PDEA for proper disposition and destruction within twenty-
four (24) hours from receipt of the same (Sec. 21 [7]).
(R.A. No. 9165)
The Chain of Custody Rule
As a method of authenticating evidence, the chain of

custody rule requires that the admission of an exhibit be
preceded by evidence sufficient to support a finding that
the matter in question is what the proponent claims it to be
(People v. Kamad, G.R. No. 174198, January 19, 2010).
(R.A. No. 9165)
As provided by the implementing rules and jurisprudence,

strict compliance of the requisites under Section 21 of
Republic Act No. 9165 can be disregarded as long as the
evidentiary value and integrity of the illegal drug are
properly preserved; and its preservation can be well
established if the chain of custody of illegal drug was
unbroken. (People v. Fermin and Madayag, Jr., G.R. No.
179344, 3 August 2011).
(R.A. No. 9165)
The failure to immediately mark seized drugs will not

automatically impair the integrity of chain of custody as
long as the integrity and the evidentiary value of the
seized items have been preserved, as these would be
utilized in the determination of the guilt or innocence of the
accused. What is essential is that the police officers
account for the crucial links in the chain of custody of
seized illegal drugs. (People v. Morales, G.R. No. 188608,
9 February 2011).
(R.A. No. 9165)
In People v. Presas (G.R. No. 182525, 2 March 2011), the
Supreme Court noted that the failure of the prosecution to
show that the police officers conducted the required
physical inventory and photograph of the evidence
confiscated pursuant to said guidelines, does not
automatically render accused’s arrest illegal or the items
seized from him inadmissible.
Notably, the implementing rules of the IRR provide that "non-

compliance with these requirements under justifiable grounds,
as long as the integrity and the evidentiary value of the seized
items are properly preserved by the apprehending officer/team,
shall not render void and invalid such seizures of and custody
over said items." The same provision also states that it must
still be shown that there exists justifiable grounds and proof that
the integrity and evidentiary value of the evidence have been
preserved.
(R.A. No. 9165)
• Presumption of regularity, standing alone, cannot

defeat the presumption of innocence.
The presumption that the police officers regularly performed
their duty cannot, standing alone, defeat the presumption of
innocence of the accused. Generally, law enforcers are
presumed to have regularly performed their duty, but this is a
mere procedural presumption which cannot overturn the
constitutionally recognized presumption of innocence of the
accused where lapses in the buy bust operation are shown.
An effect of this lapse, as held in Lopez v. People, is to
negate the presumption that official duties have been
regularly performed by the police officers. Any taint of
irregularity affects the whole performance and should
make the presumption unavailable (People v. Martin, G.R.
No. 193234, 19 October 2011).
(R.A. No. 9165)
The elements necessary to successfully prosecute an

illegal sale of drugs case are:
1. The identity of the buyer and the seller, the object,
and the consideration; and
2. The delivery of the thing sold and the payment
therefor.
It is material in this crime that the sale has actually

taken place. What consummates the buy-bust transaction
is the delivery of the drugs to the poseur-buyer and, in
turn, the seller’s receipt of the marked money. While the
parties may have agreed on the selling price of the shabu
and delivery of the payment was intended, these do not
prove consummated sale (People v. Linda, G.R. No.
200507, 26 June 2013).
• What is material in a prosecution for illegal sale of
dangerous drugs is the proof that the transaction or sale
actually took place, coupled with the presentation in court
of the corpus delicti or the illicit drug in evidence. (People
v. Opiana, G.R. No. 200797, 12 January 2015)
• Where the poseur-buyer, who was in possession of the

marked money, failed to effect payment even after the
seller has delivered the prohibited drug to him, no sale is
consummated between the parties. Accused cannot be
guilty of illegal sale but may be liable for illegal delivery of
prohibited drugs. (People v. Carrera, G.R. No. 21571, 2
September 2015)
(R.A. No. 9165)
When prosecuting an illegal possession of dangerous

drugs case, the following elements must be established:
1. The accused is in possession of an item or object,
which is identified to be a prohibited drug;
2. Such possession is not authorized by law; and
3. The accused freely and consciously possessed
the drug.
Possession of dangerous drugs constitutes prima facie

evidence of knowledge or animus possidendi, which is
sufficient to convict him, unless there is a satisfactory
explanation of such possession (People v. Lucio, G.R. No.
191391, 19 June 2013).
Title Six:
CRIMES AGAINST PUBLIC MORALS
• Art. 195. Gambling
1. Taking part directly or indirectly in –
a. any game of monte, jueteng, or any other form of
lottery, policy, banking, or percentage game, dog
races, or any other game or scheme the results of
which depend wholly or chiefly upon chance or
hazard; or wherein wagers consisting of money,
articles of value, or representative of value are made;
or
b. the exploitation or use of any other mechanical
invention or contrivance to determine by chance the
loser or winner of money or any object or
representative of value;
2. Knowingly permitting any form of gambling to be
carried on in any place owned or controlled by the
offender;
3. Being maintainer, conductor, or banker in a game of

jueteng or similar game;
4. Knowingly and without lawful purpose possessing

lottery list, paper, or other matter containing letters,
figures, signs or symbol which pertain to or are in
any manner used in the game of jueteng or any
similar game.
• Art. 200. Grave scandal – is a felony committed by
any person who shall offend against decency or good
customs by any highly scandalous conduct not
expressly falling within any other article of this Code.
Elements:
1. Offender performs an act or acts;
2. Such act or acts be highly scandalous as offending
against decency or good customs;
3. The highly scandalous conduct is not expressly
falling within any other article of this Code; and
4. The act or acts complained of be committed in a
public place or within the public knowledge or view.
Art. 201. Immoral doctrines, obscene publications
and exhibitions and indecent shows
Acts Punishable:
(A) Those who shall publicly expound or proclaim
doctrines openly contrary to public morals;
(B) (a) 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; (b) those who, in theaters, fairs,
cinematographs or any other place, exhibit, indecent or
immoral plays, scenes, acts or shows, whether live or in
film, which are prescribed by virtue hereof, shall include
those which (1) glorify criminals or condone crimes; (2)
serve no other purpose but to satisfy the market for
violence, lust or pornography;
Acts Punishable:
(3) offend any race or religion; (4) tend to abet
traffic in and use of prohibited drugs; and (5) are contrary
to law, public order, morals, and good customs,
established policies, lawful orders, decrees and edicts;
and
(C) Those who shall sell, give away or exhibit films,

prints, engravings, sculpture or literature which are
offensive to morals.
• Postcards of non-Christians inhabitants of the

Philippines in their native dress were questioned to be
obscene. The Court held that the postcards were not
obscene because the aggregate judgment of the
community, and the moral sense of the people were not
shocked by those pictures. They were not offensive to
chastity but merely depicted persons as they actually
lived. (People v. Kottinger)
• A “live show” or an actual exhibition of sexual act can

have no redeeming feature. There is no room for art.
Therefore, it is a clear and unmitigated obscenity. The
exhibition was an offense to public morals (People v.
Padan)
Note:
The crime of Vagrancy has been decriminalized under
R.A. 10158 which took effect in June 2012. The law
amended Article 202 of the Revised Penal Code (RPC)
by removing vagrancy as a crime because of concerns
that it only targets the poor and the disadvantaged.
Although the poor or homeless people can no longer be
brought to jail for vagrancy, the new law continues to
penalize women engaged in prostitution.
Title Seven:
CRIMES COMMITTED BY PUBLIC OFFICERS
Art. 203. Who are Public Officers
Requisites to be a public officer:
1. Taking part in the performance of public functions in

the government; or
- Performing in said government or in any of its
branches public duties as an employee, agent or
subordinate official, or any rank or class;
Art. 203. Who are Public Officers
Requisites to be a public officer:
2. 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;
b. By popular election; or
c. By appointment by competent authority.
• Embraces every public servant from highest to

lowest.
• Laborer, unless temporarily performs functions of a
public officer, is not a public officer.
Art. 204. Knowingly render unjust judgment
Elements:
• Offender is a judge;
• He renders a judgment in a case submitted to him for
decision;
• Judgment is unjust; and
• The judge knows that his judgment is unjust.
Art. 205. Judgment rendered through negligence

Elements:
• Offender is a judge;
• He renders a judgment in a case submitted to him for
decision;
• The judgment is manifestly unjust;
• It is due to his inexcusable negligence or ignorance.
Article 206. Unjust interlocutory order
Elements:
1. Offender is a judge; and
2. He performs any of the following acts:
a. Knowingly rendering an unjust interlocutory order
or decree; or
b. Rendering a manifestly unjust interlocutory order
or decree through inexcusable negligence or
ignorance.
• An interlocutory order is a court order 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.
Art. 207. Malicious Delay in the administration of
justice
Elements:
1. Offender is a judge;
2. There is a proceeding in his court;
3. He delays in the administration of justice; and
4. The delay is malicious, that is, with deliberate intent
to inflict damage on either party in the case.
• Malice must be proven.

Art. 208. Prosecution of offenses; negligence &
tolerance (Prevaricacion)
Acts Punishable:
1. Maliciously refraining from instituting prosecution

against violators of the law; and
2. Maliciously tolerating the commission of offenses.

Elements of dereliction of duty in the prosecution of

offenses:
1. Offender is a public officer or officer of the law
who has a duty to cause the prosecution of, or to
prosecute, offenses;
2. There is a dereliction of the duties of his office, that
is, 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. Offender acts with malice and deliberate intent to
favor the violator of the law.
Elements of dereliction of duty in the prosecution of

offenses:
1. Offender is a public officer or officer of the law
who has a duty to cause the prosecution of, or to
prosecute, offenses;
2. There is a dereliction of the duties of his office, that
is, 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. Offender acts with malice and deliberate intent to
favor the violator of the law.
Art. 209. Betrayal of trust by attorney; Revelation
of secrets.
Acts punishable:
1. Causing damage to his client, either --
a. By any malicious breach of professional duty;
b. By inexcusable negligence or ignorance.
• When the attorney acts with malicious abuse of his
employment or inexcusable negligence or ignorance,
there must be damage to his client.
2. Revealing any of the secrets of his client learned

by him in his professional capacity;
Damage is not necessary
Art. 209. Betrayal of trust by attorney; Revelation
of secrets.
Acts punishable:
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
of 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.
Art. 210. Direct Bribery
Acts punishable:
1. Agreeing to perform, or performing, in consideration
of any offer, promise, gift or present - an act
constituting a crime, in connection with the
performance of his official duties;
2. Accepting a gift in consideration of the execution of
an act which does not constitute a crime, in
connection with the performance of his official duty;
3. Agreeing to refrain, or by refraining, from doing
something which it is his official duty to do, in
consideration of gift or promise.
Elements:
1. Offender is a public officer within the scope of Article
203;
2. Offender accepts an offer or a promise or receives a
gift or present by himself or through another;
3. Such offer or promise be accepted, or gift or present
received by the public officer -
a. With a view to committing some crime; or
b. In consideration of the execution of an act which
does not constitute a crime, but the act must be
unjust; or
c. To refrain from doing something which it is his
official duty to do.
Elements:
4. The act which offender agrees to perform or which he
executes be connected with the performance of his
official duties.
Art. 211. Indirect Bribery

Elements:
2. He accepts gifts; and
3. The gifts are offered to him by reason of his office.
Art. 211. Indirect Bribery
Notes:
• Essential to Art. 211 is that the public officer must have
accepted the gift or material consideration; that is, the
public officer took the gift offered and considered it as
his personal property.
• There is no attempted or frustrated indirect bribery

Direct bribery Indirect bribery
The public officer receives a gift
There is an agreement There is no such agreement
between the officer and the
gift-giver
The offender agrees to It is unnecessary that the
perform an act or refrains offender should do or
from doing something promise any act as it is
because of the gift or enough that he accepted the
promise gift by reason of his office
Art. 211-A. Qualified Bribery
Elements:
1. Offender is a public officer entrusted with law
enforcement;
2. He refrains from arresting or prosecuting an offender
who has committed a crime;
3. Offender has committed a crime punishable by
reclusion perpetua and/or death;
4. Offender refrains from arresting or prosecuting in
consideration of any offer, promise, gift, or present.
Art. 212. Corruption of public officials
Elements:
1. Offender makes offers or promises or gives gifts or
presents to a public officer; and
2. 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.
• The offender in Art. 212 is the gift-giver or offeror of

promise, even if the gift was demanded by the public
officer and the offer was not made voluntarily prior to
said demand; public officer is not liable unless he
accepts the gift or consents to the promise
• (See R.A. Nos. 3019, 6713 and 1379)
Art. 213. Frauds against the public treasury and
similar offenses
Acts punishable:
1. 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. Demanding, directly or indirectly, the payment of

sums different from or larger than those authorized by
law, in collection of taxes, licenses, fees, and other
imposts;
similar offenses
Acts punishable:
3. 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. 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.
similar offenses
Elements of frauds against public treasury under

paragraph 1
2. He has taken advantage of his office, that is, he
intervened in the transaction in his official capacity;
3. He entered into an agreement with any interested
party or speculator or made use of any other scheme
with regard to furnishing supplies, the making of
contracts, or the adjustment or settlement of accounts
relating to public property or funds; and
4. He had intent to defraud the government.
similar offenses
Elements of illegal exactions under paragraph 2:
1. Offender is a public officer entrusted with the
collection of taxes, licenses, fees and other imposts;
2. He is guilty of any of the following acts or
omissions:
a. Demanding, directly or indirectly, the payment of
sums different from or larger than those authorized
by law; or
b. Failing voluntarily to issue a receipt, as provided by
law, for any sum of money collected by him officially;
or
c. Collecting or receiving, directly or indirectly, by way
of payment or otherwise, things or objects of a nature
different from that provided by law.
Art. 214. Other frauds – is committed by any public
officer who, taking advantage of his official position,
shall commit any of the frauds or deceits enumerated in
said provisions.
- He shall also be held liable for estafa and other
deceits.
Elements:
2. He takes advantage of his official position; and
3. He commits any of the frauds or deceits
enumerated in Article 315 to 318 (Estafa, other forms of
swindling, swindling a minor and other deceits)
Art. 215. Prohibited transactions – is committed by
any appointive public officer who, during his
incumbency, shall directly or indirectly become
interested in any transaction of exchange or speculation
within the territory subject to his jurisdiction.
Art. 216. Possession of prohibited interest by a

public officer – is committed by any public officer who
directly or indirectly, shall become interested in any
contract or business in which it is his official duty to
intervene.
Art. 217. Malversation of public funds or property
Acts punishable:
1. Appropriating public funds or property;
2. Taking or misappropriating the same;
3. Consenting, or through abandonment or
negligence, permitting any other person to take such
public funds or property; and
4. Being otherwise guilty of the misappropriation or
malversation of such funds or property
- 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 use.
Elements common to all acts of malversation under Article

217:
2. He had the custody or control of funds or property
by reason of the duties of his office;
3. Those funds or property were public funds or
property for which he was accountable; and
4. He appropriated, took, misappropriated or
consented or, through abandonment or negligence,
permitted another person to take them.
• Malversation is committed either intentionally or

by negligence. The dolo or the culpa present in the
offense is only a modality in the perpetration of the
felony. Even if the mode charged differs from the
mode proved, the same offense of malversation is
involved and conviction thereof is proper (Mesina v.
People, G.R. No. 162489, 17 June 2015).
• All that is necessary for conviction is sufficient proof

that the accountable officer had received public
funds, that he did not have them in his possession
when demand therefor was made, and that he could
not satisfactorily explain his failure to do so (Mesina
v. People, G.R. No. 162489, 17 June 2015).
• Direct evidence of personal misappropriation by the

accused is hardly necessary as long as the accused
cannot explain satisfactorily the shortage in his
accounts (Mesina v. People, G.R. No. 162489, 17
June 2015).
Art. 218. Failure of accountable officer to render
accounts
Elements:
1. Offender is public officer, whether in the service or
separated therefrom by resignation or any other
cause;
2. He is an accountable officer for public funds or
property;
3. He is required by law or regulation to render account
to the Commission on Audit, or to a provincial auditor;
and
4. He fails to do so for a period of two months after such
accounts should be rendered.
Art. 219. Failure of a responsible public officer to
render accounts before leaving the country – is
committed by any public officer who unlawfully leaves or
attempts to leave the Philippine Islands without securing
a certificate from the Insular Auditor showing that his
accounts have been finally settled.
Elements:
2. He is an accountable officer for public funds or
property; and
3. He unlawfully leaves or attempts to leave the
Philippine Islands without securing a certificate from
the Commission on Audit showing that his accounts
have been finally settled.
Art. 220. Illegal use of public funds or property
(Technical Malversation)
Elements:
2. There are public funds or property under his
administration;
3. Such fund or property were appropriated by law or
ordinance; and
4. He applies such public fund or property to any public
use other than for which it was appropriated for.
Art. 220. Illegal use of public funds or property
(Technical Malversation)
• Illegal use of public funds or property distinguished from

malversation:
• Offenders in both crimes are public officers.
• In Illegal use, the public officer does not derive
personal gain of profit; in malversation, the
offender in certain cases profits.
• In Illegal use, the public fund or property is
applied to another public use; in malversation,
the public fund or property is applied to personal
use.
Art. 221. Failure to make delivery of public funds or
property
Acts punishable:
1. Failing to make payment by a public officer who is

under obligation to make such payment from government
funds in his possession; and
2. Refusing to make delivery by a public officer who

has been ordered by competent authority to deliver any
property in his custody or under his administration.
Art. 221. Failure to make delivery of public funds or
property
Elements of failure to make payment:

1. Public officer has government funds in his
possession;
2. He is under obligation to make payment from such
funds; and
3. He fails to make the payment maliciously.
• Note: Refusal to make delivery of property must be

malicious
Art. 223. Conniving with or consenting to evasion –
is committed by any public officer who shall consent to
the escape of a (detention or sentenced) prisoner in his
custody or charge.
Elements:
2. He had in his custody or charge a prisoner, either
detention prisoner or prisoner by final judgment;
3. Such prisoner escaped from his custody; and
4. He was in connivance with the prisoner in the latter’s
escape.
Art. 224. Evasion through negligence -- is committed
when the evasion of the prisoner shall have taken place
through the negligence of the officer charged with the
conveyance or custody of the escaping prisoner.
Elements:
2. He is charged with the conveyance or custody of a
prisoner or prisoner by final judgment; and
3. Such prisoner escapes through negligence.
Art. 224. Evasion through negligence
Notes:
• Only the positive carelessness that is short of
deliberate non-performance of his duties as guard that
is the gravamen of the crime under Art 224.
• The fact that the public officer recaptured the escaped
prisoner does not afford complete exculpation.
• Liability of escaping prisoner:
• If serving sentence by reason of final judgment-
evasion of service under Art 157
• If detention prisoner, no criminal liability.
Art. 225. Escape of prisoner under the custody of a
person not a public officer
Elements:
1. Offender is a private person;
2. The conveyance or custody of a prisoner or person
under arrest is confided to him;
3. The prisoner or person under arrest escapes; and
4. Offender consents to the escape, or that the escape
takes place through his negligence.
• This Article is inapplicable if the private person is the

one who made the arrest and he consented to the
escape of the person he arrested
Art. 226. Removal, concealment, or destruction of
documents
Elements:
2. He abstracts, destroys or conceals a document or
papers;
3. Said document or papers should have been
entrusted to such public officer by reason of his
office; and
4. Damage, whether serious or not, to a third party or to
the public interest has been caused.
Art. 227. Officer breaking seal – is committed by any
public officer charged with the custody of papers or
property sealed by proper authority, who shall break the
seals or permit them to be broken.
Elements:
2. He is charged with the custody of papers or property;
3. These papers or property are sealed by proper
authority; and
4. He breaks the seal or permits them to be broken.
• It is the breaking of the seals, not opening of closed
envelope that is punishable under the Article.
• Damage or intent to cause damage is not necessary.
Art. 228. Opening of closed documents – is committed
by any public officer not included in the provisions of the
next preceding article who, without proper authority, shall
open or shall permit to be opened any closed papers,
documents or objects entrusted to his custody.
Elements:
2. Any closed papers, documents, or object are
entrusted to his custody;
3. He opens or permits to be opened said closed
papers, documents or objects;
4. He does not have proper authority.
Art. 229. Revelation of secrets by an officer
Acts punishable:
1. Revealing any secrets known to the offending
public officer by reason of his official capacity;
• Elements
2. He knows of a secret by reason of his official
capacity;
3. He reveals such secret without authority or
justifiable reasons; and
4. Damage, great or small, is caused to the public
interest.
Art. 229. Revelation of secrets by an officer
Acts punishable:
2. Delivering wrongfully papers or copies of papers of
which he may have charge and which should not be
published.
Elements:
2. He has charge of papers;
3. Those papers should not be published;
4. He delivers those papers or copies thereof to a
third person;
5. The delivery is wrongful; and
6. Damage is caused to public interest.
Art. 230. Public officer revealing secrets of private
individual – is committed by any public officer to whom
the secrets of any private individual shall become known
by reason of his office who shall reveal such secrets.
Elements:
2. He knows of the secrets of a private individual by
reason of his office; and
3. He reveals such secrets without authority or
justifiable reason.
Art. 231. Open disobedience
Elements:
1. Officer is a judicial or executive officer;
2. There is a judgment, decision or order of a superior
authority;
3. Such judgment, decision or order was made within
the scope of the jurisdiction of the superior authority
and issued with all the legal formalities; and
4. He, without any legal justification, openly refuses to
execute the said judgment, decision or order, which
he is duty bound to obey.
Art. 232. Disobedience to order of superior officers,
when said order was suspended by inferior officer –
is committed by any public officer who, having for any
reason suspended the execution of the orders of his
superiors, shall disobey such superiors after the latter
have disapproved the suspension.
.
Art. 233. Refusal of assistance – is committed by a
public officer who, upon demand from competent
authority, shall fail to lend his cooperation towards the
administration of justice or other public service, if such
failure shall result in damage to the public interest, or to a
third party.
Art. 234. Refusal to discharge elective office – is

committed by any person who, having been elected by
popular election to a public office, shall refuse without
legal motive to be sworn in or to discharge the duties of
said office.
Art. 235. Maltreatment of prisoners – is committed by
any public officer or employee who shall overdo himself
in the correction or handling of a prisoner or detention
prisoner under his charge, by the imposition of
punishment not authorized by the regulations, or by
inflicting such punishment in a cruel and humiliating
manner.
Art. 236. Anticipation of duties of a public office — is

committed by any person who shall assume the
performance of the duties and powers of any public
officer or employment without first being sworn in or
having given the bond required by law.
Art. 237. Prolonging performance of duties and
powers — is committed by any public officer shall
continue to exercise the duties and powers of his office,
employment or commission, beyond the period provided
by law, regulation or special provisions applicable to the
case.
Art. 239. Usurpation of legislative powers — is
committed by any public officer who shall encroach upon
the powers of the legislative branch of the Government,
either by making general rules or regulations beyond the
scope of his authority, or by attempting to repeal a law or
suspending the execution thereof.
Art. 240. Usurpation of executive functions — is

committed by any judge who shall assume any power
pertaining to the executive authorities, or shall obstruct
the latter in the lawful exercise of their powers.
Art. 241. Usurpation of judicial functions — is
committed by any officer of the executive branch of the
Government who shall assume judicial powers or shall
obstruct the execution of any order or decision rendered
by any judge within its jurisdiction.
Art. 242. Disobeying request for disqualification — is

committed by any public officer who, before the question
of jurisdiction is decided, shall continue any proceeding
after having been lawfully required to refrain from so
doing.
Art. 243. Orders or requests by executive officers to
any judicial authority — is committed by any executive
officer who shall address any order or suggestion to any
judicial authority with respect to any case or business
coming within the exclusive jurisdiction of the courts of
justice.
Art. 244. Unlawful appointments — is committed by

any public officer who shall knowingly nominate or
appoint to any public office any person lacking the legal
qualifications.
Art. 245. Abuses against chastity; Penalties
Acts punishable:
1. Soliciting or making immoral or indecent advances to
a woman interested in 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;
a woman under the offender’s custody;
the wife, daughter, sister or relative within the same degree
by affinity of any person in the custody of the offending
warden or officer.
• A lower penalty is imposed if the person solicited be the
wife, daughter, sister of relative within the same degree by
affinity of any person in the custody of such warden or
officer
Elements:
2. He solicits or makes immoral or indecent advances to
a woman; and
3. Such woman is --
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.
Notes:
• A lower penalty is imposed if the person solicited be the
wife, daughter, sister of relative within the same degree
by affinity of any person in the custody of such warden
or officer.
• The advances must be immoral or indecent.
• The crime is consummated by mere proposal.
• Proof of solicitation not necessary when there is sexual
intercourse.
Title Eight: CRIMES AGAINST PERSONS
Art. 246. Parricide
Elements:
1. A person is killed;
2. The deceased is killed by the accused; and
3. 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.
Art. 246. Parricide
• The key element in parricide is the relationship of the

offender with the victim. In the case of parricide of a
spouse, the best proof of the relationship between
the accused and the deceased is the marriage
certificate. In the absence thereof, oral evidence of
the fact of marriage may be considered by the trial
court if such proof is not objected to. (People v.
Malabago)
• Relationship must be alleged in order that the

accused may be convicted of parricide. If not
alleged, relationship must be considered as an
aggravating circumstance. (People v. Jumawan)
Art. 246. Parricide
Cases where a person who committed parricide is not

punished with reclusion perpetua to death:
a. When parricide is committed through negligence

(Art. 365)
b. When parricide is committed by mistake (Art. 249)
c. When parricide is committed under exceptional
circumstances (Art. 247)
Art. 247. Death or physical injuries inflicted under
exceptional circumstances
Requisites for application:
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.
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.
“Surprise” – to come upon suddenly and unexpectedly
Art. 247. Death or physical injuries inflicted under
exceptional circumstances
Though quite a length of time, about an hour, had

passed between the time accused Abarca caught his
wife in sexual intercourse with Koh and the time the
latter was actually shot, the shooting must be
understood to be the continuation of the pursuit of the
victim by Abarca. The RPC, in requiring that the
accused “shall kill any of them or both of
them…immediately” after surprising his spouse in the
act of intercourse, does not say that he should commit
the killing instantly thereafter. It only requires that the
death caused be the proximate result of the outrage
overwhelming the accused after chancing upon the
spouse in the basest act of infidelity (People v. Abarca)
Art. 248. Murder
• Elements:
1. A person was killed;
2. The accused killed said person;
3. The killing was attended by any of the following
qualifying circumstances –
a) With treachery, taking advantage of superior
strength, with the aid or armed men, or
employing means to weaken the defense, or
of means or persons to insure or afford
impunity;
b) In consideration of a price, reward or promise;
Art. 248. Murder
• Elements:
c) 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;
d) On occasion of any of the calamities
enumerated in the preceding paragraph, or of
an earthquake, eruption of a volcano,
destructive cyclone, epidemic, or any other
public calamity;
Art. 248. Murder
• Elements:
e) With evident premeditation; and
f) With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
The killing is not parricide or infanticide.
4. The killing is not parricide or infanticide.

Art. 248. Murder
• Murder will exist with only one of the circumstances
described in this article. When more than one of the
circumstances is present, the others must be
considered as generic aggravating.
• However, when the other circumstances are
absorbed or included in one qualifying circumstance,
they cannot be considered as generic aggravating.
(Example: abuse of superior strength is absorbed by
treachery)
• The qualifying circumstance must be alleged, in
order to qualify the killing to murder. If not alleged, it
is only a generic aggravating circumstance (People
v. Gimongala, 170 SCRA 632; People v. Bustos, 171
SCRA 243)
Art. 248. Murder
• If the evidence failed to convince the court that the

wound sustained would have caused the victim’s
death without timely medical attention, accused
should be convicted of attempted murder and not
frustrated murder (People v. Labiaga, G.R. No.
202867, 15 July 2013).
Art. 249. Homicide
Elements:
1. A person was killed;
2. The accused killed him without any justifying
circumstance;
3. The accused had the intention to kill, which is
presumed;
4. The killing was not attended by any of the qualifying
circumstances of murder, or by that of parricide or
infanticide.
Art. 249. Homicide
• An essential element of murder and homicide,

whether in their consummated, frustrated or
attempted stage, is intent of the offenders to kill the
victim immediately before or simultaneously with the
infliction of injuries. Intent to kill is a specific intent
which the prosecution must prove by direct or
circumstantial evidence, while general criminal intent
is presumed from the commission of a felony by dolo
(People v. Rivera, 2006).
• Art. 251. Death caused in a tumultuous affray — is
committed when, while several persons, not
composing groups organized for the common purpose
of assaulting and attacking each other reciprocally,
quarrel and assault each other in a confused and
tumultuous manner, and in the course of the affray
someone is killed, and it cannot be ascertained who
actually killed the deceased, but the person or persons
who inflicted serious physical injuries can be identified,
such person or persons shall be punished.
- If it cannot be determined who inflicted the serious
physical injuries on the deceased, the penalty of x x x
shall be imposed upon all those who shall have used
violence upon the person of the victim.
• Art. 251. Death caused in a tumultuous affray
Elements:
1. There are several persons;
2. They do not compose groups organized for the
common purpose of assaulting and attacking each
other reciprocally;
3. These several persons quarreled and assaulted one
another in a confused and tumultuous manner;
4. Someone was killed in the course of the affray;
5. It can not be ascertained who actually killed the
deceased; and
6. The person or persons who inflicted serious physical
injuries or who used violence can be identified.
• Art. 251. Death caused in a tumultuous affray
A tumultuous affray takes place when a quarrel
occurs between several persons who engage in a confused
and tumultuous manner, in the course of which a person is
killed or wounded and the author thereof cannot be
ascertained. The quarrel in the instant case 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, as the defense
suggests, a "tumultuous affray" within the meaning of Art.
251 of The RPC, that is, 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. (People v. Unlagada, 389 SCRA 224)
Art. 252. Physical injuries inflicted in a tumultuous
affray —
Elements:
1. There is a tumultuous affray;
2. A participant or some participants thereof suffered
serious physical injuries or physical injuries of a less
serious nature ONLY;
3. The person responsible thereof cannot be identified;
and
4. All those who appear to have used violence upon the
person of the offended party are known.
Art. 253. Giving assistance to suicide — is committed
any person who shall assist another to commit suicide.
Acts punishable:
1. Assisting another to commit suicide, whether the
suicide is consummated or not;
2. Lending his assistance to another to commit suicide
to the extent of doing the killing himself.
Art. 254. Discharge of firearms — committed any
person who shall shoot at another with any firearm but
the same does not constitute frustrated or attempted
parricide, murder, homicide or any other crime for which
a higher penalty is prescribed by any of the articles of the
RPC.
Elements:
1. The offender discharges a firearm against or at
another person; and
2. The offender had no intention to kill that person.
Absent an intent to kill in firing the gun towards the

victim, accused should be held liable for the crime of
illegal discharge of firearm under Article 254 of the RPC.
(Dado v. People, 392 SCRA 46)
Art. 255. Infanticide
Elements:
1. A child was killed
2. The accused killed the said child; and
3. The deceased child was less than three days (72
hours) of age.
• The penalty prescribed is the same for parricide or

murder, as the case may be.
Art. 255. Infanticide
• Concealment of dishonor is not an element of

infanticide. If the crime is committed by the mother of
the child to conceal her dishonor, or by the maternal
grandparents for the same purpose, the penalty for
infanticide is mitigated.
• There is no crime of infanticide is committed when the

child was born dead, or although born alive, it could not
sustain an independent life when it was killed.
Art. 256. Intentional abortion
Ways of committing intentional abortion:

1. Using any violence upon the person of the pregnant
woman;
2. Acting, but without using violence, without the
consent of the woman (by administering drugs or
beverages upon such pregnant woman without her
consent.);
3. Acting (by administering drugs or beverages), with
the consent of the pregnant woman.
Elements:
1. There is a pregnant woman;
2. Violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts
upon such pregnant woman; 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
3. The abortion is intended.
Notes:
• The person who intentionally caused the abortion is
liable under this article. The pregnant woman, if she
consented to the abortion, shall be liable under Article
258 (abortion practiced by the woman herself or her
parents. If she did not consent, she is not criminally
liable.
• Abortion distinguished from infanticide: if the fetus

could sustain an independent life after its separation
from the maternal womb; and it is killed, the crime is
infanticide.
Art. 257. Unintentional abortion — is committed by any
person who shall cause an abortion by violence, but
unintentionally.
Elements:
1. There is a pregnant woman;
2. Violence is used upon such pregnant woman without
intending an abortion;
3. The violence is intentionally exerted; and
4. As a result of the violence, the fetus dies, either in the
womb or after having been expelled therefrom.
Art. 257. Unintentional abortion
People v. Salufrania
After quarrelling with his pregnant wife, Salufrania
boxed her on the stomach and strangled her to death. He
was convicted of the complex crime of parricide with
INTENTIONAL ABORTION.
HELD: There is no evidence to show that the accused
had the intention to commit an abortion. Mere punching on
the stomach, taken together with the immediate strangling
of the victim is not sufficient to show an intent to cause an
abortion. Thus, accused Salufrania should be convicted of
the crime of parricide with UNINTENTIONAL ABORTION.
Art. 258. Abortion practiced by the woman herself of
by her parents
Elements:
1. There is a pregnant woman who has suffered an
abortion;
2. The abortion is intended; and
3. Abortion is caused by --
• The pregnant woman herself;
• Any other person, with her consent; or
• Any of her parents, with her consent for the purpose
of concealing her dishonor.
• A lower penalty is imposed if a woman or her parent/s

commits this offense to conceal her dishonor.
Art. 259. Abortion practiced by a physician or
midwife
Elements (for physicians and midwives):

1. There is a pregnant woman who has suffered an
abortion;
2. The abortion is intended;
3. Offender, who must be a physician or midwife,
caused or assisted in causing the abortion; and
4. Said physician or midwife took advantage of his or
her scientific knowledge or skill.
• The penalties provided for intentional abortion shall be
imposed in the maximum period for physicians and
midwives violating this article.
Art. 259. Abortion practiced by a physician or
midwife
Elements (for pharmacists):

1. The offender is a pharmacist;
2. There is no proper prescription from a physician; and
3. The offender dispenses any abortive.
• It is not necessary that the pharmacist knows that the
abortive would be used to cause an abortion. What is
punished is the dispensing of the abortive without the proper
prescription.
• Not necessary that the abortive be actually used either.
• If the pharmacist knew that the drug would be used to cause
an abortion, he may be liable as an accomplice in the crime
of abortion.
Art. 260. Duel — is committed by any person who shall
kill his adversary in a duel or who shall inflict upon the
latter physical injuries or inflict any other offense in a
duel.
- The seconds shall in all events be punished as
accomplices.
Art. 261. Challenging to a duel — is committed by any

person who shall challenge another, or incite another to
give or accept a challenge to a duel, or shall scoff at or
decry another publicly for having refused to accept a
challenge to fight a duel.
Art. 262. Mutilation
1. Intentionally mutilating another by depriving him,
either totally or partially, of some essential organ for
reproduction; (castration)
Elements:
a. There be a castration, that is, mutilation of organs
necessary for generation, such as the penis or
ovarium;
b. The mutilation is caused purposely and
deliberately, that is, to deprive the offended party
of some essential organ for reproduction.
2. Intentionally making other mutilation, that is, by
lopping or clipping off any part of the body of the
offended party, other than the essential organ for
reproduction, to deprive him of that part of his body.
(other intentional mutilation)
Art. 263. Serious physical injuries
How committed:
1. By wounding;
2. By beating;
3. By assaulting; or
4. By administering injurious substance.
Types of serious physical injuries:
1. When the injured person becomes insane, imbecile,

impotent or blind in consequence of the physical
injuries inflicted;
2. When the injured person –

a. Loses the use of speech or the power to hear or
to smell, or loses an eye, a hand, a foot, an arm,
or 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;
Types of serious physical injuries:
3. When the person injured –

a. Becomes deformed; or
b. Loses any other member of his body; or
c. Loses the use thereof; or
d. Becomes ill or incapacitated for the performance
of the work in which he was habitually engaged
for more than 90 days in consequence of the
physical injuries inflicted;
4. When the injured person becomes ill or
incapacitated for labor for more than 30 days (but
must not be more than 90 days), as a result of the
physical injuries inflicted.
Art. 264. Administering injurious substances or
beverages
Elements:
1. Offender inflicted upon another any serious physical
injury;
2. It was done by knowingly administering to him any
injurious substance or beverages or by taking
advantage of his weakness of mind or credulity; and
3. He had no intent to kill.
It is frustrated murder when there is intent to kill, the

injurious substance to be considered as poison
Administering injurious substance means introducing into
the body the substance
Art. 265. Less serious physical injuries
Matters to be noted in this crime:

1. Offended party is incapacitated for labor for 10 days or
more (but not more than 30 days), or needs medical
attendance for the same period of time;
2. The physical injuries must not be those described in
the preceding articles.
Art. 266. Slight physical injuries and maltreatment
• Acts punished:
1. Physical injuries incapacitated the offended party for

labor from one to nine days, or required medical
attendance during the same period;
2. Physical injuries which did not prevent the offended
party from engaging in his habitual work or which did
not require medical attendance;
3. Ill-treatment of another by deed without causing any
injury.
Art. 266-A. Rape, When and How Committed

1. Offender is a man;
2. Offender had carnal knowledge of a woman;
3. Such act is accomplished under any of the following
circumstances:
a. By using force or intimidation;
b. When the woman is deprived of reason or
otherwise unconscious;
c. By means of fraudulent machination or grave
abuse of authority; or
d. When the woman is under 12 years of age or
demented.
1. Offender commits an act of sexual assault;

2. The act of sexual assault is committed by any of the
following means:
a. By inserting his penis into another person's mouth
or anal orifice; or
b. By inserting any instrument or object into the
genital or anal orifice of another person;
3. The act of sexual assault is accomplished under any

of the following circumstances:
a. By using force or intimidation; or
b. When the woman is deprived of reason or
otherwise unconscious; or
c. By means of fraudulent machination or grave
abuse of authority; or
d. When the woman is under 12 years of age or
demented.
Maximum penalty is imposed:
1. Where the victim is under 18 years of age and the
offender is her ascendant, stepfather, guardian, or
relative by affinity or consanguinity within the 3rd civil
degree, or the common law husband of the victim’s
mother; or
2. Where the victim was under the custody of the police or
military authorities, or other law enforcement agency;
3. Where the rape is committed in full view of the victim’s
husband, the parents, any of the children or relatives by
consanguinity within the 3rd civil degree;
4. Where the victim is a religious, that is, a member of a
legitimate religious vocation and the offender knows the
victim as such before or at the time of the commission
of the offense;
Maximum penalty is imposed:
5. Where the victim is a child under 7 yrs of age;
6. Where the offender is a member of the AFP, its
paramilitary arm, the PNP, or any law enforcement
agency and the offender took advantage of his position;
7. Where the offender is afflicted with AIDS or other
sexually transmissible diseases, and he is aware
thereof when he committed the rape, and the disease
was transmitted;
8. Where the victim has suffered permanent physical
mutilation;
9. Where the pregnancy of the offended party is known to
the rapist at the time of the rape; or
10. Where the rapist is aware of the victim’s mental
disability, emotional disturbance or physical handicap
Art. 266-C. Effect of pardon
• Subsequent valid marriage between the offender and
the offended party shall extinguish the criminal action
or the penalty imposed.
• In case it is the legal husband who is the offender, the
subsequent forgiveness by the wife as the offended
party shall extinguish the criminal action or the
penalty, provided that their marriage is not void ab
initio.
Art. 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;
2. where the offended party is so situated as to
render him/her incapable of giving consent.
Old Rape Law New Rape Law
Crime against chastity Crime against persons
May be committed by a man Under the second type,
against a woman ONLY sexual assault may be
committed by ANY
PERSON
PRIVATE CRIME – Complaint May be prosecuted even if
must be filed by the woman or the woman does not file a
her parents, grandparents or complaint
guardian if the woman was a
minor or incapacitated
Marriage of the victim with one Marriage extinguishes the
of the offenders benefits not penal action ONLY as to the
only the principal but also the principal (the person who
accomplices and accessories married the victim)
Marital rape NOT recognized Marital rape recognized

• Carnal knowledge of a female simply means a male
having bodily connections with a female. The
presence or absence of injury or laceration in the
victim’s genitalia is not decisive of whether rape has
been committed. Such injury or laceration is material
only if force or intimidation were an element of the
rape charged. Otherwise, it is merely circumstantial
evidence of the commission of the rape (People v.
Buado, Jr., G.R. No. 170634, 8 January 2013).
• In rape committed by close kin, such as the victim’s

father, stepfather, uncle, or the common-law spouse
of her mother, it is not necessary that actual force or
intimidation be employed. Moral influence or
ascendancy takes the place of violence and
intimidation (People v. Vitero, G.R. No. 175327, 3
April 2013).
• There is NO crime of frustrated rape because – In
rape, from the moment the offender has carnal
knowledge of the victim, he actually attains his
purpose, from that moment also all the essential
elements of the offense have been accomplished.
(People v. Orita).
• When a complex crime under Article 48 of the

RPC is charged, such as forcible abduction with
rape, it is axiomatic that the prosecution must
allege and prove the presence of all the elements
of forcible abduction, as well as all the elements
of the crime of rape. (People v. Sabredo).
• In statutory rape, mere sexual congress with a
woman below twelve years of age consummates
the crime of statutory rape regardless of her
consent to the act or lack of it. The law presumes
that a woman of tender age does not possess
discernment and is incapable of giving intelligent
consent to the sexual act. (People v. Jalosjos,
369 SCRA 179, 2001).
• For minority to be considered as an element of a

crime or a qualifying circumstance in the crime of
rape, it must not only be alleged in the Information,
but it must also be established with moral certainty.
Under Rule 130 of the Rules on Evidence, the victim's
birth certificate is the best evidence of her age.
Absent the victim’s certificate of live birth, and other
means by which her age as alleged in the Information
could have been ascertained beyond doubt, the crime
committed is simple rape only. (People v. Misa III,
G.R. No. 212336, 15 July 2015)
• In cases of multiple rape, each of the defendants
is responsible not only for the rape committed by
him but also for those committed by the others.
Plurad, therefore, is responsible not only for the
rape committed personally by him but also for the
two other counts of rape committed by his co-
accused. (People v. Plurad, 393 SCRA 306,
2002).
• It has been consistently ruled that "a love affair does
not justify rape, for the beloved cannot be sexually
violated against her will." The fact that a woman
voluntarily goes out on a date with her lover does not
give him unbridled license to have sex with her
against her will. The court cited the case of People v.
Dreu, where it was held that "A sweetheart cannot be
forced to have sex against her will. Definitely, a man
cannot demand sexual gratification from a fiancee
and, worse, employ violence upon her on the pretext
of love. Love is not a license for lust." (People v.
Bautista, 430 SCRA 469, 2004).
• Lining could only be convicted for the crime of rape,

instead of the complex crime of forcible abduction with
rape. Indeed, it would appear from the records that
the main objective of the accused when the victim
was taken to the house of Mila Salvacion was to rape
her. Hence, forcible abduction is absorbed in the
crime of rape. (People v. Lining, 384 SCRA 427,
2002).
Title Nine
Crimes against Personal Liberty and Security
Art. 267. Kidnapping and serious illegal detention
Elements:
1. Offender is a private individual;
2. He kidnaps or detains another, or in any other manner
deprives the latter of his liberty;
3. The act of detention or kidnapping must be illegal; and
Art. 267. Kidnapping and serious illegal detention
Elements:
4. In the commission of the offense, any of the following
circumstances is present:
a. The kidnapping lasts for more than 3 days;
b. It is committed simulating public authority;
c. Any serious physical injuries are inflicted upon the
person kidnapped or detained or threats to kill him
are made; or
d. The person kidnapped or detained is a minor,
female, or a public officer.
Illegal detention Arbitrary detention
Committed by a private Committed by a public
individual, who unlawfully officer or employee, who
deprives a person of his detains a person without
liberty legal ground
Crime against personal Crime against the
liberty fundamental laws of the
state
 When the kidnapping is done for the purpose of

extorting ransom from the victim or any other person,
actual demand for ransom is not necessary, as long
as it can be proven that the kidnapping was done for
the purpose of extorting ransom.
 It is not necessary that the victim be placed in an
enclosure, as long as he is deprived, in any manner,
of his liberty.
 The crime is Special Complex Crime of
Kidnapping with Murder when the victim is killed
or dies as a consequence of the detention. The
maximum penalty shall be imposed.
 The maximum penalty is imposed in the following.

cases:
o If the purpose of detention is to extort ransom
o When the victim is killed or dies as a
consequence of the detention
o When the victim is raped
o When the victim is subjected to torture or
dehumanizing acts.
Where the taking of the victim from one place
to another is merely incidental to the basic purpose to
kill, the crime is murder, and is not converted to
kidnapping by demand for ransom (People v. Padica,
G.R. No. 102645, 7 April 1993).
Art. 268. Slight illegal detention
Elements:
1. Offender is a private individual;
2. He kidnaps or detains another, or in any other
manner deprives him of his liberty.
3. The act of kidnapping or detention is illegal; and
4. The crime is committed without the attendance of any
of the circumstances enumerated in Article 267.
- The same penalty shall be incurred by anyone who shall

furnish the place for the perpetration of the crime.
- A lower penalty is imposed when the offender voluntarily
released the person so kidnapped or detained within three
days from the commencement of the detention, without
having attained the purpose intended, and before the
institution of criminal proceedings against him.
Art. 268. Slight illegal detention
• Privileged mitigating circumstance (penalty lower by
one degree) – if the offender:
a. Voluntarily releases the person so kidnapped or
detained within three days from the
commencement of the detention;
b. Without having attained the purpose intended;
and
c. Before the institution of criminal proceedings
against him.
Voluntary release is neither a privileged nor mitigating
circumstance if the victim is woman, because the
detention would then be punished under Article 267.
Art. 269. Unlawful arrest
Elements:
1. Offender arrests or detains another person;
2. The purpose of the offender is to deliver him to the
proper authorities; and
3. The arrest or detention is not authorized by law or
there is no reasonable ground therefor.
The motive of the person arresting is controlling. If his

purpose is to deliver to proper authorities, this article
applies. Absence of this motive may be shown by the
length of time the victim is detained.
If the purpose of delivering to proper authorities is not
shown, the person may be liable for other illegal detention
(under 267 or 268, depending on the circumstances of the
case)
Art. 269. Unlawful arrest
Unlawful arrest Delay of delivery of

detained persons
The detention is not The detention is for some
authorized by law legal ground
Crime is committed by making Crime is committed by
an arrest not authorized by failing to deliver such
law persons to the proper
judicial authority within a
certain period of time
Art. 270. Kidnapping and failure to return a minor
Elements:
1. Offender is entrusted with the custody of a minor

person (whether over or under 7 years but less than
21 years of age); and
2. He deliberately fails to restore the said minor to his

parents or guardians.
Art. 270. Kidnapping and failure to return a minor
• Kidnapping and failure to return a minor under Article

270 of the Revised Penal Code has two essential
elements, namely: (1) the offender is entrusted with
the custody of a minor person; and (2) the offender
deliberately fails to restore the said minor to his
parents or guardians. What is actually being punished
is not the kidnapping of the minor but rather the
deliberate failure of the custodian of the minor to
restore the latter to his parents or guardians (People
v. Pastrana, 387 SCRA 342)
Art. 271. Inducing a minor to abandon his home
Elements:
• A minor (whether over or under seven years of age) is

living in the home of his parents or guardians or the
person entrusted with his custody; and
• Offender induces said minor to abandon such home.
 A lower penalty is imposed if the person

committing any of the crimes covered by the two
preceding articles shall be the father or the mother
of the minor.
Art. 272. Slavery
Elements:
• Offender purchases, sells, kidnaps or detains a

human being; and
• The purpose of the offender is to enslave such human
being.
 If the crime be committed for the purpose of

assigning the offended party to some immoral
traffic, the penalty shall be imposed in its maximum
period.
Art. 273. Exploitation of child labor
Elements:
1. Offender retains a minor in his services;
2. It is against the will of the minor;
3. It is under the pretext of reimbursing himself of a
debt incurred by an ascendant, guardian or person
entrusted with the custody of such minor.
• The existence of an indebtedness constitutes no

legal justification for holding a person and depriving
him of his freedom to live where he wills.
Art. 274. Services rendered under compulsion in
payment of debt
Elements:
1. Offender compels a debtor to work for him, either as

household servant or farm laborer;
2. It is against the debtor’s will; and
3. The purpose is to require or enforce the payment of
a debt.
Service under Exploitation of child
compulsion labor
Does not distinguish Victim must be a minor
whether the victim is a
minor or not
The debtor himself is the The minor is compelled
one compelled to work to render services for the
for the offender supposed debt of his
parent or guardian
Limited to household Service is not limited
work or farm labor
Art. 275. Abandonment of persons in danger and
abandonment of one’s own victim
Acts punishable:
1. Failing to render assistance to any person whom
the offender finds in an uninhabited place wounded or
in danger of dying when he can render such assistance
without detriment to himself, unless such omission shall
constitute a more serious offense.
Elements:
1. The place is not inhabited;
2. Accused found there a person wounded or in danger
of dying;
3. Accused can render assistance without detriment to
himself; and
4. Accused fails to render assistance.
Art. 275. Abandonment of persons in danger and
abandonment of one’s own victim
Acts punishable:
2. Failing to help or render assistance to another

whom the offender has accidentally wounded or
injured; and
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.
Art. 276. Abandoning a minor
Elements:
1. Offender has the custody of a child;
2. The child is under seven years of age;
3. He abandons such child; and
4. He has no intent to kill the child when the latter is
abandoned.

• When the death of the minor resulted from such
abandonment; or
• If the life of the minor was in danger because of the
abandonment.
Art. 275. Abandonment of one's own victim — is
committed by anyone who shall fail to help or render
assistance to another whom he has accidentally
wounded or injured.
— is committed by any one who shall abandon a child

under seven years of age, the custody of which is
incumbent upon him.
• A higher penalty is imposed when the death of the

minor shall result from such abandonment, or when
the life of the minor shall have been in danger.
Art. 277. Abandonment of minor by person
entrusted with his custody — is committed by anyone
who, having charge of the rearing or education of a
minor, shall deliver said minor to a public institution or
other persons, without the consent of the one who
entrusted such child to his care or in the absence of the
latter, without the consent of the proper authorities.
Art. 277. Indifference of parents — is committed by

the parents who shall neglect their children by not giving
them the education which their station in life require and
financial conditions permit.
Article 276 Article 277
The custody of the The custody of the
offender is stated in offender is specific, that
general is, the custody for the
rearing or education of
the minor
The minor is under 7 The minor is under 21
years of age years of age
Minor is abandoned in The minor is delivered to
such as way as to a public institution or
deprive him of the care other person
and protection that his
tender years need
Art. 280. Exploitation of Minors
Acts punishable:
1. Causing any boy or girl under 16 years of age to
perform any dangerous feat of balancing, physical
strength or contortion, the offender being any person;
2. Employing children under 16 years of age who are
not the children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker, diver, or
wild-animal tamer, the offender being an acrobat,
etc., or circus manager or engaged in a similar
calling;
3. Employing any descendant under 12 years of age in
dangerous exhibitions enumerated in the next
preceding paragraph, the offender being engaged in
any of the said callings;
Acts punishable:
4. Delivering a child under 16 years of age gratuitously
to any person following any of the callings
enumerated in paragraph 2, or to any habitual
vagrant or beggar, the offender being an ascendant,
guardian, teacher or person entrusted in any capacity
with the care of such child; and
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 of the
callings mentioned in paragraph 2 or to accompany
any habitual vagrant or beggar, the offender being
any person.
In exploitation of minors, under Art. 280, par. 5, the
purpose of inducing minor is to abandon home is to follow
any person engaged in any of the callings of being an
acrobat, gymnast, etc. In the felony of Inducing a minor to
abandon his home under Art. 271, there is no such
purpose
In exploitation of minors, under Art. 280, par. 5, the minor
is under 16 years of age. In Inducing a minor to abandon
his home under Art. 271, the law merely states that the
minor is under 21 years of age.
See more punishable acts under R.A. No. 7610 (child
prostitution, child trafficking, child abuse, and hiring,
employing, using, persuading, inducing or coercing a
child to perform in obscene exhibitions and indecent
shows, among others.
Art. 280. Trespass to dwelling — is committed by any
private person who shall enter the dwelling of another
against the latter's will.
Elements:
1. Offender is a private person;
2. He enters the dwelling of another; and
3. Such entrance is against the latter’s will.
Art. 280. Qualified trespass to dwelling — is
committed by any private person who shall enter the
dwelling of another against the latter's will by means of
violence or intimidation
The provisions of this article shall not be applicable to:

a. any person who shall enter another's dwelling for the
purpose of preventing some serious harm to himself,
the occupants of the dwelling or a third person,
b. any person who shall enter a dwelling for the
purpose of rendering some service to humanity or
justice,
c. anyone who shall enter cafes, taverns, inn and other
public houses, while the same are open.
Art. 281. Other forms of trespass
Elements:
1. Offender enters the closed premises or the fenced
estate of another;
2. The entrance is made while either of them is
uninhabited;
3. The prohibition to enter is manifest; and
4. The trespasser has not secured the permission of the
owner or the caretaker thereof.
In the prosecution for trespass, the material fact or

circumstance to be considered is the occurrence of the
trespass. The gravamen of the crime is violation of
possession or the fact of having caused injury to the
right of the possession. (Marzalado v. People, 441 SCRA
595, 2004)
Art. 282. Grave threats
Punishable Acts:
1. Threatening another with the infliction upon his
person, honor or property or that of this family of any
wrong amounting to a crime and demanding money or
imposing any other condition, even though not unlawful,
and the offender attained his purpose;
Elements:
1. The offender threatens another person with the infliction
upon the latter’s person, honor or property, or upon that of
the latter’s family, of any wrong;
2. Such wrong amounts to a crime;
3. There is a demand for money or that any other condition is
imposed, even though not unlawful; and
4. The offender attains his purpose.
Art. 282. Grave threats
Punishable Acts:
2. Making such threat without the offender attaining

his purpose; and
3. Threatening another with the infliction upon his

person, honor or property or that of his family of any
wrong amounting to a crime, the threat not being
subject to a condition.
Art. 283. Light threats
Elements:
1. Offender makes a threat to commit a wrong;
2. The wrong does not constitute a crime;
3. There is a demand for money or that other condition
is imposed, even though not unlawful; and
4. Offender has attained his purpose or, that he has not
attained his purpose.
Light threats are committed in the same manner

as grave threats, except that the act threatened to
be committed should not be a crime.
Blackmailing may be punished under this article.
Art. 284. Bond for good behavior. — In all cases
falling within Articles 282 and 283, the person making
the threats may also be required to give bail not to
molest the person threatened, or if he shall fail to give
such bail, he shall be sentenced to destierro.
Bond for good behavior Bond to keep the peace

Applicable only to grave Not made applicable to any
threats and light threats particular case
If offender fails to give bail, he If the offender fails to give bond,
shall be sentenced to he shall be detained for a period
destierro not exceeding 6 months (if
prosecuted for grave/less grave
felony) or not exceeding 30 days
(light felony)
NOT a distinct penalty A distinct penalty
Art. 285. Other light threats
Acts punishable:
(1) Threatening another with a weapon, or by drawing

such weapon in a quarrel, unless it be in lawful self-
defense; or
(2) Orally threatening another, in the heat of anger, with
some harm constituting a crime, without persisting in the
idea involved in his threat, provided that the
circumstances of the offense does not amount to Grave
Threats; or
(3) Orally threatening to do another any harm not
constituting a felony.
Art. 286. Grave coercions
Acts punishable:
1. Preventing another, by means of violence, threats or
intimidation, from doing something not prohibited by
law; and
2. Compelling another, by means of violence, threats or
intimidation, to do something against his will, whether
it be right or wrong.
A higher penalty is imposed if the coercion is

committed for the purpose of compelling another to
perform any religious act or to prevent him from so
doing.
Art. 286. Grave coercions
Elements:
1. A person prevented another from doing something
not prohibited by law, or that he compelled him to do
something against his will; be it right or wrong;
2. The prevention or compulsion be effected by
violence, threats or intimidation; and
3. The person that restrained the will and liberty of
another had not the authority of law or the right to do
so, or in other words, that the restraint shall not be
made under authority of law or in the exercise of any
lawful right.
Art. 287. Light coercions — committed by any person
who, by means of violence, shall seize anything
belonging to his debtor for the purpose of applying the
same to the payment of the debt.
Elements:
1. Offender must be a creditor;
2. He seizes anything belonging to his debtor:
3. The seizure of the thing be accomplished by means
of violence or a display of material force producing
intimidation; and
4. The purpose of the offender is to apply the same to
the payment of the debt.
Art. 287. Unjust vexation (other light coercion,
second paragraph) — is committed by any person
who, without violence, threats or intimidation, vex,
annoys or irritate another.
• This felony includes any human conduct which,
although not productive of some physical or material
harm, would, however, unjustly annoy or vex an
innocent person. The act must cause annoyance,
irritation, vexation, torment, distress or disturbance.
• There is no violence or intimidation in unjust vexation.
• When the first and third elements of grave coercion
are present, but the second element (violence, threats
or intimidation) is absent, the crime is unjust vexation.
Art. 288. Other similar coercions
Acts punishable:
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 of commodities of any kind from him;
Elements:
1. Offender is any person, agent or officer of any association
or corporation;
2. He or such firm or corporation has employed laborers or
employees; and
3. 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.
Art. 288. Other similar coercions
Acts punishable:
2. Paying the wages due his laborer or employee by
means of tokens or object other than the legal tender
currency of the Philippines, unless expressly requested
by such laborer or employee
Elements:
1. Offender pays the wages due a laborer or employee
employed by him by means of tokens or object;
2. Those tokens or objects are other than the legal tender
currency of the Philippines;
3. Such employee or laborer does not expressly request that
he be paid by means of tokens or objects..
Art. 289. Formation, maintenance and prohibition of
combination of capital or labor through violence or
threats
Elements:
1. 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. The purpose is to organize, maintain or prevent
coalitions of capital or labor, strike of laborers or
lockout of employers.
Art. 290. Discovering secrets through seizure of
correspondence
Elements:
1. Offender is a private individual or even a public
officer not in the exercise of his official function;
2. He seizes the papers or letters of another;
3. The purpose is to discover the secrets of such
another person; and
4. Offender is informed of the contents of the papers or
letters seized.
Art. 290. Discovering secrets through seizure of
correspondence
• The provision shall not be applicable to parents,

guardians, or persons entrusted with the custody of
minors with respect to the papers or letters of the
children or minors placed under their care or study, nor
to spouses with respect to the papers or letters of
either of them.
Discovering secrets Revealing secrets
(Art. 290) (Art. 230)
Offender is a private Offender is a public officer
individual, or public officer
not in exercise of official
function
The offender SEIZES the The offender COMES TO
papers or letters KNOW of the secrets of the
private individual by reason of
his office. Not necessary that
the secrets are contained in
papers/letters
The purpose of the offender The offender reveals such

is to discover the secrets of secrets without justifiable
another, revelation to reason.
another is not an element
of the crime
Art. 291. Revealing secrets with abuse of office
Elements:
1. Offender is a manager, employee or servant;
2. He learns the secrets of his principal or master in
such capacity; and
3. He reveals such secrets.
Secrets must be learned by reason of their

employment.
The secrets must be revealed by the offender.
Prejudice/damage is not necessary under this Article.
Art. 292. Revelation of industrial secrets
• Elements:
1. Offender is a person in charge, employee or workman
of a manufacturing or industrial establishment;
2. The manufacturing or industrial establishment has a
secret of the industry which the offender has learned;
3. Offender reveals such secrets; and
4. Prejudice is caused to the owner.
Secrets must relate to manufacturing processes.

The act constituting the crime is revealing the secret of
the industry of employer.
Title Ten:
Crimes Against Property
Art. 293. Who are guilty of robbery

Elements of robbery in general:
1. There is personal property belonging to another;
2. There is unlawful taking of that property;
 “Taking” as an element of robbery, means depriving
the offended party of ownership of the thing taken
with the character of permanency.
3. The taking must be with intent to gain; and
4. There is violence against or intimidation of any
person, or force upon anything.
The person from whom the property is taken need
not be the owner. Possession of the property is
sufficient.
The unlawful taking of personal property is an
essential part of the crime of robbery. Where the
taking was lawful and the unlawful misappropriation
was subsequent to such taking, the crime is Estafa or
Malversation.
“Taking” as an element of robbery, means depriving
the offended party of ownership of the thing taken
with the character of permanency.
Intent to gain is presumed from the unlawful
taking of personal property. Absence of intent to
gain will make the taking of personal property Grave
Coercion if there is violence used.
GENERAL RULE: The violence or intimidation must
be present before the taking of personal property is
complete. It is not necessary that violence of
intimidation should be present from the very
beginning.
EXCEPTION: When the violence results in: (1)

homicide, (2) rape, (3) intentional mutilation, or (4)
any of the serious physical injuries under pars. 1 & 2
of Art. 263 – the taking of 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.
Robbery:
Accused is guilty of attempted robbery with homicide
only when he commenced the commission of robbery
directly by overt acts and did not perform all the acts of
execution which would produce robbery by reason of
some causes or accident other than his own
spontaneous desistance (People v. Barra, G.R. No.
198020, 10 July 2013).
Art. 294. Robbery with violence against or
intimidation of persons
Acts punished:
(1) When by reason or on occasion of the robbery (taking
of personal property belonging to another with intent to
gain), the crime of homicide is committed;
(2) When the robbery is accompanied by rape or
intentional mutilation or arson;
(3) When by reason of on occasion of such robbery, any
of the physical injuries resulting in insanity, imbecility,
impotency or blindness is inflicted;
(4) When by reason or on occasion of robbery, any of the
physical injuries resulting in the loss of the use of speech or
the power to hear or to smell, or the loss of an eye, a hand,
a foot, an arm, or a leg or the loss of the use of any such
member or incapacity for the work in which the injured
person is theretofore habitually engaged is inflicted;
Art. 294. Robbery with violence against or
intimidation of persons
Acts punished:
(5) If the violence or intimidation employed in the
commission of the robbery is carried to a degree unnecessary
for the commission of the crime;
(6) When in the course of its execution, the offender shall
have inflicted upon any person not responsible for the
commission of the robbery any of the physical injuries in
consequence of which the person injured becomes deformed or
loses any other member of his body or loses the sue thereof or
becomes ill or incapacitated for the performance of the work in
which he is habitually engaged for more than 90 days or the
person injured becomes ill or incapacitated for labor for more
than 30 days; and
(7) If the violence employed by the offender does not cause
any of the serious physical injuries defined in Article 263, or if
the offender employs intimidation only.
Robbery with Homicide:
• Robbery and homicide are separate offenses, when
the homicide was not committed “on the occasion” or
“by reason” of the robbery.
• Where the original design comprehends robbery, and
homicide is perpetrated by reason or on the occasion
of the consummation of the former, the crime
committed is robbery with homicide.
• There is no such crime as robbery with murder. The
treachery which attended the commission of the
crime must be considered not qualifying but merely
as a generic aggravating circumstance.
• An intent to take personal property belonging to
another with intent to gain must precede the killing.
• Treachery, although it is appreciated only in crimes
against persons is considered as a generic aggravating
circumstance to robbery with homicide although said
crime is classified as a crime against property and a
single and indivisible crime (People v. Escote, G.R. No.
140756, 4 April 2003).
• Essential for conviction of robbery with homicide is
proof of a direct relation, an intimate connection
between the robbery and the killing, whether the latter
be prior or subsequent to the former or whether both
crimes are committed at the same time. In this case, the
accused acted in concert and killed Gabuya when the
latter refused to yield his bag. Evidently, the killing was
intended to facilitate the forceful taking of the victim’s
personal property. (People v. Aminola, G.R. No.
178062, 8 September 2010)
• When a homicide takes place by reason of or on the
occasion of the robbery, all those who took part shall be
guilty of the special complex crime of robbery with
homicide, whether they actually participated in the killing,
unless there is proof that there was an endeavor to
prevent the killing. (People v. Orosco, G.R. No. 209227,
25 March 2015)
Robbery with Rape:
• 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.
• There is no such crime as robbery with attempted
rape. It must be consummated. Otherwise, they are
separate offenses.
• Robbery committed with rape is punished under RPC
Art 294 par 2, not under RPC 335 on qualified rape.
(People v. Patola)
• When rape and homicide co-exist in the commission
of robbery, the crime is robbery with homicide and
rape under par 1 of Art 294, the rape to be
considered as an aggravating circumstance only.
(People v. Fabon, 328 SCRA 302, 2000)
Robbery with Rape:
• The crime of robbery and rape should be punished as
2 separate offenses. If the original design was to
commit rape but the accused after committing rape
also committed robbery (more of an afterthought,
even accidental) because the opportunity presented
itself, the criminal act should be viewed as 2 distinct
offences. If the intention of the accused was to
commit robbery but rape was also committed even
before the robbery, the crime of robbery with rape
was committed. (People v. Dinola)
Art. 295. Robbery with physical injuries, committed in
an uninhabited place and by a band, or with the use of
firearm on a street, road or alley
Robbery with violence against or intimidation of person
is qualified if it is committed:
1. In an uninhabited place;
2. By a band;
3. By attacking a moving train, street car, motor
vehicle, or airship;
4. By entering the passengers’ compartments in a
train, or in any manner taking the passengers thereof by
surprise in the respective conveyances; or
5. On a street, road, highway or alley, and the
intimidation is made with the use of firearms, the offender
shall be punished by the maximum periods of the proper
penalties prescribed in Article 294.
Art. 296. Definition of a band and penalty incurred
by the members thereof
Requisites for liability for the acts of the 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 the band committed an
assault;
4. He did not attempt to prevent the assault.
Art. 296. Definition of a band and penalty incurred
by the members thereof
There is no crime as “robbery with homicide in band.”

The circumstance of band becomes an ordinary
aggravating circumstance to robbery with homicide.
When the robbery was not by a band and homicide
was not determined by the accused when they
plotted the crime, the one who did not participate in
the killing is liable for robbery only. It is only when
the robbery is in band that all those present in the
commission of the robbery may be punished for
any of the assaults which any of its members
might commit.
Art. 297. Attempted and frustrated robbery
committed under certain circumstances
• “Homicide” here is used in a generic sense. It
includes multiple homicides, murder, parricide,
infanticide, etc.
• The penalty is the same, whether the robbery is
attempted or frustrated.
• Art. 298. Execution of deeds by means of violence

or intimidation
Elements:
1. Offender has intent to defraud another;
2. Offender compels him to sign, execute, or deliver
any public instrument or document; and
3. The compulsion is by means of violence or
intimidation.
Art. 299. Robbery in an inhabited house or public
building or edifice devoted to worship
Elements under subdivision (a):
1. Offender entered an inhabited house, public
building or edifice devoted to religious worship;
2. The entrance was effected by any of the following
means:
a. Through an opening not intended for entrance or
egress;
b. By breaking any wall, roof or floor, or breaking any
door or window;
c. By using false keys, picklocks or similar tools; or
d. By using any fictitious name or pretending the
exercise of public authority; and
3. Once inside the building, offender took personal
property belonging to another with intent to gain.
Under subdivision (a):

• “Inhabited house” = any shelter, ship or vessel
constituting the dwelling of one or more persons even
though the inhabitants thereof are temporarily absent
therefrom when the robbery is committed.
• “Public building” = every building owned by the
governmentt or belonging to a private person but
used or rented by the government, although
temporarily unoccupied by the same.
• Any of the 4 means described in subdivision (a) must
be resorted to by the offender to enter a house or
building, not to get out.
Elements under 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; and
2. Offender takes personal property belonging to
another, with intent to gain, under any of the following
circumstances:
a. By the breaking of doors, wardrobes, chests, or any
other kind of locked or sealed furniture or receptacle; or
b. By taking such furniture or objects away to be broken
or forced open outside the place of the robbery.
Under subdivision (b):

• Entrance into the building by any of the means in
subdivision (a) is not required in robbery under
subdivision (b).
• The term “door” in par. 1, subdivision (b) refers only to
“doors, lids or opening sheets” of furniture or other
portable receptacles, and not to inside doors of house
or building.
• The weapon carried by the offender must not have been
used to intimidate a person, for the reason that once the
circumstance of intimidation enters in the commission of
the crime, it is sufficient to remove the offence from Art.
299 and place it within the purview of Art. 294.
Art. 300. Robbery in an uninhabited place and by a
band
• Robbery in an inhabited house, public building or

edifice devoted to religious worship is qualified when
committed by a band and in an uninhabited place.
The 2 qualifications must concur.
• Robbery with force upon things, in order to be

qualified, must be committed in an uninhabited place
AND by a band; while robbery with violence against
or intimidation of persons must be committed in an
uninhabited place OR by a band.
Art. 301. What is an inhabited house, public
building, or building dedicated to religious worship
and their dependencies
• 3 requisites for “dependencies”:

(1) must be contiguous to the building;
(2) must have an interior entrance connected therewith;
and
(3) must form part of the whole.
• Orchards or other lands used for cultivation or

production are not included in the term
“dependencies.”
Art. 302. Robbery in an uninhabited place or in a
private building
Elements:
1. 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. 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;
Art. 302. Robbery in an uninhabited place or in a
private building
Elements:
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; and
3. Offender took therefrom personal property

belonging to another with intent to gain.
Art. 303. Robbery of cereals, fruits, or firewood in
an uninhabited place or private building
• Penalty is one degree lower if cereals, fruits or firewood
are taken in robbery with force upon things.
• “Cereal” refers palay or other seedlings
• The palay must be kept by the owner as “seedling” or
taken for that purpose by the robbers.
Article 304. Possession of picklocks or similar

tools – Elements:
1. Offender has in his possession picklocks or similar
tools;
2. Such picklock or similar tools are especially adopted
to the commission of robbery; and
3. Offender does not have lawful cause for such
possession.
Art. 306 Brigandage
Elements of brigandage:
1. There are least four armed persons;
2. They formed a band of robbers; and
3. The purpose is any of the following:
a. To commit robbery in the highway;
b. To kidnap persons for the purpose of extortion
or to obtain ransom; or
c. To attain by means of force and violence any
other purpose.
If any of the arms carried by any of said persons be

an unlicensed firearms, it shall be presumed that said
persons are highway robbers or brigands.
R.A. No. 6539: Anti-Carnapping Act of 1972
• "Carnapping" is the taking, with intent to gain, of a 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" is any vehicle propelled by any power

other than muscular power using the public highways, but
excepting road rollers, trolley cars, street-sweepers,
sprinklers, lawn mowers, bulldozers, graders, fork-lifts,
amphibian trucks, and cranes if not used on public
highways, vehicles, which run only on rails or tracks, and
tractors, trailers and traction engines of all kinds used
exclusively for agricultural purposes. Trailers having any
number of wheels, when propelled or intended to be
propelled by attachment to a motor vehicle, shall be
classified as separate motor vehicle with no power rating.
Art. 307. Aiding and abetting a band of brigands
Elements:
1. There is a band of brigands;
2. Offender knows the band to be of brigands; and
3. Offender does any of the following acts:
a. He in any manner aids, abets or protects
such band of brigands;
b. He gives them information of the
movements of the police or other peace officers
of the government; or
c. He acquires or receives the property
taken by such brigands.
Art. 308. Who are liable for Theft
Persons liable:
1. Those who with intent to gain, but without violence
against or intimidation of persons nor force upon things,
take personal property of another without the latter’s
consent;
2. Those who having found lost property, fails to
deliver the same to the local authorities or to its owner;
3. Those who, after having maliciously damaged the
property of another, remove or make use of the fruits or
objects of the damage caused by them;
4. Those who enter an enclosed estate or a field
where trespass is forbidden or which belongs to another
and, without the consent of its owner, hunt or fish upon
the same or gather fruits, cereals or other forest or farm
products.
Elements of Theft:
1. There is taking of personal property;
2. The property taken belongs to another;
3. The taking was done with intent to gain;
4. The taking was done without the consent of the
owner;
5. The taking is accomplished without the use of
violence against or intimidation of persons of force
upon things.
• THEFT HAS BEEN CONSUMMATED from the

moment the offender had full possession of the thing,
even if he did not have an opportunity to dispose of
the same
The unlawful taking may occur at or soon after the
transfer of physical possession (not juridical
possession) of the thing to the offender. The actual
transfer of possession may not always and by itself
constitute the unlawful taking, but an act done soon
thereafter by the offender which may result in
unlawful taking or asportation.
But if the accused received the thing from another
person in trust or on commission, or for
administration, or under a quasi-contract or a contract
of bailment, and later misappropriated or converted
the thing to the prejudice of another, the crime is
ESTAFA, because the juridical possession of the
thing is transferred to the offender.
Intent to gain is presumed from the unlawful taking of
personal property belonging to another.
Art. 310. Qualified theft
Theft is qualified if:
1. Committed by a domestic servant;
2. Committed with grave abuse of confidence;
3. The property stolen is a motor vehicle, mail
matter, or large cattle;
4. The property stolen consists of coconuts taken
from the premises of a plantation;
5. The property stolen is fish taken from a fishpond
or fishery; or
6. If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident, or civil disturbance.
Art. 312. Occupation of real property or usurpation
of real rights in property
Acts punishable:
• Taking possession of any real property belonging to
another by means of violence against or intimidation
of persons;
• Usurping any real rights in property belonging to

another by means of violence against or intimidation
of persons.
Art. 312. Occupation of real property or usurpation
of real rights in property
Elements:
1. That the offender:
a. takes possession of any real property; or
b. usurps any real rights in property;
2. That the real property or real right belongs to
another;
3. That violence against or intimidation of persons is
used by the offender in occupying real property or
usurping real rights in property; and
4. That there is intent to gain.
Art. 313. Altering boundaries or landmarks — is
committed by any person who shall alter the boundary
marks or monuments of towns, provinces, or estates,
or any other marks intended to designate the
boundaries of the same.
Art. 314. Fraudulent insolvency — is committed by

any person who shall abscond with his property to the
prejudice of his creditors.
Elements:
• That the offender is a debtor;
• Obligation is due and payable;
• He absconds with his property; and
• There is prejudice to his creditors.
Art. 315. Swindling (Estafa)
Three general ways of committing Estafa:
a. with unfaithfulness or abuse of confidence;
b. by means of false pretenses or fraudulent acts; and
c. through fraudulent means
Elements of Estafa (IN GENERAL):

1. That the accused defrauded another by:
a. abuse of confidence, or
b. by means of deceit; and
2. That damage or prejudice capable of pecuniary
estimation is caused to:
a. the offended party or
b. third person.
Estafa through Abuse of Confidence

I. Art. 315, par. 1(a): Estafa with unfaithfulness by
altering the substance, quantity, or quality of anything
of value
Elements:
1. That the offender has an onerous obligation to
deliver something of value;
2. That he alters its substance, quantity, or quality; and
3. That damage or prejudice is caused by another
II. Art.315, par. 1(b): misappropriating or converting
money, goods, or other personal property OR denying
having received such money, goods, or other personal
property
Elements:
1. That money, goods, or other personal property be
received by the offender in:
a. trust (Trust Receipts Law),
b. on commission,
c. for administration, or
d. under any obligation involving duty to return the
very same thing;
II. Art. 315, par. 1(b): misappropriating or converting
money, goods, or other personal property OR denying
having received such money, goods, or other personal
property
Elements:
2. There is: (a) misappropriation or conversion of such
property by the offender OR; (b) denial of such
receipt;
3. There is prejudice to another; and
4. Demand was made by the offended to the offender
Estafa with abuse of Theft
confidence
Offender acquires the Offender acquires only
juridical possession of material possession of
the property the property
Offender receives the Offender takes the thing
thing from the offended from the offended party
party
JURIDICAL POSSESSION
A possession which gives the transferee a right
over the thing which the transferee may set up
even against the owner.
• There is an essential distinction between the possession
of a receiving teller of funds received from third persons
paid to the bank, and an agent who receives the proceeds
of sales of merchandise delivered to him in agency by his
principal. In the former case, payment by third persons to
the teller is payment to the bank itself; the teller is a mere
custodian or keeper of the funds received, and has no
independent right or title to retain or possess the same as
against the bank. An agent, on the other hand, can even
assert, as against his own principal, an independent,
autonomous, right to retain the money or goods received
in consequence of the agency. (Benabaye v. People, G.R.
No. 203466, 25 February 2015)
III. Art. 315, par. 1(c): estafa by taking undue
advantage of the signature of the offended party in
blank
Elements:
1. That the paper with the signature of the offended
party be in blank;
2. That the offended party should have delivered it to
the offender;
3. That above the signature, a document is written by
offender without authority to do so; and
III. Art. 315, par. 1(c): estafa by taking undue
advantage of the signature of the offended party in
blank
Elements:
4. That the document so written creates a liability of, or
causes damage to the offended party or any third
person
• The paper with the signature in blank MUST BE
DELIVERED by the offended party to the offender
(otherwise, crime is falsification of instrument)
• Deceit is not an element of estafa by abuse of
confidence.
The offense of estafa, in general, is committed
either by (a) abuse of confidence or (b) means of
deceit. The acts constituting estafa committed with
abuse of confidence are enumerated in item (1) of
Article 315 of the Revised Penal Code, as amended;
item (2) of Article 315 enumerates estafa committed by
means of deceit. Deceit is not an essential requisite
of estafa by abuse of confidence; the breach of
confidence takes the place of fraud or deceit,
which is a usual element in the other estafas
(Brokmann v. People, G.R. No. 199150, 6 February
2012).
Estafa by Deceit
Elements of Estafa by means of deceit:
1. There must be a false pretense, fraudulent act or
fraudulent means;
2. Such false pretense, fraudulent act or fraudulent
means must be made or executed prior to or
simultaneously with the commission of the fraud;
3. The offended party must have relied on the false
pretense, fraudulent act, or fraudulent means, that is,
he was induced to part with his money or property
because of the false pretense, fraudulent act or
fraudulent means; and
4. As a result thereof, the offended party suffered
damage.
Estafa by means of Deceit:
I. Art. 315, par 2(a):
• Three (3) ways of committing estafa under this
provision:
1. Using fictitious name;
2. Falsely pretending to possess:
a. power
b. influence
c. qualifications
d. property
e. credit
f. agency
g. business or imaginary transactions; or
3. Other similar deceits.
II. Art. 315, par. 2(b): by altering quality, fineness, or
weight of anything pertaining to his art or business
III. Art. 315, par. 2(c): pretending to have bribed any
Government employee
IV. Art. 315, pa. 2(d): postdating a check in payment of
an obligation when the offender had no funds in the
bank, or his funds were not sufficient to cover the
amount.
Elements:
1. That the offender postdated a check, or issued a
check in payment of an obligation; and
2. That such postdating or issuing was done when:
a. offender had no funds or
b. funds deposited were not sufficient
B.P. Blg. 22: An Act Penalizing the Making or Drawing
and Issuance of a Check Without Sufficient Funds or
Credit and For Other Purposes
Elements of the offense under par. 1, Sec. 1, BP 22:
1. A person makes or draws and issues any check;
2. The check is made or drawn and issued to apply on
account or for value;
3. The person who makes or draws and issues the check
knows 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; and
4. The check: (a) is subsequently dishonored by the drawee
bank for insufficiency of funds or credit; or (b) would have
been dishonored for the same reason had not the drawer,
without any valid reason, ordered the bank to stop
payment.
B.P. Blg. 22
Elements of the offense under par. 1, Sec. 1, BP 22:
1. A person has sufficient funds in or credit with the
drawee bank when he makes or draws and issues a
check;
2. He fails to keep sufficient funds or to maintain a
credit to cover the full amount of the check if
presented within a period of 90 days from the date
appearing thereon; and
3. The check is dishonored by the drawee bank.
BP 22 v. Estafa under Article 315 par 2 (d):
Unlike estafa, the element of DAMAGE is NOT

REQUIRED in BP 22.
Article 315 par. 2 (d) of estafa has DECEIT as an

element. BP 22 does NOT require such element.
Also, the mere fact of postdating or issuing a check

when the drawer had no or insufficient funds in the
bank makes someone liable under Article 315 par
2(d) of estafa. BP 22, 1st paragraph requires
knowledge of insufficient funds.
• There is no estafa through bouncing checks when it
is shown that private complainant knew that the
drawer did not have sufficient funds in the bank at the
time the check was issued to him. Such knowledge
negates the element of deceit and constitutes a
defense in estafa through bouncing checks (People
vs. Reyes, G.R. No. 154159, 31 March 2005, 454
SCRA 635).
V. Art. 315, par. 2(e): Estafa by obtaining food or
accommodation at a hotel, etc.
1. By obtaining food, refreshment, or accommodation at a
hotel, etc. without paying therefor, with intent to defraud
the proprietor or manager thereof.
2. By obtaining credit at any of said establishments by the
use of false pretenses
3. By abandoning or surreptitiously removing any part of
his baggage from any of said establishments after
obtaining credit, food, refreshment, or accommodation
therein, without paying therefor.
Estafa through Fraudulent Means:
I. Art. 315, par. 3 (a): Estafa by inducing another to
sign any document
Elements:
1. The offender induced the offended party to sign a
document;
2. Deceit be employed to make the offended party sign
the document;
3. The offended party personally signed the document;
and
4. Prejudice is caused.
Estafa through Fraudulent Means:
II. Art. 315, par. 3(b): Estafa by resorting to some
fraudulent practice to insure success in gambling.
III. Article 315, par. 3(c): Estafa by removing,

concealing, or destroying documents
• 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
3. That the offender had intent to defraud another
Art. 316. Other forms of Swindling
Paragraph 1: By conveying, selling, encumbering, or
mortgaging any real property, pretending to be the
owner of the same.
Elements:
1. That the thing be real property, such as a parcel of
land or a building
2. That the offender who is not the owner of said
property should represent that he is the owner
thereof
3. That the offender should have executed acts of
ownership (selling, leasing, encumbering, or
mortgaging the real property)
4. That the act be made to the prejudice of:
a. the owner or
b. a third person.
Paragraph 2: By disposing of real property as free
from encumbrance, although such encumbrance be not
recorded.
Elements:
1. That the thing disposed be real property
2. That the offender knew that the real property was
encumbered, whether the encumbrance be recorded
or not.
3. That there must be express representation by the
offender that the real property is free from
encumbrance
4. That the act of disposing real property be made to
the damage of another
Paragraph 3: By wrongful taking by the owner of his

personal property from its lawful possessor
Elements:
1. That the offender is owner of personal property
2. That the personal property is in the lawful possession
of another
3. That the offender wrongfully takes it from its lawful
possessor.
4. That prejudice is caused to the possessor or third
person
Paragraph 4: By executing any fictitious contract to the
prejudice of another
Elements:
• Fictitious contract is executed; and
• Damage or prejudice is caused to another.
Paragraph 5: By accepting any compensation for

services not rendered or for labor not performed
Elements:
• Compensation wrongfully received (accepting
compensation for service not rendered nor
performed); and
• Malicious failure to return the compensation
wrongfully received (fraud).
Paragraph 6: By selling, mortgaging, or encumbering

real property or properties with which the offender
guaranteed the fulfillment of his obligation as surety
Elements:
1. That the offender is a surety in a bond given in a
criminal or civil action;
2. That he guaranteed the fulfillment of such obligation
with his real property/properties;
3. That he sells, mortgages, or, in any other manner
encumbers said real property; and
Paragraph 6: By selling, mortgaging, or encumbering

real property or properties with which the offender
guaranteed the fulfillment of his obligation as surety
Elements:
4. That such sale, mortgage or encumbrance is:
a. without express authority from the court
b. made before the cancellation of his bond, or
c. made before being relieved from the obligation
contracted by him.
Art. 317. Swindling a minor
Elements:
1. The offender takes advantage of the inexperience or
emotions or feelings of a minor;
2. He induces such minor to:
a. assume an obligation,
b. to give release, or
c. to execute a transfer of any property right;
3. The consideration is:
a. some loan of money,
b. credit, or
c. other personal property; and
4. That the transaction is to the detriment of such minor.
Art. 318. Other Deceits
Par. 1. Elements:
• By defrauding or damaging another; and
• By any other deceit not mentioned in the proceeding
articles
Par. 2. Elements:
• By interpreting dreams, making forecasts, telling

fortunes, or by taking advantage of the credulity of the
public in any other similar manner;
• For profit or gain; and
• Damage to others.
P.D. No. 1689, Increasing The Penalty for Certain
Forms of Swindling or Estafa
Syndicated Estafa:
• committed by a syndicate consisting of five (5) or more
persons formed with the intention of carrying out the
unlawful or illegal act, transaction, enterprise or
scheme;
• the defraudation results in the misappropriation of
money contributed by stockholders, or members of
rural banks, cooperative, "samahang nayon(s)", or
farmers association, or of funds solicited by
corporations/associations from the general public.
• Syndicated estafa may be committed through a Ponzi scheme.
A Ponzi scheme is a type of investment fraud that involves the
payment of purported returns to existing investors from funds
contributed by new investors. Its organizers often solicit new
investors by promising to invest funds in opportunities claimed
to generate high returns with little or no risk. In many Ponzi
schemes, the perpetrators focus on attracting new money to
make promised payments to earlier-stage investors to create
the false appearance that investors are profiting from a
legitimate business. It is not an investment strategy but a
gullibility scheme, which works only as long as there is an
ever-increasing number of new investors’ joining the scheme. It
is difficult to sustain the scheme over a long period of time
because the operator needs an ever larger pool of later
investors to continue paying the promised profits to early
investors. The idea behind this type of swindle is that the "con-
man" collects his money from his second or third round of
investors and then absconds before anyone else shows up to
collect. Necessarily, Ponzi schemes only last weeks, or months
at the most. (People v. Tibayan, G.R. Nos. 209655-60, 14
January 2015)
Art. 319 Removal, sale or pledge of mortgaged
property — is committed by:
(1) any person who shall knowingly remove any personal
property mortgaged under the Chattel Mortgage Law to
any province or city other than the one in which it was
located at the time of the execution of the mortgage,
without the written consent of the mortgagee, or his
executors, administrators or assigns, or
(2) by any mortgagor who shall sell or pledge 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 hereof in the office of the
Register of Deeds of the province where such property is
located.
Art. 320, as amended by R.A. No. 7659; and
P.D. No. 1613: Amending the Law on Arson
Kinds of arson:
1. Arson, under Section 1 of Presidential Decree No.
1613;
2. Destructive arson, under Article 320 of the Revised
Penal Code, as amended by Republic Act No. 7659;
3. Other cases of arson, under Section 3 of
Presidential Decree No. 1613.
The laws on arson in force today are P.D. No. 1613 and
Article 320 of the RPC, as amended by R.A. No. 7659. The
provisions of P.D. No. 1613 that are inconsistent with R.A.
7659 (such as Section 2 on destructive arson are DEEMED
REPEALED)
Art. 320, as amended by R.A. No. 7659; and
P.D. No. 1613: Amending the Law on Arson
Article 320. Destructive Arson. — The penalty of
reclusion temporal in its maximum period to death shall
be imposed upon any person who shall burn:
1. One (1) or more buildings or edifices, consequent
to one single act of burning, or as result of
simultaneous burnings, or committed on several or
different occasions.
2. Any building of public or private ownership, devoted
to the use of the public in general, or where people
usually gather or congregate for a definite Any train
or locomotive, ship or vessel, airship or airplane,
devoted to transportation or convenience, or public
use, entertainment or leisure.
Article 320. Destructive Arson. — The penalty of
reclusion temporal in its maximum period to death shall
be imposed upon any person who shall burn:
3. Any building, factory, warehouse installation and
any appurtenances thereto, which are devoted to
the service of public utilities.
4. 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.
Section 3, P.D. No. 1613. Other Cases of Arson. —
The penalty of Reclusion Temporal to Reclusion
Perpetua shall be imposed if the property burned is any
of the following:
1. Any building used as offices of the government or
any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or
mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop,
grain field, orchard, bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or
warehouse.
Section 4, P.D. No. 1613. Special Aggravating
Circumstances in Arson. — The penalty in any case of
arson shall be imposed in its maximum period:
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; or
4. If committed by a syndicate.
The offense is committed by a syndicate if its is planned

or carried out by a group of three (3) or more persons.
• Sec. 3, par 2., P.D. No. 1613: If the property burned is
an inhabited house or dwelling, it is not required that
the house be occupied and that the offender knew it
when the house was burned.
• No complex crime of arson with homicide: P.D. No.

1613 provides that, if by reason or on occasion or
arson, death results, homicide is absorbed and the
penalty of reclusion perpetua to death is imposed.
• Sec. 7, P.D. No. 1613: Conspiracy to Commit Arson. —

Conspiracy to commit arson shall be punished by
prision mayor in its minimum period.
Art. 327. Malicious mischief
Elements:
1. That the offender deliberately caused damage to the
property of another;
2. That such act does not constitute arson or other
crimes involving destruction; and
3. That the act of damaging another's property be
committed mere for the sake of damaging it.
Art. 328. Special cases of malicious mischief — is
committed by any person who shall cause damage to
obstruct the performance of public functions, or using
any poisonous or corrosive substance; or spreading any
infection or contagion among cattle; or who cause
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.
Art. 329. Damage and obstruction to means of
communication — is committed by any person who
shall damage any railway, telegraph or telephone lines.
- He shall also be held liable for other consequences
of his criminal act.
Art. 331. Destroying or damaging statues, public

monuments or paintings — is committed by any
person who shall destroy or damage statues or any
other useful or ornamental public monument
Title Eleven: CRIMES AGAINST CHASTITY
Art. 333. Who are guilty of adultery

Elements:
1. The woman is married;
2. She has sexual intercourse with a man not her
husband; and
3. As regards the man with whom she has sexual
intercourse, he must know her to be married.
Art. 334. Concubinage
Acts punishable:
1. Keeping a mistress in the conjugal dwelling;
2. Having sexual intercourse, under scandalous
circumstances;
3. Cohabiting with her in any other place.
Art. 334. Concubinage
Elements:
1. The man is married;
2. He is either –
a. Keeping a mistress in the conjugal dwelling;
b. Having sexual intercourse under scandalous
circumstances with a woman who is not his wife;
or
c. Cohabiting with a woman who is not his wife in
any other place; and
• As regards the woman, she knows that the man is
married.
Art. 336. Acts of lasciviousness
Elements:
1. Offender commits any act of lasciviousness or
lewdness;
2. The act is committed against a person of either sex;
3. It is done under any of the following circumstances:
a. By using force or intimidation;
b. When the offended party is deprived or reason of
otherwise unconscious; or
c. By means of fraudulent machination or grave abuse
of authority;
d. When the offended party is under 12 years of age or
is demented.
Art. 337. Qualified seduction
Acts punishable:
(1) Seduction of a virgin over 12 years and under 18
years of age by certain persons, such as a person in
authority, priest, teacher;
Elements:
1. Offended party is a virgin, which is presumed if
she is unmarried and of good reputation;
2. She is over 12 and under 18 years of age;
3. Offender has sexual intercourse with her;
4. There is abuse of authority, confidence or
relationship on the part of the offender.
(2) Seduction of a sister by her brother, or descendant
by her ascendant, regardless of her age or reputation.
Art. 337. Qualified seduction
• Persons liable:
1. Those who abused their authority –
a. Person in public authority;
b. Guardian;
c. Teacher;
d. Person who, in any capacity, is entrusted with the
education or custody of the woman seduced;
2. Those who abused confidence reposed in them -
a. Priest;
b. House servant;
c. Domestic;
3. Those who abused their relationship -
a. Brother who seduced his sister;
b. Ascendant who seduced his descendant.
Art. 338. Simple seduction
Elements:
1. Offended party is over 12 and under 18 years of
age;
2. She is of good reputation, single or widow;
3. Offender has sexual intercourse with her;
4. It is committed by means of deceit.
R.A. No. 7610
Special protection of Children Against Child Abuse,
Exploitation and Discrimination Act
• SECTION 5. Child Prostitution and Other Sexual

Abuse. — 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,
are deemed to be children exploited in prostitution
and other sexual abuse.
R.A. No. 7610
Persons liable:
(a) 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 prostitute;
d. Threatening or using violence towards a child to engage
him as a prostitute; or
e. Giving monetary consideration goods or other pecuniary
benefit to a child with intent to engage such child in
prostitution.
R.A. No. 7610
Persons liable:
(b) Those who commit the act of sexual intercourse of
lascivious conduct with a child exploited in prostitution or
subject to other sexual abuse; Provided, That when the
victims is under twelve (12) years of age, the perpetrators
shall be prosecuted under Art. 335, par. 3, for rape and
Art. 336 of Act No. 3815, as amended, the RPC, for rape
or lascivious conduct, as the case may be: Provided, That
the penalty for lascivious conduct when the victim is
under twelve (12) years of age shall be reclusion temporal
in its medium period; and
(c) Those who derive profit or advantage therefrom,
whether as manager or owner of the establishment where
the prostitution takes place
Art. 342. Forcible abduction
Elements:
1. The person abducted is any woman, regardless or
her age, civil status, or reputation;
2. The abduction is against her will;
3. The abduction is with lewd designs.
• Abduction – the taking away of a woman from her

house or the place where she may be for the purpose
of carrying her to another place with intent to marry or
corrupt her
Art. 343. Consented abduction
• Consented abduction is committed by any person

who shall abduct a virgin over twelve years and under
eighteen (18) years of age, carried out with her
consent and with lewd designs.
- The ascendants, guardians, curators, teachers and
any person who, by abuse of authority or confidential
relationships, shall cooperate as accomplices in the
perpetration of the crimes of acts of lasciviousness,
seduction, corruption of minors, white slave trade
and abduction shall be punished as principals.
Art. 344. Prosecution of the crimes of adultery,
concubinage, seduction, abduction, rape and acts of
lasciviousness.
• Who may file complaint:

1. For adultery and concubinage – must be prosecuted
upon complaint signed by the offended person
2. For seduction, abduction or acts of lasciviousness –
must be prosecuted upon complaint signed by
a. the offended party
b. her parents
c. her grandparents or
d. guardians, in the order in which they are named
above.
Title Twelve:
CRIMES AGAINST THE CIVIL STATUS OF
PERSONS
• Art. 347. Simulation of births, substitution of one
child for another, and concealment or
abandonment of a legitimate child — is a felony
committed by any person who shall simulate the birth
or substitute one child for another, who shall conceal
or abandon any legitimate child with intent to cause
such child to lose its civil status.
• - It is also committed by any physician or surgeon or
public officer who, in violation of the duties of his
profession or office, shall cooperate in the execution
of any of the crimes mentioned.
Art. 347. Simulation of Births, etc.
Acts punishable:
• Simulation of births;
• Substitution of one child for another;
• Concealing or abandoning any legitimate child with
intent to cause such child to lose its civil status.
Elements:
• the child must be legitimate;
• the offender conceals or abandons such child; and
• the offender has the intent to cause such child to lose
its civil status.
.
Art. 348. Usurpation of civil status — is committed by
any person who shall usurp the civil status of another
A higher penalty is imposed should he do so for the

purpose of defrauding the offended party or his heirs
The term ‘civil status’ includes one’s public station, or
the rights, duties, capacities and incapacities which
determine a person to a given class.
There must be intent to enjoy the rights arising from
the civil status of another, otherwise the case will be
considered only as using a fictitious name, or as
estafa, depending on the facts of the case
Art. 349. Bigamy
• Elements:
1. Offender has been legally married;
2. The marriage has not been legally dissolved or, in
case his or her spouse is absent, the absent spouse
could not yet be presumed dead by means of a
judgment rendered in a proper proceedings,
according to the Civil Code;
3. He contracts a second or subsequent marriage;
4. The second or subsequent marriage has all the
essential requisites for validity.
The accused may still be charged with the crime of
bigamy, even if there is a subsequent declaration of
the nullity of the second marriage, so long as the first
marriage was still subsisting when the second marriage
was celebrated (Capili v. People, G.R. No. 183805, 3 July
2013).
What makes a person criminally liable for bigamy is when

he contracts a second or subsequent marriage during the
subsistence of a valid first marriage. Parties to the
marriage should not be permitted to judge for themselves
its nullity, for the same must be submitted to the judgment
of competent courts and only when the nullity of the
marriage is so declared can it be held as void, and so
long as there is no such declaration the presumption is
that the marriage exists (Capili v. People, G.R. No.
183805, 3 July 2013).
The State’s penal laws on bigamy should not be rendered
nugatory by allowing individuals “to deliberately ensure
that each marital contract be flawed in some manner, and
to thus escape the consequences of contracting multiple
marriages, while beguiling throngs of hapless women with
the promise of futurity and commitment.” Here, accused
falsified their Certificate of Marriage by misrepresenting
that they were exempted from the license requirement
based on their fabricated claim that they had already
cohabited as husband and wife for at least five (5) years
prior their marriage. Thus, the second marriage is void.
However, they cannot be allowed to use this illegal act to
escape criminal conviction. No court will “lend its aid to one
who has consciously and voluntarily become a party to an
illegal act upon which the cause of action is founded.
(Santiago v. People, G.R. No. 20023, 15 July 2015)
Art. 350. Marriage contracted against provisions of
laws — is committed by any person who, without being
included in the provisions of the next proceeding article,
shall contract marriage knowing that the requirements of
the law have not been complied with or that the marriage
is in disregard of a legal impediment.
Art. 351 Premature marriages — is committed by any

widow who shall marry within three hundred and one day
from the date of the death of her husband, or before
having delivered if she shall have been pregnant at the
time of his death.
• - It is also committed any woman whose marriage have
been annulled or dissolved, if she shall marry before
her delivery or before the expiration of the period of
three hundred and one day after the legal separation.
Art. 352. Performance of illegal marriage ceremony —
is committed by any priest or minister of any religious
denomination or sect, or civil authorities who shall
perform or authorize any illegal marriage ceremony shall
be punished in accordance with the provisions of the
Marriage Law.
Title Thirteen:
CRIMES AGAINST HONOR
• Art. 353. Definition of Libel
A libel is a public and malicious imputation of a crime,
or of a vice or defect, real or imaginary, or any act,
omission, condition, status, or circumstances tending
to cause the dishonor, discredit, or contempt of a
natural or juridical person, or to blacken the memory
of one who is dead.
• Art. 353. Libel
• Elements:
1. There must be an imputation of a crime, or of a
vice or defect, real or imaginary, or any act,
omission, condition, status, or circumstance;
2. The imputation must be made publicly;
3. It must be malicious;
4. The imputation must be directed at a natural or
juridical person, or one who is dead; and
5. The imputation must tend to cause the dishonor,
discredit or contempt of the person defamed.
Art. 354. Requirement for Publicity
Every defamatory imputation is presumed to be

malicious, even if it be true, if no good intention and
justiable motive for making it is shown, except in the
following cases:
1. A private communication made by any person to
another in the performance of any legal, moral, or
social duty;
2. A fair and true report, made in good faith, without
any comments or remarks, of any judicial, legislative,
or other 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.
• In libel cases, the question is not what the writer of
the libelous material means, but what the words used
by him mean (Figueroa vs. People, G.R. No. 159813,
09 August 2006).
• Publication, in the law of libel, means the making of

the defamatory matter, after it has been written,
known to someone other than the person to whom it
has been written. If the statement is sent straight to a
person for whom it is written there is no publication of
it (Magno vs. People, G.R. No. 133896, 27 January
2006, 480 SCRA 276).
• Malice is a term used to indicate the fact that the
offender is prompted by personal ill-will or spite and
speaks not in response to duty, but merely to injure
the reputation of the person defamed; it implies an
intention to do ulterior and unjustifiable harm. It is
present when it is shown that the author of the
libelous remarks made such remarks with knowledge
that it was false or with reckless disregard as to the
truth or falsity thereof (Brillante vs. Court of Appeals,
G.R. Nos. 118757 and 121571, 19 October 2004,
440 SCRA 541).
Article 355. Libel by Means of Writings or Similar
Means
The felony of libel may be committed by the following

means:
1. Writing; 9. Cinematographic
2. Printing; exhibition; or
3. Lithography; 10. Any similar means.
4. Engraving;
5. Radio;
6. Photograph;
7. Painting;
8. Theatrical exhibition;
Art. 360. Persons responsible for libel
The persons responsible for libel are:

1. The person who publishes, exhibits or causes the
publication or exhibition of any defamation in writing
or similar means;
2. The author or editor of a book or pamphlet;
3. The editor or business manager of a daily
newspaper magazine or serial publication;
4. The owner of a printing plant which publishes a
libelous article with his consent and all other persons
who in any way participate in or have connection
with its publication.
Art. 358. Slander
• Slander is oral defamation.
There are Two kinds of oral defamation:
1. Simple slander; and
2. Grave slander, when it is of a serious and insulting
nature.
Factors that determine the gravity of oral defamation:

a. expressions used;
b. personal relations of the accused and the offended
party; and
c. circumstances surrounding the case.
Art. 359. Slander by Deed
Elements
1. Offender performs any act not included in any other
crime against honor;
2. Such act is performed in the presence of other person
or persons; and
3. Such act casts dishonor, discredit or contempt upon the
offended party.
• Slander by deed refers to performance of an act, not
use of words.
Two kinds of slander by deed

1. Simple slander by deed; and
2. Grave slander by deed, that is, which is of a serious
nature.
Article 364. Intriguing against Honor
Incriminating an innocent person Intriguing against Honor
Offender performs an act by which he Offender resorts to an intrigue for the
directly incriminates or imputes to an purpose of blemishing the honor or
innocent person the commission of a reputation of another person
crime
Defamation Intriguing against Honor
Done by availing directly of spoken Committed by means which consists
words of some tricky and secret plot
ex., gossiping
Slander Intriguing against Honor

The source of the info can be The source or the author of the
pinpointed and the defendant, derogatory info cannot be determined
adopting as his own the information and the defendant borrows the same,
he has obtained, passes the same to and without subscribing to the truth
another for the purpose of causing thereof, passes it to others
dishonor to complainant’s reputation
Art. 365. Imprudence and negligence
Quasi-offenses punished:
• 1. Committing through reckless imprudence any act
which, had it been intentional, would constitute a
grave or less grave felony or light felony;
• 2. Committing through simple imprudence or
negligence an act which would otherwise constitute a
grave or a less serious felony;
• 3. Causing damage to the property of another
through reckless imprudence or simple imprudence
or negligence;
• 4. Causing through simple imprudence or
negligence some wrong which, if done maliciously,
would have constituted a light felony.
Elements of reckless imprudence:
1. that the offender does or fails to do an act;
2. that the doing of or the failure to do that act is
voluntary;
3. that it be without malice;
4. that material damage results; and
5. that there is inexcusable lack of precaution on the
part of the offender, taking into consideration –
a. his employment or occupation
b. degree of intelligence, physical condition, and
c. other circumstances regarding persons, time and
place.
Elements of simple imprudence:
1. that there is lack of precaution on the part of the
offender
2. that the damage impending to be caused is not
immediate or the danger is not clearly manifest.
TEST OF NEGLIGENCE: would a prudent man, in the

position of the person to whom negligence is
attributed, foresee harm to the person injured as a
reasonable consequence of the course about to be
pursued? If so, the law imposes a duty on the actor to
refrain from that course or to take precaution against
its mischievous results, and the failure to do so
constitutes negligence.
Article 365 was crafted as one quasi-crime
resulting in one or more consequences. Hence,
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 (Jason Ivler v.
Hon. Judge Maria Modesto-San Pedro, G.R. No.
172716, 17 November 2010).
Violation of Article 365 of the RPC cannot
absorb violation of special laws. A mala in se
felony (such as Reckless Imprudence Resulting in
Damage to Property) cannot absorb mala prohibita
crimes (such as those violating PD 1067, PD 984,
and RA 7942). What makes the former a felony is
criminal intent (dolo) or negligence (culpa); what
makes the latter crimes are the special laws
enacting them (Loney vs. People, G.R. No. 152644,
10 February 2006, 482 SCRA 194).
Thank You! 

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CRIMINAL LAW

Atty. Ramon S. Esguerra

Section One. Treason and espionage

Treason cannot be committed in time of peace.

The change in government from commonwealth does

• Note: The two-witness rule does not apply to

• The felony of Misprision of Treason will not apply

• The offender in misprision is punished “as an

• Espionage is committed in two ways:

• Note: It is not necessary that information be actually

• Espionage is committed in two ways:

• Article 118. Inciting to war or giving motives for

- If the offender intended to aid the enemy by giving

• “Correspondence” means communications by means

Circumstances qualifying the offense:

• These acts amount to treason. Hence, the penalty is

• Mere attempt to flee or go to enemy country

D. There is intent to gain.

• Mutiny on the high seas – is a felony committed by

1. Attacking or seizing any vessel while the vessel is

2. Seizing or taking away the whole or part of the vessel

3. Knowingly aiding or protecting pirates, such as giving

• Philippine Waters shall refer to all bodies of water,

RPC P.D. 532

Section One. Arbitrary detention and expulsion

Meaning of absence of legal ground:

• The law does not fix a minimum period of detention. In

a. twelve (12) hours, for crimes or offenses

b. eighteen (18) hours, for crimes or offenses punishable

c. thirty-six (36) hours, for crimes, or offenses punishable

Elements (as amended by E.O. No. 272)

1. Offender is a public officer or employee;

• If the offender is a private person, the crime is Illegal

• Under Art. 125, the public officer has detained the

• “Delivery to the proper judicial authorities” doesn’t consist

• “Proper judicial authorities” means the courts of justice or

• In Villavicencio v. Lukban (G.R. No. L-14639, 25 March

Circumstances qualifying the offense:

1. Procuring a search warrant without just cause;

2. Exceeding his authority or by using unnecessary

Violation of Domicile Searching Domicile

• Art. 130 does NOT apply to searches of vehicles or

Section Four. Crimes against religious worship

(1) prohibit or interrupt the holding of a peaceful meeting,

(2) hinder any person from joining any lawful association

(3) prohibit or hinder any person from addressing, either

• Only a public officer or employee can commit this

• But the offender must be a stranger, not a participant,

• The felony becomes Qualified (higher penalty is

• There must be deliberate intent to hurt the feelings of

Art. 134 Rebellion or insurrection –

Always involves taking up May be committed by mere

Persons liable for rebellion, insurrection or coup d' etat:

1. Any person who promotes, maintains or heads a

2. Any person who leads, directs or commands others to

Persons liable for rebellion, insurrection or coup d' etat:

3. Purpose is to attain any of the following objectives:

d. To commit, for any political or social end, any act of

3. Uttering seditious words or speeches which tend to

4. Writing, publishing, or circulating scurrilous libels

1. They tend to disturb or obstruct any lawful officer in

(1) disturbs the meetings of the Congress of the

(2) in the presence of any such bodies should behave