1.

by levying war against the government

CRIMINAL LAW II 2. by adhering to the enemies of the Philippines,

giving them aid or comfort.
ARTICLE 114 – TREASON
*levies war requires the concurrence of two
*Elements:
things (1) that there be an actual assembling of
1. That the offender is a Filipino citizen or an men (2) for the purpose of executing a
alien residing in the Philippines. treasonable design by force.

2. That there is a war in which the Philippines is *there must be an actual assembling of men –
involved. the actual enlisting of men to serve against the
government does not amount to levying war,
3. That the offender either – because there is no actual assembling of men.
a. levies war against the government *in treason by levying war, it is not necessary
b. adheres to the enemies, giving them aid or that there be a formal declaration of the
comfort existence of a state of war.

*Treason – breach of allegiance to a *the levying of war must be with intent to

government by a person who owes allegiance overthrow the government as such, not merely
to it. to resist a particular statute or repel a particular
officer.
(the nature of the crime is the violation by a
subject of his allegiance to his sovereign) *the levying of war must be in collaboration
with a foreign enemy. (If not, the crime is
*allegiance – the obligation of fidelity and rebellion)
obedience which the individual owe to the
government under which they live or to their *adhering to enemy requirement in committing
sovereign, in return for the protection they treason – (1) adherence and (2) giving aid and
receive comfort to the enemy must concur together.

*Two kinds of allegiance – *adherence to enemy – means intent to betray

1. Permanent – allegiance is owed by the alien *aid and comfort – act which strengthens or
to his own country tends to strengthen the enemy in the conduct
of war against the traitors country and an act
2. Temporary – allegiance to the country where which weakens or tends to weaken the power
he resides of the traitors country to resist or to attack the
*treason cannot be committed in time of enemy.
peace (there must be war wherein the *giving information to, or commanding
Philippines is involved) foodstuffs for, the enemy is evidence of both
While there is peace, there are no traitors. It is adherence and aid or comfort.
punished by the state as a measure of self- *it is not the degree of success, but rather the
defense and self-preservation. aim for which the act was perpetrated, that
*Modes or ways of committing treason – determines the commission of treason.
*commandeering of women to satisfy the lust 2. Sovereignty of the government is not
of the enemy is not treason. transferred to the enemy by mere occupation 3.
The subsistence of the sovereignty of the
*no treason through negligence
legitimate government in a territory occupied
*no complex crime of treason with murder, by the military forces of the enemy during war
physical injuries, etc. because they are inherent is one of the rules of international law
in the crime of treason.
4. What is suspended is the exercise of the
*ways of proving treason – rights of sovereignty (Laurel vs. Misa)

1. Testimony of two witnesses, at least, to the *Defense of obedience to de facto government

same overt act is allowed (Go Kim Cham vs. Valdez)

2. Confession of the accused in open court *defense of duress or uncontrollable fear or

immediate death is allowed
*two witness rule – required to prove the overt
act of giving aid or comfort – not necessary to ARTICLE 115 – CONSPIRACY AND PROPOSAL
prove adherence
TO COMMIT TREASON
Overt act – physical activity, that deed that
*Conspiracy to commit treason – when in time
constitute the rendering of aid and comfort
of war, two or more person come to an
(requires that the accused be afforded a special agreement to levy war against the government
protection not required in other cases so as to or to adhere to the enemies and give aid or
avoid a miscarriage of justice) comfort, and decide to commit it.

*adherence may be proved – (cause state of *proposal to commit treason – committed

mind of the offender) when in time of war a person who has decided
to levy war against the government or to
-by one witness adhere to the enemies and give them aid or
-from the nature of the act comfort, proposes its execution to some other
person or persons.
-from the circumstances surrounding the act
*General rule – conspiracy and proposal is not
*aggravating circumstances in treason – punishable. *Exception – treason – the very
-cruelty existence of the state is endangered.

-ignominy *two-witness rule does not apply in conspiracy

or proposal to commit treason because it is a
(Evident premeditation is not aggravating in separate and distinct offence from that of
treason; superior strength and treachery are treason.
inherent)
ARTICLE 116 – MISPRISION OF TREASON
*Defense of suspended allegiance and change
of sovereignty, not accepted because; *Elements:

1. A citizen owes an absolute and permanent 1. That the offender must be owing allegiance
allegiance to his government to the government, and not a foreigner.
 2. That he has knowledge of any conspiracy to therefor. c. That his purpose is to obtain
commit treason against the government. information, plans, photo or other data of a
confidential nature relative to the defense of
3. That he conceal or does not disclose to the
the Philippines.
governor or fiscal of the province or the mayor
or fiscal of the city in which he resides. 2. By disclosing to the representatives of a
foreign nation the contents of the articles,
*116 do not apply when the crime of treason is
data or information referred to in paragraph 1
already committed by someone and accused
of article 117, which he had in his possession
does not report its commission to the proper
by reason of the public office he holds.
authority.
Elements:
*the offender in misprision of treason is
punished as accessory to treason – penalty is a. That the offender is a public officer.
two degrees lower than that of treason.
b. That he has in his possession the articles,
*the offender, however, a principal in the crime data or information, by reason of the public
of misprision of treason – Art. 20 does not apply office he holds.
even if the offender is related to the persons in
c. That he discloses their contents to a
conspiracy against the government – Art. 20
representative of a foreign nation.
applies only to accessory.
*other acts of espionage are punished by Com.
*Art116 is an exception to the rule that mere
silence does not make a person criminally liable. Act No. 616…

*to be liable to the first kind of espionage, the

ARTICLE 117 – ESPIONAGE offender must have the intention to obtain
*Espionage – offense of gathering, transmitting, information relative to the defense of the
or losing information respecting the national Philippines.
defense with intent or reason to believe that (Not necessary that the information, etc.. is
the information is to be used to the injury of the obtained. It is sufficient that he has the purpose
Republic of the Philippines or to the advantage to obtain any of them when he entered a
of any foreign nation. warship, fort or naval or military
*Two ways of committing espionage under establishment.)
article 117: *Persons liable –
1. By entering, without authority therefor, a 1st espionage – any person, whether a civilian
warship, fort or naval or military or a foreigner, a private individual or a public
establishment or reservation to obtain any officer.
information, plans, photographs, or other data
of a confidential nature relative to the defense 2nd espionage – offender must be a public
of the Philippines. officer who has in his possession the article,
data or information by reason of the public
Elements: office he holds.
a. That the offender enters any places *Espionage vs. Treason
mentioned therein. b. That he has no authority
- Espionage is a crime not conditioned by the
citizenship of the offender.
ARTICLE 120 – CORRESPONDENCE WITH
- Treason is committed only in time of war,
HOSTILE COUNTRY
while espionage may be committed both in
time of peace and in time of war. *Elements:
- Treason is limited in two ways of committing 1. That it is in time of war in which the
the crime: levying war and adhering to the Philippines is involved.
enemy by giving aid or comfort to the enemy,
while espionage may be committed in many 2. That the offender makes correspondence
ways (com act 616) with an enemy country or territory occupied by
the enemy troops.
ARTICLE 118 – INCITING TO WAR OR GIVING
3. That the correspondence is either:
MOTIVES FOR REPRISALS
a. prohibited by the government
*Elements:
b. carried on in ciphers or conventional signs.
1. That the offender performs unlawful or
unauthorized act. c. containing notice or information which
might be useful to the enemy.
2. Such acts provoke or give occasion for a war
involving or liable to involve the Philippines or *Correspondence – communication by means of
expose Filipino citizens to reprisals on their letter; or it may refer to the letters which pass
persons or property. between those who have friendly or business
relations.
*Intention of the offender is immaterial
*even if correspondence contains innocent
*committed in time of peace matters, if the correspondence has been
prohibited by the government, it is punishable.
ARTICLE 119 – VIOLATION OF NEUTRALITY
*circumstances qualifying the offense –a. that
*Elements:
the notice or information might be useful to the
1. That there is a war in which the Philippines is enemy.
not involved.
b. that the offender intended to aid the enemy
2. That there is a regulation issued by by giving such notice or information, the crime
competent authority for the purpose of amounts to treason; hence, the penalty is the
enforcing neutrality. same as that for treason.

3. That the offender violates such regulation. ARTICLE 121 – FLIGHT TO ENEMY’S COUNTRY

*Neutrality – nation or power which takes no *Elements:

part in a contest of arms going on between
1. That there is a war in which the Philippines
others.
is involved.
*violation of such regulation issued by
2. That the offender must be owing allegiance
competent authority constitutes the crime.
to the government. ( either alien of filipino)
3. That the offender attempts to flee or go to *Piracy – it is robbery or forcible depredation
the enemy country. on the high seas, without lawful authority and
done with animo furandi, and in the spirit and
4. That going to the enemy country is punished
intention of universal hostility. ( People vs. Lol-
by competent authority.
lo, et al)
*an alien resident maybe guilty of flight to
*Mutiny – unlawful resistance to a superior
enemy country – the allegiance contemplated in
officer, or the raising of commotions and
this article is either natural or temporary
disturbances on board a ship against the
allegiance.
authority of its commander.
*mere attempt to flee or go to enemy country
*Piracy vs. Mutiny
consummates the crime.
-In Piracy the person who attack a vessel or
*must be prohibited by the government, for
seize its cargo are stranger to said vessel. - In
the crime to be committed.
Mutiny, they are members of the crew or
ARTICLE 122 – PIRACY IN GENERAL AND passengers.

MUTINY ON HIGH SEAS OR IN PHILIPPINE - In Piracy the intent to gain is essential

WATERS - In mutiny, the offenders may only intend to

ignore the ship’s officers or they may be
*Two ways or modes of committing piracy: prompted by a desire to commit plunder.
1. By attacking or seizing a vessel on the high *Piracy and Mutiny may be considered as
seas or in Philippine waters; terrorism --- Thereby sowing and creating a
2. By seizing in the vessel while on high seas or condition of widespread and extraordinary fear
in the Philippine waters the whole or part of its and panic to give in to an unlawful demand shall
cargo, its equipment or personal belongings of be guilty of crime of terrorism.
its competent or passengers. *PIRACY UNDER PD 532
*Elements of Piracy (RPC) *Any attack upon or seizure of any vessel, or the
1. That a vessel is on the high seas or in the talking away of whole or part thereof or its
Philippine waters; cargo, equipment… committed by any person
including passenger or member of the
2. That the offenders are not member of its complement of said vessel, in Philippine waters.
complement or passengers of the vessel; 3. That
the offenders (a) attack or seize that vessel, or ARTICLE 123 – QUALIFIED PIRACY
(b) seize the whole or part of the cargo of said *Piracy or Mutiny is, therefore qualified if any of
vessel, its equipment or personal belongings of the following circumstances is present:
its complement or passengers.
1. Whenever the offender have seized the
*high seas – parts of the seas that are not vessel by boarding or firing upon the same;
included in the exclusive economic zone, in the
territorial seas, or in the internal waters of a 2. Whenever the pirates have abandoned their
state, or in the archipelagic waters of an victim without means of saving themselves; or
archipelagic state. 3. Whenever the crime is accompanied by
murder, homicide, physical injuries or rape.
*vessel – any vessel or watercraft used for government to give in to an unlawful demand
transport of passengers and cargo from one shall be guilty of the crime of terrorism.)
place to another through Philippine waters. It
*The acquittal of the accused or the dismissal of
shall include all types of vessels or boats used in
the case shall be a bar to another prosecution
fishing.
for any offense or felony which is necessarily
*any person who aids or protects pirates or included in the offense charged under this act.
abets the commission of piracy shall be
ARTICLE 124 – ARBITRARY DETENTION
considered as an accomplice.
*Elements:
ANTI-HIJACKING LAW
1. That the offender is a public officer or
RA6235
employee.
*Sec. 1 – it shall be unlawful for any person to
2. That he detains a person.
compel a change in the course or destination of
an aircraft of Philippine registry, or to seize or 3. That the detention is without legal grounds.
usurp the control thereof, while it is in flight.
(An aircraft is in flight from the moment all its *such public officers are: (those vested with the
external doors are closed following power to detain.)
embarkation until any of such doors is opened - Policemen, and other agents of the law
for disembarkation.)
- Judges or Mayors
*it shall be likewise be unlawful for any person
to compel an aircraft of foreign registry to land - Barangay captain and municipal councilors
in Philippine territory or to seize or usurp the *If detention is perpetrated by other public
control thereof while it is within the said officer, the crime committed may be illegal
territory. detention, because they are acting in their
HUMAN SECURITY ACT OF 2007 private capacity.

RA9372 *Private individuals who conspired with public

officers in detaining are guilty of arbitrary
*Acts punishable as terrorism detention.
- Piracy and Mutiny *Detention – actual confinement of person in
- Rebellion or Insurrection an enclosure, or in any manner detaining and
depriving him of his liberty.
- Coup d’ etat
*A person is detained when he is placed in
- Murder confinement or there is a restraint on his
person.
- Kidnapping and serious illegal detention
*Detention is without legal grounds:
- Crimes involving destruction
1. When he has not committed any crime or, at
(Thereby sowing and creating a condition of
least there is no reasonable ground for
widespread and extraordinary fear and panic
suspicion that he has committed a crime.
among the populace, in order to coerce the
2. When he is not suffering from violent insanity *Arbitrary detention may be committed thru
or any other ailment requiring compulsory imprudence
confinement in a hospital.
*Periods of detention penalized –
*Legal grounds for detention of any person:
-not exceed 3 days – AM in max to PC min
1. Commission of a crime
-more than 3 days but not more than 15 days –
2. Violent insanity or any ailment requiring the PC med to max
compulsory confinement of the patient in a
-more than 15 days but not more than 6 months
hospital.
– PMayor
*A peace officer must have a warrant of arrest
-if detention exceeded 6 months – RT
properly issued by the court in order to justify
an arrest. If there is no warrant of arrest, the RA 9745 ANTI-TORTURE ACT OF 2009
arrest of a person by a public officer may
constitute arbitrary detention. *Torture – an act by which severe pain or
suffering whether physical or mental is
*Lawful warrantless arrest: intentionally afflicted with purposes:
1. When, in his presence, the person to be 1. Getting information or confession
arrested has committed, is actually committing,
or is attempting to commit an offense. 2. Punishment for an act

2. When an offense has in fact just been 3. Intimidation or coercion for any reason based
committed, and he has probable cause to on discrimination
believe based on personal knowledge of facts *Persons liable:
and circumstances that the person to be
arrested has committed it. - Torturer

3. When the person to be arrested is a prisoner - Cooperated

who has escaped from a penal establishment. - Any superior who ordered
*In his presence – sees the offense committed - Immediate commanding officer of the unit
or hears the disturbance created thereby.
*Punishable acts of torture:
*Personal knowledge – based upon probable
cause, an actual belief or reasonable grounds of 1. Physical – form of treatment or punishment
suspicion. inflicted by a person in authority upon a person.
2. Mental – affects or confuse the mind and/or
*Probable cause – facts and circumstances undermine the person’s dignity.
which could lead a reasonable discreet and
prudent man to believe that an offense has ARTICLE 125 – DELAY IN THE DELIVERY OF
been committed and that the object sought in
DETAINED PERSONS TO THE PROPER JUDICIAL
connection with the offense are in the place
sought to be searched. AUTHORITIES.

(It must be within the personal knowledge of *Elements:

the complainant or the witnesses he may
produce and not based on mere hearsay.)
1. That the offender is a public officer or *Detained person should be released when a
employee. judge is not available – up to maximum hours of
detention.
2. That he has detained a person for some legal
grounds. *Waiver of article 125 – asks for preliminary
investigation and must sign a waiver in front of
3. That he fails to deliver such person to the
his counsel.
proper judicial authorities within:
*Violation of article 125 does not affect the
a. 12 hours – when offense is punishable by
legality of confinement under process issued by
light penalties.
a court.
b. 18 hours – when offense is punishable by
ARTICLE 126 – DELAYING RELEASE
correctional penalties.
*Elements:
c. 36 hours – when offense is punishable by
afflictive or capital penalties. (OR THEIR 1. That the offender is a public officer or
EQUIVALENT) employee.

*if the offender is a private person, the crime is 2. That there is a judicial order or executive
illegal detention. order for the release of the prisoner or
detainee or that there is a proceeding upon a
*if the detention of a person is not for some
petition for the liberation of such person.
legal ground, it will be a case under article 124
not 125. 3. That the offender without good reason
delays:
*Art. 125 applies only when the arrest is made
without warrant of arrest. But the arrest must a. Service of the notice of such order to the
be lawful. prisoner.

*if with warrant of arrest, the person arrested b. The performance of such judicial or
can be detained indefinitely until his case is executive order for the release of the prisoner.
decided by the court or he posts a bail for
b. The proceedings upon a petition for the
temporary release.
release of such person.
*What constitutes a violation of article 125 is
ARTICLE 127 – EXPULSION
the failure to deliver the person arrested to the
proper judicial authority within the period *Elements:
specified therein.
1. That the offender is a public officer or
*Duty of detaining officer is deemed complied employee.
with upon the filing of the complainant with the
judicial authority. 2. That he expels any person from the
Philippines, or compels a person to change his
*Proper judicial authorities – courts of justice residence.
or judges of said court with judicial power to
order the temporary detention of an accused. 3. That the offender is not authorized to do so
by law.

*Acts punishable under article 127:

1. Expelling a person from the Philippines. 4. Warrant must particularly describe the place
to be searched or person and things to be
2. Compelling a person to change his residence.
seized.
*Only courts by a final judgment can order a
person to change his residence.
ARTICLE 129 – SEARCH WARRANT
ARTICLE 128 – VIOLATION OF DOMICILE
MALICIOUSLY OBTAINED AND ABUSE IN THE
*Acts punishable:
SERVICE OF THOSE LEGALLY OBTAINED.
1. By entering any dwelling against the will of
the owner thereof. *Acts punishable:

2. By searching papers or other effects found 1. By procuring a search warrant without just
without the previous consent of such owner. 3. cause.
By refusing to leave the premises, after having
2. By exceeding his authority or by using
surreptitiously entered said dwelling and after
unnecessary severity in executing a search
having been required to leave the same.
warrant legally procured.
*If the offender who enters the dwelling
*Elements of procuring a search warrant
against the will of the owner thereof is a
without just cause:
private individual, the crime committed is
trespass to dwelling. 1. That the offender is a public officer or
employee.
*Authorized only when there is a valid search
warrant. 2. That he procures a search warrant.
*A peace officer without search warrant 3. That there is no just cause.
cannot lawfully enter the dwelling against the
will of the owner, even if he knew that *Personal property to be seized:
someone in the dwelling is having unlawful 1. Subject of the offense
possession of drug/opium.
2. Stolen or embezzled and other proceeds or
*When a peace officer secured the previous fruits of the offense
consent of the owner of the house to the search
without warrant they are not liable – impliedly 3. Used or intended to be used as the means of
waived. committing an offense.

*Requisites for issuing search warrant: *Search warrant shall not be issued except
upon probable cause in connection with one
1. Issued upon probable cause specific offense to be determined personally by
2. Probable cause must be determined by the the judge after examination under oath of the
judge himself complainant…

3. In determination, judge must examine under *Right to break door or window to effect
oath or affirmation of the complainant and such search – if refuse admittance to the place of
witness he produces directed search after giving notice of his
purpose and authority.
*Search must be made in presence of two 3. That he searches the domicile, paper or
witnesses. other belonging of any person.

*Validity of search warrant – 10 days from its 4. That the owner or any members of his
date. family, or two witnesses residing in the same
locality are not present.
*Evidence obtained in violation of these are
not admissible as evidence in court. Section 2

*Valid warrantless search: ARTICLE 131 – PROHIBITION, INTERRUPTION,

AND DISSOLUTION OF PEACEFUL MEETINGS.
1. Plain view search
*Acts punished:
2. Moving vehicle search
1. Prohibiting or by interrupting, without legal
3. Sear
ground, the holding of a peaceful meeting or
4. Waived or consented search by dissolving the same.

5. Customs search 2. By hindering any person from joining any

lawful association or from attending any of its
6. Stop and frisk meetings.
7. 3. By prohibiting or hindering any person from
*Elements of exceeding authority or using addressing, either alone or together with
unnecessary severity in executing a search others, any petition to the authorities for the
warrant legally procured: correction of abuses or redress of grievance.

1. That the offender is a public officer or *Elements common to 3 acts:

employee. 1. The offender is public officer or employee.
2. That he has legally procured a search 2. That he performs any of the acts above.
warrant.
*Only public officer or employee can commit
3. That he exceeds his authority or uses this crime. If committed by private individual,
unnecessary severity in exerting the same. the crime is disturbance of public order.
*Search – to go over or look through for the *To constitute violation of 1st paragraph.
purpose of finding something to examine.
1. The meeting must be peaceful.
ARTICLE 130 – SEARCHING DOMICILE
2. There is no legal ground for prohibiting or
WITHOUT WITNESSES interrupting or dissolving that meeting.
*Elements: *Right to peaceful meeting is not absolute –may
1. That the offender is a public officer or be regulated in order that it may not be
employee. injurious to the equal enjoyment of others
having equal rights, nor injurious to the right of
2. That he is armed with search warrant legally the community or society.
procured.
*When the meeting to be held is not peaceful, ARTICLE 134 – REBELLION OR INSURRECTION
there is legal ground for prohibiting it.
*Elements:
*The offender must be stranger, not a
1. That there be
participant in the peaceful meeting.
(a) public uprising and
ARTICLE 132 – INTERRUPTION OF RELIGIOUS
(b) taking arms against the government.
WORSHIP
2. That the purpose of the uprising or
*Elements:
movement is either –
1. That the offender is a public officer or
a. To remove from the allegiance to said
employee.
government or its laws: i.
2. That religious ceremonies or manifestation
The territory of the Philippines or any part
of any religion are about to take place or are
thereof; or ii. Any body of land, naval or other
going on.
armed forces; orb. To deprive the chief
3. That the offender prevents or disturbs the executive or congress, wholly or partially, or any
same. of their powers or prerogatives.

ARTICLE 133 – OFFENDING THE RELIGIOUS *Rebellion and insurrection are not
synonymous.
FEELINGS
*Rebellion – more frequently used where the
*Elements:
object of the movement is completely to
1. That the act complained of were performed: overthrow and supersede the existing
a. In a place devoted to religious worship, or government.

b. During the celebration of any religious *Insurrection – more commonly employed in

ceremony. reference to a movement which seeks merely to
effect some change of minor importance, or to
2. That the acts must be notoriously offensive prevent the exercise of governmental authority
to the feelings of the faithful. with respect to particular matters or subjects.
*Religious ceremonies – those religious acts *There must be a public uprising and the
performed outside of a church, such as taking up of arms.
procession and special prayers for burying dead
persons. *Actual clash of arms with the forces of the
government, not necessary to convict the
*Acts notoriously offensive to the feelings of accused who is in conspiracy by others, actually
the faithful – acts must be directed against taking arms against the government.
religious practice or dogma or ritual for the
purpose of ridicule, as mocking or scoffing at or *The purpose of uprising must be shown to be
attempting to damage an object of religious convicted of rebellion.
veneration (People vs. Baes)
*The crime of rebellion is complete the very
*There must be deliberate intent to hurt the moment a group of rebels rise publicly and take
feelings of the faithful. arms against the government.
*Rebellion vs. Treason a. Any person who (1) promotes (2) maintains
or (3) heads a rebellion or insurrection;
- The levying of war against the government
would constitute treason when performed to or b. Any person who (1) leads (2) direct or (3)
aid the enemy. commands others to undertake a coup d’ etat.

- Levying of war against the government 2. The participants

during peace time for any purposes mentioned
a. Any person who (1) participates, or (2)
in article 134 is Rebellion.
executes the commands of others in rebellion
- Rebellion always involves taking up arms or insurrection.
against the government; treason may be
b. Any person in the government service who: i.
committed by mere adherence to the enemy
Participates ii. Executes directions or command
by giving them aid or comfort.
of others in undertaking a coup d’ etat; c. Any
*Giving aid and comfort not criminal in person not in government service who: i.
rebellion. Participates ii. Supports iii. Finances iv. Abets v.
Aids in undertaking a coup d’ etat.
*No complex crime to rebellion – provided it is
for the furtherance of rebellion. *Public officer must take active part, to be
liable; mere silence or omission not punishable
ARTICLE 134-A – COUP D’ ETAT
in rebellion.
*Elements:
*The leader of rebellion, insurrection or coup d’
1. That the offender is a person or persons etat in case he is unknown – any person who in
belonging to the military or police or holding fact directed the others, spoke for them, signed
any public office or employment. receipts and other documents issued in their
name, or performed similar acts, on behalf of
2. That it is committed by means of a swift the rebels shall be deemed a leader of such
attack accompanied by violence, intimidation, rebellion, insurrection or coup d’ etat.
threat, strategy or stealth.
*It is not a defense in rebellion that the accused
3. That the attack is directed against duly never took the oath of allegiance to, or that
constituted authorities of the Republic of the they never recognized the government. (US vs.
Philippines, or any military camp or installation, Del Rosario)
communication networks, public utilities or
other facilities needed for the exercise and *No complex crime of rebellion with murder
continued possession of power. and other common crimes.

4. That the purpose of the attack is to seize or - any or all of the acts described in article 135,
diminish state power. when committed as means to or in furtherance
of the subversive ends described in art 134,
ARTICLE 135 – PERSONS LIABLE FOR becomes absorbed in the crime of rebellion and
REBELLION, INSURRECTION AND/OR COUP D’ cannot be regarded or penalized as distinct
crimes in themselves.
ETAT
ARTICLE 136 – CONSPIRACY AND PROPOSAL
1. The leaders
TO COMMIT COUP D’ ETAT, REBELLION OR
INSURRECTION 1. That the offender rise (1) publicly and (2)
tumultuously.
*Merely agreeing and deciding to rise publicly
and take arms against the government for the 2. That they employ force, intimidation, or
purposes of rebellion or merely proposing the other means outside of legal methods.
commission of said acts is already subject to
3. That the offender employs any of those
punishment.
means to attain any of the following objects: a.
*No conspiracy when there is no agreement To prevent the promulgation or execution of
and no decision to commit said acts. any law or the holding of any popular election.

ARTICLE 137 – DISLOYALTY OF PUBLIC OFFICER b. To prevent the national government, or any
provincial or municipal government, or any
OR EMPLOYEES
public officer thereof from freely exercising its
*Acts punished: or his functions or prevent the execution of any
administrative order. c. To inflict any act of hate
1. By failing to resist a rebellion by all means in or revenge upon the person or property of any
their power; or public officer or employee. d. To commit, for
2. By continuing to discharge the duties of their any political or social end, any person,
offices under the control of the rebels; or municipality or province, or the National
Government of all its property or any part
3. By accepting appointment to office under thereof.
them.
*The ultimate object of sedition is violation of
*The crime of disloyalty of public officers the public peace.
presupposes the existence of rebellion by other
persons. *What distinguishes sedition from rebellion is
the object or purpose of the uprising – in
*The offender under article 137 must not be in sedition, the purpose of the offender may be
conspiracy with the rebels. political or social – in rebellion, it is always
ARTICLE 138 – INCITING TO REBELLION OR political.

INSURRECTION *Sedition cannot be committed by one person –

article 139 – the crime of sedition is committed
*Elements: by persons who rise publicly and tumultuously
in order to attain by force, intimidation, or by
1. That the offender does not take arms or is
other means outside of legal methods…
not in open hostility against the government.
*Tumultuous – the disturbance if caused by
2. That he incites others to the execution of
more than 3 persons (4) who are armed or
any of the acts of rebellion.
provided with means of violence.
3. That the inciting is done by means of
*In sedition, the offender need not be private
speeches, proclamations tending to the same
individuals.
end.
*Public uprising and an object of sedition must
ARTICLE 139 – SEDITION
together concur.
*Elements:
*Common crimes are not absorbed in sedition – 3. That the inciting is done by means of
two separate crimes. (Except – unlicensed speeches, proclamations, writings, emblem,
firearms, it is absorbed in the crime of sedition cartoons, banners, or other representations
because of its element – tumultuous) tending to the same end.

ARTICLE 140 – PENALTY FOR SEDITION *uttering seditious words or speeches and
writing, publishing or circulating scurrilous libels
*Persons liable for sedition:
are punishable when:
1. The leader of the sedition – PMayor - min
1. They tend to disturb or obstruct any lawful
and fine not exceeding P10,000.
officer in executing the functions of his office;
2. Other persons participating in the sedition –
2. They tend to instigate others to cabal and
PC – max and fine not exceeding P5,000.
meet together for unlawful purposes;
ARTICLE 141 – CONSPIRACY TO COMMIT
3. They suggest or incite rebellious conspiracies
SEDITION or riots.

*There must be an agreement and decision to 4. They lead or tend to stir up the people
rise publicly and tumultuously to attain any of against the lawful authorities or to disturb the
the objects of sedition. peace of the community, the safety and order
of the government.
*There is no proposal to commit sedition – not
punished. *It is not necessary, in order to be seditious,
that the words used should in fact result in a
ARTICLE 142 – INCITING TO SEDITION rising of the people against the constituted
*Different acts of inciting to sedition: authorities.

1. Inciting others to the accomplishment of any (The law is not aimed merely at actual
of the acts which constitute sedition by means disturbance as its purpose is also to punish
of speeches, proclamations, writings, emblems, utterances which may endanger public order.)
etc. *Two rules relative to seditious words:
2. Uttering seditious words or speeches which a. The clear and present danger rule – the
tend to disturb the public peace. words must be of such a nature that by uttering
3. Writing, publishing, or circulating scurrilous them, there is a danger of a public uprising and
libels against the government or any duly that such danger should be both clear and
constituted authorities thereof, which tend to imminent. b. The dangerous tendency rule –
disturb the public peace. when the words uttered or published could
easily produce disaffection among the people
*Elements: and a state of feeling in them incompatible with
1. That the offender does not take direct part a disposition to remain loyal to the government
in the crime of sedition. and obedient to the laws.

2. That he incites others to the ARTICLE 143 – ACTS TENDING TO PREVENT THE
accomplishment of any of the acts which MEETING OF THE ASSEMBLY AND SIMILAR
constitute sedition.
BODIES
*Elements: a. Attending the meetings of the National
Assembly or of any of its committees or
1. That there be a projected or actual meeting
subcommittees, constitutional commission or
of the National Assembly or any of its
committees or divisions thereof.
committees or subcommittees, constitutional
committees or division thereof, or of any b. From expressing his opinions.
provincial board or city or municipal council or
c. Casting his votes.
board.
2. By arresting or searching any member
2. That the offender who may be any person
thereof while the National Assembly is in
prevents such meeting by force or fraud.
regular or special session, except in case such
ARTICLE 144 – DISTURBANCE OF PROCEEDINGS member has committed a crime punishable
under the code by a penalty of prision mayor or
*Elements:
higher.
1. That there be a meeting of the National
*Elements of 1st:
Assembly or any of its committees or
subcommittees, constitutional commission or 1. That the offender uses force, intimidation,
committees or division thereof, or of any threats or fraud.
provincial board or city or municipal council or
2. That the purpose of the offender is to
board.
prevent any member of the National Assembly
2. That the offender does any of the following from: a. Attending the meetings of the
acts:
National Assembly or of any of its committees
a. He disturbs any of such meetings or subcommittees, constitutional commission
or committees or division thereof.
b. He behaves while in the presence of any of
such bodies in such a manner as to interrupt its b. Expressing his opinions.
proceedings or to impair the respect due to it.
c. Casting his votes
*It must be a meeting of a legislative body or of
*Elements of 2nd:
provincial board or city or municipal council or
board which is disturbed. 1. That the offender is a public officer or
employee.
*One who disturbs the proceedings of the
National Assembly may also be punished for 2. That he arrests or searches any member of
contempt by the Assembly. the National Assembly.
ARTICLE 145 – VIOLATION OF PARLIAMENTARY 3. That the Assembly, at the time of the arrest
or search, is in regular or special session.
IMMUNITY
4. That the member arrested or searched has
*Acts punishable:
not committed a crime punishable under the
1. By using force, intimidation, threats, or code by a penalty of prision mayor or higher.
frauds to prevent any member of the National
ARTICLE 145 – ILLEGAL ASSEMBLIES
Assembly from:
1. Any meeting attended by armed persons for 2. Persons merely present at the meeting.
the purpose of committing any of the crimes
*The persons merely present at the meeting
punishable under the code.
must have common intent to commit the felony
2. Any meeting in which the audience, whether of illegal assembly – the absence of such intent
armed or not, is incited to the commission of may exempt the person present from criminal
the crime of treason, rebellion or insurrection, liability.
sedition or assault upon a person in authority
*Responsibility of persons merely present at the
or his agents.
meeting:
*Elements of the 1st:
1. If they are armed – Penalty is Arresto Mayor
1. That there is a meeting, a gathering or group
2. If they carry arms – Penalty is Prision
of persons, whether in a fixed place or moving.
Correccional
2. That the meeting is attended by armed
*If any person present at the meeting carries an
persons
unlicensed firearm:
3. That the purpose of the meeting is to commit
1. It is presumed that the purpose of the
any of the crimes punishable under the code.
meeting insofar as he is concerned, is to commit
*Elements of the 2nd: acts punishable under the code.

1. That there is a meeting, a gathering or group 2. He is considered a leader or organizer of the

of persons, whether in a fixed place or moving. meeting.

2. That the audience, whether armed or not, is

incited to the commission of the crime of
ARTICLE 147 – ILLEGAL ASSOCIATIONS
treason, rebellion or insurrection, sedition or
direct assault. *Illegal Associations:
*The person present at the meeting must be 1. Associations totally or partially organized for
armed in the first form of illegal assembly – the purpose of committing any of the crimes
but not all the persons present at the meeting punishable under the code.
of the first form of illegal assembly must be
armed. 2. Associations totally or partially organized for
some purpose contrary to public morals.
*If in a meeting, the audience is incited to the
commission of rebellion or sedition, the crimes *Persons liable for Illegal association:
committed are: 1. Founders, directors and president of the
1. Illegal assembly as regard to: a. The organizer association.
or leaders b. Persons merely present 2. Mere members of the association.
2. Inciting to rebellion or sedition insofar as the ARTICLE 148 – DIRECT ASSAULT
one inciting them is concerned.
*Two ways of committing direct assault:
*Persons liable for illegal assembly:
1. Without public uprising by employing force
1. The organizers or leaders of the meeting or intimidation for the attainment of any of the
purposes enumerated in defining the crimes of *The intimidation or resistance must be serious
rebellion and sedition. whether the offended party is an agent or
person in authority.
2. Without public uprising, by attacking, by
employing force and intimidation or seriously *The intimidation must produce its effects
resisting any person in the performance of immediately.
official duties, or on the occasion of such
*Person in authority – any person directly
performance.
vested with jurisdiction, whether as an
*Elements of 1st form of direct assault: individual or as a member of some court or
governmental corporation, board, or
1. That the offender employs force or
commission. (The power or authority to govern
intimidation.
and execute laws.)
2. That the aim of the offender is to attain any
*Agent of a person in authority – one who, by
of the purposes of the crime of rebellion or any
direct provision of law or by election or by
of the objects in the crime of sedition.
appointment by competent authority, is
3. That there is no public uprising. charged with the maintenance of public order
and the protection and security of life and
*Elements of 2nd form of direct assault: property.
1. That the offender (a) makes an attack, (b) by *Two kinds of direct assault of the 2nd form:
employing force, (c) makes a serious
intimidation or (d) makes a serious resistance. 1. Simple assault

2. That the person assaulted is a person in 2. Qualified assault

authority or his agent.

3. That at the time of the assault the person in

*Direct assault is qualified:
authority or his agent (a) is engaged in actual
performance of official duties, or that he is 1. When the assault is committed with a
assaulted (b) by reason of past performance of weapon.
official duties.
2. When the offender is a public officer or
4. That the offender knows that the one he is employee.
assaulting is a person in authority or his agent
3. When the offender lays hand upon a person
in the exercise of his duties
in authority.
5. That there is no public uprising.
*Crime of slight physical injuries is absorbed in
*Shall attack – any offensive movement or direct assault – inherent.
action of any kind.
ARTICLE 149 – INDIRECT ASSAULT
*Employ force –
*Elements:
- If agent of a person in authority – force must
1. That the person in authority or his agent is
be of serious character.
the victim of any of the forms of direct assault
- The force need not be serious when the in article 148.
offended party is a person in authority.
2. That a person comes to the aid of such TO A PERSON IN AUTHORITY OR THE AGENT
person in authority or his agent.
OF SUCH PERSON
3. That the offender makes use of force or
*Elements of resistance and serious
intimidation upon such person coming to the
disobedience:
aid of the person in authority or his agent.
1. That a person in authority or his agent is
*Indirect assault can be committed only when
engaged in the performance of official duty or
a direct assault is committed.
gives a lawful order to the offender.
ARTICLE 150 – DISOBEDIENCE TO SUMMONS
2. That the offender resists or seriously
ISSUED BY THE NATIONAL ASSEMBLY, ITS disobeys such person in authority or his agent.
COMMITTEES OR SUBCOMMITTEES, BY
3. That the act of the offender is not included in
CONSTITUTIONAL COMMISSION,
the provisions of the articles 148, 149 and 150.
COMMITTEES, SUBCOMMITTEES OR
DIVISIONS. *Elements of simple disobedience:
*Acts punished: 1. That an agent of a person in authority is
engaged in the performance of official duty or
1. By refusing, without legal excuse, to obey
gives lawful order to the offender.
summons of the National Assembly, its
committees or subcommittees, by constitutional 2. That the offender disobeys such agent of a
commission, committees, subcommittees or person in authority.
division.
3. That such disobedience is not a serious
2. By refusing to be sworn or placed under nature.
affirmation while being before such legislative
or constitutional body or official. *The offended party must be only an agent of
a person in authority.
3. By refusing to answer any legal inquiry or to
produce any books, papers, documents, or *Direct assault vs. Resistance or serious
records in his possession, when required by disobedience –
them to do so in the exercise of their function. - Direct assault 1st form – Person in authority
4. By restraining another from attending as a or his agent must be engaged in the
witness in such legislative or constitutional performance of official duties or that he is
body. assaulted by reason thereof.

5. By inducing disobedience to a summons or - Serious disobedience – The person in

refusal to be sworn by any such body or official. authority or his agent must be in actual
performance of his duties.
*Only disobedience without legal excuse is
punishable. -Direct assault 2nd form – committed in four
ways (a) by attacking (b) by employing force (b)
*May not apply when papers or documents by seriously intimidating (d) by seriously
may be used as evidence against the owner resisting a person in authority or his agent.
thereof.

ARTICLE 151 – RESISTANCE AND DISOBEDIENCE

- Resistance or serious disobedience is 3. Making an outcry tending to incite rebellion
committed only by resisting or seriously or sedition in any meeting, association or
disobeying person in authority or his agent. public place;

*When the attack or employment of force is not 4. Displaying placards or emblems which
deliberate, the crime is only resistance or provoke a disturbance of public order in such
disobedience. place;

ARTICLE 152 – PERSONS IN AUTHORITY AND 5. Burying with pomp the body of a person
who has been legally executed.
AGENTS OF PERSONS IN AUTHORITY
*Serious disturbance must be planned or
*Persons in authority – any person directly
intended.
vested with jurisdiction whether as an individual
or as a member of some court or governmental *If the act of disturbing or interrupting a
corporation board or commission. meeting or religious ceremony is not
committed by public officer, or if committed by
*Agent of a person in authority – any person
public officer they are participant therein,
who, by direct provision of laws or by election
article 153 should be applied.
or by appointment by competent authority, is
charged with the maintenance of public order *Outcry – shout subversive or provocative
and the protection and security of life and words tending to stir up the people to obtain by
property. means of force or violence any of the objects of
rebellion or sedition.
* ”Directly vested with jurisdiction” – The
power and authority to govern and execute *Inciting vs. Public disorder
laws.
- In public disorder, the outcry is not
*To be an agent of a person in authority, one intentionally calculated to induce others to
must be charged with (1) the maintenance of commit rebellion or sedition.
public order, and (2) the protection and security
*Tumultuous – the disturbance or interruption
of life and property.
caused by more than 3 persons (4 or more) who
ARTICLE 153 – TUMULTS AND OTHER are armed or provided with means of violence.

DISTURBANCES OF PUBLIC ORDER ARTICLE 154 – UNLAWFUL USE OF MEANS OF

*What are tumults and other disturbances of PUBLICATION AND UNLAWFUL UTTERANCES
public order :
*ACTS PUNISHED:
1. Causing any serious disturbance in a public
1. By punishing or causing to be published, by
place, office or establishment;
means of printing, lithography or any other
2. Interrupting or disturbing performances, means of publication, as news any false news
functions or gatherings, or peaceful meetings, which may endanger the public order, or cause
if the act is not included in articles 131 and damage to the interest or credit of the state.
132;
2. By encouraging disobedience to the law or to
the constituted authorities or by praising,
justifying or extolling any act punished by law,
by the same means or words, utterances or ARTICLE 156 – DELIVERING PRISONERS FROM
speeches.
JAIL
3. By maliciously publishing or causing to be
*Elements:
published any official resolution or document
without proper authority, or 1. That there is a person confined in jail or penal
establishment.
before they have been published officially.
2. That the offender removes therefrom such
4. By printing, publishing or distributing books,
person, or helps the escape of such person.
pamphlets, periodicals or leaflets which do not
bear real printer’s name or which are classified *Prisoner may be under detention only.
as anonymous.
*Hospitals or asylums are considered
*Actual public disorder or actual damage to the extension of jail or prison.
credit of the state is not necessary.
*If the crime committed by the prisoner for
*The offender must know that the news is which he is confined is treason, murder or
false – It must endanger or may endanger the parricide, the act of taking the place of the
public order. prisoner in the prison is that of an accessory –
because he assisted in the escape of the
ARTICLE 155 – ALARMS AND SCANDALS
principal.
*Acts punished:
*If the person/prisoner removed or escaped is
1. Discharging any firearm, rocket, firecracker, made possible by the commission of article 156
or other explosive within any town or public is a detention prisoner, such prisoner is not
place calculated to cause alarm or danger. criminally liable. Only those who evade the
service of their sentence are criminally liable.
2. Instigating or taking an active part in any
charivari or other disorderly meeting offensive
to another or prejudicial to public tranquility.

3. Disturbing the public peace while wandering

ARTICLE 157 – EVASION OF SERVICE OF
about at night or while engaged in any other
nocturnal amusement. SENTENCE
4. Causing any disturbance or scandal in public *Elements:
places while intoxicated or otherwise provided
article 153 is not applicable. 1. That the offender is a convict by final
judgment.
*The discharge of firearm should not be aimed
at a person; otherwise, the offense would fall 2. That he is serving his sentence which
under article 254, punishing discharge of consists in deprivation of liberty.
firearms. 3. That he evades the service of his sentence by
*Charivari – a medley of discordant voices, a escaping during the term of his sentence.
mock serenade of discordant noises made on *The sentence must be by reason of final
kettles, tins, horns. Designed to annoy and judgment. – Not applicable to sentence
insult. executed by deportation.
*It should be by escaping during the term of his executive announcing the passing away of such
sentence which consists in deprivation of calamity.
liberty.
*The offender must be a convict by final
*Article 157 is applicable to sentence of judgment.
destierro.
*The convict must leave the penal institution.
*Circumstances qualifying the offense – if such
*What is punished is not the leaving of the
evasion or escape takes place:
penal institution, but the failure of the convict
1. By means of unlawful entry; to give himself up to the authorities within 48
hours after the proclamation announcing the
2. By breaking doors, windows, gates, walls,
passing away of the calamity.
roofs, or floors;
*If the offender fails to give himself up, he gets
3. By using picklocks, false keys, disguise, deceit,
an increased penalty – increase of 1/5 of the
violence or intimidation;
time still remaining to be served under the
4. Through connivance with other convicts or original sentence. (But not to exceed 6 months)
employees of the penal institution.
*If the offender gives himself up, he is entitled
ARTICLE 158 – EVASION OF SERVICE OF to a deduction of 1/5 of his sentence.

SENTENCE ON THE OCCASION OF DISORDERS, *Mutiny – an organized unlawful resistance to a

CONFLAGRATIONS, EARTHQUAKES, OR OTHER superior officer; sedition; a revolt.

CALAMITIES ARTICLE 159 – OTHER CASES OF EVASION OF

*Elements: SERVICE OF SENTENCE (Conditional pardon) -

Bail
1. That the offender is a convict by final
judgment, who is confined in a penal *A conditional pardon is a contract between
institution. the Chief Executive, who grants the pardon,
and the convict, who accepts it.
2. That there is disorder, resulting from –
*The pardoned convict is bound to fulfill the
a. Conflagration conditions and accept all its consequences not
b. Earthquake as he chooses, but according to the strict terms
(People vs. Pontillas)
c. Explosion d. Similar catastrophe, or
*Elements of the offense of violation of
e. Mutiny in which he has not participated. conditional pardon:
3. That the offender evades the service of his 1. That the offender was a convict.
sentence by leaving the penal institution where
he is confined, on the occasion of such disorder 2. That he was granted a conditional pardon by
or during the mutiny. the Chief Executive.

4. That the offender fails to give himself up to 3. That he violated any of the conditions of such
the authorities within 48 hours following the pardon.
issuance of a proclamation by the chief
*Violation of conditional pardon is distinct *Quasi-recidivism vs. reiteracion
crime.
- Reiteracion requires that the offender against
*conditions extend to special laws. whom it is considered shall have served out his
sentences for the prior offenses.
*Offender must be found guilty of subsequent
offense before he can be prosecuted under *Quasi-recidivism cannot be offset by ordinary
article 159. mitigating circumstances – if privileged
mitigating (one degree lower)
*Offender can be arrested and reincarcerated
without trial – violation of conditional pardon. *A quasi-recidivist may be pardoned at the age
of 70 years – when he has already served out
*The period when convict was at liberty, not
his original sentence, or when he shall complete
deducted in case he is recommitted.
it after reaching the said age, unless by reason
ARTICLE 160 – COMMISSION OF ANOTHER of his conduct or other circumstances he shall
not be worthy of such clemency.
CRIME DURING SERVICE OF PENALTY IMPOSED
*But only a convict who is not a habitual
FOR ANOTHER PREVIOUS OFFENSE criminal shall be pardoned.
*Quasi-recidivism – is a special aggravating ARTICLE 161 – COUNTERFEITING THE GREAT
circumstance where a person, after having been
convicted by final judgment, shall commit a new SEAL OF THE GOVERNMENT OF THE PHILIPPINE
felony before beginning to serve such sentence,
ISLAND, FORGING THE SIGNATURE OR STAMP
or while serving the same.
OF THE CHIEF EXECUTIVE
*He shall be punished by the maximum period
of the penalty prescribed by law for the new *Acts punished:
penalty.
1. Forging the great seal of the government of
*Elements: the Philippines.

1. That the offender was already convicted by 2. Forging the signature of the President.
final judgment of one offense.
3. Forging the stamp of the President.
2. That he committed a new felony before
*Great seal – circular in form, with arms
beginning to serve such sentence or while
consisting of paleways of two pieces, azures and
serving the same.
gules; chief argent studded with three golden
*The second crime must be a felony (RPC) – but star equidistant from each other, in point of
the first crime for which the offender is serving honor, ovoid argent over the sun rayonnant
sentence need not be a felony. with eight minor and lesser rays; in sinister base
gules, the lion rampant of spain; in dexter base
*The new offense need not be of different
azure, the American eagle displayed proper;
character from that of the former offense.
and surrounding the whole is a double marginal
*Quasi-recidivism does not require that the two circle within which are the words “Republic of
offenses are embraced in the same title of the the Philippines.”
code – only in recidivism that it is required –
*The great seal shall be and remain in the
article 14 no. 9
custody of the President of the Philippines, and
shall be affixed to or placed upon all *Counterfeiting – imitation of a legal or genuine
commissions signed by him, and signed by him, coin. – There must be an imitation of the
and upon such other official documents and peculiar design of a genuine coin. (US vs. Basco)
papers of the Republic of the Philippines as may
*Import – means to bring them into port – the
by law be provided, or as may be required by
importation is complete before entry at the
custom and usage in the discretion of the
customs house.
President of the Philippines.
*Utter – to pass counterfeited coins. – It
includes their delivery or the act of giving them
ARTICLE 162 – USING FORGED SIGNATURE OR away.

COUNTERFEITING SEAL OR STAMP *When caught counting the counterfeited coins

preparatory to the act of delivering them, even
*Elements:
though the utterer may not obtain the gain he
1. That great seal of the Republic was intended.
counterfeited or the signature or stamp of the
*Kinds of coins:
chief executive was forged by another person.
1. Silver coin of the Philippines or coins of the
2. That the offender knew of the counterfeiting
central bank of the Philippines.
or forgery.
2. Coin of the minor coinage of the Philippines
3. That he used the counterfeit seal or forged
or of the central bank of the Philippines.
signature or stamp.
3. Coin of the currency of a foreign country.
*The offender under this article should not be
the forger. *Minor coins – the coins below ten-centavo
denomination.
ARTICLE 163 – MAKING AND IMPORTING AND
*Former coins withdrawn from circulation may
UTTERING FALSE COINS
be counterfeited under article 163. – Paragraph
*Elements: 1 and 2 of article 163 mentioned “coin” without
any qualifying word, such as “current”.
1. That there be false or counterfeited coins.
ARTICLE 164 – MUTILATION OF COINS
2. That the offender either made, imported or
uttered such coins. *Acts punished:

3. That in case of uttering such false or 1. Mutilating coins of legal currency, with the
counterfeited coins, he connived with the further requirement that there be intent to
counterfeiters or importers. damage or to defraud another.

*Coin – is a piece of metal stamped with certain 2. Importing or uttering such mutilated coins,
marks and made current at a certain value. with the further requirement that there must
be connivance with the mutilator or importer in
*A coin is false or counterfeited, if it is forged or case of uttering.
if it is not authorized by the government as legal
tender regardless of its intrinsic value. *Mutilation – to take off part of the metal
either by filling it or substituting it for another
metal of inferior quality.
*The coin must be of legal tender in mutilation. NOTES OR OTHER DOCUMENTS PAYABLE TO

*Coins of foreign country are not included. BEARER, IMPORTING, AND UTTERING SUCH
FALSE OR FORGED NOTES AND DOCUMENTS.
*The coin mutilated must be genuine and has
not been withdrawn from circulation. *Acts punished:

ARTICLE 165 – SELLING OF FALSE OR 1. Forging or falsification of treasury or bank

notes or other documents payable to bearer.
MUTILATED COINS, WITHOUT CONNIVANCE
2. Importation of such false or forged
*Acts punished:
obligations or notes.
1. Possession of coin, counterfeited or
3. Uttering of such false or forged obligations or
mutilated by another person, with
notes in connivance with the forgers or
intent to utter the same, knowing that it is false importers.
or mutilated.
*Forging and falsification:
2. Actually uttering such false or mutilated coin,
-Forging – committed by giving to a treasury or
knowing the same to be false or mutilated.
bank note or any instrument payable to bearer
*Elements of 1st act: or to order the appearance of a true and
genuine document.
a. Possession
-Falsification – committed by erasing,
b. With intent to utter, and c. Knowledge substituting, counterfeiting, or altering by any
*Elements of 2nd act: means, the figures, letters, words, or signs
contained therein.
a. Actually uttering, and b. Knowledge
*To forge an instrument is to make false
*Possession of or uttering false coins does not instrument intended to be passed for the
require that the counterfeited coin is legal genuine one.
tender.
*Importation of false or forged obligations or
*But if the coin being uttered or possessed with notes – to bring them into the Philippines,
intent to utter is a mutilated coin, it must be which presuppose that, the obligation or notes
legal tender coin. are forged or falsified in a foreign country.
*Constructive possession of such coin is *Uttering false or forged obligation or notes –
included. offering obligations or notes knowing them to
*Actually uttering false or mutilated coin, be false or forged, whether such offer is
knowing it to be false or mutilated, is a crime accepted or not, with a representation, by
under article 165, even if the offender was not words or actions, that they are not genuine and
in connivance with the counterfeiter or with an intent to defraud.
mutilator. *Uttering forged bill must be with connivance to
*The accused must have knowledge of the fact constitute violation of article 166.
that the coin is false. *Notes and other obligations and securities that
ARTICLE 166 – FORGING TREASURY OR BANK may be forged or falsified:
1. Treasury or bank notes 1. That there be an instrument payable to order
or other document of credit not payable to
2. Certificates
bearer.
3. Other obligations and securities payable to
2. That the offender either forged, imported or
bearer.
uttered such instrument.
*A bank note, certificate or obligation and
3. That in case of uttering, he connived with the
security is payable to bearer when it can be
forger or importer.
negotiated by mere delivery.
*Article 167 is limited to instruments payable to
*The instrument is payable to bearer –
order or other documents of credit not payable
a. When it is expressed to be so payable; or to bearer.

b. When it is payable to a person named therein *The instrument is payable to order – when it is
or bearer; or c. When it is payable to the order drawn payable to the order of a specified
of a fictitious or non-existing person; d. The person or to him or his order.
name of the payee does not purport to be the
*Article 167 covers instrument or other
name of any person; e. When the only or last
documents of credit issued by a foreign
indorsement is an indorsement in blank.
government or bank.
*The code punishes forging or falsification of
*Reason for punishing forgery – to maintain the
bank notes and of documents of credit payable
integrity of the currency and thus insure the
to bearer and issued by the state more severely
credit standing of the government and prevent
than counterfeiting of coins.
the imposition on the public and the
*Obligation or security of US and other foreign government of worthless notes or obligations.
countries are included under this provision.
*Connivance is not required in uttering if the
*Obligation or security of the Philippines: utterer is the forger.

a. Bonds ARTICLE 168 – ILLEGAL POSSESSION AND USE

OF FALSE TREASURY OR BANK NOTES AND
b. Certificate of indebtedness c. National bank OTHER INSTRUMENT OF CREDIT
notes d. Coupons e. Treasury notes f. Fractional
notes g. Certificate of deposits h. Bills i. Checks *Elements:
j. Drafts for money k. Other representatives of
1. That any treasury or bank note or certificate
value issued under any act of congress
or other obligation and security payable to
*Money bills issued by the Central Bank are bearer, or any instrument payable to order or
National bank notes. other documents of credit not payable to
bearer is forged or falsified by another person.
ARTICLE 167 – COUNTERFEITING, IMPORTING,
2. That the offender knows that any of those
AND UTTERING INSTRUMENTS NOT PAYABLE instruments is forged or falsified.
TO BEARER 3. That he performs any of these acts – a. Using
*Elements: any of such forged or falsified instrument; or b.
Possessing with intent to use any of such forged
or falsified instrument.
*The possession must be with intent to use said private documents, or wireless, or telegraph
false treasury or bank notes. messages.

*Bank note is forged when the serial number ARTICLE 170 – FALSIFICATION OF LEGISLATIVE
which the questioned bank note bears does not
DOCUMENTS
check with the genuine one issued with the
same number. *Elements:
*Accused must have knowledge of the forged 1. That there be a bill, resolution or ordinance
character of the note. enacted or approved or pending approval by
either house of the legislature or any provincial
*A person in possession of falsified document
board or municipal council.
and who makes use of the same is presumed to
be material author of falsification. 2. That the offender alters the same.
*Mere possession of false money bill, without 3. That he has no proper authority thereof.
intent to use it to the damage of another, is not
a crime. 4. That the alteration has changed the meaning
of the document.
ARTICLE 169 – HOW FORGERY IS COMMITTED
*Municipal council should include the city
*Forgery includes falsification and council or municipal board.
counterfeiting.
*The bill, resolution or ordinance must be
*Classes of falsification – genuine.
1. Falsification of legislative document (article *The act of falsification in legislative document
is limited to allowing it which changes its
170)
meaning.
2. Falsification of a document by a public officer,
ARTICLE 171 – FALSIFICATION BY PUBLIC
employee or notary public (article 171) 3.
OFFICER, EMPLOYEE OR NOTARY OR
Falsification of a public or official, commercial
ECCLESIASTICAL MINISTER (PUBLIC DOCUMENT)
document by a private individual (article 172,
paragraph 1) *Elements:
4. Falsification of a private document by any 1. That the offender is a public officer,
person (article 172, paragraph 2) employee, or notary public.
5. Falsification of wireless, telegraph and 2. That he takes advantage of his official
telephone messages (article 173) position.
*Falsification vs. Forgery 3. That he falsifies a document by committing
any of the following acts: a. Counterfeiting or
*Forgery – the falsification and counterfeiting of
imitating any handwriting, signature or rubric.
treasury or bank notes or any instruments
b. Causing it to appear that persons have
payable to bearer or to order.
participated in any act or proceeding when they
*Falsification – the commission of any of the did not in fact so participate. c. Attributing to
eight acts mentioned in article 171 on persons who have participated in an act or
legislative, public or official, commercial, or
proceeding statements other than those in fact *The document must be of apparent legal
made by them. efficacy.

d. Making untruthful statements in a narration *There must be a genuine document that is

of facts. e. Altering true dates. f. Making any falsified in acts 6, 7, and 8; the other acts do not
alteration or intercalation in a genuine need such.
document which changes its meaning. g. Issuing
*It is sufficient that the document is given the
in authenticated form a document purporting to
appearance of or made to appear similar to, the
be a copy of an original document when no
original form.
such original exist, or including in such copy a
statement contrary to, or different from, that of *Simulation of public, official or mercantile
the genuine original. h. Intercalating any document is also contemplated in falsification
instrument or note relative to the issuance of those documents.
thereof in a protocol, registry or official book.
*It is not necessary to specify in article 171 the
4. In case the offender is an ecclesiastical document falsified, because when the
minister, the act of falsification is committed document is executed with the intervention of a
with respect to any record or document of such public officer, employee or notary public, such
character that its falsification may affect the document must necessarily be a public or
civil status of persons. official document.
*Persons liable – *If the offender is a private individual or a
public officer who does not take advantage of
- Only public officers, employee or notary public
his official position, article 172 shall apply.
or ecclesiastical minister.
*Paragraph 1 – Counterfeiting or imitating any
*The offender takes advantage of his official
handwriting, signature or rubric.
position in falsifying a document when:
*Two ways of committing falsification in
1. He has the duty to make or propose or
paragraph 1:
otherwise to intervene in the preparation of the
document. 1. Counterfeiting, which is imitating any
handwriting, signature or rubric.
2. He has the official custody of the document
which he falsifies. 2. Feigning, which is simulating a signature,
handwriting or rubric out of one which does not
*Even if the offender was a public officer but if
in fact exist.
he did not take advantage of his official
position, he would be guilty of falsification of a *There is an original signature or handwriting
document by a private person under article 172. which is imitated. – An imitation is necessary,
but it need not be perfect.
*Document – any written statement by which a
right is established or an obligation *Requisites of counterfeiting:
extinguished. – Writing or instrument by which
a fact may be proven and affirmed. 1. There be an intent to imitate, or an attempt
to imitate.
*The document must be complete or at least it
must have the appearance of a true and
genuine document.
2. That the two signatures or handwriting, the 3. That the facts narrated by the offender are
genuine and the forged, bear some absolutely false.
resemblance to each other.
4. The perversion of truth in the narration of
*There must be an intent or attempt to imitate facts was made with the wrongful intent of
injuring a third person.
– if there is sufficient resemblance.
*There must be narration of facts, not of
*Feign – represent by a false appearance; to
conclusion of law.
give a mental existence to; to imagine.
*The perversion of truth in the narration of
*Paragraph 2 – Causing it to appear that
facts must be made with the wrongful intent of
persons have participated in an act or a
injuring a third person.
proceeding
*Wrongful intent, not essential in falsification of
*Requisites:
public document.
1. That the offender caused it to appear in a
*There is no falsification by one acted in good
document that a person or persons participated
faith.
in an act or a proceeding.
*Paragraph 5 – Altering true dates
2. That such person or persons did not in fact so
participate in the act or proceeding. *There is falsification when the date is essential.

*Paragraph 3 – Attributing to persons who have *Paragraph 6 – Making alteration or

participated in any act or proceeding statement intercalation in a genuine document which
other than those in fact made by them changes its meaning

*Requisites: *Requisites:

1. That a person or persons participated in an 1. That there be an alteration or intercalation

act or a proceeding. on a document.

2. That such person or persons made 2. That it was made on a genuine document.
statements in that act or proceedings
3. That the alteration or intercalation has
3. That the offender, in making document, changed the meaning of the document.
attributed to such person or persons
4. That the changes made the document speak
statements other than those in fact made by
something false.
such person or persons.
*Alteration which speaks the truth is not
*Paragraph 4 – Making untruthful statements in
falsification.
a narration of facts
*The alteration must affect the integrity or
*Requisites:
change the effects of the document.
1. That the offender makes in a document
*Paragraph 7 – Issuing in authenticated form a
statements in a narration of facts.
document purporting to be a copy of an original
2. That he has legal obligation to disclose the document when no such original exist,
truth of the fact narrated by him.
or including in such a copy a statement contrary 1. Public documents – a document created,
to, or different from, that of the genuine executed or issued by a public official in
original response to the exigencies of the public service,
or in the execution of which a public official
*Can be committed only by a public officer or
intervene.
notary public who takes advantage of his official
position. 2. Official document – a document which is
issued by a public official in the exercise of the
*A private individual who cooperates with a
functions of his office.
public officer in the falsification of public
document is guilty of this crime and incurs same 3. Private document – a deed or instrument
liability and penalty as the public officer. executed by a private person without the
intervention of a notary public or other person
*Intent to gain or to prejudice is not necessary
legally authorized by which document some
in this crime.
disposition or agreement is proved, evidenced
ARTICLE 172 – FALSIFICATION BY PRIVATE or set forth.
INDIVIDUALS AND USE OF FALSIFIED
4. Commercial document – any document
DOCUMENTS (PRIVATE DOCUMENT)
defined and regulated by the code of
*Acts punished: commerce.

1. Falsification of public, official or commercial *The possessor of a falsified document is

documents by a private individual. (Paragraph presumed to be the author of the falsification.
1)
*Damage or intent to cause such is not
2. Falsification of private documents by any necessary.
person (Paragraph 2)
*Lack of malice or criminal intent is a defense in
3. Use of falsified document (Paragraph 3) falsification of public document.

*Falsification under paragraph 1 *Falsification under paragraph 2

*Elements: *Elements:

1. That the offender is a private individual or a 1. That the offender committed any of the acts
public officer or employee who did not take of falsification, except those in paragraph 7,
advantage of his official position. enumerated in article 171.

2. The he committed any of the acts of 2. Falsification was committed in any private
falsification enumerated in article 171. document.

3. That the falsification was committed in a 3. The falsification caused damage to a third
public or official or commercial document. party or at least the falsification was committed
with intent to cause such damage.
*The offender should not be a public officer,
employee, or notary public, who takes *Falsification of public document may be
advantage of his official position. complexed to estafa, theft or malversation.

*Kinds of documents: *No falsification of private document through

reckless imprudence
-private doc – no intention to cause damage – *Elements:
not punished
1. That the offender is an officer or employee of
-public doc – no intention to cause damage –still the government or of a private corporation
punished engaged in the service of sending or receiving
wireless, cable, or telephone message.
*Use of falsified document (Paragraph 3)
2. The offender commits any of the act a.
*Elements:
Uttering fictitious wireless, cable, telegraph, or
-Introducing in a judicial proceeding telephone message. b. Falsifying wireless, cable,
telegraph, or telephone message.
1. That the offender knew that a document was
falsified by another. *Use of falsified message (Paragraph 2)

2. That the false document is embraced in *Elements:

article 171 or in numbers 1 and 2 of article 172.
1. That the accused knew that wireless, cable,
3. That he introduced said document in telegraph or telephone message was falsified by
evidence in any judicial proceedings. any person in the first paragraph of article 173.

-Use in any other transaction 2. The accused used such falsified dispatch.

1. That the offender knew that a document was 3. The use of the falsified dispatch resulted in
falsified by another. the prejudice of a third party, or there was
intent to the same.
2. That the document is embraced in article 171
or numbers 1 and 2 of article 172. ARTICLE 174 – FALSE MEDICAL CERTIFICATES,
FALSE CERTIFICATES OF MERITS OR SERVICE,
3. That he used such documents. ETC.
4. That the use of the false documents caused *Certificate – any writing by which testimony is
damage to another or at least used with intent given that a fact has or not taken place.
to cause such damage.
*Persons liable:
ARTICLE 173 – FALSIFICATION OF WIRELESS,
CABLE, TELEGRAPH, AND TELEPHONE 1. Physician or surgeon
MESSAGES, AND USE OF SAID FALSIFIED
2. Public officer
MESSAGES.
3. Private individual
*Acts punished:
ARTICLE 175 – USING FALSE CERTIFICATES
1. Uttering fictitious wireless, telegraph or
telephone message. *Elements:

2. Falsification wireless, telegraph or telephone 1. That a physician or surgeon has issued a false
message. medical certificate, or a public officer had issued
false certificate of
3. Using such falsified message.
merit or a private individual falsified any of the
*Uttering fictitious message or falsifying the
said certificates.
same (Paragraph 1)
2. That the offender knew that the certificate *Article 177 may be violated by a public officer.
was false.
*Usurper – one who, introduces himself into an
3. That he used the same. office that is vacant, or who, without color of
title, ousts the government and assume to act
ARTICLE 176 – MANUFACTURING AND
as an officer by exercising some of the functions
POSSESSION OF INSTRUMENTS OR
of the office.
IMPLEMENT FOR FALSIFICATION
*Article 177 punishes usurpation of authority or
*Acts punished:
official functions of any officer of any foreign
1. Making or introducing into the Philippines government.
any stamps, dies, marks or other instruments or
ARTICLE 178 – USING FICTITIOUS NAME AND
implements for counterfeiting or falsification.
CONCEALING TRUE NAME
2. Possessing with intent to use the instruments
or implements for counterfeiting or falsification *Elements: (Using fictitious name)
made in or introduced into the Philippines by
1. That the offender uses a name other than his
another person.
real name.
*The implements confiscated need not form a
2. That he uses that fictitious name publicly.
complete set.
3. That the purpose of the offender is: a. To
ARTICLE 177 – USURPATION OF AUTHORITY OR
conceal a crime; b. To evade the execution of a
OFFICIAL FUNCTIONS judgment; or c. To cause damage to public
interest.
*Two offense in article 177 –
*Fictitious name – any other name which a
- Usurpation of authority
person publicly applies to himself without
- Usurpation of official functions authority of law.

*Two ways of committing the crime: *Causing damage must be to public interest, if
the damage is private interest, the crime will be
1. By knowingly and falsely representing oneself estafa.
to be an officer, agent or representative of any
department or agency of the Philippine *Signing fictitious name in an application for
government or any foreign government. passport is publicly using such fictitious name.

2. By performing any act pertaining to any *Elements: (Concealing true name)

person in authority or public officer of the
1. That the offender conceals –a. His true name;
Philippine government or of a foreign
and
government or any agency thereof, under
pretense of official position, and without being b. All other personal circumstances.
lawfully entitled to do so.
2. That the purpose is only to conceal his
*There must be positive, express and explicit identity.
representation.
*Commonwealth act no. 142 – sec 1 – except as
*False representation may be shown by acts. pseudonym solely for literary, cinema,
television, radio or other entertainment before a competent authority, shall deny the
purposes and in athletic events where the use truth or say something contrary to it.
of pseudonym is a normally accepted practice,
*Forms of false testimony:
no person shall use any name diff…
1. False testimony in criminal case (article 180
ARTICLE 179 – ILLEGAL USE OF UNIFORMS OR
and 181)
INSIGNIA
2. False testimony in civil cases (article 182)
*Elements:
3. False testimony in other cases (article 183)
1. That the offender makes use of insignia,
uniform or dress. *Elements: (180)
2. That the insignia, uniform or dress pertains to 1. That there be a criminal proceeding.
an office not held by the offender or to a class
of persons of which he is not a member. 2. That the offender testifies falsely under oath
against the defendant therein.
3. That said insignia, uniform or dress is used
publicly and improperly. 3. That the offender who gives false testimony
knows that it is false.
*Wearing the uniform of an imaginary office is
not punished. 4. That the defendant against whom the false
testimony is given is either acquitted or
*An exact imitation of a uniform or dress in convicted in a final judgment.
unnecessary – a colorable resemblance
calculated to deceive the common run of *Penalty depends upon the sentence of the
people – not those thoroughly familiar with defendant against whom the false testimony
every detail or accessory thereof – is sufficient. was given. – if the penalty is light – perjury.

*Using or wearing unauthorized naval military, *Defendant must be sentenced at least to (1) a
police, or other official uniform, decoration or correctional penalty, or (2) fine, or (3) must be
regalia of a foreign state, or one nearly acquitted.
resembling the same – with intent to deceive or *The witness who gave false testimony is liable
mislead are punished by RA No. 75. even if his testimony was not considered by the
*Wearing insignia, badge or emblem of rank of court.
the members of the armed forces of the ARTICLE 181 – FALSE TESTIMONY FAVORABLE
Philippines or constabulary are punished by RA TO THE DEFENDANT
493.
*Reason for punishing – tendency to favor or to
*illegal manufacture, sale, distribution and use prejudice the defendant.
of PNP uniforms, insignias and other
accoutrements are punished by EO 297. *The false testimony in favor of defendant need
not directly influence the decision of acquittal.
ARTCLE 180 – FALSE TESTIMONY AGAINST A
DEFENDANT *It is sufficient that the false testimony was
given with intent to favor the defendant.
*False testimony – committed by a person who,
being under oath and required to testify as to *It is sufficient that the defendant in the
the truth of a certain matters at a hearing principal case is prosecuted for a felony
punishable by afflictive penalty or by other 2. That the statement or affidavit was made
penalty. before a competent officer, authorized to
receive and administer oath.
*The defendant who falsely testified in his own
behalf in a criminal case is guilty of false 3. That in that statement or affidavit, the
testimony favorable to the defendant. accused made a willful and deliberate assertion
of a falsehood.
*Ratification made spontaneously after realizing
the mistake is not false testimony. 4. That the sworn statement or affidavit
containing the falsity is required by law.
ARTICLE 182 – FALSE TESTIMONY IN CIVIL CASE
*(must complete the whole stage of stating
*Elements:
testimony to be liable)
1. That the testimony must be given in a civil
*Falsely testifying under oath should not be in a
case.
judicial proceeding.
2. That the testimony must relate to the issues
*Oath – any form of attestation by which a
presented in said case.
person signifies that he is bound in conscience
3. That the testimony must be false. to perform an act faithfully and truthfully.

4. That the false testimony must be given by the *Affidavit – a sworn statement in writing, a
defendant knowing the same to be false. declaration in writing, made upon oath before
an authorized magistrate or officer.
5. That the testimony must be malicious and
given with an intent to affect the issues *False affidavit to a criminal complaint may give
presented in said case. rise to perjury.

*Article 182 is not applicable when false *Material Matter – it is the main fact which is
testimony is given in special proceedings. the subject of the inquiry or any circumstances
which tend to prove that fact.
*Whether or not the testimonies of private
respondent in the civil case are false is a *The matter is material when it is directed to
prejudicial question. prove a fact in issue. – Relevant when it tends in
any reasonable degree to establish the
ARTICLE 183 – FALSE TESTIMONY IN OTHER probability of a fact in issue. – Pertinent
CASES AND PERJURY IN SOLEMN concern collateral matter which makes more or
AFFIRMATION less probable the proposition at issues.
*Ways of committing perjury: *No perjury if sworn statement is not material
1. Falsely testifying under oath. to the principal matter under investigation.

2. Making a false affidavit. *Article 183 catches everything else under 180,

*Elements of perjury: 181 and 182.

1. That the accused made a statement under *Perjury is an offense which covers false oaths
oath, or executed an affidavit upon a material other than those taken in the course of judicial
matter. proceedings.
*False testimony before the justice of peace or
fiscal during the preliminary investigation may
give rise to the crime of perjury.

*Subornation of perjury – committed by a

person who knowingly and willfully procures ARTICLES 188-189-RA 8293 – INTELLECTUAL
another to swear falsely and the witness
suborned does testify under circumstances PROPERTY CODE OF THE PHILIPPINES
rendering him guilty of perjury. (Inducement)

ARTICLE 184 – OFFERING FALSE TESTIMONY IN ARTICLES 190-193 REPEALED BY

EVIDENCE COMPREHENSIVE DANGEROUS DRUGS ACT.
*Elements: *Section 4 – Importation of drugs:
1. That the offender offered in evidence a false - Committed by any person, who, unless
witness or false testimony. authorized by law, shall import or bring into the
2. That he knew the witness or the testimony Philippines any dangerous drug, regardless of
was false. the quantity and purity involved.

3. That the offer was made in a judicial or *Section 5 – Selling dangerous drugs:
official proceeding. - Act of giving away any dangerous drugs or
*Begins the moment a witness is called to the controlled precurs or/and essential chemical
witness stand and interrogated by counsel. whether for money or any other consideration.

*The witness having desisted before he could *Elements:

testify on any material matter is not liable. 1. Identity of the buyer and the seller. (clearly
ARTICLE 185 – MACHINATIONS IN PUBLIC identified)
AUCTION 2. The object and consideration.

3. Delivery of the thing sold and payment

thereof.

ARTICLE 186 – MONOPOLIES AND *Does not require that there must be giving of
the price/money, it suffice that the crime was
COMBINATIONS IN RESTRAINT OF TRADE established.

*General rule – the testimony of the poseur-

buyer is not indispensable in a case of illegal
sale of dangerous drugs.

*Exception – when the accused denies the

ARTICLE 187 – IMPORTATION AND existence of the said transaction. If the
prosecution failed to present the poseur-buyer
DISPOSITION OF FALSELY MARKED ARTICLES
to testify in court, it will amount to the dismissal
of the case.
*Deliver – an act of knowingly passing a - If any person was found in possession of
dangerous drug to another, personally or dangerous drug in a party, social gatherings or
otherwise, and by any means, with or without meetings, or in the proximate company of at
consideration. least two persons, maximum penalty prescribed
by law shall be imposed.

*Section 15 – Illegal use of dangerous drugs

*Section 6 – Maintenance of a den, dive, or
resort: *Elements:

- Any person who maintains a den, dive or 1. The offender was

resort for the use of illegal drugs are liable
apprehended/arrested in the actual use of
under this section.
dangerous drugs.
*Section 7 – even the employees who are
2. After a confirmatory test, he was found to be
aware of the nature of the said den, dive or
positive for the use of any dangerous drugs.
resort for the use of and sale of dangerous
drugs are criminally liable. – Even persons 3. No other amount of dangerous drugs must be
whore are not employees, which knowingly visit found in his possession.
the same place despite the knowledge of the
nature of the said places are criminally liable. *Mandatory drug testing:

*Section 8 – Manufacture of dangerous drugs: - Driver’s license

- The presence if any controlled precursor and - Firearms license

essential chemical or laboratory equipment in - High school and college students
the clandestine laboratory is a prima facie
evidence of manufacture of any dangerous - Law enforcement officers/employee
drugs. (Production, preparation, combining, or - Candidates for public office
processing of dangerous drugs)
(Except – President, VP, members of the
*Section 11 – Illegal possession of dangerous congress – it is not required for it will be
drugs unconstitutional.)
*Elements: *Tests in use of dangerous drugs:
1. The accused CXwas in possession of -Screening test
prohibited drugs.
-Confirmatory test
2. Such possession is not authorized by law.
*Person arrested may not be forced to be
3. The accused freely and consciously possessed tested for illegal use of drugs for it will violate
the prohibited drugs. his constitutional right.
*Section 12 – Illegal possession of drug *Voluntary submission program (for drug
paraphernalia dependent to avoid criminal liability):
*Section 13 – Illegal possession of dangerous 1. Complied with rules and regulation of the
drugs during parties, social gatherings or center.
meetings
2. Never been charged/convicted under - Any attempt or conspiracy of any of the
RA9165. following acts shall be punished already by
penalty prescribed by law:
3. No record of escape from the center.
1. Importation of any dangerous drugs;
4. Poses no threat to self, family or community.
2. Sale, trading, administration, delivery,
*Section 21 – Procedure in the seizure and
distribution, transportation of dangerous drugs;
confiscation of dangerous drug
3. Maintenance of a den, dive or resort where
*The apprehending team which has the initial
any dangerous drugs is used in any form;
possession of the seized/confiscated dangerous
drugs shall: (Chain of custody rule) 4. Manufacture of any dangerous drugs;

1. Inventory the dangerous drugs. 5. Cultivation or culture plants which are the
sources of dangerous drugs.
2. Take photographs of the same in the
presence of the accused or from the person *Section 98 – Provisions of the Revised Penal
whom the drugs have been confiscated or in the Code shall not apply to the provisions of
presence of his RA9165 – except when the offender is a minor.

counsel, representative from the media, ARTICLE 195 -199 – REPEALED BY PD 1602
representative from the department of justice
ARTICLE 200 – GRAVE SCANDAL
and an elected official who shall given a copy of
the said inventory and who shall be required to *Elements:
sign the same.
1. That the offender performs an act or act.
The duly recorded authorized movements and
custody of dangerous drugs from the time of 2. That such act or acts are highly scandalous as
confiscation/seizure to the receipt in the offending against decency or good customs.
forensic laboratory to safekeeping to 3. That the highly scandalous conduct is not
presentation in court for destruction. expressly falling within any other article of this
The rule is to ensure that there will be no code.
substitution of the very dangerous drugs 4. That the act or acts complained of be
confiscated from he accused at the time that committed in a public place or within the public
they were presented to court. knowledge or view.
*Inventory in warrantless seizures the officer -Public place – not necessary to have been
may transport the drugs to the nearest police witnessed by one or more persons.
office.
-Public knowledge/view – witnessed by one or
*Section 25 – Positive finding for the use of two persons.
dangerous drugs shall be qualifying aggravating
circumstance. (Special aggravating?) *Crime of last resort.

*Section 26 – Attempt or conspiracy ARTICLE 201 – IMMORAL DOCTRINES,

OBSCENE PUBLICATIONS AND EXHIBITIONS,

AND INDECENT SHOWS

*Acts punished: *Pictures with slight degree of obscenity, not
used for arts sake but for commercial purposes,
1. Public proclamation of doctrines openly
fall under this article.
contrary to public morals;
ARTICLE 202 – VAGRANTS AND PROSTITUTES
2. Publication of obscene literature;
*Vagrancy has been decriminalized by RA10158.
3. The exhibition of indecent shows, plays,
We no longer have the crime of vagrancy. No
scenes or acts in fairs, theaters, cinema or any
person can longer be prosecuted for being a
other places;
vagrant.
4. Selling, giving away or exhibiting films,
*Prostitute – are women who habitually indulge
engraving sculptures or literature, which are
in (1) sexual intercourse or (2) lascivious
offensive to public morals.
conduct, for money or profit.
*Committed only when there is publicity.
RA 9208 – THE ANTI-TRAFFICKING IN PERSONS
*Moral – implies conformity with the generally
ACT OF 2003
accepted standards of goodness or rightness in
conduct or character. *Trafficking in persons – refers to the
recruitment transportation, transfer or
*The author of obscene literature is liable only
harboring, or receipt of persons with or without
*Obscene – something offensive to chastity, the victim’s knowledge or consent, within or
decency or delicacy. (US vs. Kottinger) across national borders by means of threat or

*Test of obscenity – whether the tendency of use of force, or other forms of coercion,
the matter charged as obscene, is to deprive or abduction, fraud, deception, abuse of power or
corrupt those whose minds are open to such of position, taking advantage of the
immoral influences, and into whose hands such vulnerability of the person, or the giving or
as publication may fall, whether or not such receiving of payments or benefits to achieve the
publication or act shocks the ordinary and consent of a person having control over another
common sense of men as an indecency. (US vs. person for the purpose of exploitation which
Kottinger) includes at a minimum the exploitation or the
prostitution of others or other forms of sexual
*Mere nudity in picture and paintings, not an exploitation, forced labor or services, slavery,
obscenity. involuntary servitude or the removal or sale of
*Proper test as regard such pictures: organs.

1. Whether the motive of the picture, as *Qualified trafficking in Persons:

indicated by it, is pure or impure. a. When the trafficked person is a child. b. Inter-
2. Whether it is naturally calculated to excite country adoption. c. When committed by a
impure imaginations. syndicate, or in large scale. d. Offender is an
ascendant, parent, sibling, guardian or a person
*Mere possession of obscene materials is not who exercise authority over the trafficked
punishable – without intention to sell, exhibit or person or by public officer or employee. e.
give them away. When the trafficked person is recruited to
engage in prostitution with any members of the
military or law enforcement agencies. f. When *Government laborer is not a public officer. –
the offender is a member of the military or law But temporary performance of public functions
enforcement agencies. g. The offender party by a laborer makes him a public officer.
dies, becomes insane, suffers mutilation or is
*Misfeasance – Improper performance of some
afflicted with HIV or AIDS.
act which might lawfully done.
*Syndicate – if carried out by a group of 3 or
*Malfeasance – Performance of some act which
more persons conspiring or confederating with
ought not to be done. *Nonfeasance – omission
another.
of some act which ought to be performed.
*Large scale – if committed against 3 or more
204 – 212 KULANG NOTES.
persons individually or a group.
ANTI-GRAFT AND CORRUPT PRACTICES ACT –
*Any person who has personal knowledge of
the commission of any offense under this act, RA 3019
the trafficked persons, the parent, spouse,
siblings, children, or legal guardian may file a ANTI-PUNDER ACT – RA 7080
complaint for trafficking. ARTICLE 204 KNOWINGLY RENDERING UNJUST
*Trafficking cases under this act shall prescribe JUDGMENT
in 10 years – if committed by syndicate or in
large scale 20 years. *Elements:

*Prescriptive period shall commence to run 1. That the offender is a judge.

from the day on which the trafficked person is 2. That he renders a judgment in a case
delivered a released from the conditions of submitted to him for decision.
bondage.
3. That the judgment is unjust.
-Shall be interrupted by the filing of complaint.
4. That the judge knows that his judgment is
-shall commence to run again when such unjust.
proceedings terminate without the accused
being convicted or acquitted. ARTICLE 205 – JUDGMENT RENDERED
THROUGH NEGLIGENCE
ARTICLE 203 – WHO ARE PUBLIC OFFICERS
*Elements:
*To be a public officer, one must be:
1. That the offender is a judge.
1. Taking part in the performance of public
functions in the government or performing in 2. That he renders a judgment in case submitted
said document or in any of its branches, public to him for decision.
duties as an employee, agent or subordinate
3. That the judgment is manifestly unjust.
official, of any rank or class.
4. Due to his unreasonable negligence or
2. That his authority to take part in the
ignorance.
performance of public functions or to perform
public duties must be – a. By direct provision of ARTICLE 206 – UNJUST INTERLOCUTORY
the lawb. By popular election c. By appointment ORDER
by competent authority
*Elements:
1. That the offender is a judge. 2. That the offender accepts an offer or promise
or receives a gift or present by himself or
2. That he performs any of the following acts: a.
through another.
Knowingly renders unjust interlocutory orders
or decree. b. Renders a manifestly unjust 3. That such offer:
interlocutory orders or decree through
a. With a view to committing some crime.
inexcusable negligence or ignorance.
b. In consideration of the execution of an act
ARTICLE 207 – MALICIOUS DELAY IN THE
which does not constitute a crime but the act
ADMINISTRATION OF JUSTICE
must be unlawful.
*Elements:
c. In refraining from doing something which is
1. That the offender is a judge. his official duty to do.

2. That there is a proceeding in the court. 3. He 4. That the act which the offender agrees to
delays the administration of justice. 4. That the perform or which he executes be connected
delay is malicious, that is, the delay is caused by with the performance of his official duty.
the judge with
ARTICLE 211 – INDIRECT BRIBERY
deliberate intent to inflict damage on either of
*Elements:
the party.
1. That the offender is a public officer.
ARTICLE 208 – PROSECUTION OF OFFENSES,
NEGLIGENCE AND TOLERANCE 2. That he accepts gift.
*Acts punished: 3. Gifts are offered to him by reason of his
office.
1. Maliciously refraining from instituting
prosecution against violation of the law. ARTICLE 211-A – QUALIFIED BRIBERY
2. By maliciously tolerating the commission of *Elements:
offense.
1. That the offender is a public officer entrusted
ARTICLE 209 – BETRAYAL OF TRUST BY AN with law enforcement.
ATTORNEY OR SOLICITOR
2. That the offender refrains from arresting or
*Acts punished: prosecuting an offender who has committed
crime punishable by reclusion perpetua or
1. By causing damage to his client, either (1) by
death.
any malicious breach of professional duty, or (2)
inexcusable negligence or ignorance. 3. That the offender refrains from arresting or
prosecuting an offender in consideration of any
2. By revealing any of the secrets of his client
promise, gift or present.
learned by him.
ARTICLE 212 – CORRUPTION OF PUBLIC
ARTICLE 210 – DIRECT BRIBERY
OFFICER
*Elements:
*Elements:
1. That the offender is a public officer.
1. That the offender makes offer or promise or supplies, (2) the making of contracts, or (3) the
gives gift or present to a public officer. adjustment or settlement of accounts relating
to public property or funds.
2. That the offer or promise are made or the
gifts or presents given to a public officer, under 4. That the accused had intent to defraud the
circumstances that will make the public officer government.
liable for direct bribery or indirect bribery.
*The public officer must act in his official
ARTICLE 213 – FRAUDS AGAINST THE PUBLIC capacity.
TREASURY AND SIMILAR OFFENSES
*The crime of fraud against public treasury is
*Acts punished: consummated by merely entering into an
agreement with any interested party or
1. By entering into an agreement with any
speculator or by merely making use of any other
interested party or speculator or making use of
scheme to defraud the government.
any other scheme, to defraud the Government
in dealing with any person with regard to *Elements of illegal exactions:
furnishing
1. That the offender is a public officer entrusted
supplies, the making of contracts, or the with the collection of taxes, licenses, fees and
adjustment or settlement of accounts relating other imposts.
to public property or funds.
2. That he is guilty of any of the following acts
2. By demanding, directly or indirectly, the or omission –a. Demanding, directly or
payment of sums different from or larger than indirectly, the payment of sums different from
those authorized by law, in the collection of or larger than those authorized by law. b. Failing
taxes, licenses, fees and other imposts. voluntarily to issue a receipt, as provided by
law, for any sum of money collected by him
3. By failing voluntary to issue a receipt, as
officially. c. Collecting or receiving, directly or
provided by law, for any sum of money
indirectly, by way of payment or otherwise,
collected by him officially, in the collection of
things or object of a nature different from that
taxes, licenses, fees and other imposts.
provided by law.
4. By collecting or receiving, directly or
*Mere demand for larger or different amount is
indirectly, of payment or otherwise, things or
sufficient to consummate the crime.
objects of a nature different from that provided
by law, in the collection of taxes, licenses, fees *Collecting officer must issue official receipts –
and other imposts. without it he is liable of illegal exaction.

*Elements of frauds against public treasury: *When there is deceit in demanding greater
fees than those prescribed by law, the crime
1. That the offender be a public officer.
committed is estafa and not illegal exaction.
2. That he should have taken advantage of his
*Article 213 is not applicable if the offender is
office, that is, he intervened in the transaction
an officer or employee of BIR or BOC.
in his official capacity.
ARTICLE 214 – OTHER FRAUDS
3. That he entered into an agreement with any
interested party or speculator or made use of *Elements:
any other scheme with regard to (1) furnishing
1. That the offender is a public officer. *Actual fraud is not necessary.

2. That he takes advantage of his position. 3. *Intervention must be by virtue of public office
That he commits any of the frauds or deceits held.
enumerated in articles 315-318.
ARTICLE 217 – MALVERSATION OF PUBLIC
*Articles 315 – 318 are estafa, other forms of FUNDS OR PROPERTY
swindling, swindling minor, and other deceit.
*Elements:
ARTICLE 215 – PROHIBITED TRANSACTIONS
1. Offender is a public officer or employee.
*Elements:
2. That he has the custody or control of funds or
1. That the offender is an appointive public property by reason of the duties of his office.
officer.
3. Those funds or property were public funds or
2. That he becomes interested, directly or property for which he was accountable.
indirectly, in any transaction of exchange or
4. He appropriated took, misappropriated or
speculation.
consented, or through abandonment or
3. That the transaction takes place within the negligence, permitted another person to take
territory subject to his jurisdiction. them.

4. That he becomes interested in the *Offender is an accountable officer – is an

transaction during his incumbency. officer in the course of the performance of his
duties receives funds or property from the
*The transaction must be one of exchange or
government which he has the obligation to
speculate.
account later.
*Purchasing of stocks or shares in a company is
*Punishable act:
simply an investment and is not a violation of
this article. – But buying regularly securities for 1. Appropriating public funds or property.
resale is speculation.
2. Taking or misappropriating the same.
ARTICLE 216 – POSSESSION OF PROHIBITED
3. Consenting, through abandonment or
INTEREST BY PUBLIC OFFICERS
negligence, permitting any other person to take
*Persons liable: such public funds.

1. Public officers who, directly or indirectly, 4. Being otherwise guilty of the

became interested in any contract or business misappropriation or malversation of such funds
in which it was his official duty to intervene. or property.

2. Experts, arbitrators, and private accountants *Malversation of public funds and property can
who, in like manner, took part in any contract or be committed either:
transaction connected with the estate or
1. Positive act – through deliberate intent or
property in the appraisal distribution of
through dolo, he is the one who appropriates or
adjudication of which they had acted.
misappropriates, who took the said public funds
3. Guardians and executors with respect to the or property.
property belonging to their wards or the estate.
2. Passive act – through abandonment or that reasonable care and caution which an
negligent, or culpa, he allowed others to ordinary prudent person would have used in the
appropriate or misappropriate the said public same situation, if not, guilty of negligence.
funds or property.
*Return of funds malversed is only mitigating.
*There is prima facie presumption of
*When the shortage is paid by public officer
malversation – when demand is made by duly
from his pocket, he is not liable for
authorized officer to an accountable public
malversation.
officer to account for public funds or property,
and the same is not forthcoming. – *Demand not necessary in malversation.
a. The public officer indeed receives the public ARTICLE 218 – FAILURE OF ACCOUNTABLE
funds or property. That is, he is an accountable OFFICER TO RENDER ACCOUNTS
public officer. b. The said public funds and
property was missing, or there was a shortage, *Elements:
or he cannot produce it. c. The said public 1. That the offender is a public officer, whether
officer cannot give a justifiable reason, a legal in the service or separated therefrom.
excuse for the said shortage or missing of public
funds or property. 2. That he must be an n accountable officer for
public funds or property.
*When a public officer had no authority to
receive the money the government and upon 3. That he is required by law or regulation to
receipt of the same he misappropriates it, the render accounts to the commission on audit, or
crime committed is estafa and not malversation. to a provincial auditor.

*A public officer having only a qualified charge 4. That he fails to do so for a period of 2 months
of government property without authority to after such accounts should be rendered.
part with physical possession of it unless upon *Demand for accounting is not necessary.
order from his immediate superior, cannot be
held liable for malversation. *Misappropriation is not necessary.

*Even private parties who participate as co- ARTICLE 219 – FAILURE OF A RESPONSIBLE
perpetrators in the offense of malversation PUBLIC OFFICER TO RENDER ACCOUNTS
could be penalized for the commission of such BEFORE LEAVING THE COUNTRY
crime.
*Elements:
*The provision of article 217 shall apply to
1. That the offender is a public officer.
article 222 when –
2. That he must be an accountable officer for
1. Private individuals who. In any capacity
public funds and property.
whatsoever, have charge of national, provincial
or municipal funds, revenue or property. 2. Any 3. That he must have unlawfully left (or be on
administrator or depositor of funds or property the point of leaving) the Philippines without
attached, seized or deposited by public securing from the commission on audit a
authority. certificate showing that his accounts have been
finally settled.
*Test to determine negligence – did the
defendant in doing the alleged negligent act use
*The act of leaving the country must be 3. He fails to make the payment maliciously.
unauthorized or not permitted by law.
*Private individuals who may be liable under

217-221 –
ARTICLE 220 – ILLEGAL USE OF PUBLIC FUNDS
1. Private individuals who, in any capacity
OR PROPERTY (TECHNICAL MALVERSATION)
whatever, have charge of any national,
*Elements: provincial or municipal funds, revenue or
property.
1. That the offender is a public officer.
2. Administrator or depository funds or
2. There is public fund or property under his
property, attached, seized or deposited
administration.
by public authority, even if such property
3. Such public fund or property has been
belongs to a private individual.
appropriated by law or ordinance.
ARTICLE 223 – CONNIVING WITH OR
4. That he applies the same to a public use
CONSENTING TO EVASION
other than that for which such fund or property
has been appropriated by law or ordinance. *Elements:

*There is no technical malversation if there is 1. That the offender is a public officer.

no a law or ordinance appropriating public fund
2. That he had in his custody or charge, a
or property for a particular purpose.
prisoner either detention prisoner or prisoner
*Technical malversation is not included in nor by final judgment.
does it necessarily include the crime of
3. That such prisoner escaped from his custody.
malversation of public funds.
4. That he was in connivance with the prisoner
ARTICLE 221 – FAILURE TO MAKE DELIVERY OF
in the latter escape.
FUNDS OR PROPERTY
*Connivance with the prisoner in his escape is
*Acts punished:
an indispensable element of the offense.
1. By failing to make payment by a public officer
*Classes of prisoners involved –
who is under obligation to make such payment
from government funds in his possession. - Fugitive sentenced by final judgment.
2. By refusing to make delivery by a public - Fugitive only as detention prisoner for any
officer who has been ordered by competent crime or violation of law or municipal
authority to deliver any property in his custody ordinance.
or under his administration.
*A detention prisoner is a person in legal
*Elements of failure to make payment: custody, arrested for, and charged with, some
crime or public offense.
1. The public officer has government funds in
his possession. *Release of detention prisoner who could not
be delivered to the judicial authority within the
2. He is under obligation to make payment from
time fixed by law, is not infidelity in the custody
such funds.
of prisoner.
*Leniency or laxity is not infidelity. consented to the escape of the person he
arrested.
*Relaxation of imprisonment is considered
infidelity.

ARTCILE 224 – EVASION THROUGH

NEGLIGENCE
ARTICLE 226 – REMOVAL, CONCEALMENT OR
*Elements: DESTRUCTION OF DOCUMENT

1. That the offender is a public officer. *Elements:

2. That he is charged with the conveyance or 1. That the offender be a public officer.
custody of a prisoner, either
2. That he obstructs, destroys or conceals
detention prisoner or prisoner by final documents or papers.
judgment.
3. That the said documents or papers should
3. That such prisoner escapes through his have been entrusted to such public officer by
negligence. reason of his office.

*What is punished in evasion thru negligence is 4. That damage, whether serious or not, to a
such a definite laxity as all but amounts to third party or to the public interest should have
“deliberate non-performance of duty” on the been caused.
part of the guard. – Not every negligence or
*The document must be complete and one by
distraction of a guard is penalized.
which a right could be established or an
*The fact that the public officer recaptured the obligation could be extinguished.
prisoner who had escaped from his custody
ARTICLE 227 – OFFICER BREAKING SEAL
does not afford complete exculpation.
*Elements:
ARTICLE 225 – ESCAPE OF PRISONER UNDER
THE CUSTODY OF A PERSON NOT A PUBLIC 1. That the offender is a public officer.
OFFICER
2. That he is charged with the custody of papers
*Elements: or property.
1. That the offender is a private person. 3. That these papers or property are sealed by
proper authority.
2. That the conveyance or custody of a prisoner
or person under arrest is confided to him. 4. That he breaks the seal or permits them to be
broken.
3. That the prisoner or person under arrest
escapes. *Crime is committed by breaking or permitting
seal to be broken.
4. That the offender consents to the escape of
the prisoner or person under arrest, or that the *Damage or intent to cause damage is not
escape takes place through his negligence. necessary.
*Article 225 is not applicable if a private person *The opening of public papers by breaking seals
was the one who made the arrest and he should be done only by the proper authority.
ARTICLE 228 – OPENING OF CLOSED 4. He delivers those papers or copies thereof to
DOCUMENTS a third person.

*Elements: 5. The delivery is wrongful.

1. That the offender is a public officer. 6. Damage be cause to public interest.

2. That any closed papers, documents or objects ARTICLE 230 – PUBLIC OFFICER REVEALING
are entrusted to his custody. SECRETS OF PRIVATE INDIVIDUAL

3. That he opens or permits to be opened said *Elements:

closed papers, documents or objects.
1. That the offender is a public officer.
4. That he does not have proper authority.
2. That he knows of the secret of a private
*Custody – guarding or safekeeping. individual by reason of his office.

*Closed document must be entrusted to the 3. That he reveals such secrets without
custody of the accused by reason of his office. authority or justifiable reason.

ARTICLE 229 – REVELATION OF SECRETS BY AN *Revelation to one person is sufficient.

OFFICER *Article 230 is not applicable when the offender

is an attorney at law or a solicitor but article
*Acts punishable:
209.
1. By revealing any secrets known to the
offending public officer by reason of his official *Damage to private individuals not necessary.
capacity.
ARTICLE 231 – OPEN DISOBEDIENCE
2. By delivering wrongfully papers or copies of
*Elements:
papers of which he may have charge and which
should not be published. 1. That the offender is a judicial or executive
officer.
*Elements of 1st act:
2. That there is a judgment, decision or order of
1. That the offender is a public officer.
a superior authority.
2. He knows of secret by reason of his official
3. That such judgment, decision or order was
capacity.
made within the scope of the jurisdiction of the
3. He reveals such secrets without authority or superior authority and issued with all the legal
justifiable reasons. formalities.

4. That damage, great or small, be caused to the 4. That the offender without any legal
public interest. justification openly refuses to execute the said
judgment, decision or order which he is duty
*Elements of 2nd act:
bond to obey.
1. That the offender is a public officer.

2. He has charge of papers.

3. Those papers should not be published.

 2. That he refuses to be sworn in or to discharge
the duties of said office.

3. That there is no legal motive for such refusal

to be sworn in or to discharge the duties of said
ARTICLE 232 – DISOBEDIENCE TO ORDER OF office.
SUPERIOR OFFICER, WHEN SAID ORDER WAS
*Shall refuse without legal motives.
SUSPENDED BY INFERIOR OFFICER
*Article 234 is not applicable to appointive
*Elements:
officer.
1. That the offender is a public officer.
ARTICLE 235 – MALTREATMENT OF PRISONERS
2. That an order is issued by his superior for
*Elements:
execution.
1. That the offender is a public officer or
3. That he has for any reason suspended the
employee.
execution of such order.
2. That he has under his charge a prisoner or
4. That his superior disapproves the suspension
detention prisoner.
of the execution of the order.
3. That he maltreats such prisoner in either of
5. That the offender disobeys his superior
the following manners: a. By overdoing himself
despite the disapproval of the suspension.
in the correction or handling of a prisoner or
*This article does not apply if the order of the detention prisoner under his charge either – i.
superior is illegal. By the imposition of punishments not
authorized by the regulation, or ii. By inflicting
ARTICLE 233 – REFUSAL OF ASSISTANCE such punishment in a cruel and humiliating
*Elements: manner; or b. By maltreating such prisoner to
extort a confession or to obtain
1. That the offender is a public officer.
some information from the prisoner.
2. That a competent authority demands from
the offender that he lend his cooperation *Offender may also be liable for physical
towards the administration of justice or other injuries or damage caused, no complex –
public service. separate.

3. That the offender fails to do so maliciously. ARTICLE 236 – ANTICIPATION OF DUTIES OF A

*Damage to public interest or to a third party is PUBLIC OFFICE

essential. *Elements:
ARTICLE 234 – REFUSAL TO DISCHARGE 1. That the offender is entitled to hold a public
ELECTIVE OFFICE office or employment, either by election or
appointment.
*Elements:
2. That the law requires that he should first be
1. That the offender is elected by popular sworn in and/or should first give a bond.
election to a public office.
3. That he assumes the performance of the *Elements:
duties and powers of such office.
1. That the offender is a judge.
4. That he has not taken his oath of office
2. That he (a) assumes a power pertaining to
and/or given the bond required by law.
the executive authorities or (b) obstructs the
ARTICLE 237 – PROLONGING PERFORMANCE executive authorities in the lawful exercise of
their powers.
OF DUTIES AND POWERS
*Legislative officers are not liable for usurpation
*Elements:
of powers – usurpation of public office.
1. That the offender is holding a public office.
ARTICLE 241 – USURPATION OF JUDICIAL
2. That the period provided by law, regulation
FUNCTIONS
or special provision for holding such, has
already expired. *Elements:

3. That he continues to exercise the duties and 1. That the offender is an officer of the
powers of such office. executive branch of the Government.

ARTICLE 238 – ABANDONMENT OF OFFICE OR 2. That he (a) assumes judicial powers, or (b)
obstructs the execution of any order or decision
POSITION
rendered by any judge within his jurisdiction.
*Elements:
*Article 239-241 punishes interference by
1. That the offender is a public officer. officers of one of the three departments of
government with function of officers of another
2. That he formally resigns from his position. department.
3. That his resignation has not yet been ARTICLE 242 – DISOBEYING REQUEST FOR
accepted.
DISQUALIFICATION
4. That he abandons his office to the detriment
of the public service. *Elements:

ARTICLE 239 – USURPATION OF LEGISLATIVE 1. That the offender is a public officer.

POWERS 2. That a proceeding is pending before such

public officer.
*Elements:
3. That there is a question brought before the
1. That the offender is an executive or judicial proper authorities regarding his jurisdiction,
officer. which is not yet decided.
2. That he (a) makes general rules or regulations 4. That he has been lawfully required to refrain
beyond the scope of his authority, or (b) from continuing the proceeding.
attempts to repeal a law or (c) suspends the
execution thereof. 5. That he continues the proceedings.

ARTICLE 240 – USURPATION OF EXECUTIVE ARTICLE 243 – ORDERS OR REQUESTS BY

FUNCTIONS EXECUTIVE OFFICERS TO ANY JUDICIAL

AUTHORITY c. The wife, daughter, sister or relative within
the same degree by affinity of the person in the
*Elements:
custody of the offender.
1. That the offender is an executive officer.
*Solicit – propose earnest and persistently
2. That he addresses any order or suggestion to something unchaste and immoral to woman.
any judicial authority.
*The crime of abuse against chastity is
3. That the order or suggestion relates to any consummated by mere proposal.
case or business coming within the exclusive
jurisdiction of the court of justice.

ARTICLE 244 – UNLAWFUL APPOINTMENTS ARTICLE 246 – PARRICIDE

*Elements: *Elements:

1. That the offender is a public officer. 1. That a person is killed.

2. That he nominates or appoints a person to a 2. That the deceased is killed by the accused.
public officer. 3. That the deceased is the father, mother or
3. That such person lacks the legal qualification child whether legitimate or illegitimate, or a
thereof. legitimate other ascendants or other
descendant, or the legitimate spouse of the
4. That the offender knows that his nominee or accused.
appointee lacks the qualification at the time he
made the nomination or appointment. *Relationship of the offender with the victim is
the essential element of this crime.
ARTICLE 245 – ABUSES AGAINST
*Parents and children are not included in the
CHASTITY term “ascendants” or “descendants”.
*Elements: *Father, mother or child – whether legitimate
1. That the offender is a public officer. or illegitimate.

2. That he solicits or make immoral or indecent *Ascendant, descendant, or spouse – must be

advances to a woman. legitimate.

3. That such woman must be – *Illegitimate – embraces all children born out of
wedlock.
a. Interested in matters pending before the
offender for decision, or with respect to which *The child should not be less than 3 days old –
he is required to submit a report to or consult infanticide.
with a superior officer; *Only relatives by blood and in direct line,
b. Under the custody of the offender who is a except spouse, are considered in parricide. -
warden or other public officer directly charged Siblings – collateral line – not included in
with the care and custody of prisoners or parricide.
person under arrest; *Therefore, an adopted father or adopted sons
are not included in this provision.
*There is parricide through reckless imprudence *Article 247 is not applicable when the accused
and parricide by mistake. did not see his spouse in the act of sexual
intercourse with another person.
*Stranger who cooperates and takes part in the
commission of the crime of parricide is not *Sexual intercourse does not include
guilty of parricide but only homicide or murder preparatory acts (According to J. Laurel mali
as the case may be. daw mga justices nagtampo.)

*Relationship between the offended party and *The killing or inflicting of serious physical
the offender must be stated in the information. injuries must be:

ARTICLE 247 – DEATH OR PHYSICAL 1. In the act of sexual intercourse.

INJURIES INFLICTED UNDER EXCEPTIONAL 2. Immediately thereafter. – there must not be
CIRCUMSTANCES lapse of time between the surprising and killing
*Elements: (must be a continuing process)

1. That a legally married person or a parent *The killing must be the direct by-product of the
surprises his spouse or daughter, the latter accused rage.
under 18 years of age and living with him, in the *Justification of article 247 – considers the
act of committing sexual intercourse with spouse or parent as acting in a justified burst of
another person. passion.
2. That he or she kills any or both, of them or *If he shall inflict upon them physical injuries of
inflicts upon any of them any serious physical any other kind, he shall be exempt from
injury in the act or immediately thereafter. punishment.
3. That he has not promoted or facilitate the
ARTICLE 248 – MURDER
prostitution of his wife or daughter, or that he
or she has not consented to the infidelity of the *Elements:
other spouse.
1. That a person was killed.
*Article 247 does not define and penalize a
felony. 2. That the accused killed him.

3. That the killing was attended by any of the

*The accused must be legally married
qualifying circumstances mentioned in article
person.
248.
*Parent may not be legitimate, it requires only
4. That the killing is not parricide or infanticide.
(1) that the daughter be less than 18 years old,
and (2) that she is living with her parents. *Qualifying circumstances –

*Surprise – to come upon suddenly and 1. Treachery, taking advantage of superior

unexpectedly. strength, with the aid of armed men, or
employing means to weaken the defense, or of
*Surprising the spouse or young daughter in the
means or persons to insure or afford impunity.
act of sexual intercourse, indispensable
requisite – not before, not after. 2. In consideration of price, reward or promise.
3. By means of inundation, fire, poison, 2. That at the time of attack, the victim was not
explosion, shipwreck, stranding of vessel, in position to defend himself.
derailment or assault upon a railroad, fall of an
*Essence of treachery is the suddenness and
airship, by means of motor vehicles, or with the
unexpectedness of the act to a victim who has
use of any other means involving great waste
not even the slightest provocation, the victim
and ruin.
must be totally without defense.
4. On occasion of any calamities, or of an
*If the victim was able to put out any defense,
earthquake, eruption of a volcano, destructive
no matter how minor, treachery is not present.
cyclone, epidemic or any other public
calamities. *Whenever the offended party is a minor, there
is always treachery because the minor is always
5. With evident premeditation.
defenseless.
6. With cruelty, by deliberately and inhumanly
*Taking advantage of superior strength –means
augmenting the suffering of the victim or
be employed to weaken the defense. Par. 15
outraging or scoffing at his person or corpse.
Article 14
*In murder, the victim must be killed to
*Requisites:
consummate the crime.
1. That there is a notorious inequality of forces
*The offender must have intent to kill.
between the offender and the offended party in
*Murder will exist with only one of the terms of their age, size and strength.
circumstances described in article 248.
2. That the offender took advantage of this
*When more than one of said circumstances inequality of force to facilitate the commission
are present, the other must be considered as of the crime.
generic aggravating.
*With the aid of armed men. Paragraph 8,
*When the other circumstances are absorbed
Article 14
or included in one qualifying circumstance, they
cannot be considered as generic aggravating. - The armed men aided the offender in the
commission of the crime. The aid given by the
*Any of the qualifying circumstances
armed men maybe direct or indirect
enumerated in article 248 must be alleged in
participation in the commission of the crime.
the information to qualify the crime.
*Employing means or persons to insure or
*The qualifying circumstances of murder except
afford impunity. Paragraph 14, Article 14 -
“outraging or scoffing at his person or corpse”,
When means or persons are employed by the
are among those defined in article 14.
accused who killed the deceased to prevent his
*Treachery (Alevosia) Paragraph 16 Article 14. being recognized or to secure himself against
detection and punishment.
*Elements:
*In consideration of price, reward or promise.
1. That the offender deliberately adopted the
Paragraph 11, Article 14
particular means, method or forms of attack
employed by him. - Should be considered both against the person
who made the offer and the person who
accepted the price, reward or promise. - It is *Scoffing – to jeer, and implies a showing of
necessary that the price, reward or promise irreverence.
must be the prime reason for the principal by
direct participation to commit the crime. ARTICLE 249 – HOMICIDE
*By means of fire, poison, explosion, etc. *Elements:
Paragraph 12, Article 14 1. That a person was killed.
- Treachery and evident premeditation are 2. That the accused killed him without any
inherent in murder by poison. justifying circumstances.
*With evident premeditation. Paragraph 13, 3. That the accused had the intention to kill,
Article 14 which is presumed.

*Requisites: 4. That the killing was not attended by any of

the qualifying circumstances of murder, or by
1. The time when the offender determined to that of parricide or infanticide.
commit the crime.
*The penalty when the victim of homicide is
2. An act manifestly indicating that the culprit under 12 years of age – reclusion perpetua –
has clung to his determination. one degree higher.
3. Sufficient lapse of time between the *Intent to kill is conclusively presumed when
determination and execution, to allow him to death resulted.
reflect upon the consequences of his act.
*Evidence of intent to kill is important only in
*With cruelty. Paragraph 21, Article 14 attempted or frustrated homicide.
*Elements: *Without intent – he is only liable for physical
1. That at the time of the infliction of the injuries.
physical pain, the offended party is still alive. *No offense of frustrated and attempted
2. That the offender enjoys and delights in homicide, through imprudence – the element of
seeing his victim suffer gradually by the intent to kill is incompatible with negligence or
infliction of the physical pain. imprudence.

*Requisites: *Use of unlicensed firearm is an aggravating

circumstance in homicide/murder.
1. The injury caused be deliberately increased
by causing other wrong. - Crime is no longer qualified illegal possession,
but murder or homicide, as the case may be.
2. The other wrong be unnecessary for the
execution of the purpose of the offender. *Accidental homicide – the death of a person
brought about by a lawful act performed with
*Outraging or scoffing at the person or corpse proper care and skill, and with homicidal intent.
of the victim
*Corpus delicti – That a crime was actually
*Outraging – to commit an extremely vicious or perpetrated and does not refer to the body of
deeply insulting act. the murdered person.
ARTICLE 250 – PENALTY FOR FRUSTRATED *Persons liable for death in tumultuous affray:
PARRICIDE, HOMICIDE OR MORDER
1. The person or persons who inflicted the
-Courts may impose a penalty two degrees serious physical injuries.
lower for frustrated.
2. If it is not known who inflicted the serious
-Three degrees for attempted. physical injuries on the deceased, all the
persons who used violence upon the person of
ARTICLE 251 – DEATH CAUSED IN A
the victim, but with lesser liability.
TUMULTUOUS AFFRAY
*Those who used violence upon the person of
*Elements: the victim are liable for death caused in
tumultuous affray only if it cannot be
1. That there be several persons. determined who inflicted the serious physical
2. That they did not compose groups organized injuries on the deceased.
for the common purpose of assaulting and ARTICLE 252 – PHYSICAL INJURIES INFLICTED IN
attacking each other reciprocally.
A TUMULTUOUS AFFRAY
3. That these several persons quarreled and
assaulted one another in a confused and *Elements:
tumultuous manner.
1. That there is tumultuous affray as referred to
4. That someone was killed in the course of the in the preceding article.
affray.
2. That a participant or some participants
5. That it cannot be ascertained who actually thereof suffer serious physical injuries or less
killed the deceased. serious physical injuries.

6. That the person or persons who inflicted 3. That the person responsible thereof cannot
serious physical injuries or who used violence be identified.
can be identified.
4. That all those who appear to have used
*Tumultuous affray exist when at least four violence upon the person of the offended party
persons took part. are known.

*Tumultuous – more than 3 persons who are *The injured in the crime of physical injuries
armed or are provided with means of violence. inflicted in a tumultuous affray must be one or
some of the participants in the affray.
*When there are two identified group of men
who assaulted each other, then there is no *Penalty is one degree lower than that for
tumultuous affray. physical injury inflicted – persons who used
violence.
*The person killed in the course of the affray
need not be one of the participants in the *Slight physical injuries are not included.
affray.
ARTICLE 253 – GIVING ASSISTANCE TO SUICIDE
*If the one who inflicted the fatal wound is
*Acts punished:
known, the crime is not homicide in tumultuous
affray.
1. By assisting another to commit suicide, physical injuries when the physical injuries are
whether the suicide is consummated or not. serious or less serious.

2. By lending his assistance to another to *The crime is discharge of firearm, even if the
commit suicide to the extent of doing the killing gun was not pointed at the offended party
himself. when it fired, as long as it was initially aimed by
the accused at or against the offended party.
*A person who attempts to commit suicide is
not criminally liable. ARTICLE 255 – INFANTICIDE

*In order to incur criminal liability for the result *Elements:

not intended (Article 4 paragraph 1), one must
1. That a child was killed.
be committing a felony. – (Intentional felony.?)
2. That the deceased child was less than three
*Assistance to suicide is different from mercy-
days of age (72hours)
killing.
3. That the accused killed the said child.
*Mercy killing is the practice of painlessly
putting to death a person suffering from some *Infanticide – the killing of any child less than
incurable decease – liable for murder or three days of age, whether the killer is the
parricide – the person killed does not want to parent or grandparent, any other relative of the
die. child, or a stranger.
ARTICLE 254 – DISCHARGE OF FIREARMS *The penalty is that for parricide or murder, but
the name of the crime is always infanticide.
*Elements:
*The mother and maternal grandparents of the
1. That the offender discharges a firearm
child are entitled to the mitigating circumstance
against or at another person.
of concealing the dishonor. – it is akin to a
2. That the offender has no intention to kill that
privilege mitigating
person.
- Mother – 2 degree lower
*The act constituting the offense is shooting at
another with any firearm, without intent to kill - Maternal grandparents – 1 degree lower
him.
*Delinquent mother who claims concealing
*Firing a gun against the house of the offended dishonor must be of good reputation.
party at random, not knowing in what part of
the house the people inside were is only alarms *No crime of infanticide is committed where
under article 155. the child was born dead, or although born alive,
it could not sustain an independent life when it
*There must be no intention to kill. was killed.
*The purpose of the offender is only to ARTICLE 256 – INTENTIONAL ABORTION
intimidate or frighten the offended party.
*Ways of committing intentional abortion:
*If in the illegal discharge of firearm, the
offended party is hit and wounded, there is a 1. By using any violence upon the person of the
complex crime of discharge of firearm with pregnant woman.
2. By acting, but without using violence, without *Unintentional abortion is committed only by
consent of the woman. violence – actual physical force.

3. By acting, with the consent of the pregnant *There is unintentional abortion thru
woman. imprudence.

*Elements: *The crime of abortion, even unintentional, to

be held committed, the accused must have
1. That there is a pregnant woman.
known the pregnancy (Supreme Court of Spain)
2. That violence is exerted, or drugs or
*May be complex with homicide, parricide…
beverages administered, or that the accused
otherwise acts upon such pregnant woman. ARTICLE 258 – ABORTION PRACTICED BY THE

3. That as a result of the use of violence or WOMAN HERSELF OR BY HER PARENTS

drugs or beverages upon her, or any other act
*Elements:
of the accused, the foetus dies, either in the
womb or after having been expelled therefrom. 1. That there is a pregnant woman who has
suffered an abortion.
4. That the abortion is intended.
2. That the abortion is intended.
*Abortion – the willful killing of the foetus in
the uterus, or the violent expulsion of the 3. That the abortion is caused by –a. The
foetus from the maternal womb which results in pregnant woman herself. b. Any other person
the death of the foetus. with her consent.
*In abortion, the foetus may be over or less c. Any of her parents, with her consent for the
than six months old. purpose of concealing her dishonor.
*The person who intentionally caused the *The other person who caused the abortion
abortion and the woman if she consented, are with her consent is liable under article 256.
liable.
*Liability of the pregnant woman is mitigated if
*If the foetus could sustain an independent life, purpose is to conceal dishonor.
after its separation from maternal womb, and it
is killed, the crime is infanticide. *No mitigating for parents of pregnant woman
even if the purpose is to conceal dishonor –
ARTICLE 257 – UNINTENTIONAL ABORTION unlike in infanticide.
*Elements: ARTICLE 259 – ABORTION PRACTICED BY A
1. That there is a pregnant woman. PHYSICIAN OR MIDWIFE AND DISPOSING OF
2. That violence is used upon such pregnant ABORTIVES
woman without intending an abortion.
*Elements:
3. That the violence is intentionally exerted.
1. That there is a pregnant woman who has
4. That as a result of the violence the foetus suffered an abortion.
dies, either in the womb or after having been
expelled therefrom. 2. That the abortion is intended.
3. That the offender, who must be a physician 1. By challenging another to a duel.
or midwife, causes or assist in causing the
2. By inciting another to give or accept a
abortion.
challenge to a duel.
4. That said physician or midwife takes
3. By scoffing at or decrying another publicly for
advantage of his or her scientific knowledge or
having refused to accept a challenge to fight a
skill.
duel.
*Elements as to pharmacists:
*A challenge to fight, without contemplating a
1. That the offender is a pharmacist. duel, is not challenging to a duel.

2. That there is no proper prescription from a *Person responsible –

physician.
1. Challenger, and
3. That the offender dispenses any abortive.
2. Instigators
*It is not necessary that the pharmacist knows
ARTICLE 262 – MUTILATION
that the abortive would be used to cause an
abortion. *Mutilation – the lopping or the clipping off of
some part of the body.
ARTICLE 260 – RESPONSIBILITY OF
*Two kinds of mutilation:
PARTICIPANTS IN A DUEL
1. By intentionally mutilating another by
2. By inflicting upon such adversary physical
depriving him, either totally or partially, of
injuries.
some organs for reproduction.
3. By making a combat although no physical
2. By intentionally making other mutilation, that
injuries have been inflicted.
is, by lopping or clipping off any part of the body
*Duel – formal or regular combat previously of the offended party, other than the essential
conserted between two parties in the presence organ for reproduction, to deprive him of that
of two or more seconds of lawful age on each part of his body.
side, who make the selection of arms and fix all
*Elements of the 1st:
the other conditions of the fight.
1. That there be a castration that is, mutilation
*Who are liable in duel –
of organs necessary for generation, such as the
1. The person who killed or inflicted physical penis or ovarium.
injuries upon his adversary, or both combatants
2. That the mutilation is caused purposely and
in any other case, as principals.
deliberately that is, to deprive the offended
2. The seconds, as accomplices. party of some essential organ for reproduction.

*If death results, the penalty is the same as that *Mutilation of first kind is castration which must
for homicide. be made purposely.

ARTICLE 261 – CHALLENGING TO A DUEL *When the victim of other mutilation is less
than 12 years of age the penalty is reclusion
*Acts punished:
perpetua.
*If the mutilation is not caused purposely and *Impotence – inability to copulate it includes
deliberately so as to deprive the offended party sterility.
of a particular part of his body, the case will be
*Blindness – must be two eyes, blindness must
considered as serious physical injuries.
be complete or total blindness.
ARTICLE 263 – SERIOUS PHYSICAL INJURIES
*Loss of an eye – one eye is sufficient.
*How are serious physical injuries committed:
*Paragraph 2
1. By wounding
*It must be loss of power to hear of both ears –
2. By beating if only one, it is covered under 3rd paragraph.

3. By assaulting *Loss of use of hand or incapacity for usual

work must be permanent.
4. By administering injurious substances
*All those mentioned in paragraph 2 are
*May be committed by reckless imprudence, or
principal members of the body.
by simple imprudence or negligence.
*Paragraph 3
*What are serious physical injuries:
*Paragraph 3 covers any member which is not
1. When the injured person becomes insane,
principal member of the body.
imbecile, impotent or blind in consequence of
the physical injuries inflicted. *It is serious physical injury when the offended
party becomes deformed. – Physical ugliness,
2. When the injured person (a) loses the use of
permanent and definite abnormality. It must be
speech or the power to hear or to smell, or
conspicuous and visible.
loses an eye, a hand, a foot, an arm, or a leg, or
(b) loses the use of any such member, or (c) *Deformity requires:
becomes incapacitated for the work in which he
1. Physical ugliness
was therefore habitually engaged, in
consequence of the physical injuries inflicted. 2. Permanent and definite abnormality
3. When the person injured (a) becomes 3. Conspicuous and visible
deformed, or (b) loses any member of his body,
or (c) loses the use thereof, or (d) becomes ill or *loss of teeth – if impaired the appearance it is
incapacitated for the performance of the work deformity (loss of tooth. Same same)
in which he was habitually engaged for more *The injury contemplated by the code is an
than 90 days, in consequence of the physical injury that cannot be repaired by action of
injuries inflicted. nature.
4. When the injured person becomes ill or *Front tooth is a member of the body.
incapacitated for labor for more than 30 days
(but not more than 90 days) as a result of the *Loss of power to hear of right ear only is loss of
physical injuries inflicted. use of other part of body.

*There must be no intent to kill. *There is illness for certain period of time, when
the wound inflicted did not heal within that
*Paragraph 1 period.
*Medical attendance is not important in serious -That the physical injuries must not be those
physical injuries. described in the preceding articles.

*Work includes studies or preparation for a *Circumstances that will qualify less serious
profession. physical injuries:

*Paragraph 4 1. When there is manifest intent to insult or

offend the injured person.
*Paragraph 4 speaks of incapacity for any kind
of labor. 2. When there is circumstances adding
ignominy to the offense.
*Injury requiring hospitalization for more than
3. When the victim is the offender’s parents,
30 days is serious physical injury.
ascendants, guardians, curators or teachers.
*There is no incapacity if the injured party could
4. When the victim is a person of rank or person
still engage in his work although less effective
in authority, provided the crime is not direct
than before.
assault.
*Qualified serious physical injuries if committed
*Medical attendance or incapacity is required in
against any person enumerated in parricide or
less serious physical injuries.
with the attendance of any circumstances in
murder. *It is only slight physical injuries when there is
no medical attendance or incapacity for labor.
*Serious physical injuries by excessive
chastisement by parents are not qualified. ARTICLE 266 – SLIGHT PHYSICAL INJURIES AND

ARTICLE 264 – ADMINISTERING INJURIOUS MALTREATMENT

SUBSTANCES OR BEVERAGES *3 kinds of slight physical injuries:

*Elements: 1. Physical injuries which incapacitated the

offended party for labor from one to nine days,
1. That the offender inflicted upon another any
or required medical attendance during the same
serious physical injury.
period.
2. That it was done by knowingly administering
2. Physical injuries which did not prevent the
to him any injurious substances or beverages or
offended party from engaging in his habitual
by taking advantage of his weakness of mind or
work or which did not require medical
credulity.
attendance.
3. That he had no intent to kill.
3. Ill-treatment of another by deed without
ARTICLE 265 – LESS SERIOUS PHYSICAL causing any injury.
INJURIES
*Some hours after nine days, not amounting to
*That the offended party is incapacitated for
10 days.
labor for 10 days or more (but not more than
*In the absence of proof as to the period of the
30 days) or needs medical attendance for the
offended party’s incapacity for labor or of the
same period of time.
required medical attendance – slight physical *If it involves physical abuse, it shall prescribe
injuries only after 20 years, if it involves psychological, sexual
and economical abuse, it shall prescribe in 10
*Supervening event converting the crime into
years.
serious physical injuries after the filing of the
information for slight physical injuries can still *Battered woman syndrome – scientifically
be the subject of a new change. defined pattern of psychological and behavioral
symptoms found in the battering relationship as
a result of cumulative abuse.

*Cycle:
RA 9262 – ANTI-VIOLENCE AGAINST WOMEN
1. Tension building phase 2. Acute battering
AND THEIR CHILDREN ACT OF 2004
phase 3. Tranquil loving phase
*Any act or a series of acts committed by any
*Exempted from both criminal and civil liability.
person against a woman who is his wife, former
wife, or against a woman with whom the person RA 8049 – ANTI-HAZING LAW
has or had a sexual or dating relationship, or
*Hazing – An initiation rite or practice which is
with whom he has a common
used as an admission into membership in any
child whether legitimate or illegitimate within fraternity or any other organization wherein the
or without the family abode, which result in or said recruit/neophyte is placed under an
is likely to result in physical, sexual, embarrassing or humiliating situations or
psychological harm or suffering, or economic subjecting him into psychological or physical
abuse including threats of such acts, battery, injury or crime.
assault, coercion, harassment or arbitrary
*Hazing is allowed provided that the following
deprivation of liberty.
requisites are present:
a. Physical violence – acts that include bodily or
1. There must be prior written notice sent to the
physical harm.
head of the school authority or the head off the
b. Sexual violence – act which is sexual in organization 7 days before the said initiation
nature, committed against a woman or her rites and their prior written notice shall contain
child. the following: a. It shall indicate the date of the
said initiation rites which shall not be more than
c. Psychological violence – acts or omissions
3 days. b. It shall indicate/state the name of the
causing or likely to cause mental or emotional
neophytes or applicants who will undergo the
suffering of the victim.
said hazing or initiation rites. c. It shall contain
d. Economic abuse – acts that make or attempt an undertaking which states that there shall be
to make a woman financially dependent. no physical violence employed in any form on
these neophytes, recruits or applicants.
*Dating relationship – a situation wherein the
parties live as husband and wife without the 2. Upon the receipt of such prior written notice,
benefit of marriage or are romantically involved the head of the school or organization shall
over time and on a continuing basis during the assign at least 2 representatives from their
course of the relationship. school or organization who must be present
during the time of the said initiation rites or
hazing and these 2 representatives shall see to authority. d. When the woman is under 12 years
it that no amount of physical violence shall be of age or demented.
employed on any person or any neophytes or
*Rape by sexual assault
recruit or applicant during the said hazing or
initiation rites. *Elements of rape under paragraph 2:
*If in the course of hazing, someone died or 1. That the offender commits an act of sexual
suffered any physical injuries; all of the officers assault.
and members of the said fraternity or
organization who are present and who 2. That the act of sexual assault is committed by
any of the following means: a. By inserting his
participated in the said initiation rites shall be penis into another person’s mouth or anal
liable as principal. orifice, or b. By inserting any instrument or
object into the genital or anal orifice of another
*If the said initiation rites took place in the
person.
house of a member or an officer of the said
fraternity or sorority; the parents of the said 3. That the act of sexual assault is accomplished
members or officers shall be held liable not as under any of the following circumstances:
an accomplice but as principals if they have
such knowledge of the said conduct of the a. By using force or intimidation.
initiation rites and they did not perform any act b. When the woman is deprived of reason or
in order to prevent it. otherwise unconscious.
*Any person who is present in the said hazing c. By means of fraudulent machination or grave
shall constitute a prima facie evidence that abuse of authority.
there is a participation and shall be held liable
as principal. d. When the woman is under 12 years of age or
demented.
*Under RA8049; the defense that such person
has no intention to commit so grave a wrong as *The crime of rape can now be committed by
that committed cannot be used by an accused – male or female.
it is a prohibited defense. *Rape by sexual intercourse – the contact of
ARTICLE 266-A – RAPE male’s penis with woman’s vagina. – The
slightest penetration is enough.
*Rape by carnal knowledge
-Even if the attacker’s penis merely touched the
*Elements of rape under paragraph 1: external portions of the female genitalia were
1. That the offender is a man. made in the context of the presence or
existence of an erect penis capable of full
2. That the offender had carnal knowledge of a penetration – it consummates rape.
woman.
*Touching the labia majora or the labia minora
3. Such act is accomplish under any of the of the pudemdum consummates rape.
following circumstances: a. By using force or
intimidation. b. When the woman is deprived of *In sexual intercourse the offender is a man and
reason or otherwise unconscious. c. By means the offended party is a woman.
of fraudulent machination or grave abuse of
*Statutory rape when the victim is under 12 3. When by reason or on occasion of rape, the
years of age. victim becomes insane.

*In case of incestuous rape – force, threat, or 4. When rape is attempted and homicide is
intimidation is not necessary – because of moral committed.
ascendency.
*Presumption of resistance – if in the course of
*Moral ascendancy or influence, held to the commission of rape, (1) the said offended
substitute for the element of physical force or party has performed any acts in any degree
intimidation. amounting to resistance of rape, or (2) when

*When the offender in rape has ascendancy on the said offended party cannot give a valid
influence over the girl, it is not necessary that consent.
she put up a determined resistance.
*Effect of pardon
*Sweetheart defense theory will not lie in favor
*In case of rape, pardon will not extinguish the
of the man – it does not mean that when you
criminal liability of the offender.
are sweethearts, you can no longer rape the
other person. - It may be extinguish through:
*No frustrated rape – (People vs. Orita) 1. The offended woman may pardon the
offender through a subsequent valid marriage,
*Mere touch of an erected penis on the labia or
the effect of which would be, the extinction of
lips of a woman’s genitalia will already
the offender’s liability.
consummate rape.
2. The legal husband may be pardoned by
*It is not necessary that there be complete
forgiveness of the wife provided that the
penetration.
marriage is not void ab initio.
*The finger is within the mean of instrument or
*Only the principal by direct participation may
object insofar as rape by sexual assault is
afford pardon to the offended party. The other
concerned.
parties may benefit to the pardon given by the
*Resistance when futile, does not amount to offended party to the principal.
consent.
RA7610 – SPECIAL PROTECTION OF CHILDREN
-The test is whether the threat or intimidation AGAINST ABUSE, EXPLOITATION AND
produces a reasonable fear in the mind of the DISCRIMINATION ACT
victim that if she resists or does not yield to the
*Article 3 - Child prostitution and other sexual
desires of the accused, the threat would be
abuse – children whether male or female, who
carried out.
for money, profit or other consideration or due
*Rape by carnal knowledge, penalty is qualified: to coercion or influence of any adult syndicate
or group, indulge in sexual intercourse or
1. When rape is committed with the use of a
lascivious conduct are deemed to be children
deadly weapon.
exploited in prostitution and other sexual
2. When rape is committed by two or more abuse.
persons.
ARTICLE 267 – KIDNAPPING AND SERIOUS
ILLEGAL DETENTION
*Elements: *Killing third person in kidnapping – separate
crime of homicide and kidnapping.
1. That the offender is a private individual. 2.
That he kidnaps or detains another, or in any
other manner deprives the latter of his liberty.

3. That the act of detention or kidnapping must

be illegal.

4. That in the commission of the offense, any of

the following circumstances is present: a. That ARTICLE 268 – SLIGHT ILLEGAL DETENTION
the kidnapping or detention lasts for more than
3 days. b. That it is committed through *Elements:
simulating public authority. c. That any serious 1. That the offender is a private individual. 2.
physical injuries are inflicted upon the person That he kidnaps or detains another, or in any
kidnapped or detained or threats to kill him are manner deprives him of his liberty.
made. d. That the person kidnapped or
detained is a minor, female or a public officer. e. 3. That the act of kidnapping or detention is
(Extorting ransom on the part of the accused.) illegal.

*If the offender is a public officer, the crime is 4. That the crime is committed without the
arbitrary detention. attendance of any of the circumstances
enumerated in article 267.
*Intention to deprive the victim of his liberty for
purpose of extorting ransom on the part of the ARTICLE 269 – UNLAWFUL ARREST
accused is essential in the crime of kidnapping. *Elements:
*As long as the kidnapping or detention was 1. That the offender arrests or detains another
committed for the purpose of extorting ransom. person.
Actual demand for ransom is not necessary.
2. That the purpose of the offender is to deliver
*It is not necessary that the victim be placed in him to the proper authorities.
an enclosure
3. That the arrest or detention is not authorized
*Detention is illegal when not ordered by by law or there is no reasonable ground
competent authority or not permitted by law. thereof.
*Where the victim is taken from one place to *The offender is any person, whether a public
another solely for the purpose of killing him, the officer or a private individual.
crime committed is murder.
*There is no unlawful arrest, when the arrest is
*Ransom – is money, price or consideration authorized by a warrant issued by the court.
paid or demanded for redemption of a captured
person or persons, a payment that releases ARTICLE 270 – KIDNAPPING AND FAILURE TO
from captivity.
RETURN A MINOR
*Conspiracy to extort ransom makes all the
*Elements:
conspirators liable.
1. That the offender is entrusted with the 1. That the offender retains a minor in his
custody of a minor person. service.

2. That he deliberately fails to restore the said 2. That it is against the will of the minor.
minor to his parents or guardians.
3. That it is under the pretext of reimbursing
*Age of minor is under 18 years. himself of a debt incurred by one ascendant,
guardian or a person entrusted with the custody
*What is punished is the deliberate failure of
of such minor.
the custodian of the minor to restore the latter
to his parents or guardian.

ARTICLE 274 – SERVICES RENDERED UNDER

ARTICLE 271 – INDUCING A MINOR TO COMPULSION IN PAYMENT OF DEBT

ABANDON HIS HOME *Elements:

*Elements: 1. That the offender compels a debtor to work

for him, either as household servant or farm
1. That a minor is living in the home of his
laborer.
parents or guardian or the person entrusted
with his custody. 2. That it is against the will of the debtor.

2. That the offender induces said minor to 3. That the purpose is to require or enforce the
abandon such home. payment of a debt.

ARTICLE 275 – ABANDONMENT OF PERSONS IN

DANGER AND ABANDONMENT OF ONE’S OWN
*The inducement must be actual, committed
VICTIM
with criminal intent, and determined by a will to
cause damage. *Acts punished:

*Father or mother may commit crimes under 1. By failing to render assistance to any person
whom the offender finds in an uninhabited
270-271.
place wounded or in danger of dying when he
ARTICLE 272 – SLAVERY can render such assistance without detriment
to himself, unless such omission shall constitute
*Elements: a more serious offense.
1. That the offender purchase, sell, kidnaps or 2. By failing to help or render assistance to
detains a human being. another whom the offender accidentally
2. That the purpose of the offender is to enslave wounded or injured.
such human being. 3. By failing to deliver a child, under seven years
ARTICLE 273 – EXPLOITATION OF CHILD LABOR of age whom the offender has found

*Elements:
abandoned to the authorities or to his family, or 2. By neglecting his children by not giving them
by failing to take him to a safe place. the education which their station in life requires
and financial condition permits.
*If a person intentionally wounded another in
an uninhabited place – article 275 is not ARTICLE 278 – EXPLOITATION OF MINORS
applicable.
*Acts punished:
*It is immaterial that the offender did not know
1. (By causing any boy or girl under 16 years of
that the child is under seven years.
age to perform any dangerous feat of balancing,
physical strength or contortion, the offender
being any person.

2. By employing children under 16 years of age

who are not the children or descendants of the
offender in exhibitions of acrobats, gymnast,
rope-walker, diver, or wild animal tamer…
ARTICLE 276 – ABANDONING A MINOR
3. By employing any descendants under 12
*Elements: years of age in dangerous exhibitions.
1. That the offender has the custody of a child. 4. By delivering a child under 16 years of age
2. That the child is under seven years of age. gratuitously to any person following any calling
enumerated in paragraph 2, or to any habitual
3. That he abandons such child. vagrant or beggar…
4. That he has no intent to kill the child when 5. By inducing any child under 16 years of age to
the latter abandoned. abandon the home of its ascendants,
*Intent to kill cannot be presumed from death guardians… to follow any
of the child – only in crimes against persons. person engaged in any of the callings
*A permanent, conscious and deliberate mentioned in paragraph 2 or to accompany any
abandonment is required in this article. habitual vagrant or beggar.)

ARTICLE 277 – ABANDONMENT OF MINOR BY ARTICLE 279

PERSON ENTRUSTED WITH HIS CUSTODY; ARTICLE 280 – QUALIFIED TRESPASS TO

INDIFFERENCE OF PARENTS DWELLING

*Acts punished: *Elements:

1. By delivering a minor to public institution or 1. That the offender is a private person.

other persons without the consent of the one 2. That he enters the dwelling of another.
who entrusted such minor to the care of the
offender or, in the absence of that one, without 3. That such entrance is against the latter’s will.
the consent of the proper authorities. *If the offense is committed by means of
violence or intimidation, the penalty is higher.
*Dwelling place – any building or structure 3. If the place where entrance is made is a café,
exclusively devoted for rest and comfort. tavern, inns, and other public houses, while the
same are open.
*Whether a building is a dwelling house or not
depends upon the use to which it is put. ARTICLE 281 – OTHER FORMS OF TRESPASS

*Dwelling includes a room occupied by another *Elements:

person.
1. That the offender enters the closed premises
*Lack of permission does not amount to or the fenced estate of another.
prohibition.
2. That the entrance is made while either of
*There must be opposition on the part of the them is uninhabited.
owner of the house to the entry of the accused.
3. That the prohibition to enter be manifest.
*It is a well-settled rule that whoever enters the
4. That the trespasser has not secured the
dwelling of another at late hour of the night
permission of the owner or the caretaker
after the inmates have retired and closed doors
thereof.
does so against their will. Under these
circumstances an express prohibition is not
necessary, as it is presumed.
ARTICLE 282 – GRAVE THREATS
*Prohibition is implied in entrance through the
window – means not intended for ingress. *Acts punished:

*Prohibition must be in existence prior or at the 1. By threatening another with the infliction
time of entrance. upon his person, honor or property or that of
his family of any wrong amounting to a crime
*The violence or intimidation may take place and demanding money or imposing any other
immediately after the entrance. – Prohibition is condition even though not
not necessary when violence or intimidation is
employed by the offender. unlawful, and the offender attained his purpose.

*Trespass may be committed by the owner of 2. By making such threat without the offender
the dwelling – against the will of the actual attaining his purpose.
occupants. 3. By threatening another with the infliction
*Cases to which the provision of this article are upon his person, honor or property or that of
not applicable: his family of any wrong amounting to a crime,
the threat not being subject to a condition.
1. If the entrance to another’s dwelling is made
for the purpose of preventing some serious *The threat must be to inflict a wrong
harm to himself, the occupants of the dwelling amounting to a crime upon the person, honor
or a third person. or property of the offended party or that of his
family.
2. If the purpose is to render some service to
humanity or justice. *If the offender attained his purpose, the
penalty is one degree lower of the penalty of
the crime threatened to be committed shall be
imposed.
*If the offender does not attain his purpose – 2 *Act punished:
degree lower.
1. By threatening another with weapon, or by
*When the threat is not subject to a condition, drawing such weapon in a quarrel, unless it be
the penalty is fixed to arresto mayor and a fine in lawful self-defense.
not exceeding P500.
2. By orally threatening another, in the heat of
*If the threat is made in writing or through a anger, with some harm constituting a crime,
middleman, the penalty is to be imposed in its without persisting in the idea involved in his
maximum period. threat.

*The threat should not be made in the heat of 3. By orally threatening to do another any harm
anger, because such threat is punished under not constituting a felony.
Article. 285 paragraph 2.

*Essence of the crime of threat is intimidation.

*It is not necessary that the offended party was

present at the time the threats were made.

*The crime of grave threats is consummated as

soon as the threats come to the knowledge of ARTICLE 286 – GRAVE COERCIONS
the person threatened.
*Ways of committing grave coercions:
*Threats made in connection with the
commission of other crimes, are absorbed by 1. By preventing another by means of violence,
the latter. threats or intimidation, from doing something
not prohibited by law.
ARTICLE 283 – LIGHT THREATS
2. Compelling another by means of violence,
*Elements: threats or intimidation to do something against
his will, whether it be right or wrong.
1. That the offender makes a threat to commit a
wrong. *Element:
2. That the wrong does not constitute a crime. 1. That the person prevented another from
doing something not prohibited by law, or that
3. That there is a demand for money or that
he compelled him to do something against his
other condition is imposed, even though not
will, be it right or wrong.
unlawful.
2. The prevention or compulsion be effected by
4. That the offender has attained his purpose or
violence, threats or intimidation.
that he has not attained his purpose.
3. That the restraint shall not be made under
*Light threats are committed in the same
authority of law or in the exercise of any lawful
manner as grave threats, except that the act
right.
threatened to be committed should not be a
crime. *The thing prevented from execution must not
be prohibited by law; otherwise, there will be
ARTICLE 285 – OTHER LIGHT THREATS
no coercion.
*In grave coercion, the act of preventing by *Coercion is consummated even if the offended
force must be made at the time the offended party did not accede to the purpose of the
party was doing or about to do the act to be coercion.
prevented. If the act was already done when
ARTICLE 287 – LIGHT COERCIONS/(UNJUST
violence is exerted, the crime is unjust vexation.
VEXATION)
*Compelling another to do something includes
the offender’s act of doing it himself while *Elements:
subjecting another to his will.
1. That the offender must be a creditor.
*When the complainant is in actual possession
of a thing, even if he has no right to that 2. That he seizes anything belonging to his
possession, compelling him by means of debtor.
violence to give up the possession, even by the 3. That the seizure of the thing be accomplished
owner himself is grave coercion. by means of violence or a display of material
*The crime of grave coercion is consummated force producing intimidation.
even if the offender failed to accomplish his 4. That the purpose of the offender is to apply
purpose. the same to the payment of the debt.
*The crime is not grave coercion when the *Taking possession of the thing belonging to the
violence is employed to seize anything debtor, through deceit and misrepresentation,
belonging to the debtor of the offender. for the purpose of applying the same to the
payment of the debt, is unjust vexation under
(Light coercion)
the second paragraph of this article.
*Surrounding complainant in a notoriously
*It is sufficient that the attitude of the offender
threatening attitude is sufficient. – Guilty of
in seizing the property of his debtor is
coercion.
notoriously menacing as to amount to a grave
*The force or intimidation must be immediate, intimidation, or create such situation that
actual or imminent. necessarily would institute the victim.

*The person who restrains the will and liberty *Unjust vexation – any human conduct, which
of another has no right to do so as a private although not productive of some physical or
person or does not act in the exercise of a duty material harm would, however, unjustly annoy
in the case of a person with a duty to perform or vex an innocent person.
or with authority as a public functionary.
*Whether the offender’s act caused annoyance,
*There is no grave coercion when the accused irritation, vexation, torment, distress or
acts in good faith in the performance of his disturbance to the mind of the person to whom
duty. it is directed.

*The purpose of the law in penalizing coercion – *Kissing a girl, without performing acts of
no person may take the law into his hands, and lasciviousness, is unjust vexation.
that our government is one of law, not of men.
*Light coercion under the first paragraph will be
*A person who takes the law into his hands with unjust vexation if the element of employing
violence is guilty of grave coercion. violence or intimidation is absent. – Same with
grave coercion – when no violence, threat or 2. That he seizes the papers or letters of
intimidation – only unjust vexation. another.

ARTICLE 288 – OTHER SIMILAR COERCIONS 3. That the purpose is to discover the secrets of
such another person.
*Acts punished:
4. That the offender is informed of the contents
1. By forcing or compelling, directly or indirectly
of the papers or letters seized.
or knowingly permitting the forcing or
compelling of the laborer or employee of the *Article 290 is not applicable to parents,
offender to purchase merchandise or guardians… spouses.
commodities of any kind from him.
ARTICLE 291 – REVEALING SECRETS WITH
2. By paying wages due his laborer or employee
ABUSE OF OFFICE
by means of tokens or objects other than the
legal tender currency of the Philippines, unless *Elements:
expressly requested by such laborer or
employee. 1. That the offender is a manager, employee or
servant.

2. That he learns the secret of his principal or

master in such capacity.
ARTICLE 289 – FORMATION, MAINTENANCE, 3. That he reveals such secrets.
AND PROHIBITION OF COMBINATION OFF ARTICLE 292 – REVELATION OF INDUSTRIAL
CAPITAL OR LABOR THROUGH VIOLENCE OR SECRETS
THREATS *Elements:
*Elements: 1. That the offender is a person in charge,
employee or workman of a manufacturing or
1. That the offender employs violence or
industrial establishment.
threats, in such a degree as to compel or force
the laborer or employers in the 2. That the manufacturing or industrial
establishment has a secret of the
free and legal exercise of their industry or work.
industry which the offender has learned.
2. That the purpose is to organize, maintain or
prevent coalitions of capital or labor, strike of 3. That the offender reveals such secrets. 4.
laborers or lockout of employers. That prejudice is caused to the owner.
ARTICLE 290 – DISCOVERING SECRETS *Secrets must relate to manufacturing
processes.
THROUGH SEIZURE OF CORRESPONDENCE
*The revelation of secret might be made after
*Elements:
the employee or workman had ceased to be
1. That the offender is a private individual or connected with the establishment.
even a public officer not in the exercise of his
ARTICLE 293 – ROBBERY
official function.
*Elements of robbery in general: *Taking must be unlawful.

1. That there be personal property; belonging to *Intent to gain is presumed from the unlawful
another. taking of personal property.

2. That there is unlawful taking of that property. *One who takes property openly and avowedly
under claim of title proffered in good faith is not
3. That the taking must be with intent to gain.
guilty of robbery even though the claim of
4. That there is violence against or intimidation ownership is untenable.
of any person, or force upon anything.
*Absence of intent to gain will make the taking
*Robbery – the taking of personal property of personal property grave coercion if there is
belonging to another, with intent to gain, by violence used.
means of violence against or intimidation of any
*The element of “personal property belonging
person, or using force upon anything.
to another” and that of “intent to gain” must
*Classification of robbery: concur.

1. Robbery with violence against, or *The violence must be against the person of the
intimidation of persons. (Article 294) offended party, not upon the thing taken.

2. Robbery by the use of force upon things *Intimidation need not be threat of bodily
(Article 299 & 302) harm.

*The property taken must be personal property. *If there is violence or intimidation at any time
– If it is a real property – the crime is usurpation before aspiration is complete, the taking of
under article 312. property is qualified to robbery.

*Prohibitive articles may be the subject matter - It is not necessary that violence or intimidation
of robbery. should be present from the very beginning.

*A co-owner or partner cannot commit robbery *When violence results in:

or theft with regard to the co-ownership or
1. Homicide;
partnership property.
2. Rape;
*In the commission of the crime of robbery, it is
not necessary that the person, from whom the 3. Intentional mutilation; or
property is taken by means of threat and
4. Any of the serious physical injuries paragraph
violence, shall be the owner thereof.
1 & 2.
- The possession of the property is sufficient –
-The taking of personal property is robbery
ownership is not necessary.
complexed with any of those crimes under 294.
- So long as the personal property taken does – Even if the taking was already complete when
not belong to the accused. – Impossible crime if the violence was used by the offender.
it is.
*The use of force upon things will not make the
*In robbery, the personal property of another is taking of personal property robbery, if the
taken by the offender against the will of the culprit never entered a house or building –
owner. whole body.
*If robbery with violence against or intimidation *The crime defined in this article is a special
of persons and robbery by use of force upon complex crime.
things, the latter shall be charged.
*Robbery and homicide are separate offenses,
CARNAPPING when the homicide was not committed “on the
occasion” or “by reason” of the robbery.
ARTICLE 294 – ROBBERY WITH VIOLENCE
*Intent to take personal property belonging to
AGAINST OR INTIMIDATION OF PERSONS
another with intent to gain must precede the
*Acts punished: killing.

When by reason or on occasion of such robbery: *The offender must have the intent to take
personal property before killing.
1. Homicide is committed.
*As long as homicide results in the robbery –
2. Accompanied by rape or intentional special complex of robbery with homicide.
mutilation or arson.
*Killing a person to escape after the commission
3. Any of physical injuries resulting in insanity, of robbery is robbery with homicide.
imbecility, impotency or blindness is inflicted.
*It is still robbery with homicide if the person
4. Any of physical injuries resulting in the loss of killed is a robber himself.
the use of speech or power to hear or to smell,
or the loss of an eye, a hand, a foot, an arm, or *There is robbery with homicide, even if the
a leg or the loss of the use of any such member person killed was an innocent bystander and
or incapacity for the work in which the injured not the person robbed.
party is theretofore habitually engaged is
*It is still robbery with homicide even if death of
inflicted.
a person supervened by mere accident.
5. Commission of the robbery is carried to a
*Where homicide and physical injuries were
degree clearly unnecessary for the commission
perpetrated to remove opposition to robbery or
of the crime.
suppressing evidence thereof, the crime is
6. The offender shall inflict upon any person not robbery with homicide only.
responsible for the commission of the robbery
*When homicide is not proved – robbery only.
any of the physical injuries where the injured
becomes deformed or losses any other member *In robbery with homicide, the person charged
of his body or loses the use thereof or becomes as accessory must have the knowledge of the
ill or incapacitated for the performance of the commission of robbery and homicide.
work in which he is habitually engaged for more
*All who participated in the robbery as
than 90 days or the injured becomes ill or
principals are principals in robbery with
incapacitated for labor for more than 30 days.
homicide.
7. If the violence employed by the offender
*Rape committed on occasion of robbery –
does not cause any of the serious physical
special complex
injuries defined in article 263, or if the offender
employs intimidation only. *Even if the rape was committed in another
place, it is still robbery with rape.
*Article 294 paragraph 2 does not cover 4. By entering the passengers’ compartment in
robbery with attempted rape. a train;

*When the taking of personal property of a 5. On a street, road, highway or alley or with
woman is an independent act following the use of firearms.
defendant’s failure to consummate the rape,
*Applicable only in Paragraphs 3, 4, and 5 of
there are two distinct crimes.
article 294.
*Additional rapes committed on the same
*Must be alleged in the information.
occasion of robbery will not increase the
penalty. *Cannot be offset by a generic mitigating
circumstance.
*When the taking of property after the rape is
not with intent to gain – separate crimes. ARTICLE 296 – ROBBERY COMMITTED BY A
*When rape and homicide co-exist in the BAND
commission of robbery – crime is robbery with
homicide – rape is only an aggravating. (People *When at least 4 armed men malefactors take
vs. Bacsa…) part in the commission of a robbery – it is
committed by a band.
*Violence or intimidation need not be present
before or at the exact moment when the object *Requisites for liability for the acts of the other
is taken. members of the band:

*When the act of snatching a thing from his 1. That he was a member of the band.
hands did not result in violence against the 2. That he was present at the commission of a
person of the offended party, there is no robbery by that band.
robbery – only theft. 3. That the other members of the band
*In robbery with intimidation, there must be committed an assault.
acts done by the accused which either by their 4. That he did not attempt to prevent the
own nature or by reason of the circumstances assault.
under which they are executed, inspire fear in
the person against whom they are directed. *When the robbery was not committed by a
band, the robber who did not take part in the
ARTICLE 295 – ROBBERY WITH PHYSICAL assault by another is not liable for that assault.
INJURIES, COMMITTED IN AN UNINHABITED *No crime of robbery with homicide by a band.
PLACE AND BY A BAND, OR WITH THE USE OF
FIREARMS ON A STREET, ROAD OR ALLEY ARTICLE 297 – ATTEMPTED AND FRUSTRATED

*Robbery with violence against or intimidation ROBBERY COMMITTED UNDER CERTAIN

of persons qualified – if committed: CIRCUMSTANCES
1. In an uninhabited place; *The penalty is the same, whether the robbery
2. By a band; is attempted or frustrated.

3. By attacking a moving vehicle; *There is only one crime of attempted robbery

with homicide even if slight physical injuries
were inflicted on other persons on the occasion *In entering the building, the offender must
or by reason of the robbery. have an intention to take personal property.

ARTICLE 298 – EXECUTION OF DEEDS BY *The placed entered must be a house or a

building.
MEANS OF VIOLENCE OR INTIMIDATION
*Inhabited house is any shelter, ship or vessel
*Elements:
constituting the dwelling of one or more
1. That the offender has intent to defraud persons.
another.
*Public building is every building owned by the
2. That the offender compels him to sign, government or belonging to a private person
execute, or deliver any public instrument or but used or rented by the government.
document.
*Any of the four means described in subdivision
3. That the compulsion is by means of violence A of article 299 must be resorted to by the
or intimidation. offender to enter a house or building, not to get
out.
*Public or private document.
*The whole body of culprit must be inside the
*Article 298 is not applicable if the document is building to constitute entering.
void.
*The genuine key must be stolen, not taken by
ARTICLE 299 – ROBBERY IN AN INHABITED force or with intimidation, from the owner.
HOUSE OR PUBLIC BUILDING OR EDIFICE (robbery with intimidation of person is
committed if there is intimidation)
DEVOTED TO RELIGIOUS WORSHIP
-The false key or picklock must be used to enter
*Elements: (Subdivision A) the building.
1. That the offender entered an inhabited place, *It is only theft when the false key is used to
or public building or edifice devoted to religious open wardrobe or locked receptacle or drawer
worship. or inside door.
2. That the entrance was effected by any of the ROBBERY WITH FORCE UPON THINGS UNDER
following means: a. Through an opening not
intended for entrance or egress. b. By breaking SUBDIVISION (B) OF ARTICLE 299
any wall, roof or floor or breaking any door or *Elements:
window. c. By using false keys, picklocks or
similar tools. d. By using fictitious name or 1. That the offender is inside a dwelling house,
pretending the exercise of public authority. public building, or edifice devoted to religious
worship, regardless of the circumstances under
3. That once inside the building, the offender which he entered it.
took personal property belonging to another
with intent to gain. 2. That the offender takes personal property
belonging to another, with intent to gain under
*The offender must “enter the house or any of the following circumstances: a. By
building in which the robbery is committed. breaking doors, wardrobes, chests, or any other
kind of locked or sealed furniture or receptacle;
or b. By taking such furniture or objects away to 1. By using fictitious name
be broken or forced open outside the place of
2. By falsely pretending to possess: a. Power b.
robbery.
Influence c. Qualification d. Property e. Credit f.
*Entrance into the building by any of the means Agency g. Business or imaginary transactions
mentioned in subdivision (A) of article 299 is not
3. By means of other similar deceits
required in robbery under subdivision (B) of the
same article. *Such false statement or fraudulent
representation constitutes the very cause or the
*The term “Door” in paragraph 1 subdivision (B)
only motive which induces the complainant to
of article 299, refers only to “door, lids, or
part with the thing.
opening sheets’ of furniture or other portable
receptacles – not to inside doors of house or *The offended party must be deprived of his
building. property by any of the false pretenses
mentioned in paragraph 2a.
*Breaking the keyhole of the door of a
wardrobe, which is locked, is breaking locked *Manipulation of scale is punished under
furniture. Revised Administrative Code.
*When sealed box or receptacle is taken out of *In false pretenses the deceit consists in the use
the house or building for the purpose of of deceitful words, in fraudulent acts the deceit
consists principally in deceitful acts.
*The paper with the signature in blank must be
delivered by the offended party to the offender. *Estafa by postdating a check or issuing a check
in payment of an obligation
*Elements of estafa by means of deceit:
*Elements:
1. That there must be a false pretense,
fraudulent act or fraudulent means. 1. That the offender postdated a check, or
issued a check in payment of an obligation.
2. That such false pretense, fraudulent act or
fraudulent means must be made or executed 2. That such postdating or issuing a check was
prior to or simultaneously with the commission done when the offender had no funds in the
of the fraud. bank, or his funds deposited therein where not
sufficient to cover the amount of the check.
3. That the offended party must have relied on
the false pretense, fraudulent act, or fraudulent *The check issued must be genuine, and not
means, that is, he induced to part with his falsified.
money or property because of the false
pretense, fraudulent act, or fraudulent means. *The check must be postdated or issued in
payment of an obligation constructed at the
4. That as a result thereof, the offended party time of the issuance and delivery of the check.
suffered damage.
*There must be notice of dishonor to the
*There is no deceit if the complainant was offender, within 3 days the offender may pay
aware of the fictitious nature of the pretense. for him not to be charged.
*False pretenses and fraudulent representation *Estafa may be complexed to falsification of
– there are three ways of committing estafa public documents and commercial documents –
under 315 2(a): but not with private documents. -- The first
crime committed will be the proper crime to be with the drawee bank for the payment of such
charged against the offender. check in full upon its presentment.

*When check is issued in substitution of a 4. That the check is subsequently dishonored by

promissory note it is in payment of pre-existing the drawee bank for insufficiency of funds or
obligation – there is no estafa. credit, or would have been dishonored for the
same reason had not the drawer, without any
*The accused must be able to obtain something
valid reason, ordered the bank to stop payment.
from the offended party be means of the check
he issues and delivers. *Elements of the offense defined in the second
paragraph of section 1
*When postdated checks are issued and
intended by the parties only as promissory 1. That a person has sufficient funds in or credit
with the drawee bank when he makes or draws
note, there is no estafa, even if there are no
and issues a check.
sufficient funds in the bank to cover the same.
2. That he fails to keep sufficient funds or to
*When check is issued by a guarantor, there is
maintain a credit to cover the full amount of the
no estafa.
check if presented within a period of 90 days
*RA 4885 eliminated the phrase “ the offender from the date appearing thereon.
knowing that at the time he had no funds in the
3. That the check is dishonored by the drawee
bank”.
bank.
*The drawer is given three days to make good
*The gravamen of BP22 is the issuance of a
the said check by depositing the necessary
worthless check, not the nonpayment of an
funds to cover the amount thereof. Otherwise,
obligation.
a prima facie presumption will arise as to
existence of fraud, which is an element of the *The law has made the mere act of issuing a
crime of estafa. bum check a malum prohibitum.

*Good faith is a defense in a charge of estafa by *Check may only be draw for 6 months, beyond
postdating or issuing a check. that there is no crime.

*The person who received the check must be *BP22 requires that the person who made or
damaged or prejudiced. drew and issued the check knew at the time of
issuance that he did not have sufficient funds in
BOUNCING CHECKS LAW - BP22
or credit with the drawee bank for the payment
*Elements of the offense defined in the first of such check in full upon presentment.
paragraph of section 1
*Lack of notice of dishonor is fatal – a mere oral
1. That a person makes or draws and issues any notice or demand to pay would appear to be
check. insufficient for conviction.

2. That the check is made or drawn and issued *Notice of dishonor to corporation is not notice
to apply on account or for value. to officer who issued the check.

3. That the person who makes or draws and *Prima facie evidence of knowledge of
issues the check knows at the time of issue that insufficiency of funds or credit, when the check
he does not have sufficient funds in or credit
is presented within 90 days from the date of the *Estafa by inducing another to sign a document
check. – Exceptions:
*Elements:
1. When the check is presented after 90 days
1. That the offender induced the offended party
from the date of the check.
to sign a document.
2. When the maker or drawer pays the holder
2. That deceit be employed to make him sign
thereof the amount due thereon, or makes
the document.
arrangements for payment in full by the drawee
of such 3. That the offended party personally signed the
document.

4. That prejudice be caused.

check within 5 banking days after receiving
notice that such check has not been paid by the *Estafa by removing, concealing or destroying
drawee. documents
*The element of knowledge of insufficiency of *Elements:
funds or credit is not present and, thereof, the
crime does not exist, when the drawer either: 1. That there be court record, office files,
documents or any other papers.
1. Pays the holder of check the amount due
thereof within five banking days after receiving 2. That the offender removed, concealed or
notice that such check has not been paid by the destroyed any of them.
drawee. 3. That the offender had intent to defraud
2. Makes arrangements for payment in full by another.
the drawee of such check within five banking *If there is no intent to defraud, the act of
days after notice of non-payment. destroying court record will be malicious
*Prima facie evidence does not arise where mischief.
notice of non-payment is not sent to the maker *Elements of deceit and abuse of confidence as
or drawer of the check. means to commit estafa may co-exist.
*The word credit as used herein shall be *If there is no deceit, no abuse of confidence,
construed to mean an arrangement or there is no estafa even if there is damage. There
undertaking with the bank for the payment of is only civil liability.
such check (sec4)
*Damage or prejudice capable of pecuniary
*Prosecution under this act shall be without estimation – second element of any form of
prejudice to any liability for violation of any estafa.
provision of the Revised Penal Code. (Sec5) –
There is no double jeopardy if each statutes *Elements of damage or prejudice
requires proof of an additional fact which the 1. The offended party being deprived of his
other does not. money or property, as result of the fraud.
*A drawer who was acquitted or convicted 2. Disturbance in property rights.
under the Revised Penal Code for estafa may be
prosecuted under BP22. 3. Temporary prejudice.
*Payment made subsequent to the commission 4. That the act of disposing of the real property
of estafa does not extinguish criminal liability or be made to the damage of another.
reduce the penalty.
*Encumbrance – includes every right or interest
ARTICLE 316 – OTHER FORMS OF SWINDLING in the land which exists in favor of third
persons.
*Paragraph 1 – By conveying, selling,
encumbering, or mortgaging any real property, *The offended party must have been deceived,
pretending to be the owner of the same that is, he would not have granted the loan had
he known that the property was already
*Elements:
encumbered.
1. That the thing be immovable, such as a parcel
*When the third element is not established,
of land or a building.
there is no crime.
2. That the offender who is not the owner of
*Paragraph 3 – By wrongfully taking by the
said property should represent that he is the
owner his personal property from its lawful
owner thereof.
possession
3. That the offender should have executed an
*Elements:
act of ownership.
1. That the offender is the owner of personal
4. That the act be made to the prejudice of the
property.
owner or a third person.
2. That said personal property is in lawful
*There must be existing real property.
possession of another.
*Deceit consisting in false pretense as to
3. That the offender wrongfully takes it from its
ownership of the real property must be
lawful possessor.
employed by the offender.
4. That prejudice is thereby caused to the
*There must be damage or prejudice to a third
possessor or third person.
person or intent to cause damage or prejudice.
*The taking is wrongful when it is without the
*Paragraph 2 – By disposing of real property as
consent of the possessor, or when deceit is
free from encumbrance, although such
employed by the owner of the personal
encumbrance be not recorded.
property in inducing the possessor to give it to
*Elements: him.

1. That the thing disposed of be real property. *Paragraph 4 – By executing any fictitious
contract to the prejudice of another
2. That the offender knew that the real property
was encumbered whether the encumbrance is *Paragraph 5 – By accepting any compensation
recorded or not. for services not rendered or for labor not
performed.
3. That there must be express representation by
the offender that the real property is free from *Malicious failure to return constitutes estafa in
encumbrance. this paragraph.

*Paragraph 6 – By selling, mortgaging or

encumbering real property or properties which
the offender guaranteed the fulfillment of his *Estafa by hiring and using public vehicle
obligation as surety without money to pay the fare*

*Elements: ARTICLE 319 – REMOVAL, SALE OR PLEDGE OF

1. That the offender is a surety in a bond given MORTGAGED PROPERTY

in a criminal or civil action.
*Act punished:
2. That he guaranteed the fulfillment of such
1. By knowingly removing any personal property
obligation with his real property or properties.
mortgaged under the chattel mortgage law to
3. That he sells, mortgages, or in any manner any province or city other than the one in which
encumbers said real property. it was located at the time of the execution of
the mortgage, without the written consent of
4. That such sale, mortgage or encumbrance is
the mortgagee or his executors, administrators
(a) without express authority from the court, or
or assigns.
(b) made before the cancellation of his bond or
(c) before being relieved from the obligation 2. By selling or pledging personal property
contracted by him. already pledged, or any part thereof, under the
term of the chattel mortgage law, without the
consent of the mortgagee written on the back
ARTICLE 317 – SWINDLING A MINOR of the mortgage and noted on the record
thereof in the office of the register of deeds of
*Elements: the province where such property is located.
1. That the offender takes advantage of the *Elements of knowingly removing mortgaged
inexperience or emotions or feelings of a minor. personal property
2. That he induces such minor (1) to assume an 1. That personal property is mortgaged under
obligation, or (2) to give release, or (3) to the chattel mortgage law.
execute a transfer of any property right.
2. That the offender knows that such property is
3. That the consideration is (1) some loan of mortgaged.
money, (2) credit, or (3) other personal
property. 3. That he removes such mortgaged personal
property to any province or city other than the
4. That the transaction is to the detriment of one in which it was located at the time of the
such minor. execution of the mortgage.
ARTICLE 318 – OTHER DECEIT 4. That the removal is permanent.
1. By defrauding or damaging another by any 5. That there is no written consent of the
other deceit not mentioned in the preceding mortgagee or his executors, administrators or
articles. assigns to such removal.
2. By interpreting dreams, by making forecasts, *If the chattel mortgage is not registered, no
by telling fortunes, or by taking advantage of
the credulity of the public in any other similar *The removal of the mortgaged personal
manner, for profit or gain. property must be coupled with intent to
defraud.
*Elements of selling or pledging personal destruction as effective as those above
property already pledged enumerated.

1. That personal property is already pledged *Crimes involving destruction as terrorism – a

under the terms of the chattel mortgaged law. person who commits… thereby sowing and
creating a condition of widespread and
2. That the offender, who is the mortgagor of
extraordinary fear and panic among the
such property, sells or pledges the same or any
populace, in order to coerce the government to
part thereof.
give in to an unlawful demand.
3. That there is no consent of the mortgagee
PD1613 – LAW ON ARSON
written on the back of the mortgage and noted
on the record thereof in the office of the *Arson – malicious destruction of property by
register of deeds. fire.

*The consent of the mortgagee must be (1) in *Kinds of arson:

writing, (2) on the back of the mortgage and (3)
1. Simple arson
noted on the record thereof in the office of the
register of deeds. 2. Destruction arson
*Damage is not necessary. 3. Other cases of arson
ARTICLE 320 – DESTRUCTIVE ARSON *In attempted arson, it is not necessary that
there be a fire.
*Malicious burning of structures, both public
and private, hotels, buildings, edifices, trains, *Burning of houses, considered as simple arson
vessels, aircraft, factories and other military, under PD1613 – inhabited house or dwelling.
government or commercial establishments by
any person or group of persons. *There is no complex crime of arson with
homicide – crime of homicide is absorbed.
ARTICLE 324 – CRIMES INVOLVING
ARTICLE 327 – WHO ARE LIABLE FOR
DESTRUCTION
MALICIOUS MISCHIEF
*Elements:
*Elements:
1. The offender causes destruction.
1. That the offender deliberately caused
2. Destruction is caused by any of the following damage to the property of another.
means: a. Explosion b. Discharge of electric
current c. Inundation, sinking or stranding of 2. That such act does not constitute arson or
vessel, or intentional damaging of the engine of other crimes involving destruction.
said vessel. 3. That the act of damaging another’s property
d. Taking up the rails from a railway track. e. be committed merely for the sake of damaging
Maliciously changing railway signals for the it.
safety of moving trains. f. Destroying telegraph *Malicious Mischief – the willful damaging of
wires and telegraph posts, or those of any other another’s property for the sake of causing
system. g. Using any other agency or means of damage due to hate, revenge or other evil
motives.
*This third element presupposes that the *Committed by damaging any railway,
offender acted due to hate revenge or other evil telegraph or telephone lines.
motive.
*Not applicable where the telegraph or
*It is malicious mischief if the act of damaging telephone lines do not pertain to railways.
another’s property was inspired, not by hatred
*When a person or persons are killed – if
or by a desire for revenge, but by the mere
without intent to kill – damage to means of
pleasure of destroying.
communication with homicide – if there is
*If there is no malice in causing the damage, the intent – it is murder by means of derailment.
obligation to repair or pay for damages is only
civil.

*Damage means not only loss but also

diminution of what is a man’s own.

*It is theft when there is intent to gain. ARTICLE 331 – DESTROYING OR DAMAGING
*A person charged with malicious mischief can STATUES, PUBLIC MONUMENTS, OR PAINTING
be found guilty of damage to property through
reckless imprudence.

ARTICLE 328 – SPECIAL CASES OF MALICIOUS

MISCHIEF

*The special cases of malicious mischief are:

1. Causing damage to obstruct the performance

of public functions.

2. Using any poisonous or corrosive substance.

3. Spreading any infection or contagion among

cattle.

4. Causing damage to the property of the

Nation Museum or National Library, or to any ARTICLE 332 – PERSONS EXEMPT FROM
archives or registry, waterworks, road, CRIMINAL LIABILITY
promenade, or any other thing used in common
by public. *Crimes involved in the exemption:

*These are called qualified malicious mischief 1. Theft

ARTICLE 329 – OTHER MISCHIEFS 2. Swindling

*Other mischiefs should not be included in 3. Malicious mischief

article 328.
*Persons exempted from criminal liability: 1.
ARTICLE 330 – DAMAGE AND OBSTRUCTION Spouses, ascendants and descendants, or
relative by affinity in the same line.
TO MEANS OF COMMUNICATION
2. The widowed spouse with respect to the moment of the carnal union. Each sexual
property which belonged to the deceased intercourse constitutes the crime of adultery.
spouse before the same passed into the
*Only the husband may file the case.
possession of another.
*The essence of adultery is the violation of the
3. Brother and sisters and brother-in-law and
marital vows.
sister-in-law, if living together.
*The gist of the crime of adultery is the danger
*No criminal, only civil liability.
of introducing spurious heirs into the family.
*Must be committed or caused mutually by the
*Abandonment without justification is not
persons mentioned in article 332.
exempting, but only mitigating circumstance.
SY2016-2017
*The man, to be guilty of adultery, must have
*This article does not apply to stranger who knowledge of the married status of the woman.
participates in the commission of the crime.
*If the married woman is guilty of adultery. If
*Stepfather, adopted father, natural children, she knew the man was married, she would be
concubine and paramour are included. liable for concubinage also.

*Common law spouse exempted. *Effect of pardon:

1. The pardon must come before the institution

of the criminal prosecution.

2. Both the offender must be pardoned by the

offended party.
ARTICLE 333 – WHO ARE GUILTY OF ADULTERY
*Act of intercourse between offender and her
*Elements: husband subsequent to adulterous conduct is
an implied pardon.
1. That the woman is married.
ARTICLE 334 – CONCUBINAGE
2. That she has sexual intercourse with a man
not her husband. *Three ways of committing the crime of
concubinage:
3. That as regards the man with whom she had
sexual intercourse, he know her to be married. 1. By keeping a mistress in the conjugal
dwelling.
*Not necessary if marriage is void, valid or
voidable. 2. By having sexual intercourse, under
scandalous circumstances, with a woman who is
*The offended party must be legally married to
not his wife.
the offender at the time of the criminal act.
3. By cohabiting with her in any other place.
*There is adultery, even if the marriage of the
guilty woman with the offended husband is *Elements:
subsequently declared void.
1. That the man must be married.
*the crime of adultery is an instantaneous crime
which is consummated and completed at the
2. That he committed any of the following acts: 3. That it is done under any of the following
a. By keeping a mistress in the conjugal circumstances: a. By using force or intimidation.
dwelling. b. Having sexual intercourse under b. When the offended party is deprived of
scandalous circumstances with a woman who is reason or otherwise unconscious. c. By means
not his wife. c. Cohabiting with her in any other of fraudulent machination or grave abuse of
place. authority. d. When the offended party is under
12 years of age or is demented.
3. That as regards the woman, she must know
him to be married. *Lewd – obscene, lustful, indecent. It signifies
the form of immorality which has relation to
*Concubinage is a violation of the marital vows.
moral impurity.
*A married man is not liable for concubinage for
*Compelling a girl to dance naked before men
mere sexual relations with a woman not his
in an act of lasciviousness, even if the dominant
wife.
motive is revenge, for her failure to pay a debt.
*Conjugal dwelling – home of the husband and
*Motive of lascivious acts is not important
wife even if the wife is temporarily absent on
because the essence of lewdness is in the very
any account.
act itself.
*Cohabit – dwell together, in the manner of
*Embracing, kissing and holding girl’s breast is
husband and wife, for some period of time.
act of lasciviousness. – some cases – only unjust
*A person who keeps a mistress in an vexation.
apartment furnished by him is not guilty of
*Kissing and embracing a woman against her
concubinage if he does not live or sleep with
will are acts of lasciviousness when prompted
her in said apartment.
by lust or lewd design.
*Adultery is more severely punished than
*Lover’s embraces and kisses are not acts of
concubinage – because adultery makes possible
lasciviousness – no evidence that his conduct
the introduction of another man’s blood into
was lewd or lascivious.
the family.
*Attempted rape vs. acts of lasciviousness 1. If
the act performed by the offender clearly
indicate that his purpose was to lie with the
offended woman, it is attempted rape.

2. In case of attempted rape, the lascivious acts

are preparatory acts to the commission of rape,
whereas, in the other, the lascivious acts are
ARTICLE 336 – ACTS OF LASCIVIOUSNESS themselves the final objective sought by the
*Elements: offender.

1. That the offender commits any act of *Desistance in the commission of attempted
lasciviousness or lewdness. rape may constitute acts of lasciviousness.

2. That the act of lasciviousness is committed *No attempted and frustrated crime of acts of
against a person of either sex. lasciviousness.
ARTICLE 337 – QUALIFIED SEDUCTION *The fact that the girl consented to the sexual
intercourse is not a defense.
*Seduction – enticing a woman to unlawful
sexual intercourse by promise of marriage or *The accused charged with rape cannot be
other means of persuasion without use of force. convicted of qualified seduction under the same
information.
*Two classes of qualified seduction:

1. Seduction of a virgin over 12 years and under

ARTICLE 338 – SIMPLE SEDUCTION
18 years of age by certain persons, such as, a *Elements:
person in authority, priest, teacher, etc.
1. That the offended party is over 12 and under
2. Seduction of a sister by her brother, or 18 years of age.
descendant by her ascendant regardless of her
age or reputation. 2. That she must be of good reputation, single
or widow.
*Elements of qualified seduction of a virgin:
3. That the offender has sexual intercourse with
1. That the offended party is a virgin, which is her.
presumed if she is unmarried and of good
reputation. 4. That it is committed by means of deceit.

2. She must be over 12 and under 18 years of

age.

3. That the offender has sexual intercourse with

her.
ARTICLE 339 – ACTS OF LASCIVIOUSNESS WITH
4. That there is abuse of authority, confidence
or relationship on the part of the offender. THE CONSENT OF THE OFFENDED PARTY

*There must be sexual intercourse in qualified *Elements:

seduction, if none, only acts of lasciviousness.
1. That the offender commits acts of
*Offender in qualified seduction: lasciviousness.

1. Those who abused their authority: a. Person 2. That the acts are committed upon a woman
in public authority b. Guardian c. Teachers d. who is virgin or single or widow of good
Person who, in any capacity, is entrusted with reputation, under 18 years of age but over 12
the education or custody of the woman years, or a sister or descendant regardless of
seduced. her reputation or age.

2. Those who abused confidence reposed in 3. That the offender accomplishes the acts by
them: a. Priest b. House servant c. Domestic abuse of authority, confidence, relationship, or
deceit.
3. Those who abused their relationship a.
Brother who seduced his sister b. Ascendants *Male cannot be the offended party in this
who seduced his descendants crime.

*Deceit is not an element of qualified

seduction.
*Committed by the same persons under the *When there are several defendants, it is
same circumstances as those provided in article enough that one of them had lewd designs.
337 and 338.
*Husband not liable for abduction of his wife as
ARTICLE 340 – CURROPTION OF MINORS lewd design is wanting.

*Any person who shall promote or facilitate the *Sexual intercourse is not necessary in forcible
prostitution or corruption of persons under age abduction.
to satisfy the lust of another.
*When there is deprivation of liberty and no
*mere proposal will consummate the offense. lewd designs, it is kidnapping and serious illegal
detention.
*Child prostitution RA 7610
*There can only be one complex crime of
ARTICLE 341 – WHITE SLAVE TRADE
forcible abduction with rape when forcible
*Acts punished: abduction is followed by several acts of rape.

1. Engaging in the business of prostitution. *Rape may absorb forcible abduction if the
main objective was to rape the victim.
2. Profiting by prostitution
ARTICLE 343 – CONSENTED ABDUCTION
3. Enlisting the services of woman for the
purpose of prostitution. *Elements:

1. That the offended party must be a virgin.

2. That she must be over 12 and under 18 years

of age.

3. That the taking away of the offended party

must be with her consent, after solicitation or
ARTICLE 342 – FORCIBLE ABDUCTION cajolery from the offender.

*Elements: 4. That the taking away of the offended party

must be with lewd designs.
1. That the person abducted is any woman,
regardless of her age, civil status or reputation. *Virginity – referred under this article is not to
be understood in so material sense as to
2. That the abduction is against her will. exclude the idea of abduction of a virtuous
3. That the abduction is with lewd design woman of good reputation.

*Abduction – taking away a woman from her ARTICLE 344 – PROSECUTION OF THE CRIMES
house or the place where she may be for the OF ADULTERY, CONCUBINAGE, SEDUCTION,
purpose of carrying her to another place with ABDUCTION, RAPE AND ACTS OF
intent to marry or corrupt her. LASCIVIOUSNES

*If the female abducted is under 12 years of

age, the crime is forcible abduction, even if she
voluntarily goes with her abductor
 shall be punished by special disqualification
from filling the office of guardian.

ARTICLE 347 – SIMULATION OF BIRTHS,

SUBSTITUTION OF ONE CHILD FOR ANOTHER
AND CONCEALMENT OR ABANDONMENT OF A
LEGITIMATE CHILD
ARTICLE 345 – CIVIL LIABILITY OF PERSONS
The simulation of births and the substitution of
GUILTY OF CRIMES AGAINST CHASTITY one child for another shall be punished by
Person guilty of rape, seduction, or abduction, prison mayor and a fine of not exceeding 1,000
shall also be sentenced: pesos.

1. To indemnify the offended woman. The same penalties shall be imposed upon any
person who shall conceal or abandon any
2. To acknowledge the offspring, unless the law legitimate child with intent to cause such child
should prevent him from so doing. to lose its civil status.
3. In every case to support the offspring. Any physician or surgeon or public officer who,
The adulterer and the concubine in the case in violation of the duties of his profession or
provided for in Articles 333 and 334 may also be office, shall cooperate in the execution of any of
sentenced, in the same proceeding or in a the crimes mentioned in the two next preceding
separate civil proceeding, to indemnify for paragraphs, shall suffer the penalties therein
damages caused to the offended spouse. prescribed and also the penalty of temporary
special disqualification.
ARTICLE 346 – LIABILITY OF ASCENDANTS,
GUARDIANS, TEACHERS, OR OTHER PERSONS *Acts punished:
ENTRUSTED WITH THE CUSTODY OF THE 1. Simulation of births.
OFFENDED PARTY
2. Substitution of one child for another.
The ascendants, guardians, curators, teachers,
and any person who, by abuse of authority or 3. Concealing or abandoning any legitimate
child with intent to cause such child to lose its
confidential relationships, shall cooperate as civil status.
accomplices in the perpetration of the crimes
embraced in chapters second, third, and fourth, ARTICLE 348 – USURPATION OF CIVIL STATUS
of this title, shall be punished as principals. The penalty of prison mayor shall be imposed
Teachers or other persons in any other capacity upon any person who shall usurp the civil status
entrusted with the education and guidance of of another, should he do so for the purpose of
youth, shall also suffer the penalty of temporary defrauding the offended part or his heirs;
special disqualification in its maximum period to otherwise, the penalty of prison correctional in
perpetual special disqualification. its medium and maximum periods shall be
imposed.
Any person falling within the terms of this
article, and any other person guilty of ARTICLE 349 – BIGAMY
corruption of minors for the benefit of another,
The penalty of prison mayor shall be imposed
upon any person who shall contract a second or
subsequent marriage before the former The same penalties shall be imposed upon any
marriage has been legally dissolved, or before woman whose marriage shall have been
the absent spouse has been declared annulled or dissolved, if she shall marry before
presumptively dead by means of a judgment her delivery or before the expiration of the
rendered in the proper proceedings. period of three hundred and one day after the
legal separation.
*Elements:
ARTICLE 352 – PERFORMANCE OF ILLEGAL
1. That the offender has been legally married.
MARRIAGE CEREMONY
2. That the marriage has not been legally
Priests or ministers of any religious
dissolved or, in case his or her spouse is absent,
denomination or sect, or civil authorities who
the absent spouse could not yet be presumed
shall perform authorize any illegal marriage
dead according to the Civil Code.
ceremony shall be punished in accordance with
3. That he contracts a second or subsequent the provisions of the Marriage Law.
marriage.
ARTICLE 353 – DEFINITION OF LIBEL
4. That the second or subsequent marriage has
*A libel is public and malicious imputation of a
all the essential requisites for validity.
crime, or of a vice or defect, real or imaginary,
or any act, omission, condition, status, or
circumstance tending to cause the dishonor,
discredit, or contempt of a natural or juridical
person, or to blacken the memory of one who is
dead.

*Elements of defamation:
ARTICLE 350 – MARRIAGE CONTRACTED
AGAINST PROVISIONS OF LAW 1. That there must be an imputation of a crime,
or of a vice or defect, real or imaginary, or any
*Elements: act, omission, status or circumstance.
1. That the offender contracted marriage. 2. That the imputation must be made publicly.
2. That he knew at the time that: a. The 3. That it must be malicious.
requirements of the law were not complied
with; or b. The marriage was in disregard of a 4. That the imputation must be directed to a
legal impediment. natural or juridical person, or one who is dead.

ARTICLE 351 – PREMATURE MARRIAGES 5. That the imputation must tend to cause the
dishonor, discredit or contempt of the person
Any widow who shall marry within three defamed.
hundred and one day from the date of the
death of her husband, or before having ARTICLE 354 – REQUIREMENT FOR PUBLICITY
delivered if she shall have been pregnant at the
Every defamatory imputation is presumed to be
time of his death, shall be punished by arrest
malicious, even if it be true, if no good intention
mayor and a fine not exceeding 500 pesos.
and justifiable motive for making it is shown,
except in the following cases:
1. A private communication made by any ARTICLE 357 – PROHIBITED PUBLICATION OF
person to another in the performance of any ACTS REFERRED TO IN THE COURSE OF
legal, moral, or social duty; and OFFICIAL PROCEEDINGS

2. A fair and true report, made in good faith, *Elements:

without any comments or remarks, of any
1. That the offender is a reporter, editor or
judicial, legislative, or other official proceedings
manager of a newspaper daily or magazine.
which are not of confidential nature, or of any
statement, report or speech delivered in said 2. That he publishes facts connected with the
proceedings, or of any other act performed by private life of another.
public officers in the exercise of their functions.
3. That such facts are offensive to the honor,
ARTICLE 355 – LIBEL BY MEANS OF WRITINGS virtue and reputation of said person.
OR SIMILAR MEANS
ARTICLE 358 – SLANDER (Oral defamation)
*Libel may be committed by means of:
*Slander is libel committed by oral means,
1. Writing instead of in writing.
2. Printing *Kinds of oral defamation:
3. Lithography 1. Simple slander
4. Engraving 2. Grave slander, when it is of serious and
insulting nature.
5. Radio
*There is oral defamation, even if other persons
6. Phonograph
and not the offended party heard the
7. Painting slanderous words.

8. Theatrical exhibition

9. Cinematographic exhibition ARTICLE 359 – SLANDER BY DEED

10. Or any similar means *Slander by deed is a crime against honor which
is committed by performing any act which casts
ARTICLE 356 – THREATENING TO PUBLISH AND
dishonor, discredit, or contempt upon another
OFFER TO PREVENT SUCH PUBLICATION FOR
person.
COMPENSATION
*Elements:
*Acts punished:
1. That the offender performs any act not
1. By threatening another to publish a libel
included in any other crime against honor.
concerning him, or his parents,
2. That such act is performed in the presence of
spouse, child, or other members of his family.
other person or persons.
2. By offering to prevent the publication of such
3. That such act casts dishonor, discredit or
libel for compensation, or money consideration.
contempt upon the offended party.

*Kinds of slander by deed:

1. Simple slander by deed 2. Grave slander by managing editor of a newspaper from criminal
deed liability.

ARTICLE 360 – PERSONS RESPONSIBLE

*Persons responsible for libel are:

1. The person who publishes, exhibits or causes ARTICLE 363 – INCRIMINATIONG INNOCENT
the publication or exhibition of any defamation PERSON
in writing or similar means.
Any person who, by any act not constituting
2. The author or editor of a book or pamphlet. perjury, shall directly incriminate or impute to
an innocent person the commission of a crime,
3. The editor or business manager of a daily shall be punished by arresto menor.
newspaper magazine or serial publication.
*Elements:
4. The owner of the printing plant which
publishes a libelous article with his consent and 1. That the offender performs an act.
all other persons who in any way participate in
2. That by such act he directly incriminates or
or have connection with its publication. (US vs.
imputes to an innocent person the commission
Ortiz)
of a crime.

3. That such act does not constitute perjury.

ARTICLE 361 – PROOF OF THE TRUTH
In every criminal prosecution for libel, the truth
may be given in evidence to the court and if it
appears that the matter charged as libelous is ARTICLE 364 – INTRIGUING AGAINST HONOR
true, and, moreover, that it was published with
The penalty of arresto menor or fine not
good motives and for justifiable ends, the
exceeding 200 pesos shall be imposed for any
defendants shall be acquitted.
intrigue which has for its principal purpose to
Proof of the truth of an imputation of an act or blemish the honor or reputation of a person.
omission not constituting a crime shall not be
admitted, unless the imputation shall have been
made against Government employees with
respect to facts related to the discharge of their
official duties.
ARTICLE 365 – IMPRUDENCE AND NEGLIGENCE
In such cases, if the defendant proves the truth
of the imputation made by him, he shall be *Quasi-offenses under Article 365 are
acquitted. committed in four ways:

ARTICLE 362 – LIBELOUS REMARKS 1. By committing through reckless imprudence

any act which, had it been intentional, would
Libelous remarks or comments connected with
constitute a grave or less grave felony or light
the matter privileged under the provisions of
felony.
Article 354, if made with malice, shall not
exempt the author thereof nor the editor or
2. By committing through simple imprudence or occupation; b. Degree of intelligence, physical
negligence an act which would otherwise condition; and c. Other circumstances regarding
constitute a grave or a less serious felony. persons, time and place.

3. By causing damage to the property of *Elements of simple imprudence:

another through reckless imprudence or simple
1. That there is lack of precaution on the part of
imprudence or negligence.
the offender.
4. By causing through simple imprudence or
2. That the damage impending to be caused is
negligence some wrong which, if done
not immediate or the danger is not clearly
maliciously, would have constituted a light
manifest.
felony.

*Imprudence or negligence is the crime itself –

not simply a way of committing a crime. (Atty.
Mercader) (Ivler vs. San Pedro)

*Imprudence or negligence simply a way of

committing a crime – ABANDONED DOCTRINE.

*Reckless imprudence – consists in voluntarily,

but without malice, doing or failing to do an act
from which material damage results by reason
of inexcusable lack of precaution on the part of
the person performing or failing to perform
such act, taking into consideration his
employment or occupation, degree of
intelligence, physical condition and other
circumstances regarding persons, time and
place.

*Simple imprudence – consists in the lack of

precaution displayed in those cases in which the
damage impending to be caused is not
immediate nor the danger clearly manifest.

*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.

5. That there is inexcusable lack of precaution

on the party of the offender, taking into
consideration –a. His employment or